Regular Session - June 19, 2017

                                                                   4594

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 19, 2017

11                     11:00 a.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  


                                                               4595

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask all present to please 

11   bow your heads in a moment of silent prayer and 

12   reflection.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Sunday, 

18   June 18th, the Senate met pursuant to 

19   adjournment.  The Journal of Saturday, 

20   June 17th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.


                                                               4596

 1                Messages from the Assembly.  

 2                The Secretary will read.

 3                THE SECRETARY:   On page 13, 

 4   Senator Croci moves to discharge, from the 

 5   Committee on Rules, Assembly Bill Number 6361 

 6   and substitute it for the identical Senate Bill 

 7   4284, Third Reading Calendar 417.

 8                On page 14, Senator Seward moves to 

 9   discharge, from the Committee on Rules, 

10   Assembly Bill Number 117A and substitute it for 

11   the identical Senate Bill 1314A, Third Reading 

12   Calendar 430.

13                On page 22, Senator Hannon moves to 

14   discharge, from the Committee on Health, 

15   Assembly Bill Number 1982 and substitute it for 

16   the identical Senate Bill 3295, Third Reading 

17   Calendar 647.

18                On page 24, Senator Ritchie moves 

19   to discharge, from the Committee on Rules, 

20   Assembly Bill Number 7486A and substitute it for 

21   the identical Senate Bill 2119A, Third Reading 

22   Calendar 696.

23                On page 25, Senator Ranzenhofer 

24   moves to discharge, from the Committee on 

25   Corporations, Authorities, and Commissions, 


                                                               4597

 1   Assembly Bill Number 7279 and substitute it for 

 2   the identical Senate Bill 5294, Third Reading 

 3   Calendar 721.

 4                On page 35, Senator Serino moves to 

 5   discharge, from the Committee on Rules, 

 6   Assembly Bill Number 1112B and substitute it for 

 7   the identical Senate Bill 2139B, Third Reading 

 8   Calendar 964.

 9                On page 38, Senator Gallivan moves 

10   to discharge, from the Committee on Rules, 

11   Assembly Bill Number 7198A and substitute it for 

12   the identical Senate Bill 5512A, Third Reading 

13   Calendar 1034.

14                On page 38, Senator Marchione moves 

15   to discharge, from the Committee on Rules, 

16   Assembly Bill Number 2980 and substitute it for 

17   the identical Senate Bill 1125, Third Reading 

18   Calendar 1039.

19                On page 39, Senator Croci moves to 

20   discharge, from the Committee on Investigations 

21   and Government Operations, Assembly Bill Number 

22   7100 and substitute it for the identical Senate 

23   Bill 5280, Third Reading Calendar 1055.

24                On page 44, Senator Bonacic moves 

25   to discharge, from the Committee on Rules, 


                                                               4598

 1   Assembly Bill Number 8127 and substitute it for 

 2   the identical Senate Bill 6408A, Third Reading 

 3   Calendar 1137.

 4                On page 45, Senator Hannon moves to 

 5   discharge, from the Committee on Rules, 

 6   Assembly Bill Number 7727A and substitute it for 

 7   the identical Senate Bill 5840, Third Reading 

 8   Calendar 1152.

 9                On page 45, Senator Murphy moves to 

10   discharge, from the Committee on Rules, 

11   Assembly Bill Number 7635A and substitute it for 

12   the identical Senate Bill 6005A, Third Reading 

13   Calendar 1156.

14                On page 45, Senator Hannon moves to 

15   discharge, from the Committee on Rules, 

16   Assembly Bill Number 7846 and substitute it for 

17   the identical Senate Bill 6347, Third Reading 

18   Calendar 1163.

19                On page 50, Senator Lanza moves to 

20   discharge, from the Committee on Rules, 

21   Assembly Bill Number 7442 and substitute it for 

22   the identical Senate Bill 5071, Third Reading 

23   Calendar 1316.

24                On page 56, Senator Larkin moves to 

25   discharge, from the Committee on Rules, 


                                                               4599

 1   Assembly Bill Number 1571B and substitute it for 

 2   the identical Senate Bill 5431A, Third Reading 

 3   Calendar 1484.

 4                And on page 58, Senator Marcellino 

 5   moves to discharge, from the Committee on Rules, 

 6   Assembly Bill Number 6053A and substitute it for 

 7   the identical Senate Bill 4971A, Third Reading 

 8   Calendar 1636.

 9                ACTING PRESIDENT GRIFFO:   The 

10   substitutions are so ordered.

11                Messages from the Governor.

12                Reports of standing committees.

13                Reports of select committees.

14                Communications and reports of state 

15   officers.

16                Motions and resolutions.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   I'd like to 

19   call up Bill Print 1323, by Senator LaValle, 

20   recalled from the Assembly, which is now at the 

21   desk.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   607, by Senator LaValle, Senate Print 1323, an 


                                                               4600

 1   act to amend the Education Law.

 2                SENATOR DeFRANCISCO:   I now move to 

 3   reconsider the vote by which the bill was passed.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll on reconsideration.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 45.

 8                SENATOR DeFRANCISCO:   I now offer 

 9   the following amendments.

10                ACTING PRESIDENT GRIFFO:   The 

11   amendments are received.

12                SENATOR DeFRANCISCO:   Next, I have 

13   Bill Print Number 5357, by Senator Hannon, 

14   recalled from the Assembly, which is now at the 

15   desk.

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   1147, by Senator Hannon, Senate Print 5357, an 

20   act to amend the Public Health Law.

21                SENATOR DeFRANCISCO:   I now move to 

22   reconsider the vote by which this bill was 

23   passed.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll on reconsideration.


                                                               4601

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 45.

 3                SENATOR DeFRANCISCO:   I now offer 

 4   the following amendments.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   amendments are received.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Is there a 

 9   report of the Finance Committee at the desk?  

10                ACTING PRESIDENT GRIFFO:   There is 

11   a report of the Finance Committee before the 

12   desk.  

13                The Secretary will read.

14                THE SECRETARY:   Senator Young, from 

15   the Committee on Finance, reports the following 

16   nominations.  

17                As members of the State Board of 

18   Parole:  Tana M. Agostini, of Saugerties; Erik J. 

19   Berliner, of Brooklyn; Otis Cruse, of Hartsdale; 

20   Caryne Demosthenes, of New York; Tyece Drake, of 

21   Nyack; Carol Shapiro, of New York; and Walter 

22   William Smith, Jr., of Clarence Center.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   DeFrancisco.

25                SENATOR DeFRANCISCO:   Yes.  On 


                                                               4602

 1   behalf of Senator Young, I'd like to move the 

 2   nominations separately, please.

 3                THE SECRETARY:   Tana M. Agostini, 

 4   of Saugerties.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   question is on the name of Tana M. Agostini for 

 7   the position of a member of the Board of Parole.  

 8   All in favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   Tana M. 

13   Agostini has been confirmed.

14                SENATOR DeFRANCISCO:   I now move 

15   Erik Berliner, of Brooklyn.

16                ACTING PRESIDENT GRIFFO:   The 

17   question is on the position of Erik J. Berliner, 

18   of Brooklyn, as a member of the State Board of 

19   Parole.  All in favor signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT GRIFFO:   Opposed?  

22                (No response.)

23                ACTING PRESIDENT GRIFFO:   Erik J. 

24   Berliner has been confirmed as a member of the 

25   State Board of Parole.


                                                               4603

 1                SENATOR DeFRANCISCO:   I now move 

 2   Otis Cruse, of Hartsdale, who is being 

 3   reappointed to that position.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   question is on the appointment of Otis Cruse as a 

 6   member of the State Board of Parole.  All in 

 7   favor signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:   Otis 

12   Cruse is hereby confirmed as a member of the 

13   State Board of Parole.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   I now move 

16   Caryne Demosthenes.

17                ACTING PRESIDENT GRIFFO:   The 

18   question is on the nomination of Caryne 

19   Demosthenes, of New York.  All in favor signify 

20   by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT GRIFFO:   Opposed?  

23                (No response.)

24                ACTING PRESIDENT GRIFFO:   Caryne 

25   Demosthenes is hereby approved and confirmed as a 


                                                               4604

 1   member of the State Board of Parole.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   I now move 

 4   Tyece Drake, of Nyack.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   question is on the nomination of Tyece Drake as a 

 7   member of the State Board of Parole.  All in 

 8   favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   Tyece 

13   Drake is hereby confirmed as a member of the 

14   State Board of Parole.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   I now move 

17   Carol Shapiro.

18                ACTING PRESIDENT GRIFFO:   Carol 

19   Shapiro has been moved under consideration as a 

20   member of the State Board of Parole.  All in 

21   favor say aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT GRIFFO:   Opposed?  

24                (No response.)

25                ACTING PRESIDENT GRIFFO:   Carol 


                                                               4605

 1   Shapiro is hereby confirmed as a member of the 

 2   New York State Board of Parole.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   I now move 

 5   Walter William Smith, Jr., who's being 

 6   reappointed.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   question is on the reappointment of Walter 

 9   William Smith, Jr., as a member of the New York 

10   State Board of Parole.

11                Senator Rivera.

12                SENATOR RIVERA:   Thank you, 

13   Mr. President.

14                I'd like to make a couple of 

15   comments first about the process.  I'd like to 

16   publicly laud Senator Patrick Gallivan, who is 

17   the chair of the Crime Victims, Crime and 

18   Corrections Committee, for his professionalism 

19   and for the fact that we were able to do -- in a 

20   very tight timeline, were actually able to 

21   actually see these seven folks.  

22                I would say to whomever is listening 

23   that we have been ready for these nominations for 

24   a while.  It would be good if you got them to us 

25   in a more timely fashion.  That is certainly true 


                                                               4606

 1   of many of the other nominations we will see in 

 2   the mere three days that we have left.

 3                So that is generally about the 

 4   process, but I want to speak specifically about 

 5   this nominee.

 6                While I am certainly thankful that 

 7   the Governor has sent us five new nominations, 

 8   many of whom -- who have just gotten appointed, I 

 9   both congratulate them, as well as one of 

10   reappointments, who I believe are certainly going 

11   to -- particularly the new reappointments I think 

12   are going to do a fantastic job on the board.  

13   They have an understanding of the law, but they 

14   also have a vision of criminal justice which goes 

15   beyond merely being a punitive one in nature.  

16                Which is why I wanted to speak 

17   specifically on the reappointment of this last 

18   Parole Board commissioner, which I will oppose, 

19   Mr. President.

20                And I will oppose it because I 

21   believe that we are in a place where, when we 

22   think about criminal justice, we have to think 

23   about whether rehabilitation is possible.  We 

24   have to think about the individuals that are 

25   incarcerated that have acknowledged their crimes, 


                                                               4607

 1   acknowledged responsibility for their crimes, and 

 2   tried to atone for the mistakes that they've 

 3   made.  

 4                If you have a vision of criminal 

 5   justice that says that certain crimes deserve no 

 6   mercy and no forgiveness, then certainly we can't 

 7   have a conversation further.  You will disagree 

 8   with the rest of what I have to say.  

 9                But if you believe that an 

10   individual that commits a crime but acknowledges 

11   that crime, acknowledges responsibility, and does 

12   everything in their power -- everything that we 

13   allow them to do while incarcerated -- to be able 

14   to rehabilitate themselves, to be able to atone 

15   for their sins and to say, I want to go back into 

16   society and be a productive member of it -- if 

17   you believe that that is something that can 

18   happen, then I believe that you should also 

19   oppose this nomination.  Because unfortunately, I 

20   believe that the record of Mr. Smith demonstrates 

21   that he does not believe in rehabilitation.  

22                As I said during the hearing on 

23   Thursday, when I go up for reelection every two 

24   years, I have to ask that my constituents judge 

25   me based on what I've done, based on the actions 


                                                               4608

 1   that I have taken, based on what my record is.  

 2   And if we are to see that -- if we are to take 

 3   the same amount of -- if we are to look at 

 4   Mr. Smith's record over 20 years on the Parole 

 5   Board, serving longer than any other 

 6   commissioner, I think it is clear that, sadly and 

 7   unfortunately, he does not believe that 

 8   rehabilitation, and furthermore he in many 

 9   instances has violated the role that he is 

10   supposed to have as a commissioner.  

11                I believe that it is demonstrated, 

12   if you just read some of the transcripts of 

13   20 years of Parole Board hearings, that his 

14   unprofessional conduct, his condescending 

15   conduct, his humiliating conduct to some 

16   individuals who have acknowledged their crime -- 

17   and I want to make sure that this is made clear, 

18   because one question that was asked of me by a 

19   Senator last week is do I believe in the rights 

20   of victims.  Absolutely I do.  

21                But if I see an individual that has 

22   acknowledged that their crimes -- if someone is 

23   unrepentant, then certainly they should remain 

24   incarcerated.  But if somebody acknowledges their 

25   crimes, acknowledges responsibility, and does 


                                                               4609

 1   everything under the sun to rehabilitate 

 2   themselves, to be educated, to be a better 

 3   person, should we not give that person the 

 4   opportunity to come outside and be a productive 

 5   member of society?  

 6                There's many formerly incarcerated 

 7   folks that I've gotten to know in my time in the 

 8   Senate.  I am not -- I don't have much contact 

 9   with the criminal justice system myself.  I've 

10   never been arrested.  I do not have family 

11   members who have been incarcerated.  I am not an 

12   attorney, nor do I have family members who are.  

13                But in the time that I've been in 

14   the Senate, particularly during my first two 

15   years in the Senate, as I was the Crime Victims, 

16   Crime and Corrections ranking member, I met many 

17   individuals who are formerly incarcerated who 

18   have done incredible things with their lives.  

19                And so when I look at the conduct of 

20   Mr. Smith over the time that he has been inside, 

21   in particular -- there's many instances that I 

22   can mention, but I will only mention one, 

23   Mr. President, since I know that a couple of my 

24   colleagues want to speak as well.  There's one 

25   gentleman in particular who over a period of time 


                                                               4610

 1   was denied parole 10 times.  This gentleman did 

 2   commit a crime, and committed a serious crime, 

 3   but it is a crime that he atoned for, that he 

 4   asked for forgiveness for, and ultimately was 

 5   denied parole 10 times strictly because of what 

 6   he had done originally.  And everything that he 

 7   had done while incarcerated was ignored.  After 

 8   the tenth time that he was denied parole, he 

 9   committed suicide.  

10                And I think that that is 

11   particularly important to understand, that not 

12   only did he do that -- this is Mr. John 

13   MacKenzie, who when 29 years old was convicted of 

14   the murder of a police officer.  And that is a 

15   heinous crime.  But if you acknowledge that you 

16   committed that mistake and over a period of 

17   40 years tried to atone for it, should you not be 

18   given the opportunity to be a member of society, 

19   a productive member outside?  I believe you 

20   should.  If you've proven that you acknowledge 

21   your mistake, I think that you should be given 

22   that opportunity.  

23                In the case of Mr. Smith -- I will 

24   finish with this.  In the case of Mr. Smith, 

25   unfortunately he was -- in the eighth and ninth 


                                                               4611

 1   time that this person, John MacKenzie, was denied 

 2   parole, he was on that board.  After the ninth 

 3   time, a judge threw out that decision and ordered 

 4   a de novo hearing, ordered a new hearing to be 

 5   held, and was very specific about who should not 

 6   be in that hearing.  Specifically, the judge 

 7   ordered that no person that had been on the prior 

 8   two boards be on that board.  Yet Mr. Smith was 

 9   there.  

10                On Thursday, he acknowledged that 

11   that was the case, but said that he is assigned 

12   where he goes.  I believe that someone who had 

13   taken their job a little bit more seriously, or 

14   somebody who had acknowledged there was a 

15   judgment -- there was an order from a judge not 

16   to go on that tenth board, would have said:  I 

17   cannot be there, I am conflicted out, and so I 

18   will not sit on that board.  

19                He did.  He sat on that board, and 

20   after the tenth time, John MacKenzie's parole was 

21   denied and he committed suicide while in prison.  

22                Bottom line, ladies and gentlemen, I 

23   believe that this is not the type of person that 

24   we should have in the Parole Board.  We have 

25   individuals that were appointed and were 


                                                               4612

 1   confirmed today who both recognize a 

 2   responsibility to public safety, but who also 

 3   recognize that you have to take into 

 4   consideration what a person has done to rebuild 

 5   their own lives.  

 6                And one last time, this is not for 

 7   one second to dismiss those victims who are 

 8   impacted by the actions of this person.  But if 

 9   those individuals do everything in their power to 

10   accept responsibility, to atone for that 

11   mistake -- if you believe that they should not be 

12   let out, then this conversation is moot.  But if 

13   you believe that they should be given an 

14   opportunity, then I believe that better people 

15   need to serve on the Parole Board.  And that is 

16   why I would oppose this nomination.  

17                Thank you, Mr. President.  

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Bailey.  

20                I'm going to ask, please, to take 

21   conversations outside the chamber.  

22                Senator Bailey.

23                SENATOR BAILEY:   Thank you, 

24   Mr. President.  On the nomination.  

25                I also oppose the reappointment of 


                                                               4613

 1   Mr. Smith.  But before I state why, I also want 

 2   to publicly cite Senator Patrick Gallivan for his 

 3   leadership as the chair of the Crime Victims, 

 4   Crime and Correction Committee, not just 

 5   throughout the Parole Board process but 

 6   throughout the entire year, keeping me abreast of 

 7   what was happening.  

 8                I had a family emergency, so I was 

 9   not able to appear this past Thursday.  But I 

10   also want to thank my colleagues in the Senate 

11   Democratic Conference for stepping up -- Senator 

12   Rivera, Senator Montgomery, Senator Hoylman -- 

13   for their line of questioning.  

14                If we're talking about victims' 

15   rights, the first bill I passed in this very 

16   house was concerning the rights of victims, 

17   making sure that we define what a necessary court 

18   appearance is so that victims can make sure that 

19   they are able to get to their appearances.  

20                So make no mistake about it, my 

21   stance is not anti-victim.  Again, my first bill 

22   in this house is concerning victims.  But what I 

23   am concerned about is the original offense being 

24   a life sentence.  

25                I do have some concerns about 


                                                               4614

 1   Mr. Smith and his record, but to save some time, 

 2   Senator Rivera kind of dug into those very well.

 3                Frequently denying individuals 

 4   parole when they have availed themselves of all 

 5   opportunities to rehabilitate themselves, despite 

 6   the original offense, does nobody any good.  

 7   Period.  If we are truly going to incarcerate 

 8   people for the purpose of rehabilitation, then we 

 9   must look at the totality of the circumstances.  

10                If we're not going to rehabilitate, 

11   we should just say that up-front.  But if we are 

12   looking to rehabilitate, we have to take into 

13   account everything that individual is doing to 

14   avail themselves educationally, vocationally, 

15   spiritually, emotionally, to become a better 

16   person.  If that's what they're trying to do 

17   inside, we need to give them better 

18   consideration.

19                And I'm not saying open up the jails 

20   and let everybody out.  That's far from what I'm 

21   saying.  Let's be very clear about what I am 

22   saying:  That individuals like this, in the 

23   current climate that we're in, I do not believe 

24   should be on the Parole Board.  

25                You know, looking at the other 


                                                               4615

 1   members and even some of the other 

 2   reappointments, I believe that we are overall 

 3   moving in the right direction, but we have so 

 4   much further to go.  

 5                Thank you, Mr. President.  As I 

 6   stated previously, I oppose this nomination.  

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Díaz.

 9                SENATOR DÍAZ:   Thank you, 

10   Mr. President.  Good morning, ladies and 

11   gentlemen.  

12                We have but a few days left to go, 

13   and now, at the last minute, the last three days, 

14   we are being faced with a bunch of nominations 

15   from the Governor.  As a matter of fact, 

16   Mr. President and ladies and gentlemen, 108 

17   nominations will be approved by this chamber in 

18   the next few days.  

19                And sadly, sadly, out of those 108 

20   nominations, only five, only five of them are 

21   Hispanic.  And out of the five, Mr. President and 

22   ladies and gentlemen, out of those five, two of 

23   them, Fernando Ferrer and the other lady, are 

24   reappointments.  That means, Mr. President and 

25   ladies and gentlemen, that out of 108 


                                                               4616

 1   nominations, the Governor is only appointing 

 2   three Hispanics.  That's an outrage.  

 3                And when my colleague Senator Rivera 

 4   talks about qualified people to be appointed and 

 5   talks about the qualifications of the person that 

 6   he was talking about, the thing that comes to my 

 7   mind, did the Governor really search among 

 8   New York State residents and among the Hispanic 

 9   community to find qualified people?

10                But every time that they need our 

11   support they come to our community, they use us 

12   and they abuse us.  And this time they are again 

13   abusing us.  Out of 108, only three will be 

14   appointed by the Governor.

15                So that's why I'm voting no.  I'm 

16   voting no because I'm angry, I'm upset, I am 

17   disappointed for all these nominations ignoring 

18   our community.  I know that everybody here, 

19   everyone here are proud of their heritage, and 

20   everyone here promotes their heritage as long as 

21   they are qualified.  And I believe that in our 

22   Hispanic community we have a lot of qualified 

23   individuals, men and women, that could be 

24   appointed.  But to do 108 and only three is more 

25   than I can swallow.


                                                               4617

 1                So thank you, Mr. President, and I'm 

 2   voting no also.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Gallivan.

 5                SENATOR GALLIVAN:   Thank you, 

 6   Mr. President.

 7                I rise to speak on the nominations 

 8   of the Parole Board by Governor Cuomo.  And while 

 9   I know that we've confirmed each of them 

10   originally and we're now considering Walter 

11   William Smith, if I may just talk about all of 

12   them together.  

13                We sat through about a three hour, 

14   45-minute confirmation hearing.  And the 

15   individual members of the Crime and Corrections 

16   Committee, I'm greatly appreciative of their 

17   time, their professionalism -- the ranking 

18   member, Senator Bailey; Senator Rivera, who stood 

19   in for Senator Bailey helped to make the process 

20   go smoother.  

21                The candidates collectively come 

22   from diverse professional, geographical, ethnic 

23   backgrounds.  I think the Governor has done an 

24   outstanding job in putting forward the slate of 

25   candidates, and he should be commended for them.  


                                                               4618

 1                And I would like to personally 

 2   congratulate Otis Cruse, who is with us today, 

 3   and his family on his reconfirmation to a second 

 4   term on the Parole Board.  So congratulations to 

 5   you, and thank you for your service.

 6                So Commissioner Cruse was one of the 

 7   two individuals who was nominated for 

 8   reappointment by the Governor.  Walter William 

 9   Smith, whose nomination is under consideration 

10   right now, is the other.  I would say that the 

11   Governor, in putting both of these individuals 

12   forward, did so in recognition of the jobs that 

13   they do, of the record that they have.

14                In the case of Commissioner Smith, 

15   he has served on the Parole Board over 20 years.  

16   He is the senior member of the Parole Board.  He 

17   has been nominated by both Republican and 

18   Democratic governors.  This is Governor Cuomo's 

19   second nomination of Commissioner Smith to this 

20   position for an additional term.

21                The Executive Law governs the 

22   operations of the Parole Board.  And in the 

23   Executive Law, it also governs the standards of 

24   release and the factors that must be considered 

25   when the Parole Board is making a decision on 


                                                               4619

 1   whether or not to release an individual who is 

 2   eligible for parole.  And I would like to remind 

 3   all of my colleagues that the Executive Law 

 4   states in part that parole shall not be granted 

 5   based on good conduct alone, or a positive record 

 6   while confined.  

 7                But the Executive Law then lays out 

 8   a series of standards that must be met.  Not all 

 9   of the standards have to do with the individual 

10   conduct of the person being considered for 

11   parole.  The community's interest must be 

12   considered as well.  I acknowledge that that is 

13   an objective standard -- or, I'm sorry, a 

14   subjective standard, that the human beings and 

15   the individual members of the Parole Board must 

16   consider.

17                The Executive Law lays out the 

18   things that the Parole Board must consider, the 

19   factors.  And essentially, without going into all 

20   of them, it's a look at the crime of 

21   conviction -- it's the past, present, future.  

22   The crime of conservation; the individual's prior 

23   criminal record, if any; their accomplishments 

24   while they are incarcerated and then what the 

25   future plans for release might be.  


                                                               4620

 1                They must also consider comments 

 2   from the sentencing judge, comments if any from 

 3   the district attorney, defense attorney, and of 

 4   course from victims.

 5                So the record that gets established 

 6   in each and every case is supposed to touch on 

 7   all of these different things, and then the 

 8   parole commissioners must deliberate and make a 

 9   subjective decision, to the best of their 

10   ability, based upon the factors they consider, 

11   whether or not the individual meets the standard 

12   for release.

13                In the case of Commissioner Smith, I 

14   have known him professionally and personally for 

15   many, many years.  Many know I was also a member 

16   of the Parole Board, and I worked with 

17   Commissioner Smith, among some others that are 

18   still serving in that capacity.  

19                I think that -- I concur with the 

20   Governor that Commissioner Smith merits 

21   reappointment.  While there is disagreement with 

22   my colleagues, I believe that he pays attention 

23   to the law, looks at the totality of 

24   circumstances, as he is supposed to, and makes 

25   decisions accordingly.


                                                               4621

 1                Separate from that, my colleague 

 2   Senator Rivera spoke about a particular case and 

 3   a judge's determination in granting an appeal or 

 4   new hearing.  And during the testimony of 

 5   Commissioners Cruse and Commissioner Smith, it 

 6   was established that the individual members of 

 7   the Parole Board do not have any control over 

 8   their schedule.  They are told where to go, and 

 9   they do not know until the day of the actual 

10   hearing what individuals they are going to be 

11   interviewing.

12                So they're not at liberty to tell 

13   the chairman of the board that they're not going 

14   to a particular place nor interviewing an 

15   individual person that's up for parole.  

16                So in a case of any scheduling and 

17   whether or not a commissioner should be on or not 

18   on a panel, there is a forum for that.  I believe 

19   that it is being litigated, and ultimately time 

20   will tell.  But in my belief, that cannot be put 

21   on the back of the individual commissioner.

22                Those are the points that I did want 

23   to discuss.  With all due respect to my 

24   colleagues, I know that we have some differences 

25   on this.  I want to thank them again for their 


                                                               4622

 1   professionalism, the way that they conducted 

 2   themselves with utmost integrity during the 

 3   appearing hearing.

 4                That notwithstanding, I will be 

 5   supporting the nomination of Commissioner Smith 

 6   for reappointment, and I urge all my colleagues 

 7   to do the same.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Ranzenhofer.

11                SENATOR RANZENHOFER:   Thank you, 

12   Mr. President.  

13                I also rise in support of this 

14   nominee.  This is the longest-serving member of 

15   the Parole Board.  I have known Mr. Smith for 

16   many years.  

17                I don't want to repeat everything 

18   that Senator Gallivan did, but I will point out 

19   that he has been appointed by both Democratic and 

20   Republican Governors.  I think he has a good 

21   sense of balance, he knows right from wrong.  And 

22   I just want to commend Mr. Smith for the 

23   excellent job that he has done on the 

24   Parole Board.  

25                And I would also urge my colleagues 


                                                               4623

 1   to support his nomination.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   question is on Walter William Smith, Jr., as a 

 4   member of the state Board of Parole.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Thank you, 

 7   Mr. President.  

 8                I believe the Senate rules allow us 

 9   to have a recorded vote on a nomination if five 

10   members request it, and I believe we have five 

11   members of our conference ready to stand and 

12   request it in this case.

13                ACTING PRESIDENT GRIFFO:   So 

14   directed.

15                SENATOR DeFRANCISCO:   That's not 

16   necessary.  By unanimous consent, we would call 

17   for a roll call.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll on the nomination.  The question is on the 

20   nomination.  Call the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will announce the results.

24                THE SECRETARY:   Those recorded in 

25   the negative on the nomination are Senators 


                                                               4624

 1   Alcantara, Bailey, Benjamin, Breslin, Brooks, 

 2   Comrie, Díaz, Dilan, Gianaris, Hamilton, Hoylman, 

 3   Kaminsky, Krueger, Latimer, Montgomery, Parker, 

 4   Persaud, Rivera, Sanders, Squadron and 

 5   Stewart-Cousins.  

 6                Ayes, 37.  Nays, 21.

 7                ACTING PRESIDENT GRIFFO:   Walter 

 8   William Smith, Jr., is hereby confirmed as a 

 9   member of the State Board of Parole.

10                We want to extend our 

11   congratulations to all those today who have been 

12   appointed and reappointed as members of the State 

13   Board of Parole.  We extend our very best to you 

14   as you continue to undertake duties and 

15   responsibilities commensurate with your position.

16                Congratulations.

17                (Standing ovation.)

18                ACTING PRESIDENT GRIFFO:   Senator 

19   DeFrancisco.

20                SENATOR DeFRANCISCO:   Can we please 

21   take up previously adopted Resolution 2534, by 

22   Senator Tedisco, read the title only, and call on 

23   Senator Tedisco.

24                ACTING PRESIDENT GRIFFO:   The 

25   Secretary will read.


                                                               4625

 1                THE SECRETARY:   Legislative 

 2   Resolution Number 2534, by Senator Tedisco, 

 3   commending the students from the Lake Pleasant 

 4   Central School District upon the occasion of 

 5   their participation and 1st-place victories in 

 6   the KidWind Challenge.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Tedisco.

 9                SENATOR TEDISCO:   Thank you, 

10   Mr. President.

11                Mr. President and colleagues, from 

12   up in the balcony I am pleased to welcome a group 

13   of students from Lake Pleasant Central School who 

14   are with us today.

15                This group received first place in 

16   the KidWind Challenge.  This project engages in 

17   and challenges students with its hands-on 

18   approach in enabling students to discover and 

19   engage wind energy technology development.

20                The group competed with their peers 

21   in using recycled materials in the construction 

22   of a turbine, which was tested to determine its 

23   electrical output as a renewable energy source.

24                Students traveled to Utica SUNY Poly 

25   to compete in the regional finals.  The 


                                                               4626

 1   eighth-grade team took not only first, but second 

 2   and third places in the Middle School Division.  

 3   And the ninth-graders took first place in the 

 4   high school competition amongst several other 

 5   schools at SUNY Polytechnic in Utica.

 6                The eighth- and ninth-grade students 

 7   went on the national competition in the KidWind 

 8   Challenge in Anaheim, California, on May 24th and 

 9   25th.  There they demonstrated their hard work in 

10   a design project that teaches our youth about 

11   wind power generation of electricity.  The group 

12   placed respectably amongst their peers from all 

13   over the United States of America.  

14                The young students up in the gallery 

15   are potentially our future engineers who will 

16   help us design and build bridges and buildings in 

17   the most energy-efficient way in New York and 

18   across this nation.

19                The KidWind students are joined 

20   today by their classmates, chaperones, and the 

21   instructors who helped guide them through this 

22   exciting and challenging process.  

23                Mr. President and my colleagues, 

24   would you please welcome them, congratulate them 

25   on this outstanding achievement, and offer them 


                                                               4627

 1   all the cordialities of this august body.

 2                ACTING PRESIDENT GRIFFO:   We 

 3   welcome the Lake Pleasant Central School District 

 4   students, faculty and family members who are here 

 5   today, congratulate you, and we wish you the best 

 6   of luck in your continued pursuits.  

 7                Please stand be and recognized.

 8                (Standing ovation.)

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes, can you 

12   now take up the noncontroversial reading of the 

13   calendar.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 40, 

17   by Senator Griffo, Senate Print 1411B, an act to 

18   amend the General Municipal Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect January 1, 2019.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4628

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Brooks to explain his vote.

 3                SENATOR BROOKS:   Thank you, 

 4   Mr. President.

 5                I'd like to first thank the sponsor 

 6   for bringing this bill up once again.  

 7                All across this state, communities 

 8   are protected by men and women who serve on the 

 9   volunteer fire and ambulance service.  Their 

10   response and their duty is 24 hours a day, seven 

11   days a week, 365 days a year.  The volunteer fire 

12   service saves millions of taxpayer dollars across 

13   this state.

14                Those who serve in the fire service 

15   have no idea when they're going to be called for 

16   duty.  Yesterday I had packed the car to head up 

17   here and ended up responding to a fire alarm 

18   before I left.  

19                There's a great deal of risk 

20   associated with what we do.  That risk begins at 

21   the time of the alarm when we respond.  We have 

22   members getting to fire stations and crossing the 

23   street to the firehouse being hit by cars because 

24   people fail to yield the right of way to them.

25                This particular bill has been up 


                                                               4629

 1   here in Albany for an extended period of time.  

 2   This house has always supported the fire service.  

 3   It's critical that we recognize that these men 

 4   and women who are voluntarily serving this 

 5   community have significant risk and exposure from 

 6   a health standpoint.  They say that firefighters 

 7   are in one of the most dangerous occupations.  

 8   But when we think of occupations, those 

 9   individuals are always compensated for their 

10   service.  Our volunteers in this state are not.  

11                It is critical, ladies and 

12   gentlemen, that we recognize the service these 

13   individuals provide to this community and we 

14   stand in support of them on this measure and 

15   finally, finally pass this legislation in this 

16   state.  

17                When we measure how effective the 

18   fire service is, we always look at a measurement 

19   called response time, how long it takes you to 

20   get to the scene of a call.  Albany's response 

21   time on this cancer bill has been far too slow.

22                I'm voting for this, Mr. President, 

23   and I ask the members to do so also.  Thank you.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Brooks to be recorded in the affirmative.


                                                               4630

 1                Senator Kaminsky to explain his 

 2   vote.

 3                SENATOR KAMINSKY:   Thank you, 

 4   Mr. President.

 5                I'm going to briefly tell you why 

 6   I'm voting in the affirmative for this bill.  We 

 7   have an unwritten compact in our society that 

 8   says when our firefighters have made a commitment 

 9   to leave their families in the middle of the 

10   night -- under any circumstances -- to come 

11   protect ours, we need to be there for them.  

12                I had a relative from another 

13   country, from another hemisphere, come and visit 

14   us a few years ago.  And when he learned in 

15   Long Beach about the volunteer fire department, 

16   he didn't understand.  He said, "I don't get it.  

17   How do you know they're going to come?  You don't 

18   pay them at all."  And I told him, "Oh, you 

19   better bet they come.  They always come." 

20                These are our heroes, and they're 

21   coming down with cancers.  And I've spoken to 

22   actual oncologists about this, that these are 

23   young men getting tumors that have no doubt 

24   resulted from years of exposure to the toxins 

25   that result in furniture and other household 


                                                               4631

 1   goods going up in flames.  

 2                They're there for us; we need to be 

 3   there for them.  Presumptive cancer coverage is 

 4   the right thing to do, and that's why I'm going 

 5   to vote in the affirmative.  This is the year to 

 6   get it passed in New York State.  Let's keep 

 7   moving forward.  I vote in the affirmative.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Kaminsky in the affirmative.

11                Senator Carlucci to explain his 

12   vote.

13                SENATOR CARLUCCI:   Thank you, 

14   Mr. President.

15                I also want to thank the sponsor of 

16   this legislation, and all my colleagues for 

17   supporting this legislation.  

18                Our volunteer firefighters save 

19   property taxpayers around the State of New York 

20   millions and millions of dollars.  They are 

21   always there for us.  They're there to protect 

22   us, our families, no matter what the situation 

23   is.  

24                So this legislation allows us to 

25   protect them, make sure that we have vibrant 


                                                               4632

 1   volunteer fire departments across the state for 

 2   years to come.  So I proudly support this 

 3   legislation and want to thank my colleagues for 

 4   doing the same.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Carlucci to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   104, by Senator Flanagan, Senate Print 3520A, an 

14   act to amend the Education Law.

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   172, by Senator Funke, Senate Print 1121A, an act 

21   to amend the State Technology Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the 90th day.


                                                               4633

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   182, by Senator Serrano, Senate Print 3051A, an 

 9   act to amend the Parks, Recreation and Historic 

10   Preservation Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the first of January.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT GRIFFO:   Can we 

19   have a show of hands again, please.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar 182, those recorded in the negative are 

23   Senators Akshar, Amedore, Croci, DeFrancisco, 

24   Griffo, Helming, Jacobs, Larkin, Marchione, 

25   Murphy, Ortt, Phillips, Ranzenhofer, Ritchie, 


                                                               4634

 1   Serino and Tedisco.  

 2                Ayes, 44.  Nays, 16.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   219, by Senator Murphy, Senate Print 2303B, an 

 7   act to amend the Vehicle and Traffic Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect on the 30th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   224, by Senator Murphy, Senate Print 282, an act 

20   to amend the Real Property Tax Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4635

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   255, by Senator Klein, Senate Print 1783, an act 

 8   to amend the Insurance Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 7.  This 

12   act shall take effect on the 180th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   266, by Senator LaValle, Senate Print 2993, an 

21   act to amend the Environmental Conservation Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4636

 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 266, those recorded in the negative are 

 8   Senators Akshar, Avella, DeFrancisco, Dilan, 

 9   Helming, Hoylman, Krueger, Marchione, Ranzenhofer 

10   and Squadron.

11                Ayes, 50.  Nays, 10.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   276, by Senator Serino, Senate Print 4285A, an 

16   act to amend the Public Health Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4637

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   308, by Senator Croci, Senate Print 2911A, an act 

 4   to amend the Military 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                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   368, by Senator Latimer, Senate Print 1966, an 

17   act to amend the Education 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, 1.  


                                                               4638

 1   Senator Funke recorded in the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   397, by Senator Hoylman, Senate Print 92A, an act 

 6   to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   399, by Senator Boyle, Senate Print 3945A, an act 

19   to amend the Alcoholic Beverage Control Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the 60th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4639

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Hoylman to explain his vote.

 4                SENATOR HOYLMAN:   Thank you, 

 5   Mr. President.  I'll be voting in the negative.  

 6                I appreciate the attention to the 

 7   SLA.  You know, there's an SLA vacancy at the 

 8   moment.  There are only three members of the SLA, 

 9   and there are currently two appointees, one being 

10   vacant.  No members from New York City.  

11                I'm concerned about this bill and 

12   its impact on New York City because it's not 

13   specific enough to determine that what they are 

14   talking about presumably is New Year's Eve, 

15   although the bill draft does not specify 

16   New Year's Eve.  So any night of the year could 

17   in fact apply to this legislation.

18                So I'll be voting in the negative.  

19   Thank you.

20                ACTING PRESIDENT GRIFFO:   Announce 

21   the results.

22                THE SECRETARY:   In relation to 

23   Calendar 399, those recorded in the negative are 

24   Senators Alcantara, Avella, Díaz, Hoylman, 

25   Krueger, Peralta, Persaud, Squadron and Stavisky.  


                                                               4640

 1                Ayes, 51.  Nays, 9.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   417, substituted earlier by Member of the 

 6   Assembly Thiele, Assembly Print 6361, an act to 

 7   amend the Executive Law.

 8                SENATOR GIANARIS:   Lay it aside.

 9                ACTING PRESIDENT GRIFFO:   Lay it 

10   aside.

11                THE SECRETARY:   Calendar Number 

12   429, by Senator Seward, Senate Print 425, an act 

13   to amend the Insurance Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 9.  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, 60.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   430, substituted earlier by Member of the 


                                                               4641

 1   Assembly Cahill, Assembly Print 117A, an act to 

 2   amend the Insurance Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect December 1, 2018.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   485, by Senator Lanza, Senate Print 4328, an act 

15   to repeal.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 5.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Hoylman to explain his vote.

25                SENATOR HOYLMAN:   Thank you, 


                                                               4642

 1   Mr. President.

 2                I'll be voting in the negative 

 3   because I believe that in my district, at least, 

 4   it seems apparent that some landlords and 

 5   developers are using the same architects over and 

 6   over again who are engaged in falsifying 

 7   Department of Buildings permits to say that no 

 8   one might live in a building or that there are no 

 9   rent-regulated tenants when they fill out these 

10   documents submitted to the Department of 

11   Buildings, but in fact in some instances there 

12   are.  

13                In 2016 alone in my district, 

14   13 buildings, comprising 104 apartments, all 

15   previously inhabited, were wrongly marked as 

16   eligible for demolition.  That's 104 affordable 

17   homes that no longer exist for my constituents.  

18   And I'm concerned that this bill is going to take 

19   away the most immediate means of redress 

20   available to New York City for that kind of 

21   genuine and malicious harm.  

22                So I'll be voting in the negative, 

23   because I don't think we should be lessening 

24   penalties.  In fact, we should be increasing them 

25   for falsifying documents sent to the Department 


                                                               4643

 1   of Buildings.  

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Hoylman to be recorded in the negative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 485, those recorded in the negative are 

 8   Senators Alcantara, Avella, Bailey, Comrie, 

 9   Dilan, Gianaris, Hamilton, Hoylman, Krueger, 

10   Montgomery, Parker, Persaud, Rivera, Sanders and 

11   Squadron.  

12                Ayes, 45.  Nays, 15.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   568, by Senator Golden, Senate Print 5484A, an 

17   act to amend the Retirement and Social Security 

18   Law.

19                ACTING PRESIDENT GRIFFO:   There is 

20   a home-rule message present at the desk.

21                The Secretary will read the last 

22   section.

23                THE SECRETARY:   Section 4.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4644

 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   579, by Senator Croci, Senate Print 5305B, an act 

 8   authorizing.

 9                SENATOR GIANARIS:   Lay it aside.

10                ACTING PRESIDENT GRIFFO:   Lay it 

11   aside.

12                THE SECRETARY:   Calendar Number 

13   581, by Senator Amedore, Senate Print 5375, an 

14   act to amend the Real Property Tax Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect on the first of January.

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 


                                                               4645

 1   635, by Senator Klein, Senate Print 5136, an act 

 2   to amend the Education Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 7.  This 

 6   act shall take effect on the 60th day.

 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   637, by Senator LaValle, Senate Print 5567A, 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 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.


                                                               4646

 1                Senator DeFrancisco.  

 2                SENATOR DeFRANCISCO:   Yes, could we 

 3   interrupt the reading of the noncontroversial 

 4   calendar.  Would you recognize Senator Flanagan.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Flanagan.

 7                SENATOR FLANAGAN:   Mr. President, 

 8   thank you.  And I'm going to take the opportunity 

 9   and the liberty on speaking on behalf of all the 

10   members of this great and august body.

11                Sometimes the things we do in life 

12   are not nearly as important as when we do them.  

13   So last week -- I want to thank everybody for 

14   their cooperation, their patience, and their 

15   extraordinarily eloquent and kind words about 

16   Ray Hess.  As they say, who would have thunk that 

17   this would have happened.  

18                Ray -- some higher power decided it 

19   was Ray's time to move on to a better place.  I 

20   don't want to belabor this.  His wake is today, 

21   as everybody knows.  The funeral is tomorrow.  

22                What I would respectfully ask is if 

23   we could all rise and observe a moment of silence 

24   for a life well-lived.

25                ACTING PRESIDENT GRIFFO:   All 


                                                               4647

 1   members please rise as we bow our heads in a 

 2   moment of silent reflection. 

 3                (Whereupon, the assemblage respected 

 4   a moment of silence.)

 5                ACTING PRESIDENT GRIFFO:   May the 

 6   soul of Ray Hess rest in peace.

 7                SENATOR FLANAGAN:   Thank you, 

 8   Mr. President.

 9                SENATOR DeFRANCISCO:    Can we 

10   resume the reading of the noncontroversial 

11   calendar.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   639, by Senator Murphy, Senate Print 965, an act 

16   to amend the Public Officers Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 5.  This 

20   act shall take effect on the 45th day after it 

21   shall have become a law.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

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


                                                               4648

 1   Senator DeFrancisco recorded in the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   642, by Senator Murphy, Senate Print 283, an act 

 6   to amend the Public Health Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of January.

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   647, substituted earlier by Member of the 

19   Assembly Paulin, Assembly Print 1982, an act to 

20   amend the Public Health Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect on the 120th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4649

 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   672, by Senator Seward, Senate Print 696, an act 

 8   to amend the Financial Services Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

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

17   Senators DeFrancisco and Krueger recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   696, substituted earlier by Member of the 

23   Assembly Crespo, Assembly Print 7486A, an act to 

24   amend the Vehicle and Traffic Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4650

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect on the 180th day.

 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   721, substituted earlier by Member of the 

12   Assembly Dinowitz, Assembly Print 7279, an act to 

13   amend the Public Authorities 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   743, by Senator LaValle, Senate Print 1602, an 


                                                               4651

 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 30th day.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

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

10   Senator Serino recorded in the negative.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   In relation to 

14   Calendar 743:  Ayes, 59.  Nays, 2.  Senators 

15   Little and Serino recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   765, by Senator Golden, Senate Print 1615A, an 

20   act to amend the Civil Service 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 


                                                               4652

 1   roll.

 2                (The Secretary called the roll.)

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

 4   Senator DeFrancisco recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   772, by Senator Akshar, Senate Print 5360, an act 

 9   to amend the Civil Service Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the first of March.

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   773, by Senator Squadron, Senate Print 5811A, an 

22   act to amend the Civil Service Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4653

 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 Ortt recorded in the negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   777, by Senator Ritchie, Senate Print 5309A, an 

11   act to amend the Agriculture and Markets Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 16.  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:   Calendar Number 

23   794, by Senator Helming, Senate Print 5251B, an 

24   act to amend the General Municipal Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4654

 1   last section.

 2                THE SECRETARY:   Section 3.  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   834, by Senator Marcellino, Senate Print 4016, an 

12   act to amend the Education 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   846, by Senator LaValle, Senate Print 5133A, an 

25   act to amend the Highway Law.


                                                               4655

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   850, by Senator Phillips, Senate Print 5703, an 

13   act to amend the Vehicle and Traffic Law.

14                ACTING PRESIDENT GRIFFO:   There is 

15   a home-rule message present at the desk.

16                The Secretary will read the last 

17   section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4656

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   Yes, I'm 

 3   sorry to interrupt the reading of the 

 4   noncontroversial calendar, but there will be an 

 5   immediate meeting of the Judiciary Committee in 

 6   Room 123, I believe.  Or 124.  But they're next 

 7   door, I'm sure you could find it.

 8                Thank you.

 9                ACTING PRESIDENT GRIFFO:   There 

10   will be an immediate meeting of the Judiciary 

11   Committee in Rooms 123/124.  Members of the 

12   Judiciary Committee please report to Rooms 

13   123/124 in the Capitol.  

14                The Secretary will continue.

15                THE SECRETARY:   Calendar Number 

16   886, by Senator Lanza, Senate Print 2618, an act 

17   to amend the State Finance 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.


                                                               4657

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   888, by Senator Tedisco, Senate Print 2883A, an 

 5   act to amend the Executive Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 90th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   912, by Senator Amedore, Senate Print 907A, an 

18   act to amend the Penal Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the 90th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4658

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

 2   Senator Montgomery recorded in the negative.  

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   916, by Senator Lanza, Senate Print 2631A, an act 

 7   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 immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

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

16   Senators Hoylman, Montgomery and Parker recorded 

17   in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   927, by Senator Larkin, Senate Print 5722A, 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 


                                                               4659

 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   944, by Senator Klein, Senate Print 1988, an act 

10   to amend the Alcoholic Beverage Control Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the first of January.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

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

19   Senator Kaminsky recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   964, substituted earlier by Member of the 

24   Assembly Paulin, Assembly Print 1112B, an act to 

25   amend the Vehicle and Traffic Law.


                                                               4660

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   976, by Senator Peralta, Senate Print 5754A, an 

13   act to direct.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   982, by Senator Young, Senate Print 6096A, an act 


                                                               4661

 1   to direct.

 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   985, by Senator Robach, Senate Print 1006A, an 

14   act to amend the Correction 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, 60.  Nays, 1.  

23   Senator Montgomery recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4662

 1                THE SECRETARY:   Calendar Number 

 2   1018, by Senator Boyle, Senate Print 642, an act 

 3   to amend the Penal Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect on the 180th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar 1018, those recorded in the negative are 

13   Senators Hamilton, Montgomery, Rivera and 

14   Sanders.

15                Ayes, 57.  Nays, 4.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1026, by Senator Avella, Senate Print 1537, an 

20   act to amend the Penal 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 


                                                               4663

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   In relation to 

 4   Calendar 1026:  Ayes, 58.  Nays, 3.  Senators 

 5   Comrie, Griffo and Sanders recorded in the 

 6   negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1032, by Senator Persaud, Senate Print 5346A, an 

11   act to amend the Penal Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   In relation to 

20   Calendar 1032:  Ayes, 58.  Nays, 3.  Senators 

21   DeFrancisco, Little and Ranzenhofer recorded in 

22   the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4664

 1   1034, substituted earlier by Member of the 

 2   Assembly Paulin, Assembly Print 7198A, an act to 

 3   amend the Penal Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 90th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Latimer to explain his vote.

13                SENATOR LATIMER:   Thank you, 

14   Mr. President.  

15                I rise in support of Senator 

16   Gallivan's bill.  

17                Earlier this year we had a number of 

18   hate crimes that were directed to community 

19   centers that were religiously affiliated, and the 

20   law did not cover that provision in the same way 

21   that it does houses of worship.  I filed a bill, 

22   S5065, to deal with that; Senator Gallivan's bill 

23   covers that as well, which is on the floor today.  

24                It's a necessary step for us to 

25   protect those from this type of outrageous 


                                                               4665

 1   behavior.  So I withdraw my request to speak in 

 2   support of Senator Gallivan's bill.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Latimer 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   1039, substituted earlier by Member of the 

11   Assembly McLaughlin, Assembly Print 2980, an act 

12   to amend the Executive Law.

13                SENATOR DeFRANCISCO:   Lay that bill 

14   aside for the day, please.

15                ACTING PRESIDENT GRIFFO:   Lay the 

16   bill aside for the day.

17                THE SECRETARY:   Calendar Number 

18   1055, substituted earlier by Member of the 

19   Assembly Fitzpatrick, Assembly Print 7100, an act 

20   in relation to.

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 


                                                               4666

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Krueger to explain her vote.

 5                SENATOR KRUEGER:   Thank you, 

 6   Mr. President.

 7                I have a history of voting against 

 8   bills like this which provide, through 

 9   legislative authority, a QEZE tax credit for 

10   businesses who are not approved to receive these 

11   through the Empire Zone program or the Tax and 

12   Finance Department.

13                I don't think when we create a 

14   program with rules attached, we should then 

15   insert ourselves to make exceptions to the rules 

16   of that program for individual businesses.

17                I vote no, Mr. President.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Krueger to be recorded in the negative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar 1055, those recorded in the negative are 

23   Senators Krueger, Rivera, Sanders and Squadron.

24                Ayes, 57.  Nays, 4.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4667

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1093, by Senator Ranzenhofer, Senate Print 4626, 

 4   an act creating.

 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                THE SECRETARY:   Ayes, 61.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1095, by Senator Jacobs, Senate Print 5943, an 

17   act to amend Chapter 595 of the Laws of 2007.

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.


                                                               4668

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1100, by Senator Helming, Senate Print 2568, an 

 5   act to amend the Real Property Tax Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the first of January.

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   1113, by Senator LaValle, Senate Print 5776A --

18                SENATOR DeFRANCISCO:   Lay it aside 

19   for the day, please. 

20                ACTING PRESIDENT GRIFFO:   Lay it 

21   aside for the day.

22                THE SECRETARY:   Calendar Number 

23   1116, by Senator Hannon, Senate Print 5939A, an 

24   act to authorize.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4669

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   In relation to 

 8   Calendar 1116, those recorded in the negative are 

 9   Senators Akshar, Larkin, Ortt and Ranzenhofer.

10                Ayes, 57.  Nays, 4.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1137, substituted earlier by Member of the 

15   Assembly Weinstein, Assembly Print 8127, an act 

16   to amend the Judiciary Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4670

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1152, substituted earlier by Member of the 

 4   Assembly Lupardo, Assembly Print 7727A, an act to 

 5   amend the Social Services Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1156, substituted earlier by Member of the 

18   Assembly Buchwald, Assembly Print 7635A, an act 

19   to amend the Public Health Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the 120th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4671

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Murphy to explain his vote.

 4                SENATOR MURPHY:   Yes, thank you, 

 5   Mr. President.  

 6                I would just like to thank my 

 7   colleagues.  As the father of a daughter who's 

 8   got a severe peanut allergy, this is a life or 

 9   death situation, being able to allow bus drivers 

10   to administer an EpiPen in the case of, God 

11   forbid -- sometimes these kids are on the bus 

12   from a half hour up to an hour to get home, and 

13   they open up their lunch boxes and they break out 

14   some of the food, whether it's a peanut or 

15   whether it's something that could be airborne.  

16                This is a life or death situation in 

17   some cases.  I would just like to thank my 

18   colleagues for supporting this legislation.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Murphy to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4672

 1                THE SECRETARY:   Calendar Number 

 2   1159, by Senator Hannon, Senate Print 6054, an 

 3   act to amend the Social Services Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1160, by Senator Valesky, Senate Print 6078, an 

16   act to amend the Public Health Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

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

25   Senator Funke recorded in the negative.


                                                               4673

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1162, by Senator Hannon, Senate Print 6319, 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 April 1, 2018.

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   1163, substituted earlier by Member of the 

18   Assembly Gottfried, Assembly Print 7846, an act 

19   to amend the Public Health 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.


                                                               4674

 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   1164, by Senator Hannon, Senate Print 6358, an 

 7   act to amend the Public Health Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1176, by Senator Gallivan, Senate Print 5273A, an 

20   act to amend the Education Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the first of July.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4675

 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   1181, by Senator Stewart-Cousins, Senate Print 

 8   1756, an act to amend the Tax Law.

 9                SENATOR GIANARIS:   Lay the bill 

10   aside temporarily.

11                ACTING PRESIDENT GRIFFO:   Lay the 

12   bill aside temporarily.

13                THE SECRETARY:   Calendar Number 

14   1268, by Senator Murphy, Senate Print 4244A, an 

15   act to amend the Executive Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4676

 1                THE SECRETARY:   Calendar Number 

 2   1270, by Senator Bonacic, Senate Print 4287A, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1281, by Senator Ortt, Senate Print 5531, an act 

16   authorizing.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.  

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4677

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1287, by Senator Lanza, Senate Print 2604, an act 

 4   to amend the Not-For-Profit Corporation Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  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   1296, by Senator Ritchie, Senate Print 5303, an 

17   act to amend the Public Authorities 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.


                                                               4678

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1301, by Senator Seward, Senate Print 424, an act 

 5   to amend the Penal Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 5.  This 

 9   act shall take effect on the first of November.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   In relation to 

14   Calendar 1301, those recorded in the negative are 

15   Senators Krueger, Parker, Persaud, Rivera and 

16   Squadron.

17                Ayes, 56.  Nays, 5.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1316, substituted earlier by Member of the 

22   Assembly Buchwald, Assembly Print 7442, an act to 

23   amend the Criminal Procedure Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4679

 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   1318, by Senator Lanza, Senate Print 6200, an act 

11   to amend the Criminal Procedure Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the first of November.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1326, by Senator Boyle, Senate Print 2944, an act 

24   to authorize.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4680

 1   last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1339, by Senator Golden, Senate Print 5686, an 

12   act to authorize.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

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

21   Senator DeFrancisco recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1367, by Senator Croci, Senate Print 416, an act 


                                                               4681

 1   to amend the Vehicle and Traffic Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 5.  This 

 5   act shall take effect on the 120th day.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar 1367, those recorded in the negative are 

13   Senators Alcantara, Benjamin, Carlucci, Comrie, 

14   Gianaris, Hamilton, Krueger, Latimer, Parker, 

15   Peralta, Persaud, Rivera, Sanders, Squadron, and 

16   Stewart-Cousins.  

17                Ayes, 46.  Nays, 15.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1380, by Senator Young, Senate Print 870A, an act 

22   to amend the Civil Rights Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4682

 1   act shall take effect on the 30th day.

 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   1419, by Senator Marcellino, Senate Print 2418, 

11   an act to amend the Civil Rights 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   1425, by Senator LaValle, Senate Print 2547, an 

24   act to amend the Education Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4683

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT GRIFFO:   Announce 

 8   the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 1425, those recorded in the negative are 

11   Senators Addabbo, Benjamin, Brooks, Comrie, Díaz, 

12   Gianaris, Krueger, Latimer, Montgomery, Parker, 

13   Peralta, Persaud, Rivera, Sanders, and Squadron.  

14                Ayes, 46.  Nays, 15.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1430, by Senator LaValle, Senate Print 2625, an 

19   act to amend the Education Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the 90th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4684

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 1430, those recorded in the negative are 

 6   Senators Addabbo, Alcantara, Benjamin, Brooks, 

 7   Comrie, Gianaris, Hamilton, Kennedy, Krueger, 

 8   Latimer, Parker, Peralta, Persaud, Rivera, 

 9   Sanders, Squadron and Stewart-Cousins.  

10                Ayes, 44.  Nays, 17.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1437, by Senator Ritchie, Senate Print 3012, an 

15   act to amend the Penal Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4685

 1                THE SECRETARY:   Calendar Number 

 2   1450, by Senator Lanza, Senate Print 3542, an act 

 3   to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 60th 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   1456, by Senator Young, Senate Print 3949, an act 

16   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 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 


                                                               4686

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1461, by Senator Lanza, Senate Print 4064, an act 

 4   to amend the Highway Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 8.  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   1462, by Senator Ritchie, Senate Print 4077A, an 

17   act to amend the Retirement and Social Security 

18   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.)


                                                               4687

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1470, by Senator Stewart-Cousins, Senate Print 

 6   4418A, an act to amend Chapter 329 of the Laws of 

 7   2015.

 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 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   1484, substituted earlier by Member of the 

22   Assembly Skoufis, Assembly Print 1571B, an act to 

23   amend the Vehicle and Traffic Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4688

 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   1497, by Senator Seward, Senate Print 6020B, an 

11   act to amend the Highway 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   1500, by Senator Lanza, Senate Print 6233, an act 

24   to amend the Vehicle and Traffic Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4689

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the first of April.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Latimer to explain his vote.

 9                SENATOR LATIMER:   Thank you, 

10   Mr. President.  

11                This is a particularly excellent 

12   bill suggested by Senator Lanza.  We have passed 

13   this unanimously in the past.  But the program is 

14   really worth focusing on, because it is an 

15   appropriate expansion of services to seniors in 

16   this state.  

17                So I retract my request, vote in the 

18   affirmative, and urge that not only this be 

19   something that the Senate passes, but something 

20   that we could actually enact within the State of 

21   New York.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Latimer to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   Ayes, 61.


                                                               4690

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1504, by Senator Flanagan, Senate Print 6549A, an 

 5   act to amend the Highway Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the 30th 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   1546, by Senator Savino, Senate Print 3981A, 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 91st day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4691

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1550, by Senator Avella, Senate Print 4833A, an 

 6   act to amend the Social Services 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   1574, by Senator Marcellino, Senate Print 6470B, 

19   an act to amend the Navigation 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.


                                                               4692

 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   1624, by Senator Griffo, Senate Print 3156, an 

 7   act to amend the Environmental Conservation Law.

 8                SENATOR GIANARIS:   Lay it aside.

 9                ACTING PRESIDENT GRIFFO:   Lay it 

10   aside.

11                THE SECRETARY:   Calendar Number 

12   1636, substituted earlier by Member of the 

13   Assembly Nolan, Assembly Print 6053A, an act to 

14   amend the Education Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 6.  This 

18   act shall take effect on the first of July.

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 


                                                               4693

 1   1654, by Senator Seward, Senate Print 5890A, an 

 2   act to amend Chapter 440 of the Laws of 2012.

 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, 60.  Nays, 1.  

11   Senator Krueger recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1671, by Senator Jacobs, Senate Print 6509A, an 

16   act to amend the Mental Hygiene Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4694

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1687, substituted earlier by Member of the 

 4   Assembly Gottfried, Assembly Print 2702, an act 

 5   to amend the Social Services 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   1695, by Senator Tedisco, Senate Print 1355B, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4695

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1734, by Senator Young, Senate Print 6387A, an 

 6   act to authorize.

 7                SENATOR DeFRANCISCO:   Lay it aside 

 8   for the day, please. 

 9                ACTING PRESIDENT GRIFFO:   Lay it 

10   aside for the day.

11                THE SECRETARY:   Calendar Number 

12   1742, by Senator O'Mara, Senate Print 6496A, an 

13   act to amend the Insurance Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect January 1, 2018.

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   1747, by Senator Murphy, Senate Print 6546A, an 


                                                               4696

 1   act to amend the Public Officers 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   1787, by Senator LaValle, Senate Print --

14                SENATOR DeFRANCISCO:   Lay it aside 

15   for the day, please. 

16                ACTING PRESIDENT GRIFFO:   Lay it 

17   aside for the day.

18                THE SECRETARY:   Calendar Number 

19   1815, by Senator Flanagan, Senate Print 6479A, an 

20   act in relation to authorizing.

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 


                                                               4697

 1   roll.

 2                (The Secretary called the roll.)

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

 4   Senator Akshar recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1817, by Senator Little, Senate Print 6542A, an 

 9   act to amend the Civil Service Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 292.  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                Senator DeFrancisco, that completes 

21   the noncontroversial reading of today's active 

22   list before the house.

23                SENATOR DeFRANCISCO:   Okay, can we 

24   now go back to -- on the controversial reading, 

25   take up Calendar 1624, Senate Bill 3156, please.


                                                               4698

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will ring the bell.  

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1624, by Senator Griffo, Senate Print 3156, an 

 6   act to amend the Environmental Conservation Law.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Krueger.

 9                SENATOR KRUEGER:   On the bill, 

10   Mr. President.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Krueger on the bill.

13                SENATOR KRUEGER:   We haven't seen a 

14   variation on this bill in a while.  But I have 

15   debated, in earlier years, bills that allowed for 

16   hunting of large game by children as young as 

17   12 years old.  That would mean bear hunting, deer 

18   hunting, other large wild game.  It would mean 

19   using crossbows, rifles, other assorted guns in 

20   the woods as long as you are, quote, unquote, 

21   accompanied by a parent.

22                It's my dilemma.  It's not that I'm 

23   anti-hunting, but I am pro-child welfare.  And 

24   very simply, a 12-year-old up against a bear?  A 

25   better chance the bear wins the fight than the 


                                                               4699

 1   child.

 2                A 12-year-old, male or female, is 

 3   statistically unlikely to have completed puberty.  

 4   That means they're still particularly -- young 

 5   men age 12, 13, 14, 15, before puberty, are quite 

 6   small compared to the size they will become 

 7   post-puberty.  They have much less body strength 

 8   than they will have later post-puberty.  Their 

 9   hormones are likely raging, which always gives 

10   question to good judgment, for any people who 

11   have dealt with prepubescent youth and teenagers 

12   going through puberty.

13                And frankly, putting them in the 

14   woods with dangerous weapons, even if a parent is 

15   nearby, does not assure me that they won't harm 

16   themselves or others.  

17                I'm actually concerned that we have 

18   it as young as 14.  But I think it's a huge 

19   mistake to take the leap to allow hunting large 

20   game with dangerous weapons starting at age 12.  

21   This bill would allow 12- and 13-year-olds to 

22   participate in these activities.  

23                There are so many wonderful sports 

24   and other activities that parents can participate 

25   in with their young children.  Surely they can 


                                                               4700

 1   enjoy other sports, including other outdoor 

 2   sports, prior to the age of 14.  Let's not have 

 3   our children hunting large game with crossbows 

 4   and guns.  

 5                I vote no, Mr. President.  Thank 

 6   you.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Krueger.

 9                Senator Gianaris.

10                SENATOR GIANARIS:   Thank you, 

11   Mr. President.

12                On the bill as well, briefly.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Gianaris on the bill.

15                SENATOR GIANARIS:   Thank you.  

16                I just want to point out what I view 

17   as the rank hypocrisy of the majority on this 

18   bill.  I think it was last week that we passed a 

19   bill to prohibit minors from having machetes.  

20   And yet today we're making it easier for 

21   12-year-olds to have rifles and crossbows and 

22   longbows.  

23                So I wish the majority would figure 

24   out what direction they want to go in on these 

25   things.  Do we want to prevent minors from having 


                                                               4701

 1   weapons that can kill and do damage, or do we 

 2   want to allow them to do it?  I supported the 

 3   bill to restrict the use and possession of 

 4   machetes, and I will be opposing this bill so 

 5   that I can be consistent in my votes.  

 6                Thank you.

 7                ACTING PRESIDENT GRIFFO:   Hearing 

 8   and seeing no other Senator that wishes to be 

 9   heard, debate is closed and the Secretary will 

10   ring the bell.  

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:   By unanimous 

13   consent, we're going to take the vote as if it 

14   was a noncontroversial reading.

15                ACTING PRESIDENT GRIFFO:   We will 

16   restore the bill to noncontroversial reading.  

17   Without objection, it is so ordered.  The bill 

18   before the house is noncontroversial.  

19                Read the last section.

20                THE SECRETARY:   Section 7.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4702

 1   DeFrancisco to explain his vote.

 2                SENATOR DeFRANCISCO:   Yes.  This 

 3   bill is perfectly consistent with our positions 

 4   in the past.  And maybe the difficulty in 

 5   somebody attempting to find that this was 

 6   inconsistent is that people in different areas of 

 7   the state do different things.

 8                And in upstate York, in Central 

 9   New York, in Western New York, in the 

10   Hudson Valley, people actually have a tradition 

11   in their family of hunting.  And the families 

12   want to pass that art around to their children, 

13   and the joy of outdoor life with those children.  

14                So this is not inconsistent with any 

15   prior bill.  It's a philosophy that maybe the 

16   people who should make decisions about those 

17   children should be their parents.  And those 

18   parents -- this simply allows for hunting by 

19   these children, but obviously their parents have 

20   more to say about it than the State of New York.

21                So I vote aye on this piece of 

22   legislation.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   DeFrancisco in the affirmative.

25                Senator Akshar to explain his vote.


                                                               4703

 1                SENATOR AKSHAR:   If I could just 

 2   offer just a quick remark to echo Senator 

 3   DeFrancisco.  

 4                I'm not entirely sure what was 

 5   hypocritical about the machete thing.  Young 

 6   people, young gang members are using machetes to 

 7   cut people up.  That's why we took action on that 

 8   particular bill.

 9                Another thought.  I don't know if 

10   anybody in Queens or Manhattan has ever seen a 

11   black bear or a deer.  They're more scared of you 

12   than you are of them.  And I don't think a black 

13   bear is going to attack a young person.  

14                It was said that weapons, hunting is 

15   dangerous.  There's nothing dangerous about these 

16   weapons, nothing dangerous about hunting, so long 

17   as people are properly trained.

18                And I would respectfully offer that 

19   we should be encouraging our youth to enjoy the 

20   outdoors, to enjoy hunting.  

21                Mr. President, I vote yes.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Akshar to be recorded in the affirmative.

24                Senator Gianaris to explain his 

25   vote.


                                                               4704

 1                SENATOR GIANARIS:   Thank you, 

 2   Mr. President.  

 3                I'm continuing to oppose this 

 4   legislation; no offense to the sponsor of it.  

 5   But I do want to point out that I heard the 

 6   argument one of my colleagues made that the 

 7   purpose of a machete is to do damage to people.  

 8   Well, we've had many debates in this chamber -- 

 9   and frankly not enough, in my opinion -- where 

10   I've heard members of the majority talk about the 

11   need for weapons whose sole purpose and function 

12   is to kill as many people as possible, and how 

13   they oppose regulating them.  

14                So I don't need to hear about the 

15   fact that certain weapons that you're okay with 

16   restricting are meant to only do damage -- are 

17   used only to do damage to people, because there 

18   are plenty of firearms for which the same 

19   argument can be made.  And yet we keep meeting 

20   resistance on that side of the aisle when we try 

21   and regulate them.  

22                I vote no, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Gianaris to be recorded in the negative.

25                Announce the results.


                                                               4705

 1                THE SECRETARY:   In relation to 

 2   Calendar 1624, those recorded in the negative are 

 3   Senators Comrie, Gianaris, Krueger, LaValle, 

 4   Marcellino, Parker and Rivera.

 5                Ayes, 54.  Nays, 7.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, can we 

10   now call up Calendar Number 417 that was laid 

11   aside.  It's a Croci bill.  Could you lay that 

12   aside for the day, please.

13                ACTING PRESIDENT GRIFFO:   Calendar 

14   417, by Senator Croci, is laid aside for the day.

15                SENATOR DeFRANCISCO:   In view of 

16   the people that are out in committee meetings and 

17   they can't debate the last bill or so, we're 

18   going to have an immediate meeting of the 

19   Republican Conference in Room 332.  The estimate 

20   of time would be approximately one hour.  

21                Hopefully the Judiciary Committee 

22   will be done by then and we can call other 

23   committee meetings and complete the calendars 

24   that's on the noncontroversial reading at the 

25   present time.


                                                               4706

 1                ACTING PRESIDENT GRIFFO:   So there 

 2   will be an immediate meeting of the Senate 

 3   Republican Conference in Room 332.  The Senate 

 4   will stand at ease for approximately an hour.

 5                (Whereupon, the Senate stood at ease 

 6   at 12:40 p.m.)

 7                (Whereupon, the Senate reconvened at 

 8   2:19 p.m.)

 9                ACTING PRESIDENT GRIFFO:   The 

10   Senate will return to order.

11                Senator DeFrancisco.  

12                SENATOR DeFRANCISCO:   I'd like to 

13   call an immediate meeting of the Rules Committee 

14   in Room 332.

15                ACTING PRESIDENT GRIFFO:   There is 

16   an immediate meeting of the Rules Committee in 

17   Room 332, immediate meeting of the Rules 

18   Committee in Room 332.

19                SENATOR DeFRANCISCO:   And those of 

20   you who have asked me how long are we going to be 

21   here tonight, my answer is it's all on you as to 

22   when you decide to show up for Rules and be 

23   present in chambers.

24                So immediate meeting of the Rules 

25   Committee.


                                                               4707

 1                ACTING PRESIDENT GRIFFO:   The Rules 

 2   Committee is meeting immediately in Room 332.  

 3                At the request of the Floor Leader, 

 4   again, we want to remind everyone this is a very 

 5   busy day.  We would request that you remain close 

 6   to the chamber or please indicate to the 

 7   respective floor leaders where you may be so you 

 8   can be found if necessary.

 9                The Senate will stand temporarily at 

10   ease.

11                (Whereupon, the Senate stood at ease 

12   at 2:21 p.m.)

13                (Whereupon, the Senate reconvened at 

14   3:06 p.m.)

15                ACTING PRESIDENT GRIFFO:   The 

16   Senate will return to order.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, is there 

19   a report of the Rules Committee at the desk?  

20                ACTING PRESIDENT GRIFFO:   There is 

21   a report of the Rules Committee at the desk.

22                The Secretary will read.

23                THE SECRETARY:   Senator Flanagan, 

24   from the Committee on Rules, reports the 

25   following bills:  


                                                               4708

 1                Senate Print 198, by Senator 

 2   Marchione, an act to amend the Military Law; 

 3                Senate 215, by Senator Marchione, an 

 4   act to amend the Correction Law;

 5                Senate 317, by Senator Peralta, an 

 6   act to amend the Tax Law; 

 7                Senate 419, by Senator Golden, an 

 8   act to amend the Public Authorities Law; 

 9                Senate 449, by Senator Young, an act 

10   to amend the Executive Law; 

11                Senate 509, by Senator Díaz, an act 

12   to amend the Elder Law; 

13                Senate 511, by Senator Díaz, an act 

14   to amend the State Finance Law; 

15                Senate 520, by Senator Young, an act 

16   to amend the Public Health Law; 

17                Senate 524, by Senator Young, an act 

18   to amend the Environmental Conservation Law; 

19                Senate 539, by Senator Young, an act 

20   to amend the Social Services Law; 

21                Senate 640, by Senator Boyle, an act 

22   to amend the Criminal Procedure Law; 

23                Senate 817A, by Senator Funke, an 

24   act to amend the Urban Development Corporation 

25   Act; 


                                                               4709

 1                Senate 885, by Senator Golden, an 

 2   act to amend the Education Law; 

 3                Senate 1113, by Senator Akshar, an 

 4   act to amend the Mental Hygiene Law; 

 5                Senate 1170A, by Senator Carlucci, 

 6   an act to amend the Social Services Law; 

 7                Senate 1187, by Senator Marcellino, 

 8   an act to amend the Vehicle and Traffic Law; 

 9                Senate 1236, by Senator Valesky, an 

10   act to amend the General Business Law; 

11                Senate 1349B, by Senator Alcantara, 

12   an act to amend the Public Housing Law;

13                Senate 1435, by Senator Ritchie, an 

14   act to amend the Soil and Water Conservation 

15   Districts Law; 

16                Senate 1456A, by Senator Avella, an 

17   act to amend the General City Law; 

18                Senate 1676, by Senator Little, an 

19   act to amend the Arts and Cultural Affairs Law; 

20                Senate 1840, by Senator Kennedy, an 

21   act to amend the Social Services Law; 

22                Senate 1877, by Senator Avella, an 

23   act to amend the Education Law; 

24                Senate 1973, by Senator Avella, an 

25   act to amend the Penal Law; 


                                                               4710

 1                Senate 2105, by Senator Felder, an 

 2   act to direct; 

 3                Senate 2120, by Senator O'Mara, an 

 4   act to amend the Tax Law; 

 5                Senate 2477, by Senator Gianaris, an 

 6   act to amend the Correction Law; 

 7                Senate 2533, by Senator Golden, an 

 8   act to amend the Penal Law; 

 9                Senate 2608B, by Senator Little, an 

10   act to amend the Environmental Conservation Law; 

11                Senate 2640, by Senator Lanza, an 

12   act to amend the Navigation Law; 

13                Senate 2819, by Senator Lanza, an 

14   act to amend the Executive Law; 

15                Senate 2884, by Senator Tedisco, an 

16   act to amend the Tax Law; 

17                Senate 2999A, by Senator LaValle, an 

18   act to amend the Economic Development Law; 

19                Senate 3059, by Senator Addabbo, an 

20   act to amend the Tax Law; 

21                Senate 3223, by Senator Felder, an 

22   act to authorize; 

23                Senate 3498, by Senator Bailey, an 

24   act to amend the Correction Law; 

25                Senate 3755, by Senator Savino, an 


                                                               4711

 1   act to amend the Banking Law; 

 2                Senate 3762B, by Senator Griffo, an 

 3   act to amend the Workers' Compensation Law;

 4                Senate 3813, by Senator Sanders, an 

 5   act to amend the Education Law; 

 6                Senate 4010A, by Senator Seward, an 

 7   act to amend the Insurance Law; 

 8                Senate 4090B, by Senator Akshar, an 

 9   act to amend the Tax Law; 

10                Senate 4091, by Senator Sanders, an 

11   act to amend the Public Authorities Law; 

12                Senate 4207, by Senator Dilan, an 

13   act to authorize; 

14                Senate 4268, by Senator Savino, an 

15   act to amend the Public Health Law; 

16                Senate 4298, by Senator Carlucci, an 

17   act to amend the Penal Law; 

18                Senate 4427A, by Senator Kennedy, an 

19   act in relation to deeming; 

20                Senate 4589, by Senator Ritchie, an 

21   act to amend the Public Health Law; 

22                Senate 4616, by Senator Griffo, an 

23   act to amend the Education Law; 

24                Senate 4991A, by Senator Helming, an 

25   act to amend the Public Health Law; 


                                                               4712

 1                Senate 5081, by Senator Lanza, an 

 2   act in relation to; 

 3                Senate 5131A, by Senator Robach, an 

 4   act to amend the Education Law; 

 5                Senate 5190, by Senator Griffo, an 

 6   act to amend the Public Service Law; 

 7                Senate 5353, by Senator Funke, an 

 8   act to amend the General Obligations Law; 

 9                Senate 5386, by Senator Murphy, an 

10   act to amend the Correction Law; 

11                Senate 5453, by Senator Ortt, an act 

12   to amend the Retirement and Social Security Law; 

13                Senate 5460, by Senator Parker, an 

14   act to amend the Public Authorities Law; 

15                Senate 5487A, by Senator Serino, an 

16   act to amend the Education Law; 

17                Senate 5522A, by Senator Avella, an 

18   act to amend the Election Law; 

19                Senate 5551, by Senator Latimer, an 

20   act to authorize; 

21                Senate 5659A, by Senator Gallivan, 

22   an act to amend the Real Property Tax Law; 

23                Senate 5772, by Senator DeFrancisco, 

24   an act to amend the General Municipal Law; 

25                Senate 5788, by Senator Klein, an 


                                                               4713

 1   act to amend the Public Housing Law; 

 2                Senate 5850, by Senator Bonacic, an 

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

 4   Breeding Law; 

 5                Senate 5872, by the Senate Committee 

 6   on Rules, an act to authorize; 

 7                Senate 5891, by Senator Klein, an 

 8   act to amend the Education Law; 

 9                Senate 5924, by Senator LaValle, an 

10   act to amend Chapter 378 of the Laws of 2014; 

11                Senate 5936A, by Senator Funke, an 

12   act to amend the Education Law; 

13                Senate 5950, by Senator Akshar, an 

14   act to amend Chapter 413 of the Laws of 2003; 

15                Senate 5951A, by Senator Akshar, an 

16   act to legalize, validate, ratify and confirm; 

17                Senate 5962, by Senator Murphy, an 

18   act to amend Chapter 297 of the Laws of 2016; 

19                Senate 5984, by Senator Seward, an 

20   act to amend Chapter 560 of the Laws of 1998; 

21                Senate 6007, by Senator Ranzenhofer, 

22   an act to amend the Public Authorities Law; 

23                Senate 6025, by Senator Helming, an 

24   act to amend the Environmental Conservation Law; 

25                Senate 6086, by Senator Serino, an 


                                                               4714

 1   act to amend the Election Law; 

 2                Senate 6107A, by Senator Seward, an 

 3   act to amend the Environmental Conservation Law; 

 4                Senate 6113, by Senator Felder, an 

 5   act to amend the Administrative Code of the City 

 6   of New York; 

 7                Senate 6140A, by Senator Golden, an 

 8   act to amend the Retirement and Social Security 

 9   Law; 

10                Senate 6157B, by Senator LaValle, an 

11   act to amend the Environmental Conservation Law; 

12                Senate 6160, by Senator Parker, an 

13   act to authorize; 

14                Senate 6195A, by Senator O'Mara, an 

15   act to amend the Environmental Conservation Law; 

16                Senate 6273, by Senator Felder, an 

17   act to amend the Education Law; 

18                Senate 6291, by Senator Lanza, an 

19   act to amend the Penal Law; 

20                Senate 6302, by Senator Lanza, an 

21   act to enact;

22                Senate 6338A, by Senator Griffo, an 

23   act alienating; 

24                Senate 6362A, by Senator 

25   DeFrancisco, an act to amend the Executive Law; 


                                                               4715

 1                Senate 6411, by Senator Marchione, 

 2   an act in relation to;

 3                Senate 6420, by Senator Phillips, an 

 4   act to amend the Public Officers Law; 

 5                Senate 6517, by Senator Croci, an 

 6   act to amend the Education Law; 

 7                Senate 6545A, by Senator Flanagan, 

 8   an act in relation to authorizing; 

 9                Senate 6607B, by Senator Griffo, an 

10   act to amend the Education Law; 

11                Senate 6612A, by Senator Seward, an 

12   act to amend the Insurance Law; 

13                Senate 6613, by Senator Croci, an 

14   act to amend the New York State Urban Development 

15   Corporation Act; 

16                Senate 6635, by Senator Ritchie, an 

17   act to allow; 

18                Senate 6638, by Senator Helming, an 

19   act to amend the Workers' Compensation Law; 

20                Senate 6656, by Senator Hannon, an 

21   act to amend the Public Health Law; 

22                Senate 6681, by Senator Valesky, an 

23   act to amend the Elder Law; 

24                Senate 6682, by Senator LaValle, an 

25   act to amend the Environmental Conservation Law; 


                                                               4716

 1                Senate 6684, by Senator Akshar, an 

 2   act to amend the Criminal Procedure Law; 

 3                Senate 6689, by Senator Amedore, an 

 4   act to amend the Social Services Law; 

 5                Senate 6690, by Senator Amedore, an 

 6   act to amend the Highway Law; 

 7                Senate 6702, by Senator Bailey, an 

 8   act to amend the State Technology Law; 

 9                Senate 6710A, by Senator Little, an 

10   act to amend the Public Health Law; 

11                And Senate 6768, by Senator 

12   Flanagan, an act to amend the Education Law.

13                All bills reported direct to third 

14   reading.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   Move to 

18   accept the report of the Rules Committee.

19                ACTING PRESIDENT GRIFFO:   All in 

20   favor of accepting the Committee on Rules report 

21   signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT GRIFFO:   Opposed?  

24                (No response.)

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4717

 1   Committee on Rules report is accepted and before 

 2   the house.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Can we now 

 5   return to messages from the Assembly.

 6                ACTING PRESIDENT GRIFFO:   Messages 

 7   from the Assembly.

 8                The Secretary will read.

 9                THE SECRETARY:   Senator Carlucci 

10   moves to discharge, from the Committee on Rules, 

11   Assembly Bill Number 474A and substitute it for 

12   the identical Senate Bill 1170A, Third Reading 

13   Calendar 1849.

14                ACTING PRESIDENT GRIFFO:   The 

15   substitution is so ordered.

16                THE SECRETARY:   Senator Griffo 

17   moves to discharge, from the Committee on Rules, 

18   Assembly Bill Number 2859B and substitute it for 

19   the identical Senate Bill 3762B, Third Reading 

20   Calendar 1872.

21                Senator Kennedy moves to discharge, 

22   from the Committee on Rules, Assembly Bill Number 

23   4711A and substitute it for the identical Senate 

24   Bill 4427A, Third Reading Calendar 1880.

25                Senator Griffo moves to discharge, 


                                                               4718

 1   from the Committee on Energy and 

 2   Telecommunications, Assembly Bill Number 6571 and 

 3   substitute it for the identical Senate Bill 5190, 

 4   Third Reading Calendar 1887.

 5                Senator Serino moves to discharge, 

 6   from the Committee on Rules, Assembly Bill Number 

 7   7184A and substitute it for the identical Senate 

 8   Bill 5487A, Third Reading Calendar 1892.

 9                Senator Gallivan moves to discharge, 

10   from the Committee on Rules, Assembly Bill Number 

11   6510A and substitute it for the identical Senate 

12   Bill 5659A, Third Reading Calendar 1895.

13                Senator Klein moves to discharge, 

14   from the Committee on Rules, Assembly Bill Number 

15   7697 and substitute it for the identical Senate 

16   Bill 5891, Third Reading Calendar 1900.

17                Senator Funke moves to discharge, 

18   from the Committee on Rules, Assembly Bill Number 

19   7729 and substitute it for the identical Senate 

20   Bill 5936A, Third Reading Calendar 1902.

21                Senator Akshar moves to discharge, 

22   from the Committee on Rules, Assembly Bill Number 

23   4393 and substitute it for the identical Senate 

24   Bill 5950, Third Reading Calendar 1903.

25                Senator Ranzenhofer moves to 


                                                               4719

 1   discharge, from the Committee on Corporations and 

 2   Authorities, Assembly Bill Number 7285 and 

 3   substitute it for the identical Senate Bill 6007, 

 4   Third Reading Calendar 1907.

 5                Senator Helming moves to discharge, 

 6   from the Committee on Rules, Assembly Bill Number 

 7   7766 and substitute it for the identical Senate 

 8   Bill 6025, Third Reading Calendar 1908.

 9                Senator Serino moves to discharge, 

10   from the Committee on Rules, Assembly Bill Number 

11   8086 and substitute it for the identical Senate 

12   Bill 6086, Third Reading Calendar 1909.

13                Senator Valesky moves to discharge, 

14   from the Committee on Rules, Assembly Bill Number 

15   7796 and substitute it for the identical Senate 

16   Bill 6681, Third Reading Calendar 1931.

17                And Senator Bailey moves to 

18   discharge, from the Committee on Rules, 

19   Assembly Bill Number 6658 and substitute it for 

20   the identical Senate Bill 6702, Third Reading 

21   Calendar 1936.

22                ACTING PRESIDENT GRIFFO:   The 

23   substitutions are all so ordered.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   Can we go 


                                                               4720

 1   back to motions and resolutions.

 2                ACTING PRESIDENT GRIFFO:   We will 

 3   return to motions and resolutions.

 4                SENATOR DeFRANCISCO:   On page 42, I 

 5   offer the following amendments to Calendar 1113, 

 6   Senate Print 5776A, by Senator LaValle, and ask 

 7   that said bill retain its place on the Third 

 8   Reading Calendar.

 9                ACTING PRESIDENT GRIFFO:   The 

10   amendments are received, and the bill shall 

11   retain its place on third reading.

12                SENATOR DeFRANCISCO:   I now move 

13   that the following bill -- namely, 6587, by 

14   Senator Marchione -- be discharged from its 

15   respective committee and be recommitted with 

16   instructions to strike the enacting clause.

17                ACTING PRESIDENT GRIFFO:   It is so 

18   ordered.

19                SENATOR DeFRANCISCO:   Could you 

20   call on Senator Gianaris, please.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Gianaris.

23                SENATOR GIANARIS:   Thank you, 

24   Mr. President.

25                On behalf of Senator Dilan, I move 


                                                               4721

 1   the following bill be discharged from its 

 2   respective committee and recommitted with 

 3   instructions to strike the enacting clause:  

 4   Senate Bill 4239.

 5                ACTING PRESIDENT GRIFFO:   It is so 

 6   ordered.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Now if we can 

 9   go back to the original active list, two bills 

10   were laid aside:  Calendar 579, Senate Print 

11   5305B, by Senator Croci; and Calendar 1181, the 

12   bill is S1756, by Senator Stewart-Cousins.

13                By unanimous consent, we'd like to 

14   deal with those on the noncontroversial calendar.

15                ACTING PRESIDENT GRIFFO:   Without 

16   objection, upon the motion, it is so ordered.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   579, by Senator Croci, Senate Print 5305B, an act 

20   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 6.  This 


                                                               4722

 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 579:  Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.  

 9                THE SECRETARY:   Calendar Number 

10   1181, by Senator Stewart-Cousins, Senate Print 

11   1756, an act to amend the Tax Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   In relation to 

20   Calendar 1181, those recorded in the negative are 

21   Senators Brooks, Kaminsky and Lanza.

22                Ayes, 59.  Nays, 3.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                SENATOR DeFRANCISCO:   Can we now go 


                                                               4723

 1   back to motions and resolutions.

 2                ACTING PRESIDENT GRIFFO:   We will 

 3   return to motions and resolutions.

 4                SENATOR DeFRANCISCO:   And take up 

 5   previously adopted Resolution 2861, by 

 6   Senator Bailey, title only, and call on 

 7   Senator Bailey to speak.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Legislative 

11   Resolution Number 2861, by Senator Bailey, 

12   memorializing Governor Andrew M. Cuomo to 

13   proclaim June 8, 2017, as Global Hip-Hop Day in 

14   the State of New York.

15                ACTING PRESIDENT GRIFFO:   May I 

16   have some order in the house, please.

17                Senator Bailey.

18                SENATOR BAILEY:   Thank you, 

19   Mr. President.  

20                It's ironic that you said "in the 

21   house," because -- you know, for Global Hip-Hop 

22   Day.  

23                June 8th was Global Hip-Hop Day.  

24   Borough President Ruben Díaz, Jr., and 

25   Councilwoman Vanessa Gibson, they had this Global 


                                                               4724

 1   Hip-Hop Day which renamed 1520 Sedgwick Avenue to 

 2   Hip-Hop Boulevard.  Why is that important?  

 3   Because on August 11, 1973, when I was negative 

 4   9 years old, hip-hop started at 1520 Sedgwick 

 5   Avenue in the Bronx.

 6                DJ Kool Herc, as legend would have 

 7   it, he was entertaining at his sister's 

 8   back-to-school party and he was trying something 

 9   new on the turntable, "scratching" and allowing 

10   people -- MCs, as they were to be called -- 

11   letting them rap, as we now call it.  And letting 

12   b-boys, as they called it, do a little bit of 

13   break dancing or alternative dancing.

14                Now hip-hop is everywhere.  And I 

15   would opine to say, in the words of Common Sense, 

16   "I met this girl when I was 10 years old.  And 

17   what I loved most, she had so much soul."  

18                Hip-hop is not just music, it speaks 

19   to you.  A Tribe Called Quest, as Senator Comrie 

20   has been known to say a line or two from, they 

21   had an album called "Beats, Rhymes and Life."  

22   And that is how I feel about hip-hop.  That is 

23   how many people feel about hip-hop.  Hip-hop is 

24   more than just rapping and MCing.  

25                And I would venture to say the best 


                                                               4725

 1   MC in this house is probably Chris Cook.  If he 

 2   says "Addabbo, Flanagan, Klein, Stewart-Cousins, 

 3   Young" -- 

 4                (Laughter.)

 5                SENATOR BAILEY:   -- you slow that 

 6   down, you could put that on a beat, call it Lay 

 7   It Aside Records, you can have a hit.

 8                (Laughter.)

 9                SENATOR BAILEY:   But my earliest 

10   memories of hip-hop were my father monitoring the 

11   tapes that I had.  Because that's what we had at 

12   first, we had tapes.  And he would monitor these 

13   tape for explicit lyrics, making sure that I 

14   wasn't listening to the music with the curse 

15   words in it.  

16                And I would always wonder, how did I 

17   end up with the explicit version when my friends 

18   were doing the version with the curses?  Well, I 

19   had my father to thank for that 15 years later.  

20   But I'm a better man for it today.  

21                Hip-hop started out in the park, as 

22   many say.  But it went to TV.  Will Smith -- The 

23   Fresh Prince of Bel-Air, as many know him -- 

24   started out as a rapper, saying "Parents just 

25   don't understand."  Then he became a TV star and 


                                                               4726

 1   then a movie star and one of the greatest actors 

 2   of our generation.  Hip-hop did that.  

 3                The rap group Three 6 Mafia, while I 

 4   don't necessarily like the name, they won an 

 5   Oscar for their performance for the soundtrack in 

 6   Hustle & Flow.  Ludacris, a rapper from Atlanta, 

 7   Georgia, was in the top-grossing movie this year, 

 8   one of the Fast & Furious -- Fast & Furious 39, I 

 9   don't know.  

10                (Laughter.)

11                SENATOR BAILEY:   But the funny 

12   thing is that when I was growing up, people would 

13   talk about the viability of hip-hop, is hip-hop 

14   here to stay.  And I think I've proven that it 

15   is.  

16                I just remember that -- well, one of 

17   the best things about hip-hop is that no matter 

18   what age group you are, you can understand a 

19   certain thing about it.  I remember one of the 

20   first times I heard "Eric B. is President" -- 

21   "make 'em, make 'em, make 'em clap to this" -- 

22   and it was a pivotal moment in my mind that the 

23   fusion of -- soul, R&B, jazz was all fused in one 

24   song, and I was able to hear that expression.  

25                Growing up, my era was Notorious 


                                                               4727

 1   B.I.G., Jay-Z and Nas.  Then hip-hop went west to 

 2   California:  Dr. Dre, Snoop Dogg, E-40.  Then it 

 3   took a trip down South, where we met OutKast, IT, 

 4   Ludacris, Young Jeezy, to name a few.  

 5                And there's a moment in every 

 6   hip-hop fan's life where there was a certain line 

 7   or a certain message was pivotal to you, and for 

 8   me that was college.  Up here at the University 

 9   at Albany from 2000 to 2004 is when I really 

10   started to understand what rappers were saying 

11   and understand that it wasn't just nonsense, it 

12   wasn't just gobbledygook, it was metaphor.  

13   Beats, rhymes and life, as I had mentioned 

14   earlier.  

15                And many people don't believe that 

16   hip-hop is more than violent lyrics and sexually 

17   explicit lyrics.  And I would say to them, to 

18   quote Jay-Z, "Scarface the movie did more to me 

19   than Scarface the rapper did to me." 

20                We don't talk about Breaking Bad 

21   as -- we don't talk about Brian Cranston being a 

22   deleterious effect to society, and he's doing 

23   some not-so-nice things on that show.  

24                You know, in the time that I've been 

25   a hip-hop fan, I've heard a couple of verses, but 


                                                               4728

 1   I'm going to share a little bit with you.  Well, 

 2   first before I say that, I want to talk about how 

 3   hip-hop is more -- as global as it is, it's still 

 4   local.  And I have some friends who made a song 

 5   called "Home Sweet Home" in I think 2007, friends 

 6   named Nathaniel and Jah.  And they were talking 

 7   about the rampant effects of gentrification.  

 8   Hip-hop is more than just party music.  This is 

 9   social commentary -- beats, rhymes and life.  

10                So there was a rhyme that my friend 

11   Nate said -- and again, this has no explicit 

12   lyrics.  I would not disgrace the Senate floor by 

13   doing such a thing.  He said:  "I'm agonna.  

14   Asked my mother what's the meaning of life.  She 

15   must have thought I said I needed a Sprite, 

16   'cause she handed me a soda and said living is 

17   air and pressure.  God put us here to test us.  

18   Don't fall into panic and disorder.  Man, it's 

19   like I taught you, stand up to them forces.  This 

20   life is bitter like a bride standing at the 

21   altar.  We ain't fully equipped like a standard 

22   Ford Explorer to deal with the nonsense.  Planets 

23   talk for us."

24                What does that mean?  It means that 

25   you have to be who you are.  Beats, rhymes and 


                                                               4729

 1   life.  

 2                The second rhyme I'm going to sing 

 3   is an ode to the Bronx, and it's really quick.  

 4   "Because if it wasn't for the Bronx, this rap 

 5   {thing} probably never would be going on.  So 

 6   tell me where you from (uptown baby, uptown baby, 

 7   we gets down baby, up for the crown baby)."  

 8                That talks about the origins of 

 9   hip-hop in my own borough in the Bronx.  

10                And the last rhyme I'm going to say 

11   is from Jay-Z, who if rumors are correct, he's 

12   just welcomed two new additions to the family.  

13   And this is appropriate for those of us in public 

14   service or anybody in the limelight.  

15                "With the same sword they knight 

16   you, they gon' good-night you with.  Man, that's 

17   only half if they like you.  Don't believe me, 

18   ask Michael.  See Martin, see Malcolm, see 

19   Biggie, see Pac, see success and its outcome.  

20   See Jesus, see Judas, see Caesar, see Brutus, see 

21   success is like suicide.  Suicide, it's a 

22   suicide.  If you succeed, prepare to be 

23   crucified.  Media meddles, {people} sue you, you 

24   settle.  Every step you take, they remind you 

25   you're ghetto.  So it's tough being Bobby Brown.  


                                                               4730

 1   To be Bobby then, you got to be Bobby now.  And 

 2   the question is, Is to have had and lost better 

 3   than not having at all?"  

 4                That talks about the duality of the 

 5   world that we live in when you deal with success.  

 6   And the same people that will laud you for what 

 7   you say today, they may not want you to do the 

 8   same thing tomorrow.  With the same sword they 

 9   knight you, they will good night you with.  

10   Beats, rhymes and life.  

11                So I will ask you all this.  Hip-hop 

12   is ever-evolving, ever-changing.  And Chris and I 

13   are going on the road soon, Lay It Aside Records.  

14                (Laughter.)

15                SENATOR BAILEY:   But in honor of 

16   Black Music Month and in honor of the home of 

17   hip-hop -- and Senator Serrano is not here 

18   this -- 1520 Sedgwick is in his district.  I 

19   would just like to ask you all, from the movie 

20   Brown Sugar, when did you fall in love with 

21   hip-hop?  

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   What's 

24   colder than being cool?  Ice cold!

25                (Laughter.)


                                                               4731

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Jamaal Bailey.  

 3                Senator Comrie.

 4                SENATOR COMRIE:   Mr. President, I 

 5   rise to support this resolution that Senator 

 6   Jamaal Bailey put together to acknowledge Black 

 7   Music Month and also the origin of hip-hop from 

 8   1973.  

 9                Now, hip-hop, it means so much to so 

10   many people.  As Senator Bailey has told you, 

11   it's created careers, it's given people 

12   opportunities.  But it stemmed out of a cultural 

13   need to make sure that young people that were not 

14   getting music in schools, that were not getting 

15   opportunities to express themselves -- they found 

16   their own way.  

17                They used the streets, they used the 

18   elements around them to create a music genere, to 

19   create opportunities, to give themselves 

20   expression and also pride in themselves that they 

21   could create music and within themselves to also 

22   create an opportunity for pride, create an 

23   opportunity for sincerity.  And as Senator Bailey 

24   said, beats, rhymes and life -- utilizing the 

25   hip-hop venue, utilizing the musical venue within 


                                                               4732

 1   themselves to create things that could express 

 2   their feelings and emotions in a way that young 

 3   people could start. 

 4                I come from a generation earlier in 

 5   hip-hop, with Run-D.M.C., Kid 'n Play, LL Cool J.  

 6   We have, you know, Queens -- while the Bronx 

 7   started hip-hop, Queens solidified it with those 

 8   groups.  See, I'm going to start now.  

 9                (Laughter.)

10                SENATOR COMRIE:   Now, we also had 

11   Jam Master Jay, Nicki Minaj, 50 Cent, Ja Rule, 

12   Kid 'n Play.  Queens hip-hop goes deep, it goes 

13   solid, and it goes all the way to the Hall of 

14   Fame in Cleveland, Ohio, where we have hip-hop 

15   legend LL Cool J, who's got a gold opportunity to 

16   be in the Music Hall of Fame.  But we also have, 

17   you know, other people that have made it to the 

18   Hall of Fame -- Run-D.M.C., who is in the Hall of 

19   Fame as well.

20                So since hip-hop got its start, it's 

21   grown and spread from city and state.  It's 

22   become a multi-billion-dollar industry today.  

23   The Old School paved the way.  So we have Global 

24   Hip-Hop Day, we have Black Music Month this 

25   month.  From 1520 Sedgwick Avenue and Cedar Park 


                                                               4733

 1   playground, the four elements of hip-hop have 

 2   continued to stay around.  Rapping and tagging, 

 3   DJing and breaking, the path it's taken is 

 4   nothing short of amazing.  Commercials, TV shows, 

 5   movies, Broadway shows and more -- and yes, 

 6   occasionally in our esteemed chambers, right here 

 7   on the Senate floor.  

 8                Whether you're black or white or 

 9   native, Latino or Asian, hip-hop is represented 

10   by every nation.  

11                I dedicate this to my colleagues who 

12   come from Queens -- James Sanders, Joe Addabbo, 

13   Toby Stavisky, Mike G., our fearless deputy.  

14                Finally, let me end with this.  We 

15   have a situation.  We must deal with the 

16   nonsense, the malice, the poor public policy.  

17   Therefore, we must challenge fighting and 

18   fussing; we can do so much more if we bring back 

19   some trusting.  We can't get together because 

20   we're falling apart.  We need to come together 

21   because our country is in trouble.  We need to 

22   make sure that we can do the things necessary to 

23   stop the negativity.  It breaks my heart, I don't 

24   understand the difficulty.  

25                We need to work together.  Here are 


                                                               4734

 1   63 equals.  Here is people that are concerned 

 2   about public service.  Here is people that are 

 3   concerned about the history of New York State and 

 4   the history of this country.  We can use hip-hop 

 5   and any other venue and any other means to 

 6   attract people to what we need to do to improve 

 7   our country, to improve our situation and to make 

 8   sure that we do everything we can, using every 

 9   means possible, to make our city and state a 

10   better place.

11                Thank you, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Sanders.

14                SENATOR SANDERS:   Thank you, 

15   Mr. President.

16                I want to thank the sponsor for his 

17   noble effort to ensure that hip-hop has its place 

18   in lights.

19                I want to take a moment to speak 

20   of -- we've heard about the Bronx roots of 

21   hip-hop, Manhattan has a place, and even Queens.  

22   But I want to alert you to the Rockaway roots of 

23   hip-hop, that a really undiscovered portion of 

24   the hip-hop world actually came out of Rockaways, 

25   Queens.  Right by Riis Beach, there is a place, a 


                                                               4735

 1   park over there where all of the DJs used to go, 

 2   and they used to play.  And this was the one of 

 3   the beginnings of hip-hop.  

 4                But I do want to leave you with a 

 5   message.  My colleague Senator Comrie of course 

 6   was speaking eloquently on Queens, but I want to 

 7   say that at the essence of hip-hop, one of the 

 8   things that you have to notice is that it has a 

 9   message.  And part of its message, the best part 

10   can be distilled from the actual song "The 

11   Message," where a person is speaking of the world 

12   that they find themselves in, a world that I 

13   encourage all of my colleagues to learn about, a 

14   world that we are supposed to be making a 

15   difference in.  And he speaks and he says "It's 

16   like a jungle sometimes, it makes me wonder how I 

17   keep from goin' under."

18                And under those conditions -- not 

19   bad.  Not bad.  Don't quit that day job.  Under 

20   those conditions, my friends, I encourage all of 

21   us to get the message that we need to make sure 

22   that the route to the American dream is never 

23   closed to any, that we ensure that the 

24   problems -- whether it be the opioid problems 

25   that people are dealing with or other problems -- 


                                                               4736

 1   are dealt with.  

 2                And we have it within our hands 

 3   right here, before this session is up, to 

 4   actually make a difference and therefore show 

 5   that we have gotten the message.

 6                Thank you, Mr. President.  Thank 

 7   you, Jamaal.

 8                SENATOR BAILEY:   Thank you.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Squadron.

11                SENATOR SQUADRON:   Thank you.  

12                I thank Senator Bailey for doing 

13   this.  I thank him for bringing a little bit of 

14   his flow to the Senate floor.  However, every 

15   time it happens it only makes me look worse.  

16                But it is important that we 

17   acknowledge the role of hip-hop.  And actually 

18   the role of just the ability to be able to come 

19   here and bring up some lyrics and drop some 

20   rhymes is really something that's a mainstream 

21   idea because of the extraordinary influence that 

22   hip-hop has had.  

23                It started where I started, "Uptown 

24   Baby," as Senator Bailey said, in the Bronx.  It 

25   was made great throughout the five boroughs.  We 


                                                               4737

 1   have heard about much of it.  Of course, the 

 2   great Biggie Smalls and Jay-Z from Brooklyn, my 

 3   adopted borough and home.  

 4                And you know, my evolution is one -- 

 5   I've got a couple of eras in there, but I'm going 

 6   to take you through it really quickly.  Really my 

 7   evolution, a little bit unchronological, went 

 8   from Run-D.M.C. back to the Sugarhill Gang to 

 9   Kool Moe Dee and Young MC and the Beastie Boys.  

10   Then I got into Native Tongues, A Tribe Called 

11   Quest, De La Soul.  Along with them, I -- along 

12   with Mos Def and Talib Kweli, I grew up from 

13   Native Tongues into the Black Star, a great 

14   phenomenal album; some Wu-Tang, including some of 

15   their separate solo albums after, including ODBs, 

16   whose name I would never say on the Senate 

17   floor --

18                (Laughter.)

19                SENATOR SQUADRON:   -- and had some 

20   wonderful years with The Roots.  

21                And now, even though I've gotten 

22   older and mostly I just listen to the old stuff, 

23   I do enjoy some Ja Rule and some Jay-Z.  

24                I did grow up, in the words of 

25   Black Sheep, on "Engine, Engine Number 9 on the 


                                                               4738

 1   New York transit line."  And I think we all 

 2   should tell our constituents, if our train falls 

 3   off the track, we'll pick it up, we'll pick it 

 4   up, we'll pick it up, because basically you can 

 5   get with this or you can get with that.

 6                Thank you, Senator Bailey.  

 7                (Laughter; applause.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Rivera.

10                SENATOR RIVERA:   Thank you, 

11   Mr. President.

12                I will not actually do a rhyme after 

13   that that he did.  And I certainly wouldn't do 

14   one after Senator Bailey, because as it is said 

15   in the parlance, that brother can spit.  

16                Now, I will be very quick.  The 

17   reason why -- I am not a native New Yorker.  I 

18   was originally born and raised in Puerto Rico.  

19   But the reason why I fell in love with the 

20   quintessential art form that is hip-hop is 

21   because of the fact that it grew up in the Bronx, 

22   a place that I've fallen in love with and I've 

23   grown to make my home, and the Bronx is about 

24   resilience.  And hip-hop, at its core, is about 

25   resilience.  


                                                               4739

 1                It was about a group of folks in the 

 2   South Bronx that found that a wall could be not 

 3   just a piece of wall, but could be a canvas, that 

 4   a sidewalk could be a dance floor, that 

 5   electricity off of a light pole could actually be 

 6   hooked up to music, and then music, as it was 

 7   repeated, could actually have somebody spitting 

 8   rhymes over it.  

 9                And the idea that you could actually 

10   transform things that were in rubble into a party 

11   tells you everything that you need to know about 

12   the resilience of the people of the Bronx, and it 

13   is the reason why this is an art form that I 

14   think is magnificent.  

15                There certainly have been many folks 

16   that have demonstrated their skills in this art 

17   form.  I'm not so sure that Senator Squadron is 

18   one of them, lovely human being that he is.  But 

19   I will join my colleagues in saying that I'm 

20   thankful to Senator Bailey for bringing this to 

21   the floor, because this is again a quintessential 

22   art form that we must celebrate.  

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   The 

25   resolution was adopted on 6/15.  


                                                               4740

 1                Senator Hamilton.

 2                SENATOR HAMILTON:   Mr. President, I 

 3   rise, I want to thank Senator Bailey for bringing 

 4   this bill.  

 5                And I grew up in the South Bronx, 

 6   and I grew up when rap was just starting.  And it 

 7   started because we didn't see ourselves on 

 8   television, the music we were listening to didn't 

 9   really reflect the conditions we were living 

10   under.  I grew up in NYCHA houses.  And when rap 

11   fist came out, it was sort of saying that we're 

12   sick and tired of being sick and tired of living 

13   in these conditions.  But we loved the conditions 

14   that we lived under at the time, because we 

15   didn't know nothing else.  

16                And I remember seeing Grandmaster 

17   Flash, Kool DJ AJ, Busy Bee.  And at the time, 

18   rap was a cultural movement as far as expressing 

19   what we were feeling at the time in the South 

20   Bronx.  There was arson going on, the Bronx was 

21   burning.  There was an artistic form with rap at 

22   the same time, graffiti -- often the graffiti 

23   happened at the same time.  

24                So I didn't think it would become 

25   international the way it is today.  But the true 


                                                               4741

 1   rap was really a message reflecting what was 

 2   happening at the time and what we were going 

 3   through in the South Bronx.  

 4                So I just want to thank Senator 

 5   Bailey for bringing this up and acknowledging rap 

 6   for its origins in the Bronx -- I mean, Queens 

 7   did eventually get to it -- and letting people 

 8   know that the area that had the lowest economic 

 9   level as far as households could create an art 

10   form that would resonate throughout the world.  

11                So I'm happy to say that I grew up 

12   in a place that -- it was hard to live at, but 

13   the creative thought process of the people at 

14   that time created an artistic form of music now 

15   that permeates music in all countries.  Wherever 

16   you go, you hear rap.  

17                Thank you very much.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Benjamin.

20                SENATOR BENJAMIN:   I will be very 

21   brief, but I found it impossible for me to sit 

22   down and not stand up on behalf of Harlem and 

23   Harlem's role in hip-hop.  

24                I want to thank Senator Bailey for 

25   bringing this to the floor.  But I want to remind 


                                                               4742

 1   all of my colleagues that it was Harlem that made 

 2   hip-hop global.  It was Harlem that brought 

 3   hip-hop to the mainstream.  

 4                I know many of us know the song 

 5   "More Money, More Problems."  I think that's 

 6   probably something we have going on here as well.  

 7   But it's the great artist known as Puff Daddy -- 

 8   a/k/a P. Diddy, a/k/a a whole lot of other names 

 9   that he comes up with -- who helped to take 

10   hip-hop to the next level.  

11                And because of the work of him and 

12   others, a lot of them from Harlem, hip-hop is 

13   something that's known around the world.  I know 

14   some folks in the suburbs might not be so excited 

15   about that, but let's be very clear that Harlem 

16   has a very deep place in hip-hop, and I just 

17   wanted to make sure that that was mentioned on 

18   the floor.  

19                Thank you.

20                ACTING PRESIDENT GRIFFO:   The 

21   resolution was adopted on 6/15 of 2017.  

22                It is open for cosponsorship.  

23   Should you choose to be a cosponsor, please 

24   notify the desk.

25                Senator DeFrancisco.


                                                               4743

 1                SENATOR DeFRANCISCO:   There's a 

 2   Supplemental Calendar 57A at the desk, and can we 

 3   please do the noncontroversial reading.

 4                ACTING PRESIDENT GRIFFO:   

 5   (Inaudible.)

 6                SENATOR DeFRANCISCO:   No, I had no 

 7   idea what the hell they were talking about.  

 8                (Sustained laughter.)

 9                SENATOR DeFRANCISCO:   Before we get 

10   to the noncontroversial reading, I would like to 

11   move to reconsider the vote by which Calendar 579 

12   was passed.  

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read the title of the bill.  

15                THE SECRETARY:   Calendar Number 

16   579, by Senator Croci, Senate Print 5305B, an act 

17   authorizing.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll on reconsideration.  

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 62.  

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is restored to third reading and before the 

24   house.  

25                The Secretary will read.


                                                               4744

 1                THE SECRETARY:   Calendar Number 

 2   579, by Senator Croci, Senate Print 5305B, an act 

 3   authorizing.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 6.  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   Boyle.

13                SENATOR BOYLE:   Mr. President, 

14   thank you.  

15                I'd like to be recorded as 

16   abstaining from this vote.  A principal in a 

17   social media company that I've done work with has 

18   an interest in the legislation through another 

19   company.  So I please abstain.

20                ACTING PRESIDENT GRIFFO:   Your 

21   abstention is noted and accepted.

22                SENATOR BOYLE:   Thank you.

23                ACTING PRESIDENT GRIFFO:   Results.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4745

 1   is passed.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Yes, this is 

 4   the last week in session, so I want to apologize 

 5   to the judges, but we've got to do something 

 6   first before we get to them, and that is the 

 7   noncontroversial reading of Supplemental 

 8   Calendar 57A.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will begin the noncontroversial reading 

11   of Supplemental Calendar 57A.

12                THE SECRETARY:   Calendar Number 

13   1835, by Senator Marchione, Senate Print 198, an 

14   act to amend the Military Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on the 120th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4746

 1   1836, by Senator Marchione, Senate Print 215, an 

 2   act to amend the Correction Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the 30th 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 1836, those recorded in the negative are 

14   Senators Bailey, Benjamin, Comrie, Dilan, 

15   Gianaris, Hoylman, Krueger, Parker, Rivera, 

16   Sanders and Squadron.

17                Ayes, 51.  Nays, 11.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1837, by Senator Peralta, Senate Print 317, an 

22   act to amend the Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4747

 1   act shall take effect on the first of January.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1838, by Senator Golden, Senate Print 419, an act 

10   to amend the Public Authorities 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                ACTING PRESIDENT GRIFFO:   Senator 

19   Krueger to explain her vote.

20                SENATOR KRUEGER:   Thank you, 

21   Mr. President.  

22                Usually I've been voting against the 

23   bills that would lower the revenue to mass 

24   transit in some way, but this time I'm voting in 

25   support of the bill because in fact if we 


                                                               4748

 1   decrease the tolls on the Verrazano, we encourage 

 2   trucks to skip cutting across Manhattan Island 

 3   when they didn't need to be in Manhattan, and 

 4   that's a good thing for us.  

 5                Thank you, Mr. President.  I vote 

 6   yes.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Krueger to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1839, by Senator Young, Senate Print 449, an act 

15   to amend the Executive Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 120th day.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


                                                               4749

 1   Calendar 1839, those recorded in the negative are 

 2   Senators Alcantara, Bailey, Benjamin, Comrie, 

 3   Díaz, Dilan, Gianaris, Hamilton, Hoylman, 

 4   Krueger, Montgomery, Parker, Peralta, Persaud, 

 5   Rivera, Sanders and Squadron.

 6                Ayes, 45.  Nays, 17.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1840, by Senator Díaz, Senate Print 509, an act 

11   to amend the Elder Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect on the 90th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1841, by Senator Díaz, Senate Print 511, an act 

24   to amend the State Finance Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4750

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 30th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1842, by Senator Young, Senate Print 520, an act 

12   to amend the Public Health Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1843, by Senator Young, Senate Print 524, an act 

25   to amend the Environmental Conservation Law.


                                                               4751

 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, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1844, by Senator Young, Senate Print 539, an act 

13   to amend the Social Services Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect on the 120th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   In relation to 

22   Calendar 1844, those recorded in the negative are 

23   Senators Alcantara, Bailey, Benjamin, Comrie, 

24   Dilan, Gianaris, Hoylman, Krueger, Peralta, 

25   Persaud, Sanders, Squadron and Stewart-Cousins.  


                                                               4752

 1   Also Senators Montgomery and Stavisky.  Also 

 2   Senator Rivera.

 3                Ayes, 46.  Nays, 16.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1845, by Senator Boyle, Senate Print 640, an act 

 8   to amend the Criminal Procedure 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:   In relation to 

17   Calendar 1845, those recorded in the negative are 

18   Senators Comrie, Dilan, Krueger, Montgomery, 

19   Rivera, Sanders and Squadron.

20                Ayes, 55.  Nays, 7.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Senator Funke moves 

24   to discharge, from the Committee on Rules, 

25   Assembly Bill Number 1260A and substitute it for 


                                                               4753

 1   the identical Senate Bill 817A, Third Reading 

 2   Calendar 1846.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   substitution is so ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   1846, by Member of the Assembly Buchwald, 

 8   Assembly Print 1260A, an act to amend the Urban 

 9   Development Corporation Act.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 5.  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.  Nays, 1.  

18   Senator Dilan recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1847, by Senator Golden, Senate Print 885, an act 

23   to amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4754

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 7   Senator DeFrancisco recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1848, by Senator Akshar, Senate Print 1113, an 

12   act to amend the Mental Hygiene 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, 62.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1849, substituted earlier by Member of the 

25   Assembly Paulin, Assembly Print 474A, an act to 


                                                               4755

 1   amend the Social Services Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  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                ACTING PRESIDENT GRIFFO:   Announce 

10   the results.

11                THE SECRETARY:   In relation to 

12   Calendar 1849, those recorded in the negative are 

13   Senators Akshar, Bonacic, Croci, DeFrancisco, 

14   Gallivan, Griffo, Jacobs, Lanza, LaValle, Murphy, 

15   O'Mara, Ortt, Ranzenhofer, Ritchie and Serino.  

16   Also Senators Amedore and Helming.

17                Ayes, 45.  Nays, 17.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1850, by Senator Marcellino, Senate Print 1187, 

22   an act to amend the Vehicle and Traffic Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               4756

 1   act shall take effect on the first of November.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 6   Senator Montgomery recorded in the negative.  

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1851, by Senator Valesky, Senate Print 1236, an 

11   act to amend the General Business Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 180th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1852, by Senator Alcantara, Senate Print 1349B, 

24   an act to amend the Public Housing Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4757

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 120th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.  Nays, 2.  

 8   Senators Bonacic and Ortt recorded in the 

 9   negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1853, by Senator Ritchie, Senate Print 1435, an 

14   act to amend the Soil and Water Conservation 

15   Districts Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 60th day.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 62.  

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4758

 1                Calendar Number 1854 does not have a 

 2   home-rule message present at the desk, so it will 

 3   be laid aside for the day.

 4                THE SECRETARY:   Calendar Number 

 5   1855, by Senator Little, Senate Print 1676, an 

 6   act to amend the Arts and Cultural Affairs Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect one year after it shall 

11   have become a law.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1856, by Senator Kennedy, Senate Print 1840, an 

20   act to amend the Social Services 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 


                                                               4759

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1857, by Senator Avella, Senate Print 1877, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  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, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1858, by Senator Avella, Senate Print 1973, an 

21   act to amend the Penal Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 15.  This 

25   act shall take effect on the first of November.


                                                               4760

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 5   Senator Montgomery recorded in the negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1859, by Senator Felder, Senate Print 2105, an 

10   act to direct.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  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, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1860, by Senator O'Mara, Senate Print 2120, an 

23   act to amend the Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4761

 1                THE SECRETARY:   Section 4.  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, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1861, by Senator Gianaris, Senate Print 2477, an 

11   act to amend the Correction Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 7.  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.  Nays, 1.  

20   Senator Montgomery recorded in the negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1862, by Senator Golden, Senate Print 2533, an 

25   act to amend the Penal Law.


                                                               4762

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the 90th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 9   Senator Montgomery recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1863, by Senator Little, Senate Print 2608B, an 

14   act to amend the Environmental Conservation Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

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

19   same manner as a concurrent resolution of the 

20   Senate and Assembly.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4763

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1864, by Senator Lanza, Senate Print 2640, an act 

 4   to amend the Navigation 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                ACTING PRESIDENT GRIFFO:   Announce 

13   the results.

14                THE SECRETARY:   In relation to 

15   Calendar 1864, those recorded in the negative are 

16   Senators Addabbo, Alcantara, Avella, Bailey, 

17   Benjamin, Breslin, Brooks, Carlucci, Dilan, 

18   Gianaris, Hannon, Hoylman, Kaminsky, Kennedy, 

19   Krueger, Latimer, Marcellino, Montgomery, Parker, 

20   Persaud, Rivera, Sanders, Squadron, Stavisky and 

21   Stewart-Cousins.  Also Senator Peralta.  

22                Ayes, 36.  Nays, 26.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4764

 1   1865, by Senator Lanza, Senate Print 2819, an act 

 2   to amend the Executive Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 61.  Nays, 1.  

11   Senator Montgomery recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1866, by Senator Tedisco, Senate Print 2884, an 

16   act to amend the Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Krueger to explain her vote.


                                                               4765

 1                Can I have some order, please, in 

 2   the house.

 3                SENATOR KRUEGER:   Thank you, 

 4   Mr. President.

 5                So the cost of this bill would be at 

 6   least a billion dollars, so it seems to me this 

 7   would be an appropriate discussion to have within 

 8   the budget, perhaps next year.  

 9                But for people to understand, this 

10   actually zeroes out the estate tax on estates 

11   over $5 million.  We have already done a reform 

12   of estate tax and made it comparable to the 

13   federal level, so I really don't know why the 

14   State of New York would choose to go even further 

15   than the standards of the federal government.  

16                I certainly don't think we should 

17   decide a billion-dollar loss of revenue midyear 

18   without asking the hard question, What are we 

19   cutting out of the budget if we're losing a 

20   billion dollars, and certainly think this kind of 

21   big-picture tax question is worthy of serious 

22   discussion within the context of tax reform 

23   overall and the budget overall.  

24                I vote no, Mr. President.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4766

 1   Krueger to be recorded in the negative.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Yes, 

 4   Mr. President.  If we can hold up on the 

 5   noncontroversial reading, and I understand 

 6   there's a --

 7                ACTING PRESIDENT GRIFFO:   Let me 

 8   complete this result first, Senator DeFrancisco.  

 9                SENATOR DeFRANCISCO:   He didn't 

10   read the result?  

11                ACTING PRESIDENT GRIFFO:   No, 

12   still tabulating.  

13                SENATOR DeFRANCISCO:   Well, why 

14   not?

15                (Laughter.)

16                SENATOR DeFRANCISCO:   All right, go 

17   ahead.

18                ACTING PRESIDENT GRIFFO:   Math 101.

19                SENATOR DeFRANCISCO:   All right.

20                ACTING PRESIDENT GRIFFO:   Announce 

21   the results.  

22                THE SECRETARY:   In relation to 

23   Calendar 1866, those recorded in the negative are 

24   Senators Addabbo, Alcantara, Avella, Bailey, 

25   Benjamin, Carlucci, Comrie, Dilan, Hamilton, 


                                                               4767

 1   Kennedy, Klein, Krueger, Montgomery, Peralta, 

 2   Persaud, Rivera, Savino, Squadron, Stavisky, 

 3   Stewart-Cousins and Valesky.  Also Senators 

 4   Breslin, Díaz, Parker and Sanders in the 

 5   negative.  

 6                Ayes, 37.  Nays, 25.  

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.  

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   I'm going to 

11   have to withdraw what I said for a moment.  We're 

12   just waiting for one thing.  So if we can 

13   continue on maybe for a bill or two.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1867, by Senator LaValle, Senate Print 2999A, an 

18   act to amend the Economic Development Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect on the 180th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4768

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1868, by Senator Addabbo, Senate Print 3059, an 

 6   act to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect January 1, 2018.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1869, by Senator Felder, Senate Print 3223, an 

19   act to authorize.

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.


                                                               4769

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 1869, those recorded in the negative are 

 6   Senators Akshar, Alcantara, Bailey, Bonacic, 

 7   Breslin, Dilan, Gianaris, Hamilton, Hoylman, 

 8   Kennedy, Krueger, Montgomery, Peralta, Rivera, 

 9   Sanders, Squadron and Stavisky.  Also Senator 

10   Stewart-Cousins.  

11                Ayes, 44.  Nays, 18.  

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1870, by Senator Bailey, Senate Print 3498, an 

16   act to amend the Correction Law.  

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  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                ACTING PRESIDENT GRIFFO:   Senator 

25   Bailey to explain his vote.


                                                               4770

 1                SENATOR BAILEY:   Mr. President, 

 2   I'll be very brief.  

 3                I would like to thank my colleagues 

 4   for voting in support of this common-sense 

 5   legislation.

 6                We were speaking about 

 7   rehabilitation earlier in the context of the 

 8   Parole Board.  But if we are looking to 

 9   rehabilitate, we need to make sure that 

10   accommodations and the opportunity to be 

11   rehabilitated are equal for women as they are for 

12   men.  So I thank my colleagues here in this body 

13   for voting for this legislation.  

14                Thank you, Mr. President.  

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Bailey in the affirmative.  

17                Announce the results.  

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1871, by Senator Savino, Senate Print 3755, an 

23   act to amend the Banking Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4771

 1                THE SECRETARY:   Section 3.  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:   In relation to 

 7   Calendar 1871, those recorded in the negative are 

 8   Senators Comrie, DeFrancisco, Hoylman, Krueger, 

 9   Parker, Rivera and Sanders.  

10                Ayes, 55.  Nays, 7.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1872, substituted earlier by Member of the 

15   Assembly Zebrowski, Assembly Print 2859B, an act 

16   to amend the Workers' Compensation Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  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.  Nays, 1.  

25   Senator Murphy recorded in the negative.  


                                                               4772

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1873, by Senator Sanders, Senate Print 3813, an 

 5   act to amend the Education Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1874, by Senator Seward, Senate Print 4010A, an 

18   act to amend the Insurance 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.)


                                                               4773

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1875, by Senator Akshar, Senate Print 4090B, an 

 6   act to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 5.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1876, by Senator Sanders, Senate Print 4091, an 

19   act to amend the Public Authorities 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.


                                                               4774

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1877, by Senator Dilan, Senate Print 4207, an act 

 7   to authorize.

 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                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar 1877, those recorded in the negative are 

19   Senators Akshar, Bonacic, Ortt and Ranzenhofer.

20                Ayes, 58.  Nays, 4.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   Yes, we are 

25   now going to set that calendar aside for a moment 


                                                               4775

 1   to get to the judges.  

 2                And I apologize again to them.  

 3   There was a reason we had to wait this long.  I'm 

 4   not saying it was a good reason, but it was a 

 5   reason.

 6                (Laughter.)

 7                SENATOR DeFRANCISCO:   Is there a 

 8   report of the Judiciary Committee at the desk?  

 9                ACTING PRESIDENT GRIFFO:   Yes, 

10   there is a report of the Judiciary Committee 

11   before the desk.

12                SENATOR DeFRANCISCO:   Could you 

13   please read the report.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Senator Bonacic, 

17   from the Judiciary Committee, reports the 

18   following nominations.  

19                As Judges of the Court of Claims:  

20                Honorable Donald Cerio, Jr.; 

21                Honorable Leonard Livote; 

22                Honorable Martin Marcus; 

23                Honorable Michael Melkonian; 

24                Honorable Frank P. Milano; 

25                Honorable Wayne Ozzi; 


                                                               4776

 1                Honorable Jeanette Rodriguez-Morick; 

 2                Sanford Neil Berland; 

 3                Gordon J. Cuffy; 

 4                Kathleen B. Hogan; 

 5                Steven M. Jaeger; 

 6                Honorable Edwina G. Richardson- 

 7   Mendelson; 

 8                Joseph Risi; 

 9                Honorable Walter Rivera; 

10                Carmen Victoria St. George; and 

11                Honorable Peter F. Vallone, Jr. 

12                SENATOR DeFRANCISCO:    

13   Mr. President, could you just call on Senator 

14   Bonacic for the motion.

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Bonacic.  

17                SENATOR BONACIC:   Thank you, 

18   Mr. President.

19                Earlier today the Senate Judiciary 

20   Committee met and considered the reappointment of 

21   seven judges to the Court of Claims, the 

22   appointment of three interim Supreme Court 

23   judges, and the appointment of nine new nominees 

24   to the Court of Claims.

25                I want to thank Governor Cuomo for 


                                                               4777

 1   putting forth an impressive list of nominees for 

 2   the court.  The experienced jurists that are here 

 3   today have all been approved by the Judicial 

 4   Nominating Commission.  

 5                We always strive to put judges on 

 6   the bench who display exemplary temperament and 

 7   dedication to the bench.  I am confident the 

 8   nominees before the State Senate Judiciary 

 9   Committee today will hold themselves to such 

10   standards.

11                The judges are joining us in the 

12   gallery today, many with family, spouses, and 

13   friends.

14                Pursuant to the provisions of 

15   Section 9 of Article VI of the Constitution, and 

16   the provisions of Section 2 of the Court of 

17   Claims Act, and pursuant to the provisions of 

18   Section 21 of Article VI of the Constitution, the 

19   Judiciary Committee has reported all of the 

20   nominations to the floor for Senate confirmation.

21                I'm going to introduce the judges 

22   individually, their friends and family.  At the 

23   end of the introduction of 19 judges, I'll move 

24   their confirmation to the floor, and any Senator 

25   who wishes to speak on any judge or judges are 


                                                               4778

 1   welcome to do so.

 2                There is a book that is on your 

 3   desks that talks at length of the background of 

 4   each judge.  And in the Judiciary Committee, we 

 5   went into that to a certain extent.  So let me 

 6   start.  

 7                The first one is the Honorable 

 8   Donald Cerio, Jr.  As I call your name, please 

 9   stand up.  He's here with his bride, Renee, and 

10   their son Louis.  

11                The second judge is the Honorable 

12   Leonard Livote.  

13                The third judge is the Honorable 

14   Martin Marcus, with his bride, Gail.  

15                The fourth judge is the Honorable  

16   Michael Melkonian, with his bride, Caroline, 

17   daughter Olivia, and son Maxwell.  

18                The next judge is the Honorable 

19   Frank Milano, with his bride, Ruth.  

20                The next judge is the Honorable 

21   Wayne Ozzi, with his bride, Lucy.  

22                And the next judge is the Honorable 

23   Jeanette Rodriguez-Morick, with her husband, 

24   Harold; daughters Kathe and Madeleine Morick; 

25   father, Frank Garcia; mother, Rhode Garcia.  


                                                               4779

 1                And all of the judges that I just 

 2   mentioned are reappointments to the Court of 

 3   Claims.  

 4                So at this time I'm going to stop 

 5   with the continuation of the confirmation of the 

 6   nominees until called upon when I get the green 

 7   light.  Thank you.

 8                I'd like to now move all of those 

 9   judges for the Court of Claims for confirmation.  

10   And I ask any Senator that wants to speak on 

11   those judges for reappointment to the Court of 

12   Claims, please feel free to do so.

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Stewart-Cousins.  

15                Senator Gianaris.

16                Senator Little.  No?

17                Any member wish to be heard?  

18                (Laughter.)

19                ACTING PRESIDENT AKSHAR:   The 

20   question is on the nomination of those names read 

21   to be confirmed to the Court of Claims.  All in 

22   favor signify by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT AKSHAR:   Opposed, 

25   nay.


                                                               4780

 1                (No response.)

 2                ACTING PRESIDENT AKSHAR:   Those 

 3   names read are hereby appointed to the Court of 

 4   Claims.  

 5                (Standing ovation.)

 6                ACTING PRESIDENT AKSHAR:   The 

 7   Secretary will continue to read.

 8                THE SECRETARY:   On the nominations 

 9   of the Honorable John W. Carter, the Honorable 

10   Robert A. Neary, and the Honorable Barry R. 

11   Ostrager, to serve as Interim Supreme Court 

12   Justices.

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Bonacic.

15                SENATOR BONACIC:   As we continue, 

16   the Honorable John W. Carter is here with his 

17   bride, Sharon Hockhart Carter.  

18                The Honorable Robert A. Neary is 

19   here.  

20                And the Honorable Barry R. Ostrager 

21   is here, with his friend the Honorable Mary Kay 

22   Vyskocil.

23                I move these three Interim Supreme 

24   Court Judges for confirmation.  I ask any Senator 

25   if they would like to speak on any of these three 


                                                               4781

 1   nominees.  I move them all for confirmation.

 2                ACTING PRESIDENT AKSHAR:   Seeing no 

 3   members wishing to be heard, the question is on 

 4   the nomination of the names read to serve as 

 5   Interim Supreme Court Judges.  All those in favor 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT AKSHAR:   Opposed, 

 9   nay.

10                (No response.)

11                ACTING PRESIDENT AKSHAR:   Those 

12   names read are hereby appointed to serve as 

13   Interim Supreme Court Justices.

14                (Standing ovation.)

15                ACTING PRESIDENT AKSHAR:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   For the newly 

18   appointed judges that are going to be named now, 

19   I just want to let you know I wanted all of you 

20   to feel what it's like waiting for a jury, okay? 

21                (Laughter.)  

22                SENATOR DeFRANCISCO:   Could you go 

23   to the next group, please.

24                ACTING PRESIDENT AKSHAR:   We just 

25   need a moment, Senator DeFrancisco.  (Pause.)


                                                               4782

 1                The Secretary will read.

 2                THE SECRETARY:   Senator Bonacic, 

 3   from the Judiciary Committee, reports the 

 4   following appointments to the Court of Claims:  

 5                Sanford Neil Berland; 

 6                Gordon J. Cuffy; 

 7                Kathleen B. Hogan; 

 8                Steven M. Jaeger; 

 9                Honorable Edwina G. Richardson- 

10   Mendelson; 

11                Joseph Risi; 

12                Honorable Walter Rivera; 

13                Carmen Victoria St. George; and 

14                Honorable Peter F. Vallone, Jr.

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Bonacic.

17                SENATOR BONACIC:   Thank you, 

18   Mr. President.

19                As I call each of your names, I 

20   would ask you to stand.  And if you have spouses, 

21   family or friends, they can stand with you.  

22   Okay?  Thank you.

23                And these are nine new appointments 

24   to the Court of Claims.  

25                The first one will be Sanford Neil 


                                                               4783

 1   Berland.  He's here with his bride, Susan; his 

 2   daughter Stephanie; his son Schuyler; and friend 

 3   Aisha Choudhry.  Please stand.  Thank you.

 4                The second one is Gordon Cuffy.  

 5   He's with his bride, Dr. Nadine Cuffy, and their 

 6   daughter Nicole.  

 7                The third one is Kathleen Hogan, 

 8   with her husband, Kevin Bruen; children Kit, 

 9   Bridget, and Patrick; uncle and aunt Tom and 

10   Terry Mercure; cousin Rebecca Marino; and friend 

11   Judge Plumadore.

12                I can see why you always get 

13   elected; you have your own big crowd following 

14   you, and family.

15                The next one is Steven Jaeger, with 

16   his bride, Peggy; son Robert; friends Kevin Brady 

17   and Fred and Ellen Levine.

18                The next one is the Honorable Edwina 

19   Richardson-Mendelson; husband, Dean Mendelson; 

20   and sister Shirley Symister.  Okay, welcome.

21                The next one is Joseph Risi.  He's 

22   here with his bride, Karen; sons Joseph Risi, 

23   III, and Christopher; daughter Kathryn Risi; 

24   mother-in-law and sister-in-law Irene and Debra 

25   Janusz.  Welcome.


                                                               4784

 1                The next judge is the Honorable 

 2   Walter Rivera, with his wife, Maria Isabel 

 3   Figueroa; son Marcelo Rivera-Figueroa; son Julian 

 4   Rivera; granddaughter Jenaja Rivera -- I probably 

 5   messed that one up, sorry -- grandson Xavier 

 6   Rivera; sister Ana Rosa Rivera; niece Marisol 

 7   Feijoo, and friends Suzanna Berger, Miguel 

 8   Santiago, and Steven Schmidt.  Welcome to all of 

 9   you.

10                My No. 8 judge is Carmen Victoria 

11   St. George, with her father, Andreas Markakis; 

12   spouse, Judge Norman St. George; daughters 

13   Alexandra and Isabella St. George; sister Maria 

14   Markakis; and friend Gennaro Savastano.  Welcome 

15   to all of you.

16                And last but not least, the 

17   Honorable Peter F. Vallone, Jr., with his 

18   daughter Caroline Vallone.

19                Mr. President, I move at this time 

20   all the nominations to the floor of these new 

21   Court of Claims judges for Senate confirmation.  

22   I ask that you recognize any Senator who wants to 

23   speak on any of these distinguished nominees.

24                Thank you, Mr. President.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               4785

 1   Little.

 2                SENATOR LITTLE:   Thank you, 

 3   Mr. President.

 4                It's really an honor for me to stand 

 5   here during this confirmation process and speak 

 6   on behalf of Kate Hogan.  I thank the Governor 

 7   for nominating her to the role of a Court of 

 8   Claims judge.  It is a nomination he will never 

 9   regret, I can guarantee him.

10                It goes without saying that I have 

11   known Kate for a long time.  I went to her mother 

12   and father's wedding.  And I have just watched 

13   her in her professional career as she has gone 

14   from position to position, her 15 years as 

15   district attorney in Warren County -- difficult 

16   cases, difficult issues, always been able to 

17   handle them -- and always demonstrated great 

18   leadership in everything that she did.

19                Every now and then, I think, you get 

20   asked, Do you have any women mentors that you 

21   look up to and have mentored?  And I have three.  

22   The first two are my two daughters, Elizabeth and 

23   Carolyn, who I mentor and have learned so much 

24   from the way they conduct their lives, their 

25   independence and all -- and the third is sitting 


                                                               4786

 1   up in our gallery, Kate Hogan.  

 2                She is, beyond her professional 

 3   career, a great wife, a great mother to her three 

 4   children, a great cousin -- and she has oodles of 

 5   them -- but more than that, a great friend and a 

 6   great community person.  She has just been a 

 7   valuable part of our community and a very 

 8   valuable part of my life.  Her mom was my very, 

 9   very best friend, and I know she's smiling at us.

10                Thank you.

11                ACTING PRESIDENT AKSHAR:   Senator 

12   Stewart-Cousins.

13                SENATOR STEWART-COUSINS:   Yes, 

14   thank you, Mr. President.

15                I rise to certainly congratulate all 

16   of the judges, but to especially congratulate the 

17   judge, Walter Rivera, from my district in 

18   Greenburgh.  Judge Rivera is such an outstanding 

19   example of accomplishment, of humility, of great 

20   discretion.  He is a role model for so many young 

21   people.  He himself grew up in humble beginnings 

22   and, through education and stick-to-itiveness, 

23   rose to become not only a lawyer but the first 

24   Puerto Rican judge, the first Hispanic judge in 

25   the Town of Greenburgh.  


                                                               4787

 1                He was telling me -- because I 

 2   wanted to chat with him a little bit about today, 

 3   and we were both marveling at how things actually 

 4   work out.  And one of the things that he said to 

 5   me is that under Attorney General Robert Abrams, 

 6   he served as assistant AG from 1981 to '85, and 

 7   he defended New York in the Court of Claims.  

 8                Walter at that time was so 

 9   impressive that the late Honorable Gerard 

10   Weisberg, who sat on the Court of Claims from '79 

11   to '94, told Walter that he would probably be 

12   back.  And today, because of who he is and what 

13   he has brought to this noble profession, he 

14   indeed is back.  

15                We will be sorry to lose Walter 

16   Rivera as the Greenburgh Town Court Justice, as 

17   one of them, but we will certainly as a state 

18   gain from the accomplishments of this great, 

19   great man.  So I am so happy the prediction was 

20   right.  It is certainly something that will 

21   benefit the entire State of New York.  

22                Congratulations to you, Walter, and 

23   your family.  Thank you for serving us so 

24   proudly.

25                ACTING PRESIDENT AKSHAR:   Thank 


                                                               4788

 1   you, Senator.

 2                Senator Marcellino.

 3                SENATOR MARCELLINO:   Thank you, 

 4   Mr. President.

 5                I rise to speak about a friend of 

 6   20 years, Sandy Berland.  He is the husband of an 

 7   accomplished woman, a councilperson on the 

 8   Huntington Town Board, currently running for 

 9   higher office.  Hope you fail.  Hope you stay on 

10   the town board, because we need you there.  We 

11   need you in that place.

12                But Sandy's got the personality, the 

13   intelligence and the wit to stand in a position 

14   and not try to steal the limelight from his 

15   spouse.  That's not an easy task.  He's 

16   accomplished it.  He knows the law, he's 

17   practiced it.  He knows how to resolve issues, 

18   and he knows how to make friends.  I don't know 

19   anybody that I've run into in the Town of 

20   Huntington that has a bad word to say about him.

21                So therefore I am pleased and proud 

22   to stand and second the nomination of Sanford 

23   Berland to the Court of Claims.  He'll do us 

24   proud.  

25                Be well, God bless, and good luck.


                                                               4789

 1                ACTING PRESIDENT AKSHAR:   Thank 

 2   you, Senator Marcellino.

 3                Senator Gianaris.

 4                SENATOR GIANARIS:   Thank you, 

 5   Mr. President.

 6                First of all, let me congratulate 

 7   the judges we've already confirmed, particularly 

 8   Mr. Melkonian, who I have known for many years 

 9   and is a fine gentleman.  

10                I rise today to speak about two of 

11   the nominees on this list, and I'll do this in 

12   alphabetical order, so as not to offend anyone.  

13   But Joe Risi is someone I have known for a couple 

14   of decades now.  He is a distinguished leader in 

15   the Queens legal community, particularly amongst 

16   the Long Island City lawyers.  He chaired our 

17   community board and has shown a great engagement 

18   in civic life in Queens for a long, long time.  

19                And for those of you who have been 

20   here long enough to remember my predecessor, he 

21   was George Onorato's counsel when George was here 

22   in the Senate, and so he has a special kinship to 

23   this body as a former employee and an all-around 

24   terrific guy.  So I am pleased to second his 

25   nomination.  


                                                               4790

 1                And, Joe, welcome and thank you.

 2                And I also need to say a few words 

 3   about Peter Vallone, Jr.  Peter and I entered 

 4   political life at the same time.  His father, of 

 5   course, has been in political life a long time, 

 6   and his grandfather before him.

 7                But I was elected to the State 

 8   Assembly the year before Peter was elected to the 

 9   City Council in New York.  And one of the -- you 

10   know, if you're around in elected office long 

11   enough, there's certain moments that stay etched 

12   in your memory.  And one was campaigning with 

13   Peter for the City Council on 9/11.  And we ended 

14   up making our way to the rooftop of the school 

15   building in Queens, which was the polling site, 

16   and watched the towers burn together on that day.  

17   Obviously, something that neither of us will ever 

18   forget.  

19                But that kicked off a 12-year period 

20   where he was representing our neighborhood in the 

21   city, and I was here in the state, and we worked 

22   together.  An incredible partnership.  He has 

23   since been elected to the Civil Court and now has 

24   the privilege of being nominated to be a judge on 

25   the Court of Claims.  


                                                               4791

 1                And I am incredibly confident that 

 2   he has the integrity and the intelligence and 

 3   experience to make us all proud of his 

 4   confirmation today.  And so I would also like to 

 5   second Peter's nomination, and great to see him 

 6   up here.  

 7                And I thank all my colleagues for 

 8   the opportunity to speak.

 9                ACTING PRESIDENT AKSHAR:   Thank 

10   you, Senator Gianaris.

11                Senator Breslin.

12                SENATOR BRESLIN:   Thank you very 

13   much, Mr. President.

14                First of all, I'd like to salute the 

15   Governor for renominating Frank Milano to the 

16   Court of Claims.  Frank has done an extremely 

17   good job.  He's a wonderful lawyer and highly 

18   respected among his peers, serving out of Albany 

19   County, basically.  But it's a great 

20   reappointment.

21                And as new appointments, it's hard 

22   to add on to what Senator Betty Little said about 

23   Kate Hogan, her mentee.  But I've watched Kate 

24   Hogan through her years, starting in 2001 when 

25   she became district attorney -- or, excuse me, 


                                                               4792

 1   Started with the district attorney's office in 

 2   Glens Falls.  But prior to that had done an 

 3   excellent job as a trial lawyer in the Kings 

 4   County District Attorney's office, but she wanted 

 5   to get home.  

 6                And over her 15-plus years as DA, 

 7   she has accomplished a great deal.  And if you 

 8   look at her resume, whatever she's done, it seems 

 9   as though she's become the chairman, the 

10   president, the head -- like, for example, the 

11   State District Attorneys Association, which she 

12   became president of.  She always assumes that 

13   leadership -- or I'm not so sure it isn't other 

14   people who determine she is our leader and will 

15   go to her.

16                But beyond that, her integrity, her 

17   work ethic, her knowledge of the law set her 

18   aside.  And I think that as my friend Betty 

19   Little said, we're going to read about Kate Hogan 

20   for years to come and her new accomplishments at 

21   a new level in the courtroom, as a court judge.

22                Thank you very much, and I salute 

23   the Governor.

24                ACTING PRESIDENT AKSHAR:   Thank 

25   you, Senator Breslin.


                                                               4793

 1                Senator Bailey.

 2                SENATOR BAILEY:   Thank you, 

 3   Mr. President.  

 4                I rise in support of not only a 

 5   constituent of mine, but an accomplished jurist 

 6   and also a fellow alumni of CUNY School of Law, 

 7   Ms. Edwina -- the Honorable Judge Edwina 

 8   Richardson-Mendelson.  

 9                In my time at the CUNY School of 

10   Law, I was a member of the Black Law Students 

11   Association, and she would come back to us.  And 

12   she was always giving back.  It wasn't about just 

13   her career as a jurist, it wasn't about just her 

14   career in Family Court or heading up the 

15   Family Court -- she really had a keen spirit of 

16   giving back.

17                And I believe that the Governor has 

18   made a wise choice in choosing her to be on the 

19   Court of Claims, where we need to make sure that 

20   we are defending the state.  And Governor Cuomo, 

21   you've chosen no finer constituent of mine than 

22   Judge Richardson-Mendelson.  

23                Thank you, Mr. President.

24                ACTING PRESIDENT AKSHAR:   Thank 

25   you, Senator Bailey.


                                                               4794

 1                Senator Comrie.

 2                SENATOR COMRIE:   Thank you, 

 3   Mr. President.

 4                I want to congratulate all of those 

 5   that are being reappointed and the new 

 6   appointments today.

 7                I rise to speak to Peter Vallone, 

 8   who is coming to the Court of Claims for the 

 9   first time.  

10                I had the honor to work with him in 

11   the County Council when we came in, the new 

12   group, in 2002, and from 2002 I had the honor to 

13   work with him in the City Council.  I know his 

14   diligence, his work ethic, his focus on making 

15   sure things were done right.  

16                He always was someone I could depend 

17   on to have a good argument with.  When he was 

18   with you, he was with you 100 percent of the way.  

19   And when he wasn't with you, you knew that as 

20   well.  

21                But he was a great colleague.  Our 

22   children were the same ages, so we had an 

23   opportunity to talk about a lot of similar things 

24   as parents growing up.  But you could always 

25   depend on Peter to be a person of conviction, a 


                                                               4795

 1   person that understood right from wrong, and a 

 2   person who was serious about getting it done 

 3   properly to make sure that the city benefited.

 4                I'm proud to know that he has had, 

 5   as a jurist so far, an excellent track record, 

 6   with many other people that have recommended his 

 7   behavior on the bench, his persistence and his 

 8   temperament.  And I'm glad to see that he is now 

 9   going to be a member of the Court of Claims.  

10                So congratulations, Pete.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT AKSHAR:   Thank 

13   you, Senator Comrie.

14                Senator Díaz.

15                SENATOR DÍAZ:   Thank you, 

16   Mr. President.

17                There are times in life when you 

18   have to recognize good talent and good things.  

19   And there are times in life when I criticize the 

20   Governor, and there are times in life when I 

21   praise the Governor.  Today I'm praising the 

22   Governor in these nine nominations, good 

23   nominations, especially when I see Peter Vallone, 

24   Jr., being nominated.  

25                Peter Vallone, Jr., comes from a 


                                                               4796

 1   very distinguished family in the City of 

 2   New York, very dedicated people to the community.  

 3   Especially I have to be grateful and recognize 

 4   and tell all of you things that you don't know 

 5   but you should know.  You should know that in 

 6   1992, Peter Vallone, Sr., who was the City 

 7   Council Speaker, nominated me to the Civilian 

 8   Complaint Review Board as a commissioner 

 9   representing Bronx County.  And I served on that 

10   commission thanks to Peter Vallone, Sr.

11                But not only that, you should also 

12   know that Peter Vallone, Sr., gave my son Ruben 

13   Díaz, Jr., his first job, as a messenger in the 

14   City Council.  And that opportunity that Peter 

15   Vallone, Sr., gave my son opened my son's 

16   appetite to politics.  And while he worked under 

17   the supervision of Peter Vallone, Sr., and those 

18   City Council members as a messenger, he learned 

19   politics and he learned the ins and outs.  And 

20   now my son Ruben Díaz, Jr., is the borough 

21   president of Bronx County.

22                And I have to appreciate that, and I 

23   have to thank and remember things that people do 

24   for you when you are starting.  And if my son 

25   Ruben Senator Díaz, Jr., today is Bronx borough 


                                                               4797

 1   president, I have to thank not only my lord and 

 2   savior Jesus Christ, but also Peter Vallone, 

 3   Sr., and those that helped him.

 4                And today I'm proud, I'm honored, I 

 5   praise my God for giving me the opportunity to 

 6   vote in favor of and to vote proudly in the 

 7   appointment of Peter Vallone, Jr., to this judge 

 8   seat.

 9                So congratulations, Peter Vallone, 

10   Jr.  Convey to your father my admiration for the 

11   family and for you.  And keep making us all 

12   proud, as you have done all your life with your 

13   family, and not only as an elected official but 

14   also building and promoting and giving young 

15   people opportunity.  Your family gave me one, 

16   they give one to my son, we appreciate that.  

17   Today we thank you, and today we congratulate 

18   you.

19                Thank you, Mr. President.

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Díaz, thank you.

22                Senator Stavisky.

23                SENATOR STAVISKY:   Thank you, 

24   Mr. President.

25                Right now there's a very proud 


                                                               4798

 1   mother and father sitting in Astoria, I think, 

 2   watching us today, and that's Peter Vallone, Sr.  

 3   I really should have mentioned his mother first, 

 4   Tina Vallone, a retired teacher.  I must say when 

 5   I was out campaigning with another brother, Paul 

 6   Vallone, apparently there were a lot of his 

 7   mother's former students living in the Bayside 

 8   area where he was running, remembering the 

 9   family.

10                So to the Vallones back in Astoria, 

11   I say congratulations.  And to the new Court of 

12   Claims judge Peter Vallone, Jr., and to the 

13   entire Vallone family, you have a rich tradition 

14   and each of the sons is carrying out the 

15   tradition that goes back to the Vallone 

16   grandfather, Charles Vallone, who served as a 

17   judge and after whom the Civil Court Building in 

18   Queens is named.  So I congratulate the Vallone 

19   family.  

20                But I would be remiss if I didn't 

21   also mention Joe Risi, because I sat right over 

22   there for about 10 years next to Senator Onorato.  

23   And I know that Joe Risi and Senator Onorato were 

24   very, very close friends.  And I know that George 

25   is smiling right now because Joe Risi has worked 


                                                               4799

 1   hard.  

 2                He has been doing one of the most 

 3   difficult jobs in the world -- without pay, no 

 4   less -- and that's chairing a community board, 

 5   where people from all walks of life, all kinds of 

 6   interests, come together with totally different 

 7   agendas and they try to work out agreements.  And 

 8   that's really what a judge is going to do also.  

 9                Joe Risi had been a Deputy 

10   Superintendent of Insurance at one time.  He was 

11   counsel to Senator Onorato when Senator Onorato 

12   was the ranking member on the Insurance 

13   Committee.  

14                So I congratulate all of the 

15   honorees, all of the judges, and I'm sure that 

16   they are going to make everybody proud.

17                Thank you, Mr. President.

18                ACTING PRESIDENT AKSHAR:   Thank 

19   you, Senator Stavisky.

20                Senator DeFrancisco to close.

21                SENATOR DeFRANCISCO:   Thank you, 

22   Mr. President.

23                I want to congratulate all the 

24   nominees and their relatives and friends that are 

25   here.  I know this is an exciting day.  


                                                               4800

 1                And you don't know how exciting it's 

 2   going to be once you become a Court of Claims 

 3   judge when you get to meet another Court of 

 4   Claims judge, John J. Brunetti.  John and I 

 5   practiced law together.  And I've been here 

 6   25 years, and he was appointed years and years 

 7   ago.  And I know how excited he was, his family 

 8   was, and what a wonderful job he's done.

 9                I want to commend the Governor on 

10   the appointments.  I've read all the resumes; 

11   everybody is eminently qualified and are going to 

12   make outstanding judges.  And I know how 

13   important that is, because I spent my 

14   professional life in the courtroom trying cases.  

15   And to have a good judge that's -- someone who's 

16   very conscious of how difficult it is to try 

17   cases and someone who gives everybody a fair 

18   shot, that's what everybody is looking for.  So 

19   congratulations to all of you.

20                I got a text from John Cirando, who 

21   some of you may know, who's on the committees, 

22   one or more of the committees to screen the 

23   various lawyers.  And he says "Court of Claims, 

24   Cerio re-up, Gordon Cuffy, first time, be good to 

25   them."


                                                               4801

 1                (Laughter.)

 2                SENATOR DeFRANCISCO:   That's what 

 3   my wife does too, she sends me various messages.  

 4                And I want to be good to both of 

 5   them.  Don Cerio, you've been a great judge, a 

 6   former DA.  And congratulations again.  

 7                And Gordon Cuffy, I just want to say 

 8   a couple of things.  Gordon is from Onondaga 

 9   County.  He was in private practice for a while 

10   and then ended up in the Attorney General's 

11   office.  And after that, the lead lawyer in 

12   Onondaga County, the County Attorney, and for the 

13   last couple of years has been general counsel to 

14   the Thruway Authority.  

15                An extremely well-qualified, classy 

16   individual.  It's exactly what we need in our 

17   neck of the woods on the Court of Claims.

18                So congratulations to all of you, 

19   and best of luck.  I know you're going to do a 

20   great job.

21                ACTING PRESIDENT AKSHAR:   Thank 

22   you, Senator DeFrancisco.

23                I'll recognize Senator Hannon.

24                SENATOR HANNON:   Thank you, 

25   Mr. President.


                                                               4802

 1                There are a number of nominees today 

 2   and confirmations today, of people I haven't seen 

 3   for a while -- and welcome back -- and new ones, 

 4   who I wish the best.  

 5                But there are some constituents in 

 6   the gallery.  And Judge, now Judge Carmen 

 7   St. George, congratulations.  But it's really 

 8   distinguished from your family -- not just your 

 9   daughters and your sisters and your father, but 

10   from your husband, who as a former opponent of 

11   mine bears the best title I could ever think of, 

12   which is Judge St. George.  So I appreciate that.  

13                I still look back at a wonderful 

14   campaign that we had.  We probably befuddled the 

15   entire electorate because we had these esoteric 

16   discussions and debates.  But I think it's 

17   typical of the quality of your family, typical of 

18   the quality of all the nominees and confirmations 

19   today.  

20                And congratulations and best wishes 

21   to everybody.  Thank you.

22                ACTING PRESIDENT AKSHAR:   Seeing no 

23   other members wishing to be heard, the question 

24   is on the nomination of those names read to be 

25   confirmed as new appointments to the Court of 


                                                               4803

 1   Claims.  

 2                All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT AKSHAR:   Opposed, 

 5   nay.

 6                (No response.)

 7                ACTING PRESIDENT AKSHAR:   The names 

 8   read are hereby appointed to the Court of Claims.

 9                (Standing ovation.)

10                ACTING PRESIDENT AKSHAR:   Senator 

11   DeFrancisco.

12                SENATOR DeFRANCISCO:   There will be 

13   an immediate meeting of the Finance Committee in 

14   Room 332 while we continue the noncontroversial 

15   reading.

16                ACTING PRESIDENT AKSHAR:   There's 

17   an immediate meeting of the Finance Committee in 

18   Room 332.

19                The Secretary will continue to read.

20                THE SECRETARY:   Calendar Number 

21   1878, by Senator Savino, Senate Print 4268, an 

22   act to amend the Public Health Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               4804

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1879, by Senator Carlucci, Senate Print 4298, an 

12   act to amend the Penal Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the first of November.

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, 62.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4805

 1   1880, substituted earlier by Member of the 

 2   Assembly Peoples-Stokes, Assembly Print 4711A, an 

 3   act in relation to deeming.

 4                ACTING PRESIDENT AKSHAR:   There is 

 5   a home-rule message at the desk.

 6                The Secretary will read the last 

 7   section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

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, 62.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1881, by Senator Ritchie, Senate Print 4589, an 

20   act to amend the Public Health Law.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 90th day.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               4806

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the results.  

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT AKSHAR:   Can I 

 7   have a little order in the house, please.

 8                 The bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   1882, by Senator Griffo, Senate Print 4616, an 

11   act to amend the Education Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  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, 62.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1884, by Senator Helming, Senate Print 4991A, an 


                                                               4807

 1   act to amend the Public Health Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  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, 62.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1885, by Senator Lanza, Senate Print 5081, an act 

16   in relation to.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  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 result.


                                                               4808

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1886, by Senator Robach, Senate Print 5131A, an 

 6   act to amend the Education Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of September.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the result.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1887, substituted earlier by Member of the 

21   Assembly Paulin, Assembly Print 6571, an act to 

22   amend the Public Service Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4809

 1   act shall take effect immediately.

 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, 62.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1888, by Senator Funke, Senate Print 5353, an act 

12   to amend the General Obligations Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Announce 

21   the result.

22                THE SECRETARY:   Ayes, 61.  Nays, 1.  

23   Senator DeFrancisco recorded in the negative.  

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is passed.


                                                               4810

 1                THE SECRETARY:   Calendar Number 

 2   1889, by Senator Murphy, Senate Print 5386, an 

 3   act to amend the Correction Law.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect on the 30th day.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Senator 

12   Hoylman to explain his vote.

13                SENATOR HOYLMAN:   Thank you, 

14   Mr. President.  

15                I just wanted my colleagues to note 

16   that this is the 48th sex offender bill that 

17   we've considered on the floor this year.  

18                We have about 48 hours, give or 

19   take, until the session is over, and I'm hopeful 

20   that we can move the Governor's Child Victims 

21   Act -- the same bill that passed the Assembly, 

22   the same bill that would lift the statute of 

23   limitations and provide real opportunity for 

24   justice for the survivors of child sexual abuse.  

25                I'll be voting yes.  Thank you, 


                                                               4811

 1   Mr. President.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Hoylman to be recorded in the affirmative.

 4                Announce the result.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1890, by Senator Ortt, Senate Print 5453, an act 

10   to amend the Retirement and Social Security 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:   Announce 

19   the result.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1891, by Senator Parker, Senate Print 5460, an 

25   act to amend the Public Authorities Law.


                                                               4812

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the 120th day.

 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, 62.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1892, substituted earlier by Member of the 

15   Assembly Gottfried, Assembly Print 7184A, an act 

16   to amend the Education Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  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 result.


                                                               4813

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1893, by Senator Avella, Senate Print 5522A, an 

 6   act to amend the Election Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  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:   Announce 

15   the results.

16                THE SECRETARY:   Ayes, 61.  Nays, 1.  

17   Senator DeFrancisco recorded in the negative.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1894, by Senator Latimer, Senate Print 5551, an 

22   act to authorize.

23                ACTING PRESIDENT AKSHAR:   There is 

24   a home-rule message at the desk.

25                The Secretary will read the last 


                                                               4814

 1   section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT AKSHAR:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT AKSHAR:   Announce 

 8   the result.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1895, substituted earlier by Member of the 

14   Assembly D'Urso, Assembly Print 6510A, an act to 

15   amend the Real Property Tax Law.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 62.


                                                               4815

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1896, by Senator DeFrancisco, Senate Print 5772, 

 5   an act to amend the General Municipal Law.

 6                ACTING PRESIDENT AKSHAR:   There is 

 7   no home-rule message present at the desk.  The 

 8   bill will be laid aside for the day.

 9                THE SECRETARY:   Calendar Number 

10   1897, by Senator Klein, Senate Print 5788, an act 

11   to amend the Public Housing Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  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, 62.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1898, by Senator Bonacic, Senate Print 5850, an 


                                                               4816

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

 2   Breeding Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Announce 

11   the result.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1899, by the Senate Committee on Rules, Senate 

17   Print 5872, an act to authorize.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                SENATOR ADDABBO:   Lay it aside.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   will be laid aside.

23                THE SECRETARY:   Calendar Number 

24   1900, substituted earlier by Member of the 

25   Assembly Pichardo, Assembly Print 7697, an act to 


                                                               4817

 1   amend the Education 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.  Nays, 1.  

12   Senator Ortt recorded in the negative.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1901, by Senator LaValle, Senate Print 5924, an 

17   act to amend Chapter 378 of the Laws of 2014.

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 


                                                               4818

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 1901, those recorded in the negative are 

 4   Senators Akshar, Croci, Ranzenhofer and Robach.

 5                Ayes, 58.  Nays, 4.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1902, substituted earlier by Member of the 

10   Assembly Jaffee, Assembly Print 7729, an act to 

11   amend the Education Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 180th day.

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, 62.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1903, substituted earlier by Member of the 


                                                               4819

 1   Assembly Schimminger, Assembly Print 4393, an act 

 2   to amend Chapter 413 of the Laws of 2003.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Announce 

11   the result.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1904, by Senator Akshar, Senate Print 5951A, an 

17   act to legalize, validate, ratify and confirm.

18                ACTING PRESIDENT AKSHAR:   There is 

19   no home-rule message present at the desk.  The 

20   bill will be laid aside for the day.

21                THE SECRETARY:   Calendar Number 

22   1905, by Senator Murphy, Senate Print 5962, an 

23   act to amend Chapter 297 of the Laws of 2016.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               4820

 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, 62.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1906, by Senator Seward, Senate Print 5984, an 

13   act to amend Chapter 560 of the Laws of 1998.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  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, 62.

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is passed.


                                                               4821

 1                THE SECRETARY:   Calendar Number 

 2   1907, substituted earlier by Member of the 

 3   Assembly Dinowitz, Assembly Print 7285, an act to 

 4   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 on the same date and in the 

 9   same manner as Part LL of a chapter of the Laws 

10   of 2017.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the result.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1908, substituted earlier by Member of the 

21   Assembly Kolb, Assembly Print 7766, an act to 

22   amend the Environmental Conservation Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4822

 1   act shall take effect immediately.

 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, 62.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1909, substituted earlier by Member of the 

12   Assembly Skartados, Assembly Print 8086, an act 

13   to amend the Election Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect January 1, 2018.

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, 62.

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is passed.


                                                               4823

 1                THE SECRETARY:   Calendar Number 

 2   1910, by Senator Seward, Senate Print --

 3                SENATOR DeFRANCISCO:   Lay the bill 

 4   aside for the day, please.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is laid aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   1911, by Senator Felder, Senate Print 6113, an 

 9   act to amend the Administrative Code of the City 

10   of New York.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the result.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1912, by Senator Golden, Senate Print 6140A, an 

25   act to amend the Retirement and Social Security 


                                                               4824

 1   Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 7.  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, 62.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1913, by Senator LaValle, Senate Print 6157B, an 

16   act to amend the Environmental Conservation Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the first of January.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Senator 

25   LaValle to explain his vote.


                                                               4825

 1                SENATOR LaVALLE:   Thank you, 

 2   Mr. President.  

 3                This is a bill that adds to the Pine 

 4   Barrens Preserve, the third Forest Preserve -- 

 5   the first being the Adirondacks, the Catskills, 

 6   and now the Pine Barrens, sponsored in 1993 by 

 7   myself and Assemblyman Tom DiNapoli, who now is 

 8   our Comptroller, and the Governor was Governor 

 9   Mario Cuomo.

10                Eleven hundred acres are being added 

11   to the core.  So that means these 1100 acres will 

12   be preserved, cannot be built on.  And it's a 

13   great thing for the people not only of 

14   Long Island but for the people of New York State.  

15                I vote aye.

16                ACTING PRESIDENT AKSHAR:   Senator 

17   LaValle to be recorded in the affirmative.

18                Announce the result.

19                THE SECRETARY:   Ayes, 60.  Nays, 2.  

20   Senators DeFrancisco and Ortt recorded in the 

21   negative.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1914, by Senator Parker, Senate Print 6160, an 


                                                               4826

 1   act to authorize.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 6.  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.  Nays, 1.  

12   Senator DeFrancisco recorded in the negative.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1915, by Senator O'Mara, Senate Print 6195A, an 

17   act to amend the Environmental Conservation Law.

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:   Senator 


                                                               4827

 1   Hoylman to explain his vote.

 2                SENATOR HOYLMAN:   Thank you, 

 3   Mr. President.

 4                I'll be voting in the negative.  I 

 5   understand the intention behind this bill, which 

 6   is to allow a new type of can-ring products.  But 

 7   the new rings that this bill envisions are to be 

 8   recyclable but not degradable, as current law 

 9   states.  

10                So I'll be voting in the negative.  

11   I don't think we should be loosening our laws 

12   around plastics that have a detrimental effect on 

13   wildlife in our oceans.  

14                Thank you.

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Hoylman to be recorded in the negative.

17                Announce the result.

18                THE SECRETARY:   Ayes, 61.  Nays, 1.  

19   Senator Hoylman recorded in the negative.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1916, by Senator Felder, Senate Print 6273, an 

24   act to amend the Education Law.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               4828

 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                ACTING PRESIDENT AKSHAR:   Announce 

 8   the result.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1917, by Senator Lanza, Senate Print 6291, an act 

14   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 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.  Nays, 1.  

25   Senator DeFrancisco recorded in the negative.


                                                               4829

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1918, by Senator Lanza, Senate Print 6302, an act 

 5   to enact.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Announce 

14   the result.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1919, by Senator Griffo, Senate Print 6338A, an 

20   act alienating.

21                ACTING PRESIDENT AKSHAR:   There is 

22   a home-rule message at the desk.

23                The Secretary will read the last 

24   section.

25                THE SECRETARY:   Section 6.  This 


                                                               4830

 1   act shall take effect immediately.

 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, 62.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1920, by Senator DeFrancisco, Senate Print 

12   6362A --

13                SENATOR ADDABBO:   Lay it aside.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is laid aside.

16                THE SECRETARY:   Senator Marchione 

17   moves to discharge, from the Committee on Rules, 

18   Assembly Bill Number 8042 and substitute it for 

19   the identical Senate Bill 6411, Third Reading 

20   Calendar 1921.

21                ACTING PRESIDENT AKSHAR:   The 

22   substitution is so ordered.  

23                The Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   1921, by Member of the Assembly McDonald, 


                                                               4831

 1   Assembly Print 8042, an act in relation to.

 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, 60.  Nays, 2.  

12   Senators Hoylman and Krueger recorded in the 

13   negative.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1922, by Senator Phillips, Senate Print 6420, an 

18   act to amend the Public Officers 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.)


                                                               4832

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Phillips to explain her vote.

 3                SENATOR PHILLIPS:   Thank you, 

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

 5                So this bill is designed to protect 

 6   those who are really the most vulnerable to 

 7   crime, victims of sexual abuse.  There is a case, 

 8   a convicted Level 3 sex offender is seeking 

 9   statements made by his child victims from the 

10   Nassau County DA's office under the Freedom of 

11   Information Law, and the Court of Appeals is 

12   going to hear the case in 2017.

13                Public disclosure of these sensitive 

14   records to the media, to sexual predators, 

15   abusive parents or cyber bullies, would only 

16   serve to cause these victims further undue harm.  

17                This expansion of FOIL is 

18   common-sense legislation, and I thank all my 

19   colleagues for their support of this important 

20   legislation.

21                Thank you.  I vote aye.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Phillips to be recorded in the affirmative.

24                Announce the result.

25                THE SECRETARY:   Ayes, 62.


                                                               4833

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1923, by Senator Croci, Senate Print 6517, an act 

 5   to amend the Education Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

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, 62.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1924, by Senator Flanagan, Senate Print 6545A, an 

20   act in relation to.

21                ACTING PRESIDENT AKSHAR:   There is 

22   a home-rule message present at the desk.

23                The Secretary will read the last 

24   section.

25                THE SECRETARY:   Section 6.  This 


                                                               4834

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Result.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1925, by Senator Griffo, Senate Print 6607B, an 

11   act to amend the Education Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  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.  Nays, 1.  

22   Senator Krueger recorded in the negative.  

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4835

 1   1926, by Senator Seward, Senate Print 6612A, an 

 2   act to amend the Insurance Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect on the 120th day.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Announce 

11   the result.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1927, by Senator Croci, Senate Print 6613, an act 

17   to amend the New York State Urban Development 

18   Corporation Act.

19                SENATOR DeFRANCISCO:   Lay the bill 

20   aside for the day, please.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   will be laid aside for the day.

23                THE SECRETARY:   Calendar Number 

24   1928, by Senator Ritchie, Senate Print 6635, an 

25   act to allow.


                                                               4836

 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:   Announce 

 9   the result.

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1929, by Senator Helming, Senate Print 6638, an 

15   act to amend the Workers' Compensation Law.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Announce 

24   the result.

25                THE SECRETARY:   Ayes, 62.


                                                               4837

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1930, by Senator Hannon, Senate Print 6656, an 

 5   act to amend the Public Health Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                SENATOR DeFRANCISCO:   Lay it aside 

14   for the day.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   will be laid aside for the day.

17                THE SECRETARY:   Calendar Number 

18   1931, substituted earlier by Member of the 

19   Assembly Lupardo, Assembly Print 7796, an act to 

20   amend the Elder Law.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately. 

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               4838

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the result.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1932, by Senator LaValle, Senate Print 6682, an 

10   act to amend the Environmental Conservation Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect January 1, 2018.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the result.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1933, by Senator Akshar, Senate Print 6684, an 

25   act to amend the Criminal Procedure Law.


                                                               4839

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the first of November.

 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, 62.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1934, by Senator Amedore, Senate Print 6689, an 

15   act to amend the Social Services Law.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 90th day.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Announce 

24   the result.

25                THE SECRETARY:   Ayes, 62.


                                                               4840

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1935, by Senator Amedore, Senate Print 6690, an 

 5   act to amend the Highway Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Announce 

14   the result.

15                THE SECRETARY:   Ayes, 62.  

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1936, substituted earlier by Member of the 

20   Assembly Gjonaj, Assembly Print 6658, an act to 

21   amend the State Technology Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect January 1, 2019.


                                                               4841

 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:   Ayes, 62.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1937, by Senator Little, Senate Print 6710A, an 

11   act to amend the Public Health Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  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, 62.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1938, by Senator Flanagan, Senate Print 6768, an 


                                                               4842

 1   act to amend the Education Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 6.  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:   In relation to 

12   Calendar 1938, those recorded in the negative are 

13   Senators Alcantara, Amedore, Hoylman and Murphy.

14                Ayes, 58.  Nays, 4.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                Senator DeFrancisco, that completes 

18   the noncontroversial reading of Supplemental 

19   Calendar 57A.

20                SENATOR DeFRANCISCO:   I believe we 

21   should at this point stand at ease until the 

22   return of the Finance Committee, which hopefully 

23   won't be too long from now.  Once they return, we 

24   will immediately get on with their nominations.

25                ACTING PRESIDENT AKSHAR:   The 


                                                               4843

 1   Senate will stand at ease as we wait for the 

 2   return of the Finance Committee.

 3                (Whereupon, the Senate stood at ease 

 4   at 5:16 p.m.)

 5                (Whereupon, the Senate reconvened at 

 6   6:20 p.m.)

 7                ACTING PRESIDENT CROCI:   The Senate 

 8   will come to order.  

 9                Senator DeFrancisco.  

10                SENATOR DeFRANCISCO:   Yes, there 

11   will be another Rules agenda coming up.  Also, 

12   some bills will be taken off the calendar to an 

13   active list.  We still have the nominees that are 

14   going to come out of the Finance Committee, if 

15   they come out of the Finance Committee, sometime 

16   today.  And there's new bills the other 

17   conferences and our conference have to take a 

18   look at.  

19                So what we're going to do is we're 

20   going to adjourn until 8:30 -- not adjourn, 

21   recess.  Recess, thank you.  I really want to 

22   adjourn.

23                (Laughter.)

24                SENATOR DeFRANCISCO:   We're going 

25   to recess until 8:30 this evening.  And just for 


                                                               4844

 1   the hell of it, I'll say it -- I know nobody will 

 2   listen -- 8:30 sharp.  That way we can get those 

 3   other elements done and go home at a reasonable 

 4   hour.  Thank you.

 5                ACTING PRESIDENT CROCI:   So the 

 6   Senate will stand at ease until 8:30, at which 

 7   time we will take up the remaining agendas.

 8                SENATOR DeFRANCISCO:   And what 

 9   we'll do when we get back here at 8:30, when 

10   everybody shows up at 9:30, then we'll start.

11                (Laughter.)

12                SENATOR DeFRANCISCO:   I'm kidding, 

13   I'm kidding.

14                ACTING PRESIDENT CROCI:   Senate 

15   will resume at 8:30.  

16                The Senate stands at ease.

17                (Whereupon, the Senate stood at ease 

18   at 6:22 p.m.)

19                (Whereupon, the Senate reconvened at 

20   8:39 p.m.)

21                ACTING PRESIDENT GRIFFO:   The 

22   Senate will come to session.

23                Senator Gianaris, would you like to 

24   rise and lead us in the pledge?  

25                (Laughter.)


                                                               4845

 1                SENATOR GIANARIS:   I would love to.  

 2   Can I?

 3                (Laughter.)

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   DeFrancisco.

 6                SENATOR DeFRANCISCO:   Is there a 

 7   report of the Finance Committee at the desk?

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   a report of the Finance Committee at the desk.

10                SENATOR DeFRANCISCO:   Could we 

11   please have it read.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Senator Young, from 

15   the Committee on Finance, reports the following 

16   confirmation:  

17                As executive director of the Justice 

18   Center for the Protection of People with Special 

19   Needs, Denise M. Miranda, of Mount Vernon. 

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   I move the 

23   nomination.

24                ACTING PRESIDENT GRIFFO:   The 

25   nomination of Denise M. Miranda for executive 


                                                               4846

 1   director of the Justice Center for the Protection 

 2   of People with Special Needs is before the house.  

 3   All in favor say aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT GRIFFO:   Opposed?  

 6                (No response.)

 7                ACTING PRESIDENT GRIFFO:   Denise M. 

 8   Miranda is hereby confirmed as the executive 

 9   director of the Justice Center for the Protection 

10   of People with Special Needs.

11                The Secretary will continue.

12                THE SECRETARY:   As director of the 

13   Authorities Budget Office, Jeffrey H. Pearlman, 

14   of Albany.  

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   Move the 

18   nomination.

19                ACTING PRESIDENT GRIFFO:   The 

20   nomination of Jeffrey H. Pearlman for the office 

21   of director of the Authorities Budget Office is 

22   before the house.  All in favor say aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT GRIFFO:   Opposed?  

25                (No response.)


                                                               4847

 1                ACTING PRESIDENT GRIFFO:   The 

 2   appointment of Jeffrey Pearlman as director of 

 3   the Authorities Budget Office has been confirmed 

 4   by the Senate.

 5                (Standing ovation.)

 6                ACTING PRESIDENT GRIFFO:   We want 

 7   to extend our congratulations, Jeff.  I know you 

 8   spent some time down here on the dais in the 

 9   past.  So good luck, and we look forward to 

10   working with you.  Continue doing good things.

11                The Secretary will read.

12                THE SECRETARY:   As a member of the 

13   New York State Gaming Commission, Robert L. 

14   Megna, of Albany.  

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Young.

17                SENATOR YOUNG:   Thank you, 

18   Mr. President.

19                I rise to nominate Robert L. Megna, 

20   of Albany, as a member of the New York State 

21   Gaming Commission.  

22                Mr. Megna is very well known to the 

23   Legislature, has worked in state government for 

24   many years.  And so I'd like to have this 

25   nomination advanced, if you could, Mr. President.


                                                               4848

 1                ACTING PRESIDENT GRIFFO:   The 

 2   question is on the appointment of Robert L. Megna 

 3   as a member of the New York State Gaming 

 4   Commission.  All in favor signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT GRIFFO:   Opposed?  

 7                (No response.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco.  

10                SENATOR DeFRANCISCO:   I'm going to 

11   vote aye, but I'm a little concerned about this 

12   nominee, since he can't seem to hold a job.  

13                (Laughter.)

14                SENATOR DeFRANCISCO:   He's had 

15   every job in the State of New York, and maybe 

16   he's got a couple left, but I'm glad he's doing 

17   this one.  

18                Thank you.  I vote aye.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Bonacic.

21                SENATOR BONACIC:   This is on the 

22   confirmation of Bob Megna.

23                We had Mr. Megna appear before the 

24   Racing and Wagering Committee.  I've been 

25   impressed with all of the outstanding positions 


                                                               4849

 1   he's held in state government.  And for him to 

 2   take the time to bring all of that experience to 

 3   the Gaming Commission, he'll bring a new look to 

 4   it and he'll bring added intelligence.  

 5                I gladly support his nomination.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   question is on, again, the confirmation of Robert 

 9   L. Megna as a member of the New York State Gaming 

10   Commission.  All in favor say aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT GRIFFO:   Opposed?  

13                (No response.)

14                ACTING PRESIDENT GRIFFO:   Robert L. 

15   Megna is appointed and confirmed as a member of 

16   the New York State Gaming Commission.

17                The Secretary will continue.

18                THE SECRETARY:   As commissioner of 

19   the Division of Homeland Security and Emergency 

20   Services, Roger Parrino, Sr., of Queens.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Young.

23                SENATOR YOUNG:   Thank you, 

24   Mr. President.  

25                It truly is a privilege to make this 


                                                               4850

 1   nomination today.  He has appeared in front of 

 2   the Finance Committee.  I cannot think of a 

 3   better resume for this position.  His background 

 4   is in law enforcement and homeland security 

 5   issues; he spent time overseas in service to our 

 6   country.  And truly we are very blessed to have 

 7   somebody with that type of background who will be 

 8   able to protect the people of New York State.  

 9                So it is with great enthusiasm that 

10   I rise in support and make this nomination.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Croci.

13                SENATOR CROCI:   Thank you, 

14   Mr. President.

15                I'm rising today to support the 

16   nomination of Roger Parrino for commissioner of 

17   the Division --

18                ACTING PRESIDENT GRIFFO:   Excuse 

19   me, Senator Croci.  

20                Can I have some order in the house, 

21   please.  

22                Senator Croci.

23                SENATOR CROCI:   -- to support the 

24   nomination of Roger Parrino for the commissioner 

25   of the Division of Homeland Security and 


                                                               4851

 1   Emergency Services.  

 2                In addition to what my colleague 

 3   Senator Young said, this is somebody who 

 4   understands what the consequences of a terrorist 

 5   attack on the United States are.  He understands 

 6   that New York suffered disproportionately on 

 7   September 11, 2001.  And I believe his experience 

 8   not only in law enforcement in New York's finest, 

 9   but also in federal service at the Department of 

10   Homeland Security, will if in any effect give us 

11   an additional resource, and that is a tremendous 

12   amount of human capital to ensure that if it is 

13   possible to prevent an attack in this state, that 

14   we have an individual there who has the 

15   experience, who has the knowhow, and beyond that 

16   has the desire to serve the people of New York in 

17   this very difficult capacity.  

18                So I congratulate him.  I welcome 

19   him back into state service.  And we look forward 

20   to working with him for our residents.  

21                Thank you very much.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Bonacic.

24                SENATOR BONACIC:   Thank you, 

25   Mr. President.


                                                               4852

 1                I've been listening to Senator Croci 

 2   for quite some time when he deals with homeland 

 3   security issues, and one of the areas that we're 

 4   all particularly concerned with is cyber security 

 5   and hacking of our systems.  And I would hope 

 6   that, Roger, when you get into this new position, 

 7   that you will look to beef up safeguards in 

 8   cybersecurity measures.  

 9                I wholeheartedly support the 

10   nomination of this gentleman.

11                Thank you, Mr. President.

12                ACTING PRESIDENT GRIFFO:   The 

13   question is on the nomination of Roger Parrino, 

14   Sr., as commissioner of the Division of Homeland 

15   Security and Emergency Services.  All in favor 

16   signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT GRIFFO:   Opposed?  

19                (No response.)

20                ACTING PRESIDENT GRIFFO:   Roger 

21   Parrino, Sr., has been confirmed as commissioner 

22   of the Division of Homeland Security and 

23   Emergency Services.  

24                Commissioner, congratulations.

25                (Standing ovation.)


                                                               4853

 1                ACTING PRESIDENT GRIFFO:    

 2   Commissioner, we congratulate you.  We extend our 

 3   best wishes and look forward to working with you.

 4                The Secretary will continue.

 5                THE SECRETARY:   As commissioner of 

 6   the State Insurance Fund, Ryan P. Delgado, of 

 7   Watervliet. 

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Young.

10                SENATOR YOUNG:   Thank you, 

11   Mr. President.  

12                I'm very happy tonight to advance 

13   the name of Ryan P. Delgado, of Watervliet, as 

14   commissioner of the State Insurance Fund.  And I 

15   look forward to having him confirmed.

16                ACTING PRESIDENT GRIFFO:   The 

17   question is on the nomination of Ryan P. Delgado 

18   as commissioner of the State Insurance Fund.  All 

19   in favor signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT GRIFFO:   Opposed?  

22                (No response.)

23                ACTING PRESIDENT GRIFFO:   Ryan P. 

24   Delgado has been confirmed as commissioner of the 

25   New York State Insurance Fund.


                                                               4854

 1                The Secretary will continue.

 2                THE SECRETARY:   As member of the 

 3   Niagara Frontier Transportation Authority, Bonita 

 4   R. Durand, Ph.D., of Buffalo.  

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Young.

 7                SENATOR YOUNG:   Thank you, 

 8   Mr. President.

 9                And again, I put forward the name of 

10   Bonita R. Durand, Ph.D., of Buffalo.  This is a 

11   reappointment to the Niagara Frontier 

12   Transportation Authority.  It's a very, very 

13   significant agency in Western New York.  And I 

14   have confidence that she'll continue to do the 

15   job.  

16                So thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   The 

18   question is on the nomination of Bonita R. 

19   Durand, as a member of the Niagara Frontier 

20   Transportation Authority.  All in favor signify 

21   by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT GRIFFO:   Opposed?  

24                (No response.)

25                ACTING PRESIDENT GRIFFO:   Bonita R. 


                                                               4855

 1   Durand is hereby confirmed as a member of the 

 2   Niagara Frontier Transportation Authority.  

 3                The Secretary will continue.

 4                THE SECRETARY:   As a member of the 

 5   Stewart Airport Commission, Louis Heimbach, of 

 6   Warwick. 

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Young.

 9                SENATOR YOUNG:   Thank you, 

10   Mr. President.

11                Again, this is a very highly 

12   qualified person and it speaks --

13                ACTING PRESIDENT GRIFFO:   Can I 

14   have some order in the house, please.

15                SENATOR YOUNG:   It speaks the 

16   greatest that Senator Larkin, who represents 

17   Stewart Air Force Base, enthusiastically advanced 

18   the nomination in the Finance Committee of this 

19   individual.  And that gives me great confidence 

20   and comfort in that it has the endorsement of 

21   Senator Larkin.  

22                So thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   The 

24   question is on the nomination of Louis Heimbach 

25   as a member of the Stewart Airport Commission.  


                                                               4856

 1   All in favor say aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT GRIFFO:   Opposed?  

 4                (No response.)

 5                ACTING PRESIDENT GRIFFO:   Louis 

 6   Heimbach is hereby confirmed as a member of the 

 7   Stewart Airport commission.

 8                The Secretary will continue.

 9                THE SECRETARY:   As a member of the 

10   Ogdensburg Bridge and Port Authority, Chris 

11   Coffin,  of Ogdensburg.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Young.

14                SENATOR YOUNG:   Thank you, 

15   Mr. President.  

16                Chris Coffin, of Ogdensburg, 

17   actually is being newly appointed as a member of 

18   the Ogdensburg Bridge and Port Authority.  

19                And therefore I again am very happy 

20   to advance this nomination.

21                ACTING PRESIDENT GRIFFO:   The 

22   question is on the nomination of Chris Coffin as 

23   a member of the Ogdensburg Bridge and Port 

24   Authority.  All in favor say aye.

25                (Response of "Aye.")


                                                               4857

 1                ACTING PRESIDENT GRIFFO:   Opposed?  

 2                (No response.)

 3                ACTING PRESIDENT GRIFFO:   Chris 

 4   Coffin is hereby confirmed as a member of the 

 5   Ogdensburg Bridge and Port Authority.

 6                The Secretary will continue.

 7                THE SECRETARY:   As members of the 

 8   Metropolitan Transportation Authority:  Fernando 

 9   Ferrer, of the Bronx; Susan Metzger, Ph.D., of 

10   Warwick; Scott Rechler, of Old Brookville; Scott 

11   Rechler, of Old Brookville; Polly Trottenberg, of 

12   Brooklyn; and Carl Weisbrod, of New York.  

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Young.

15                SENATOR YOUNG:   Thank you, 

16   Mr. President.

17                I am advancing the nominations of 

18   these individuals.  

19                I do want to point out, if the 

20   members are looking at their agenda, it says 

21   "Scott Rechler" twice, one new appointment and 

22   one reappointment, and I wanted to explain that.  

23   He is finishing a term to 6/30/2017 and then 

24   getting a new term to 2023.  So if anybody had 

25   any questions about that, that should answer 


                                                               4858

 1   those.

 2                Obviously, with the MTA board we 

 3   always have lots of questions.  And at some time 

 4   in the future perhaps we could actually have the 

 5   members come in to answer some of the members' 

 6   questions.  However, we received these 

 7   nominations very late, and it would be difficult 

 8   to get them to Albany at this time.  But we want 

 9   to have a continued discussion about the MTA for 

10   sure.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Rivera.

13                SENATOR RIVERA:   Thank you, 

14   Mr. President.

15                I just wanted to very briefly --

16                ACTING PRESIDENT GRIFFO:   Can I 

17   have some order, please.

18                SENATOR RIVERA:   I'd actually like 

19   to very briefly address what Senator Young just 

20   said.  

21                And I just want to underline the 

22   fact that we are trying to do -- we're two 

23   separate aisles, but we're trying to do the best 

24   that we can with what we've been given.  I've had 

25   conversations with, for example, Senator Griffo 


                                                               4859

 1   about how at the very end we are getting so many 

 2   nominations that when we, under normal 

 3   circumstances, would see many of these folks, 

 4   have an opportunity to talk to them, to really 

 5   get deep into -- I mean, just talk about the MTA 

 6   for a second.  Obviously, many issues.  It would 

 7   be great if we could actually discuss it with 

 8   them and see what their vision is for how we're 

 9   going to make the system better.  And 

10   unfortunately, we do not have that opportunity.  

11                I would encourage anyone who is 

12   listening who has anything to do with getting us 

13   nominations in a timely fashion, to do so in the 

14   future because it would actually be helpful to 

15   the process that we're trying to undergo here.  

16   We have more than one branch, and it would be 

17   great if we could actually take some time to go 

18   through these nominations carefully, to consider 

19   them carefully.  

20                It's kind of an outrage, 

21   Mr. President, and I know that you agree with me 

22   on this as well, that we don't get these 

23   nominations in a timely fashion.

24                Thank you, Mr. President.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4860

 1   question is on the nomination of the individuals 

 2   read for positions as members of the Metropolitan 

 3   Transportation Authority.  All in favor say aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT GRIFFO:   Opposed?  

 6                (No response.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   individuals read are hereby confirmed as members 

 9   of the Metropolitan Transportation Authority.

10                The Secretary will continue.  

11                THE SECRETARY:   As nonvoting 

12   members of the Metropolitan Transportation 

13   Authority:  Andrew Albert, of New York, and 

14   Randolph Glucksman, of West Nyack. 

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Young.

17                SENATOR YOUNG:   Thank you, 

18   Mr. President.

19                We are advancing tonight these two 

20   appointments.  Andrew Albert is a reappointment 

21   as a nonvoting member of the Metropolitan 

22   Transportation Authority, while Randolph 

23   Glucksman, of West Nyack, is a new appointment.

24                Thank you, Mr. President.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4861

 1   question is on the individuals read as nonvoting 

 2   members of the Metropolitan Transportation 

 3   Authority.  All in favor say aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT GRIFFO:   Opposed?  

 6                (No response.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   individuals listed are hereby confirmed as 

 9   nonvoting members of the Metropolitan 

10   Transportation Authority.  

11                The Secretary will continue.

12                THE SECRETARY:   As members of the 

13   Capital District Transportation Authority:  

14   Michael J. Criscione, of Albany, and Jaclyn 

15   Mancini, of Schenectady.  

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Young.

18                SENATOR YOUNG:   Thank you, 

19   Mr. President.  

20                I rise to advance the nominations.  

21   These are both new appointments to the Capital 

22   District Transportation Authority.  Those who 

23   live in areas with transportation authorities 

24   know that they're very important to the quality 

25   of life and economy of the locals, the people 


                                                               4862

 1   that they serve.  So I believe very strongly that 

 2   we should confirm these individuals.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   question is on the individuals listed and read as 

 6   members of the Capital District Transportation 

 7   Authority.  All in favor say aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:   The 

12   individuals as read are hereby confirmed as 

13   members of the Capital District Transportation 

14   Authority.

15                The Secretary will continue.

16                THE SECRETARY:   As members of the 

17   Central New York Regional Transportation 

18   Authority:  Tina Fitzgerald, of Syracuse; Brian 

19   M. Schultz, of Fayetteville; and Louella 

20   Williams, of Syracuse.  

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Young.

23                SENATOR YOUNG:   Thank you, 

24   Mr. President.

25                It's great that we are filling these 


                                                               4863

 1   appointments tonight.  Tina Fitzgerald, of 

 2   Syracuse, is a new appointment, and being 

 3   reappointed are Brian Schultz and Louella 

 4   Williams.  And Brian Schultz hails from 

 5   Fayetteville; Louella Williams is from Syracuse.  

 6                And therefore I would encourage an 

 7   aye vote on these nominees.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   question is on the members that have been read as 

10   nominees to the Central New York Regional 

11   Transportation Authority.  All in favor say aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT GRIFFO:   Opposed?  

14                (No response.)

15                ACTING PRESIDENT GRIFFO:   The 

16   individuals as read are hereby confirmed as 

17   members of the Central New York Regional 

18   Transportation Authority.

19                The Secretary will continue.

20                THE SECRETARY:   As members of the 

21   Rochester-Genesee Regional Transportation 

22   Authority:  William J. Ansbrow, of Rochester; 

23   Jerdine L. Johnson, of Rochester; and William P. 

24   McDonald, of Rochester.  

25                As commissioners of the Port 


                                                               4864

 1   Authority of New York and New Jersey:  Leecia 

 2   Eve, of New York; Daniel Horwitz, of Brooklyn; 

 3   Gary LaBarbera, of Wantagh; George McDonald, of 

 4   New York; and Rosanna Rosado, of White Plains. 

 5                As major generals in the New York 

 6   Army National Guard:  Steven Ferrari, of 

 7   Sickerville, New Jersey; and Raymond F. Shields, 

 8   Jr., of Saratoga Springs.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Young.

11                SENATOR YOUNG:   Thank you, 

12   Mr. President.

13                Again, we have another regional 

14   transportation authority, one I'm very familiar 

15   with since it also serves my Senate district.  

16                We have commissioners of the Port 

17   Authority of New York and New Jersey.  These are 

18   key positions for our region and our state, and 

19   we have individuals who are highly qualified who 

20   have been nominated by the Governor, so I commend 

21   him on that.  

22                And the major generals in the 

23   New York State Army National Guard also are 

24   highly qualified, and I know that because 

25   Senator Larkin says that he knows both of them 


                                                               4865

 1   very well and he fully commends and recommends 

 2   them.  

 3                So thank you, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   question is on the individuals that have been 

 6   read for the positions that have so been 

 7   designated.  All in favor signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:   The 

12   individuals as read by the Secretary for the 

13   positions listed, both as the Rochester-Genesee 

14   Regional Transportation Authority, the Port 

15   Authority of New York and New Jersey, and the 

16   major generals of the New York Army National 

17   Guard, are hereby confirmed.

18                The Secretary will continue.

19                THE SECRETARY:   As members of the 

20   Board of Visitors of the New York State Home for 

21   Veterans and their Dependents at St. Albans:  

22   Elizabeth R. Carr, of Kew Gardens; Angelo 

23   LoMonaco, of Franklin Square; and Denis J. 

24   McEneaney, of Broad Channel.

25                As members of the Board of Visitors 


                                                               4866

 1   of the New York State Home for Veterans and their 

 2   Dependents at Batavia:  Gerald J. Diskin, of 

 3   LeRoy; Anthony M. Ferrarese, of Rochester; 

 4   Wallace J. Kornow, of Oakfield; Mary Ann O'Coin, 

 5   of Rochester; Richard G. Oleksyn, of Rochester; 

 6   and Joan F. Staats, of Stafford. 

 7                As members of the Board of Visitors 

 8   of the New York State Home for Veterans and Their 

 9   Dependents at Montrose:  Daniel Griffin, of White 

10   Plains; William T. Mahan, of New City; Freemont 

11   Reif, of Mohegan Lake; Gerald C. Walsh, of 

12   Haverstraw; and Katherine A. Ward-Buckley, of 

13   Blauvelt. 

14                As members of the Board of Visitors 

15   of the New York State Home for Veterans and Their 

16   Dependents at Oxford:  Louisa Mary Platt, of 

17   Westword, and William E. Randall, II, of 

18   Marathon. 

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Young.

21                SENATOR YOUNG:   Thank you, 

22   Mr. President.

23                I commend all of these nominees for 

24   these boards of visitors.  And the reason is is 

25   that they are unpaid positions, they're strictly 


                                                               4867

 1   volunteer.  And as you can see from the list, 

 2   they're all reappointments, which says that these 

 3   individuals are committed to service.  

 4                So I advance their names, 

 5   Mr. President.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   question is on the nominees that have been read 

 8   for the positions listed.  All in favor signify 

 9   by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT GRIFFO:   The 

14   nominees are hereby confirmed as read for the 

15   respective positions as designated.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Does that 

18   complete the nominations?  

19                ACTING PRESIDENT GRIFFO:   That does 

20   complete the nominations before the house.

21                SENATOR DeFRANCISCO:   In that case, 

22   can we please go to motions and resolutions.

23                ACTING PRESIDENT GRIFFO:   We will 

24   return to motions and resolutions.

25                SENATOR DeFRANCISCO:   On page 42, I 


                                                               4868

 1   offer the following amendments to Calendar 1124, 

 2   Print Number 6318, by Senator Hannon, and ask 

 3   that said bill retain its place on the Third 

 4   Reading Calendar.  

 5                ACTING PRESIDENT GRIFFO:   The 

 6   amendments are received, and the bill shall 

 7   retain its place on third reading.

 8                SENATOR DeFRANCISCO:   If we can now 

 9   go back to Senate Supplemental Calendar 57A, and 

10   there's two bills that were laid aside that, by 

11   unanimous consent, we'd like to take them up as 

12   if they were noncontroversial.  That's 1899 and 

13   1920.

14                ACTING PRESIDENT GRIFFO:   Calendar 

15   Numbers 1899 and 1920 will be before the house 

16   noncontroversial, without objection.

17                Without objection, it is so ordered, 

18   and the Secretary will read, noncontroversial.

19                THE SECRETARY:   Calendar Number 

20   1899, by the Senate Committee on Rules, Senate 

21   Print 5872, an act to authorize.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4869

 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 1899, those recorded in the negative are 

 8   Senators Akshar, Alcantara, Avella, Bailey, 

 9   Benjamin, Bonacic, Breslin, Brooks, Carlucci, 

10   Comrie, Dilan, Gianaris, Griffo, Hamilton, 

11   Hoylman, Kennedy, Klein, Krueger, Montgomery, 

12   Ortt, Peralta, Ranzenhofer, Rivera, Sanders, 

13   Squadron, Stewart-Cousins and Valesky.  

14                Ayes, 35.  Nays, 27.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1920, by Senator DeFrancisco, Senate Print 6362A, 

19   an act to amend the Executive Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect April 1, 2018.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4870

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 1920, those recorded in the negative are 

 6   Senators Addabbo, Alcantara, Bailey, Benjamin, 

 7   Breslin, Brooks, Comrie, Díaz, Dilan, Gianaris, 

 8   Hoylman, Kaminsky, Kennedy, Krueger, Latimer, 

 9   Montgomery, Peralta, Rivera, Sanders, Squadron, 

10   Stavisky and Stewart-Cousins.  Also 

11   Senator Savino.  Also Senator Persaud.  Also 

12   Senator Avella.  

13                Ayes, 37.  Nays, 25.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Yes, to give 

18   you a little preview of what's to come, we're 

19   going to call an immediate meeting of the Rules 

20   Committee.  Upon completing that, we're coming 

21   back to deal with two things:  The Rules 

22   Committee bills and also another supplemental 

23   calendar, supplemental active list.  There's a 

24   copy up there, and it's published on your 

25   machines.  And then we'll be done for the day.  


                                                               4871

 1                So the sooner everyone, including 

 2   Senator Lanza, gets to the Rules Committee, the 

 3   quicker we will get done.  

 4                (Reaction from members.)

 5                SENATOR DeFRANCISCO:   We're at 

 6   ease, at ease.

 7                ACTING PRESIDENT GRIFFO:   Immediate 

 8   meeting of the Rules Committee in Room 332, 

 9   immediate meeting of the Rules Committee in 

10   Room 332.  

11                The Senate stands at ease.

12                (Whereupon, the Senate stood at ease 

13   at 9:08 p.m.)

14                (Whereupon, the Senate reconvened at 

15   9:24 p.m.)

16                ACTING PRESIDENT GRIFFO:   The 

17   Senate will come to order.

18                Senator DeFrancisco.

19                SENATOR DeFRANCISCO:   Can we return 

20   to motions and resolutions, please.

21                ACTING PRESIDENT GRIFFO:   We will 

22   return to motions and resolutions.  

23                I'd ask for some order in the house, 

24   please.

25                Senator DeFrancisco.


                                                               4872

 1                SENATOR DeFRANCISCO:   On page 10, I 

 2   offer the following amendments to Calendar 1927, 

 3   Senate Print 6613, by Senator Croci, and ask that 

 4   said bill retain its place on the Third Reading 

 5   Calendar.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   amendments are received, and the bill shall 

 8   retain its place on third reading.

 9                SENATOR DeFRANCISCO:   Is there a 

10   Rules report at the desk?  

11                ACTING PRESIDENT GRIFFO:   There is 

12   a Rules Committee report at the desk.  

13                The Secretary will read.

14                THE SECRETARY:   Senator Flanagan, 

15   from the Committee on Rules, reports the 

16   following bills:  

17                Senate Print 193, by Senator 

18   Marchione, an act to amend the Executive Law; 

19                Senate 616, by Senator Boyle, an act 

20   to amend the Executive Law; 

21                Senate 830, by Senator Young, an act 

22   to amend the Penal Law; 

23                Senate 926, by Senator Croci, an act 

24   to amend the Executive Law; 

25                Senate 1053, by Senator Akshar, an 


                                                               4873

 1   act to amend the New York City Civil Court Act; 

 2                Senate 1154, by Senator Ortt, an act 

 3   to amend the Criminal Procedure Law; 

 4                Senate 1764, by Senator Golden, an 

 5   act to amend the Public Health Law; 

 6                Senate 2117, by Senator Ritchie, an 

 7   act to amend the Workers' Compensation Law; 

 8                Senate 2274, by Senator Breslin, an 

 9   act to amend the Education Law; 

10                Senate 2483A, by Senator LaValle, an 

11   act to amend the Education Law; 

12                Senate 2553, by Senator LaValle, an 

13   act to amend the Education Law; 

14                Senate 2596, by Senator Ranzenhofer, 

15   an act to amend the Real Property Tax Law; 

16                Senate 2949A, by Senator Ritchie, an 

17   act to amend the Correction Law;

18                Senate 3930A, by Senator Breslin, an 

19   act to amend the Education Law; 

20                Senate 3994, by Senator Seward, an 

21   act to amend the Penal Law;

22                Senate 4058B, by Senator Little, an 

23   act to amend the Private Housing Finance Law; 

24                Senate 4383A, by Senator Alcantara, 

25   an act to study; 


                                                               4874

 1                Senate 4477A, by Senator Akshar, an 

 2   act to amend the Highway Law; 

 3                Senate 4542B, by Senator Little, an 

 4   act to amend the Parks, Recreation and Historic 

 5   Preservation Law;

 6                Senate 4631, by Senator Ranzenhofer, 

 7   an act to amend the Environmental Conservation 

 8   Law;

 9                Senate 5189, by Senator Young, an 

10   act to amend the Environmental Conservation Law; 

11                Senate 5265, by Senator Golden, an 

12   act to amend Chapter 376 of the Laws of 1998; 

13                Senate 5438, by Senator Golden, an 

14   act to amend the Public Officers Law; 

15                Senate 5571, by Senator Hannon, an 

16   act to amend the State Finance Law; 

17                Senate 5711, by Senator Marcellino, 

18   an act to amend the Environmental Conservation 

19   Law;

20                Senate 5745, by Senator Boyle, an 

21   act to amend the Environmental Conservation Law; 

22                Senate 5821, by Senator Golden, an 

23   act to amend the Administrative Code of the City 

24   of New York; 

25                Senate 5892, by Senator Klein, an 


                                                               4875

 1   act to amend the Real Property Tax Law; 

 2                Senate 6097A, by Senator Golden, an 

 3   act to amend the Retirement and Social Security 

 4   Law;

 5                Senate 6110B, by Senator Kaminsky, 

 6   an act authorizing;

 7                Senate 6348, by Senator Robach, an 

 8   act to amend the State Finance Law; 

 9                Senate 6406, by Senator Lanza, an 

10   act to amend the Criminal Procedure Law; 

11                Senate 6482, by Senator Avella, an 

12   act to amend the Environmental Conservation Law; 

13                Senate 6483, by Senator Avella, an 

14   act to amend the Environmental Conservation Law; 

15                Senate 6487, by Senator Avella, an 

16   act to amend the Environmental Conservation Law; 

17                Senate 6521A, by Senator Hamilton, 

18   an act relating to permitting;

19                Senate 6581, by Senator Golden, an 

20   act to amend the Education Law; 

21                Senate 6619, by Senator Lanza, an 

22   act to amend the Education Law; 

23                Senate 6646, by Senator Akshar, an 

24   act to amend the Retirement and Social Security 

25   Law; 


                                                               4876

 1                Senate 6655, by Senator Hannon, an 

 2   act to amend the Public Health Law; 

 3                Senate 6665, by Senator Seward, an 

 4   act to amend the Insurance Law; 

 5                Senate 6669, by Senator Amedore, an 

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

 7   Breeding Law; 

 8                Senate 6671, by Senator Golden, an 

 9   act to amend the Real Property Tax Law; 

10                Senate 6675, by Senator Amedore, an 

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

12   Breeding Law; 

13                Senate 6676, by Senator Serino, an 

14   act to amend the Elder Law; 

15                Senate 6698, by Senator Young, an 

16   act to authorize; 

17                Senate 6704, by Senator Seward, an 

18   act to amend the Insurance Law; 

19                Senate 6735, by Senator Klein, an 

20   act to direct; 

21                Senate 6757, by Senator Brooks, an 

22   act to authorize; 

23                And Senate 6783, by Senator Helming, 

24   an act to create.

25                All bills reported direct to third 


                                                               4877

 1   reading.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   DeFrancisco, I'll entertain a motion.

 4                SENATOR DeFRANCISCO:   Yes, I move 

 5   to accept the report of the Rules Committee.

 6                ACTING PRESIDENT GRIFFO:   All in 

 7   favor of accepting the Committee on Rules report 

 8   signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   The 

13   Committee on Rules report is accepted and before 

14   the house.

15                SENATOR DeFRANCISCO:   May we return 

16   to messages from the Assembly.

17                ACTING PRESIDENT GRIFFO:   Messages 

18   from the Assembly.  

19                The Secretary will read.

20                THE SECRETARY:   Senator Breslin 

21   moves to discharge, from the Committee on 

22   Education, Assembly Bill Number 1377 and 

23   substitute it for the identical Senate Bill 2274, 

24   Third Reading Calendar 1943.

25                Senator LaValle moves to discharge, 


                                                               4878

 1   from the Committee on Rules, Assembly Bill Number 

 2   7467 and substitute it for the identical Senate 

 3   Bill 2553, Third Reading Calendar 1945.

 4                Senator Breslin moves to discharge, 

 5   from the Committee on Rules, Assembly Bill Number 

 6   3926A and substitute it for the identical Senate 

 7   Bill 3930A, Third Reading Calendar 1948.

 8                Senator Little moves to discharge, 

 9   from the Committee on Rules, Assembly Bill Number 

10   5616B and substitute it for the identical Senate 

11   Bill 4058B, Third Reading Calendar 1950.

12                Senator Akshar moves to discharge, 

13   from the Committee on Rules, Assembly Bill Number 

14   3922A and substitute it for the identical Senate 

15   Bill Number 4477A, Third Reading Calendar 1952.

16                Senator Little moves to discharge, 

17   from the Committee on Rules, Assembly Bill Number 

18   1584C and substitute it for the identical Senate 

19   Bill 4542B, Third Reading Calendar 1953.

20                Senator Marcellino moves to 

21   discharge, from the Committee on Rules, Assembly 

22   Bill Number 8274 and substitute it for the 

23   identical Senate Bill 5711, Third Reading 

24   Calendar 1959.

25                Senator Boyle moves to discharge, 


                                                               4879

 1   from the Committee on Rules, Assembly Bill Number 

 2   8277 and substitute it for the identical Senate 

 3   Bill 5745, Third Reading Calendar 1960.

 4                Senator Golden moves to discharge, 

 5   from the Committee on Rules, Assembly Bill Number 

 6   7988 and substitute it for the identical 

 7   Senate Bill 5821, Third Reading Calendar 1961.

 8                Senator Lanza moves to discharge, 

 9   from the Committee on Codes, Assembly Bill Number 

10   7439 and substitute it for the identical 

11   Senate Bill 6406, Third Reading Calendar 1966.

12                Senator Avella moves to discharge, 

13   from the Committee on Rules, Assembly Bill Number 

14   7938 and substitute it for the identical Senate 

15   Bill 6482, Third Reading Calendar 1967.

16                Senator Avella moves to discharge, 

17   from the Committee on Rules, Assembly Bill 

18   Number 8271 and substitute it for the identical 

19   Senate Bill 6483, Third Reading Calendar 1968.

20                Senator Avella moves to discharge, 

21   from the Committee on Rules, Assembly Bill Number 

22   8272 and substitute it for the identical 

23   Senate Bill 6487, Third Reading Calendar 1969.

24                Senator Hamilton moves to discharge, 

25   from the Committee on Rules, Assembly Bill Number 


                                                               4880

 1   8148B and substitute it for the identical 

 2   Senate Bill 6521A, Third Reading Calendar 1970.

 3                Senator Golden moves to discharge, 

 4   from the Committee on Rules, Assembly Bill Number 

 5   8262 and substitute it for the identical 

 6   Senate Bill 6581, Third Reading Calendar 1971.

 7                And Senator Helming moves to 

 8   discharge, from the Committee on Rules, 

 9   Assembly Bill Number 8013A and substitute it for 

10   the identical Senate Bill 6783, Third Reading 

11   Calendar 1984.

12                ACTING PRESIDENT GRIFFO:   The 

13   substitutions are so ordered.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   Now I'd like 

16   to take up the noncontroversial reading of the 

17   supplemental active list, starting with 

18   Calendar 50, by Senator Croci.

19                ACTING PRESIDENT GRIFFO:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 50, 

22   by Senator Croci, Senate Print 946A, an act to 

23   amend the Civil Service Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4881

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 30th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 83, 

10   by Senator Klein, Senate Print 2650, an act to 

11   amend the Penal Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 8.  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 83, those recorded in the negative are 

23   Senators Bailey, Hoylman, Krueger, Montgomery, 

24   Parker, Persaud and Rivera.

25                Ayes, 55.  Nays, 7.


                                                               4882

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   On page 57, Senator 

 4   Marcellino moves to discharge, from the Committee 

 5   on Rules, Assembly Bill Number 6523D and 

 6   substitute it for the identical Senate Bill 

 7   1296C, Third Reading Calendar 121.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   substitution is so ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   121, by Member of the Assembly Montesano, 

13   Assembly Print 6523D, an act authorizing.

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, 60.  Nays, 2.  

22   Senators Akshar and Bonacic recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4883

 1                THE SECRETARY:   Calendar Number 

 2   226, by Senator Avella, Senate Print 1487, an act 

 3   to amend the Real Property Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   345, by Senator Marchione, Senate Print 4068A, an 

16   act to amend the Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   In relation to 

25   Calendar 345, those recorded in the negative are 


                                                               4884

 1   Senators Hoylman, Krueger, LaValle and 

 2   Marcellino.

 3                Ayes, 58.  Nays, 4.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   418, by Senator Little, Senate Print 5141B, an 

 8   act to amend the Private Housing Finance 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, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   573, by Senator Murphy, Senate Print 328, an act 

21   to amend the General Municipal Law.

22                ACTING PRESIDENT GRIFFO:   There is 

23   a home-rule message at the desk.

24                The Secretary will read the last 

25   section.


                                                               4885

 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.  Nays, 1.  

 7   Senator Kaminsky recorded in the negative.  

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   646, by Senator Hannon, Senate Print 2543A, an 

12   act to amend the Public Health Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 13.  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                ACTING PRESIDENT GRIFFO:   Senator 

21   Hoylman to explain his vote.

22                SENATOR HOYLMAN:   Thank you, 

23   Mr. President.  

24                I wanted to thank the sponsor for 

25   this legislation.


                                                               4886

 1                You know, e-cigarette use, which 

 2   legislation regulates moving forward in terms of 

 3   indoor and outdoor usage, has doubled in the last 

 4   two years from about 10 percent to 20 percent 

 5   among high school users.  E-cigarettes are 

 6   addictive, they contain nicotine, and we still 

 7   don't know a lot of impacts that currently are 

 8   under research.

 9                So I want to congratulate my 

10   colleague for bringing this bill forward and, 

11   most importantly, bringing it to the floor.  I 

12   vote aye.

13                ACTING PRESIDENT GRIFFO:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   On page 26, Senator 

19   LaValle moves to discharge, from the Committee on 

20   Rules, Assembly Bill Number 967 and substitute it 

21   for the identical Senate Bill 1625, Third Reading 

22   Calendar 744.

23                ACTING PRESIDENT GRIFFO:   The 

24   substitution is so ordered.

25                The Secretary will read.


                                                               4887

 1                THE SECRETARY:   Calendar Number 

 2   744, by Member of the Assembly Glick, Assembly 

 3   Print 967, an act to amend the State Finance  

 4   Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   LaValle to explain his vote.

14                SENATOR LaVALLE:   Thank you, 

15   Mr. President.

16                I just want to point out to the 

17   members -- and I know this bill is very important 

18   to each and every member who has capital projects 

19   either in CUNY or in SUNY.  This is the second 

20   time that we're sending a five-year capital plan 

21   to the Governor.  He vetoed it a couple of years 

22   ago.  

23                This time, with the pressure of the 

24   Excelsior Program, I think the Governor might 

25   have some different feelings on the bill.  And I 


                                                               4888

 1   hope the Governor will sign this bill.  And as 

 2   you saw, we did a substitution, so it's now going 

 3   on to the Governor's desk.

 4                I vote aye.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   LaValle to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   799, by Senator Hannon, Senate Print 5502A, an 

13   act to authorize.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.  Nays, 2.  

22   Senators Akshar and Bonacic recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4889

 1                THE SECRETARY:   Calendar Number 

 2   1052, by Senator Akshar, Senate Print 4120A, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   1082, by Senator Golden, Senate Print 223, an act 

16   to amend the Election Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.  Nays, 1.  

25   Senator DeFrancisco recorded in the negative.


                                                               4890

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1114, by Senator Phillips, Senate Print 5830B, an 

 5   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:   In relation to 

14   Calendar 1114, those recorded in the negative are 

15   Senators Akshar, Bonacic and Ortt.

16                Ayes, 59.  Nays, 3.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                Calendar Number 1147 has been 

20   amended today and is high and therefore 

21   ineligible for consideration.

22                Calendar 1182 is before the house.

23                THE SECRETARY:   On page 47, Senator 

24   Stewart-Cousins moves to discharge, from the 

25   Committee on Investigations and Government 


                                                               4891

 1   Operations, Assembly Bill Number 6387 and 

 2   substitute it for the identical Senate Bill 1757, 

 3   Third Reading Calendar 1182.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   substitution is ordered.

 6                The Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   1182, by Member of the Assembly Pretlow, Assembly 

 9   Print Number 6387, an act to amend the Tax Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT GRIFFO:   Announce 

18   the results.

19                THE SECRETARY:   In relation to 

20   Calendar 1182, those recorded in the negative are 

21   Senators Akshar, Brooks, Croci, Funke, Hannon, 

22   Helming, Kaminsky, Lanza, LaValle, Ortt and 

23   Young.

24                Ayes, 51.  Nays, 11.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4892

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   1246, by Senator Golden --

 4                SENATOR DeFRANCISCO:   Lay the bill 

 5   aside for the day.

 6                ACTING PRESIDENT GRIFFO:   Lay it 

 7   aside for the day.

 8                THE SECRETARY:   Calendar Number 

 9   1305, by Senator Kennedy, Senate Print 681, an 

10   act to amend the Penal Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  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, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   1483, by Senator Bonacic, Senate Print 5312, an 

23   act to authorize.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4893

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   In relation to 

 7   Calendar 1483:  Ayes, 60.  Nays, 2.  Senators 

 8   DeFrancisco and Funke recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   passes.

11                THE SECRETARY:   Calendar Number 

12   1581, by Senator Little, Senate Print 6662, an 

13   act to amend the Multiple Dwelling Law.

14                SENATOR GIANARIS:   Lay it aside.

15                ACTING PRESIDENT GRIFFO:   Lay it 

16   aside.

17                THE SECRETARY:   On page 58, Senator 

18   Larkin moves to discharge, from the Committee on 

19   Rules, Assembly Bill Number 8062A and substitute 

20   it for the identical Senate Bill 6404A, Third 

21   Reading Calendar 1668.

22                ACTING PRESIDENT GRIFFO:   The 

23   substitution is so ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               4894

 1   1668, by Member of the Assembly Skartados, 

 2   Assembly Print 8062A, an act to amend Chapter 54 

 3   of the Laws of 2016.

 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, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   1678, by Senator Phillips, Senate Print 6601B, an 

16   act in relation to permitting.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.  Nays, 2.  

25   Senators Akshar and Bonacic recorded in the 


                                                               4895

 1   negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                And, Senator DeFrancisco, that 

 5   completes the noncontroversial reading of today's 

 6   supplemental active list.

 7                SENATOR DeFRANCISCO:   Next I'd like 

 8   to do the noncontroversial reading of Senate 

 9   Supplemental Calendar 57B, which is the summary 

10   of bills that we just went to the Rules Committee 

11   on.

12                ACTING PRESIDENT GRIFFO:  The 

13   Secretary will begin reading Senate Supplemental 

14   Calendar 57B, noncontroversial.  

15                THE SECRETARY:   Calendar Number 

16   1781, by Senator Marchione, Senate Print 193, an 

17   act to amend the Executive 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, 62.


                                                               4896

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1819, by Senator Boyle, Senate Print 616, an act 

 5   to amend the Executive Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 12.  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, 62.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   1826, by Senator Young, Senate Print 830, an act 

18   to amend the Penal Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 8.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4897

 1                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 2   Senator Montgomery recorded in the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   1883, by Senator Croci, Senate Print 926, an act 

 7   to amend the Executive 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, 62.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   1939, by Senator Akshar, Senate Print 1053, an 

20   act to amend the New York City Civil Court Act.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 5.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4898

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                THE SECRETARY:   Calendar Number 

 7   1940, by Senator Ortt, Senate Print 1154, an act 

 8   to amend the Criminal Procedure 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, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   1941, by Senator Golden, Senate Print 1764, an 

21   act to amend the Public Health Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               4899

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   1942, by Senator Ritchie, Senate Print 2117, an 

 9   act to amend the Workers' Compensation 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, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   1943, substituted earlier by Member of the 

22   Assembly McDonald, Assembly Print 1377, an act to 

23   amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4900

 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, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   1944, by Senator LaValle, Senate Print 2483A, an 

11   act to amend the Education Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect April 1, 2018.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   passes.

22                THE SECRETARY:   Calendar Number 

23   1945, substituted earlier by Member of the 

24   Assembly Gunther, Assembly Print 7467, an act to 

25   amend the Education Law.


                                                               4901

 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, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   passes.

11                THE SECRETARY:   Calendar Number 

12   1946, by Senator Ranzenhofer, Senate Print 2596, 

13   an act to amend the Real Property Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   1947, by Senator Ritchie, Senate Print 2949A, an 


                                                               4902

 1   act to amend the Correction 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, 62.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   1948, substituted earlier by Member of the 

14   Assembly Fahy, Assembly Print 3926A, an act to 

15   amend the Education Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               4903

 1                THE SECRETARY:   Calendar Number 

 2   1949, by Senator Seward, Senate Print 3994, an 

 3   act to amend the Penal 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, 60.  Nays, 2.  

12   Senators Krueger and Montgomery recorded in the 

13   negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   1950, substituted earlier by Member of the 

18   Assembly Ramos, Assembly Print 5616B, an act to 

19   amend the Private Housing Finance Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 4.  This 

23   act shall take effect on the 180th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4904

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   1951, by Senator Alcantara, Senate Print 4383A, 

 7   an act to study.

 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.  Nays, 1.  

16   Senator Akshar recorded in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   1952, substituted earlier by Member of the 

21   Assembly Crouch, Assembly Print 3922A, an act to 

22   amend the Highway Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4905

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   passes.

 8                THE SECRETARY:   Calendar Number 

 9   1953, substituted earlier by Member of the 

10   Assembly Woerner, Assembly Print 1584C, an act to 

11   amend the Parks, Recreation and Historic 

12   Preservation Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 6.  This 

16   act shall take effect January 1, 2018.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Senators Krueger, 

21   Marchione and Sanders recorded in the negative.  

22                Ayes, 59.  Nays, 3.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   passes.

25                THE SECRETARY:   Calendar Number 


                                                               4906

 1   1954, by Senator Ranzenhofer, Senate Print 4631, 

 2   an act to amend the Environmental Conservation 

 3   Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   1955, by Senator Young, Senate Print 5189, an act 

16   to amend the Environmental Conservation Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Announce 

25   the results.


                                                               4907

 1                THE SECRETARY:   In relation to 

 2   Calendar 1955, those recorded in the negative are 

 3   Senators Bailey, Benjamin, Boyle, Breslin, 

 4   Brooks, Comrie, Gianaris, Hoylman, Kaminsky, 

 5   Kennedy, Krueger, LaValle, Montgomery, Parker, 

 6   Rivera, Sanders, Squadron and Stavisky.  Also 

 7   Senator Persaud.  

 8                Ayes, 43.  Nays, 19.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1956, by Senator Golden, Senate Print 5265, an 

13   act to amend Chapter 376 of the Laws of 1998.

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, 62.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1957, by Senator Golden, Senate Print 5438, an 


                                                               4908

 1   act to amend the Public Officers Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   In relation to 

10   Calendar 1957, those recorded in the negative are 

11   Senators Alcantara, Bailey, Benjamin, Dilan, 

12   Hamilton, Hoylman, Krueger, Montgomery, Parker, 

13   Persaud, Rivera, Sanders and Squadron.  

14                Ayes, 49.  Nays, 13.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   1958, by Senator Hannon, Senate Print 5571, an 

19   act to amend the State Finance 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.


                                                               4909

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   1959, substituted earlier by Member of the 

 7   Assembly Hunter, Assembly Print 8274, an act to 

 8   amend the Environmental Conservation 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.  Nays, 1.  

17   Senator LaValle recorded in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   1960, substituted earlier by Member of the 

22   Assembly Sepulveda, Assembly Print 8277, an act 

23   to amend the Environmental Conservation Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4910

 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:   In relation to 

 7   Calendar 1960, those recorded in the negative are 

 8   Senators Croci, LaValle and Robach.

 9                Ayes, 59.  Nays, 3.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   1961, substituted earlier by Member of the 

14   Assembly Abbate, Assembly Print 7988, an act to 

15   amend the Administrative Code of the City of 

16   New York.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 5.  This 

20   act shall take effect July 1, 2017.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4911

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   1962, by Senator Klein, Senate Print 5892, an act 

 4   to amend the Real Property Tax Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 5.  This 

 8   act shall take effect on the first of January.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   1963, by Senator Golden, Senate Print 6097A, an 

17   act to amend the Retirement and Social Security 

18   Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4912

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   1964, by Senator Kaminsky, Senate Print 6110B, an 

 6   act authorizing.

 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, 62.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   1965, by Senator Robach, Senate Print 6348, an 

19   act to amend the State Finance 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.


                                                               4913

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   1966, substituted earlier by Member of the 

 7   Assembly Walker, Assembly Print 7439, an act to 

 8   amend the Criminal Procedure 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, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1967, substituted earlier by Member of the 

21   Assembly D'Urso, Assembly Print 7938, an act to 

22   amend the Environmental Conservation Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4914

 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.  Nays, 1.  

 6   Senator LaValle recorded in the negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   1968, substituted earlier by Member of the 

11   Assembly Pellegrino, Assembly Print 8271, an act 

12   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.  Nays, 1.  

21   Senator LaValle recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   1969, substituted earlier by Member of the 


                                                               4915

 1   Assembly Barrett, Assembly Print 8272, an act to 

 2   amend the Environmental Conservation 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.  Nays, 1.  

11   Senator LaValle recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1970, substituted earlier by Member of the 

16   Assembly Ortiz, Assembly Print 8148B, an act 

17   relating to permitting.

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, 62.


                                                               4916

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   1971, substituted earlier by Member of the 

 5   Assembly Simon, Assembly Print 8262, an act to 

 6   amend the Education 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, 62.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   1972, by Senator Lanza, Senate Print 6619, an act 

19   to amend the Education 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.


                                                               4917

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   1973, by Senator Akshar, Senate Print 6646, an 

 7   act to amend the Retirement and Social Security 

 8   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, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   1974, by Senator Hannon, Senate Print 6655, 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.


                                                               4918

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   1975, by Senator Seward, Senate Print 6665, an 

 9   act to amend the Insurance 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, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   1976, by Senator Amedore, Senate Print 6669, an 

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

23   Breeding Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               4919

 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                ACTING PRESIDENT GRIFFO:   Results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 1976, those recorded in the negative are 

 9   Senators Brooks, Díaz, Dilan, Hoylman, Krueger, 

10   Sanders and Squadron.

11                Ayes, 55.  Nays 7.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   1977, by Senator Golden, Senate Print 6671, an 

16   act to amend the Real Property Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.  Nays, 2.  

25   Senators Hoylman and Krueger recorded in the 


                                                               4920

 1   negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   1978, by Senator Amedore, Senate Print 6675, an 

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

 7   Breeding Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

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

16   Senators Krueger, Marchione and Tedisco recorded 

17   in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1979, by Senator Serino, Senate Print 6676, an 

22   act to amend the Elder Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4921

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1980, by Senator Young, Senate Print 6698, an act 

10   to authorize.

11                ACTING PRESIDENT GRIFFO:   There is 

12   a home-rule message at the desk.

13                The Secretary will read the last 

14   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, 62.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1981, by Senator Seward, Senate Print 6704, an 

25   act to amend the Insurance Law.


                                                               4922

 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, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1982, by Senator Klein, Senate Print 6735, an act 

13   to direct.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately. 

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.  Nays, 2.  

22   Senators Akshar and Hannon recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   And the 

25   bill is passed.


                                                               4923

 1                THE SECRETARY:   Calendar Number 

 2   1983, by Senator Brooks, Senate Print 6757, an 

 3   act to authorize.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read the 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                ACTING PRESIDENT GRIFFO:   Results.

12                THE SECRETARY:   Ayes, 60.  Nays, 2.  

13   Senators Funke and O'Mara recorded in the 

14   negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                Senator Gianaris.

18                SENATOR GIANARIS:   Mr. President, 

19   please give your hearty congratulations to 

20   Senator Brooks, who just passed his first bill in 

21   the Senate.

22                (Enthusiastic standing ovation.)

23                ACTING PRESIDENT GRIFFO:    

24   Congratulations, Senator Brooks.

25                The Secretary will continue.


                                                               4924

 1                THE SECRETARY:   Calendar Number 

 2   1984, substituted earlier by Member of the 

 3   Assembly Morelle, Assembly Print 8013A, an act to 

 4   create.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Helming to explain her vote.

14                SENATOR HELMING:  Thank you, 

15   Mr. President.

16                This bill would establish a 

17   $90 million flood recovery and severe storm grant 

18   program for small businesses, farms, owners of 

19   multiple dwellings, owners of residences, 

20   neighborhood associations, not-for-profit 

21   corporations, and municipalities that have 

22   sustained direct physical flood-related damage as 

23   a result of flooding caused by the raised level 

24   of Lake Ontario, the St. Lawrence River, Seneca 

25   Lake, the Seneca River, the Oswego River, the 


                                                               4925

 1   Oneida River, Oneida Lake, and Cross Lake.

 2                Under this program, which is similar 

 3   to the highly successful one enacted in 2011 for 

 4   Tropical Storms Lee and Irene, affected persons 

 5   and entities will be eligible to receive grants 

 6   from the Empire State Development Corporation.

 7                ACTING PRESIDENT GRIFFO:   Excuse 

 8   me, Senator Helming.  Excuse me.  

 9                Can I have some order in the house, 

10   please.

11                Senator Helming, please continue.

12                SENATOR HELMING:   Thank you.  

13                This bill would further allow for 

14   grants for a 2017 severe windstorm that hit 

15   Monroe County and a 2015 flood event in 

16   Western New York.  

17                It would also establish an 

18   interagency response team to assist in the 

19   development and implementation of the grant 

20   programs established by this act, and to provide 

21   for a coordinated state response to the flooding 

22   and its effects.  

23                Finally, this would further 

24   establish a Lake Ontario and Connected Waterways 

25   Assessment Relief Act.  


                                                               4926

 1                This is a very important piece of 

 2   legislation that will significantly help 

 3   individuals, families, businesses and 

 4   municipalities, and I strongly urge my colleagues 

 5   to support it.  

 6                I will be voting in the affirmative.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Helming to be recorded in the affirmative.

10                Senator Young to explain her vote?

11                SENATOR YOUNG:   No.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will announce the results.

14                THE SECRETARY:   Ayes, 61.  Nays, 1.  

15   Senator Young recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                SENATOR YOUNG:   No, I was passing 

19   on speaking.  

20                But I do want to say that, first of 

21   all, I commend Senator Helming for her leadership 

22   in this matter.  

23                And also, this bill establishes a 

24   grant program for three of my counties that were 

25   seriously harmed by flooding two years ago.  


                                                               4927

 1   We've been fighting very hard over the past two 

 2   years to get the funding in place so that we 

 3   could help some of the most fiscally challenged 

 4   communities in the entire state.

 5                So I'm very happy that we finally 

 6   were able to get this done, and I want to say 

 7   thank you to all of my colleagues for your 

 8   support.

 9                Thank you.

10                ACTING PRESIDENT GRIFFO:    

11   Reannounce the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                Senator DeFrancisco, that completes 

16   the noncontroversial reading of Senate 

17   Supplemen -- Senate Supplemental Calendar 57B.

18                SENATOR DeFRANCISCO:   That's easy 

19   for you to say.  

20                (Laughter.)

21                SENATOR DeFRANCISCO:   We have one 

22   bill on the supplemental active list that was 

23   laid aside.  That's Senate Print 6662, Senator 

24   Little.  By unanimous consent, we'd like to take 

25   that up, noncontroversial.


                                                               4928

 1                ACTING PRESIDENT GRIFFO:   Without 

 2   objection, hearing none, it is so ordered.  The 

 3   Secretary will read, noncontroversial.

 4                THE SECRETARY:   Calendar Number 

 5   1581, by Senator Little, Senate Print 6662, an 

 6   act to amend the Multiple Dwelling Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 8.  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                So this is a one-house bill, so it's 

19   just between friends.  But this would actually be 

20   the equivalent of a three-smokestack bill if you 

21   were following environmental language for 

22   affordable housing in the City of New York.  It 

23   would actually change the formula for when an 

24   apartment was deregulated so you could be living 

25   in an apartment, it could hit the max, and it 


                                                               4929

 1   could actually be decontrolled or deregulated 

 2   while you were there.  

 3                This would be a shocking change in 

 4   policy.  For some reason, somebody is under the 

 5   impression this is just a grammatical fix for a 

 6   law we've already passed several years ago.  It 

 7   is not a grammatical fix, it is doing extreme 

 8   damage to the affordability of hundreds of 

 9   thousands of units in the City of New York.

10                It also claims to do something under 

11   Loft Law, extending from two years to four years 

12   the registering of interim buildings.  

13                There is an effort by loft tenants 

14   to change Loft Law.  This is not it.  This is not 

15   what they're asking for.  And I'm advised that 

16   the bill they were hoping to see this year 

17   absolutely won't be coming to the floor of the 

18   Senate.

19                So it's ten after 10:00 the night 

20   before the end of session, perhaps, and it's a 

21   one-house bill that somebody likes.  I think it's 

22   one particular housing association, the RSA.  But 

23   it would be terrible public policy.  So thank 

24   goodness we don't have to worry about it becoming 

25   the law of New York State.  


                                                               4930

 1                I vote no, Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Krueger to be recorded in the negative.

 4                It's the night before the night 

 5   before, hopefully.

 6                Senator Squadron.

 7                SENATOR SQUADRON:   Thank you, 

 8   Mr. President.  

 9                In addition to the points Senator 

10   Krueger made, which I want to associate myself 

11   with -- and they're absolutely true when it comes 

12   to rent regulation -- this bill also fails to 

13   deal with significant issues that loft tenants 

14   and potential loft tenants are having in the City 

15   of New York.  They need not just an extension of 

16   the existing law, but some corrections to real 

17   problems made in the past.  This also fails to do 

18   that.  

19                And, you know, I wish we were seeing 

20   a bill here nearly in the eleventh hour, 

21   certainly in the second or third to last day of 

22   session that (A) had a chance of becoming law and 

23   (B) more importantly, actually helped those 

24   people it was impacting instead of hurting them 

25   for some reason that I don't understand.  


                                                               4931

 1                A whole lot of us represent New York 

 2   City, a whole lot of us represent tenants in 

 3   New York City.  And this is the opposite of what 

 4   those tenants need.  

 5                So I'm a no on behalf of loft 

 6   tenants, on behalf of rent-regulated tenants, on 

 7   behalf of the City of New York, because they're 

 8   the ones being damaged if this bill had any 

 9   chance of becoming law, which it doesn't.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Squadron to be recorded in the negative.  

13                Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar 1581, those recorded in the negative are 

16   Senators Addabbo, Alcantara, Bailey, Benjamin, 

17   Breslin, Brooks, Díaz, Dilan, Gianaris, Hamilton, 

18   Hoylman, Kaminsky, Krueger, Latimer, Montgomery, 

19   Parker, Peralta, Persaud, Rivera, Sanders, 

20   Squadron, Stavisky and Stewart-Cousins.  

21                Ayes, 39.  Nays, 23.  

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                Senator DeFrancisco, that concludes 

25   the noncontroversial reading of the active list 


                                                               4932

 1   from earlier today.

 2                SENATOR DeFRANCISCO:   Yes.  

 3                Sometimes I joke around in the 

 4   chambers, but very seriously, I want to thank 

 5   Senator Valesky and Senator Gianaris and all the 

 6   members.  We covered a lot of ground today 

 7   because everyone participated and everyone 

 8   cooperated, and I want to sincerely thank all of 

 9   them.

10                With that said, is there any further 

11   business at the desk?

12                ACTING PRESIDENT GRIFFO:   There is 

13   no further business.

14                SENATOR DeFRANCISCO:   In that case, 

15   would you please recognize Senator Gianaris.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Gianaris.

18                SENATOR GIANARIS:   Thank you, 

19   Mr. President.

20                For scheduling purposes, tomorrow 

21   morning there will be a Democratic conference at 

22   9:30 in the morning in the Democratic Conference 

23   Room.

24                ACTING PRESIDENT GRIFFO:   There 

25   will be a Democratic conference in the Democratic 


                                                               4933

 1   Conference Room at 9:30 a.m.

 2                SENATOR DeFRANCISCO:   At 9:30 a.m. 

 3   tomorrow in Room 332, there will be a Republican 

 4   conference.  And anyone late is fined $50.  

 5                (Reaction from members.)

 6                ACTING PRESIDENT GRIFFO:    

 7   Republican conference tomorrow at 9:30 a.m. 

 8   sharp, in Room 332.

 9                SENATOR DeFRANCISCO:   And I move to 

10   adjourn until tomorrow at 11:00 a.m.

11                ACTING PRESIDENT GRIFFO:   On 

12   motion, the Senate will stand adjourned until 

13   Tuesday, June 20th, at 11:00 a.m.  

14                The Senate is adjourned.

15                (Whereupon, at 10:14 p.m., the 

16   Senate adjourned.)

17

18

19

20

21

22

23

24

25