[{"id":null,"timestamp":"Thu Jun 23 12:12:00 UTC 2011","location":"ALBANY, NEW YORK","session":"REGULAR SESSION","text":"\n 1 NEW YORK STATE SENATE\n\n 2 \n\n 3 \n\n 4 THE STENOGRAPHIC RECORD\n\n 5 \n\n 6 \n\n 7 \n\n 8 \n\n 9 ALBANY, NEW YORK\n\n10 June 23, 2011\n\n12 \n\n13 \n\n14 REGULAR SESSION\n\n15 \n\n16 \n\n17 \n\n18 LIEUTENANT GOVERNOR ROBERT J. DUFFY, President\n\n19 FRANCIS W. PATIENCE, Secretary\n\n20 \n\n21 \n\n22 \n\n23 \n\n24 \n\n25 \n\n\f 5928\n\n 1 P R O C E E D I N G S\n\n 2 THE PRESIDENT: The Senate will \n\n 3 come to order. \n\n 4 Please stand and join me in the \n\n 5 Pledge of Allegiance.\n\n 6 (Whereupon, the assemblage \n\n 7 recited the Pledge of Allegiance to the \n\n 8 Flag.)\n\n 9 THE PRESIDENT: In the absence \n\n10 of clergy, please join me in bowing our heads \n\n11 in a moment of silence.\n\n12 (Whereupon, the assemblage \n\n13 respected a moment of silence.)\n\n14 THE PRESIDENT: Next we'll have \n\n15 the reading of the Journal.\n\n16 THE SECRETARY: In Senate, \n\n17 Wednesday, June 22nd, the Senate met pursuant \n\n18 to adjournment. The Journal of Tuesday, \n\n19 June 21, was read and approved. On motion, \n\n20 Senate adjourned.\n\n21 THE PRESIDENT: Without \n\n22 objection, the Journal stands approved as \n\n23 read.\n\n24 Next, presentation of petitions.\n\n25 Messages from the Assembly.\n\n\f 5929\n\n 1 The Secretary will read.\n\n 2 THE SECRETARY: On page 26, \n\n 3 Senator Flanagan moves to discharge, from the \n\n 4 Committee on Investigations and Government \n\n 5 Operations, Assembly Bill Number 966B and \n\n 6 substitute it for the identical Senate Bill \n\n 7 Number 4813, Third Reading Calendar 1119.\n\n 8 THE PRESIDENT: Substitution \n\n 9 ordered.\n\n10 Messages from the Governor.\n\n11 Reports of standing committees.\n\n12 Reports of select committees.\n\n13 Communications and reports from \n\n14 state officers.\n\n15 Motions and resolutions.\n\n16 Senator Libous.\n\n17 SENATOR LIBOUS: Mr. President, \n\n18 if we could just hang on for one second.\n\n19 THE PRESIDENT: Senator \n\n20 Libous. \n\n21 SENATOR LIBOUS: Mr. President, \n\n22 we have an active list on our desks, and at \n\n23 this time could we take up the \n\n24 noncontroversial reading. \n\n25 And I am told by the desk that \n\n\f 5930\n\n 1 the first bill, Number 267, is actually high, so \n\n 2 we would start at 1119.\n\n 3 THE PRESIDENT: The Secretary will \n\n 4 read the active list, starting at Number 1119.\n\n 5 THE SECRETARY: Calendar Number \n\n 6 1119, by Member of the Assembly Kellner, Assembly \n\n 7 Print 966B, an act to amend the Tax Law.\n\n 8 THE PRESIDENT: Read the last \n\n 9 section.\n\n10 THE SECRETARY: Section 2. This \n\n11 act shall take effect immediately.\n\n12 THE PRESIDENT: Call the roll.\n\n13 (The Secretary called the roll.)\n\n14 THE SECRETARY: Ayes, 54.\n\n15 THE PRESIDENT: The bill is passed.\n\n16 THE SECRETARY: Calendar Number \n\n17 1354, by Senator Golden, Senate Print 2733A, an \n\n18 act to amend the State Finance Law.\n\n19 SENATOR SQUADRON: Lay it aside.\n\n20 THE PRESIDENT: The bill is laid \n\n21 aside.\n\n22 THE SECRETARY: Calendar Number \n\n23 1502, by Member of the Assembly Farrell, Assembly \n\n24 Print Number 8286, an act to amend the Real \n\n25 Property Tax Law.\n\n\f 5931\n\n 1 THE PRESIDENT: Read the last \n\n 2 section.\n\n 3 THE SECRETARY: Section 2. This \n\n 4 act shall take effect immediately.\n\n 5 THE PRESIDENT: Call the roll.\n\n 6 (The Secretary called the roll.)\n\n 7 THE SECRETARY: Ayes, 54.\n\n 8 THE PRESIDENT: The bill is passed.\n\n 9 Senator Libous, that completes the \n\n10 reading of the noncontroversial calendar. \n\n11 SENATOR LIBOUS: Mr. President, I \n\n12 think we can go to the controversial calendar as \n\n13 soon as we can find the sponsor of the bill.\n\n14 THE PRESIDENT: We'll stand by. \n\n15 The Secretary will ring the bell.\n\n16 (Pause.)\n\n17 SENATOR LIBOUS: Mr. President, \n\n18 we're going to get started. We just had a little \n\n19 procedural thing here. We had to make sure that \n\n20 everybody had a copy of the bill. \n\n21 And I know that Senator Golden will \n\n22 be prepared to debate it momentarily.\n\n23 THE PRESIDENT: Thank you, Senator.\n\n24 Senator Libous. \n\n25 SENATOR LIBOUS: Mr. President, the \n\n\f 5932\n\n 1 sponsor would like to lay the bill aside for the \n\n 2 day.\n\n 3 THE PRESIDENT: The bill is laid \n\n 4 aside for the day.\n\n 5 That completes the reading of the \n\n 6 active list, Senator Libous. \n\n 7 SENATOR LIBOUS: Mr. President, I \n\n 8 believe that Senator Hassell-Thompson would like \n\n 9 to be recognized at this time.\n\n10 THE PRESIDENT: Senator \n\n11 Hassell-Thompson.\n\n12 SENATOR HASSELL-THOMPSON: Thank \n\n13 you, Senator Libous.\n\n14 Mr. President, there will be an \n\n15 immediate meeting of the Democratic Conference in \n\n16 the Democratic Conference Room.\n\n17 SENATOR LIBOUS: Mr. President, \n\n18 pending the immediate meeting of the Democratic \n\n19 Conference, there will be a Rules Committee \n\n20 meeting in Room 332. Let me see if I can get a \n\n21 time on that.\n\n22 SENATOR HASSELL-THOMPSON: Assuming \n\n23 that the bills are there, Senator Libous, I would \n\n24 think that we would need 25 minutes.\n\n25 SENATOR LIBOUS: And, Senator, I'm \n\n\f 5933\n\n 1 told the bills were there about 10 minutes ago. \n\n 2 So I hope that it is indeed true.\n\n 3 Having said that, we'll have a \n\n 4 Rules Committee meeting at 1 o'clock.\n\n 5 THE PRESIDENT: Rules Committee \n\n 6 meeting at 1 o'clock. Democratic conference \n\n 7 immediately. \n\n 8 SENATOR LIBOUS: Mr. President, we \n\n 9 will go immediately to the Rules Committee at \n\n10 1 o'clock. So at 1 o'clock, do not come back to \n\n11 the chamber if you're on the Rules Committee, go \n\n12 to Room 332.\n\n13 THE PRESIDENT: Per Senator Libous, \n\n14 1 o'clock meeting of the Rules Committee in \n\n15 Room 332. \n\n16 The Senate stands at ease.\n\n17 (Whereupon, the Senate stood at ease \n\n18 at 12:22 p.m.)\n\n19 (Whereupon, the Senate reconvened at \n\n20 1:44 p.m.)\n\n21 THE PRESIDENT: The Senate will \n\n22 come to order.\n\n23 Senator Libous.\n\n24 SENATOR LIBOUS: Mr. President, we \n\n25 have an active list that is before us, a \n\n\f 5934\n\n 1 supplemental active list. And I would like to \n\n 2 have a noncontroversial reading of that list \n\n 3 right now. It starts with Calendar Number 914. \n\n 4 Supplemental active list.\n\n 5 THE PRESIDENT: The Secretary will \n\n 6 read.\n\n 7 THE SECRETARY: In relation to \n\n 8 Calendar Number 914, on page 19 Senator Savino \n\n 9 moves to discharge, from the Committee on \n\n10 Judiciary, Assembly Bill Number 7632 and \n\n11 substitute it for the identical Senate Bill \n\n12 Number 4302A, Calendar Number 914.\n\n13 THE PRESIDENT: Substitution \n\n14 ordered.\n\n15 The Secretary will read.\n\n16 THE SECRETARY: Calendar Number \n\n17 914, by Member of the Assembly Rosenthal, \n\n18 Assembly Print Number 7632, an act to amend the \n\n19 Family Court Act.\n\n20 THE PRESIDENT: Read the last \n\n21 section.\n\n22 THE SECRETARY: Section 2. This \n\n23 act shall take effect immediately.\n\n24 THE PRESIDENT: Call the roll.\n\n25 (The Secretary called the roll.)\n\n\f 5935\n\n 1 THE SECRETARY: Ayes, 62.\n\n 2 THE PRESIDENT: The bill is passed.\n\n 3 THE SECRETARY: In relation to \n\n 4 Calendar Number 1107, Senator Ball moves to \n\n 5 discharge, from the Committee on Rules, Assembly \n\n 6 Bill Number 1428B and substitute it for the \n\n 7 identical Senate Bill Number 4583A, Calendar \n\n 8 Number 1107.\n\n 9 THE PRESIDENT: Substitution \n\n10 ordered. \n\n11 The Secretary will read.\n\n12 THE SECRETARY: Calendar Number \n\n13 1107, by Member of the Assembly Castelli, \n\n14 Assembly Print Number 1428B, an act to amend the \n\n15 Military Law.\n\n16 THE PRESIDENT: Read the last \n\n17 section.\n\n18 THE SECRETARY: Section 2. This \n\n19 act shall take effect immediately.\n\n20 THE PRESIDENT: Call the roll.\n\n21 (The Secretary called the roll.)\n\n22 THE SECRETARY: Ayes, 62.\n\n23 THE PRESIDENT: The bill is passed.\n\n24 THE SECRETARY: In relation to \n\n25 Calendar Number 1141, Senator Hannon moves to \n\n\f 5936\n\n 1 discharge, from the Committee on Rules, Assembly \n\n 2 Bill Number 3304A and substitute it for the \n\n 3 identical Senate Bill Number 5556, Calendar \n\n 4 Number 1141.\n\n 5 THE PRESIDENT: Substitution \n\n 6 ordered.\n\n 7 The Secretary will read.\n\n 8 THE SECRETARY: Calendar Number \n\n 9 1141, by Member of the Assembly Gottfried, \n\n10 Assembly Print Number 3304A, an act to amend the \n\n11 Public Health Law.\n\n12 THE PRESIDENT: Read the last \n\n13 section.\n\n14 THE SECRETARY: Section 2. This \n\n15 act shall take effect immediately.\n\n16 THE PRESIDENT: Call the roll.\n\n17 (The Secretary called the roll.)\n\n18 THE PRESIDENT: Senator Hannon to \n\n19 explain his vote.\n\n20 SENATOR HANNON: Thank you, \n\n21 Mr. President.\n\n22 This legislation would draw together \n\n23 a number of existing programs that are \n\n24 functioning well in the state. The whole idea of \n\n25 these programs, which are known as medical-legal \n\n\f 5937\n\n 1 aid partnerships, is to make sure that patients \n\n 2 and potential patients who interact with the \n\n 3 healthcare system are assisted in the often \n\n 4 complex procedures for enrollment and continued \n\n 5 participation.\n\n 6 We have these partnerships in \n\n 7 Buffalo, Rochester, Syracuse, Albany, \n\n 8 White Plains, five in New York City, and \n\n 9 Long Island.\n\n10 By enacting this and keeping this \n\n11 movement going I think we make the system better \n\n12 for both the providers -- the providers being \n\n13 clinics and hospitals -- and for the patients \n\n14 themselves, especially as we go through the new \n\n15 complexities of what will be a federal healthcare \n\n16 change.\n\n17 I thank you very much, \n\n18 Mr. President. I recommend a yes vote.\n\n19 THE PRESIDENT: Thank you, Senator.\n\n20 Senator Hannon's vote will be \n\n21 recorded in the affirmative.\n\n22 The Secretary will announce the \n\n23 results.\n\n24 THE SECRETARY: Ayes, 62.\n\n25 THE PRESIDENT: The bill is passed.\n\n\f 5938\n\n 1 THE SECRETARY: Calendar Number \n\n 2 1512, by Senator Lanza, an act to amend the \n\n 3 Education Law.\n\n 4 THE PRESIDENT: Read the last \n\n 5 section.\n\n 6 THE SECRETARY: Section 2. This \n\n 7 act shall take effect immediately.\n\n 8 THE PRESIDENT: Call the roll.\n\n 9 (The Secretary called the roll.)\n\n10 THE SECRETARY: Those recorded in \n\n11 the negative on Calendar 1512 are Senators Ball, \n\n12 Gianaris, Hassell-Thompson, Huntley, L. Krueger, \n\n13 Montgomery, Perkins, Ranzenhofer, Rivera, Saland, \n\n14 Serrano and Squadron. Also Senator Parker.\n\n15 Ayes, 49. Nays, 13.\n\n16 THE PRESIDENT: The bill is passed.\n\n17 THE SECRETARY: Calendar Number \n\n18 1520, by Member of the Assembly Abbate, Assembly \n\n19 Print 7605A, an act to amend the Retirement and \n\n20 Social Security Law.\n\n21 THE PRESIDENT: Read the last \n\n22 section.\n\n23 THE SECRETARY: Section 7. This \n\n24 act shall take effect at the beginning of the \n\n25 first payroll.\n\n\f 5939\n\n 1 THE PRESIDENT: Call the roll.\n\n 2 (The Secretary called the roll.)\n\n 3 THE SECRETARY: Ayes, 62.\n\n 4 THE PRESIDENT: The bill is passed.\n\n 5 Senator Libous, that completes the \n\n 6 noncontroversial reading of the supplemental \n\n 7 active list.\n\n 8 SENATOR LIBOUS: Mr. President, at \n\n 9 this time I want to move to reports of standing \n\n10 committees. I believe there's a report of the \n\n11 Rules Committee at the desk. And after it's \n\n12 read, I will ask you if we could accept that \n\n13 report.\n\n14 THE PRESIDENT: Reports of standing \n\n15 committees. \n\n16 The Secretary will read the report \n\n17 of the Rules Committee.\n\n18 THE SECRETARY: Senator Skelos, \n\n19 from the Committee on Rules, reports the \n\n20 following bills: \n\n21 Senate Print 3923, by Senator Smith, \n\n22 an act to amend the Penal Law; \n\n23 3939, by Senator Adams, an act to \n\n24 amend the Education Law;\n\n25 4315, by Senator Golden, an act to \n\n\f 5940\n\n 1 amend the Public Officers Law; \n\n 2 4879, by Senator Bonacic, an act to \n\n 3 amend the Education Law; \n\n 4 5189, by Senator Avella, an act to \n\n 5 amend the Correction Law; \n\n 6 5666, by Senator Larkin, an act to \n\n 7 amend the General Municipal Law; \n\n 8 5670, by Senator Little, an act to \n\n 9 amend the Public Authorities Law; \n\n10 5742, by Senator Larkin, an act to \n\n11 amend the Public Authorities Law; \n\n12 5765, by Senator Farley, an act to \n\n13 relating to permitting;\n\n14 5804, by Senator O'Mara, an act to \n\n15 amend the Retirement and Social Security Law;\n\n16 5818, by Senator O'Mara, an act to \n\n17 amend the Highway Law; \n\n18 5829, by Senator Grisanti, an act to \n\n19 amend the Alcoholic Beverage Control Law; \n\n20 5833, by Senator Hannon, an act to \n\n21 amend Chapter 474 of the Laws of 1996;\n\n22 And Senate Print 5849, by Senator \n\n23 Seward, an act to amend the Public Authorities \n\n24 Law.\n\n25 All bills ordered direct to third \n\n\f 5941\n\n 1 reading.\n\n 2 THE PRESIDENT: Senator Libous, \n\n 3 Number 3939 was inadvertently read. It is not on \n\n 4 the Rules report.\n\n 5 SENATOR LIBOUS: It is not on the \n\n 6 Rules report. Then it will not be reported.\n\n 7 THE PRESIDENT: It will not be \n\n 8 reported.\n\n 9 SENATOR LIBOUS: That's correct. \n\n10 Could we then move the Rules report \n\n11 at this time.\n\n12 THE PRESIDENT: All in favor of \n\n13 accepting the report of the Rules Committee \n\n14 signify by saying aye. \n\n15 (Response of \"Aye.\")\n\n16 THE PRESIDENT: Any opposed? \n\n17 (No response.)\n\n18 THE PRESIDENT: The Rules report is \n\n19 accepted.\n\n20 Senator Libous.\n\n21 SENATOR LIBOUS: Mr. President, at \n\n22 this time we will now take up Supplemental \n\n23 Calendar Number 59A, the noncontroversial \n\n24 reading.\n\n25 THE PRESIDENT: The Secretary will \n\n\f 5942\n\n 1 read.\n\n 2 THE SECRETARY: Calendar Number \n\n 3 1525, by Senator Smith, Senate Print 3923, an act \n\n 4 to amend the Penal Law.\n\n 5 THE PRESIDENT: Read the last \n\n 6 section.\n\n 7 THE SECRETARY: Section 3. This \n\n 8 act shall take effect on the first of November.\n\n 9 THE PRESIDENT: Call the roll.\n\n10 (The Secretary called the roll.)\n\n11 THE SECRETARY: Ayes, 62.\n\n12 THE PRESIDENT: The bill is passed.\n\n13 THE SECRETARY: In relation to \n\n14 Calendar Number 1528, Senator Golden moves to \n\n15 discharge, from the Committee on Rules, Assembly \n\n16 Bill Number 6308 and substitute it for the \n\n17 identical Senate Bill Number 4315, Calendar \n\n18 Number 1528.\n\n19 THE PRESIDENT: Substitution \n\n20 ordered.\n\n21 The Secretary will read.\n\n22 THE SECRETARY: Calendar Number \n\n23 1528, by Member of the Assembly Abbate, Assembly \n\n24 Print 6308, an act to amend the Public Officers \n\n25 Law. \n\n\f 5943\n\n 1 THE PRESIDENT: Read the last \n\n 2 section.\n\n 3 THE SECRETARY: Section 2. This \n\n 4 act shall take effect immediately.\n\n 5 THE PRESIDENT: Call the roll.\n\n 6 (The Secretary called the roll.)\n\n 7 THE SECRETARY: Ayes, 61. Nays, \n\n 8 1. Senator Duane recorded in the negative.\n\n 9 THE PRESIDENT: The bill is passed.\n\n10 THE SECRETARY: Calendar Number \n\n11 1529, by Senator Bonacic, Senate Print 4879, an \n\n12 act to amend the Education Law.\n\n13 THE PRESIDENT: Read the last \n\n14 section.\n\n15 THE SECRETARY: Section 2. This \n\n16 act shall take effect immediately.\n\n17 THE PRESIDENT: Call the roll.\n\n18 (The Secretary called the roll.)\n\n19 THE SECRETARY: Ayes, 62.\n\n20 THE PRESIDENT: The bill is passed.\n\n21 THE SECRETARY: Calendar Number \n\n22 1530, by Senator Avella, Senate Print 5189, an \n\n23 act to amend the Correction Law.\n\n24 THE PRESIDENT: Read the last \n\n25 section.\n\n\f 5944\n\n 1 THE SECRETARY: Section 2. This \n\n 2 act shall take effect immediately.\n\n 3 THE PRESIDENT: Call the roll.\n\n 4 (The Secretary called the roll.)\n\n 5 THE SECRETARY: Those recorded in \n\n 6 the negative on Senate Print 5189: Senator \n\n 7 DeFrancisco. \n\n 8 Ayes, 61. Nays, 1.\n\n 9 THE PRESIDENT: The bill is passed.\n\n10 THE SECRETARY: In relation to \n\n11 Calendar Number 1531, Senator Larkin moves to \n\n12 discharge, from the Committee on Rules, Assembly \n\n13 Bill Number 3146, and substitute it for the \n\n14 identical Senate Bill Number 5666, Calendar \n\n15 Number 1531.\n\n16 THE PRESIDENT: Substitution \n\n17 ordered.\n\n18 SENATOR BRESLIN: Lay it aside.\n\n19 THE PRESIDENT: The bill is laid \n\n20 aside.\n\n21 THE SECRETARY: Calendar Number \n\n22 1532, by Senator Little, Senate Print 5670, an \n\n23 act to amend the Public Authorities Law.\n\n24 THE PRESIDENT: There is a \n\n25 home-rule message at the desk. \n\n\f 5945\n\n 1 Read the last section.\n\n 2 THE SECRETARY: Section 4. This \n\n 3 act shall take effect immediately.\n\n 4 THE PRESIDENT: Call the roll.\n\n 5 (The Secretary called the roll.)\n\n 6 THE SECRETARY: Ayes, 62.\n\n 7 THE PRESIDENT: The bill is passed.\n\n 8 THE SECRETARY: In relation to \n\n 9 Calendar Number 1533, Senator Larkin moves to \n\n10 discharge, from the Committee on Rules, Assembly \n\n11 Bill Number 2245 and substitute it for the \n\n12 identical Senate Bill Number 5742, Third Reading \n\n13 Calendar 1533.\n\n14 THE PRESIDENT: Substitution \n\n15 ordered. \n\n16 The Secretary will read.\n\n17 THE SECRETARY: Calendar Number \n\n18 1533, by Member of the Assembly Rabbitt, an act \n\n19 to amend the Public Authorities Law.\n\n20 THE PRESIDENT: Read the last \n\n21 section.\n\n22 THE SECRETARY: Section 2. This \n\n23 act shall take effect immediately.\n\n24 THE PRESIDENT: Call the roll.\n\n25 (The Secretary called the roll.)\n\n\f 5946\n\n 1 THE SECRETARY: Ayes, 62.\n\n 2 THE PRESIDENT: The bill is passed.\n\n 3 THE SECRETARY: Calendar Number \n\n 4 1534, by Senator Farley, Senate Print 5765, an \n\n 5 act relating to permitting. \n\n 6 THE PRESIDENT: Read the last \n\n 7 section.\n\n 8 THE SECRETARY: Section 2. This \n\n 9 act shall take effect immediately.\n\n10 THE PRESIDENT: Call the roll.\n\n11 (The Secretary called the roll.)\n\n12 THE SECRETARY: Ayes, 62.\n\n13 THE PRESIDENT: The bill is passed.\n\n14 THE SECRETARY: Calendar Number \n\n15 1535, by Senator O'Mara, Senate Print 5804, an \n\n16 act to amend the Retirement and Social Security \n\n17 Law.\n\n18 THE PRESIDENT: There is a \n\n19 home-rule message at the desk. \n\n20 Read the last section.\n\n21 THE SECRETARY: Section 5. This \n\n22 act shall take effect immediately.\n\n23 THE PRESIDENT: Call the roll.\n\n24 (The Secretary called the roll.)\n\n25 THE SECRETARY: Ayes, 62.\n\n\f 5947\n\n 1 THE PRESIDENT: The bill is passed.\n\n 2 THE SECRETARY: Calendar Number \n\n 3 1536, by Senator O'Mara, Senate Print 5818, an \n\n 4 act to amend the Highway Law.\n\n 5 THE PRESIDENT: Read the last \n\n 6 section.\n\n 7 THE SECRETARY: Section 2. This \n\n 8 act shall take effect immediately.\n\n 9 THE PRESIDENT: Call the roll.\n\n10 (The Secretary called the roll.)\n\n11 THE SECRETARY: Ayes, 62.\n\n12 THE PRESIDENT: The bill is passed.\n\n13 THE SECRETARY: Calendar Number \n\n14 1537, by Senator Grisanti, Senate Print 5829, an \n\n15 act to amend the Alcoholic Beverage Control Law.\n\n16 THE PRESIDENT: Read the last \n\n17 section.\n\n18 THE SECRETARY: Section 2. This \n\n19 act shall take effect immediately.\n\n20 THE PRESIDENT: Call the roll.\n\n21 (The Secretary called the roll.)\n\n22 THE SECRETARY: Those recorded \n\n23 in the negative on Senate Print 5829 are Senators \n\n24 Fuschillo and L. Krueger.\n\n25 Ayes, 60. Nays, 2.\n\n\f 5948\n\n 1 THE PRESIDENT: The bill is passed.\n\n 2 THE SECRETARY: Calendar Number \n\n 3 1538, by Senator Hannon, Senate Print 5833, an \n\n 4 act to amend Chapter 474 of the Laws of 1996.\n\n 5 THE PRESIDENT: Read the last \n\n 6 section.\n\n 7 THE SECRETARY: Section 2. This \n\n 8 act shall take effect on the same date and in the \n\n 9 same manner as a chapter of the Laws of 2011.\n\n10 THE PRESIDENT: Call the roll.\n\n11 (The Secretary called the roll.)\n\n12 THE SECRETARY: Ayes, 62. \n\n13 THE PRESIDENT: The bill is passed.\n\n14 THE SECRETARY: Calendar Number \n\n15 1539, by Senator Seward, Senate Print 5849, an \n\n16 act to amend the Public Authorities Law.\n\n17 THE PRESIDENT: Senator LaValle.\n\n18 SENATOR LaVALLE: That bill is \n\n19 high. Can we lay that aside for the day.\n\n20 THE PRESIDENT: The bill is laid \n\n21 aside for the day.\n\n22 Senator LaValle, that completes the \n\n23 noncontroversial reading of Senate Supplemental \n\n24 Calendar Number 59A.\n\n25 SENATOR LaVALLE: Mr. President, \n\n\f 5949\n\n 1 can we go to the controversial reading of the \n\n 2 calendar.\n\n 3 THE PRESIDENT: The Secretary will \n\n 4 ring the bell.\n\n 5 The Secretary will read.\n\n 6 THE SECRETARY: Calendar Number \n\n 7 1531, by Member of the Assembly Calhoun, Assembly \n\n 8 Print Number 3146, an act to amend the General \n\n 9 Municipal Law.\n\n10 SENATOR KRUEGER: Explanation.\n\n11 THE PRESIDENT: Senator Larkin for \n\n12 an explanation, please.\n\n13 SENATOR LARKIN: Senator Breslin, \n\n14 are you --\n\n15 SENATOR BRESLIN: Explanation, \n\n16 please.\n\n17 SENATOR LARKIN: Thank you very \n\n18 much.\n\n19 This is a request from a local \n\n20 government. What happened was during the course \n\n21 of the last 18 months an industrial development \n\n22 agency gave excessive tax breaks that the town \n\n23 board thought were out of order and were never \n\n24 brought to the attention of the town board. \n\n25 So the town board went and checked \n\n\f 5950\n\n 1 out some other municipalities in the state and \n\n 2 around the state, and they came up with a \n\n 3 proposal which I think is very smooth. It's a \n\n 4 mixed board, so it isn't right wings, left \n\n 5 wings. And what they wanted to do was to have a \n\n 6 written consent of the chief executive officer of \n\n 7 the town prior to the approval of any \n\n 8 applications under the PILOT program. \n\n 9 They also want to make sure that \n\n10 there's no impact on the municipality, that \n\n11 granting something out of line just to attract a \n\n12 business would not be of benefit to the town. \n\n13 They're saying that the application must have at \n\n14 least one member of the Chester's governing board \n\n15 and three members drawn from a cross-section \n\n16 within the municipality. Which is open \n\n17 government. I think it's the right thing to do. \n\n18 This town has been very successful. \n\n19 It's moving along very fine. This has been a -- \n\n20 the county government thinks it's the right \n\n21 attitude, I think it's the right -- and I think \n\n22 if we're being serious about home rule, then I \n\n23 think we should be saying to local government: \n\n24 Thank you. Thank you for not just asking the \n\n25 town board to do it, but having a joint venture \n\n\f 5951\n\n 1 between the developer, the town, and bringing in \n\n 2 outsiders to watch the project.\n\n 3 THE PRESIDENT: Senator Krueger.\n\n 4 SENATOR KRUEGER: Thank you, \n\n 5 Mr. President. On the bill.\n\n 6 I appreciate the sponsor's \n\n 7 explanation of his bill, and I support the bill. \n\n 8 I wanted to raise for this house that I think \n\n 9 this is exactly the kind of policy that should be \n\n10 in place whenever there's a PILOT deal that is \n\n11 made anywhere in the state. \n\n12 If you look at the history of the \n\n13 too many IDAs, the too many IDAs without enough \n\n14 oversight, as several State Comptroller's reports \n\n15 have shown, you start to understand that this \n\n16 model of giving away somebody else's tax revenue \n\n17 at the local level has gotten out of control. \n\n18 And so I think that Senator Larkin's \n\n19 bill is an excellent bill. And given the fact \n\n20 that there are so many concerns about the \n\n21 overproliferation of IDAs and the dangers and \n\n22 risks to local communities of some small group of \n\n23 people deciding to give away a community's tax \n\n24 revenue, sometimes for decades into the future, \n\n25 this bill and this model should be looked at very \n\n\f 5952\n\n 1 seriously by the state as a model that applies \n\n 2 anytime an IDA is attempting to give away a local \n\n 3 government's tax revenue. \n\n 4 I certainly support this bill, \n\n 5 Mr. President. Thank you.\n\n 6 THE PRESIDENT: Thank you, Senator.\n\n 7 Any other Senators wishing to speak \n\n 8 on this bill?\n\n 9 The debate is closed.\n\n10 The Secretary will ring the bell. \n\n11 THE PRESIDENT: On Senate 1531, the \n\n12 Secretary will read the last section.\n\n13 THE SECRETARY: Section 2. This \n\n14 act shall take effect immediately.\n\n15 THE PRESIDENT: Call the roll.\n\n16 (The Secretary called the roll.)\n\n17 THE SECRETARY: Ayes, 61. \n\n18 Absent from voting: Senator \n\n19 Peralta.\n\n20 THE PRESIDENT: The bill is passed.\n\n21 Senator LaValle, that completes the \n\n22 controversial reading of Senate Supplemental \n\n23 Calendar 59A. \n\n24 SENATOR LaVALLE: Mr. President, \n\n25 can we stand at ease.\n\n\f 5953\n\n 1 THE PRESIDENT: The Senate will now \n\n 2 stand at ease.\n\n 3 (Whereupon, the Senate stood at ease \n\n 4 at 2:11 p.m.)\n\n 5 (Whereupon, the Senate reconvened at \n\n 6 4:00 p.m.)\n\n 7 SENATOR LIBOUS: Mr. President, \n\n 8 would you call on Senator Breslin, please.\n\n 9 ACTING PRESIDENT ROBACH: Senator \n\n10 Breslin.\n\n11 SENATOR BRESLIN: Thank you, \n\n12 Mr. President.\n\n13 There will be an immediate meeting \n\n14 of the Democratic Conference in Room 314, \n\n15 followed by -- well, there will be a Rules \n\n16 meeting at 4:30.\n\n17 SENATOR LIBOUS: And I am going to \n\n18 do exactly what Senator Breslin says. \n\n19 There will be a Rules Committee \n\n20 meeting in Room 332 at 4:30 sharp, a Rules \n\n21 meeting in Room 332 at 4:30 sharp.\n\n22 And I think, if we could, \n\n23 Mr. President, just go to motions and resolutions \n\n24 for a second. They want me to read a motion.\n\n25 ACTING PRESIDENT ROBACH: Okay. \n\n\f 5954\n\n 1 Motions and resolutions.\n\n 2 SENATOR LIBOUS: This is on behalf \n\n 3 of Senator Golden. Mr. President, I move to \n\n 4 amend Senate Print 4269B by striking out the \n\n 5 amendments made on June 17th and restoring it to \n\n 6 its previous print number, 4269A.\n\n 7 ACTING PRESIDENT ROBACH: So \n\n 8 ordered.\n\n 9 Senator Libous.\n\n10 SENATOR LIBOUS: Okay. The Senate \n\n11 will stand at ease.\n\n12 ACTING PRESIDENT ROBACH: The \n\n13 Senate will stand at ease. There will be a \n\n14 Democratic conference in Room 314. The Senate \n\n15 will stand at ease. And there will be a Rules \n\n16 meeting at 4:30 in Room 332.\n\n17 (Whereupon, the Senate stood at ease \n\n18 at 4:02 p.m.)\n\n19 (Whereupon, the Senate reconvened at \n\n20 5:05 p.m.)\n\n21 THE PRESIDENT: The Senate will \n\n22 come to order.\n\n23 Senator Libous.\n\n24 SENATOR LIBOUS: Mr. President, how \n\n25 are you?\n\n\f 5955\n\n 1 THE PRESIDENT: Senator, I'm fine. \n\n 2 How are you? \n\n 3 SENATOR LIBOUS: Good, thank you. \n\n 4 At this time I think there's a \n\n 5 report of the Rules Committee at the desk. If we \n\n 6 could have it read and then I will move to accept \n\n 7 it.\n\n 8 THE PRESIDENT: The Secretary will \n\n 9 read the report of the Rules Committee. \n\n10 THE SECRETARY: Senator Skelos, \n\n11 from the Committee on Rules, reports the \n\n12 following bills: \n\n13 Senate Print 4269A, by Senator \n\n14 Golden, an act to amend the Public Health Law; \n\n15 5702, by Senator Klein, an act to \n\n16 amend the Agriculture and Markets Law; \n\n17 And 5801, by Senator Bonacic, an act \n\n18 to amend the Estates, Powers and Trusts Law.\n\n19 All bills ordered direct to third \n\n20 reading.\n\n21 THE PRESIDENT: Senator Libous.\n\n22 SENATOR LIBOUS: Move to accept the \n\n23 report of the Rules Committee, please.\n\n24 THE PRESIDENT: All in favor of \n\n25 accepting the report of the Rules Committee \n\n\f 5956\n\n 1 signify by saying aye.\n\n 2 (Response of \"Aye.\")\n\n 3 THE PRESIDENT: Any opposed? \n\n 4 (No response.)\n\n 5 THE PRESIDENT: The Rules report is \n\n 6 accepted.\n\n 7 Senator Libous.\n\n 8 SENATOR LIBOUS: Mr. President, we \n\n 9 have in front of all of us Supplemental Active \n\n10 List Number 2. If we could have the \n\n11 noncontroversial reading of that list.\n\n12 THE PRESIDENT: The Secretary will \n\n13 read the noncontroversial reading of Supplemental \n\n14 Active List Number 2.\n\n15 THE SECRETARY: Calendar Number \n\n16 375, by Senator Fuschillo, Senate Print 3768B, an \n\n17 act to amend the Vehicle and Traffic Law.\n\n18 THE PRESIDENT: Read the last \n\n19 section.\n\n20 THE SECRETARY: Section 3. This \n\n21 act shall take effect immediately.\n\n22 THE PRESIDENT: Call the roll.\n\n23 (The Secretary called the roll.)\n\n24 THE SECRETARY: Ayes, 62.\n\n25 THE PRESIDENT: The bill is passed.\n\n\f 5957\n\n 1 THE SECRETARY: In relation to \n\n 2 Calendar Number 457, on page 12 Senator Breslin \n\n 3 moves to discharge, from the Committee on \n\n 4 Investigations and Government Operations, \n\n 5 Assembly Bill Number 508 and substitute it for \n\n 6 the identical Senate Bill Number 820, Third \n\n 7 Reading Calendar 457.\n\n 8 THE PRESIDENT: Substitution \n\n 9 ordered.\n\n10 The Secretary will read.\n\n11 THE SECRETARY: Calendar Number \n\n12 457, by Member of the Assembly McEneny, Assembly \n\n13 Print 508, an act to amend the Tax Law.\n\n14 THE PRESIDENT: Read the last \n\n15 section.\n\n16 THE SECRETARY: Section 2. This \n\n17 act shall take effect immediately.\n\n18 SENATOR LIBOUS: Mr. President, \n\n19 would you lay that bill aside just temporarily. \n\n20 I know that Senator Breslin and I have discussed \n\n21 that.\n\n22 THE PRESIDENT: The bill is laid \n\n23 aside temporarily. \n\n24 The Secretary will continue to read.\n\n25 THE SECRETARY: In relation to \n\n\f 5958\n\n 1 Calendar Number 464, on page 12 Senator \n\n 2 Oppenheimer moves to discharge, from the \n\n 3 Committee on Investigations and Government \n\n 4 Operations --\n\n 5 SENATOR LIBOUS: Lay that aside \n\n 6 also temporarily.\n\n 7 THE PRESIDENT: Senator Libous, we \n\n 8 need to do the substitution first and then lay it \n\n 9 aside.\n\n10 The Secretary will read the \n\n11 substitution.\n\n12 THE SECRETARY: On page 12, Senator \n\n13 Oppenheimer moves to discharge, from the \n\n14 Committee on Investigations and Government \n\n15 Operations, Assembly Bill Number 3243 and \n\n16 substitute it for the identical Senate Bill \n\n17 Number 2915, Third Reading Calendar 464.\n\n18 THE PRESIDENT: Substitution \n\n19 ordered.\n\n20 The bill is laid aside temporarily.\n\n21 THE SECRETARY: Calendar Number \n\n22 1034, by Senator Young, Senate Print 4381A, an \n\n23 act to amend the Real Property Tax Law.\n\n24 SENATOR LIBOUS: Lay it aside \n\n25 temporarily.\n\n\f 5959\n\n 1 THE PRESIDENT: Lay the bill aside \n\n 2 temporarily.\n\n 3 THE SECRETARY: In relation to \n\n 4 Calendar Number 1433, on page 29 Senator Robach \n\n 5 moves to discharge, from the Committee on Rules, \n\n 6 Assembly Bill Number 7811B and substitute it for \n\n 7 the identical Senate Bill Number 4886B, Third \n\n 8 Reading Calendar 1433.\n\n 9 THE PRESIDENT: Substitution \n\n10 ordered.\n\n11 The Secretary will read.\n\n12 THE SECRETARY: Calendar Number \n\n13 1433, by Member of the Assembly Morelle, Assembly \n\n14 Print 7811B, an act to amend the Penal Law.\n\n15 THE PRESIDENT: Read the last \n\n16 section.\n\n17 THE SECRETARY: Section 3. This \n\n18 act shall take effect on the first of November.\n\n19 THE PRESIDENT: Call the roll.\n\n20 (The Secretary called the roll.)\n\n21 THE SECRETARY: Ayes, 62.\n\n22 THE PRESIDENT: The bill is passed.\n\n23 THE SECRETARY: Calendar Number \n\n24 1451, by Senator Seward, Senate Print 2369C, an \n\n25 act to amend the --\n\n\f 5960\n\n 1 SENATOR LIBOUS: Lay it aside for \n\n 2 the day.\n\n 3 THE PRESIDENT: The bill is laid \n\n 4 aside for the day.\n\n 5 Senator Libous, that completes the \n\n 6 reading of the noncontroversial Supplemental \n\n 7 Active List Number 2.\n\n 8 SENATOR LIBOUS: Mr. President, I \n\n 9 believe we have the report of the Rules Committee \n\n10 at the desk. And maybe we can do a bill on \n\n11 there.\n\n12 THE PRESIDENT: The Secretary will \n\n13 read.\n\n14 THE SECRETARY: In relation to \n\n15 Calendar Number 1540, Senator Golden moves to \n\n16 discharge, from the Committee on Rules, Assembly \n\n17 Bill Number 6037A and substitute it for the \n\n18 identical Senate Bill Number 4269A, Third Reading \n\n19 Calendar 1540.\n\n20 THE PRESIDENT: Substitution \n\n21 ordered.\n\n22 The Secretary will read.\n\n23 THE SECRETARY: Calendar Number \n\n24 1540, by Member of the Assembly Brook-Krasny, \n\n25 Assembly Print 6037A, an act to amend the Public \n\n\f 5961\n\n 1 Health Law.\n\n 2 THE PRESIDENT: Read the last \n\n 3 section.\n\n 4 THE SECRETARY: Section 3. This \n\n 5 act shall take effect on the first of January.\n\n 6 THE PRESIDENT: Call the roll.\n\n 7 (The Secretary called the roll.)\n\n 8 THE SECRETARY: Ayes, 62.\n\n 9 THE PRESIDENT: The bill is passed.\n\n10 THE SECRETARY: In relation to \n\n11 Calendar Number 1541, Senator Klein moves to \n\n12 discharge, from the Committee on Rules, Assembly \n\n13 Bill Number 7502A and substitute it for the \n\n14 identical Senate Bill Number 5702, Third Reading \n\n15 Calendar 1541.\n\n16 THE PRESIDENT: Substitution \n\n17 ordered.\n\n18 The Secretary will read.\n\n19 SENATOR LIBOUS: Lay it aside \n\n20 temporarily.\n\n21 THE PRESIDENT: The bill is laid \n\n22 aside temporarily.\n\n23 THE SECRETARY: In relation to \n\n24 Calendar Number 1542, Senator Bonacic moves to \n\n25 discharge, from the Committee on Rules, Assembly \n\n\f 5962\n\n 1 Bill Number 8297A and substitute it for the \n\n 2 identical Senate Bill Number 5801, Third Reading \n\n 3 Calendar 1542.\n\n 4 THE PRESIDENT: Substitution \n\n 5 ordered.\n\n 6 The Secretary will read.\n\n 7 THE SECRETARY: Calendar Number \n\n 8 1542, by Member of the Assembly Weinstein, \n\n 9 Assembly Print 8297A, an act to amend the \n\n10 Estates, Powers and Trusts Law.\n\n11 THE PRESIDENT: Read the last \n\n12 section.\n\n13 THE SECRETARY: Section 2. This \n\n14 act shall take effect immediately.\n\n15 THE PRESIDENT: Call the roll.\n\n16 (The Secretary called the roll.)\n\n17 THE SECRETARY: Ayes, 62.\n\n18 THE PRESIDENT: The bill is passed.\n\n19 Senator Libous, that completes the \n\n20 reading of the noncontroversial Rules calendar.\n\n21 SENATOR LIBOUS: Mr. President, we \n\n22 are waiting at this time for some legislation to \n\n23 be printed and some various activities. I \n\n24 apologize for the inconsistency this afternoon, \n\n25 but that's what usually happens towards the end \n\n\f 5963\n\n 1 of session. \n\n 2 We're going to stand at ease for \n\n 3 maybe an hour, an hour and a half, waiting for \n\n 4 some bills to come up and be printed. And then \n\n 5 we will come back here and we'll make an \n\n 6 announcement as to when we're more definitive.\n\n 7 So I would tell members to please \n\n 8 mill around and do what you have to do in your \n\n 9 offices, but I don't expect us back here for \n\n10 another hour, hour and a half.\n\n11 THE PRESIDENT: Thank you, Senator.\n\n12 The Senate is at ease.\n\n13 (Whereupon, the Senate stood at ease \n\n14 at 5:12 p.m.)\n\n15 (Whereupon, the Senate reconvened at \n\n16 9:18 p.m.)\n\n17 THE PRESIDENT: The Senate will \n\n18 come to order.\n\n19 Senator Libous.\n\n20 SENATOR LIBOUS: Thank you, \n\n21 Mr. President. Could we have the \n\n22 Sergeant-at-Arms close the doors, please. \n\n23 Sarge, close the doors, please.\n\n24 THE PRESIDENT: If the \n\n25 Sergeant-at-Arms will close the doors.\n\n\f 5964\n\n 1 SENATOR LIBOUS: Mr. President, \n\n 2 could we go to motions and resolutions at this \n\n 3 time.\n\n 4 THE PRESIDENT: Motions and \n\n 5 resolutions.\n\n 6 Senator Libous.\n\n 7 SENATOR LIBOUS: Mr. President, on \n\n 8 behalf of Senator Young -- this is a busy one -- \n\n 9 I wish to call up Calendar Number 820, Assembly \n\n10 Print Number 5448.\n\n11 THE PRESIDENT: The Secretary will \n\n12 read.\n\n13 THE SECRETARY: Calendar Number \n\n14 820, by Member of the Assembly Morelle, Assembly \n\n15 Print Number 5448, an act to amend the Labor Law.\n\n16 SENATOR LIBOUS: Mr. President, I \n\n17 now move to reconsider the vote by which the \n\n18 Assembly bill was substituted for Senator Young's \n\n19 bill, Senate Print 2837, on June 21st.\n\n20 THE PRESIDENT: Call the roll on \n\n21 reconsideration.\n\n22 (The Secretary called the roll.)\n\n23 THE SECRETARY: Ayes, 62.\n\n24 SENATOR LIBOUS: Mr. President, I \n\n25 now move that Assembly Bill Number 5448 be \n\n\f 5965\n\n 1 committed to the Committee on Rules and that \n\n 2 Senator Young's Senate bill be restored to the \n\n 3 order of the Third Reading Calendar.\n\n 4 THE PRESIDENT: So ordered.\n\n 5 SENATOR LIBOUS: That was a long \n\n 6 one, Mr. President.\n\n 7 Okay, Mr. President, at this time we \n\n 8 have a Supplemental Active Calendar Number 3. \n\n 9 And if we could do the noncontroversial reading \n\n10 of that calendar.\n\n11 THE PRESIDENT: The Secretary will \n\n12 read.\n\n13 THE SECRETARY: In relation to \n\n14 Calendar Number 621, on page 14 Senator Golden \n\n15 moves to discharge, from the Committee on \n\n16 Housing, Construction and Community Development, \n\n17 Assembly Bill Number 5375 and substitute it for \n\n18 the identical Senate Bill Number 4035, Third \n\n19 Reading Calendar 621.\n\n20 THE PRESIDENT: Substitution \n\n21 ordered.\n\n22 The Secretary will read.\n\n23 THE SECRETARY: Calendar Number \n\n24 621, by Member of the Assembly Lopez, Assembly \n\n25 Print Number 5375, an act to amend the Multiple \n\n\f 5966\n\n 1 Dwelling Law.\n\n 2 THE PRESIDENT: Read the last \n\n 3 section.\n\n 4 THE SECRETARY: Section 2. This \n\n 5 act shall take effect immediately.\n\n 6 THE PRESIDENT: Call the roll.\n\n 7 (The Secretary called the roll.)\n\n 8 THE SECRETARY: Ayes, 62.\n\n 9 THE PRESIDENT: The bill is passed.\n\n10 THE SECRETARY: Calendar Number \n\n11 1187, by Senator Larkin, Senate Print 2678, an \n\n12 act to amend the Tax Law.\n\n13 THE PRESIDENT: Read the last \n\n14 section.\n\n15 THE SECRETARY: Section 3. This \n\n16 act shall take effect immediately.\n\n17 THE PRESIDENT: Call the roll.\n\n18 (The Secretary called the roll.)\n\n19 THE PRESIDENT: Senator Rivera to \n\n20 explain his vote.\n\n21 SENATOR RIVERA: Thank you, \n\n22 Mr. President.\n\n23 As I have argued many times on the \n\n24 floor of the Senate, we need to be thinking about \n\n25 how we utilize some of our resources, where we \n\n\f 5967\n\n 1 get some of our revenue. \n\n 2 I will be voting in the negative on \n\n 3 this bill because I do not believe that at a time \n\n 4 when we are not extending, as I have said many \n\n 5 times, the personal income tax surcharge on \n\n 6 wealthier New Yorkers -- we are extending sales \n\n 7 taxes all over the place and now we are further \n\n 8 giving them a tax cut by allowing the same \n\n 9 millionaires who are getting a tax cut from the \n\n10 federal government and from the state for the \n\n11 nonextension of the personal income tax surcharge \n\n12 to now be able to purchase some of their planes \n\n13 with a further tax cut -- with a tax credit. \n\n14 So I will be voting in the negative \n\n15 on this. I encourage all my colleagues to do the \n\n16 same. And as we look for more revenue and make \n\n17 better decisions about where we spend our \n\n18 resources, I do not believe that this is the type \n\n19 of bill that we should be introducing or passing \n\n20 to do those things.\n\n21 Thank you, Mr. President. I'll be \n\n22 voting in the negative on this bill.\n\n23 THE PRESIDENT: Thank you, Senator.\n\n24 Senator Rivera will be noted in the \n\n25 negative.\n\n\f 5968\n\n 1 The Secretary will announce the \n\n 2 results.\n\n 3 THE SECRETARY: In relation to \n\n 4 Calendar Number 1187, those recorded in the \n\n 5 negative are Senators Addabbo, Avella, Diaz, \n\n 6 Duane, Espaillat, Gianaris, Hassell-Thompson, \n\n 7 Huntley, L. Krueger, C. Kruger, Parker, Peralta, \n\n 8 Rivera, Serrano, Stavisky and Stewart-Cousins. \n\n 9 Also Senator Perkins. \n\n10 Ayes, 45. Nays, 17.\n\n11 THE PRESIDENT: The bill is passed.\n\n12 THE SECRETARY: Calendar Number \n\n13 1343, by Senator Golden, Senate Print 5577A, an \n\n14 act to amend the Tax Law.\n\n15 THE PRESIDENT: Read the last \n\n16 section.\n\n17 THE SECRETARY: Section 3. This \n\n18 act shall take effect immediately.\n\n19 THE PRESIDENT: Call the roll.\n\n20 (The Secretary called the roll.)\n\n21 THE SECRETARY: Ayes, 62.\n\n22 THE PRESIDENT: The bill is \n\n23 passed. \n\n24 THE SECRETARY: Calendar Number \n\n25 1514, by Senator Golden, Senate Print 4067A, an \n\n\f 5969\n\n 1 act to amend the Education Law.\n\n 2 THE PRESIDENT: Read the last \n\n 3 section.\n\n 4 THE SECRETARY: Section 4. This \n\n 5 act shall take effect immediately.\n\n 6 THE PRESIDENT: Call the roll.\n\n 7 (The Secretary called the roll.)\n\n 8 THE PRESIDENT: Senator \n\n 9 Stewart-Cousins to explain her vote. \n\n10 Senator Krueger to explain her vote \n\n11 first.\n\n12 SENATOR KRUEGER: Thank you very \n\n13 much, Mr. President. I rise to just quickly \n\n14 explain why I am voting no on this bill.\n\n15 I understand the concerns of the Big \n\n16 Four school districts. But when you do \n\n17 amortization of pensions, what you're doing is \n\n18 borrowing money now to have to pay it back later \n\n19 with interest, and you end up making your pension \n\n20 costs even greater over the long run due to the \n\n21 interest you must pay on the amortized portions. \n\n22 You're basically potentially, in \n\n23 this year, seeing a situation where we may later \n\n24 in the session or even later tonight be passing a \n\n25 property tax cap which will limit school \n\n\f 5970\n\n 1 districts' revenue streams. But we are now \n\n 2 passing this bill allowing school districts to \n\n 3 borrow money that they will have to pay back to \n\n 4 themselves with interest. And so I see it as a \n\n 5 double risk for future ability to repay.\n\n 6 I do understand how difficult the \n\n 7 situation is for so many school districts. It's \n\n 8 in fact one of the reasons why I voted no on the \n\n 9 school portion of the state budget, because I \n\n10 thought we'd be doing too much harm to school \n\n11 districts. And in fact we have, and some school \n\n12 districts now find themselves needing to borrow \n\n13 to pay their own costs. \n\n14 I understand the dilemma for them, \n\n15 and I am empathetic with the dilemma. But I \n\n16 actually believe allowing this possibility will \n\n17 make their problems even large in future years, \n\n18 which is why I'm voting no.\n\n19 Thank you, Mr. President. \n\n20 THE PRESIDENT: Thank you, \n\n21 Senator. \n\n22 Senator Krueger will be recorded in \n\n23 the negative.\n\n24 Senator Stewart-Cousins to explain \n\n25 her vote.\n\n\f 5971\n\n 1 SENATOR STEWART-COUSINS: Yes, \n\n 2 thank you, Mr. President. \n\n 3 I rise to certainly say thank you to \n\n 4 my colleagues and thank you, Senator Golden, for \n\n 5 putting forth this bill. \n\n 6 We all know how difficult it is for \n\n 7 our school districts, especially the Big Four \n\n 8 school districts. We understand that the state \n\n 9 as well as federal government and all other \n\n10 assorted forces have come together to make this a \n\n11 very, very difficult time. And we are all doing \n\n12 what we need to do in order to make our education \n\n13 for our students as good as it can be.\n\n14 In the City of Yonkers, without this \n\n15 bill they will lose $5 million. And we talk \n\n16 about economic recovery and we talk about keeping \n\n17 our education system on track. That $5 million \n\n18 will help to restore some of the 300 jobs that \n\n19 would have been lost if we did not do this \n\n20 tonight.\n\n21 So when you talk about keeping the \n\n22 communities stable, keeping education at the \n\n23 forefront, and understanding the impact of not \n\n24 having what is needed to keep the district going, \n\n25 something like this -- smoothing out the pension \n\n\f 5972\n\n 1 payments, allowing them to at least stabilize \n\n 2 and, again, save jobs -- makes all the difference \n\n 3 in the world for those children, for that school \n\n 4 district, and hopefully for the future.\n\n 5 We made some tough decisions today \n\n 6 in order for next year to have a better fiscal \n\n 7 outlook. And I'm hoping that that better fiscal \n\n 8 outlook will return the dollars to school systems \n\n 9 as we cap taxes, as we do all the other things, \n\n10 that we start really creating an environment \n\n11 where schools flourish.\n\n12 This will, yes, be a short-term \n\n13 fix. But it is a big fix for a district like \n\n14 mine and like many of yours that really needs \n\n15 this shot in order to keep that promise of \n\n16 educating their children. I vote yes.\n\n17 THE PRESIDENT: Thank you, Senator.\n\n18 Senator Stewart-Cousins will be \n\n19 recorded in the affirmative.\n\n20 Senator Martins to explain his vote.\n\n21 SENATOR MARTINS: Thank you, \n\n22 Mr. President.\n\n23 I also rise to support this bill, \n\n24 and I'm going to encourage all of my colleagues \n\n25 to support this bill as well. \n\n\f 5973\n\n 1 I see this bill as mandate relief. \n\n 2 Some of you may ask me why. If you understand \n\n 3 our pension system and where our pension system \n\n 4 is today and where it's going to be over the next \n\n 5 two years, we're experiencing a spike right now. \n\n 6 This year it's at 8.62, next year it will be at \n\n 7 11 percent, the year after that it will be at \n\n 8 15 percent, but the year after that they expect \n\n 9 it to come back down. \n\n10 So my question is, why are we asking \n\n11 our school districts to have to pay out-of-pocket \n\n12 over the next two years to compensate for this \n\n13 spike when these costs are going to come back \n\n14 down? And why won't we allow them to amortize \n\n15 that over a short period of time and take \n\n16 advantage of the fact that they are going to be \n\n17 able to spread that out over periods of time \n\n18 where the pension contributions are going to be \n\n19 much less than they are over the next two years? \n\n20 And we know that for a fact.\n\n21 School districts have tremendous \n\n22 choices over the next two years. Certainly the \n\n23 decision as to whether or not to take resources \n\n24 out of the classroom and dedicate them towards \n\n25 paying for pension costs or allowing them to \n\n\f 5974\n\n 1 amortize that over a number of years is something \n\n 2 we should be encouraging, because the taxpayers \n\n 3 in those districts and the students in those \n\n 4 classrooms over these next two years should not \n\n 5 have to bear the expense or the brunt of these \n\n 6 costs as it pertains to those kids in those \n\n 7 classrooms for these two years.\n\n 8 So we have a choice, to allow these \n\n 9 school districts the ability to pass that on over \n\n10 a period of time -- and yes, they're going to pay \n\n11 interest on that. But the interest rate is far \n\n12 less than that which this body approved for local \n\n13 governments when they smooth out over the course \n\n14 of the next 10 years and have to pay it back at \n\n15 8 percent. The rate at which they're able to \n\n16 borrow is significantly less. \n\n17 The impact to our students and our \n\n18 classrooms and the ability of our school \n\n19 districts to be able to live within the tax cap \n\n20 that we're going to be discussing later is \n\n21 important. This piece of legislation allows \n\n22 school districts to live within their means and \n\n23 allows our school districts to make decisions \n\n24 that are important to our students. \n\n25 And I'll be voting aye. Thank you, \n\n\f 5975\n\n 1 Mr. President.\n\n 2 THE PRESIDENT: Senator Martins \n\n 3 will be recorded in the affirmative.\n\n 4 The Secretary will announce the \n\n 5 results.\n\n 6 THE SECRETARY: In relation to \n\n 7 Calendar Number 1514, those recorded in the \n\n 8 negative are Senators Fuschillo, L. Krueger, \n\n 9 LaValle, Marcellino, Rivera, Saland, and Zeldin. \n\n10 Ayes, 55. Nays, 7.\n\n11 THE PRESIDENT: The bill is passed.\n\n12 Senator Marcellino, that completes \n\n13 the noncontroversial reading of Supplemental \n\n14 Active List Number 3.\n\n15 SENATOR MARCELLINO: Yes, \n\n16 Mr. President. At this time can we go back to \n\n17 momentarily to Calendar Number 59B. \n\n18 And Calendar Number 1541, by Senator \n\n19 Klein, which had previously been temporarily laid \n\n20 aside, we'd like to lay that aside for the day.\n\n21 THE PRESIDENT: Calendar Number \n\n22 1541 is laid aside for the day.\n\n23 Senator Marcellino.\n\n24 SENATOR MARCELLINO: Can we at this \n\n25 point now go back to Supplemental Calendar Number \n\n\f 5976\n\n 1 2 and take up Calendar Number 457, \n\n 2 noncontroversial.\n\n 3 THE PRESIDENT: The Secretary will \n\n 4 read.\n\n 5 THE SECRETARY: Calendar Number \n\n 6 457, substituted earlier today by Member of the \n\n 7 Assembly McEneny, Assembly Print 508, an act to \n\n 8 amend the Tax Law.\n\n 9 THE PRESIDENT: Read the last \n\n10 section.\n\n11 THE SECRETARY: Section 2. This \n\n12 act shall take effect immediately.\n\n13 THE PRESIDENT: Call the roll.\n\n14 (The Secretary called the roll.)\n\n15 THE SECRETARY: Ayes, 62.\n\n16 THE PRESIDENT: The bill is passed.\n\n17 SENATOR MARCELLINO: On the same \n\n18 calendar, Mr. President, Supplemental Active List \n\n19 Number 2, can we take up 464, noncontroversial.\n\n20 THE PRESIDENT: The Secretary will \n\n21 read.\n\n22 THE SECRETARY: Calendar Number \n\n23 464, substituted earlier today by Member of the \n\n24 Assembly Latimer, Assembly Print 3243, an act to \n\n25 amend the Tax Law.\n\n\f 5977\n\n 1 THE PRESIDENT: Read the last \n\n 2 section.\n\n 3 THE SECRETARY: Section 2. This \n\n 4 act shall take effect immediately.\n\n 5 THE PRESIDENT: Call the roll.\n\n 6 (The Secretary called the roll.)\n\n 7 THE SECRETARY: Ayes, 62.\n\n 8 THE PRESIDENT: The bill is passed.\n\n 9 SENATOR MARCELLINO: Mr. President, \n\n10 we'll have an immediate meeting of the Rules \n\n11 Committee in Room 332. Rules Committee meeting, \n\n12 Room 332. \n\n13 The Senate will stand at ease \n\n14 pending the return of the Rules Committee.\n\n15 THE PRESIDENT: There will be a \n\n16 Rules Committee meeting in Room 332. \n\n17 The Senate stands at ease.\n\n18 (Whereupon, the Senate stood at ease \n\n19 at 9:33 p.m.)\n\n20 (Whereupon, the Senate reconvened at \n\n21 9:53 p.m.)\n\n22 THE PRESIDENT: The Senate will \n\n23 come to order.\n\n24 Senator Libous.\n\n25 SENATOR LIBOUS: Thank you, \n\n\f 5978\n\n 1 Mr. President. \n\n 2 I believe there's a report of the \n\n 3 Rules Committee at the desk. Could we have the \n\n 4 report read and then I will move to accept it.\n\n 5 THE PRESIDENT: The Secretary will \n\n 6 read the report of the Rules Committee.\n\n 7 THE SECRETARY: Senator Skelos, \n\n 8 from the Committee on Rules, reports the \n\n 9 following bills: \n\n10 Senate Print 5635B, by Senator \n\n11 Bonacic, an act to amend Chapter 367 of the Laws \n\n12 of 1999; \n\n13 And Senate Print 5851, by Senator \n\n14 Hannon, an act to amend the Social Services Law.\n\n15 Both bills ordered direct to third \n\n16 reading.\n\n17 THE PRESIDENT: Senator Libous.\n\n18 SENATOR LIBOUS: Mr. President, I \n\n19 move that we accept the report of the Rules \n\n20 Committee, please, at this time.\n\n21 THE PRESIDENT: All in favor of \n\n22 accepting the report of the Rules Committee \n\n23 signify by saying aye.\n\n24 (Response of \"Aye.\")\n\n25 THE PRESIDENT: Any opposed?\n\n\f 5979\n\n 1 (No response.)\n\n 2 THE PRESIDENT: The Rules report is \n\n 3 accepted. \n\n 4 Senator Libous. \n\n 5 SENATOR LIBOUS: Mr. President, \n\n 6 could we have the noncontroversial reading of \n\n 7 Calendar Number 59C. \n\n 8 We will have it in a moment as soon \n\n 9 as everybody gets a copy of it. Mr. President, \n\n10 just a second. We want to make sure that \n\n11 everybody has a copy of this exciting agenda. \n\n12 Thank you. If we can take up the \n\n13 noncontroversial reading at this time.\n\n14 THE PRESIDENT: The Secretary will \n\n15 read Calendar Number 59C.\n\n16 THE SECRETARY: In relation to \n\n17 Calendar Number 1526, Senator Bonacic moves to \n\n18 discharge, from the Committee on Rules, Assembly \n\n19 Bill Number 8368A and substitute it for the \n\n20 identical Senate Bill Number 5635B, Third Reading \n\n21 Calendar 1526.\n\n22 THE PRESIDENT: Substitution \n\n23 ordered.\n\n24 The Secretary will read.\n\n25 THE SECRETARY: Calendar Number \n\n\f 5980\n\n 1 1526, by Member of the Assembly Weinstein, \n\n 2 Assembly Print 8368A, an act to amend Chapter 367 \n\n 3 of the Laws of 1999.\n\n 4 THE PRESIDENT: Senator Libous.\n\n 5 SENATOR LIBOUS: Mr. President, is \n\n 6 there a message of necessity at the desk, \n\n 7 please? \n\n 8 THE PRESIDENT: Yes, there is.\n\n 9 SENATOR LIBOUS: Could we please \n\n10 move to accept the message of necessity.\n\n11 THE PRESIDENT: All in favor of \n\n12 accepting the message of necessity say aye.\n\n13 (Response of \"Aye.\")\n\n14 THE PRESIDENT: Any opposed? \n\n15 (No response.)\n\n16 THE PRESIDENT: The message of \n\n17 necessity has been accepted.\n\n18 Read the last section.\n\n19 THE SECRETARY: Section 2. This \n\n20 act shall take effect immediately.\n\n21 THE PRESIDENT: Call the roll.\n\n22 (The Secretary called the roll.)\n\n23 THE PRESIDENT: The Secretary will \n\n24 announce the results.\n\n25 THE SECRETARY: In relation to \n\n\f 5981\n\n 1 Calendar 1526, those recorded in the negative are \n\n 2 Senators Maziarz, Nozzolio and Ritchie. \n\n 3 Ayes, 59. Nays, 3.\n\n 4 THE PRESIDENT: The bill is passed.\n\n 5 THE SECRETARY: Calendar Number \n\n 6 1527, by Senator Hannon, Senate Print 5851, an \n\n 7 act to amend the Social Services Law.\n\n 8 SENATOR LIBOUS: Mr. President, I \n\n 9 believe this bill is high right now. So we'll \n\n10 lay it aside temporarily until we get a message.\n\n11 THE PRESIDENT: The bill is laid \n\n12 aside temporarily.\n\n13 Senator Libous, that completes the \n\n14 noncontroversial reading of Calendar Number 59C.\n\n15 SENATOR LIBOUS: Thank you, \n\n16 Mr. President.\n\n17 At this time the Senate will stand \n\n18 at ease.\n\n19 THE PRESIDENT: The Senate will \n\n20 stand at ease.\n\n21 (Whereupon, the Senate stood at ease \n\n22 at 9:58 p.m.)\n\n23 (Whereupon, the Senate reconvened at \n\n24 10:53 p.m.)\n\n25 THE PRESIDENT: Senator Libous.\n\n\f 5982\n\n 1 SENATOR LIBOUS: Mr. President, at \n\n 2 this time I would ask that all remaining business \n\n 3 at the desk would be laid aside for the day.\n\n 4 THE PRESIDENT: So ordered.\n\n 5 SENATOR SKELOS: Mr. President. \n\n 6 THE PRESIDENT: Senator Skelos.\n\n 7 SENATOR SKELOS: I would just like \n\n 8 to comment so there's no misunderstanding of life \n\n 9 as it is right now. \n\n10 The reason why we're adjourning is \n\n11 there are still negotiations going on concerning \n\n12 mandate relief and -- basically mandate relief. \n\n13 So bills would not be ready until 4:00 or 5:00 in \n\n14 the morning. \n\n15 And I think for the good health of \n\n16 all the members and our guests that are here, we \n\n17 apologize, but we will be adjourning as per \n\n18 Senator Libous.\n\n19 THE PRESIDENT: Thank you, Senator.\n\n20 Senator Libous.\n\n21 SENATOR LIBOUS: Thank you, Senator \n\n22 Skelos. \n\n23 Before I do adjourn, though, could \n\n24 you please call on Senator Hassell-Thompson.\n\n25 THE PRESIDENT: Senator \n\n\f 5983\n\n 1 Hassell-Thompson.\n\n 2 SENATOR HASSELL-THOMPSON: Thank \n\n 3 you, Mr. President. \n\n 4 There will be a meeting of the \n\n 5 Democratic Conference at 9:30 a.m. in the \n\n 6 Democratic Conference Room.\n\n 7 THE PRESIDENT: Thank you, \n\n 8 Senator. \n\n 9 Meeting of the Democratic Conference \n\n10 at 9:30 a.m. in the Democratic Conference Room.\n\n11 Order, please (gaveling).\n\n12 Senator Libous. \n\n13 SENATOR LIBOUS: Thank you, \n\n14 Mr. President. \n\n15 Mr. President, there will be a \n\n16 9:30 a.m. Republican conference. \n\n17 And the Senate will stand adjourned \n\n18 until tomorrow at 10:00 a.m., June 24th.\n\n19 THE PRESIDENT: There will be a \n\n20 9:30 a.m. Republican conference. \n\n21 The Senate is adjourned until \n\n22 10:00 a.m. tomorrow morning, June 24th.\n\n23 (Whereupon, at 10:55 p.m., the \n\n24 Senate adjourned.)\n\n25\n\n\f\n"}]