<?xml version="1.0" encoding="utf-8"?>
<transcript id="null">
<timestamp>Jun 23, 2011 12:12:00 PM</timestamp>
<location>ALBANY, NEW YORK</location>
<session>REGULAR SESSION</session>
<text><![CDATA[
 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                  June 23, 2011

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR ROBERT J. DUFFY, President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                                5928

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

 2                THE PRESIDENT:   The Senate will 

 3   come to order.  

 4                Please stand and join me in the 

 5   Pledge of Allegiance.

 6                (Whereupon, the assemblage 

 7   recited the Pledge of Allegiance to the 

 8   Flag.)

 9                THE PRESIDENT:   In the absence 

10   of clergy, please join me in bowing our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                THE PRESIDENT:   Next we&apos;ll have 

15   the reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Wednesday, June 22nd, the Senate met pursuant 

18   to adjournment.  The Journal of Tuesday, 

19   June 21, was read and approved.  On motion, 

20   Senate adjourned.

21                THE PRESIDENT:   Without 

22   objection, the Journal stands approved as 

23   read.

24                Next, presentation of petitions.

25                Messages from the Assembly.

                                                                5929

 1                The Secretary will read.

 2                THE SECRETARY:   On page 26, 

 3   Senator Flanagan moves to discharge, from the 

 4   Committee on Investigations and Government 

 5   Operations, Assembly Bill Number 966B and 

 6   substitute it for the identical Senate Bill 

 7   Number 4813, Third Reading Calendar 1119.

 8                THE PRESIDENT:   Substitution 

 9   ordered.

10                Messages from the Governor.

11                Reports of standing committees.

12                Reports of select committees.

13                Communications and reports from 

14   state officers.

15                Motions and resolutions.

16                Senator Libous.

17                SENATOR LIBOUS:   Mr. President, 

18   if we could just hang on for one second.

19                THE PRESIDENT:   Senator 

20   Libous.  

21                SENATOR LIBOUS:   Mr. President, 

22   we have an active list on our desks, and at 

23   this time could we take up the 

24   noncontroversial reading.  

25                And I am told by the desk that 

                                                                5930

 1   the first bill, Number 267, is actually high, so 

 2   we would start at 1119.

 3                THE PRESIDENT:   The Secretary will 

 4   read the active list, starting at Number 1119.

 5                THE SECRETARY:   Calendar Number 

 6   1119, by Member of the Assembly Kellner, Assembly 

 7   Print 966B, an act to amend the Tax Law.

 8                THE PRESIDENT:   Read the last 

 9   section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                THE PRESIDENT:   Call the roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 54.

15                THE PRESIDENT:   The bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1354, by Senator Golden, Senate Print 2733A, an 

18   act to amend the State Finance Law.

19                SENATOR SQUADRON:   Lay it aside.

20                THE PRESIDENT:   The bill is laid 

21   aside.

22                THE SECRETARY:   Calendar Number 

23   1502, by Member of the Assembly Farrell, Assembly 

24   Print Number 8286, an act to amend the Real 

25   Property Tax Law.

                                                                5931

 1                THE PRESIDENT:   Read the last 

 2   section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                THE PRESIDENT:   Call the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 54.

 8                THE PRESIDENT:   The bill is passed.

 9                Senator Libous, that completes the 

10   reading of the noncontroversial calendar.  

11                SENATOR LIBOUS:   Mr. President, I 

12   think we can go to the controversial calendar as 

13   soon as we can find the sponsor of the bill.

14                THE PRESIDENT:   We&apos;ll stand by.  

15   The Secretary will ring the bell.

16                (Pause.)

17                SENATOR LIBOUS:   Mr. President, 

18   we&apos;re going to get started.  We just had a little 

19   procedural thing here.  We had to make sure that 

20   everybody had a copy of the bill.  

21                And I know that Senator Golden will 

22   be prepared to debate it momentarily.

23                THE PRESIDENT:   Thank you, Senator.

24                Senator Libous.  

25                SENATOR LIBOUS:   Mr. President, the 

                                                                5932

 1   sponsor would like to lay the bill aside for the 

 2   day.

 3                THE PRESIDENT:   The bill is laid 

 4   aside for the day.

 5                That completes the reading of the 

 6   active list, Senator Libous.  

 7                SENATOR LIBOUS:   Mr. President, I 

 8   believe that Senator Hassell-Thompson would like 

 9   to be recognized at this time.

10                THE PRESIDENT:   Senator 

11   Hassell-Thompson.

12                SENATOR HASSELL-THOMPSON:   Thank 

13   you, Senator Libous.

14                Mr. President, there will be an 

15   immediate meeting of the Democratic Conference in 

16   the Democratic Conference Room.

17                SENATOR LIBOUS:   Mr. President, 

18   pending the immediate meeting of the Democratic 

19   Conference, there will be a Rules Committee 

20   meeting in Room 332.  Let me see if I can get a 

21   time on that.

22                SENATOR HASSELL-THOMPSON:   Assuming 

23   that the bills are there, Senator Libous, I would 

24   think that we would need 25 minutes.

25                SENATOR LIBOUS:   And, Senator, I&apos;m 

                                                                5933

 1   told the bills were there about 10 minutes ago.  

 2   So I hope that it is indeed true.

 3                 Having said that, we&apos;ll have a 

 4   Rules Committee meeting at 1 o&apos;clock.

 5                THE PRESIDENT:   Rules Committee 

 6   meeting at 1 o&apos;clock.  Democratic conference 

 7   immediately.  

 8                SENATOR LIBOUS:   Mr. President, we 

 9   will go immediately to the Rules Committee at 

10   1 o&apos;clock.  So at 1 o&apos;clock, do not come back to 

11   the chamber if you&apos;re on the Rules Committee, go 

12   to Room 332.

13                THE PRESIDENT:   Per Senator Libous, 

14   1 o&apos;clock meeting of the Rules Committee in 

15   Room 332.  

16                The Senate stands at ease.

17                (Whereupon, the Senate stood at ease 

18   at 12:22 p.m.)

19                (Whereupon, the Senate reconvened at 

20   1:44 p.m.)

21                THE PRESIDENT:   The Senate will 

22   come to order.

23                Senator Libous.

24                SENATOR LIBOUS:   Mr. President, we 

25   have an active list that is before us, a 

                                                                5934

 1   supplemental active list.  And I would like to 

 2   have a noncontroversial reading of that list 

 3   right now.  It starts with Calendar Number 914.  

 4   Supplemental active list.

 5                THE PRESIDENT:   The Secretary will 

 6   read.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 914, on page 19 Senator Savino 

 9   moves to discharge, from the Committee on 

10   Judiciary, Assembly Bill Number 7632 and 

11   substitute it for the identical Senate Bill 

12   Number 4302A, Calendar Number 914.

13                THE PRESIDENT:   Substitution 

14   ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   914, by Member of the Assembly Rosenthal, 

18   Assembly Print Number 7632, an act to amend the 

19   Family Court Act.

20                THE PRESIDENT:   Read the last 

21   section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                THE PRESIDENT:   Call the roll.

25                (The Secretary called the roll.)

                                                                5935

 1                THE SECRETARY:   Ayes, 62.

 2                THE PRESIDENT:   The bill is passed.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 1107, Senator Ball moves to 

 5   discharge, from the Committee on Rules, Assembly 

 6   Bill Number 1428B and substitute it for the 

 7   identical Senate Bill Number 4583A, Calendar 

 8   Number 1107.

 9                THE PRESIDENT:   Substitution 

10   ordered.  

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1107, by Member of the Assembly Castelli, 

14   Assembly Print Number 1428B, an act to amend the 

15   Military Law.

16                THE PRESIDENT:   Read the last 

17   section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                THE PRESIDENT:   Call the roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                THE PRESIDENT:   The bill is passed.

24                THE SECRETARY:   In relation to 

25   Calendar Number 1141, Senator Hannon moves to 

                                                                5936

 1   discharge, from the Committee on Rules, Assembly 

 2   Bill Number 3304A and substitute it for the 

 3   identical Senate Bill Number 5556, Calendar 

 4   Number 1141.

 5                THE PRESIDENT:   Substitution 

 6   ordered.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1141, by Member of the Assembly Gottfried, 

10   Assembly Print Number 3304A, an act to amend the 

11   Public Health Law.

12                THE PRESIDENT:   Read the last 

13   section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                THE PRESIDENT:   Call the roll.

17                (The Secretary called the roll.)

18                THE PRESIDENT:   Senator Hannon to 

19   explain his vote.

20                SENATOR HANNON:   Thank you, 

21   Mr. President.

22                This legislation would draw together 

23   a number of existing programs that are 

24   functioning well in the state.  The whole idea of 

25   these programs, which are known as medical-legal 

                                                                5937

 1   aid partnerships, is to make sure that patients 

 2   and potential patients who interact with the 

 3   healthcare system are assisted in the often 

 4   complex procedures for enrollment and continued 

 5   participation.

 6                We have these partnerships in 

 7   Buffalo, Rochester, Syracuse, Albany, 

 8   White Plains, five in New York City, and 

 9   Long Island.

10                By enacting this and keeping this 

11   movement going I think we make the system better 

12   for both the providers -- the providers being 

13   clinics and hospitals -- and for the patients 

14   themselves, especially as we go through the new 

15   complexities of what will be a federal healthcare 

16   change.

17                I thank you very much, 

18   Mr. President.  I recommend a yes vote.

19                THE PRESIDENT:   Thank you, Senator.

20                Senator Hannon&apos;s vote will be 

21   recorded in the affirmative.

22                The Secretary will announce the 

23   results.

24                THE SECRETARY:   Ayes, 62.

25                THE PRESIDENT:   The bill is passed.

                                                                5938

 1                THE SECRETARY:   Calendar Number 

 2   1512, by Senator Lanza, an act to amend the 

 3   Education Law.

 4                THE PRESIDENT:   Read the last 

 5   section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                THE PRESIDENT:   Call the roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Those recorded in 

11   the negative on Calendar 1512 are Senators Ball, 

12   Gianaris, Hassell-Thompson, Huntley, L. Krueger, 

13   Montgomery, Perkins, Ranzenhofer, Rivera, Saland, 

14   Serrano and Squadron.  Also Senator Parker.

15                Ayes, 49.  Nays, 13.

16                THE PRESIDENT:   The bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1520, by Member of the Assembly Abbate, Assembly 

19   Print 7605A, an act to amend the Retirement and 

20   Social Security Law.

21                THE PRESIDENT:   Read the last 

22   section.

23                THE SECRETARY:   Section 7.  This 

24   act shall take effect at the beginning of the 

25   first payroll.

                                                                5939

 1                THE PRESIDENT:   Call the roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                THE PRESIDENT:   The bill is passed.

 5                Senator Libous, that completes the 

 6   noncontroversial reading of the supplemental 

 7   active list.

 8                SENATOR LIBOUS:   Mr. President, at 

 9   this time I want to move to reports of standing 

10   committees.  I believe there&apos;s a report of the 

11   Rules Committee at the desk.  And after it&apos;s 

12   read, I will ask you if we could accept that 

13   report.

14                THE PRESIDENT:   Reports of standing 

15   committees.  

16                The Secretary will read the report 

17   of the Rules Committee.

18                THE SECRETARY:   Senator Skelos, 

19   from the Committee on Rules, reports the 

20   following bills:  

21                Senate Print 3923, by Senator Smith, 

22   an act to amend the Penal Law; 

23                3939, by Senator Adams, an act to 

24   amend the Education Law;

25                4315, by Senator Golden, an act to 

                                                                5940

 1   amend the Public Officers Law; 

 2                4879, by Senator Bonacic, an act to 

 3   amend the Education Law; 

 4                5189, by Senator Avella, an act to 

 5   amend the Correction Law; 

 6                5666, by Senator Larkin, an act to 

 7   amend the General Municipal Law; 

 8                5670, by Senator Little, an act to 

 9   amend the Public Authorities Law; 

10                5742, by Senator Larkin, an act to 

11   amend the Public Authorities Law; 

12                5765, by Senator Farley, an act to 

13   relating to permitting;

14                5804, by Senator O&apos;Mara, an act to 

15   amend the Retirement and Social Security Law;

16                5818, by Senator O&apos;Mara, an act to 

17   amend the Highway Law; 

18                5829, by Senator Grisanti, an act to 

19   amend the Alcoholic Beverage Control Law; 

20                5833, by Senator Hannon, an act to 

21   amend Chapter 474 of the Laws of 1996;

22                And Senate Print 5849, by Senator 

23   Seward, an act to amend the Public Authorities 

24   Law.

25                All bills ordered direct to third 

                                                                5941

 1   reading.

 2                THE PRESIDENT:   Senator Libous, 

 3   Number 3939 was inadvertently read.  It is not on 

 4   the Rules report.

 5                SENATOR LIBOUS:   It is not on the 

 6   Rules report.  Then it will not be reported.

 7                THE PRESIDENT:   It will not be 

 8   reported.

 9                SENATOR LIBOUS:   That&apos;s correct.  

10                Could we then move the Rules report 

11   at this time.

12                THE PRESIDENT:   All in favor of 

13   accepting the report of the Rules Committee 

14   signify by saying aye.  

15                (Response of &quot;Aye.&quot;)

16                THE PRESIDENT:   Any opposed?  

17                (No response.)

18                THE PRESIDENT:   The Rules report is 

19   accepted.

20                Senator Libous.

21                SENATOR LIBOUS:   Mr. President, at 

22   this time we will now take up Supplemental 

23   Calendar Number 59A, the noncontroversial 

24   reading.

25                THE PRESIDENT:   The Secretary will 

                                                                5942

 1   read.

 2                THE SECRETARY:   Calendar Number 

 3   1525, by Senator Smith, Senate Print 3923, an act 

 4   to amend the Penal Law.

 5                THE PRESIDENT:   Read the last 

 6   section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect on the first of November.

 9                THE PRESIDENT:   Call the roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                THE PRESIDENT:   The bill is passed.

13                THE SECRETARY:   In relation to 

14   Calendar Number 1528, Senator Golden moves to 

15   discharge, from the Committee on Rules, Assembly 

16   Bill Number 6308 and substitute it for the 

17   identical Senate Bill Number 4315, Calendar 

18   Number 1528.

19                THE PRESIDENT:   Substitution 

20   ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   1528, by Member of the Assembly Abbate, Assembly 

24   Print 6308, an act to amend the Public Officers 

25   Law.  

                                                                5943

 1                THE PRESIDENT:   Read the last 

 2   section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                THE PRESIDENT:   Call the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.  Nays, 

 8   1.  Senator Duane recorded in the negative.

 9                THE PRESIDENT:   The bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1529, by Senator Bonacic, Senate Print 4879, an 

12   act to amend the Education Law.

13                THE PRESIDENT:   Read the last 

14   section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                THE PRESIDENT:   Call the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 62.

20                THE PRESIDENT:   The bill is passed.

21                THE SECRETARY:   Calendar Number 

22   1530, by Senator Avella, Senate Print 5189, an 

23   act to amend the Correction Law.

24                THE PRESIDENT:   Read the last 

25   section.

                                                                5944

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                THE PRESIDENT:   Call the roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Those recorded in 

 6   the negative on Senate Print 5189:  Senator 

 7   DeFrancisco.  

 8                Ayes, 61.  Nays, 1.

 9                THE PRESIDENT:   The bill is passed.

10                THE SECRETARY:   In relation to 

11   Calendar Number 1531, Senator Larkin moves to 

12   discharge, from the Committee on Rules, Assembly 

13   Bill Number 3146, and substitute it for the 

14   identical Senate Bill Number 5666, Calendar 

15   Number 1531.

16                THE PRESIDENT:   Substitution 

17   ordered.

18                SENATOR BRESLIN:   Lay it aside.

19                THE PRESIDENT:   The bill is laid 

20   aside.

21                THE SECRETARY:   Calendar Number 

22   1532, by Senator Little, Senate Print 5670, an 

23   act to amend the Public Authorities Law.

24                THE PRESIDENT:   There is a 

25   home-rule message at the desk.  

                                                                5945

 1                Read the last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                THE PRESIDENT:   Call the roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                THE PRESIDENT:   The bill is passed.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 1533, Senator Larkin moves to 

10   discharge, from the Committee on Rules, Assembly 

11   Bill Number 2245 and substitute it for the 

12   identical Senate Bill Number 5742, Third Reading 

13   Calendar 1533.

14                THE PRESIDENT:   Substitution 

15   ordered.  

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1533, by Member of the Assembly Rabbitt, an act 

19   to amend the Public Authorities Law.

20                THE PRESIDENT:   Read the last 

21   section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                THE PRESIDENT:   Call the roll.

25                (The Secretary called the roll.)

                                                                5946

 1                THE SECRETARY:   Ayes, 62.

 2                THE PRESIDENT:   The bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1534, by Senator Farley, Senate Print 5765, an 

 5   act relating to permitting.  

 6                THE PRESIDENT:   Read the last 

 7   section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                THE PRESIDENT:   Call the roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                THE PRESIDENT:   The bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1535, by Senator O&apos;Mara, Senate Print 5804, an 

16   act to amend the Retirement and Social Security 

17   Law.

18                THE PRESIDENT:   There is a 

19   home-rule message at the desk.  

20                Read the last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect immediately.

23                THE PRESIDENT:   Call the roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 62.

                                                                5947

 1                THE PRESIDENT:   The bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1536, by Senator O&apos;Mara, Senate Print 5818, an 

 4   act to amend the Highway Law.

 5                THE PRESIDENT:   Read the last 

 6   section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                THE PRESIDENT:   Call the roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                THE PRESIDENT:   The bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1537, by Senator Grisanti, Senate Print 5829, an 

15   act to amend the Alcoholic Beverage Control Law.

16                THE PRESIDENT:   Read the last 

17   section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                THE PRESIDENT:   Call the roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Those recorded 

23   in the negative on Senate Print 5829 are Senators 

24   Fuschillo and L. Krueger.

25                Ayes, 60.  Nays, 2.

                                                                5948

 1                THE PRESIDENT:   The bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1538, by Senator Hannon, Senate Print 5833, an 

 4   act to amend Chapter 474 of the Laws of 1996.

 5                THE PRESIDENT:   Read the last 

 6   section.

 7                THE SECRETARY:   Section 2.  This 

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

 9   same manner as a chapter of the Laws of 2011.

10                THE PRESIDENT:   Call the roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.  

13                THE PRESIDENT:   The bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1539, by Senator Seward, Senate Print 5849, an 

16   act to amend the Public Authorities Law.

17                THE PRESIDENT:   Senator LaValle.

18                SENATOR LaVALLE:   That bill is 

19   high.  Can we lay that aside for the day.

20                THE PRESIDENT:   The bill is laid 

21   aside for the day.

22                Senator LaValle, that completes the 

23   noncontroversial reading of Senate Supplemental 

24   Calendar Number 59A.

25                SENATOR LaVALLE:   Mr. President, 

                                                                5949

 1   can we go to the controversial reading of the 

 2   calendar.

 3                THE PRESIDENT:   The Secretary will 

 4   ring the bell.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   1531, by Member of the Assembly Calhoun, Assembly 

 8   Print Number 3146, an act to amend the General 

 9   Municipal Law.

10                SENATOR KRUEGER:   Explanation.

11                THE PRESIDENT:   Senator Larkin for 

12   an explanation, please.

13                SENATOR LARKIN:   Senator Breslin, 

14   are you --

15                SENATOR BRESLIN:   Explanation, 

16   please.

17                SENATOR LARKIN:   Thank you very 

18   much.

19                This is a request from a local 

20   government.  What happened was during the course 

21   of the last 18 months an industrial development 

22   agency gave excessive tax breaks that the town 

23   board thought were out of order and were never 

24   brought to the attention of the town board.  

25                So the town board went and checked 

                                                                5950

 1   out some other municipalities in the state and 

 2   around the state, and they came up with a 

 3   proposal which I think is very smooth.  It&apos;s a 

 4   mixed board, so it isn&apos;t right wings, left 

 5   wings.  And what they wanted to do was to have a 

 6   written consent of the chief executive officer of 

 7   the town prior to the approval of any 

 8   applications under the PILOT program.  

 9                They also want to make sure that 

10   there&apos;s no impact on the municipality, that 

11   granting something out of line just to attract a 

12   business would not be of benefit to the town.  

13   They&apos;re saying that the application must have at 

14   least one member of the Chester&apos;s governing board 

15   and three members drawn from a cross-section 

16   within the municipality.  Which is open 

17   government.  I think it&apos;s the right thing to do.  

18                This town has been very successful.  

19   It&apos;s moving along very fine.  This has been a -- 

20   the county government thinks it&apos;s the right 

21   attitude, I think it&apos;s the right -- and I think 

22   if we&apos;re being serious about home rule, then I 

23   think we should be saying to local government:  

24   Thank you.  Thank you for not just asking the 

25   town board to do it, but having a joint venture 

                                                                5951

 1   between the developer, the town, and bringing in 

 2   outsiders to watch the project.

 3                THE PRESIDENT:   Senator Krueger.

 4                SENATOR KRUEGER:   Thank you, 

 5   Mr. President.  On the bill.

 6                I appreciate the sponsor&apos;s 

 7   explanation of his bill, and I support the bill.  

 8   I wanted to raise for this house that I think 

 9   this is exactly the kind of policy that should be 

10   in place whenever there&apos;s a PILOT deal that is 

11   made anywhere in the state.  

12                If you look at the history of the 

13   too many IDAs, the too many IDAs without enough 

14   oversight, as several State Comptroller&apos;s reports 

15   have shown, you start to understand that this 

16   model of giving away somebody else&apos;s tax revenue 

17   at the local level has gotten out of control.  

18                And so I think that Senator Larkin&apos;s 

19   bill is an excellent bill.  And given the fact 

20   that there are so many concerns about the 

21   overproliferation of IDAs and the dangers and 

22   risks to local communities of some small group of 

23   people deciding to give away a community&apos;s tax 

24   revenue, sometimes for decades into the future, 

25   this bill and this model should be looked at very 

                                                                5952

 1   seriously by the state as a model that applies 

 2   anytime an IDA is attempting to give away a local 

 3   government&apos;s tax revenue.  

 4                I certainly support this bill, 

 5   Mr. President.  Thank you.

 6                THE PRESIDENT:   Thank you, Senator.

 7                Any other Senators wishing to speak 

 8   on this bill?

 9                The debate is closed.

10                The Secretary will ring the bell.  

11                THE PRESIDENT:   On Senate 1531, the 

12   Secretary will read the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                THE PRESIDENT:   Call the roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 61.  

18                Absent from voting:  Senator 

19   Peralta.

20                THE PRESIDENT:   The bill is passed.

21                Senator LaValle, that completes the 

22   controversial reading of Senate Supplemental 

23   Calendar 59A. 

24                SENATOR LaVALLE:   Mr. President, 

25   can we stand at ease.

                                                                5953

 1                THE PRESIDENT:   The Senate will now 

 2   stand at ease.

 3                (Whereupon, the Senate stood at ease 

 4   at 2:11 p.m.)

 5                (Whereupon, the Senate reconvened at 

 6   4:00 p.m.)

 7                SENATOR LIBOUS:   Mr. President, 

 8   would you call on Senator Breslin, please.

 9                ACTING PRESIDENT ROBACH:   Senator 

10   Breslin.

11                SENATOR BRESLIN:   Thank you, 

12   Mr. President.

13                There will be an immediate meeting 

14   of the Democratic Conference in Room 314, 

15   followed by -- well, there will be a Rules 

16   meeting at 4:30.

17                SENATOR LIBOUS:   And I am going to 

18   do exactly what Senator Breslin says.  

19                There will be a Rules Committee 

20   meeting in Room 332 at 4:30 sharp, a Rules 

21   meeting in Room 332 at 4:30 sharp.

22                And I think, if we could, 

23   Mr. President, just go to motions and resolutions 

24   for a second.  They want me to read a motion.

25                ACTING PRESIDENT ROBACH:   Okay.  

                                                                5954

 1   Motions and resolutions.

 2                SENATOR LIBOUS:   This is on behalf 

 3   of Senator Golden.  Mr. President, I move to 

 4   amend Senate Print 4269B by striking out the 

 5   amendments made on June 17th and restoring it to 

 6   its previous print number, 4269A.

 7                ACTING PRESIDENT ROBACH:   So 

 8   ordered.

 9                Senator Libous.

10                SENATOR LIBOUS:   Okay.  The Senate 

11   will stand at ease.

12                ACTING PRESIDENT ROBACH:   The 

13   Senate will stand at ease.  There will be a 

14   Democratic conference in Room 314.  The Senate 

15   will stand at ease.  And there will be a Rules 

16   meeting at 4:30 in Room 332.

17                (Whereupon, the Senate stood at ease 

18   at 4:02 p.m.)

19                (Whereupon, the Senate reconvened at 

20   5:05 p.m.)

21                THE PRESIDENT:   The Senate will 

22   come to order.

23                Senator Libous.

24                SENATOR LIBOUS:   Mr. President, how 

25   are you?

                                                                5955

 1                THE PRESIDENT:   Senator, I&apos;m fine.  

 2   How are you?  

 3                SENATOR LIBOUS:   Good, thank you.  

 4                At this time I think there&apos;s a 

 5   report of the Rules Committee at the desk.  If we 

 6   could have it read and then I will move to accept 

 7   it.

 8                THE PRESIDENT:   The Secretary will 

 9   read the report of the Rules Committee.  

10                THE SECRETARY:   Senator Skelos, 

11   from the Committee on Rules, reports the 

12   following bills:  

13                Senate Print 4269A, by Senator 

14   Golden, an act to amend the Public Health Law; 

15                5702, by Senator Klein, an act to 

16   amend the Agriculture and Markets Law; 

17                And 5801, by Senator Bonacic, an act 

18   to amend the Estates, Powers and Trusts Law.

19                All bills ordered direct to third 

20   reading.

21                THE PRESIDENT:   Senator Libous.

22                SENATOR LIBOUS:   Move to accept the 

23   report of the Rules Committee, please.

24                THE PRESIDENT:   All in favor of 

25   accepting the report of the Rules Committee 

                                                                5956

 1   signify by saying aye.

 2                (Response of &quot;Aye.&quot;)

 3                THE PRESIDENT:   Any opposed?  

 4                (No response.)

 5                THE PRESIDENT:   The Rules report is 

 6   accepted.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Mr. President, we 

 9   have in front of all of us Supplemental Active 

10   List Number 2.  If we could have the 

11   noncontroversial reading of that list.

12                THE PRESIDENT:   The Secretary will 

13   read the noncontroversial reading of Supplemental 

14   Active List Number 2.

15                THE SECRETARY:   Calendar Number 

16   375, by Senator Fuschillo, Senate Print 3768B, an 

17   act to amend the Vehicle and Traffic Law.

18                THE PRESIDENT:   Read the last 

19   section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                THE PRESIDENT:   Call the roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                THE PRESIDENT:   The bill is passed.

                                                                5957

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 457, on page 12 Senator Breslin 

 3   moves to discharge, from the Committee on 

 4   Investigations and Government Operations, 

 5   Assembly Bill Number 508 and substitute it for 

 6   the identical Senate Bill Number 820, Third 

 7   Reading Calendar 457.

 8                THE PRESIDENT:   Substitution 

 9   ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   457, by Member of the Assembly McEneny, Assembly 

13   Print 508, an act to amend the Tax Law.

14                THE PRESIDENT:   Read the last 

15   section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                SENATOR LIBOUS:   Mr. President, 

19   would you lay that bill aside just temporarily.  

20   I know that Senator Breslin and I have discussed 

21   that.

22                THE PRESIDENT:   The bill is laid 

23   aside temporarily.  

24                The Secretary will continue to read.

25                THE SECRETARY:   In relation to 

                                                                5958

 1   Calendar Number 464, on page 12 Senator 

 2   Oppenheimer moves to discharge, from the 

 3   Committee on Investigations and Government 

 4   Operations --

 5                SENATOR LIBOUS:   Lay that aside 

 6   also temporarily.

 7                THE PRESIDENT:   Senator Libous, we 

 8   need to do the substitution first and then lay it 

 9   aside.

10                The Secretary will read the 

11   substitution.

12                THE SECRETARY:   On page 12, Senator 

13   Oppenheimer moves to discharge, from the 

14   Committee on Investigations and Government 

15   Operations, Assembly Bill Number 3243 and 

16   substitute it for the identical Senate Bill 

17   Number 2915, Third Reading Calendar 464.

18                THE PRESIDENT:   Substitution 

19   ordered.

20                The bill is laid aside temporarily.

21                THE SECRETARY:   Calendar Number 

22   1034, by Senator Young, Senate Print 4381A, an 

23   act to amend the Real Property Tax Law.

24                SENATOR LIBOUS:   Lay it aside 

25   temporarily.

                                                                5959

 1                THE PRESIDENT:   Lay the bill aside 

 2   temporarily.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 1433, on page 29 Senator Robach 

 5   moves to discharge, from the Committee on Rules, 

 6   Assembly Bill Number 7811B and substitute it for 

 7   the identical Senate Bill Number 4886B, Third 

 8   Reading Calendar 1433.

 9                THE PRESIDENT:   Substitution 

10   ordered.

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1433, by Member of the Assembly Morelle, Assembly 

14   Print 7811B, an act to amend the Penal Law.

15                THE PRESIDENT:   Read the last 

16   section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect on the first of November.

19                THE PRESIDENT:   Call the roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 62.

22                THE PRESIDENT:   The bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1451, by Senator Seward, Senate Print 2369C, an 

25   act to amend the --

                                                                5960

 1                SENATOR LIBOUS:   Lay it aside for 

 2   the day.

 3                THE PRESIDENT:   The bill is laid 

 4   aside for the day.

 5                Senator Libous, that completes the 

 6   reading of the noncontroversial Supplemental 

 7   Active List Number 2.

 8                SENATOR LIBOUS:   Mr. President, I 

 9   believe we have the report of the Rules Committee 

10   at the desk.  And maybe we can do a bill on 

11   there.

12                THE PRESIDENT:   The Secretary will 

13   read.

14                THE SECRETARY:   In relation to 

15   Calendar Number 1540, Senator Golden moves to 

16   discharge, from the Committee on Rules, Assembly 

17   Bill Number 6037A and substitute it for the 

18   identical Senate Bill Number 4269A, Third Reading 

19   Calendar 1540.

20                THE PRESIDENT:   Substitution 

21   ordered.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   1540, by Member of the Assembly Brook-Krasny, 

25   Assembly Print 6037A, an act to amend the Public 

                                                                5961

 1   Health Law.

 2                THE PRESIDENT:   Read the last 

 3   section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the first of January.

 6                THE PRESIDENT:   Call the roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                THE PRESIDENT:   The bill is passed.

10                THE SECRETARY:   In relation to 

11   Calendar Number 1541, Senator Klein moves to 

12   discharge, from the Committee on Rules, Assembly 

13   Bill Number 7502A and substitute it for the 

14   identical Senate Bill Number 5702, Third Reading 

15   Calendar 1541.

16                THE PRESIDENT:   Substitution 

17   ordered.

18                The Secretary will read.

19                SENATOR LIBOUS:   Lay it aside 

20   temporarily.

21                THE PRESIDENT:   The bill is laid 

22   aside temporarily.

23                THE SECRETARY:   In relation to 

24   Calendar Number 1542, Senator Bonacic moves to 

25   discharge, from the Committee on Rules, Assembly 

                                                                5962

 1   Bill Number 8297A and substitute it for the 

 2   identical Senate Bill Number 5801, Third Reading 

 3   Calendar 1542.

 4                THE PRESIDENT:   Substitution 

 5   ordered.

 6                The Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   1542, by Member of the Assembly Weinstein, 

 9   Assembly Print 8297A, an act to amend the 

10   Estates, Powers and Trusts Law.

11                THE PRESIDENT:   Read the last 

12   section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                THE PRESIDENT:   Call the roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                THE PRESIDENT:   The bill is passed.

19                Senator Libous, that completes the 

20   reading of the noncontroversial Rules calendar.

21                SENATOR LIBOUS:   Mr. President, we 

22   are waiting at this time for some legislation to 

23   be printed and some various activities.  I 

24   apologize for the inconsistency this afternoon, 

25   but that&apos;s what usually happens towards the end 

                                                                5963

 1   of session.  

 2                We&apos;re going to stand at ease for 

 3   maybe an hour, an hour and a half, waiting for 

 4   some bills to come up and be printed.  And then 

 5   we will come back here and we&apos;ll make an 

 6   announcement as to when we&apos;re more definitive.

 7                So I would tell members to please 

 8   mill around and do what you have to do in your 

 9   offices, but I don&apos;t expect us back here for 

10   another hour, hour and a half.

11                THE PRESIDENT:   Thank you, Senator.

12                The Senate is at ease.

13                (Whereupon, the Senate stood at ease 

14   at 5:12 p.m.)

15                (Whereupon, the Senate reconvened at 

16   9:18 p.m.)

17                THE PRESIDENT:   The Senate will 

18   come to order.

19                Senator Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.  Could we have the 

22   Sergeant-at-Arms close the doors, please.  

23                Sarge, close the doors, please.

24                THE PRESIDENT:   If the 

25   Sergeant-at-Arms will close the doors.

                                                                5964

 1                SENATOR LIBOUS:   Mr. President, 

 2   could we go to motions and resolutions at this 

 3   time.

 4                THE PRESIDENT:   Motions and 

 5   resolutions.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Mr. President, on 

 8   behalf of Senator Young -- this is a busy one -- 

 9   I wish to call up Calendar Number 820, Assembly 

10   Print Number 5448.

11                THE PRESIDENT:   The Secretary will 

12   read.

13                THE SECRETARY:   Calendar Number 

14   820, by Member of the Assembly Morelle, Assembly 

15   Print Number 5448, an act to amend the Labor Law.

16                SENATOR LIBOUS:   Mr. President, I 

17   now move to reconsider the vote by which the 

18   Assembly bill was substituted for Senator Young&apos;s 

19   bill, Senate Print 2837, on June 21st.

20                THE PRESIDENT:   Call the roll on 

21   reconsideration.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 62.

24                SENATOR LIBOUS:   Mr. President, I 

25   now move that Assembly Bill Number 5448 be 

                                                                5965

 1   committed to the Committee on Rules and that 

 2   Senator Young&apos;s Senate bill be restored to the 

 3   order of the Third Reading Calendar.

 4                THE PRESIDENT:   So ordered.

 5                SENATOR LIBOUS:   That was a long 

 6   one, Mr. President.

 7                Okay, Mr. President, at this time we 

 8   have a Supplemental Active Calendar Number 3.  

 9   And if we could do the noncontroversial reading 

10   of that calendar.

11                THE PRESIDENT:   The Secretary will 

12   read.

13                THE SECRETARY:   In relation to 

14   Calendar Number 621, on page 14 Senator Golden 

15   moves to discharge, from the Committee on 

16   Housing, Construction and Community Development, 

17   Assembly Bill Number 5375 and substitute it for 

18   the identical Senate Bill Number 4035, Third 

19   Reading Calendar 621.

20                THE PRESIDENT:   Substitution 

21   ordered.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   621, by Member of the Assembly Lopez, Assembly 

25   Print Number 5375, an act to amend the Multiple 

                                                                5966

 1   Dwelling Law.

 2                THE PRESIDENT:   Read the last 

 3   section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                THE PRESIDENT:   Call the roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                THE PRESIDENT:   The bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1187, by Senator Larkin, Senate Print 2678, an 

12   act to amend the Tax Law.

13                THE PRESIDENT:   Read the last 

14   section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                THE PRESIDENT:   Call the roll.

18                (The Secretary called the roll.)

19                THE PRESIDENT:   Senator Rivera to 

20   explain his vote.

21                SENATOR RIVERA:   Thank you, 

22   Mr. President.

23                As I have argued many times on the 

24   floor of the Senate, we need to be thinking about 

25   how we utilize some of our resources, where we 

                                                                5967

 1   get some of our revenue.  

 2                I will be voting in the negative on 

 3   this bill because I do not believe that at a time 

 4   when we are not extending, as I have said many 

 5   times, the personal income tax surcharge on 

 6   wealthier New Yorkers -- we are extending sales 

 7   taxes all over the place and now we are further 

 8   giving them a tax cut by allowing the same 

 9   millionaires who are getting a tax cut from the 

10   federal government and from the state for the 

11   nonextension of the personal income tax surcharge 

12   to now be able to purchase some of their planes 

13   with a further tax cut -- with a tax credit.  

14                So I will be voting in the negative 

15   on this.  I encourage all my colleagues to do the 

16   same.  And as we look for more revenue and make 

17   better decisions about where we spend our 

18   resources, I do not believe that this is the type 

19   of bill that we should be introducing or passing 

20   to do those things.

21                Thank you, Mr. President.  I&apos;ll be 

22   voting in the negative on this bill.

23                THE PRESIDENT:   Thank you, Senator.

24                Senator Rivera will be noted in the 

25   negative.

                                                                5968

 1                The Secretary will announce the 

 2   results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 1187, those recorded in the 

 5   negative are Senators Addabbo, Avella, Diaz, 

 6   Duane, Espaillat, Gianaris, Hassell-Thompson, 

 7   Huntley, L. Krueger, C. Kruger, Parker, Peralta, 

 8   Rivera, Serrano, Stavisky and Stewart-Cousins.  

 9   Also Senator Perkins.  

10                Ayes, 45.  Nays, 17.

11                THE PRESIDENT:   The bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1343, by Senator Golden, Senate Print 5577A, an 

14   act to amend the Tax Law.

15                THE PRESIDENT:   Read the last 

16   section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                THE PRESIDENT:   Call the roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 62.

22                THE PRESIDENT:   The bill is 

23   passed.  

24                THE SECRETARY:   Calendar Number 

25   1514, by Senator Golden, Senate Print 4067A, an 

                                                                5969

 1   act to amend the Education Law.

 2                THE PRESIDENT:   Read the last 

 3   section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                THE PRESIDENT:   Call the roll.

 7                (The Secretary called the roll.)

 8                THE PRESIDENT:   Senator 

 9   Stewart-Cousins to explain her vote.  

10                Senator Krueger to explain her vote 

11   first.

12                SENATOR KRUEGER:   Thank you very 

13   much, Mr. President.  I rise to just quickly 

14   explain why I am voting no on this bill.

15                I understand the concerns of the Big 

16   Four school districts.  But when you do 

17   amortization of pensions, what you&apos;re doing is 

18   borrowing money now to have to pay it back later 

19   with interest, and you end up making your pension 

20   costs even greater over the long run due to the 

21   interest you must pay on the amortized portions.  

22                You&apos;re basically potentially, in 

23   this year, seeing a situation where we may later 

24   in the session or even later tonight be passing a 

25   property tax cap which will limit school 

                                                                5970

 1   districts&apos; revenue streams.  But we are now 

 2   passing this bill allowing school districts to 

 3   borrow money that they will have to pay back to 

 4   themselves with interest.  And so I see it as a 

 5   double risk for future ability to repay.

 6                I do understand how difficult the 

 7   situation is for so many school districts.  It&apos;s 

 8   in fact one of the reasons why I voted no on the 

 9   school portion of the state budget, because I 

10   thought we&apos;d be doing too much harm to school 

11   districts.  And in fact we have, and some school 

12   districts now find themselves needing to borrow 

13   to pay their own costs.  

14                I understand the dilemma for them, 

15   and I am empathetic with the dilemma.  But I 

16   actually believe allowing this possibility will 

17   make their problems even large in future years, 

18   which is why I&apos;m voting no.

19                Thank you, Mr. President.  

20                THE PRESIDENT:   Thank you, 

21   Senator.  

22                Senator Krueger will be recorded in 

23   the negative.

24                Senator Stewart-Cousins to explain 

25   her vote.

                                                                5971

 1                SENATOR STEWART-COUSINS:   Yes, 

 2   thank you, Mr. President.  

 3                I rise to certainly say thank you to 

 4   my colleagues and thank you, Senator Golden, for 

 5   putting forth this bill.  

 6                We all know how difficult it is for 

 7   our school districts, especially the Big Four 

 8   school districts.  We understand that the state 

 9   as well as federal government and all other 

10   assorted forces have come together to make this a 

11   very, very difficult time.  And we are all doing 

12   what we need to do in order to make our education 

13   for our students as good as it can be.

14                In the City of Yonkers, without this 

15   bill they will lose $5 million.  And we talk 

16   about economic recovery and we talk about keeping 

17   our education system on track.  That $5 million 

18   will help to restore some of the 300 jobs that 

19   would have been lost if we did not do this 

20   tonight.

21                So when you talk about keeping the 

22   communities stable, keeping education at the 

23   forefront, and understanding the impact of not 

24   having what is needed to keep the district going, 

25   something like this -- smoothing out the pension 

                                                                5972

 1   payments, allowing them to at least stabilize 

 2   and, again, save jobs -- makes all the difference 

 3   in the world for those children, for that school 

 4   district, and hopefully for the future.

 5                We made some tough decisions today 

 6   in order for next year to have a better fiscal 

 7   outlook.  And I&apos;m hoping that that better fiscal 

 8   outlook will return the dollars to school systems 

 9   as we cap taxes, as we do all the other things, 

10   that we start really creating an environment 

11   where schools flourish.

12                This will, yes, be a short-term 

13   fix.  But it is a big fix for a district like 

14   mine and like many of yours that really needs 

15   this shot in order to keep that promise of 

16   educating their children.  I vote yes.

17                THE PRESIDENT:   Thank you, Senator.

18                Senator Stewart-Cousins will be 

19   recorded in the affirmative.

20                Senator Martins to explain his vote.

21                SENATOR MARTINS:   Thank you, 

22   Mr. President.

23                I also rise to support this bill, 

24   and I&apos;m going to encourage all of my colleagues 

25   to support this bill as well.  

                                                                5973

 1                I see this bill as mandate relief.  

 2   Some of you may ask me why.  If you understand 

 3   our pension system and where our pension system 

 4   is today and where it&apos;s going to be over the next 

 5   two years, we&apos;re experiencing a spike right now.  

 6   This year it&apos;s at 8.62, next year it will be at 

 7   11 percent, the year after that it will be at 

 8   15 percent, but the year after that they expect 

 9   it to come back down.  

10                So my question is, why are we asking 

11   our school districts to have to pay out-of-pocket 

12   over the next two years to compensate for this 

13   spike when these costs are going to come back 

14   down?  And why won&apos;t we allow them to amortize 

15   that over a short period of time and take 

16   advantage of the fact that they are going to be 

17   able to spread that out over periods of time 

18   where the pension contributions are going to be 

19   much less than they are over the next two years?  

20   And we know that for a fact.

21                School districts have tremendous 

22   choices over the next two years.  Certainly the 

23   decision as to whether or not to take resources 

24   out of the classroom and dedicate them towards 

25   paying for pension costs or allowing them to 

                                                                5974

 1   amortize that over a number of years is something 

 2   we should be encouraging, because the taxpayers 

 3   in those districts and the students in those 

 4   classrooms over these next two years should not 

 5   have to bear the expense or the brunt of these 

 6   costs as it pertains to those kids in those 

 7   classrooms for these two years.

 8                So we have a choice, to allow these 

 9   school districts the ability to pass that on over 

10   a period of time -- and yes, they&apos;re going to pay 

11   interest on that.  But the interest rate is far 

12   less than that which this body approved for local 

13   governments when they smooth out over the course 

14   of the next 10 years and have to pay it back at 

15   8 percent.  The rate at which they&apos;re able to 

16   borrow is significantly less.  

17                The impact to our students and our 

18   classrooms and the ability of our school 

19   districts to be able to live within the tax cap 

20   that we&apos;re going to be discussing later is 

21   important.  This piece of legislation allows 

22   school districts to live within their means and 

23   allows our school districts to make decisions 

24   that are important to our students.  

25                And I&apos;ll be voting aye.  Thank you, 

                                                                5975

 1   Mr. President.

 2                THE PRESIDENT:   Senator Martins 

 3   will be recorded in the affirmative.

 4                The Secretary will announce the 

 5   results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 1514, those recorded in the 

 8   negative are Senators Fuschillo, L. Krueger, 

 9   LaValle, Marcellino, Rivera, Saland, and Zeldin.  

10                Ayes, 55.  Nays, 7.

11                THE PRESIDENT:   The bill is passed.

12                Senator Marcellino, that completes 

13   the noncontroversial reading of Supplemental 

14   Active List Number 3.

15                SENATOR MARCELLINO:   Yes, 

16   Mr. President.  At this time can we go back to 

17   momentarily to Calendar Number 59B.  

18                And Calendar Number 1541, by Senator 

19   Klein, which had previously been temporarily laid 

20   aside, we&apos;d like to lay that aside for the day.

21                THE PRESIDENT:   Calendar Number 

22   1541 is laid aside for the day.

23                Senator Marcellino.

24                SENATOR MARCELLINO:   Can we at this 

25   point now go back to Supplemental Calendar Number 

                                                                5976

 1   2 and take up Calendar Number 457, 

 2   noncontroversial.

 3                THE PRESIDENT:   The Secretary will 

 4   read.

 5                THE SECRETARY:   Calendar Number 

 6   457, substituted earlier today by Member of the 

 7   Assembly McEneny, Assembly Print 508, an act to 

 8   amend the Tax Law.

 9                THE PRESIDENT:   Read the last 

10   section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                THE PRESIDENT:   Call the roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                THE PRESIDENT:   The bill is passed.

17                SENATOR MARCELLINO:   On the same 

18   calendar, Mr. President, Supplemental Active List 

19   Number 2, can we take up 464, noncontroversial.

20                THE PRESIDENT:   The Secretary will 

21   read.

22                THE SECRETARY:   Calendar Number 

23   464, substituted earlier today by Member of the 

24   Assembly Latimer, Assembly Print 3243, an act to 

25   amend the Tax Law.

                                                                5977

 1                THE PRESIDENT:   Read the last 

 2   section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                THE PRESIDENT:   Call the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                THE PRESIDENT:   The bill is passed.

 9                SENATOR MARCELLINO:   Mr. President, 

10   we&apos;ll have an immediate meeting of the Rules 

11   Committee in Room 332.  Rules Committee meeting, 

12   Room 332.  

13                The Senate will stand at ease 

14   pending the return of the Rules Committee.

15                THE PRESIDENT:   There will be a 

16   Rules Committee meeting in Room 332.  

17                The Senate stands at ease.

18                (Whereupon, the Senate stood at ease 

19   at 9:33 p.m.)

20                (Whereupon, the Senate reconvened at 

21   9:53 p.m.)

22                THE PRESIDENT:   The Senate will 

23   come to order.

24                Senator Libous.

25                SENATOR LIBOUS:   Thank you, 

                                                                5978

 1   Mr. President.  

 2                I believe there&apos;s a report of the 

 3   Rules Committee at the desk.  Could we have the 

 4   report read and then I will move to accept it.

 5                THE PRESIDENT:   The Secretary will 

 6   read the report of the Rules Committee.

 7                THE SECRETARY:   Senator Skelos, 

 8   from the Committee on Rules, reports the 

 9   following bills:  

10                Senate Print 5635B, by Senator 

11   Bonacic, an act to amend Chapter 367 of the Laws 

12   of 1999; 

13                And Senate Print 5851, by Senator 

14   Hannon, an act to amend the Social Services Law.

15                Both bills ordered direct to third 

16   reading.

17                THE PRESIDENT:   Senator Libous.

18                SENATOR LIBOUS:   Mr. President, I 

19   move that we accept the report of the Rules 

20   Committee, please, at this time.

21                THE PRESIDENT:   All in favor of 

22   accepting the report of the Rules Committee 

23   signify by saying aye.

24                (Response of &quot;Aye.&quot;)

25                THE PRESIDENT:   Any opposed?

                                                                5979

 1                (No response.)

 2                THE PRESIDENT:   The Rules report is 

 3   accepted.  

 4                Senator Libous.  

 5                SENATOR LIBOUS:   Mr. President, 

 6   could we have the noncontroversial reading of 

 7   Calendar Number 59C.  

 8                We will have it in a moment as soon 

 9   as everybody gets a copy of it.  Mr. President, 

10   just a second.  We want to make sure that 

11   everybody has a copy of this exciting agenda.  

12                Thank you.  If we can take up the 

13   noncontroversial reading at this time.

14                THE PRESIDENT:   The Secretary will 

15   read Calendar Number 59C.

16                THE SECRETARY:   In relation to 

17   Calendar Number 1526, Senator Bonacic moves to 

18   discharge, from the Committee on Rules, Assembly 

19   Bill Number 8368A and substitute it for the 

20   identical Senate Bill Number 5635B, Third Reading 

21   Calendar 1526.

22                THE PRESIDENT:   Substitution 

23   ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 

                                                                5980

 1   1526, by Member of the Assembly Weinstein, 

 2   Assembly Print 8368A, an act to amend Chapter 367 

 3   of the Laws of 1999.

 4                THE PRESIDENT:   Senator Libous.

 5                SENATOR LIBOUS:   Mr. President, is 

 6   there a message of necessity at the desk, 

 7   please?  

 8                THE PRESIDENT:   Yes, there is.

 9                SENATOR LIBOUS:   Could we please 

10   move to accept the message of necessity.

11                THE PRESIDENT:   All in favor of 

12   accepting the message of necessity say aye.

13                (Response of &quot;Aye.&quot;)

14                THE PRESIDENT:   Any opposed?  

15                (No response.)

16                THE PRESIDENT:   The message of 

17   necessity has been accepted.

18                Read the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                THE PRESIDENT:   Call the roll.

22                (The Secretary called the roll.)

23                THE PRESIDENT:   The Secretary will 

24   announce the results.

25                THE SECRETARY:   In relation to 

                                                                5981

 1   Calendar 1526, those recorded in the negative are 

 2   Senators Maziarz, Nozzolio and Ritchie.  

 3                Ayes, 59.  Nays, 3.

 4                THE PRESIDENT:   The bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1527, by Senator Hannon, Senate Print 5851, an 

 7   act to amend the Social Services Law.

 8                SENATOR LIBOUS:   Mr. President, I 

 9   believe this bill is high right now.  So we&apos;ll 

10   lay it aside temporarily until we get a message.

11                THE PRESIDENT:   The bill is laid 

12   aside temporarily.

13                Senator Libous, that completes the 

14   noncontroversial reading of Calendar Number 59C.

15                SENATOR LIBOUS:   Thank you, 

16   Mr. President.

17                At this time the Senate will stand 

18   at ease.

19                THE PRESIDENT:   The Senate will 

20   stand at ease.

21                (Whereupon, the Senate stood at ease 

22   at 9:58 p.m.)

23                (Whereupon, the Senate reconvened at 

24   10:53 p.m.)

25                THE PRESIDENT:   Senator Libous.

                                                                5982

 1                SENATOR LIBOUS:   Mr. President, at 

 2   this time I would ask that all remaining business 

 3   at the desk would be laid aside for the day.

 4                THE PRESIDENT:   So ordered.

 5                SENATOR SKELOS:   Mr. President.  

 6                THE PRESIDENT:   Senator Skelos.

 7                SENATOR SKELOS:   I would just like 

 8   to comment so there&apos;s no misunderstanding of life 

 9   as it is right now.  

10                The reason why we&apos;re adjourning is 

11   there are still negotiations going on concerning 

12   mandate relief and -- basically mandate relief.  

13   So bills would not be ready until 4:00 or 5:00 in 

14   the morning.  

15                And I think for the good health of 

16   all the members and our guests that are here, we 

17   apologize, but we will be adjourning as per 

18   Senator Libous.

19                THE PRESIDENT:   Thank you, Senator.

20                Senator Libous.

21                SENATOR LIBOUS:   Thank you, Senator 

22   Skelos.  

23                Before I do adjourn, though, could 

24   you please call on Senator Hassell-Thompson.

25                THE PRESIDENT:   Senator 

                                                                5983

 1   Hassell-Thompson.

 2                SENATOR HASSELL-THOMPSON:   Thank 

 3   you, Mr. President.  

 4                There will be a meeting of the 

 5   Democratic Conference at 9:30 a.m. in the 

 6   Democratic Conference Room.

 7                THE PRESIDENT:   Thank you, 

 8   Senator.  

 9                Meeting of the Democratic Conference 

10   at 9:30 a.m. in the Democratic Conference Room.

11                Order, please (gaveling).

12                Senator Libous.  

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.  

15                Mr. President, there will be a 

16   9:30 a.m. Republican conference.  

17                And the Senate will stand adjourned 

18   until tomorrow at 10:00 a.m., June 24th.

19                THE PRESIDENT:   There will be a 

20   9:30 a.m. Republican conference.  

21                The Senate is adjourned until 

22   10:00 a.m. tomorrow morning, June 24th.

23                (Whereupon, at 10:55 p.m., the 

24   Senate adjourned.)

25

 
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