Monday, March 5, 2012

And I pray that You give them the ability to search their hearts to connect with the minds and the spirit of the people so that no man, woman, or child will be left behind.

I pray for an increasing understanding for the application of the wisdom that is given. I pray for the families of our state that the opportunities for employment, healthcare, and education will become plentiful so that we the citizens can provide a decent living for our children and support for our government.

So on this day we give a sincere thanks for the leaders of this country. God bless our Senate, God bless our Governor, God bless the president of the United States, and God bless America.

Amen.

ACTING PRESIDENT MARCELLINO:Thank you, Reverend.

May we have the reading of the Journal.

THE SECRETARY:In Senate, Sunday, March 4th, the Senate met pursuant to adjournment. The Journal of Saturday, March 3rd, was read and approved. On motion, Senate adjourned.

ACTING PRESIDENT MARCELLINO:Without objection, the Journal stands approved as read.

Presentation of petitions.

Messages from the Assembly.

Messages the from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports from state officers.

Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:Mr. President, I have a motion.

On behalf of Senator McDonald I wish to call up his bill, Print Number 4525B, recalled from the Assembly, which is now at the desk.

ACTING PRESIDENT MARCELLINO:The Secretary will read.

THE SECRETARY:Senate Print 4525B, by Senator McDonald, an act to amend the Mental Hygiene Law.

SENATOR LIBOUS:Mr. President, I now move to reconsider the vote by which this bill was passed.

ACTING PRESIDENT MARCELLINO:Can we call the roll on reconsideration, please.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

SENATOR LIBOUS:Mr. President, on behalf of Senator McDonald, I hand up the following amendments.

ACTING PRESIDENT MARCELLINO:The amendments are accepted, sir, and the bill is restored to the order of third reading.

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT MARCELLINO:Senator Libous.

SENATOR LIBOUS:At this time could you please recognize Senator Martins for a brief announcement.

ACTING PRESIDENT MARCELLINO:Senator Martins.

SENATOR MARTINS:Thank you, Mr. President.

I just want to take the opportunity to recognize two extraordinary individuals who have joined us here today, one a junior in high school, the other a senior in high school. I think you'll join me in my belief that they are truly extraordinary when you hear why they're here.

Kayla Neville, who's a junior at Commack High School, as well as John Yang, who's a senior at Great Neck South High School, received the Distinguished Research Award from the National Cancer Institute and the National Institute of Environmental Health Sciences. It's the first time that a Distinguished Research Award has been given to anyone other than a professional researcher, much less high school students.

You know, at a time when we talk about the condition of our school systems, our schools in New York State, it is truly refreshing to see that we have the types of students coming out of our public school system as represented by these two students.

Specifically, Ms. Neville and Mr. Yang worked with an experimental nanoparticle at Stony Brook University, under the supervision of Dr. Balaji Sitharaman, a biomedical engineering professor doing groundbreaking research in nanomedicine.

What their work will do will allow, in the future, the use of nanotechnology not only for imaging purposes, for purpose of catching tumors that currently are too small to be recognized using current technologies, but also as a vehicle for introducing medication and treatment for all kinds of maladies, including cancer.

This is one further step in finally finding a cure for so many of the maladies that afflict all of our constituents. And it came from the efforts and the minds of two of our high schoolers here in New York State.

So I want to take the opportunity not only to recognize their efforts, I want to recognize Mr. James Engeldrum, who's the director of science at Commack High School, as well as Mr. and Mrs. Neville, who are here, parents of Kayla, as well as Mrs. Yang, who's the parent of John.

To John, to Kayla, to your parents, and to the two school systems, congratulations.

Thank you. And I would ask that you please recognize Senator Flanagan for a moment as well. Thank you, Mr. President.

ACTING PRESIDENT MARCELLINO:My pleasure to recognize Senator John Flanagan.

SENATOR FLANAGAN:Thank you, Mr. President.

I want to follow on the comments of Senator Martins and welcome our two distinguished students here.

And, you know, with all the things we hear about public education today, it's just as important to talk about the good things as all the things we may need to change or modify. This young gentleman and young woman exemplify the value of public education, perseverance, dedication.

And as Senator Martins described -- you know, he did it better than I could have, because I would have had to read parts of the resolution to just talk about their background and what they have done.

This is groundbreaking research done by a junior and senior in high school. And I would hasten to add that part of the reason they've had the value and the opportunity to do that is because of mentors, their teachers, but also people at Stony Brook University who provided guidance.

It is absolutely wonderful to see them here today, to have their families up in the gallery. And, ladies and gentlemen, this will not be the last time you will hear about these two young individuals, because I'm sure they're going to continue to do this kind of work and find something that will make all of our lives better in the field of medical research.

Senator Marcellino, thank you very much.

Congratulations.

ACTING PRESIDENT MARCELLINO:The chair would love to issue its thanks and gratitude to the parents of these two fine young people and to the school districts and the teachers who have supported them over the years to allow their research to go forward.

Unfortunately, in our world we don't hear enough about young people like you. We hear about the noisemakers. I'd rather hear about accomplishments of people who actually put their shoulders to the grind, put their minds to productive issues.

And we congratulate you and commend you, and I look forward to hearing from you in the future. Thank you again.

Can we all give them a round of applause.

(Standing ovation.)

ACTING PRESIDENT MARCELLINO:Senator Libous.

SENATOR LIBOUS:Mr. President, if you could call on Senator Adams at this time for a brief announcement.

ACTING PRESIDENT MARCELLINO:The chair recognizes Senator Adams.

SENATOR ADAMS:Thank you. And thank you, Senator Libous.

And I think that it's fitting that as we talk about the great deeds of students, I would like to welcome the Caribbean American Center of New York, 11 students and three chaperones who are here with us today enjoying Albany and visiting the state legislators.

The Caribbean American Center of New York, also known as CACNY, is a multiservice nonprofit organization founded in 1987. CACNY serves underserved and needy immigrant minorities and other groups in New York State, with a specific focus on minority youth. The purpose is to improve the lives of low-income immigrants and minorities in New York City by raising the standard of living.

Since its inception in 1987, the center has assisted over 65,000 children and adults related to fulfilling their mission, which is to empower, enhance the quality of life of targeted communities by providing adequate access to economic, educational, training, employment, immigration and healthcare.

CACNY's two particular goals are to, one, increase the SAT scores by at least 150 to 250 each year through tutoring, counseling, and mentoring youth from low-income families in inner-city neighborhoods in order to attend and complete what is so important, a college education.

And the second is to establish new partnerships with diverse groups to set and implement policies benefiting immigrants, veterans, and other minority groups.

We're extremely proud to have them here today, and we thank CACNY for their service to our communities. And we hope the students have had a wonderful experience in Albany.

We have the students: Deakwon Adlam is here, Nicholas Partap, Fatima Reid, Jasmine Washington, Raven Moody, Priya Partap, Sharroia Armstead, Patrick Jones Jr., Nia Washington, Eneceo Mayer, Yusuf Foster, Andell Jones, and Naseem Washington.

And we want to thank them for joining us in Albany, and we hope they have a great experience while they're here.

(Extended applause.)

SENATOR ADAMS:Thank you, Mr. President.

ACTING PRESIDENT MARCELLINO:The chair would like to recognize Senator Velmanette Montgomery for some words.

SENATOR MONTGOMERY:Yes, thank you, Mr. President.

I just rise to thank my colleague Senator Adams because, as you know, it is always very exciting to have young people come to the Capitol and be able to witness what goes on as it relates to the government.

And we want them to hopefully appreciate this moment for what we anticipate will be a memory for you, and that you will someday come back to this chamber and take one of the seats down here on the floor.

So thank you, and welcome to Albany.

(Applause.)

SENATOR MONTGOMERY:Thank you, Senator Adams.

ACTING PRESIDENT MARCELLINO:Senator Perkins.

SENATOR PERKINS:Thank you very much.

I just wanted to also welcome our young people here. I know Senator Velmanette Montgomery is offering seats for you to share at some point in time. I don't think she meant mine.

(Laughter.)

SENATOR PERKINS:But -- on that side, maybe.

But in any case, in all seriousness, we do welcome you. We do look forward to the day that you are in leadership and can begin to make the kind of contributions that we're sure you want to make.

And if we can be of assistance -- I know it's a group for the most part from Brooklyn, but as far as Harlem is concerned, you're welcome to Harlem as well.

ACTING PRESIDENT MARCELLINO:Senator Libous.

SENATOR LIBOUS:Mr. President, at this time could you please call on Senator Savino for a brief announcement.

ACTING PRESIDENT MARCELLINO:The chair recognizes Senator Diane Savino.

SENATOR SAVINO:Thank you, Mr. President.

I rise today to welcome to the chamber some newfound friends, and hopefully long friends, that I have recently come across, and that is the Canadian Consul General John Prato, for New York City, and Consul General Marta Moszczenska, from Buffalo, and the delegation from the Canadian consulate.

Today is Canada Day in New York State, and here in the New York State Senate I think we have a resolution on it. Mr. President, we will be reading the resolution, or am I speaking on it now?

ACTING PRESIDENT MARCELLINO:We have no reso at this time, but if you wish to say a few words on it right now, we'll pass it in the future.

SENATOR SAVINO:Okay. Thank you, Mr. President.

I would like, as I said, to recognize our neighbors from Canada. And one would wonder why would a Senator representing Staten Island, which is the southernmost part of New York State, be introducing our Canadian visitors.

Well, earlier this year I got to meet our Canadian visitors and I got engaged in an effort, a Canada-New York State effort that also included Senator Mark Grisanti and his staff, to take on a battle that was critically important to both Canada and New York State -- and New Jersey and Ohio and Wisconsin and the entire shipping industry in the Northeast.

And that was the wrong-headed decision by the New York State Department of Environmental Conservation to introduce some ballast-water standards that would have set New York State separate and apart from the rest of the nation and would have destroyed the shipping industry in the Northeast.

It would have closed the Port of New York, it would have closed the Port of New Jersey. It would have closed the St. Lawrence Seaway. It would have driven our entire shipping industry -- 200,000 direct jobs and 500,000 jobs related to the industry -- away from our ports, at a time when we could least afford it.

The Canadian Consul General and his delegation actually traveled to Staten Island to meet with me and the Staten Island delegation -- Assemblyman Cusick, Assemblywoman Malliotakis, Senator Lanza, Assemblyman Matthew Titone -- to talk about this issue. And working together, along with Senator Grisanti's office and others, we were able to convince Jack Martens, the Commissioner of the Department of Environmental Conservation, to pull back on this wrong-headed decision, to not set New York State separate and apart.

They listened; two weeks ago they issued new regulations where New York State will not act independent from the rest of the nation. And now we have preserved that relationship, and I hope that we have a created a friendship that is long-lasting.

So I want to welcome you to Albany, welcome you to the Senate, and I look forward to seeing you later on tonight at Canada Day.

Thank you, Mr. President.

(Applause.)

ACTING PRESIDENT MARCELLINO:The chair would like to issue a welcome to our friends from Canada. And we welcome you, hope you have a great day. And this is Canada Day; as you said, we'll see you later.

And we will pass this resolution that Senator Savino said, and hopefully it will be done unanimously, to recognize the joint work and the great relationship we have with our neighbors to the north. Thank you for being here.

Senator Libous.

SENATOR LIBOUS:Mr. President, would you recognize Senator Libous for a brief announcement.

ACTING PRESIDENT MARCELLINO:I recognize Senator Libous for an announcement.

SENATOR LIBOUS:Thank you, Mr. President.

I stand and rise to welcome all of our 4-H students who are with us today. Over the next couple of days folks from the 4-H will be here in the Capitol and visiting a number of state agencies, and certainly today in the legislative chamber.

4-H is a great opportunity for young men and women, particularly in many of our agricultural communities, that get an opportunity to learn leadership skills and help to be our future leaders. We know that those individuals who participate actively in 4-H over the years have been better students, they graduate with better grades, and certainly they have the potential of becoming some of New York State's finest as we move forward.

Head, hands, heart, health. Colleagues, I ask you to welcome a number of our 4-H students that are with us today in the gallery.

ACTING PRESIDENT MARCELLINO:It is my pleasure to welcome and acknowledge you.

And one of our distinguished members, Senator Breslin, would like to say a few words.

SENATOR BRESLIN:Thank you, Mr. President.

I would just like to echo the remarks of Senator Libous and welcome all the 4-Hers. As a fellow upstater, Senator Libous and myself recognize that we are looking at the 4-Hers as our future leaders. They have already exhibited those tendencies to lead with the projects they are experiencing through 4-H, and we are in good hands looking to them to be our future leaders.

Thank you, Mr. President. And welcome all the 4-Hers.

ACTING PRESIDENT MARCELLINO:The chair would like to recognize Senator Stavisky for some words.

SENATOR STAVISKY:Thank you, Mr. President.

And I too, believe it or not, am delighted to welcome the 4-H group because I happen to represent the largest chapter -- which I know you're saying how come, she's from New York City.

John Bowne High School has an agricultural program, an outstanding, exceptional agricultural program, and their 4-H members are active members of the community. They have a wonderful, wonderful program.

And I too, on behalf of the downstate delegation, would like to welcome them.

ACTING PRESIDENT MARCELLINO:Thank you, Senator.

Again, on behalf of the Senate, we wish you well. We thank you for being here. We hope you learn as much as you can and teach us as much as you can.

Thank you, and have a great day.

(Applause.)

ACTING PRESIDENT MARCELLINO:Senator Libous.

SENATOR LIBOUS:Mr. President, since today is a day of announcements, I believe that Senator Stewart-Cousins at this time would also like to make an announcement.

ACTING PRESIDENT MARCELLINO:The chair recognizes Senator Stewart-Cousins.

SENATOR STEWART-COUSINS:Thank you, Mr. President.

And not only, Senator Libous, is it a day for announcements, it seems to be a day where we spotlight our students and our future leaders.

And that's why I'm very proud to stand here in the chambers to recognize these wonderful students who are from the Skills USA Community Service Team from Roosevelt High School in Yonkers. They are in the red jackets. And it is part of what they do, they present an image.

And as we recognized the earlier students who were doing research in terms of cancer, these students believe, as so many of us do, that an ounce of prevention is worth a pound of cure, and they are actively alerting their peers to the dangers of smoking. And they're here lobbying for some anti-smoking bills so that people will have a healthier life.

So I want to thank them for coming. Thank you for your engagement, your involvement. Thank you for reaching out to your peers.

And I also want to thank your teacher, Mr. Leonetti, who is accompanied by his daughter, a teacher, for making sure that year after year we have a great Skills USA team that brings us great honor and great education.

Congratulations.

(Applause.)

ACTING PRESIDENT MARCELLINO:The chair recognizes Senator DeFrancisco.

SENATOR DEFRANCISCO:Yes, I want to rise and speak on behalf of all of the students who have already been recognized from all the groups.

And I think today you've witnessed a very important lesson in civics, and that is the New York State Senate -- that's been in existence forever and has done many great things over the years -- treats with respect those young people that do the right thing, those young people that show responsibility, not rise to disrupt proceedings, not swear and yell at people to try to get attention. I can guarantee you that attention has fallen on deaf ears that they were seeking.

But everything that you have done by example is going to not only get respect from other people, but it's going to mean that all of you will be the leaders of tomorrow and will lead in the correct direction.

So thank you for being here. And I hope you've seen the difference between how you're treated when you do the right thing and how people are treated when they don't, because that's a very important lesson in success.

Thank you all for being who you are and doing what you do.

(Extended applause.)

ACTING PRESIDENT MARCELLINO:The chair would like to recognize the distinguished Senator Thomas Duane.

SENATOR DUANE:Thank you, Mr. President.

While I respect everyone's views, there are many different roads to create change. And I can say that I, along with many people, used very loud voices in the fight for civil rights for all people, including the lesbian, gay, bisexual and transgender community. And frankly, we learned those lessons from other oppressed groups in our society.

And sometimes it's important to be on the inside and work that way, but it's also important to have an army fighting on the outside. There are many, many roads that will lead to good results, and everyone has their role to play and should be respected to the greatest possible extent.

And I congratulate the young people here, and I congratulate the young people who have come to Albany to fight for what they believe in. And all are deserving of our utmost respect as citizens of New York State.

Thank you, Mr. President.

ACTING PRESIDENT MARCELLINO:Thank you, Senator Duane.

(Applause.)

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT MARCELLINO:Senator Libous.

SENATOR LIBOUS:Now that we've gotten all of the announcements out of the way, could there be, please, an immediate meeting of the Rules Committee in Room 332, an immediate meeting of the Rules Committee in Room 332.

And the Senate will stand at ease.

ACTING PRESIDENT MARCELLINO:There will be an immediate meeting of the Rules Committee in Room 332.

And the Senate will stand at ease pending the report of the Rules Committee.

(Whereupon, the Senate stood at ease at 3:53 p.m.)

(Whereupon, the Senate reconvened at 4:06 p.m.)

ACTING PRESIDENT MARCELLINO:I would call the Senate to order.

If we can conversations from the chamber, please, and members take their seats.

Senator Libous.

SENATOR LIBOUS:Mr. President, at this time may we return to the reports of standing committees. I believe there's a report of the Rules Committee at the desk.

ACTING PRESIDENT MARCELLINO:Returning to the order of reports of standing committees, the Secretary will read the report of the Rules Committee.

THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bill direct to third reading:

Senate Print 6610, by Senator Robach, an act to amend the Civil Service Law.

ACTING PRESIDENT MARCELLINO:Senator Libous.

SENATOR LIBOUS:I move to accept the report of the Rules Committee.

ACTING PRESIDENT MARCELLINO:All in favor of accepting the report of the Rules Committee signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARCELLINO:Opposed, nay.

(No response.)

ACTING PRESIDENT MARCELLINO:The Rules report is accepted.

Senator Libous.

SENATOR LIBOUS:Mr. President, at this time could we have the reading of the noncontroversial calendar.

ACTING PRESIDENT MARCELLINO:The Secretary will do the noncontroversial reading of the calendar.

THE SECRETARY:Calendar Number 43, by Senator Grisanti --

SENATOR LIBOUS:Lay the bill aside for the day.

ACTING PRESIDENT MARCELLINO:The bill is laid aside for the day.

THE SECRETARY:Calendar Number 79, by Senator Saland, Senate Print 1431, an act to amend the Military Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 80, by Senator Larkin, Senate Print 1504, an act to amend the General Business Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 180th day.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 81, by Senator Golden, Senate Print 3894, an act to amend the Military Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 90, by Senator Larkin, Senate Print 3959, an act to authorize the City of Newburgh.

ACTING PRESIDENT MARCELLINO:There is a home-rule message at the desk.

Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Senator Larkin to explain his vote.

SENATOR LARKIN:Thank you, Mr. President.

You know, this is the sixth time we're going to be passing this bill in this house. And I find it a disgrace that on the other side of this building here there's a body that will not even allow this bill on the committee agenda.

We have a city that laid off 14 people last year because there was no money. This bill provides them an opportunity to handle such things as traffic tickets. It's valued at approximately $4.2 million this year.

And here we are, it's passed unanimous in this house, and isn't it a shame when you look at how many units have it. Cities have it, towns have it, villages have it. And what happens here? We pass it -- and I thank each and every one of you for your vote.

This is a city that I haven't won in 32 years, but I do everything for them. Because this isn't for the politics, this is for the people. When you see 14 people laid off -- and if this $4 million was there last year, it would have made a nicer spot. But it is held up in the other house. And if any of you know anybody in the other house who thinks about real life and real issues, this would be one to ask them to pass it.

Do I expect them to pass it? Mr. Gantt has said it's not important. Well, maybe not important to him. But when I show up in Rochester someday with a group of people who got laid off, his folks might think a different story.

I thank you for listening.

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 92, by Senator Bonacic, Senate Print 6113, an act to legalize, validate and ratify.

ACTING PRESIDENT MARCELLINO:There is a home-rule message at the desk.

Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 101, by Senator Larkin, Senate Print 1728, an act to amend the Penal Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 7. This act shall take effect on the 180th day.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results, please.

THE SECRETARY:Ayes, 58. Nays, 1. Senator Montgomery recorded in the negative.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 143, by Senator Huntley, Senate Print 4466A, an act to amend the Mental Hygiene Law.

ACTING PRESIDENT MARCELLINO:Read the last section, please.

THE SECRETARY:Section 2. This act shall take effect on the 180th day.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 171, by Senator Saland, Senate Print 1419, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect nine months after it shall have become law.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results, please.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 186, by Senator Bonacic, Senate Print 4933, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT MARCELLINO:Read the last section, please.

THE SECRETARY:Section 2. This act shall take effect on the first of July.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Senator Stavisky to explain her vote.

SENATOR STAVISKY:To explain my vote, Mr. President.

I have a lot of questions about this bill. I didn't ask that it be laid aside, but let me outline some of my problems.

I recognize the need for firearm safety and particularly that it be taught at a young age to young people in high school. But the bill is a -- first of all, it's a mandate without any money attached.

Secondly, it is statewide in nature. It applies in every school district in the State of New York for grades nine and 12.

And it requires gun safety and other issues -- such as it talks about "disseminate information relating to hunting, fishing and the outdoors." We don't understand what "disseminate information" means. Are they going to have space in the schools where they can practice the shooting and the fishing and so forth?

They "promote instruction," another vague, vague comment.

There's a section in it that requires the Regents to give their approval. But we generally put educational instructional mandates, courses that have to be taught, in the Education Law. It seems to me that putting it in the Environmental Conservation Law is the wrong place.

I have other misgivings about it. For example, in the Education Law there's a section that deals with treating animals in a humane manner, and maybe that would be a better place for this requirement.

Mr. President, I am going to vote no. I commend the safety issue, but I think it's in the wrong place.

Thank you, Mr. President.

ACTING PRESIDENT MARCELLINO:Thank you, Senator. You will be recorded in the negative.

Announce the results.

THE SECRETARY:In relation to Calendar Number 186, those recorded in the negative are Senators Espaillat, Krueger, Montgomery, Perkins, Serrano and Stavisky. Also Senator Marcellino.

Ayes, 52. Nays, 7.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 189, by Senator Marcellino, Senate Print 921, an act to amend the Education Law.

ACTING PRESIDENT MARCELLINO:Read the last section, please.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:In relation to Calendar Number 189, those recorded in the negative are Senators Dilan, Espaillat, Hassell-Thompson, Huntley, Krueger, Montgomery, Perkins, Rivera, Serrano, Squadron, Stavisky, and Stewart-Cousins.

Ayes, 47. Nays, 12.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 197, by Senator Young, Senate Print 746B, an act to amend the Penal Law.

ACTING PRESIDENT MARCELLINO:Read the last section, please.

THE SECRETARY:Section 4. This act shall take effect on the first of November.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 198, by Senator Perkins, Senate Print 1365, an act to amend the Penal Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first of November.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 201, by Senator Skelos, Senate Print 1541A, an act to amend the Penal Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the first of November.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:Ayes, 58. Nays, 1. Senator Montgomery recorded in the negative.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 202, by Senator Golden, Senate Print 1991, an act to amend the Penal Law.

ACTING PRESIDENT MARCELLINO:Read the last section, please.

THE SECRETARY:Section 2. This act shall take effect on the first of November.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 203, by Senator Gallivan, Senate Print 4052A, an act to amend the Criminal Procedure Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Announce the results.

THE SECRETARY:In relation to Calendar 203, those recorded in the negative are Senators Hassell-Thompson, Montgomery and Sampson.

Ayes, 56. Nays, 3.

ACTING PRESIDENT MARCELLINO:The bill is passed.

THE SECRETARY:Calendar Number 205, by Senator Grisanti, Senate Print 2601, an act to amend the Public Authorities Law.

ACTING PRESIDENT MARCELLINO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Senator Ritchie to explain her vote.

SENATOR RITCHIE:Thank you, Mr. President.

St. Lawrence County is home to one of the largest NYPA hydrofacilities in the state. Not only does it generate power for across the entire state, it also is part of the backbone of the economy for the North Country. It's one of the employers; it's also one of the largest landholders.

It's vitally important that these communities that are involved have a voice --

ACTING PRESIDENT MARCELLINO:Excuse me, Senator.

Can we have some order, please. Thank you.

SENATOR RITCHIE:We are very fortunate right now to have a representative in Judge Eugene Nicandri. He's somebody who I've worked closely with. When I was county clerk, he was the county court judge. We're very fortunate to have him, and he's a resident of the St. Lawrence County.

Under NYPA's new leadership we're also fortunate to have Trustee Dyson and President Quiniones. And they have been very attentive and responsive to my communities.

But that hasn't always been the case, so it's very important that this bill today will make sure that it's permanent that there is a resident of St. Lawrence County that sits on the board. I vote aye.

Thank you, Mr. President.

ACTING PRESIDENT MARCELLINO:Senator Ritchie, you will be recorded in the affirmative.

Senator Gianaris.

SENATOR GIANARIS:Thank you, Mr. President.

I will be voting in the negative on this bill. I certainly don't begrudge the people of St. Lawrence and Niagara Counties their desire to have representation. But the people of Queens deserve just as much respect.

We house some very large NYPA facilities ourselves that produce upwards of 700 megawatts of power. And unlike the people of St. Lawrence, who are fortunate enough to have a current representative on the board, the people of Queens do not.

And so unless the bill is amended to adequately reflect all the communities that are burdened with Power Authority facilities, I will be voting in the negative.

ACTING PRESIDENT MARCELLINO:You will be recorded in the negative, Senator.

Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you.

I also rise to explain my vote. I have to agree with Senator Gianaris, there are power plants in Lewiston, Niagara County; in Blenheim and Gilboa, southwest of Albany, Schoharie County; in Ulster County; in Saratoga County; and not just in Queens, but along the East River between Queens and Manhattan.

It's an interesting question whether every county that has a NYPA power plant ought to be represented on the board. But clearly the answer is not to simply select any given county and allow them to be on the board.

So I'll be voting no. Thank you, Mr. President.

ACTING PRESIDENT MARCELLINO:You will be recorded in the negative, Senator.

Please announce the results.

THE SECRETARY:In relation to Calendar 205, those recorded in the negative are Senators Addabbo, Avella, Ball, Gianaris, Krueger, Peralta, Rivera and Stavisky.

Ayes, 51. Nays, 8.

ACTING PRESIDENT MARCELLINO:The bill is passed.

Senator Libous, that completes the noncontroversial reading of the calendar.

SENATOR LIBOUS:Thank you, Mr. President.

May we have the reading of the noncontroversial Supplemental Calendar Number 16A, please.

ACTING PRESIDENT MARCELLINO:The Secretary will read.

And we do have a message of appropriation at the desk, Senator.

THE SECRETARY:Calendar Number 268, by Senator Robach, Senate Print 6610, an act to amend the Civil Service Law.

SENATOR LIBOUS:Is there a message of appropriation at the desk, Mr. President?

ACTING PRESIDENT MARCELLINO:Yes, sir, there is a message of appropriation at the desk.

SENATOR LIBOUS:I move to accept the message of appropriation.

ACTING PRESIDENT MARCELLINO:All in favor of accepting the message of appropriation signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARCELLINO:Opposed, nay.

(No response.)

ACTING PRESIDENT MARCELLINO:The message is accepted.

Read the last section, please.

THE SECRETARY:Section 27. This act shall take effect immediately.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT MARCELLINO:The bill is passed.

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT MARCELLINO:Senator Libous.

SENATOR LIBOUS:Mr. President, is there any further business at the desk at this time?

ACTING PRESIDENT MARCELLINO:I am told the desk is clear, sir.

SENATOR LIBOUS:Thank you, sir.

There being no further business, I move that we adjourn until Tuesday, March 6th, at 3:00 p.m.

ACTING PRESIDENT MARCELLINO:On motion, the Senate stands adjourned until Tuesday, March 6th, at 3:00 p.m.

(Whereupon, at 4:22 p.m., the Senate adjourned.)