Wednesday, May 28, 2014

Great compassionate Buddha! Please let people of different ages live in harmony. Please let people of different social status have mutual respect. Please let people of different professions work in cooperation. Please let people of different religions practice with tolerance.

(In Chinese.)

Great compassionate Buddha, please accept this prayer for our country! Great compassionate Buddha, please accept this prayer for our country!

May Buddha bless America.

ACTING PRESIDENT GRIFFO:The reading of the Journal.

THE SECRETARY:In Senate, Tuesday, May 27th, the Senate met pursuant to adjournment. The Journal of Monday, May 26th, was read and approved. On motion, Senate adjourned.

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

Presentation of petitions.

Messages from the Assembly.

The Secretary will read.

THE SECRETARY:On page 33, Senator Kennedy moves to discharge, from the Committee on Codes, Assembly Bill Number 7720B and substitute it for the identical Senate Bill Number 4187C, Third Reading Calendar 471.

ACTING PRESIDENT GRIFFO:The substitution is so ordered.

THE SECRETARY:On page 54, Senator Bonacic moves to discharge, from the Committee on Finance, Assembly Bill Number 8698 and substitute it for the identical Senate Bill Number 6527, Third Reading Calendar 730.

ACTING PRESIDENT GRIFFO:The substitution is so ordered.

Messages from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports of state officers.

Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:Mr. President, would you please call on Senator David Valesky from the IDC.

ACTING PRESIDENT GRIFFO:Senator Valesky.

SENATOR VALESKY:Mr. President, on page 43 I offer the following amendments to Calendar Number 603, Senate Bill 4652A, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

Senator Libous.

SENATOR LIBOUS:Mr. President, I believe if you call on Deputy Leader Gianaris, he has a motion.

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:Thank you, Mr. President.

On behalf of Leader Stewart-Cousins, on page 51 I offer the following amendments to Calendar Number 698, Senate Print 6738, and ask that said bill retain its place on Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President. I have a page of motions here that I need to read to you, sir.

Mr. President, amendments are offered on the following Third Reading Calendar bills:

We'll start out with Senator Little, page 20, Calendar Number 143, Senate Print 4358A;

Senator Lanza, page 22, Calendar 180, Senate Print 3606;

Senator LaValle, on page 35, Calendar Number 504, Senate Print 6418;

A very important one by Senator Libous, on page 36, Calendar Number 505, Senate Print 6769A;

Senator Grisanti, page 45, Calendar Number 626, Senate Print 6907;

Senator Golden, on page 45, Calendar Number 641, Senate Print 7057;

Senator Maziarz, page 47, Calendar 659, Senate Print 6450;

Senator Young, page 51, Calendar 699, Senate Print 2742A;

Senator LaValle, page 51, Calendar Number 700, Senate Print 2883;

Senator Lanza, page 52, Calendar 705, Senate Print 5654;

Senator Golden, page 55, Calendar 742, Senate Print 6931;

And Senator Golden, page 61, Calendar 802, Senate Print 7226.

Mr. President, I now move that these bills retain their place on third reading.

ACTING PRESIDENT GRIFFO:The amendments on all the specified bills are accepted, and the bills shall retain their place on third reading.

Senator Libous.

SENATOR LIBOUS:Mr. President, at this time we have a resolution at the desk by Senator Ball, Number 5276. Could we read its title and then call on Senator Grisanti.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 5276, by Senator Ball, memorializing Governor Andrew M. Cuomo to proclaim May 28, 2014, as Animal Advocacy Day in the State of New York.

ACTING PRESIDENT GRIFFO:Senator Grisanti.

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

For those of you who don't know it, today is Animal Advocacy Day. And if you were down in The Well, you saw a lot of our four-legged friends really having a good time.

And if they came up to you and kissed you, that means they appreciate the support and all the legislation we've done in the past. If they bit you, that means you voted negative on that legislation. So trust me, they know.

But it's important that we speak for them and for all breeds and all degrees. We've done some tremendous legislation in the past, from having accountability, also legislation dealing with review of procedures. There's legislation that's going to be passed today that has more accountability for the animals across New York State.

A lot of people don't realize it, but it's important because you see something horrific on TV, some sort of abuse, some sort of crime against animals, you know what, when it comes down to it, it ends up costing those not-for-profits. The taxpayers of your villages, your towns and your cities, it ends up costing them money.

So this legislation strengthens that. That we've passed in years past, we're passing today. And I want to commend Senator Ball for having Animal Advocacy Day today and as you did in years past. And it's just a great event. And trust me, ASPCA, the Humane Society and other groups, they appreciate it as well.

So I appreciate it, Mr. President. Thank you very much.

ACTING PRESIDENT GRIFFO:Thank you, Senator Grisanti.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

Senator Libous.

SENATOR LIBOUS:Mr. President, could we open this resolution up for all members. If a member chooses not to go on, they'll let the desk know, as our policy is.

ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to, notify the desk.

Senator Libous.

SENATOR LIBOUS:Mr. President, I want to take up previously adopted Resolution 4664, by Senator Carlucci. I believe he would like it read in its entirety, and then he would like to be called on.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 4664, by Senator Carlucci, memorializing Governor Andrew M. Cuomo to proclaim May 28, 2014, as Haitian Unity Day in the State of New York.

"WHEREAS, It is the sense of this Legislative Body, in keeping with its time-honored traditions, to recognize and pay tribute to those organizations which foster ethnic pride and enhance the profile of cultural diversity which strengthens the fabric of the communities of New York State; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to memorialize Governor Andrew M. Cuomo to proclaim May 28, 2014, as Haitian Unity Day in the State of New York; and

"WHEREAS, Haiti, located less than 700 miles from the United States of America, is the second nation in the Western Hemisphere, after the United States, to earn its independence, and has, since 1803, stood as a beacon of freedom as the first black-governed republic in the world; and

"WHEREAS, Haiti is one of the original members of the United Nations and several of its specialized and related agencies, as well as a member of the Organization of American States (OAS); and

"WHEREAS, On August 22, 1791, Haiti was the island nation where hundreds of thousands of enslaved persons initiated the most successful slave rebellion in history; under the military leadership of Francois Toussaint L'Ouverture, the grandson of an African chief, making the Haitian Revolution a major turning point in the history of the world, with repercussions extending far beyond the Caribbean nation; and

"WHEREAS, The contributions of Jean-Jacques Dessalines, a former slave, led to Haiti's declaration of independence in 1804; Jean-Jacques Dessalines became the first ruler over an independent Haiti; Jean-Jacques Dessalines' actions left a legacy of Haitian nationalism; the Haitian National anthem, La Dessalinienne, is named after him to honor his fervent efforts to protect the independence of Haiti; and

"WHEREAS, Haiti's victory against France redefined Napoleon's goals in the Western Hemisphere and so set the stage for the Louisiana Purchase, a single acquisition doubling the United States' size, giving the United States its heartland, control of the Mississippi River and the important port city of New Orleans on the Gulf of Mexico; the Louisiana territory drew immigrants from all over Europe, transforming and strengthening the United States and the American people; and

"WHEREAS, For many years preceding the American Civil War, the Haitian Revolution had a substantial influence over many of the policies and laws in the United States that related to slavery, such as, in 1794 and 1800, the federal government passage of anti-slave-trade laws to prevent the possible spread of the Haitian slave revolt to the United States: prohibiting citizens from equipping ships engaged in slave trade commerce, barring Americans from serving aboard such ships or from having any interest in their voyages; and

"WHEREAS, In 1792, a number of measures taken to prevent a slave rebellion in the United States were so brutal and inhumane that these acts drove and strengthened the crusade of the abolitionists in the United States, therefore having a profound influence on the movement that led to the Civil War; and

"WHEREAS, The Haitian Revolution ignited a ground-breaking change in the history of the modern world by enabling hundreds of thousands of African slaves worldwide and tens of thousands of free persons of color to find the wherewithal to unite in the quest for individual and collective liberty; and

"WHEREAS, Haitian people have migrated to the United States since the 1700s, resulting in approximately 200,000 Haitians residing in the State of New York; and

"WHEREAS, Our state enjoys a great legacy from the successors of freed Haitian slaves who came to the United States, notably Pierre Toussaint, the first layman now being proposed by the Catholic Church to become a saint, who arrived in New York in 1787, where he turned his home into a shelter for orphans, a credit bureau, an employment agency, and a safe haven for priests; Toussaint was a benefactor of the first New York City Catholic school for black children at St. Vincent de Paul on Canal Street; Toussaint also provided money to build a new Roman Catholic church in New York, which became old Saint Patrick's Cathedral on Mulberry Street; and

"WHEREAS, In October of 1995, Pope John Paul II, from the throne in the sanctuary of New York's Saint Patrick's Cathedral, publicly bestowed Pierre Toussaint with the suffix 'Venerable,' which is the second step towards becoming a saint in the Catholic Church, because Pierre Toussaint transcends race through his miracle and charitable acts as evidence that he is not a man limited in range and that his love for his neighbor is not restricted to race or tribe; and

"WHEREAS, Many other notable Haitians have made rich contributions to the nation, such as the Tuskegee-trained Raymond Cassagnol, who helped form the Haitian Air Force in the United States; and

"WHEREAS, Jean Baptiste Point Du Sable was born in Saint-Marc Haiti; Du Sable became the first permanent resident of Chicago and is known as the 'Father of Chicago'; Du Sable was honored with the creation of the DuSable Museum of African American History in Washington Park and also honored with the issue of a Black Heritage Series 22-cent post stamp on February 20th, 1987; and

"WHEREAS, W.E.B. Du Bois was a civil rights activist who helped advocate for equality amongst African Americans; he also encouraged social mobility by introducing African Americans to higher education; W.E.B. Du Bois is the founder of the NAACP, and he was also the first African American to earn a doctorate degree, thus setting a precedent for the development of the black race in the United States; and

"WHEREAS, Jean-Michel Basquiat, born in Brooklyn, New York, became famous for his profound, thought-provoking artwork which employed social commentary to discuss social inequalities and promote social mobility and equality; Basquiat's artwork has been influential to many contemporary artists and poets; Basquiat's legacy is universally recognized as a catalyst for social change; and

"WHEREAS, John James Audubon, born in Haiti, inspired one of the founders of the Audubon Society in the late 1800s to name the society after John James Audubon because of his reputation and deep appreciation and concern for the natural world; to this day, the name 'Audubon' remains synonymous with avian life, wildlife protection, and environmental conservation the world over; and

"WHEREAS, Haitian culture and contributions have had a definite mark on not only the progression of equality and independence, but also upon the development of eclectic expressions of arts and literature; moreover, the long-lasting influence that Haitian Americans have on the United States can be seen through the movements of a productive society; such developments have been collectively centered to push the populace forward; and

"WHEREAS, It is the practice of this Legislative Body to recognize those important days which remind us of the rich and diverse heritage of our great state and nation; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim May 28, 2014, as Haitian Unity Day in the State of New York, in honor of Haiti's legacy of liberty and justice throughout the world and in honor of the significant and countless contributions of New Yorkers of Haitian descent who have enriched our nation and our state; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York."

ACTING PRESIDENT GRIFFO:Senator Carlucci.

SENATOR CARLUCCI:Thank you, Mr. President.

And I want to thank my colleagues for joining with me today to proclaim May 28th as Haitian Unity Day in the State of New York.

And we've all heard from the Secretary of the Senate reading that lengthy resolution of the contributions that Haitian Americans have had to New York State, to this country, and to this planet.

And we're so fortunate because today we're joined in the gallery by many of my neighbors and people throughout this state of Haitian-American descent that are with us here today. This has become an annual tradition in the New York State Senate to honor the contributions that Haitian-American New Yorkers have made to this great state.

And that resolution could be gone on and on about the great contributions that Haitian Americans have made.

And we're also so fortunate that we have with us in the gallery Nikita Bernard, who was the grand marshal of the Spring Valley Haitian Unity Parade just the other week.

And this past Sunday, many Haitian Americans celebrated Mother's Day this past Sunday. It's a tradition in the Haitian culture to celebrate Mother's Day twice during the year, which is extremely important, and we should all be taking that tradition to heart.

But I'm just so blessed and so fortunate and honored to have such a robust, vibrant Haitian community that I am able to represent here in the New York State Senate. And I want to thank my colleagues for honoring and recognizing the vast amount of contributions that Haitian Americans have had to this great state and are continuing to make every day and moving forward.

So thank you, Mr. President, and thank you to my colleagues in the Senate.

ACTING PRESIDENT GRIFFO:Thank you, Senator Carlucci.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Martins on the resolution.

SENATOR MARTINS:Thank you, Mr. President.

I rise to lend my voice in support of this resolution, for I too have a vibrant Haitian community in my district, communities such as Elmont, such as Westbury/New Cassel, wonderful, vibrant communities all the more strong because of the Haitian communities they're in.

So I want to take the opportunity to thank Senator Carlucci for introducing this resolution, and I too want to lend my voice in welcome to the Haitian community and a heartfelt thank you for all you do for our communities, all the help you do, all the wonderful work you do in supporting not only our schools, our children, but our business communities. God bless you. Much success.

Thank you, Mr. President.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Sanders on the resolution.

SENATOR SANDERS:Thank you, Mr. President.

It is this keeping with this great community -- you could go back to just some simple things. Just like the name Toussaint L'Ouverture speaks of "the opening." This is a community that wherever it goes, it creates an opening, that from 1804 to this period, in spite of the many difficulties faced by this great community, they have taken on all challenges -- whether it be the Spanish, the English, the French or whoever else comes -- and they have shown that the spirit of humankind is stronger than any adversary that could come against them.

So I too have to stand to raise my voice in proud recognition of such a great community, but to say that the past is fantastic, but the best is yet to come for this community.

God bless you all.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Larkin on the resolution.

SENATOR LARKIN:Thank you, Mr. President. I join my colleagues in paying homage and respect to the Haitian community.

I represent the villages in Haverstraw. I've been down in your neighborhood. There he is. How are you?

(Laughter.)

SENATOR LARKIN:That's all right. At my age you can do this.

But you know, the last time we had naturalization, there were a number from the community. I said at that time, "We welcome you to America. Many of you have been here 10, 12, 15 years, but we don't want you to forget the culture which you came to America from. So that we embrace it and we respect what you've come through and what type of a life you've had. But you're now an American citizen."

And I said, "Don't forget it. You'll always be an American. But you can always refer to the country that was your place of birth, where you raised some of your children."

The most important thing, in my working knowledge of the community, is their respect for family, their respect for their neighbors, and of always wanting to do something to improve the quality of life for their family. That will never go away. It will always be there. And you'll be able to say, in your heart and soul: I have a background, I'm proud of it, but I'm also proud to be an American.

Thank you, and God bless you.

(Applause.)

ACTING PRESIDENT GRIFFO:We welcome the members of the Haitian community here to the chamber today. We extend the courtesies of the house to you, and we wish you well.

The resolution was adopted on April 29, 2014.

Senator Libous.

SENATOR LIBOUS:Senator Carlucci would like to open it up. And as our policy goes, if someone chooses not to be a cosponsor, please let the desk know.

ACTING PRESIDENT GRIFFO:So designated.

Senator Libous.

SENATOR LIBOUS:On behalf of Senator Díaz, I believe Resolution 4927 is at the desk. Could we read it in its entirety and call on Senator Díaz.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 4927, by Senator Díaz, celebrating Taiwan Heritage Day.

"WHEREAS, The United States and the Republic of China (Taiwan) share common ideals and a clear vision for the 21st century, where freedom and democracy are the foundation for peace, prosperity, and progress; and

"WHEREAS, Taiwan has become a multiparty democracy in which all citizens have the right to participate freely in the political process, as evidenced by Taiwan's five democratic presidential elections, which took place in 1996, 2000, 2004, 2008 and 2012; and

"WHEREAS, Through cross-Strait dialogue, the establishment of the Economic Cooperation Framework Agreement (ECFA) with mainland China, and the policy of 'viable diplomacy,' President Ma Ying-Jeou of the Republic of China (Taiwan) has transformed the Taiwan Strait from a major international flashpoint into an essential component of East Asian peace and prosperity; and

"WHEREAS, Taiwan is one of the strongest democratic allies of the United States in the Asia-Pacific region and spares no effort to maintain peace and prosperity in East Asia, as evidenced by the East China Sea Peace Initiative proposed by President Ma Ying-Jeou; and

"WHEREAS, The United States passed the Taiwan Relations Act in 1979 to define the relations of the United States and the Republic of China (Taiwan), which strongly strengthens their friendship, and the year of 2014 marks the 35th anniversary of the passing of the Taiwan Relations Act; and

"WHEREAS, The United States and Taiwan share a long-term and close economic relationship, including $63 billion of bilateral trade in 2012, making Taiwan the 11th largest trading partner of the United States; and

"WHEREAS, The United States assisted Taiwan in attaining participation in the assembly of the International Civil Aviation Organization (ICAO) in 2013, and will continue supporting Taiwan's meaningful participation in other United Nations-affiliated organizations such as the United Nations Framework Convention on Climate Change (UNFCCC); and

"WHEREAS, In order to strengthen bilateral trade relations with the United States, the government of the Republic of China (Taiwan) has expressed its wish to participate in the Trans-Pacific Strategic Economic Partnership Agreement (TPP), and to sign a Bilateral Investment Agreement (BIA) and a Free Trade Agreement (FTA) with the United States in the near future; and

"WHEREAS, The State of New York exported $1.1 billion worth of products to Taiwan in 2012, making Taiwan the 18th largest foreign market for New York State, strengthening bilateral economic ties; and

"WHEREAS, Many of the United States' top 500 companies which are headquartered in New York, including IBM, Pfizer, Corning, Citigroup, AIG, MetLife, JPMorgan Chase, Merrill Lynch, and New York Life, have invested in Taiwan; and

"WHEREAS, There are more than 300 Taiwanese companies which have invested in the State of New York in sectors such as computers, finance, jewelry, sporting goods, and garments; and

"WHEREAS, The State of New York is home to a thriving overseas Taiwanese community; both the government of Taiwan and Chinese Americans, including the Chinese Chamber of Commerce of New York, Chinese Consolidated Benevolent Association, Buddha's Light International Association in New York, and National Women's League of the Republic of China (Taiwan) devote themselves to serving the community of the State of New York; the State of New York has maintained a friendly and fruitful relationship with Taiwan for many years; and

"WHEREAS, The New York State Legislature held the first Taiwan Heritage Day celebration at the Legislative Office Building in Albany in April 2013, to promote bilateral relations between New York and Taiwan, and this Legislature is holding the second Taiwan Heritage Day celebration in 2014; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to celebrate Taiwan Heritage Day; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to President Ma Ying-Jeou of the Republic of China (Taiwan), through the Taipei Economic and Cultural Office in New York."

ACTING PRESIDENT GRIFFO:Senator Díaz.

SENATOR DIAZ:Thank you, Mr. President.

Mr. President and my fellow Senators, ladies and gentlemen, you should know that I have been trying to become a Senator who brings all cultures together and that I have resolved to bring all different cultures to this chamber and introduce them to all of you.

You should also know, ladies and gentlemen and Mr. President, that to that effect I was the first Senator to introduce the Dominican community and its culture in the Senate chamber and the Dominican minister offering the invocation in Spanish.

I have honored the Garifuna community, having one of their ministers as well offer the invocation in their Garifuna language.

I was also honored, Mr. President, I was honored and privileged to present the Bangladesh community to be recognized, and one of their Imams did the invocation in Bangla for the first time in this chamber.

You should also know, ladies and gentlemen, that today, today, for the fifth year in a row, I'm privileged to sponsor a Senate resolution celebrating the government and the people of Taiwan in order to recognize them for their wonderful, humanistic, generous, rich financial and cultural contribution to our country and to the State of New York.

On behalf of my constituents and the children of the South Bronx, I must thank and recognize the contributions of the Taiwanese government and its representative to the needy children of the Bronx.

Ladies and gentlemen, Mr. President, as you know, I represent the South Bronx, one of the poorest areas in the nation. Every year, every single year during Christmas celebrations, as the Three Kings came to visit Jesus, the Taiwanese community, the Taiwanese government representatives come to the Bronx, bringing backpacks filled with all kinds of school supplies for the black and Hispanic children of my district.

These school supplies, Mr. President, not only give our children a boost of encouragement to do their best at school during the new year, but also take some of the financial burden from their parents for the cost of these items.

And what is equally special is that each year that Taiwan officials come to the South Bronx for our three Kings Day celebration, the children and parents in attendance get to witness cultural and racial unity 1at its best.

Mr. President, my fellow Senators, you should know that not only has the Taiwanese government been generous to the poor children of the South Bronx, but it is important to remember that when New York was hit by Superstorm Sandy, the Taiwanese government immediately contributed $200,000 toward the relief efforts of the people affected by Superstorm Sandy.

The Taiwanese, in collaboration with other groups, including the Buddhist Tzu-Chi Foundation, raised $10 million towards desperately needed relief supplies that assisted our constituents through that very challenging and difficult time.

Yes, Mr. President, yes, ladies and gentlemen, it is important for you to understand and to know that Taiwan is one of the strongest democratic allies of the United States in Asia. We must never forget that Taiwan spares no effort to maintain peace and prosperity in East Asia, as evidenced by the East China Sea Peace Initiative proposed by President Ma Ying-Jeou.

You should know that Taiwan is the ninth largest trading partner of the United States. Both Taiwan and the United States have maintained a close relationship for many years.

Yes, it is important for us to recognize that Taiwan has a strong relationship with the State of New York. As you heard in the resolution, Taiwan is the 18th largest foreign market for New York State, many of New York's top 500 companies have significant investment in Taiwan, and there are more than 300 Taiwanese companies that have invested in New York. That is what I call a good and strong financial relationship.

Finally, Mr. President, today I have the honor and privilege to be joined here in the Senate chamber by my distinguished guests. We have here with us, Mr. President, ladies and gentlemen, Ambassador Paul Wen-Liang Chang --

(Applause.)

SENATOR DIAZ:-- from the Taipei Economic and Cultural Office in New York.

We have Mr. Ho Kew Lee, from the Chinese Consolidated Benevolent Association.

(Applause.)

SENATOR DIAZ:We have Mr. Justin Yu, chairman of the Chinese Chamber of Commerce of New York.

(Applause.)

SENATOR DIAZ:Reverend Chueh Chuan Shih, abbess from the Fo Guang Shan New York Temple, who gave the invocation.

(Applause.)

SENATOR DIAZ:David Chien, director of the Taipei Economic and Cultural Office in New York.

(Applause.)

SENATOR DIAZ:And my good friend Ann Noonan, who has been instrumental in helping me develop my relationship with the Taiwanese people.

(Applause.)

SENATOR DIAZ:I also want to acknowledge the more than 100 Taiwanese people --

(Sustained applause.)

SENATOR DIAZ:-- the more than 100 Taiwanese people who have joined us in the Senate gallery. Let me see if I know how to say this: Ni how, da chiao how.

(Cheers and applause from gallery.)

SENATOR DIAZ:Welcome to Albany.

Finally, to all of you, friends, colleagues, tonight after the session ends, Ambassador Paul Wen-Liang Chang and myself would like to invite you to a reception in Room 6 on the Concourse Level which will include delicious Chinese food.

(Laughter.)

SENATOR DIAZ:You are invited. Come and join us. Delicious Chinese food. You don't have to spend money; it's free.

(Laughter.)

SENATOR DIAZ:And a stunning photo exhibit from the Buddha Light Foundation, and a presentation of Chinese dance. Tonight, all free of charge for you.

Mr. President, ladies and gentlemen, I am State Senator Rubén Díaz, and this is what you should know.

Thank you very much.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Libous, why do you rise?

SENATOR LIBOUS:Mr. President, Senator Díaz would like to open that up for sponsorship.

ACTING PRESIDENT GRIFFO:Senator Libous, we have two more speakers on the resolution.

SENATOR LIBOUS:Oh. Well, then after we have the two more speakers, or whomever else would like to speak, we'll open it up for sponsorship.

ACTING PRESIDENT GRIFFO:So noted.

Senator Stavisky.

SENATOR STAVISKY:To my friends I say: Da jia hao.

(Cheer and applause from gallery.)

SENATOR STAVISKY:And welcome. As the Reverend Senator Díaz might have said, "Mi casa es su casa." How was that? Which means "my house is your house."

(Laughter.)

SENATOR STAVISKY:To Ambassador Paul Wen-Liang Chang, welcome.

I met the ambassador, he was only in New York a few days, during the Lunar New Year celebration at Queens Crossing, I believe. He and his wife had just arrived, if my memory is correct, from Switzerland. And he has taken over what has been a very active Taiwanese Economic Development Council.

To the Venerable Chuan, I have visited Buddha Light on many occasions, particularly your social programs, your social service programs, and they are a meaningful part of the community.

And to Mr. Lee, Mr. Yu, who I've known for a long time, and to our friends in the gallery, welcome.

We hope that we can make you feel as welcome as I felt when I visited Taiwan on a number of occasions over the last eight or nine years. As has been mentioned, the United States has had a long relationship with the Republic of China, going back 35 years to the signing of the Taiwan Relations Act.

And that friendship has flourished over the years, particularly in Queens County. It's an economic friendship, it's a social, philosophical, cultural heritage that we respect. I have toured factories in Taiwan and factories in Flushing and felt very much at home in both places.

A number of years ago the Comptroller, Tom DiNapoli, issued a report talking about how the economy was flourishing in downtown Flushing, particularly as a result of the contributions of the Asian-American community, both the Korean-American community and the Chinese-American community. And I'm proud to represent probably most of the people in the gallery and on the floor.

The community provides all kinds of services, whether they be professional or economic or social services. They have an active community of people, from young children in our schools -- we speak 160 languages in the local schools in downtown Flushing -- to the senior citizens' programs. And in fact I was at one of them this past Friday night, the Nan Shan Senior Center celebration.

And Reverend Díaz mentioned the help during Superstorm Sandy. There was an occasion where somebody from the Rockaways called me and said, "Are there any hotels in downtown Flushing?" And the people at one of them opened their doors for those looking for refuge, and they could not have been nicer. And it's that kind of hospitality during an emergency that you just don't forget.

The food was mentioned. You'll never go hungry in Flushing, never. There are restaurants opening every day. And each one is delicious. So I recommend to everybody, with all due respect to my colleagues, downtown Flushing has the best Chinese as well as other Asian restaurants you can find anywhere.

I should also mention the contributions that the Asian-American community has made in government. And I am proud that Flushing is represented by Congresswoman Grace Meng, by Councilmember Peter Koo, who are of Chinese ancestry, and Ron Kim, in the Assembly, who is a Korean American.

So you have achieved a great deal in Flushing, and yet the best is yet to come.

And to the Ambassador, we extend our appreciation to President Ma and to the entire Ministry of Foreign Affairs for everything you have done, both as a government but also your representatives who are now American citizens.

We welcome you. We think that you are doing a wonderful job. And we thank you for all of your help, and we pledge our continued support.

Thank you.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Sanders.

SENATOR SANDERS:Mr. President, I rise to do three things quickly, and I will try to do them briefly.

The first, of course, is to thank Senator Díaz for bringing so many communities together. It is a blessed thing that he does to find ways of bringing the different people of the world together. And indeed, we have been honored together to have all of the different communities that have come here.

But I would be remiss if I did not, in the second thing, thank the community for aiding us in the time of Sandy. I come from the communities that have been hit the hardest by Superstorm Sandy, and we absolutely appreciate your efforts and what you have done to make sure that our burden was not shouldered alone.

And lastly, sir, I would be remiss if I did not speak and say how, when I was the chair of economic development in the City Council of New York, I had the pleasure of touring Taiwan. And I was amazed at many things. I was amazed not simply at the great food, which is worth speaking about, not simply at the lights and the color -- the lights that are so bright that they can challenge New York. That if you ever had the pleasure, you would think that you were in New York City -- except it may have been more colorful in some respects.

But what caught my attention the most was the creativity and vitality of the people. An island nation that with few resources has managed to become one of the tigers of Asia, one of the leading lights of the world. And that speaks to not simply the resources of an area, but it speaks to the resources of the people.

I also had the pleasure of having some time to speak with now-President Ma, and you must send him my greetings. I learned a lot from him, and we enjoyed ourselves together. You must tell him that I look forward when he is in New York City, that I will return the favor and see if I can show what New Yorkers are known for: New York hospitality.

I thank you very much.

(Applause.)

ACTING PRESIDENT GRIFFO:The resolution was previously adopted on May 13th of 2014.

Senator Latimer to speak? Senator Latimer.

SENATOR LATIMER:Thank you, Mr. President.

(In Chinese): We congratulate you, and we wish you safe passage home.

(In French): Je parle un peu, mais je ne parle pas bien. (I speak a little, but I don't speak well.)

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Latimer.

The resolution was previously adopted and is open to everyone. Should you choose not to be a cosponsor, please notify the desk.

We welcome the members of the Taiwanese community. We greet the ambassador and all of the leaders who are here. Thank you for being here, and good luck.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Mr. President, as I said before, we want to open that up. I think Senator Díaz wants to open that up. So if someone chooses not to go on, let the desk know.

And, Mr. President, last but not least, Senator Diaz has Resolution 4926 at the desk. Please have it read in its entirety and call on the good Senator.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 4926, by Senator Díaz, commemorating the 110th anniversary of the founding of the Chinese Chamber of Commerce of New York, Inc.

"WHEREAS, It is the sense of this Legislative Body to recognize the achievements of those organizations which substantially contribute to the economic vitality of their communities and the entire Empire State; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, it is the sense of this Legislative Body to commemorate the 110th anniversary of the founding of the Chinese Chamber of Commerce of New York, Inc.; and

"WHEREAS, The Chinese Chamber of Commerce of New York, Inc., was founded by a group of public-minded Chinese businessmen in 1904, as a Trading Association registered with the Chinese Imperial Government; and

"WHEREAS, In 1932, this esteemed organization incorporated itself as the Chinese Chamber of Commerce of New York; and

"WHEREAS, The Chamber reaches out and serves the extensive and significant New York City Chinese business community; its mission is to promote and support the expansion and progress of Chinese commercial pursuits; to encourage international trade with the Far East and other areas of the world; and to advise and assist the members in solving problems relating to their business; and

"WHEREAS, The Chinese Chamber of Commerce of New York works to develop cooperation with financial institutions to provide low-cost loans to the small businesses in the community; collects and disseminates information and data on business conditions both domestically and internationally; continuously searches for sources, commodities and supplies which benefit the businesses of the community; and promotes and sponsors a low-income senior citizen housing development with the assistance of the government; and

"WHEREAS, Since its inception, the Chinese Chamber of Commerce of New York has helped businesses and the community it serves to prosper, always responding to the needs of its area; and

"WHEREAS, A solid cornerstone of the community, the Chinese Chamber of Commerce of New York will continue to evolve and to improve, always seeking out new ways of helping its members and community; and

"WHEREAS, It is with great pleasure that this Legislative Body acknowledges this exceptional organization and its contributions to the local and state economies, fully confident that it will continue to enjoy the successes it has experienced thus far; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commemorate the 110th anniversary of the founding of the Chinese Chamber of Commerce of New York, Inc.; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Mr. Justin Yu, Chair of the Chinese Chamber of Commerce of New York, Inc."

ACTING PRESIDENT GRIFFO:Senator Díaz.

SENATOR DIAZ:Thank you one more time, Mr. President. And thank you, Senator Libous, and thank you, fellow Senators.

I am honored today again to sponsor this resolution commemorating the 110th anniversary of the founding of the Chinese Chamber of Commerce of New York.

Here in the New York State Senate, we often take time to recognize the achievements of our constituents, to honor many heroes and heroines who have gone above and beyond the call of duty, and frequently to remember those who have gone before us.

For 110 years, this outstanding organization has promoted Chinese business in New York. And for 110 years this magnificent organization that has encouraged trade and provided much-needed technical assistance to its members in New York.

Just think about that for a moment: 110 years in operation. That's an incredible amount of time for any organization, especially a service organization, to be in business. One hundred ten years of assessing and helping its minutes. One hundred ten years of striving toll improve the community. One hundred ten years of solving problems.

I am pleased that my dear friend Mr. Justin Yu, the current chairman of the Chinese Chamber of Commerce of New York, could join us today, because for almost 20 years it has been my honor, my privilege, my blessing to know Justin Yu, my friend.

(Applause.)

SENATOR DIAZ:Mr. Justin Yu's tireless efforts to unite our communities continues to bring so many of us together. Although his term as president of the Chinese Consolidated Benevolent Association has expired, I will always refer to him -- Mr. Yu, I will always refer to you and call you the Mayor of Chinatown. Because that's what you are, the Mayor of Chinatown.

(Applause from audience.)

SENATOR DIAZ:I am sure that all who are gathered here and know Mr. Justin Yu will agree with me that he is one of New York's most respected community leaders.

And also, Mr. President and ladies and gentlemen, as we recognize the past 110 years of the Chinese Chamber of Commerce of New York, let us wish them well for the next 110 years. May the Lord bless you again.

Once again, I am inviting you to join me and Ambassador Paul Wen-Liang Chang for a reception at 5 p.m. to watch a presentation of Chinese dance, to eat delicious Chinese food, and to see a stunning photo exhibit.

Thank you very much, ladies and gentlemen.

And Mr. President, this is an honor that this black guy from Bayamón, Puerto Rico, with kinky hair, that God has given to him today. And I'm very pleased, very blessed, very honored, very happy, very satisfied.

(Laughter; applause.)

ACTING PRESIDENT GRIFFO:Senator Squadron.

SENATOR SQUADRON:Thank you very much, Mr. President.

And thank you, Senator Díaz, so much for recognizing this community every year, recognizing this organization, for both of the resolutions before us today, the first and this one.

I would say, however, Senator Díaz, that all that you say about the Chinese Chamber of Commerce is true, all that you say about Chairman Justin Yu is true. You left out one key fact, which is that Justin is my constituent. And the Chinese Chamber of Commerce is based in my district in Lower Manhattan.

But of course it's appropriate that Senator Díaz spoke with such pride both about Justin Yu and about the Chinese Chamber of Commerce, because the influence of this individual and this organization go well beyond New York's, Manhattan's Chinatown, which really is the historic cultural center of the Chinese-American community certainly on the East Coast in this country.

But today, as Senator Stavisky said, as Senator Díaz said, as Senator Sanders said, the community extends far beyond any single neighborhood. It is now a community that is deeply part of the entire City of New York, the entire State of New York, and we are all better for it.

The culture, the community, the entrepreneurship that the Chinese Chamber of Commerce supports and furthers is so important to who we are as we change. We know that the community is growing enormously. We know that in New York City public schools, Asian Americans make up one out of six students. We know that in the small-business community, Asian Americans are an important and growing presence.

But we also know that in the schools, language barriers and cultural barriers, including the Lunar New Year school holiday, are too often not recognized. We know that when it comes to entrepreneurship and starting businesses, language barriers and the challenges of starting up in a community where often there isn't a great deal of capital or a great network that already exists of successful business owners creates challenges that are too often ignored by our government at the city and the state level.

And so the work of the Chinese Chamber of Commerce is to create partnerships, within my community in Lower Manhattan and across the state, to make sure that those who are here and doing what we want everyone to do -- work hard, be creative, try to do for more the next generation than they were able to have for themselves -- have the kind of strength that is often, especially in immigrant communities, so hard to come by.

And so to Justin Yu and the entire Chinese Chamber of Commerce, first of all, thank you for continuing to stay focused within our community, on the streets and the blocks, from 200 trees to thousands of small businesses. And thank you for the work that you do well beyond that. Because it really is your leadership and organizations like yours, the partnership that we have with the Republic of China, that together have let this community grow.

And, you know, it's no accident that we have a full gallery today, that we have a real period of time to discuss and focus on this issue. And the reason for that is this a community that can no longer be ignored. It can no longer be drowned out in the political process.

And that is of such great importance. And for that I thank all of you being honored today. I thank Senator Díaz for ensuring that we take time to acknowledge that every year on this floor. And I look forward to some of the best food this town will have to offer come 5 o'clock this afternoon.

Thank you, Mr. President.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Stavisky.

SENATOR STAVISKY:Again, I thank my colleague Senator Díaz and congratulate my friend Justin Yu. We've known each other since -- almost since the time I was first elected.

I do agree that Chinatown is the starting point, the epicenter for the Chinese-American community. But earlier I tried to discuss how much the Chinese-American community has achieved what we like to call the American dream. And we've done it because of organizations such as the Chinese American Chamber of Commerce. We've done it because we are a community that works together.

And that is an extremely important issue. We work together -- the government officials, the business community, the religious community, the social community. And again, we do thank the Chinese American Chamber of Commerce for being the linchpin for this cohesiveness that represents the Asian-American community, particularly the Chinese-American community.

And I'm glad my colleague Senator Sanders spoke about his visit to Taiwan, because I have been to Taiwan from Taipei to Kaohsiung, and everywhere in between. I was impressed not only by the industrial strength but quite frankly, more importantly, by the people. And it's the people that make the country.

And we again welcome you to Albany and congratulate you on 110 years of service to the community.

Thank you.

(Applause.)

ACTING PRESIDENT GRIFFO:The resolution was previously adopted on May 13th of 2014.

Again, we congratulate the Chinese Chamber of Commerce of New York on the celebration of its 110th anniversary.

Senator Libous.

SENATOR LIBOUS:Mr. President, Senator Díaz would also like to open that resolution up for cosponsorship by the full house. So if anybody chooses not to go on, let the desk know.

ACTING PRESIDENT GRIFFO:The resolution is open to the full house for cosponsorship. If you choose not to be a cosponsor, please indicate at the desk.

Congratulations, and thank you all for being here.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Mr. President, at this time could you call on Senator Jack Martins for the purposes of recognition, please.

ACTING PRESIDENT GRIFFO:Senator Martins.

SENATOR MARTINS:Thank you, Mr. President.

My colleagues, you've heard me from time to time talk about my background and my heritage. My parents emigrated from Portugal in the 1960s from a small rural village called Alheira, which is a very tiny village in northern Portugal.

So I have the opportunity today, Mr. President, to recognize and welcome to the chamber friends, colleagues, and representatives from a very small rural village in northern Portugal who have come to visit with us today. For many this is the first time they've been to the United States and to New York, and certainly for all it's the first time they've been able to join with us in the New York State Senate as we take the opportunity to recognize them as they came to visit with me to see one of their own sitting in the well of the New York State Senate and having an opportunity to address them as well.

So my dear colleagues, allow me the opportunity to present João Rodrigues Martins, who is the former mayor of the Village of Alheira, as well as members João Antonio Portela Martins, Antonio Portela Pereira, Antonio Benedito Lopes Pereira, João Fernandes, Joaquim Pereira, Luis Nogueira de Sousa, José Goncalves, João Duarte Fernandes, Antonio Mendes, as well as John C. Macedo and my own father, Antonio Martins, who are joining us today.

To all (in Portuguese).

Mr. President, thank you.

(Applause.)

ACTING PRESIDENT GRIFFO:We welcome our visitors from Portugal today, with a very special welcome to Mr. Martins.

Thank you for being with us. We extend the courtesies of the house to you and wish you very well.

Senator Libous.

SENATOR LIBOUS:Mr. President, I don't know what Senator Martins was saying there at the end, but they were all smiling, so it had to be good.

(Laughter.)

SENATOR LIBOUS:Thank you, Mr. President. At this time could we please take up the reading of the noncontroversial calendar.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 126, by Member of the Assembly Weisenberg, Assembly Print Number 8639, an act to amend the Real Property Tax Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

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

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 127, by Assemblymember Weisenberg, Assembly Print 8646, an act to amend the Real Property Tax Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

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

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 163, by Senator Ball, Senate Print 2560A, an act to amend the Agriculture and Markets Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58. Nays, 1. Senator Montgomery recorded --

SENATOR MONTGOMERY:Mr. President, what bill are we on?

ACTING PRESIDENT GRIFFO:Senator Montgomery, we are on Calendar Number 163, Bill Number 2560A, by Senator Ball.

Announce the results.

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

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 165, by Senator Ball, Senate Print 2649A, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

Just to clarify, while I certainly support outlawing and having civil penalties for the possession of endangered species, the dilemma with this bill is this law already exists on our books.

Apparently in a previous form, this bill included chimpanzees, which were not covered under existing state law. Chimpanzee protection has been removed from this bill, so it does not protect chimpanzees, which I would like to vote for. And it simply reaffirms existing law, hence will have no real impact.

So I hope we can get the right bill on the floor sometime soon. I'll be voting no.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.

Announce the results.

THE SECRETARY:In relation to Calendar 165, those recorded in the negative are Senators Hoylman, Krueger, Perkins and Squadron.

Ayes, 55. Nays, 4.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 183, by Senator Maziarz, Senate Print 4494B, an act to amend the General Business Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

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

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 279, by Assemblymember Nolan, Assembly Print 121, an act to amend the Education Law.

SENATOR LIBOUS:Lay it aside for the day.

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

THE SECRETARY:Calendar Number 305, by Senator Seward, Senate Print 6376, an act to amend the Alcoholic Beverage Control Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

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

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 307, by Senator Marcellino, Senate Print 1486A, an act to amend the Education Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Can I have some order in the house, please.

Announce the results.

THE SECRETARY:Ayes, 56. Nays, 3. Senators Ball, Gipson and Kennedy recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 333, by Senator Ranzenhofer, Senate Print 6718A, an act to amend Chapter 154 of the Laws of 1921.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect upon the enactment into law by the State of New Jersey.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:Senator Hoylman, do you want to explain your vote?

Senator Hoylman to explain his vote.

SENATOR HOYLMAN:Thank you, Mr. President. I wanted to thank the sponsor of this bill, of which I'm a cosponsor.

You know, the Port Authority is almost entirely run on public money, but it's been able to shield itself from public scrutiny since its inception in 1921. Most Americans didn't even hear about the Port Authority until that infamous phrase "It's time for some traffic problems in Fort Lee" was uttered.

At $8.2 billion, it has a larger budget than 11 states. And I commend this body for passing legislation that will make certain that this authority has the same public scrutiny as every other state authority and agency.

And hopefully, Mr. President, with this legislation, should it be signed by the Governor, we can prevent the next Bridgegate. I vote aye.

ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 352, by Senator Robach, Senate Print 6841B, an act to amend the Highway Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 361, by Senator Lanza, Senate Print 3965, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 30th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.

SENATOR DeFRANCISCO: I have great respect for the New York City Housing Authority employees. But this is one of never-ending bills that finds a specific victim and elevates the crime of assault third degree to assault in the second degree.

We're almost there. By the time I retire, we will be there where we will have every occupation known to people in the State of New York that will be a special victim to have an assault in the second degree statute.

So I'm going to vote no.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the negative.

Announce the results.

THE SECRETARY:In relation to Calendar 361, those recorded in the negative are Senators DeFrancisco, Hassell-Thompson, Montgomery and Perkins.

Ayes, 55. Nays, 4.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 421, by Senator DeFrancisco, Senate Print 6482, an act to amend the State Finance Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 440, by Senator Flanagan, Senate Print 6854A, an act authorizing.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 11. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 469, by Senator Savino, Senate Print 3677A, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

Can I have some order in the chamber, please. It's just getting a little noisy in here.

The Secretary will continue to read.

THE SECRETARY:Calendar Number 471, substituted earlier by Member of the Assembly Peoples-Stokes, Assembly Print 7720B, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Kennedy to explain his vote.

SENATOR KENNEDY:Thank you, Mr. President.

First of all, let me thank my colleagues for voting in favor of this extremely important piece of legislation today. I want to thank the Assembly sponsor of this legislation, Assemblywoman Crystal Peoples-Stokes.

Sadly, this bill has tragic origins. It was prompted by the murder of a young woman, Jackie Wisniewski, who suffered severe domestic abuse prior to her death out in Western New York, a very high-profile case, back in June of 2012.

The day Jackie's life was taken from her was an unspeakably sad day for her family, her friends, and our entire community. Domestic violence has affected so many of us, and it's unfortunate and tragic that it takes circumstances like this to pass new laws to prevent domestic abuse.

In 2012, more than 6300 Erie County residents became victims of domestic violence, the majority of which were women. We need to do more to combat this growing problem.

Prior to her murder, Jackie found a GPS tracking device that had been installed on her car to monitor her whereabouts. Timothy Jorden, who stalked, abused and ultimately killed Jackie, had installed the tracking device without her knowledge in order to track her location and movement at all times.

Three months prior to her murder, Jackie found this tracking device and notified the police. When she decided, because she was scared for her own life, not to press charges, the police hands were tied because the law had a gap in it that didn't allow them to unilaterally press charges. Today we close the gap in that law.

The law will help us to keep pace with technology. In 2006 there were nearly 100,000 stalking cases that involved the use of GPS tracking devices. And since 2006, technology has proliferated, as we all know. It's grown in use and accessibility; it's become more prevalent for technology to be used in these stalking cases. The U.S. Department of Justice reported that one in four cases of stalking involves some sort of technology, and one in 13 cases involves electronic monitoring or GPS tracking.

Currently, there's no state law that outlaws the use of GPS or other electronic tracking devices in domestic violence or stalking cases, and this legislation changes that. Once we sign this into law, the bill is going to make it punishable to install a GPS tracking device with the intent of stalking or following the movement of another individual. It will help ensure violent abusers stop using technology to destroy the lives of their victims.

GPS stalking was an unfortunate part of Jackie's story, and this legislation may have helped her. It will empower police agencies and prosecutors to intervene in domestic violence cases before it's too late. It's urgent that we fully enact this important new protection for survivors of domestic violence, and it will help to prevent GPS stalking and hopefully save lives.

It's with heavy hearts today that we mark the passage of this important legislation. We send our thoughts and our prayers with the Wisniewski family, and we thank them for their advocacy to make this day a reality.

Thank you, Mr. President. I vote aye.

ACTING PRESIDENT GRIFFO:Senator Kennedy to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 482, by Senator Parker, Senate Print 1353, an act to amend the Correction Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 120th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 502, by Senator Ball, Senate Print 2566, an act to amend the Agriculture and Markets Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 30th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 57. Nays, 2. Senators Montgomery and Perkins recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 522, by Member of the Assembly Buchwald, Assembly Print 9055, an act to amend the Surrogate's Court Procedure Act.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 536, by Senator Marcellino, Senate Print 3854A, an act to amend the Tax Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on April 1, 2015.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 557, by Member of the Assembly Schimminger, Assembly Print Number 4611B, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:The Secretary will read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 574, by Senator Bonacic, Senate Print 2040A, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Squadron to explain his vote.

SENATOR SQUADRON:Thank you, Mr. President.

This is one of a number of bills that seem to come through this house that create felony spitting. And there's a lot of concerns about felony spitting. In fact, we successfully strengthened a very similar law in a bipartisan, bicameral way just recently, in order to protect correctional facilities and facilities and those men and women who help to keep them safe.

This bill, though, to be very clear, would create a felony out of spitting. It could even create a felony out of inadvertent spitting if you were also purposefully annoyed. I don't believe that is good policy or appropriate, and I believe that's why again and again we see these bills, but again and again they don't become law.

I think felony spitting is certainly annoying, but I'm not sure it is in fact or should be a felony.

I'll vote no, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the negative.

Senator Bonacic to explain his vote.

SENATOR BONACIC:Thank you, Mr. President.

Last year we made it a crime for an inmate to cause blood, seminal fluid, urine, feces or the contents of a toilet bowel to come into contact with a correction officer. And what we didn't include was spitting.

And we've been advised by the Centers for Disease Control that saliva can cause transmissions of numerous communicable diseases, including but not limited to hand, foot and mouth disease, mumps, meningitis -- bacterial or viral -- and mononucleosis.

Now, the spitting has to be intentional. If it's accidental, then there is no crime committed here.

This is supported by PEF. It's really for the protection of fellow inmates and for correction officers. I vote yes.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Bonacic to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 574, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Perkins and Squadron.

Ayes, 54. Nays, 5.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 597, by Member of the Assembly Robinson, Assembly Print Number 9037A, act to amend the Banking Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 604, by Senator Squadron, Senate Print 4878A, an act to amend the New York State Urban Development Corporation Act.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 614, by Senator Bonacic, Senate Print 7019, an act to amend Chapter 473 of the Laws of 2010.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:The Secretary will call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 672, by Senator Felder, Senate Print 7210, an act to amend the Family Court Act.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 690, by Senator LaValle, Senate Print 781, an act to amend the Education Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 716, by Senator Carlucci, Senate Print 1980B, an act to amend the Alcoholic Beverage Control Law.

ACTING PRESIDENT GRIFFO:The Secretary will read the last section.

THE SECRETARY:Section 6. This act shall take effect on the first of January.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

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

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 719, by Senator Ball, Senate Print 2306, an act to amend the Executive Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

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

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 722, by Senator Savino, Senate Print 3682, an act to amend the Tax Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 57. Nays, 2. Senators Krueger and LaValle recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 730, substituted earlier by Member of the Assembly Pretlow, Assembly Print 8698, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

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

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 746, by Senator Griffo, Senate Print 7017, an act making certain findings.

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

The Secretary will read the last section.

THE SECRETARY:Section 5. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

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

ACTING PRESIDENT GRIFFO:The bill is passed.

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

SENATOR LIBOUS:Thank you, Mr. President.

Can we go back to motions, please.

ACTING PRESIDENT GRIFFO:We will return to motions.

SENATOR LIBOUS:On behalf of Senator Maziarz, on page 58, Mr. President, I offer the following amendments to Calendar Number 774, Senate Print 7099, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

Senator Libous.

SENATOR LIBOUS:On behalf of Senator Robach, I wish to call up his bill, Senate Print 6635, recalled from the Assembly, which is now at the desk.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 230, by Senator Robach, Senate Print 6635, an act to authorize.

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

ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

SENATOR LIBOUS:Mr. President, I now offer the following amendments.

ACTING PRESIDENT GRIFFO:The amendments are received.

Senator Libous.

SENATOR LIBOUS:Mr. President, could you call on Senator Serrano at this time, please, for purposes of an announcement.

ACTING PRESIDENT GRIFFO:Senator Serrano.

SENATOR SERRANO:Thank you. There will be an immediate meeting of the Senate Democratic Conference in Room 315.

ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Senate Democratic Conference in Room 315.

Senator Libous.

SENATOR LIBOUS:Mr. President, thank you.

And is there any further business at the desk?

ACTING PRESIDENT GRIFFO:There is no further business before the desk.

SENATOR LIBOUS:There being no further business, I move that we adjourn until Thursday, May 29th, at 11:00 a.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Thursday, May 29th, at 11:00 a.m.

Senate adjourned.

(Whereupon, at 4:42 p.m., the Senate adjourned.)