Monday, May 4, 2015

On behalf of Senator Young, on page number 22 I offer the following amendments to Calendar Number 254, Senate Print Number 3020, 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 LaVALLE: On behalf of Senator Hannon, on page 22 I offer the following amendments to Calendar Number 261, Senate Print Number 3368, 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 LaVALLE: On behalf of Senator Ortt, on page number 29 I offer the following amendments to Calendar Number 385, Senate Print Number 3124, 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 LaVALLE: On behalf of Senator Martins, on page number 33 I offer the following amendments to Calendar Number 427, Senate Print Number 4388, 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 LaVALLE: On behalf of Senator Martins, on page 33 I offer the following amendments to Calendar Number 428, Senate Print Number 4483, 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 LaVALLE: On behalf of Senator Griffo, I wish to call up his bill Senate Print Number 4753, recalled from the Assembly, which is now at the desk.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 363, by Senator Griffo, Senate Print 4753, an act to amend the Tax Law.

SENATOR LaVALLE: 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, 42.

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

ACTING PRESIDENT GRIFFO:The amendments are received.

SENATOR LaVALLE: On behalf of Senator Marchione, I move the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause. They are Senate Print Numbers 3446 and 5024.

ACTING PRESIDENT GRIFFO:It is so ordered.

SENATOR LaVALLE: On behalf of Senator Hannon, we have a number of bills here. I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause. They are 4791, 4792, 4793, 4794, 4795, 4796, and 4797, and they are all Senate Print numbers.

ACTING PRESIDENT GRIFFO:They are so ordered.

SENATOR LaVALLE: Last one, on behalf of Senator Funke, I move the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Print Number 5109.

ACTING PRESIDENT GRIFFO:It is so ordered.

SENATOR LaVALLE: Would you now recognize Senator Valesky.

ACTING PRESIDENT GRIFFO:Senator Valesky.

SENATOR VALESKY:Thank you, Mr. President.

On behalf of Senator Avella, on page 27 I offer the following amendments to Calendar Number 357, Senate Bill 3945, and ask that the 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 LaValle.

SENATOR LaVALLE: Would you now recognize Senator Gianaris.

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:Mr. President, on behalf of Senator Rivera, on page 29 I offer the following amendments to Calendar Number 391, Senate Print Number 993, and ask that said bill shall 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 LaValle.

SENATOR LaVALLE: Mr. President, can we take up a previously adopted resolution by Senator Amedore, Number 1076. Can we read that in its entirety, and then would you recognize Senator Amedore.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1076, by Senator Amedore, congratulating the 2014-2015 University at Albany Women's Basketball Team and Coach Katie Abrahamson-Henderson upon the occasion of competing in the NCAA Women's Basketball National Tournament.

"WHEREAS, Excellence and success in competitive sports can be achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning; and

"WHEREAS, Athletic competition enhances the moral and physical development of the young people of this state, preparing them for the future by instilling in them the value of teamwork, encouraging a standard of healthy living, imparting a desire for success, and developing a sense of fair play and competition; and

"WHEREAS, This Legislative Body is justly proud to congratulate the 2014-2015 University at Albany Women's Basketball Team and Coach Katie Abrahamson-Henderson upon the occasion of competing in the NCAA Women's Basketball National Tournament; and

"WHEREAS, To advance to the NCAA Tournament, the University at Albany Great Danes defeated the University of Hartford in an exciting 84-75 victory in the America East Conference Championship Game on Friday, March 13, 2015; and

"WHEREAS, The Great Danes played the Duke University Blue Devils as the 13th seed in the opening round of the NCAA tournament on March 20, 2015, in Durham, North Carolina; after an exciting and hard-fought game, the Great Danes held the Blue Devils to a mere two-point victory; and

"WHEREAS, The athletic talent displayed by this team is due in great part to the efforts of Coach Katie Abrahamson-Henderson and her staff, skilled and inspirational tutors, who have guided their team to its fourth consecutive NCAA tournament appearance; and

"WHEREAS, The 2014-2015 University at Albany Women's Basketball Team members have proven themselves to be an outstanding collection of talents, reflecting favorably on their school; and

"WHEREAS, Coach Katie Abrahamson-Henderson has done a superb job in guiding, molding and inspiring the team members toward their goals; and

"WHEREAS, Sports competition instills the values of teamwork, pride and accomplishment, and Coach Katie Abrahamson-Henderson and all of the outstanding athletes have clearly made a contribution to the spirit of excellence which is a tradition of their school; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the members of the University at Albany Women's Basketball Team and Coach Katie Abrahamson-Henderson on their fourth straight NCAA Tournament appearance; and be it further

"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the members of the University at Albany Women's Basketball Team and Coach Katie Abrahamson-Henderson."

ACTING PRESIDENT GRIFFO:Senator Amedore.

SENATOR AMEDORE:Thank you, Mr. Speaker.

I rise to introduce to this great chamber the most exciting, energetic group of talented young ladies that we can celebrate here in the Capital Region. With the SUNY Albany Lady Danes Basketball Team up in the gallery, we want to honor, we want to congratulate them. They make us all proud here in the Capital Region. For as far as you went and as heartbreaking as it was in that last game against Duke, you know, you are champions.

Coach Katie, you've done a tremendous job over the years in this program, and you continue to grow it and expand the mark of SUNY Albany and its great campus and its great program.

So I want to congratulate all of you and recognize you for all of your great efforts.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Amedore.

Senator Breslin.

SENATOR BRESLIN:Thank you, Mr. President.

I also represent the University at Albany and have watched over the years Coach Abe interact with her players, four straight NCAA appearances. And you can see the respect and the devotion and her ability when the players and the coach interact.

So it's no surprise that they went down to Duke and for all purposes put Duke on its back, just played an outstanding game. A ball here or a call here, and they're coming home with the win. Spectacular.

But it's not surprising, because each of the last number of years that's been happening. And it's really put the University at Albany on the women's basketball map. And their coach, to me, I'd prefer over some coach named Geno.

(Laughter.)

SENATOR BRESLIN:So congratulations to the women at the University at Albany, and keep doing it.

Thank you very much, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Farley.

SENATOR FARLEY:Thank you, Mr. President.

I rise as a graduate of the University at Albany and as a law professor in the School of Business for 35 years. I want to congratulate this team, which not only was one of the finest women's basketball teams in the nation, without a doubt, with a record that was almost second to none and the year that you've had not only this year but last year and every year.

The young women that play on this team are not only great players, they're great academicians, they're great people. And I'll tell you, you make everybody in the Capital Region and in the United States, as far as I'm concerned, proud of this team. You gave Duke all they could handle. You gave every other team more than they could handle.

And ladies, we're very, very proud of you, and congratulations. And thank you for all that you do for the University at Albany.

ACTING PRESIDENT GRIFFO:As noted, the resolution was adopted on March 24th of 2015.

We welcome the Women's Basketball Team here from the University at Albany. Welcome to the chamber today.

(Standing ovation.)

ACTING PRESIDENT GRIFFO:Senator LaValle.

SENATOR LaVALLE: Mr. President, can we take up another resolution that was previously adopted, by Senator Amedore, Number 1077. Would you read it in its entirety and then recognize Senator Amedore.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1077, by Senator Amedore, congratulating the 2014-2015 University at Albany Men's Basketball Team and Coach Will Brown upon the occasion of competing in the NCAA Men's Basketball National Tournament.

"WHEREAS, Excellence and success in competitive sports can be achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning; and

"WHEREAS, Athletic competition enhances the moral and physical development of the young people of this state, preparing them for the future by instilling in them the value of teamwork, encouraging a standard of healthy living, imparting a desire for success, and developing a sense of fair play and competition; and

"WHEREAS, This Legislative Body is justly proud to congratulate the 2014-2015 University at Albany Men's Basketball Team and Coach Will Brown upon the occasion of competing in the NCAA Men's Basketball National Tournament; and

"WHEREAS, To advance to the NCAA Tournament, the University at Albany Great Danes defeated Stony Brook University in an exciting 51-50 victory to win the America East Conference Championship Game on Saturday, March 14, 2015; and

"WHEREAS, The Great Danes played the University of Oklahoma Sooners as the 14th seed in the opening round of the NCAA tournament on March 20, 2015, in Columbus, Ohio; after an exciting and hard-fought game, the Great Danes ultimately were defeated by nine points; and

"WHEREAS, The athletic talent displayed by this team is due in great part to the efforts of Coach Will Brown and his staff, skilled and inspirational tutors, who have guided their team to its third straight NCAA tournament appearance, and fifth overall; and

"WHEREAS, The 2014-2015 University at Albany Men's Basketball Team members have proven themselves to be an outstanding collection of talents, reflecting favorably on their school; and

"WHEREAS, Coach Will Brown has done a superb job in guiding, molding and inspiring the team members toward their goals; and

"WHEREAS, Sports competition instills the values of teamwork, pride and accomplishment, and Coach Will Brown and all of the outstanding athletes have clearly made a contribution to the spirit of excellence which is a tradition of their school; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the members of the University at Albany Men's Basketball Team and Coach Will Brown on their third straight NCAA Tournament appearance; and be it further

"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the members of the University at Albany Men's Basketball Team and Coach Will Brown."

ACTING PRESIDENT GRIFFO:Senator Amedore.

SENATOR AMEDORE:Thank you, Mr. President.

I also rise again to introduce another basketball team in our SUNY system, to introduce to the State Senate chamber here the Men's Basketball Team of SUNY Albany.

And this team is a little bit more special than last year's, even though this is not their first time at the big dance. But this particular team had made, I believe, not just national news and recognition, but I think international, with the story of teammate Peter Hooley.

And everyone probably in this chamber understands or has read or heard on national news the dedication and the strong will that he so gave and showed his mom in her last days with him.

The team rallied, the team supported not just Peter when he was away, but all of us in the Capital Region. There was a time in the Capital Region where I can't remember when we saw as much purple and gold being worn at one time when both the women's and the men's team was playing in this national tournament.

So I rise to recognize all of the players, Coach Will Brown, and another exciting, fantastic year for the SUNY Albany Men's Basketball Team. And we hope next year they will make it to the Final Four.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Amedore.

Senator Breslin.

SENATOR BRESLIN:Thank you, Mr. President.

It's an honor to get up again and to congratulate the men's team at the University at Albany with their well-renowned Australia connection and the great season they had, particularly one of I think the best games I've ever had to watch -- not had to watch, watched.

And I know it was my dear friend across the aisle from Stony Brook, 51-50, on a rebound I'm sure was knocked back by one of your own players, wasn't it, right into Peter Hooley's hands -- and the rest is history. And then go on to play Oklahoma, one of the top teams in the country and compete right down to the end.

And this isn't the first time, it's the third time for the University at Albany in a row. And it's gotten where -- this used to be a Siena town, and a Siena town justifiably, with great records. The University at Albany has shown Siena that there's two teams in town, and in fact for the last several years you've been the team.

So keep it up. Congratulations. Will Brown, year after year after year, gets it done.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Farley.

SENATOR FARLEY:Yes, again I rise to support this great team and what it went through this year. It had a lot of character.

And its coach, Will Brown, has really done a fantastic job for many years there. I go back long enough when Coach Sauers was the coach there, and he used to send me some of his students that needed some rehabilitation when I was teaching there. And they were always men of fine character and great promise.

And, you know, Albany has had a history of having great basketball teams. And as far as I'm concerned, you have a great future. And the team today is not only a great team this year, you're going to be even better next year.

And I wish you well, congratulations on a great job done. We're all very proud of you.

ACTING PRESIDENT GRIFFO:Senator Nozzolio.

SENATOR NOZZOLIO:Thank you, Mr. President, on the resolution.

I rise to thank Senator Amedore for bringing this resolution to honor both squads, both the women's and men's basketball championship teams. My hat's off to all the coaches and the staff who made this happen.

I especially wish to acknowledge, Coach Brown, that I come from a district that's halfway between SUNY Albany and SUNY Buffalo. I went to Cornell and to Syracuse, which has been at the NCAA tournament, those schools, a few times. But I can tell you the pride of all of New York was to see both SUNY Albany and SUNY Buffalo get into the championship brackets for men and women.

Let me speak to the men's team, as this resolution is honoring the men's team. That to watch you on television, to see your teamwork, your creativity, your hustle, and especially -- I've said it once, but it bears repeating -- your teamwork. You were, in fact, a team. The enthusiasm, the energy you put together as a team was gratifying.

I was proud to say I'm from New York State. I was proud to say this is the team that represents all of our state but is from our state capital. And congratulations to what you've done in this past year.

I was also pleased to see that you were able to get there by defeating Senator LaValle's team from Stony Brook. Upstate deserved it.

(Laughter.)

SENATOR NOZZOLIO:But also thank you because what you've done in set in motion the thoughts for future collegians to come to SUNY Albany, to participate in athletics at the highest level.

So, Mr. President, I wish to thank our sponsors for making this resolution possible, and I'm honored to join on in supporting these two great teams. And especially thank you to the men's basketball team for what you did to make us all very, very proud.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, we've played some basketball in Syracuse and we've produced some players in Syracuse. We would have loved Breanna Stewart to stay in Syracuse, but she decided to become Most Valuable Player three years in a row.

So I've been watching your basketball team, both of your teams, and I just want to echo everything that's been said. I've got to add one thing. Syracuse, especially basketball and football, love to talk of themselves as the New York State team, the New York State team. Well, they weren't in the tournament this year, so I had to find another "the New York State team."

And maybe you should be called that now, since you went farther in the NCAA tournament. In fact, you went the same distance as Syracuse went in the ACC tournament even though you're not in the ACC.

So I want to commend you. And you are getting a great reputation across this state. You're fun to watch. And congratulations to both of your teams on wonderful seasons.

Thank you.

ACTING PRESIDENT GRIFFO:As noted, the resolution was adopted previously on March 24th of 2015.

We want to welcome also the men's team here from the University at Albany. Thank you.

(Standing ovation.)

ACTING PRESIDENT GRIFFO:Senator LaValle.

SENATOR LaVALLE: Mr. President, can we take up another previously adopted resolution by Senator Breslin, 1410. Can we read it in its entirety, and then would you recognize Senator Breslin.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1410, by Senator Breslin, commending Dr. Pamela V. Agan-Smith upon the occasion of her selection as 2015 School Psychologist of the Year by the National Association of School Psychologists.

"WHEREAS, It is the custom of this Legislative Body to recognize and pay tribute to those individuals within the field of mental health who distinguish themselves through professional excellence and who have made significant contributions to the quality of life of citizens in the State of New York; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commend Dr. Pamela V. Agan-Smith upon the occasion of her selection as 2015 School Psychologist of the Year by the National Association of School Psychologists at its annual convention in Orlando, Florida, on February 17-20, 2015; and

"WHEREAS, The National Association of School Psychologists works to empower school psychologists by advancing effective practices to improve students' learning, behavior, and mental health; and

"WHEREAS, Dr. Pamela V. Agan-Smith earned her master's degree and doctorate in psychology from the University at Albany, and is a New York State Licensed Psychologist; and

"WHEREAS, For the past 31 years, Dr. Pamela V. Agan-Smith has rendered faithful, conscientious and valuable service as a school psychologist in the Greenville School District; and

"WHEREAS, Known for her exemplary dedication to improving the mental health and well-being of students, Dr. Pamela V. Agan-Smith's many accomplishments include helping to create an early-literacy intervention program, an after-school Al-A-Teen program, peer mediation, and suicide prevention programs; and

"WHEREAS, In addition, Dr. Pamela V. Agan-Smith established Greenville's first district-wide mental health crisis plan; and

"WHEREAS, The recipient of numerous other awards and accolades for her outstanding service, Dr. Pamela V. Agan-Smith was honored with the 1983 Ted Bernstein Memorial Award and the 2013 Frank Plumeau School Psychologist of the Year Award by the New York Association of School Psychologists; and

"WHEREAS, Dr. Pamela V. Agan-Smith's work as a school psychologist has had a positive, wide-ranging effect on the youth of Greenville, helping them succeed both inside and outside the classroom; and

"WHEREAS, Throughout the entire period of her community service, a period of constructive involvement, Dr. Pamela V. Agan-Smith has stood constant in dignity, good grace and humor; and

"WHEREAS, It is the sense of this Legislative Body that those who enhance the quality of life in their community, and have shown a long and sustained commitment to the maintenance of high standards in their profession, certainly have earned the recognition and applause of all the citizens of this great Empire State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to honor Dr. Pamela V. Agan-Smith upon the occasion of her selection as 2015 School Psychologist of the Year by the National Association of School Psychologists; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Dr. Pamela V. Agan-Smith."

ACTING PRESIDENT GRIFFO:Senator Breslin.

SENATOR BRESLIN:Thank you, Mr. President.

Although there is no relation, we watched the two basketball teams from the University at Albany. And Dr. Pamela Agan-Smith is a master's degree owner and a Ph.D. owner from the State University at Albany and has an undergraduate degree from Binghamton University.

And as was mentioned in the resolution, she's been a school psychologist at Greenville for 31 years. She didn't come to the scene in the last 12 months; for years, she's been innovating and making school psychologists a better profession, one that responds to the needs of kids who have enormous problems.

She's gotten local awards, state awards, and this year was the MVP, the pinnacle, and that's to receive the national award as the top school psychologist in the United States, the top school psychologist in the United States. That's an organization that has 25,000 members.

And it's a tribute to you, Doctor, for what you have done and what you have accomplished. And we're humbled by that. And I'm delighted to give you a resolution about your accomplishments that will always be a permanent record here in New York State.

And keep up the great work. Congratulations.

Dr. Pamela Agan-Smith.

(Sustained applause.)

ACTING PRESIDENT GRIFFO:We congratulate and welcome Dr. Pamela Agan-Smith to the chamber today.

And as noted, the resolution was previously adopted on April 22nd of 2015.

Senator LaValle.

SENATOR LaVALLE: Mr. President, on this very day we lost one of New York's finest, Police Officer Brian Moore, who people had been praying for and hoping that he would survive the wounds that he -- that occurred while he was on duty.

He's a constituent of Senator Hannon's, so I would like to recognize Senator Hannon and then Senator Golden and anyone else. And then if we could have a moment of silence after everyone has spoken.

ACTING PRESIDENT GRIFFO:I'd ask the house to come to order.

Senator Hannon.

SENATOR HANNON:Thank you, Mr. President.

On a very sorrowful note, over the weekend Officer Brian Moore, sitting in a patrol car, was shot in the head. This was an outstanding officer. And we learned early this morning that he passed away from those head injuries.

Brian Moore was 25, a resident of Massapequa, a Plainedge High School graduate, and had become, since he was on the force in 2010, an outstanding, well-renowned young police officer. He had over 150 arrests.

In an era when it's becoming more and more difficult to be a policeman, when the families don't know what call they'll get, he unhesitantly served well, served in the tradition of his family -- his dad was a police officer, his uncle was a police officer -- and we all benefited from the fact that he was helping to keep peace, keep civility, and doing it in an admirable way.

So today when we finish making comments, I ask that we pause in his memory and in memory of the tradition that he had established in terms of good policing.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Hannon.

Senator Comrie.

SENATOR COMRIE:Thank you, Mr. President.

I also rise today to ask the Senate to do a moment of pause on the passing of Officer Brian Moore, who unfortunately was shot in my district, in a residential area in Queens Village.

Officer Brian Moore, who was a member of the 105th Precinct, was a distinguished officer in his short time in the 105th Precinct. On going to the hospital on Saturday and speaking to members of the 105th Precinct and other people, they understood that he always wanted to be a cop. He was coming from a tradition of police officers, coming from people that wanted to serve this community and protect the community.

Brian Moore was shot unconscionably and horribly by a person who was an habitual criminal and deserved to be off the streets. And I want to thank my community, because within 90 minutes they pointed out exactly where this miscreant was so that he could be arrested. And hopefully the full weight of the law will come down on him.

But Brian Moore was a person that wanted to serve our community and served it well in the 105th Precinct. His history and his dignity and his manner deserves that every accolade be accorded to him. And I want to commend the Senate and ask for a moment of silence on behalf of his passing.

My prayers to his family and to all of our men in blue that continue to serve our city and protect our state. We need to say a prayer for them for every day of their service.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Comrie.

Senator Robach.

SENATOR ROBACH:Yes, Mr. President, I too would like to rise and say how sorry I think we all are that this officer was slain.

And I would agree with Senator Comrie that probably this individual, if all the facts are true, probably shouldn't have been on the street. And very similar to Officer Daryl Pierson, who was killed not too long ago in Rochester -- again, by someone on parole.

Maybe this is a call to us to not only remember those officers but also take a look at our policies that I can say, for one, I feel is letting some very habitually violent people out of incarceration. And not only are they victimizing police, but other people. And there can't be a more drastic call or pointing to that than the unfortunate loss of life of Officer Moore.

So let me join with all my colleagues in remembering this fallen officer who gave the ultimate sacrifice trying to do his job and protect the public, be that thin blue line between us sometimes and often chaos.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Robach.

Senator Díaz.

SENATOR DIAZ:Thank you, Mr. President.

Today we are here talking about another dead -- another police officer shot in the City of New York. And I remember when we all went against something that was called stop and frisk. During the time of stop and frisk, we didn't like it because sometimes they went out of their hands.

But I have to admit, and I'm telling all of my colleagues here that during the time of stop and frisk, crime came down. People thought twice before taking a gun, a weapon, because they thought or they knew that they might be stopped.

So there were many people that started carrying weapons once we decided to do away with stop and frisk. Now everybody got a weapon. Shootings are coming back. This police officer, Mr. Moore, got shot. And we are again, I'm here again, and I know that stop and frisk sometimes they went and abused it. But we've got to do something, we've got to do something in the City of New York. There's too many people carrying weapons and too many people being hurt.

So if something doesn't happen soon, I think that we're going to have to bring back the stop and frisk. But I'm saying I know a lot of people are going to go berserk on me, but I don't care. My concern are the senior citizens, the constituents and the citizens of the city that have been put in jeopardy.

So, ladies and gentlemen, I join those of you that are here feeling sorry because of the death of Police Officer Moore. I pray for him, for his family. Our prayers are for his family. But again, again, something must done. And if not, let's bring back the stop and frisk.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: I just want to give my condolences as well.

And sometimes you wonder what in God's name is going on in this world where totally senseless, unbelievable acts are perpetrated by some people. And this is an incredible example, a police officer is shot in the back of the head. Now, how depraved do you have to be to do something like that?

And I feel so sorrowful that I wish, as Senator Díaz said, I wish we could figure out what that solution is. But I think, quite frankly, that Senator Comrie may have the answer, the fact that his community within 90 minutes identified the perpetrator and brought the perpetrator to justice.

And I think if more communities, no matter where it is in the state, act in the same way, knowing that the people who may live in their community that are off in some way mentally, or just wild from birth, that those people are taken off the street by cooperating with the police, by cooperating with the city officials so that the protection that they might otherwise think they have is not there.

So maybe we've learned a lesson from Officer Moore's death. Maybe we learned a good lesson, that we've all got to be part of this, no matter who the violence is against, to make sure that those who are making the violence aren't going to feel comfortable and they will know that they're going to be prosecuted and put in jail.

So my deep condolences to the family, and my thanks to Senator Comrie's community for doing the right thing and showing us the way.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Venditto.

SENATOR VENDITTO:Thank you, Mr. President.

Officer Moore was a resident of North Massapequa, the community in which I was born. And that's something I'm very proud to say today.

He -- like many of the officers in our state, he gave his life in the line of duty. He gave his life so that we may enjoy our lives. And it's an important step that we're taking to pay homage to his memory.

It's equally important that everyone in New York State go out and live their lives the way this officer did, giving of himself, loving his neighbors, doing the right thing by his community and by the state.

And so we pray that he rests in peace, and our thoughts and prayers are with his family today and always.

Thank you.

ACTING PRESIDENT GRIFFO:I'm going to ask Senator Golden to speak and conclude the remarks of today's session of the Senate on this issue.

SENATOR GOLDEN:Thank you, Mr. President. And to all my colleagues that spoke, and those did not speak but their hearts are heavy today. All our hearts are heavy across this great state.

You know, it's not too long ago since Officer Liu and Officer Ramos were shot down and gunned and killed in this great city, in this great state. And here we are again with Brian being shot and killed.

And you know what? We live in the greatest city in the greatest state in the nation. You know, if Brian had the fortune to pull through and if he had the good fortune of being able to live but was forced to go on disability, do you know the greatest city in the greatest state in the nation did away with disability for our police and for our fire five years ago? He wouldn't be able to get disability this day if he needed to get one.

His father was a sergeant, retired. His uncle a sergeant, retired. Cousins on the job throughout the city and throughout Long Island. And I'm not sure if they're in Massapequa or not, but I do believe they're in Long Island.

Here's an officer with two exceptional merits and two meritorious medals. These are the officers that are out there at 2 o'clock in the morning and 3 o'clock in the morning when we're sleeping, dealing with some of the worst of the worst.

And he would take this bullet, and we all prayed for him. And we all really thought he'd pull through. But he did not. Twenty-five years of age, he won't get the chance to play with his child because he'll never have one, a young boy or young girl, to have the joy of being with that family. He gave his life for that city and for his family.

And you know, if you're a federal police officer, there's a death penalty for you. But unfortunately we don't have that here in this great state. But that's not going to bring any rest to that family. That family will suffer, that family will cry, that family and the family -- the immediate family and the family of the whole New York City Police Department will have a hole in their hearts for many years to come.

I pray, like each and every one of you here in this room today, for that family and for Brian. And may we never forget Brian's loss to us and the future officers that will be disabled and that will die defending us, defending this great city and this great state.

They have not yet announced the funeral arrangements; they will be announced shortly. I would hope that many of us would be able to get there and to show our respect for the family. But I ask that we stand this moment and that we give a tribute and a memorial as we pray to ourselves in a moment of silence not only for Brian's loss, his family's loss, but for our city and for our state and for our nation.

God bless you, Brian.

ACTING PRESIDENT GRIFFO:Let us all stand in tribute and with silent prayer in honor of Officer Brian Moore and for his family. Our thoughts and prayers are with them.

(Whereupon, the assemblage rose and respected a moment of silence.)

ACTING PRESIDENT GRIFFO:Senator LaValle.

SENATOR LaVALLE: Mr. President, can we go back to motions and resolutions.

ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.

SENATOR LaVALLE: On behalf of Senator Young, on page number 30 I offer the following amendments to Calendar Number 394, Senate Print Number 4182, 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 LaVALLE: Mr. President, can we now have the noncontroversial reading of the calendar.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 79, by Senator O'Mara, Senate Print 1152, an act to amend the General Municipal 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, 57.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 93, by Senator Nozzolio, Senate Print 1954, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Nozzolio to explain his vote.

SENATOR NOZZOLIO:Thank you, Mr. President.

I rise briefly to explain my vote, to thank my colleagues for supporting the recognition that this measure provides to a national and international organization that has over 15,000 members in New York State, an organization that has been devoted to establishing conservation habitat for now well over 75 years.

Ducks Unlimited is a wonderful conservation organization. They've spent over $23 million on projects to enhance waterfowl habitat and other conservation efforts in New York State.

Joey Nicosia, from Newark, New York, is the statewide president, and I thank him for his help in making this legislation possible and thank my colleagues for supporting this measure.

Thank you, Mr. President.

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

Announce the results.

THE SECRETARY:Ayes, 55. Nays, 2. Senators Dilan and Perkins recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 155, by Senator LaValle, Senate Print 2104, an act to amend the Vehicle and Traffic 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, 55. Nays, 2. Senators Dilan and Perkins recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 163, by Senator Griffo, Senate Print 1882, an act to amend the Public Health 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, 56. Nays, 1. Senator Hoylman recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 172, by Senator Flanagan, Senate Print 2089, an act to amend the Economic Development 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.)

THE SECRETARY:Ayes, 57.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 182, by Senator Lanza, Senate Print 3326, an act to amend the New York City Health and Hospitals Corporation Act.

SENATOR GIANARIS:Lay it aside.

ACTING PRESIDENT GRIFFO:Lay it aside.

SENATOR LaVALLE: Lay the bill aside for the day.

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

THE SECRETARY:Calendar Number 189, by Senator Griffo, Senate Print 3542A, an act to amend the Public Service 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.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 235, by Senator LaValle, Senate Print 229, 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, 57.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 249, by Senator Ranzenhofer, Senate Print 868, an act to amend the Alcoholic Beverage Control Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 56. Nays, 1. Senator Montgomery recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 376, by Senator Addabbo, Senate Print 2495, an act to amend the General Business Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 60th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 57.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 439, by Senator Felder, Senate Print 4843, an act to require.

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.

ACTING PRESIDENT GRIFFO:The bill is passed.

Senator LaValle, that completes the noncontroversial reading of today's active-list calendar.

SENATOR LaVALLE: Is there any further business at the desk?

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

SENATOR LaVALLE: Mr. President, I move that we adjourn, in the memory of Brian Moore, until Tuesday, May the 5th, at 3:00 p.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Tuesday, May 5th, at 3:00 p.m.

The Senate is adjourned.

(Whereupon, at 4:02 p.m., the Senate adjourned.)