Tuesday, March 8, 2016

ACTING PRESIDENT CROCI:All in favor of adopting the Resolution Calendar, with the exception of Resolution Number 4125, please signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT CROCI:Opposed?

(No response.)

ACTING PRESIDENT CROCI:The Resolution Calendar is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: If we could stand at ease for a few seconds.

ACTING PRESIDENT CROCI:The Senate will stand at ease.

(Whereupon, the Senate stood at ease at 3:20 p.m.)

(Whereupon, the Senate reconvened at 3:21 p.m.)

ACTING PRESIDENT CROCI:The Senate will come to order.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, officially it was 47 seconds, by my count.

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

Senator DeFrancisco.

SENATOR DeFRANCISCO: Can we now take up Resolution Number 4125, read it in its entirety, and call on Senator Stewart-Cousins.

ACTING PRESIDENT CROCI:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 4125, by Senator Stewart-Cousins, memorializing Governor Andrew M. Cuomo to proclaim March 2016 as Women's History Month in the State of New York.

"WHEREAS, March is Women's History Month; and

"WHEREAS, March 8th is International Women's Day; and

"WHEREAS, Each year New York State officially sets aside time to recognize the unique contributions that women have made to New York State; and

"WHEREAS, New York State has a distinguished history of monumental achievements in the area of women's rights; and

"WHEREAS, In 1826, New York State opened one of the first public high schools for girls, resulting in a future for women in which they were no longer confined to the home, a future in which they were educated and able to use this education to better their social and economic status; and

"WHEREAS, In 1848 in New York, the first women's rights convention was held at Seneca Falls to secure for all women the right to vote; and

"WHEREAS, In 1903, The Women's Trade Union League of New York was formed to represent working women, later becoming the nucleus for the International Ladies' Garment Workers' Union; and

"WHEREAS, In 1918, one year after New York guaranteed women the right to vote in all elections, the first two women, Ida Sammis and Mary Lilly, were elected to the New York State Legislature; and

"WHEREAS, In 1967, Muriel Siebert became the first woman to own a seat on the New York Stock Exchange, opening the door for women to gain positions of greater economic power; and

"WHEREAS, In 1968, New York State Assemblywoman Shirley Chisholm became the first black woman elected to Congress and, in 1972, she ran for President of the United States, another first for black women; and

"WHEREAS, In 1970, New York City was the site of the first Women's Strike for Equality in which 50,000 people marched for equal rights; and

"WHEREAS, In 1983, New York State women legislators established the Legislative Women's Caucus to improve the participation of women in all areas of government, support issues that benefit women and provide a network of support for women in the State Legislature; and

"WHEREAS, In 2009, Sonia Sotomayor was the first Hispanic Justice appointed to the United States Supreme Court; and

"WHEREAS, In 2014, four women from New York State participated in Olympic events held in Sochi, Russia: Anneliese Cooke, Saranac Lake - Biathlon; Jamie Gruebel, Lake Placid - Bobsled, earned a Bronze Medal; Erin Hamlin, Remsen - Luge, earned a Bronze Medal; and Josephine Pucci, Pearl Lake - Women's Hockey, earned a Silver Medal; and

"WHEREAS, In 2015, Loretta Elizabeth Lynch was appointed as Attorney General of the United States, becoming the first African-American woman to serve in this esteemed position; and

"WHEREAS, New York has been the home of many extraordinary women who have led society to a better future: Elizabeth Cady Stanton and Susan B. Anthony led the campaign for women's suffrage; Sojourner Truth spoke out for the abolition of slavery and for suffrage for women; and

"WHEREAS, Carrie Chapman Catt became the first president of the League of Women Voters; Emma Willard opened the first endowed institution for the education of women; Civil War surgeon Dr. Mary E. Walker was the only woman ever awarded the Congressional Medal of Honor; Harriet Tubman was an abolitionist who led slaves to freedom by way of the Underground Railroad in the 19th century; and

"WHEREAS, Elizabeth Blackwell and Belva Lockwood were the first women in the fields of medicine and law; pioneer birth control educator and advocate Margaret Sanger established a research center in New York City; and

"WHEREAS, Emma Goldman founded the Free Speech League, which led to the American Civil Liberties Union; humanitarian Eleanor Roosevelt served as United States Delegate to the United Nations; and

"WHEREAS, Civil rights lawyer and New York State Senator Constance Baker Motley became the first black woman to sit on the U.S. District Court in New York, and there have been so many more known and unknown women who championed rights and opportunity for all; and

"WHEREAS, New York State has hosted many conventions, campaigns and events of the Women's Rights Movement, from the 1848 convention at Seneca Falls to the 1999 Berkshire Conference of Women Historians, which was held to improve the status of women in history and in the historical professions; and

"WHEREAS, Today, 55 women serve in the New York State Legislature, holding leadership positions in both houses and bringing the diverse experiences of women into law and public policy, the largest class of women in the history of New York; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim March 2016, as Women's History Month in the State of New York; and be it further

"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York, and the Legislative Women's Caucus of New York State."

ACTING PRESIDENT CROCI:Senator Stewart-Cousins.

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

I rise to certainly celebrate women and women's history and Women's History Month.

I always enjoy having the resolution read in its entirety, because it always reminds us of how far we've come and how much New York has been in the forefront of progress for women.

I stand here the proud daughter of a mother who had aspirations that she could never have achieved, and here I am. And I stand on the shoulders of so many great women that it's just heartening to hear their names said in this chamber and, again, to serve as a reminder of who has come before us and the shoulders upon which we stand.

Many times when I stand here I talk about neighborhood heroes, great women who had left their mark. And today I just wanted to mention Assemblymember Barbara Clark, who we laid to rest just last week.

Barbara Clark was a pioneer in many ways, and certainly her 30 years of service has left us with the great, great understanding of what commitment can bring, what a person who has just a love and a thirst for justice and education and how nothing, nothing would stand in the way of Barbara Clark.

And so as I remember the great women who served in the State Legislature, I want to remember Barbara.

And I also look back at the very first woman who was elected to the Assembly and to the New York State Senate, and her name was Rhonda Fox Graves. She was a suffragette, and she was someone who was elected to the Assembly in 1920, served 15 years before coming to the Senate in 1935. She was the very first woman to preside over the Senate's Agriculture Committee, and she organized the OWLs, the Organized Women Legislators of New York.

I also remember Constance Baker Motley, the first African-American woman Senator to serve here. She's mentioned in the resolution, but she was so important historically. In 1950, she wrote the original complaint for Brown v. Board of Education. She was able to argue in front of the U.S. Supreme Court and won the landmark decision allowing James Meredith to attend the University of Mississippi. She was the borough president of Manhattan. And, yes, she was a State Senator.

We have an amazing path that has really been cut by women right here in New York. We lead the way in so many ways. We know that we are nationally, with a woman from New York, poised possibly to have a first woman president.

And right here in this chamber we're -- as we said, there are more women serving than ever before. We have 20 percent. We know, however, most organizations say that at least 30 percent of any group really impacts policy. So we certainly have some way to go. But I'm certainly proud to be in this chamber with so many fine women serving.

And I'm also very proud to be able to have great interns. I have an intern, Nayram, who is right here -- you can stand up. You know, Nayram is on her way, after she serves her internship, to go to the Peace Corps. And when she goes to the Peace Corps, she's going to Rwanda. And I will tell you that Nayram tells me that in Rwanda, 50 percent of the governing body are women.

So we obviously have come a long, long way. I remember looking at photographs -- and not even photographs, paintings, where women were just allowed to be up in the gallery. They weren't allowed to even walk on the floors in this house. They weren't able to clean the desks. Women just weren't allowed.

So we've certainly come a long way. We've got a long way to go. But with great people like the next generation, Nayram, we will certainly, certainly go far.

So thank you very much.

(Applause.)

ACTING PRESIDENT CROCI:Senator Stavisky.

SENATOR STAVISKY:Thank you, Mr. President.

And thank you, Senator Stewart-Cousins, for sponsoring this resolution.

Let me just add to what the Senator said, because Barbara Clark really had an impact on everybody here. Those who knew her were that much better off for having known Barbara Clark, because Barbara represented, to me, everything that was good about government. Where you can point with pride and say she cared about education.

And Senator Stewart-Cousins knows we would have dinner with Barbara in Albany, and she was passionate about education, about opportunity, because Barbara had grown up the daughter of a coal miner in Beckley, West Virginia. And she came to New York with her husband, Tom, and raised a family of whom she was very, very proud.

But Barbara represented almost a sense of decency that is lacking, a feeling that she cared about people, and they reciprocated. And today with all of the partisanship that's going on, the acrimony, the nastiness, Barbara represented goodness. And I think we can certainly look to Barbara as an example of what our behavior should be like. And I'm very proud that I knew a Barbara from Queens County, Barbara Clark.

Secondly, let me pick up on some of the things that were mentioned in the resolution. The resolution talks about the school that was built or formed 202 years ago. It was called the Troy Female Seminary. It's now known as the Emma Willard School, and it's right across the river in Troy -- which happens to be the birthplace of my grandmother, who grew up in Troy many, many years ago.

The women's rights movement really began in New York State, in the western part of the state in 1848, with the Seneca Falls Convention and the resolution to encourage women's right to vote. It was about a hundred years ago, almost a hundred years ago when women in New York State were afforded the right to the vote, before the 19th Amendment was passed in 10920.

And those first women who were here, it's interesting because it was bipartisan. There was a woman from New York City, Ida Sammis, as was mentioned, and Rhoda Fox Graves was a teacher as well as a farmer and organized what is today the Legislative Women's Caucus -- again, a bipartisan group. And Rhoda Graves was a Republican from upstate New York.

And the rest I know has been repeated, but let me just add one other aspect.

Let us hope that in the future when we list the women whom we are very proud of -- and remember, there are only 12 women in this body of 63, so we're not nearly there yet, when we represent more than half of the constituency, half of the people in New York State. But we do have a leader of our conference who is a woman, first time. And we are very proud of Senator Stewart-Cousins as the leader and a future leader of our conference in the days ahead. And I congratulate her.

And next time we're going to put your name as amongst the accomplishments of the women in the State Senate.

Thank you, Mr. President.

ACTING PRESIDENT CROCI:Senator Comrie.

SENATOR COMRIE:Thank you, Mr. President.

I rise to join our Democratic Conference Leader Andrea Stewart-Cousins and her consistency in making sure that Women's History Month, there's a proclamation and a resolution to honor those women that have worked in our country and throughout our nation and throughout this state.

The impetus behind Women's History Month is to proclaim women -- and this year's theme could not be more appropriate -- working to form a more perfect union, honoring women in public service and government. Barbara Clark was an Assemblymember that touched my Senate district, the majority of my district, the key parts of it. And I was honored to have known her and to have been mentored by her and to understand her passion for service, to understand her passion to be involved in issues, to understand her fight to create opportunities for every child in her district and the fights that she did to stay involved in education and especially the Campaign for Fiscal Equity.

You could never go to a meeting with Barbara Clark and expect to get out of the room before the last person and before the janitor or the custodian wanted to close the door. Barbara Clark was tireless on fighting for issues, never defeated in her issues, never -- she came in as a reformer. She fought against the organization to become the Assemblyperson, and she never forgot her roots.

She came from the coal mines and came here as a parent, and starting as a parent, she got involved in the schools and made sure that her four children all went through the school system and became excellent people with secondary education, becoming doctors and lawyers and people of great esteem.

And she realized that the power of public education could change people's lives. And she never gave up the fight in her entire time here to push to make sure that every child in this city and in this state could get a solid and positive public education.

She was one of the earliest people that fought for the campaign to make sure that the school systems could get money, and she continued to fight to ensure that the Campaign for Fiscal Equity would happen -- many times by herself, many times doing the things necessary as an individual to make sure that that fight happened. And she was still working up until the end, to try to make sure that the money actually came down, which we would hope that more money comes down in this budget.

Barbara Clark to me was a person that you could talk to for many hours about issues, find out positive things from her. She always celebrated her family, celebrated women. She never stopped trying to mentor people, she never stopped trying to make sure that people were understanding her point of view and her reasons for existing.

I just want to congratulate her and I want to thank her family for sharing her with us. And I know that their loss is profound and our loss as a community is profound as well.

But I also want to acknowledge another outstanding woman who was just appointed to the New York State Appellate Division by Governor Cuomo and who lives in my district. And I'm honored to know Valerie Brathwaite Nelson, who is a Supreme Court judge. She's just been appointed to the State Appellate Division of the Supreme Court, Second Department. The Second Department comprises the 10-county downstate region that includes the lower counties of the state.

Valerie Brathwaite was elected to New York State's 11th Judicial District in 2004. Prior to her election as a Supreme Court justice, she served as a Queens County Civil Court judge.

Valerie has also served in a variety of public and legal capacities. She began as a law clerk for U.S. Congresswoman Shirley Chisholm. She has done many other public-sector roles, working as a law clerk, working to volunteer for many agencies. She's been an active participant and leader in various professional and community organizations, including serving as a former vice president of the National Bar Association, Labor Law Section, and many other areas as well.

I'm honored to celebrate her as we deal with and highlight Women's History Month. And I hope that she can also serve as a living example for all women who are aspiring to be part of public service.

Thank you, Mr. President.

ACTING PRESIDENT CROCI:Thank you.

Senator Sanders.

SENATOR SANDERS:Thank you, Mr. President.

When we honor women, there are many very, very worthy women that we should honor. We can think of the greatest names, we can think of some people who have done incredible things. I want to draw attention just to two, and then I will stop: One who had a high position, of course, and one who created, helped shape things.

I'm talking about, of course, our fallen Assemblymember Barbara Clark, who was a force to be reckoned with, a force of nature in our district. She did so many good things that you heard from my colleague Senator Comrie, so I won't go there. There's so many good things that we could say about her.

But I want to speak about another person, a person that we don't speak of. And I want her to epitomize the average person. I want to speak about a woman who didn't have a great education, she did not have -- she had no great commas and things after her name. She just lived a decent life.

And I would suggest to you that this is the essence of International Woman's Day, where you don't have to have all of these great commendations to live an outstanding life. In her own way, she created and moved different things.

And I'm here to bear testament to that, and of course I'm speaking about my own mother. So at this International Women's Day, I want to bear homage and pay homage to my own mother, who did not have many of these great degrees but at the same time saw fit to raise her children to live in a proper manner.

Thank you very much.

ACTING PRESIDENT CROCI:Senator Hamilton.

SENATOR HAMILTON:Yes, thank you, Mr. Speaker.

I'd like to also acknowledge Women's International History Month. And there's one woman in particular that I'd like to talk about who lived around the corner from my house, and her name was Shirley Chisholm. She was one of the first black women elected to the U.S. Congress. She also came from the country where my grandmother came from, which is Barbados, in the Caribbean.

She was instrumental in being a trailblazer for many young women of color in our district. We have with the first female public advocate in the City of New York; that is Letitia James, who also followed in the footsteps of the more prominent woman, Shirley Chisholm.

She was also instrumental in getting a house for my block association, which we still have, which is now worth $3 million. She was also the first woman of color to run for President of the United States.

So today I'd like to acknowledge her and what she's done, and all the women in my community who struggled to make ends meet for their families. And also, as Senator Sanders mentioned, I'd like to also acknowledge my mother, who raised three children on her own in the South Bronx, in NYCHA housing.

And every day she asked me: "Son, what do you want to be when you get older?" And I would say: "A doctor, Mommy, or a lawyer." But there were no doctors, there were no layers living in my neighborhood. So with her perseverance and love and faith in God, I'm able to stand here before you today, a New York State Senator.

Thank you very much.

ACTING PRESIDENT CROCI:Senator Krueger.

SENATOR KRUEGER:Thank you, Mr. President.

I also rise to speak on this resolution. I'm proud to stand here as a woman in the New York State Senate. I wish there were more of us in the State Senate, in the Assembly, in every level of government.

I wish I could say that women have equal treatment under the laws of this country and that we weren't exposed to violence more frequently and abuse more frequently -- rape, domestic violence, crimes against us -- because we are women. But I feel that we will get there.

But I want to, for the record, say that one of the most important things that this country could do in honor of women all through this nation is to finally ratify the Equal Rights Amendment to the U.S. Constitution. It seems so appropriate, in Women's History Month and on the International Day of the Woman, to remind everyone that we still have not ratified a constitutional amendment that would say the following things:

"Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

"Section 2. The Congress shall have the power to force, by appropriate legislation, the provisions of this article.

"And Section 3. This amendment shall take effect two years after the date of ratification."

Now, New York State has ratified this amendment to the Constitution. But for the record, people have been working towards an Equal Rights Amendment of the Constitution of this country since 1923. We will soon be at the 100-year mark of not ratifying this amendment to the U.S. Constitution. Wouldn't it be lovely, wouldn't it be fair, wouldn't it be right, wouldn't it show our true commitment to equal rights for women and respect for women in this country if we got that constitutional amendment done sooner than later.

Thank you, Mr. President.

ACTING PRESIDENT CROCI:Seeing no further members who wish to be heard on this resolution, the question is on the resolution.

All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT CROCI:I'm sorry. Senator Marchione.

SENATOR MARCHIONE:I had asked to speak on this resolution.

I want to thank Senator Stewart-Cousins for bringing forth the resolution and remembering all the great women who have come before all of us, before our generation.

And you know, we talk about those who fought to get us the right to vote, and we never want to forget that, we never want to forget the struggles that they went through so that we could vote. And so many today don't exercise that right, that privilege, that we fought so hard for. We need to make sure that we who are living today get that vote out and make sure that women's voices are being heard.

You know, we all talk about women in our districts who have made a difference, and I just want to talk about one woman in my district. And she's a doctor; her name is Dr. Waldo, from Columbia County. And she was running a hospice program before there was hospice. And when she went to school to be a doctor, she was put with the dentists because the doctor students didn't really want the women to be with them.

And the interesting part is -- and she laughs about that they all married dentists, which was great, because then the husbands could stay home and take care of their children while they went on house calls.

But, you know, I think the one thing I'd like to say about Women's History Month is what we do today determines the history for tomorrow.

And as I was looking at some statistics myself, I was looking at the poverty levels of women within my district. And when I looked at the percentage of poverty and I looked at single households, most of the time women with children, it makes up about 40 percent in two of my counties. And I look at that and think, we need to do better. We need to make a difference on poverty for women. We need to continue to advocate for good jobs. We need to advocate for childcare. We need to advocate for women to be paid fairly, as men are paid, when they're in equal positions.

And then when they're celebrating Women's History Month in years to come, they'll remember the contributions that we made to our fellow women here, and hopefully they'll remember that fondly.

Thank you, Mr. President.

ACTING PRESIDENT CROCI:The question is now on the resolution. All those in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT CROCI:Opposed, nay.

(No response.)

ACTING PRESIDENT CROCI:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, Senator Stewart-Cousins has graciously offered it open for cosponsorship. Everyone will be on unless you notify the desk otherwise.

ACTING PRESIDENT CROCI:The resolution is open for cosponsorship. If you do not wish to be a cosponsor, would you please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes. Could you please take up the noncontroversial reading of the calendar.

ACTING PRESIDENT CROCI:The Secretary will read.

THE SECRETARY:Calendar Number 47, by Senator Ortt, Senate Print 3127, an act to amend the Alcoholic Beverage Control Law.

ACTING PRESIDENT CROCI:Please read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT CROCI:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

Last year we had a bit of a debate around this bill where I was questioning the sponsor about the need for this bill and in fact could find very little answer of what was justified in changing our law.

I've done a little more homework, and I sincerely can't figure out why we would want to change the law other than to assure that some people don't want to go through the SLA licensing standards and review, which sometimes means there's some issue in their criminal history or business history.

So based on the fact that I can find no evidence of a justification for this bill, it is not something that Erie County has asked or requested, and that there may be a question but I'm not sure, about who would end up then avoiding having to go through the State Liquor Authority standard review for being on liquor licenses.

I continue to vote no for this bill, Mr. President. Thank you.

ACTING PRESIDENT CROCI:Senator Ortt.

SENATOR ORTT:Yes, Mr. President, to explain my vote. I'm voting in the affirmative.

There are 48 other states that have a very similar law. Like many bills that we debate here, New York State often seems to be first or dead last. This is a chance to join the rest of the nation with a very similar law which simply allows the holder of the license to share revenues with the owner and operator of the premises.

In this case you have a stadium, Ralph Wilson Stadium, which is actually owned by a public entity, the County of Erie. And I certainly would take some issue to insinuate that the license holder -- in this case, Erie Sports Center, LLC -- has anything to hide or has anything in their record that would be embarrassing or a problem.

The fact is there are 48 other states that have a very similar law which allows the sharing of revenue, so New York State would simply be the 49th state. And therefore I think it makes good sense for us to join the rest of the country, as we often either try to do or resist doing on so many other bills.

So, Mr. President, I vote aye.

ACTING PRESIDENT CROCI:Announce the result.

THE SECRETARY:In relation to Calendar 47, those recorded in the negative are Senators Díaz, Hamilton, Hoylman, Krueger, Montgomery, Perkins, Persaud, Rivera, Sanders, Serrano and Squadron.

Ayes, 51. Nays, 11.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 100, by Senator Ranzenhofer, Senate Print 2582, an act to amend the Not-For-Profit Corporation Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 125, by Senator Robach, Senate Print 844, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar 125, those recorded in the negative are Senators DeFrancisco, Krueger and Rivera.

Ayes, 59. Nays, 3.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 178, by Senator Ritchie, Senate Print 5256A, an act to amend the Agriculture and Markets Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 179, by Senator Griffo, Senate Print 1882, an act to amend the Public Health Law.

ACTING PRESIDENT CROCI:Please read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT CROCI:Senator Hoylman to explain his vote.

SENATOR HOYLMAN:Thank you, Mr. President.

I rise to oppose this bill because I believe these grants, under the Public Health Law, should be distributed not based on an artificial construct that might serve some local political purpose, but rather need. And we should look at the information behind the need for these health grants rather than impose an artificial percentage.

So I'll be voting in the negative.

ACTING PRESIDENT CROCI:Senator Hoylman to be recorded in the negative.

Announce the results.

THE SECRETARY:In relation to Calendar 179, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Persaud and Rivera.

Ayes, 57. Nays, 5.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 223, by Senator Young, Senate Print 3504A, an act to amend the Education Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 233, by Senator Lanza, Senate Print 3339B, an act to amend the Arts and Cultural Affairs Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 251, by Senator Ranzenhofer, Senate Print 868, an act to amend the Alcoholic Beverage Control Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61. Nays, 1. Senator Montgomery recorded in the negative.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 255, by Senator Young, Senate Print 1982A, an act to amend the General Business Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60. Nays, 2. Senators Hamilton and Savino recorded in the negative.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 268, by Senator Ortt, Senate Print 6718, an act relating to.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 269, by Senator Marcellino, Senate Print 6723, an act authorizing.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 273, by Senator Nozzolio, Senate Print 1954, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 277, by Senator Lanza, Senate Print 3732, an act to enact.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 285, by Senator Hannon, Senate Print 6778, an act to amend the Public Health Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 286, by Senator Hannon, Senate Print 6779, an act to amend the Public Health Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 293, by Senator Ranzenhofer, Senate Print 801, an act to amend the Domestic Relations Law.

ACTING PRESIDENT CROCI:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 120th day.

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 303, by Senator Lanza, Senate Print 3317, an act to amend the Penal Law.

ACTING PRESIDENT CROCI:Read the last section.

THE SECRETARY:Section 5. This act shall take effect on the first of November.

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT CROCI:Senator Squadron to explain his vote.

SENATOR SQUADRON:The idea of computer tampering as a serious crime is one that I support and endorse.

This bill would leave no existing misdemeanor crimes for computer tampering in our penal code anywhere. Sometimes it's a misdemeanor; sometimes it's a felony. That gives more flexibility.

And for that reason I vote no, Mr. President.

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

Announce the result.

THE SECRETARY:In relation to Calendar 303, those recorded in the negative are Senators Hamilton, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins and Squadron.

Ayes, 55. Nays, 7.

ACTING PRESIDENT CROCI:The bill is passed.

THE SECRETARY:Calendar Number 304, by Senator Hannon, Senate Print 3402, an act to amend the Penal Law.

ACTING PRESIDENT CROCI:Read the last section.

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

ACTING PRESIDENT CROCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar 304, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Perkins and Squadron.

Ayes, 57. Nays, 5.

ACTING PRESIDENT CROCI:The bill is passed.

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

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

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

SENATOR DeFRANCISCO: There being none, I move to adjourn until Wednesday, March 9th, at 11:00 a.m.

ACTING PRESIDENT CROCI:On motion, the Senate stands adjourned until Wednesday, March 9th, at 11:00 a.m.

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