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Wednesday, June 7, 2017

12:23 PMRegular SessionALBANY, NEW YORK
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                                                               3329

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 7, 2017

11                     12:23 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR FRED AKSHAR, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3330

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

 2                ACTING PRESIDENT AKSHAR:   The 

 3   Senate will come to order.

 4                I ask everyone to please rise for 

 5   the presentation of our nation's colors by the 

 6   New York City Police Department Ceremonial Unit, 

 7   and the recitation of the Pledge of Allegiance.  

 8                (The Color Guard entered, advanced 

 9   to the center of the chamber, and presented 

10   colors.)

11                (Whereupon, the assemblage recited 

12   the Pledge of Allegiance to the Flag.)

13                ACTING PRESIDENT AKSHAR:   I'd ask 

14   everyone to remain standing for the invocation 

15   by the New York City Police Department Chaplain, 

16   Assistant Chief the Reverend Monsignor Robert J. 

17   Romano, pastor at Our Lady of Guadalupe Catholic 

18   Church in Brooklyn, New York.

19                REVEREND ROMANO:   Let us pray.

20                Heavenly Father, we gather together 

21   here today in this great chamber to ask Your 

22   blessing upon these Senators.  

23                May they be intent to seek to 

24   represent fairly and well those who have elected 

25   them for this awesome task.  May their efforts 


                                                               3331

 1   be blessed with insight, guided by understanding 

 2   and wisdom.  May they serve with respect all of 

 3   the citizens of this great state.  May their 

 4   personal faiths give them the strength to act 

 5   honestly and well in all matters before them.

 6                As we gather here today to honor 

 7   the memory of a great son of New York, Detective 

 8   Steven McDonald of the NYPD, let us see in his 

 9   almost 60 years of life his great legacy and 

10   example of service to do not only -- to serve 

11   not only the people of New York City but the 

12   people of the entire world.

13                In the 30 years he was confined to 

14   a wheelchair, he preached, not only by his words 

15   but by his deeds, God's forgiveness and love.  

16   May all of us strive to follow the great 

17   challenge he has set before us.  

18                Today we also honor by their 

19   presence Steven's beloved wife, friend, and 

20   partner Patti Ann, the mayor of Malverne, 

21   New York, and their son Conor, who follows in 

22   his father's legacy as a member of New York's 

23   Finest as a sergeant.  They have taken up the 

24   cause of service as they continue the work of 

25   Steven.  May they be blessed in all their 


                                                               3332

 1   endeavors as they continue the challenge of 

 2   their husband, father and great American.

 3                Eternal and loving Father, we thank 

 4   the Senate of the State of New York for honoring 

 5   and remembering Steven and his family.  And 

 6   because of this great family, may we all seek to 

 7   be better legislators and citizens of the 

 8   Empire State.

 9                May God bless Steven McDonald with 

10   the gift of eternal life and his family with the 

11   consolation that they need.  May God bless the 

12   State of New York.  And, as always, may God 

13   bless the United States of America.  

14                Amen.  

15                (The Color Guard retrieved the 

16   colors and exited the Senate chamber).

17                ACTING PRESIDENT AKSHAR:   The 

18   reading of the Journal.

19                THE SECRETARY:   In Senate, 

20   Tuesday, June 6th, the Senate met pursuant to 

21   adjournment.  The Journal of Monday, June 5th, 

22   was read and approved.  On motion, Senate 

23   adjourned.

24                ACTING PRESIDENT AKSHAR:   Without 

25   objection, the Journal stands approved as read.


                                                               3333

 1                Presentation of petitions.

 2                Messages from the Assembly.

 3                The Secretary will read.

 4                THE SECRETARY:   On page 23, Senator 

 5   Phillips moves to discharge, from the Committee 

 6   on Labor, Assembly Bill Number 1956 and 

 7   substitute it for the identical Senate Bill 3789, 

 8   Third Reading Calendar 520.

 9                On page 49, Senator Lanza moves to 

10   discharge, from the Committee on Codes, 

11   Assembly Bill Number 7446 and substitute it for 

12   the identical Senate Bill 5069, Third Reading 

13   Calendar 922.

14                On page 54, Senator Croci moves to 

15   discharge, from the Committee on Higher 

16   Education, Assembly Bill Number 5984 and 

17   substitute it for the identical Senate Bill 3516, 

18   Third Reading Calendar 1003.

19                On page 57, Senator Ortt moves to 

20   discharge, from the Committee on Rules, 

21   Assembly Bill Number 5974 and substitute it for 

22   the identical Senate Bill 1219, Third Reading 

23   Calendar 1041.

24                And on page 58, Senator Akshar moves 

25   to discharge, from the Committee on Finance, 


                                                               3334

 1   Assembly Bill Number 3021 and substitute it for 

 2   the identical Senate Bill 2784, Third Reading 

 3   Calendar 1047.

 4                ACTING PRESIDENT AKSHAR:   The 

 5   substitutions are so ordered.

 6                Messages from the Governor.

 7                Reports of standing committees.

 8                Reports of select committees.

 9                Communications and reports from 

10   state officers.

11                Motions and resolutions.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:    

14   Mr. President, can we now take up previously 

15   adopted Resolution 1963, by Senators Kaminsky and 

16   Flanagan, and read the entire resolution.

17                ACTING PRESIDENT AKSHAR:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 1963, by Senators Kaminsky and 

21   Flanagan, mourning the death of Steven McDonald, 

22   heroic police officer who championed forgiveness.

23                "WHEREAS, It is the custom of this 

24   Legislative Body to acknowledge the 

25   accomplishments of individuals of remarkable 


                                                               3335

 1   integrity and character whose life inspired and 

 2   enriched the lives of their family and friends; 

 3   and 

 4                "WHEREAS, Steven McDonald lived his 

 5   life with great dignity and genuine grace, always 

 6   demonstrating a deep and continuing concern for 

 7   the welfare of others in the great State of 

 8   New York; and 

 9                "WHEREAS, Steven McDonald, of 

10   Malverne, New York, died on Tuesday, January 10, 

11   2017, at the age of 59; and 

12                "WHEREAS, Within every community of 

13   the State of New York there are certain 

14   individuals who, by virtue of their commitment  

15   and dedication, command the respect and 

16   admiration of their community for their exemplary 

17   contributions and service on behalf of others; 

18   and 

19                "WHEREAS, A native of Queens 

20   Village, New York, Steven McDonald was born on 

21   March 1, 1957, to David and Anita McDonald; he 

22   and his seven siblings grew up in 

23   Rockville Centre on Long Island; and 

24                "WHEREAS, Steven McDonald proudly 

25   served his country as a medical corpsman in the 


                                                               3336

 1   United States Navy; after his discharge, he 

 2   followed in both his father and grandfather's 

 3   footsteps and joined the New York City Police 

 4   Department; and 

 5                "WHEREAS, On July 12, 1986, Officer 

 6   Steven McDonald and his partner were on patrol 

 7   when they stopped three young boys at the 

 8   northern end of Central Park; seconds after he 

 9   began speaking, one of them, only 15 years old, 

10   shot him three times, leaving him paralyzed from 

11   the neck down; and 

12                "WHEREAS, Officer Steven McDonald, 

13   with a simple three-word statement in the 

14   aftermath of this tragedy, became a symbol of his 

15   Christian faith by stating 'I forgive him'; and 

16                "WHEREAS, Today, Steven McDonald's 

17   son, Conor, who was born six months after the 

18   shooting, is a sergeant with the New York Police 

19   Department and represents the fourth generation 

20   of the family to serve in the department; and 

21                "WHEREAS, The tragic shooting gained 

22   a great deal of publicity due to the extent of 

23   Officer Steven McDonald's injuries, the young age 

24   of the gunman, and the heartlessness of the act; 

25   and 


                                                               3337

 1                "WHEREAS, Even though he was 

 2   paralyzed, Steven McDonald chose to continue to 

 3   make a difference in people's lives; many times, 

 4   he appeared at roll calls and offered support and 

 5   empathy for his fellow wounded officers; and 

 6                "WHEREAS, In the summer of 1988, 

 7   Steven McDonald sent stamps and a box of 

 8   stationery to the shooter in prison, along with a 

 9   note saying 'Let's carry on a dialogue'; he later 

10   met with the boy's mother, and also attended 

11   services at a Baptist church in Harlem with the 

12   boy's grandmother; and 

13                "WHEREAS, Steven McDonald, who was 

14   able to speak, albeit haltingly, and breathe with 

15   the help of a respirator, made many public  

16   appearances over the years, telling of his faith 

17   as a Roman Catholic and believing if people 

18   wanted forgiveness, they had to show it to 

19   others; and 

20                "WHEREAS, Never letting his 

21   paralysis stop him from living a happy and 

22   fulfilled life, Steven McDonald appeared at 

23   numerous events to speak of the joys in his life, 

24   and support others who have courageously overcome 

25   their disabilities; and 


                                                               3338

 1                "WHEREAS, Steven McDonald told of 

 2   his struggle to cope in a book titled The Steven 

 3   McDonald Story, written by his wife and writer E. 

 4   J. Kahn III; citing the support he received from 

 5   fellow police officers, as well as the religious 

 6   and business communities, Steven wrote 'there is 

 7   more love in this city than there are street 

 8   corners'; and 

 9                "WHEREAS, Steven McDonald's 

10   compassion and courage also touched the New York 

11   sports scene; Mets relief pitcher Jesse Orosco 

12   gave him the glove he was wearing when he got the 

13   final out in the team's 1986 World Series victory 

14   over the Boston Red Sox, and he appeared on the 

15   ice at Madison Square Garden annually to present 

16   the Rangers' Steven McDonald Extra Effort Award 

17   to a player who had demonstrated special grit; 

18   and 

19                "WHEREAS, Throughout his meritorious 

20   life, Steven McDonald touched the lives of 

21   numerous people, not only in New York, but around 

22   the world; he chose to forgive his assailant, 

23   hoped for the youth's redemption, and remained in 

24   the public eye for his spirit in the face of 

25   adversity; and 


                                                               3339

 1                "WHEREAS, Predeceased by his mother 

 2   Anita McDonald, Steven McDonald is survived by 

 3   his proud father, David McDonald; his loving 

 4   wife, Patricia Ann Norris-McDonald; and his 

 5   cherished son, Conor McDonald; and 

 6                "WHEREAS, The funeral for Steven 

 7   McDonald was held on Friday, January 13, 2017, at 

 8   St. Patrick's Cathedral in New York City; 

 9   thousands of mourners were in attendance to pay 

10   tribute to this hero, including Mayor de Blasio, 

11   NYPD Commissioner Bratton, the NYPD Emerald 

12   Society, and other top police officials; 

13   5th Avenue was closed to allow mourners to gather 

14   and to hold a procession; and 

15                "WHEREAS, A devoted father and 

16   husband, respected as a pillar of the community, 

17   Steven McDonald's name is synonymous with 

18   character, dignity, intellect, depth and humor, 

19   qualities evident to his family and to all those 

20   who were fortunate enough to have known him; he 

21   will be deeply missed and truly merits the 

22   grateful tribute of this Legislative Body; now, 

23   therefore, be it 

24                "RESOLVED, That this Legislative 

25   Body pause in its deliberations to mourn the 


                                                               3340

 1   death of Steven McDonald, heroic police officer 

 2   who championed forgiveness; and be it further 

 3                "RESOLVED, That a copy of this 

 4   resolution, suitably engrossed, be transmitted to 

 5   the family of Steven McDonald."

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Flanagan.

 8                SENATOR FLANAGAN:   Thank you, 

 9   Mr. President.

10                Every now and then we get to realize 

11   how special the work is that we do, the place 

12   where we work, the people that we associate with, 

13   whether you're a Democrat or a Republican, New 

14   York State Assembly or New York State Senate.  

15                So here we have the perfect balance.  

16   And let me start by giving a big fat New York 

17   warm welcome to the McDonald family, all the 

18   friends and family.  It's absolutely wonderful, 

19   wonderful to have you here today.

20                I'm in awe by your presence.  I'm in 

21   awe by listening to a resolution like this.  And 

22   many of our colleagues know most of our 

23   resolutions are not this long and not that 

24   chock-filled with a life well-lived.

25                So I thought of one thing as I was 


                                                               3341

 1   sitting here wondering, okay, what do I want to 

 2   say.  From my father I learned -- my favorite 

 3   movie still is It's a Wonderful Life.  And 

 4   Clarence, who plays the guardian angel, writes in 

 5   the book:  "No man is a failure in life if he has 

 6   friends.  So not only was your husband a hero and 

 7   a fantastic role model, but my goodness, he had 

 8   so many friends.  

 9                And now I want to turn just a little 

10   bit, because this is an incredibly good lesson in 

11   civics, in government, protocol, and how to do 

12   things the right way.  Senator Ritchie has a 

13   group from the Granby Elementary School here 

14   today.  

15                So, boys and girls, you are getting 

16   a chance to be part of history, and you're 

17   actually getting to listen to a story and a 

18   biography of a real genuine hero.  

19                Conor, thank you for the service 

20   that you do and to all of your colleagues in the 

21   police department.

22                I don't feel like I can call you 

23   Patti.  Mayor, it's great to have you here.  

24                I watched -- I had the opportunity 

25   to attend Officer McDonald's wake.  I've never 


                                                               3342

 1   seen anything like it.  Never seen anything like 

 2   it.  There were at least 5,000 people there.  

 3   That was in the afternoon.  This was a two-day 

 4   wake.  And I had been speaking to Lou Matarazzo, 

 5   who told me the night before that Patti stayed 

 6   till after 11 o'clock so she could talk to 

 7   everybody that was there.

 8                But it was also a really good 

 9   reminder because of what's written in here, where 

10   Officer McDonald said "There's more love in this 

11   city than there are street corners."  I've always 

12   been impressed by and respect how the New York 

13   City Police Department is family.  Forever.  

14   Forever.  That never goes away, and thank God.

15                When I read about Officer 

16   McDonald -- and I've thought about this many 

17   times in my own adult life -- I don't know if I 

18   could go do what he did.  I still think about 

19   that all the time, to be able to be that strong 

20   in your faith and say I forgive, and I hope you 

21   can find some sense and purpose in your life -- 

22   that is just so incredibly awe-inspiring and 

23   humbling.  And it makes me think of myself as a 

24   person, how to be a better person from learning 

25   from people like your late husband.


                                                               3343

 1                Lastly, it's pretty cool to meet the 

 2   Pope, Barbara Walters, you know, Nelson Mandela, 

 3   get the World Series glove.  But I was also 

 4   impressed because Officer McDonald came to Albany 

 5   and lobbied.  And he was a real force and 

 6   presence.  Somebody like that comes up, 

 7   particularly given his physical situation, you 

 8   pay attention.  You listen, and you hang on every 

 9   word.  

10                So he has been a role model in so 

11   many different ways.  I'm humbled to be amongst 

12   all of us today, but in particular the McDonald 

13   family.  Your husband was a truly great man, and 

14   we owe him an eternal debt of gratitude.  And you 

15   know we're going to be doing a special piece of 

16   legislation after this, which we'll come back to, 

17   which any New Yorker can appreciate.  

18                But thank you for sharing him with 

19   us, and thank you for making this a very special 

20   day to our students and the great people of the 

21   State of New York.

22                Thank you, Mr. President.

23                ACTING PRESIDENT AKSHAR:   Thank 

24   you, Senator Flanagan.

25                Senator Kaminsky.


                                                               3344

 1                SENATOR KAMINSKY:   Thank you, 

 2   Mr. President.

 3                The legacy of Steven McDonald is 

 4   certainly a reminder of the sacrifices that 

 5   police make every day when they put on the 

 6   uniform.  But his legacy is also something more, 

 7   something that reminds us about the possibility 

 8   of the enduring human spirit, about the goodness 

 9   of being alive and of living your life to the 

10   fullest, and the courage to do so.  It also is a 

11   reminder about the possibilities of love and 

12   opening your heart.

13                Three gunshots in 1986.  Those three 

14   gunshots changed New York forever.  They 

15   certainly changed the McDonald family.  No one 

16   has ever had their courage tested more than 

17   Steven McDonald, both before that moment, during 

18   that moment, and after.  How would all of us have 

19   reacted, waking up in the hospital and learning 

20   about our physical situation?  It would have been 

21   no fault of his own had Steven McDonald decided 

22   to live a more private and quiet life, faded away 

23   just a bit.  He certainly still would have been a 

24   true hero, and his service would have mattered a 

25   great deal.  


                                                               3345

 1                But Steven McDonald rose up.  Steven 

 2   McDonald from his wheelchair did more in his 

 3   lifetime that most able-bodied people can do with 

 4   all the advantages in a number of lifetimes.  

 5                When Steven was once asked what his 

 6   purpose was and what he was doing, this is what 

 7   he said:  "My simple understanding is that God 

 8   has asked me to be a witness, to do his will in 

 9   this world, and I think that's my life."  And 

10   boy, was it.

11                Steven McDonald helped bind up a 

12   city that needed binding, both during the 

13   difficult times in which he was an officer in the 

14   late '80s and early '90s, but I think just as 

15   importantly, after 9/11 and beyond.  New York has 

16   not succumbed to division the same way other 

17   cities have, and I would posit today much of that 

18   is because of the legacy and the work of 

19   Steven McDonald.  

20                His message of forgiveness and 

21   togetherness was so powerful.  He became a vessel 

22   of possibility, not of cynicism; a vessel of 

23   forgiveness, not hardheartedness; a vessel of 

24   love, not of hate; and a vessel of unity, not 

25   division.


                                                               3346

 1                When Steven McDonald went down to a 

 2   precinct to address a roll call, officers never 

 3   forgot that moment.  And families who found 

 4   themselves in difficult situations after 

 5   injuries or worse clinged to Steven and his 

 6   family for the support and hope they gave.  He 

 7   was there for everyone.  He was there for all 

 8   New Yorkers.  

 9                And on Long Island where I'm from, 

10   there was no one bigger, there was no one more 

11   important, and there was no one whose presence at 

12   any event mattered.  Because when you saw Steven 

13   McDonald, you said to yourself, I can be better.  

14   You said to yourself, Wow, if Steven McDonald can 

15   do this, can't we all live in a better world, a 

16   better place, a better society.  And everyone did 

17   better after seeing Steven McDonald.

18                They say in our lifetimes we may get 

19   to meet maybe one or two truly great men.  I 

20   don't know how many I'll get to meet, but I've 

21   certainly met one, and that was Detective Steven 

22   McDonald.  Rising as he did after all he went 

23   through to be the symbol that he was, there will 

24   never be anyone like him in New York City -- a 

25   true prince of the city, a true prince of 


                                                               3347

 1   Long Island.  

 2                And in recognition of that, we have 

 3   a large family here today.  Not just the McDonald 

 4   family, but the NYPD family and the greater Long 

 5   Island community as well.  And if you can indulge 

 6   me and allow me to announce some of them.  

 7                First is Mayor Patti Ann McDonald.  

 8   The community of Malverne that she represents, 

 9   Patti is a true embodiment of that.  It's such a 

10   strong, united community where basically 

11   everything goes right most of the time -- and if 

12   not, Patti sets it right.  And she really is a 

13   great leader and, once again, really represents 

14   that spirit of Steven.  After all they've gone 

15   through, to lead a village the way she has with 

16   such success is amazing.  And I'd like Mayor 

17   McDonald to please stand.

18                (Extended standing ovation.)

19                SENATOR KAMINSKY:   To Conor 

20   McDonald, who I've gotten to know, who lives in 

21   my community and is going to be moving full-time 

22   to my community -- 

23                (Laughter.)

24                SENATOR KAMINSKY:   It's okay.  

25   Everyone needs to save money.  


                                                               3348

 1                (Laughter.)

 2                SENATOR KAMINSKY:   A 

 3   fourth-generation police officer, what else is 

 4   there to say?  I know his father could not have 

 5   been prouder.  And every day he puts on that 

 6   shield representing the best of what it means to 

 7   be a New Yorker.  

 8                I know you've gone through so much, 

 9   Conor, and your strength is something that we all 

10   appreciate and recognize.  Thank you so much, 

11   Conor.  Thank you for everything.

12                (Applause.)

13                SENATOR KAMINSKY:   Detective 

14   McDonald's sisters Theresa Wadkins, Patricia 

15   Gallagher, and Clare McDonnell are here.  And 

16   also Patti Ann's mother, Sheila Norris, is here.  

17   Good to see you, Sheila.  

18                And we also have a large NYPD family 

19   and Greater Long Island family here today.  Many 

20   of them are in the gallery or on the floor as 

21   well.  Deputy Chief Tom Burns is here, 

22   representing Commissioner James O'Neill.  From 

23   that unit we also have Lieutenant Lott, 

24   Detective Jones, and Lieutenant McCaffrey.  And 

25   thank you, Assistant Chief Chaplain Monsignor 


                                                               3349

 1   Romano.  

 2                We also have, from the Detectives' 

 3   Endowment Association, Michael Palladino, along 

 4   with Karen Pakstis, Brian Hunt, Pat Donohue and 

 5   Brian Maguire and Sam Miller.  

 6                From the Malverne Police family we 

 7   have Chief Aresta here and we have sergeants 

 8   Martini and Winters here.  And thank you, thank 

 9   you for your service.  

10                We also have, from the NYPD, we have 

11   many drivers who throughout the years drove 

12   Detective McDonald and got to be part of the 

13   McDonald family.  And it means so much that they 

14   are here today as well, including Police Officer 

15   Patrick Fanning, Detective Andy Cserenyi, 

16   Lieutenant Pizzo, as well as Officer McGuinness.

17                We also are proud to have here the 

18   mayor of Rockville Centre, Fran Murray.  Thank 

19   you for being here, Mayor.  

20                In the end I just want to say that I 

21   was fortunate enough to be among the people who 

22   were allowed to be in the church of the day of 

23   the funeral.  It was actually the most moving 

24   thing I've ever been a part of.  And I happened 

25   to be next to somebody who's here today from 


                                                               3350

 1   Malverne who grabbed my hand during the service 

 2   and looked at me and said, "We're all Catholic 

 3   today."  And I agree with him.  

 4                It was the most moving thing I'd 

 5   seen.  And I said to myself -- and the Majority 

 6   Leader and I talked about this, that we wanted 

 7   all of New York to get to be in that church that 

 8   day.  We wanted representatives from Buffalo and 

 9   from Syracuse, from Rochester and from Harlem all 

10   to be able to get a little bit of what that 

11   united New York spirit was that was so 

12   wonderfully captured on that day by New York 

13   Ranger Adam Graves.  

14                And you can't talk about the 

15   McDonalds without talking about the Rangers.  His 

16   love for them was -- and their love for him -- 

17   was something that was amazing.  

18                And the speakers that day were just 

19   eloquent.  And that spirit of togetherness in 

20   New York was something I'll never forget.  The 

21   Majority Leader and I wanted to bring that today, 

22   and we're so glad that the state could recognize 

23   the awesome and honest sacrifices the McDonalds 

24   made not just for New York, as the monsignor 

25   said, but for all of us and for all of America.  


                                                               3351

 1   And for that we are grateful.  

 2                And I ask you, Mr. President, to 

 3   please welcome the McDonald and greater NYPD 

 4   family with the greatest of courtesies that you 

 5   can.  Thank you.

 6                ACTING PRESIDENT AKSHAR:   Thank 

 7   you, Senator Kaminsky.

 8                Senator Golden.

 9                SENATOR GOLDEN:   Thank you, 

10   Mr. President.

11                I rise for a great family.  You guys 

12   have really been great.  I've never seen a family 

13   like yours that worked so hard to accomplish what 

14   Steven had set out to do.

15                You know, Steven is in good place.  

16   His heart is in this room and each and every one 

17   of you -- and some of my colleagues may not 

18   believe it, but each and every one of them as 

19   well.  Steven made a difference and continues to 

20   make a difference.

21                I want to thank Chief Burns for his 

22   great work.  His office is responsible for those 

23   that go down, our men and women in blue.  And 

24   they're out there to support them and to make 

25   sure that they get through tough times.  Chief 


                                                               3352

 1   Burns has been with the McDonald family a long 

 2   time, and they're never leaving.  As Leader 

 3   Flanagan pointed out, we never forget.  And we 

 4   never will.

 5                I want to thank my friend Chief 

 6   Monsignor Romano, the department chaplain and the 

 7   pastor of Our Lady of Guadalupe, for his service 

 8   to the men and women of the NYPD, and for his 

 9   invocation here this afternoon.

10                I know the monsignor was a good 

11   friend of Steve and Patti and Conor, like 

12   everyone in this chamber this afternoon.  

13                It is a mix of sad emotions, but 

14   it's also a celebration of a life well-lived.  

15   There are no words to adequately describe 

16   Detective Steven McDonald and his remarkable 

17   life.  Bullets that should have killed him did 

18   not end his life.  A wheelchair meant to confine 

19   him did not stop him from many years of being an 

20   inspiration to the nation's finest police 

21   department and, for that matter, for all 

22   New Yorkers.  

23                He knew adversity, but we knew his 

24   tenacity, his selflessness, his charity, his hope 

25   and his forgiveness.  Steven was a man of great 


                                                               3353

 1   faith.  Monsignor Romano can attest to that.  So 

 2   can his family and anybody that knew him and 

 3   anybody that came in contact with him.  He was 

 4   definitely a man of God.

 5                Steven loved the department, and he 

 6   regularly traveled to precincts and to hospitals 

 7   around the City of New York.  Whenever an officer 

 8   went down, you would see Steven McDonald.  SOD 

 9   and Chief Burns and his office would set up, make 

10   sure there were capabilities for Steven to get in 

11   and out of those hospitals and in and out of 

12   those settings in his wheelchair, making sure 

13   that he supported the men and women in blue.

14                And some of our men -- obviously 

15   he's been to not only a number of hospitals, but 

16   you couldn't count the number of funerals that 

17   Steven McDonald showed up to.  

18                I would see Steven at countless 

19   events, and he always greeted you with a smile 

20   and greeted me with a smile.  Patti, you have 

21   given so much over the years, Patti, with your 

22   husband and son.  Although you do not wear the 

23   uniform, you're emblematic of the police motto:  

24   Protect and serve.

25                Conor, as a former police officer I 


                                                               3354

 1   know how proud your father had to be when you got 

 2   sworn in on that day.  You made him proud, you 

 3   make us proud.  All of you do.  Thank you, God 

 4   bless you.  God bless Steven.  And God bless the 

 5   great country of the United States of America.

 6                Thank you.

 7                ACTING PRESIDENT AKSHAR:   Thank 

 8   you, Senator Golden.

 9                Senator Stewart-Cousins.

10                SENATOR STEWART-COUSINS:   Thank 

11   you, Mr. President.

12                I rise to honor the legacy and the 

13   memory of Detective Steven McDonald and to 

14   welcome you, certainly on behalf of our 

15   conference, to the chamber.  And to thank, 

16   obviously, Senator Flanagan and Senator Kaminsky 

17   for making sure this day happened.

18                I was privileged to have met Steven 

19   McDonald before his untimely transition.  And 

20   every time you were in a place where he was, 

21   everything parted, because he had a presence that 

22   said stop, be quiet, there's good work to be 

23   done.  I didn't do anything but shake his hand 

24   because I, like everybody else, just got out of 

25   the way.  Because the work that he came to do was 


                                                               3355

 1   bigger than anything that we were doing.

 2                And when Senator Kaminsky asked me 

 3   to join him that day where he was laid to rest -- 

 4   we were separated, and that's why he was sitting 

 5   next to a person from Malverne.  We weren't 

 6   sitting together.  But in that great cathedral, 

 7   nobody was separated, because we were all brought 

 8   together to celebrate, to commemorate, to exalt 

 9   the legacy of a hero.

10                So when Senator Flanagan says 

11   usually the resolutions are not that long, they 

12   are really only that long when we're celebrating 

13   the life of someone that we all knew and that we 

14   all have had certified and checked as being a 

15   bona fide hero.  So guess what?  Here in this 

16   chamber on this great day, in the presence of 

17   children and law enforcement and elected 

18   officials and in the presence of the mayor of 

19   Malverne and all who understand what heroes are 

20   about, Detective Steven McDonald has been checked 

21   and certified and welcomed into the long 

22   resolution of the heroes of New York State.

23                Thank you so much for being here.

24                ACTING PRESIDENT AKSHAR:   Thank 

25   you, Senator Stewart-Cousins.


                                                               3356

 1                Senator Serrano.

 2                SENATOR SERRANO:   Thank you, 

 3   Mr. President.

 4                I would like to express my sincere 

 5   condolences to the McDonald family.  And I would 

 6   like to thank Senator Kaminsky and Senator 

 7   Flanagan and all of my colleagues for this really 

 8   important and wonderful resolution.  

 9                I was listening to the text, and I 

10   couldn't help but be somewhat overwhelmed at 

11   listening in its entirety and listening to this 

12   amazing story of this incredible human being, a 

13   person who comes from a legacy of service to our 

14   communities.  I'm sure he never intended to be a 

15   hero, but he intended to protect the lives of 

16   New Yorkers, and he did that.

17                Amazingly, after what he went 

18   through -- and I'm old enough to remember this 

19   story.  I grew up in the '70s in the South Bronx, 

20   and I represent the South Bronx and East Harlem 

21   and other neighborhoods, and I understand the 

22   challenges that we've faced over the years.  

23                Amazingly, after the ordeal in 1986, 

24   Detective McDonald, instead of becoming bitter 

25   and angry, as many of us I think would be 


                                                               3357

 1   inclined to do, instead he continued to open his 

 2   heart and never lost faith in the communities 

 3   that he patrolled, never lost faith in the 

 4   people.  He showed without a shadow of a doubt 

 5   that even though we've been taught in our lives 

 6   that strength is maybe as hard as we can hit or 

 7   as much as we can impose, he proved something 

 8   that is so important -- and that is there is 

 9   nothing more powerful in this world and in our 

10   lives than love and forgiveness.

11                And in his example of love and 

12   forgiveness, he in many ways changed the world.  

13   And he did so in a way that was tireless, and he 

14   worked so hard to achieve that.

15                And I'll leave you with this one 

16   little tidbit.  My wife and I are raising two 

17   young children; my son just turned 11 last week, 

18   my daughter is five years old.  I remember when 

19   my son was about five, we walked into a diner and 

20   there were two police officers, NYPD, by the 

21   counter.  And my son seemed a little nervous 

22   because he saw the uniforms and the sidearms.  

23                And I told him, I said, "Don't be 

24   afraid.  Say hi."  And he did.  And the police 

25   officers were so gracious and talked to my son.  


                                                               3358

 1   And I told him, I said, "Never be afraid.  These 

 2   folks are willing to lay down their life for 

 3   you."  

 4                And it was such an important story 

 5   that I wanted him to get at a young age, to 

 6   understand what police officers do.  Not just in 

 7   New York City but everywhere, they are willing to 

 8   protect you at all costs.

 9                So I want to thank the McDonald 

10   family for all that they've done and their 

11   continued legacy of service in this very 

12   important resolution.

13                Thank you.

14                ACTING PRESIDENT AKSHAR:   Thank 

15   you, Senator Serrano.  

16                Senator Díaz.

17                SENATOR DÍAZ:   Thank you, 

18   Mr. President.

19                I would like to join my colleagues 

20   in expressing their feelings toward the loss of 

21   Police Officer Steven McDonald.  I never knew 

22   Mr. McDonald.  I never spoke with him.  I know 

23   about him because I saw everything in the news, I 

24   read the papers.  

25                And I -- what do I know?  I know 


                                                               3359

 1   that I have a daughter who served for 20 years in 

 2   the police department.  She retired after 

 3   20 years, Sergeant Damaris Díaz.  What do I know?  

 4   As a father, I know how strained it is for a 

 5   family when you have somebody serving in the 

 6   police department nowadays, especially nowadays, 

 7   when there is a political correctness.  When 

 8   we're taking away every authority, every power 

 9   from the police officers, we are sending them 

10   there to sometimes be subject to abuse and 

11   whatever.  Just today, I'm seeing in the news 

12   someone with a hammer hammering a police officer.

13                So when there's a tragedy, we all 

14   get together and we all say good things about the 

15   police, the family of the police officer.  Today 

16   we have, for this resolution, every single 

17   Senator is here.  The leaders of the conferences 

18   are here.  Everyone is united today in this 

19   resolution.  But when it comes to give authority 

20   to the police, then we are not united.  Then we 

21   are trying to be some kind of political 

22   correctness.  

23                And we have the family of Police 

24   Officer McDonald.  I know how they're feeling.  

25                But I was praying for 20 years, 


                                                               3360

 1   every time that my daughter used to go, I was 

 2   praying for her for 20 years until she retired, 

 3   because I know how it is.  You've got to be a 

 4   father, you've got to be a wife, you've got to be 

 5   children, a son or a daughter, you got to be a 

 6   mother, you have to be related to a police 

 7   officer so you will know exactly how it feels, 

 8   especially when you see they've been mistreated 

 9   and abused in the media, and we are sometimes 

10   voting and doing things to take away their 

11   authority.

12                So today we have here Lou Matarazzo.  

13   Lou Matarazzo, I know him for many years.  I know 

14   Michael Palladino.  And I know Chaplain Romano.  

15   Ladies and gentlemen, damas y caballeros, I'm 

16   going to tell you something about that unit in 

17   the police department that nobody speaks about, 

18   but they -- it's a unit there.  They call it the 

19   chaplain's unit.  

20                Chief Chaplain Romano and that unit, 

21   ask them, go and interview them in the press how 

22   many times they are called.  Because if there is 

23   a tragedy, the chaplain's unit goes there.  If 

24   there is a fight, a domestic dispute, the 

25   chaplain's unit goes there.  If there is a 


                                                               3361

 1   whatever -- whatever it is, the first one that 

 2   goes, the first one that is there, the first one 

 3   they call is the chaplain's unit.  

 4                Nobody -- nobody -- no one knows, 

 5   nobody talks about them.  But the chaplain's 

 6   unit, I mean how many times they have been called 

 7   to go because a police officer has been shot.  

 8   They're the first ones, boom, in the hospital 

 9   with the mayor, whoever at that time it is, and 

10   with the police commissioner.  That chaplain's 

11   unit, no one talks about it.  But that chaplain's 

12   unit has gone through every single tragedy, every 

13   single incident that police officers have.

14                So today I'm calling -- I'm 

15   saying -- I'm joining Senator Flanagan and the 

16   promoters of this resolution, but I also would 

17   like to see that we join together to end this 

18   political correctness with the police department 

19   and give them authority, because now nobody 

20   respects them anymore.  No one respects them 

21   anymore.  I mean, it's like -- it's like -- it's 

22   like -- I'm a Puerto Rican with broken English, 

23   but I know how to respect the police officers.  

24   I'm a Senator.  Last night, the night before 

25   last, I was stopped here, put my hands in the -- 


                                                               3362

 1   on the wheel.  It was at night.  I put the inside 

 2   lights on, put my hands on -- yes, Officer.  Yes, 

 3   Officer.  Okay.  

 4                Respect the police department.  And 

 5   that's what we -- that's what we're supposed to 

 6   be doing, not taking away power from police 

 7   officers that they cannot even do their job.

 8                So today I'm here to join them and 

 9   to tell the McDonald family here we're sorry.  

10   But how many times -- how many times we're going 

11   say we're sorry?  Every time a police officer 

12   comes.  Every time.  It's like -- like -- and 

13   we -- and we -- and we feel that it is enough by 

14   saying we're sorry.  And ladies and gentlemen, 

15   it's not enough.  You want to say we're sorry?  

16   Let's start making laws, end this thing.  

17                And the only way that we could say 

18   we're really sorry and we really appreciate the 

19   work of the police department and that we really 

20   do is let's make some laws to give them back 

21   their authority.  And then we can say we're 

22   sorry, and then we can end it.  Because when we 

23   start being politically correct, look at how many 

24   police officers have died.  So we became 

25   politically correct.


                                                               3363

 1                So, Mr. President, thank you for 

 2   this opportunity to the McDonald family.  Let me 

 3   say myself I'm sorry.  There is nothing else we 

 4   can say now.  But we could prevent other 

 5   McDonalds, other tragedies.

 6                Thank you very much.  

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   Díaz, thank you.  

 9                Senator Bailey.

10                SENATOR BAILEY:   I first want to 

11   thank Senators Flanagan and Kaminsky for bringing 

12   this resolution to the floor -- for not only 

13   bringing this resolution to the floor, but for 

14   your heartfelt words that are truly resonating.  

15                Much like Senator Serrano said, I 

16   was moved by not only the speeches of my 

17   colleagues, but when the Secretary read the 

18   resolution in full, you think about public 

19   service and what it means to be a public servant.  

20   And we all serve the public in certain 

21   capacities, us in this house and in the Assembly 

22   and various commissions and agencies throughout 

23   the state.

24                But there are certain public 

25   servants who have more of an inherent risk of 


                                                               3364

 1   danger than others, certain professions which 

 2   it's fifty-fifty whether you're coming home or 

 3   not.  And I could not imagine getting that call.  

 4   In 1986, I was four years old.  I don't recall 

 5   the story.  But as I've gotten older and I've 

 6   heard the name and the legacy of Mr. Steven 

 7   McDonald, I've heard about it.  But I cannot 

 8   imagine getting that call to say that your 

 9   husband has been shot three times.

10                What I also can't imagine is that -- 

11   the forgiveness aspect.  Forgiveness is very easy 

12   to say, it's not a multisyllabic word, but it's 

13   very hard to do.  

14                And to the McDonald family, when 

15   you're a public servant, your family also serves 

16   with you.  Conor, you've followed in his 

17   footprints quite ably, and thank you for your 

18   service currently.  But as you know, in our lives 

19   our families serve with us to some degree.  When 

20   he was harmed, you were harmed.  But when he 

21   forgave, you also forgave.  And that takes a lot.  

22                It was once said, by somebody way 

23   smarter than I am, To err is human, to forgive is 

24   divine.  His forgiveness was truly divine.  He 

25   has ascended to a place of great divinity.  And 


                                                               3365

 1   we thank you for his service and his time on this 

 2   planet.  

 3                God bless you all.

 4                ACTING PRESIDENT AKSHAR:   Thank 

 5   you, Senator Bailey.

 6                Senator Hamilton.

 7                SENATOR HAMILTON:   I rise, 

 8   Mr. President, to pay respects to the McDonald 

 9   family.  Steven did a lot for our city.  

10                Many men in my family serve in the 

11   NYPD.  They put their lives on the line every day 

12   to protect us.  I've had the opportunity to have 

13   my nephew here today from the Color Guard, Kyle, 

14   who is putting his life on the line every day.

15                So I understand what it takes, and 

16   the fear when our young men, my family members go 

17   out to protect their city.  Just recently a young 

18   officer was dragged for two blocks.  I can't even 

19   imagine how his family is feeling right now.

20                So I just want to say to the 

21   McDonald family, to Senator Todd Kaminsky and 

22   everyone here that God bless our men in black and 

23   blue.

24                Thanks so much.  Thank you.  

25                ACTING PRESIDENT AKSHAR:   Seeing no 


                                                               3366

 1   other members wishing to be heard, I would offer 

 2   that outside of the United States military, being 

 3   a member of law enforcement is one of the most 

 4   noblest professions on the face of this earth.

 5                So to Mayor Patti, to Conor, your 

 6   friends and family who are with us today, the 

 7   members of the NYPD that are with us today -- the 

 8   greatest police department on the face of this 

 9   earth -- on behalf of everyone in this room, I 

10   say thank you.  Thank you for sharing Steven with 

11   the people of the City of New York and the people 

12   of this great state -- a community hero in the 

13   truest sense, a man that will clearly be missed 

14   by so many.  

15                On behalf of everyone in this room, 

16   we extend every courtesy and every privilege that 

17   this house could possibly give.

18                Ladies and gentlemen, please rise.

19                (Extended standing ovation.)

20                ACTING PRESIDENT AKSHAR:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   Can we please 

23   go to the noncontroversial calendar and take up 

24   Calendar Number 1504, please.

25                ACTING PRESIDENT AKSHAR:   The 


                                                               3367

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   1504, by Senator Flanagan, Senate Print 6549, an 

 4   act to amend the Highway Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect on the 30th day.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Flanagan to explain his vote.

14                SENATOR FLANAGAN:   Thank you, 

15   Mr. President.

16                So I have just a basic reflection on 

17   this piece of legislation, and anyone who's from 

18   Long Island can appreciate this.  But we are 

19   memorializing Officer McDonald's --

20                SENATOR DeFRANCISCO:    

21   Mr. President, could you just ask that we have 

22   order just for a moment while this bill is 

23   explained and Senator Flanagan's explaining his 

24   vote, please.

25                ACTING PRESIDENT AKSHAR:   If 


                                                               3368

 1   everyone in the house could please just take 

 2   their seats until we conclude with this 

 3   particular bill, that would be much appreciated.

 4                SENATOR DeFRANCISCO:   Thank you.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Flanagan.

 7                SENATOR FLANAGAN:   Thank you, 

 8   Mr. President.  Thank you, Senator DeFrancisco.

 9                So this -- now we're in the meat and 

10   potatoes of government.  We're passing 

11   legislation that is now going to rename portions 

12   of the Southern State Parkway.  And I don't care 

13   where you live in New York, everybody understands 

14   traffic.  And everyone understands where you can 

15   see somebody's name in dedication, and that's 

16   fantastic.

17                And Patti, I'm going to just put 

18   this in a light vein.  And Monsignor, I need you 

19   to listen too.  Since we're renaming a 

20   considerable stretch of the Southern State, when 

21   you are having your own conversations with your 

22   husband and the monsignor is praying, I'm only 

23   asking one thing.  If he can just do something 

24   about the traffic -- 

25                (Laughter.)


                                                               3369

 1                SENATOR FLANAGAN:   -- it will have 

 2   all been worth it.  

 3                So congratulations to you and your 

 4   family again.  Thank you.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Kaminsky to explain his vote.

 7                SENATOR KAMINSKY:   Thank you so 

 8   much.  

 9                In light of what we talked about 

10   before with our young people being here today, we 

11   have the opportunity now to name a major stretch 

12   of the Southern State Parkway through Nassau 

13   County after Detective McDonald.  Future 

14   generations, generations and generations, will 

15   hopefully have the opportunity to say, Mommy, 

16   Daddy, who is Steven McDonald?  And their answer 

17   about his life and what true heroics and courage 

18   meant will do so much to educate our future 

19   citizenry.  

20                I look forward to driving to 

21   Exit 17S or 17N, depending on the direction you 

22   come into Malverne, and I hope we could all make 

23   that the Steven McDonald Memorial Highway.  

24                Thank you, Mr. President.

25                (Applause.)


                                                               3370

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the result.

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                (Extended standing ovation.)

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   DeFrancisco.

 9                SENATOR DeFRANCISCO:   Could we go 

10   back to motions and resolutions, please.

11                ACTING PRESIDENT AKSHAR:   Motions 

12   and resolutions.

13                SENATOR DeFRANCISCO:   On page 98, I 

14   offer the following amendments to Calendar 1458, 

15   Senate Print 3991, a bill by Senator Murphy, and 

16   ask that said bill retain its place on the 

17   Third Reading Calendar.

18                ACTING PRESIDENT AKSHAR:   The 

19   amendments are received, and the bill shall 

20   retain its place on the Third Reading Calendar.

21                SENATOR DeFRANCISCO:   On behalf of 

22   Senator Phillips, please remove a sponsor star on 

23   Calendar 627.

24                ACTING PRESIDENT AKSHAR:   So 

25   ordered.


                                                               3371

 1                SENATOR DeFRANCISCO:   Could you 

 2   please recognize Senator Valesky.

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   Valesky.

 5                SENATOR VALESKY:   Thank you, 

 6   Mr. President.

 7                On behalf of Senator Hamilton, on 

 8   page 88 I offer the following amendments to 

 9   Calendar 1349, Senate Bill 3758, and ask that 

10   said bill retain its place on the Third Reading 

11   Calendar.

12                ACTING PRESIDENT AKSHAR:   The 

13   amendments are received, and the bill shall 

14   retain its place on the Third Reading Calendar.

15                SENATOR VALESKY:   Also on behalf of 

16   Senator Hamilton, I move that Bill 5771 be 

17   discharged from its respective committee and be 

18   recommitted, with instructions to strike the 

19   enacting clause.

20                ACTING PRESIDENT AKSHAR:   So 

21   ordered.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Yes.  I'm not 

24   sure if we did it, but if we didn't, I'd like to 

25   make sure that everybody in the chamber is on as 


                                                               3372

 1   a cosponsor to the McDonald resolution unless 

 2   they ask otherwise.

 3                ACTING PRESIDENT AKSHAR:   The 

 4   Flanagan and Kaminsky resolution is -- everyone 

 5   will be put on that particular resolution.  If 

 6   you choose not to be a cosponsor, please notify 

 7   the desk.

 8                SENATOR DeFRANCISCO:   Okay, and 

 9   Senator Flanagan makes the following committee 

10   assignments for June 7, 2017, which you have at 

11   the desk.

12                ACTING PRESIDENT AKSHAR:   Those 

13   committee assignments are received and filed with 

14   the Journal Clerk.

15                SENATOR DeFRANCISCO:   Can we now 

16   take up previously adopted Resolution 2571, by 

17   Senator Savino, read the title only, and call on 

18   Senator Savino to speak, please.

19                ACTING PRESIDENT AKSHAR:   The 

20   Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 2571, by Senator Savino, 

23   mourning the death of Gregory LeNoir "Gregg" 

24   Allman, gifted musician, prolific songwriter, and 

25   talented singer.


                                                               3373

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Savino.

 3                SENATOR SAVINO:   Thank you, 

 4   Mr. President.  

 5                I rise today in recognition of the 

 6   life of Gregg Allman, one of the founding members 

 7   of the Allman Brothers, certainly a prolific 

 8   songwriter and an individual who certainly left 

 9   his mark on American music.  

10                If you looked at his life story, it 

11   would read almost like a country music song.  He 

12   was born in Nashville, Tennessee, where he and 

13   his brother Duane were the children of a former 

14   World War II vet and a housewife.  Their father 

15   was killed by a hitchhiker, and their mother was 

16   forced to move them to Florida and enroll them in 

17   military school while she went to school.

18                They went on to become, you know, 

19   musicians together, they formed their own band.  

20   They had, you know, the most amazing life.  And 

21   unfortunately, Duane died early -- we all know 

22   that history -- but Gregg continued on.  And he 

23   had probably one of the most interesting lives.

24                One of the things he, though, is 

25   responsible for is introducing an entire 


                                                               3374

 1   generation of people to something called Southern 

 2   blues.  He is most often called the father of 

 3   Southern rock, and he hated that term.  He really 

 4   believed that the blues should be delivered to 

 5   Americans the way it was originally delivered.

 6                And he brought to us the works of 

 7   people like Elmore James and Howlin' Wolf and 

 8   Sonny Boy Williamson and Bobby "Blue" Bland and 

 9   T-Bone Walker and Muddy Waters.  And he did it 

10   the old-fashioned way.  He had one of the most 

11   amazing voices in modern rock.  

12                And he was -- what was his 

13   connection to New York, some of you would say.  

14   Well, the Allman Brothers actually considered 

15   New York their second home.  They recorded their 

16   most famous iconic album at the Fillmore East.  

17   And in 1992, after one of the many incarnations 

18   of their band, they set up what would become an 

19   annual rite of spring, where every March for the 

20   next 25 years they would sell out an entire month 

21   at the Beacon Theatre.  In fact, they closed 

22   their long-running career in October of 2014 when 

23   they officially retired.  

24                I myself have seen so many shows I 

25   cannot recall.  But one of the most important 


                                                               3375

 1   shows to me was March 11th of 1998.  And I 

 2   remember that distinctly because I had two 

 3   tickets to that show, and the tickets were 

 4   purchased by my mother.  It was the last gift 

 5   that she would ever buy for me.  She did not and 

 6   could not know that it would be the last gift, 

 7   and she did not know and could never know, and 

 8   neither could I, that she would die on March 7th 

 9   of 1998.  And her funeral was March 11th.  

10                And so on the day of March 11th, 

11   after I buried her, I had those two tickets in my 

12   hand.  And I said to myself I could stay home and 

13   cry the blues, or I could go to the Beacon 

14   Theatre and sing the blues alongside Gregg Allman 

15   and the Allman Brothers.  And that is what I did.

16                Gregg Allman and his brothers and 

17   that band have taught millions of Americans how 

18   to sing the blues, and for that, I believe, he is 

19   entitled to recognition by this body.  And I hope 

20   that you will all join me in signing on to this 

21   resolution that will be sent to his family.

22                Thank you, Mr. President.

23                ACTING PRESIDENT AKSHAR:   Thank 

24   you, Senator Savino.

25                Senator DeFrancisco.


                                                               3376

 1                SENATOR DeFRANCISCO:   Can we now 

 2   take up the noncontroversial reading of the 

 3   calendar.

 4                ACTING PRESIDENT AKSHAR:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 48, 

 7   by Senator Croci, Senate Print 938, an act to 

 8   amend the Executive Law.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 120th day.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Results.  

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   103, by Senator Ranzenhofer, Senate Print 3026, 

22   an act to amend the Education Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3377

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Krueger to explain her vote.

 7                SENATOR KRUEGER:   Thank you, 

 8   Mr. President.

 9                I think that academic freedom is a 

10   critical concept for our university system.  And 

11   as much as each of us might think we have the 

12   best idea in the world about what our 

13   universities should determine are appropriate 

14   course content, I actually don't think the 

15   Legislature should make these decisions for the 

16   universities.  It should be left to them.  

17                And so I vote no.  Thank you, 

18   Mr. President.

19                ACTING PRESIDENT AKSHAR:   Senator 

20   Krueger to be recorded in the negative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 103, those recorded in the 

24   negative are Senators Alcantara, Avella, Bailey, 

25   Brooks, Croci, Hoylman, Krueger, Rivera, Sanders, 


                                                               3378

 1   Serino and Stavisky.  Also Senator Squadron.

 2                Ayes, 50.  Nays, 12.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   265, by Senator O'Mara, Senate Print 2837, an act 

 7   to amend the Environmental Conservation Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   286, by Senator Little, Senate Print 1376, an act 

21   to amend the General Obligations Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect on the 180th day.


                                                               3379

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Results.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   300, by Senator Lanza, Senate Print 3308, an act 

10   to amend the Public Authorities Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Results.

19                THE SECRETARY:   Ayes, 60.  Nays, 2.  

20   Senators Krueger and Sanders recorded in the 

21   negative.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   334, by Senator Marchione, Senate Print 3865, an 


                                                               3380

 1   act to amend the General Municipal Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Krueger to explain her vote.

11                SENATOR KRUEGER:   Thank you very 

12   much.

13                You know, if this bill had left 

14   New York City out, I might have been able to vote 

15   yes.  But frankly there have been various 

16   proposals to sell off privatized naming rights of 

17   parks in New York City, of buildings in New York 

18   City, of subway stops -- and to be honest, I 

19   don't think it's a great idea.

20                My district borders the fabulous 

21   Central Park that Senator José Marco Serrano 

22   actually represents.  I don't want to wake up one 

23   day and see a giant sign over it saying Goldman 

24   Sachs or Barclays Central Park.  There's reasons 

25   that municipalities ought not be allowed to 


                                                               3381

 1   privatize the naming of public things.  

 2                And so it says local option, and I 

 3   respect that there may be localities in the state 

 4   that want to do this.  But because of the 

 5   complications and the size of New York City, I 

 6   don't feel right legislating away the current 

 7   protection to not have privatized naming of 

 8   critical and historic public items in my city.

 9                So I respectfully vote no.  If it 

10   had exempted New York City, I probably could have 

11   voted yes.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Krueger to be recorded in the negative.

15                Senator Hoylman to explain his vote.

16                SENATOR HOYLMAN:   Thank you, 

17   Mr. President.  

18                I associate myself with my 

19   colleague's comments.  We should not be relying 

20   on the private sector to pay for public goods.  

21   We've tried to do that time and time again in my 

22   district.  And along with my colleagues who 

23   border the Hudson River Park, which was created 

24   to be funded by private development and 

25   enterprise -- and to this day, 30 years later, 


                                                               3382

 1   the park is still not completed.  

 2                We here in this chamber instead can 

 3   fully fund our public works, our infrastructure, 

 4   our parks, our public spaces, rather than relying 

 5   on one-offs like private naming rights to do the 

 6   job for us.  I'll be voting nay.

 7                Thank you.

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Hoylman to be recorded in the negative.

10                Senator Stavisky to explain her 

11   vote.

12                SENATOR STAVISKY:   Thank you, 

13   Mr. President.  

14                If New York City had been exempted 

15   in this bill, I would have enthusiastically 

16   supported it, because I know how important it is 

17   to some of the towns and villages and how it can 

18   relieve some of the tax burden that they 

19   encounter.  

20                But because New York City is 

21   included, I am voting no.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Stavisky to be recorded in the negative.

24                Senator Squadron to explain his 

25   vote.


                                                               3383

 1                SENATOR SQUADRON:   Thank you, 

 2   Mr. President.

 3                And while there is, I believe, a 

 4   role for public/private partnerships, and an 

 5   important one, I am not eagerly awaiting the day 

 6   where I will be visiting Google City Hall or the 

 7   Kraft DMV office or any other named site.  I was 

 8   not paid for either of those product placements.  

 9                And I just think this is too broad.  

10   I think there are certain municipal and public 

11   functions that should never be named because -- 

12   except, in fact, for people like Steven McDonald, 

13   who we named for a reason of heroism and an 

14   extraordinary life.  And this bill is just too 

15   open.  

16                So I'm a no, Mr. President.

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Squadron to be recorded in the negative.

19                Announce the result.

20                THE SECRETARY:   In relation to 

21   Calendar 334, those recorded in the negative are 

22   Senators Bailey, Benjamin, Hoylman, Krueger, 

23   Montgomery, Parker, Rivera, Sanders, Squadron and 

24   Stavisky.

25                Ayes, 52.  Nays, 10.


                                                               3384

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   348, by Senator Little, Senate Print 1974, an act 

 5   to amend the Arts and Cultural Affairs Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 5.  This 

 9   act shall take effect on the 60th day.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Results.

14                THE SECRETARY:   In relation to 

15   Calendar 348:  Ayes, 61.  Nays, 1.  Senator 

16   DeFrancisco recorded in the negative.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   353, by Senator Funke, Senate Print 4084A, an act 

21   to amend the Parks, Recreation and Historic 

22   Preservation Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3385

 1   act shall take effect on the 30th day.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   372, by Senator LaValle, Senate Print 3005, an 

12   act to amend the Education Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the first of January.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Latimer to explain his vote.

22                SENATOR LATIMER:   Thank you, 

23   Mr. President.  

24                I'm going to be recorded in the 

25   negative on this bill.  It has been around for a 


                                                               3386

 1   long time, a good 13 years.  It has not gotten 

 2   much play in the other house.  But I think there 

 3   are some structural problems with what this 

 4   proposal does.  

 5                When it forces all school bond votes 

 6   on the same day, you wind up having the State 

 7   Education Department having to go through a 

 8   review process of every capital project across 

 9   the state in the exact same time frame.  They do 

10   not have the manpower to be able to do that in a 

11   timely fashion.  And were we to adopt this 

12   legislation, we would wind up with a terrible 

13   backlog in trying to get capital projects 

14   through.  

15                I understand there's desire to have 

16   a predictability as to when these bond votes are 

17   placed, but I don't think a singular date in the 

18   year makes sense.  So I will retract my 

19   opportunity to speak and vote in the negative.  

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Latimer, you will be recorded in the negative.

22                Senator Brooks to explain your vote.

23                SENATOR BROOKS:   Thank you, 

24   Mr. President.

25                I understand the concept of having 


                                                               3387

 1   all the school budgets voted at one time.  When 

 2   we're down to a bond issue, having spent many 

 3   years on the school board, you never know when a 

 4   problem is going to come up during the school 

 5   year that can require a significant expenditure 

 6   of money and a bond issue.  This legislation 

 7   would make it impossible for a school district to 

 8   deal with that situation.

 9                When I was on the board, we had a 

10   situation where a Nor'easter storm came through, 

11   brought tidal water into one of our schools.  The 

12   oil tank that supplied the oil to that school 

13   district shifted as a result of the water coming 

14   in.  There was a real possibility there that we 

15   were going to have a cleanup that could have run 

16   into the millions of dollars.  Fortunately, we 

17   did not have that situation.  It was a minor leak 

18   in the end.  

19                But any school district could be in 

20   a situation anytime during the year where they 

21   have an incident that's going to require a large 

22   expenditure of money, and be in a situation where 

23   that repair has to be made timely.  This bill 

24   would prohibit the school district from going out 

25   and seeking a bond.


                                                               3388

 1                I will be voting no on this bill.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Brooks to be recorded in the negative.

 4                Announce the result.

 5                THE SECRETARY:   In relation to 

 6   Calendar 372, those recorded in the negative are 

 7   Senators Akshar, Alcantara, Avella, Benjamin, 

 8   Brooks, Croci, Hoylman, Kaminsky, Krueger, 

 9   Latimer, Little, Montgomery, Rivera and Sanders.  

10   Also Senator Seward.  Also Senator Persaud.  Also 

11   Senator Gianaris.  Also Senator Bailey.  Also 

12   Senator Stavisky.

13                ACTING PRESIDENT AKSHAR:   Announce 

14   the results on Calendar Number 372 again, please.

15                THE SECRETARY:   In relation to 

16   Calendar 372, those recorded in the negative are 

17   Senators Akshar, Alcantara, Avella, Bailey, 

18   Benjamin, Brooks, Croci, Gianaris, Hoylman, 

19   Kaminsky, Krueger, Latimer, Little, Montgomery, 

20   Persaud, Rivera, Sanders, Seward, Squadron and 

21   Stavisky.  Also Senator Comrie.  

22                Ayes, 41.  Nays, 21.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3389

 1   390, by Senator Peralta, Senate Print 478B, an 

 2   act to amend the Administrative Code of the City 

 3   of New York.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar 390:  Ayes, 60.  Nays, 2.  Senators 

13   Croci and Murphy recorded in the negative.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   400, by Senator Funke, Senate Print 4592A, an act 

18   to amend the Alcoholic Beverage Control Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3390

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Krueger to explain your vote.

 3                SENATOR KRUEGER:   Thank you, 

 4   Mr. President.  

 5                You know, I read the bill and I was 

 6   sort of fascinated because I had not ever heard 

 7   of a leisure district.  But -- and again, this is 

 8   a bill that's at local option, and I respect 

 9   that.  But I just want to highlight for people 

10   who might not have had the experience of people 

11   drinking large quantities of alcohol in outdoor 

12   spaces, that it can truly inconvenience other 

13   people who live right there.  

14                So there are parts of my district 

15   that have very large bar discotheques where 

16   unfortunately sometimes it all spills out into 

17   the streets, particularly on weekend nights.  

18   People are loud, they are drunk, they are 

19   illegally -- nonetheless, illegally drinking in 

20   public.  And the other people who live above them 

21   in the buildings or on surrounding blocks call 

22   our offices and complain about this.

23                There is concern that there would 

24   not be clear definitions of what authority would 

25   a police officer have to say that you're not 


                                                               3391

 1   appropriately drinking, you shouldn't be handing 

 2   off the liquor to someone who's under 21, because 

 3   I can't imagine we're going to have people 

 4   carding each other at public parks and on 

 5   streets.

 6                On the other hand, there are 

 7   occasionally the stories of people taking a 

 8   bottle of wine to a city park to have a picnic 

 9   and being told it's not legal.  And I actually 

10   agree that's just silly to be busting people for 

11   drinking a bottle of wine on a nice evening out 

12   sitting in a city park, having a picnic dinner.  

13                But I just do want to highlight and 

14   warn people to think through what the impact 

15   might be on your neighborhoods of having leisure 

16   outdoor spaces with no real controls on what kind 

17   of and how much drinking is going on.  

18                So I'll be voting no, Mr. President.  

19   Thank you.

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Krueger to be recorded in the negative.

22                Announce the result.

23                THE SECRETARY:   Ayes, 60.  Nays, 1.  

24   Senator Krueger recorded in the negative.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3392

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   408, by Senator Ortt, Senate Print 1481, an act 

 4   to amend the Executive Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 60th day.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Results?  

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   409, by Senator Hannon, Senate Print 2247, an act 

18   to amend the Public Health Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3393

 1                ACTING PRESIDENT AKSHAR:   Results.

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   455, by Senator Gallivan, Senate Print 2516, an 

 7   act to amend the General Municipal Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   461, by Senator Carlucci, Senate Print 4723A, an 

21   act to amend the Town Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3394

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   483, by Senator Lanza, Senate Print 2601, an act 

11   to amend the Administrative Code of the City of 

12   New York.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                SENATOR DeFRANCISCO:   Excuse me, 

21   Mr. President.  

22                ACTING PRESIDENT AKSHAR:   Senator 

23   DeFrancisco.  

24                SENATOR DeFRANCISCO:   Could you 

25   please withdraw the roll call and lay the bill 


                                                               3395

 1   aside for the day.

 2                ACTING PRESIDENT AKSHAR:   The roll 

 3   call is withdrawn, and the bill will be laid 

 4   aside for the day.

 5                THE SECRETARY:   Calendar Number 

 6   501, by Senator Helming, Senate Print 4311, an 

 7   act to amend the Penal Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Results?  

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   503, by Senator Ritchie, Senate Print 2125, an 

21   act to amend the Correction Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3396

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   519, by Senator Griffo, Senate Print 3375, an act 

11   to amend the Labor Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 61.  Nays, 1.  

22   Senator Hoylman recorded in the negative.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3397

 1   520, substituted earlier by Member of the 

 2   Assembly Bronson, Assembly Print 1956, an act to 

 3   amend the Labor Law.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Results?  

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   559, by Senator Ortt, Senate Print 397B, an act 

17   to amend the Education Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Announce 


                                                               3398

 1   the results.

 2                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 3   Senator DeFrancisco recorded in the negative.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   565, by Senator Golden, Senate Print 5118B, an 

 8   act to amend the Civil Service Law.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Results.

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   607, by Senator LaValle, Senate Print 1323, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3399

 1   act shall take effect two years after it shall 

 2   have become a law.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes.

 7                ACTING PRESIDENT AKSHAR:   Announce 

 8   the result.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   616, by Senator Lanza, Senate Print 2617, an act 

14   to prohibit.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Squadron to explain his vote.

24                SENATOR SQUADRON:   Thank you, 

25   Mr. President.


                                                               3400

 1                On this bill, it's a bill that we 

 2   see every year.  As sure as we see the Rules 

 3   Committee take over for committees of substance, 

 4   as sure as we see multi-hundred bills agendas, we 

 5   see this bill.  

 6                It's a very simple bill.  It says 

 7   the New York Police Department, the greatest 

 8   police department in the world, one of the 

 9   greatest law enforcement entities in the world at 

10   protecting us against terrorism, they can't do 

11   it.  They can't do it in Lower Manhattan, they 

12   can't do it in downtown Brooklyn, they can't do 

13   it in the federal courthouse on Long Island.  And 

14   it makes no sense at all.

15                In the year or so since the last 

16   time we saw this bill that prohibits the New York 

17   Police Department from protecting the people of 

18   New York City, protecting my constituents, we've 

19   had a number of terrorists charged in New York 

20   City.  James Jackson was a racist so-called 

21   assassin who traveled to New York City in order 

22   to kill African-American people.  He 

23   unfortunately stabbed to death 66-year-old 

24   Timothy Caughman.  

25                His stated goals were clearly 


                                                               3401

 1   terrorist.  In fact, Cy Vance, the New York 

 2   County district attorney, said "James Jackson 

 3   prowled the streets of New York for three days in 

 4   search of a black person to assassinate in order 

 5   to launch a campaign of terrorism against our 

 6   Manhattan community and the values we celebrate."  

 7                He is being tried right now in 

 8   New York County.

 9                The so-called Chelsea Bomber, Ahmad 

10   Khan Rahami, was arrested on September 19th after 

11   setting a bomb in Senator Hoylman's district and 

12   is being charged on federal charges in the 

13   Southern District of New York.

14                Preet Bharara, the former U.S. 

15   Attorney for the Southern District, said two 

16   months ago, "Ahmad Khan Rahami allegedly planted 

17   bombs in the heart of Manhattan and in New 

18   Jersey.  Now indicted by a grand jury, Rahami 

19   will face justice in a federal court for his 

20   alleged violent acts of terrorism."

21                The list goes on and on.  In fact, I 

22   was recently speaking with the senior 

23   counterterrorism people in the NYPD touring 

24   components of my district, and there are any 

25   number of security measures in place, additional 


                                                               3402

 1   security measures in place because of the 

 2   high-value and high-risk people being held there, 

 3   including El Chapo.  

 4                This bill doesn't say anything about 

 5   El Chapo being tried in the Eastern District, 

 6   held in Manhattan.  And is he an enemy combatant, 

 7   is he not an enemy combatant?  We don't know.  

 8   The federal government hasn't called anyone an 

 9   enemy combatant since 2009, has had any number of 

10   trials, many, many of them in my district, on the 

11   edge of my district, in the Eastern District and 

12   the Southern District.  And yet the sponsor 

13   unfortunately continues to want to prohibit the 

14   New York police department from protecting my 

15   constituents, our city, and our state.

16                I don't know what he would have us 

17   do.  Perhaps the President will declare everyone 

18   enemy combatants and do away with habeas corpus 

19   and other protections, undo a process that's been 

20   working really pretty well.  Perhaps something 

21   else will happen.  But in the meantime, that's a 

22   different issue.  

23                This issue is simple.  Terror trials 

24   are happening, and we need New York to protect 

25   us.


                                                               3403

 1                I vote no, Mr. President.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Squadron to be recorded in the negative.

 4                Senator Kaminsky to explain your 

 5   vote.

 6                SENATOR KAMINSKY:   Thank you, 

 7   Mr. President.  

 8                I'm a no on this vote because I've 

 9   seen federal prosecutors try the worst of the 

10   worst of terrorists.  They are extremely capable 

11   of doing it.  And our New York City Police 

12   Department is extremely capable of making sure 

13   that the situation is a safe one.  

14                I have also seen this issue be 

15   demagogued.  Clearly nobody wants to do anything 

16   that encourages terrorism or encourages an act 

17   that would hurt the public.  But I clearly think 

18   that we are able to both fight a war overseas and 

19   yet be able to try those who want to perpetrate 

20   criminal acts upon our cities and our country in 

21   our federal courts of law.  We've done it.  We 

22   could do it.  And I don't see why if we choose to 

23   do it, we would want the NYPD to have no money to 

24   protect the courthouses and the other facilities.  

25                So I clearly understand where the 


                                                               3404

 1   sponsor is coming from.  There is a -- frankly, 

 2   there is a very-long-tried historical theory 

 3   about enemy combatants and whether they should be 

 4   tried in military tribunals, and there's 

 5   certainly a place for that.  But if the decision 

 6   is made from the highest levels, regardless of 

 7   party, that they should be tried in courts in 

 8   New York, which have traditionally been the great 

 9   centers where terrorists are tried, I don't see 

10   why we would want to pull funding from whatever 

11   resources we can in order to protect those 

12   facilities.  

13                So I'm a no on this vote.  I hope 

14   that we don't play politics with this.  Nobody 

15   here -- you know, nobody here wants anything bad 

16   to happen, and everyone wants us to defeat ISIS 

17   and other -- and al-Qaida and other terrorist 

18   groups as swiftly and as strongly as possible.  

19   I'm just not sure that this bill gets us there, 

20   and I'm a no vote.  

21                Thank you, Mr. President.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Kaminsky to be recorded in the negative.

24                Announce the result.

25                THE SECRETARY:   In relation to 


                                                               3405

 1   Calendar 616, those recorded in the negative are 

 2   Senators Alcantara, Bailey, Benjamin, Breslin, 

 3   Brooks, Comrie, Dilan, Gianaris, Hamilton, 

 4   Hoylman, Kaminsky, Krueger, Latimer, Montgomery, 

 5   Parker, Peralta, Rivera, Sanders, Serrano, 

 6   Squadron, Stavisky and Senator Stewart-Cousins.  

 7   Also Senator Persaud.  Also Senator Díaz.

 8                Ayes, 38.  Nays, 24.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   618, by Senator Ranzenhofer, Senate Print 3143, 

13   an act to amend the Public Authorities Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Krueger to explain her vote.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.

25                I'm supporting this bill.  I would 


                                                               3406

 1   just like to point out that it's a bill that the 

 2   Rochester Transit authority would not have to pay 

 3   bond issuance charges to the state when they go 

 4   to the market for bonds.  

 5                And just a few days ago, many of my 

 6   colleagues in this chamber voted against an 

 7   exactly parallel bill for the MTA.  So yet again, 

 8   occasionally I like to point out I just don't 

 9   know why nobody likes us down in the 12 counties 

10   of the MTA region.

11                I vote yes, Mr. President.

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Krueger to be recorded in the affirmative.

14                Announce the result.

15                THE SECRETARY:   Ayes, 61.  Nays, 1.  

16   Senator Serino recorded in the negative.  

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   619, by Senator Ranzenhofer, Senate Print 3145, 

21   an act to amend the Public Authorities Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               3407

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Results.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   634, by Senator Funke, Senate Print 4375, an act 

10   to amend the Education Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   655, by Senator DeFrancisco, Senate Print 3716, 

25   an act to amend the Penal Law.


                                                               3408

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Announce 

 9   the results.

10                THE SECRETARY:   Ayes, 60.  Nays, 2.  

11   Senators Hoylman and Serrano recorded in the 

12   negative.  

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   656, by Senator Savino, Senate Print 3861, an act 

17   to amend the Penal Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the 60th day.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               3409

 1   Savino to explain her vote.

 2                SENATOR SAVINO:   Thank you, 

 3   Mr. President.

 4                This is I think the fourth or fifth 

 5   time that we are bringing this bill through the 

 6   New York State Senate.  Every year I request from 

 7   the NYPD and from the MTA statistics to show the 

 8   increase in sexual assaults and what they refer 

 9   to as "sex grinders" in the subway.  And what we 

10   are seeing is every year the statistics are going 

11   up.

12                The number of sexual assaults, 

13   unfortunately, in our subway system is not going 

14   down, it's going up, in spite of the efforts of 

15   the MTA.  They have developed a public awareness 

16   campaign.  They are raising the issue.  They have 

17   increased the number of officers who are riding 

18   the trains.  And unfortunately, young women 

19   continue -- particularly young women continue to 

20   be victimized in the subway by repeat sexual 

21   predators.  

22                These are not flashers.  These are 

23   not people who are just exposing themselves.  

24   These are violent sexual predators.  Don't 

25   believe me?  Last month a young woman, an 


                                                               3410

 1   aspiring actress in New York City, was entering 

 2   the subway.  One of these violent predators 

 3   groped her.  She managed to fight him off, she 

 4   went down the stairs, got to the platform, he 

 5   followed her and pushed her onto the track.  By 

 6   the grace of God, she was not run over by a 

 7   train.

 8                These are the kind of people that I 

 9   am trying to raise the penalties on.  Not the 

10   people who are exposing themselves, although by 

11   the way, we should probably raise the penalty 

12   against them too.  

13                (Laughter.)

14                SENATOR SAVINO:   These are not 

15   victimless crimes.  These are violent sexual 

16   predators, and they go into our subway system 

17   every day and they victimize young women, seeking 

18   sexual gratification against women, particularly 

19   women and young women who can do nothing about 

20   it.  This bill didn't come out of anything -- my 

21   own personal experience, the experience of many 

22   women who have ridden the subway -- but it also 

23   came out of a New York State Court of Appeals 

24   decision that said that the New York State 

25   Legislature needed to act, that our laws were 


                                                               3411

 1   insufficient to punish these repeat sexual 

 2   predators.  

 3                So I will ask all of you again to 

 4   support me in this effort, send a message that 

 5   New York State is going to do the right thing and 

 6   protect women everywhere, especially in our 

 7   subway system.  And I ask for my colleagues to 

 8   support me in this legislation.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT AKSHAR:   Senator 

11   Savino to be recorded in the affirmative.

12                Announce the result.

13                THE SECRETARY:   In relation to 

14   Calendar 656, those recorded in the negative are 

15   Senators Dilan, Krueger, Montgomery and Sanders.

16                Ayes, 58.  Nays, 4.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   659, by Senator Parker, Senate Print 3422, an act 

21   to amend the Mental Hygiene Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 5.  This 

25   act shall take effect immediately.


                                                               3412

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   724, by Senator Avella, Senate Print 1931, an act 

11   to authorize.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   752, by Senator Murphy, Senate Print 4245, an act 


                                                               3413

 1   to amend the Tax Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the results.

11                THE SECRETARY:   In relation to 

12   Calendar 752, those recorded in the negative are 

13   Senators Addabbo, Alcantara, Avella, Bailey, 

14   Benjamin, Comrie, Dilan, Gianaris, Golden, 

15   Hoylman, Krueger, Montgomery, Parker, Peralta, 

16   Persaud, Rivera, Serrano, Squadron and Stavisky.  

17                Ayes, 43.  Nays, 19.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   776, by Senator Comrie, Senate Print 3872, an act 

22   to amend the Agriculture and Markets Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3414

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   807, by Senator Boyle, Senate Print 5125A, an act 

12   to amend the General Business Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Boyle to explain his vote.

22                SENATOR BOYLE:   Thank you, 

23   Mr. President, to explain my vote.

24                This is an important bill which 

25   would ban the sale of machetes to minors.  The 


                                                               3415

 1   question is, Why would a minor need a machete?  

 2   It's used for gang violence.  

 3                What we find in many parts of the 

 4   State of New York, particularly out on 

 5   Long Island, is violent gangs such as MS-13 are 

 6   using machetes as their weapon of choice.  Two 

 7   young ladies, Nisa Mickens and Kayla Cuevas, were 

 8   killed in Brentwood, among numerous murders.  

 9                Our police commissioner down in 

10   Suffolk County, Tim Sini, pointed out to Congress 

11   a couple of weeks ago that there have been 27 

12   killings by MS-13 in Suffolk County since 2013, 

13   and 17 of them in the last year and a half.  Most 

14   of those were done with machetes.  

15                There is no reason for a child to 

16   have a machete.  When we had a press conference 

17   announcing this piece of legislation, we had a 

18   huge table filled with machetes taken off of 

19   minors, including one that was about 3 feet long.  

20                If they work in a landscaping 

21   business, they can get it from their employer and 

22   give it back at the end of the day.  But there's 

23   no reason to make it legal for these violent 

24   criminals to use machetes and allow them to buy 

25   them in a store.  


                                                               3416

 1                I urge all my colleagues to vote in 

 2   favor, and I do too.  Thank you, Mr. President.  

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   Boyle to be recorded in the affirmative.  

 5                Senator Krueger to explain her vote.

 6                SENATOR KRUEGER:   Thank you, 

 7   Mr. President.  

 8                I rise to say I support Senator 

 9   Boyle's bill, but I feel he's going to have to go 

10   further.  Because when you go online to 

11   Craigslist, to Amazon, to EBay, you find that 

12   they are selling large numbers of machetes.  And 

13   until we confront the fact that in this state we 

14   don't have the same standards for buying and 

15   selling if it's on the Internet versus in a 

16   bricks-and-mortar store -- we don't even tax the 

17   same way.  

18                So I agree, we want to keep these 

19   machetes out of the hands of dangerous people.  

20   But I think he may need to explore going further.  

21   We actually made it illegal for mail delivery of 

22   cigarettes from out of state in order to protect 

23   not having cigarettes purchased by young people, 

24   or without paying their taxes.  

25                So he might want to explore how he 


                                                               3417

 1   takes the next step if he really wants to make 

 2   sure these items are not ending up in the hands 

 3   of exactly who he hopes won't get them, because I 

 4   think they'll figure out how to go on the 

 5   Internet and buy them that way pretty quickly.  

 6                But I do support the bill, and I 

 7   will vote yes, Mr. President.  

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Krueger to be recorded in the affirmative.

10                Senator Gianaris to explain his 

11   vote.

12                SENATOR GIANARIS:   Thank you, 

13   Mr. President, to explain my vote.  

14                I'll be voting yes on this bill, and 

15   I thank Senator Boyle for bringing it to the 

16   chamber.  

17                I do also want to point out that 

18   it's very sensible to regulate weapons that are 

19   used to do damage and kill people.  And the same 

20   argument that applies to regulating machetes 

21   should just as easily apply to regulating guns.  

22                And so for so many of my colleagues 

23   on the other side of the aisle that fancy 

24   themselves to say that guns don't kill people, 

25   people kill people, well, the same argument 


                                                               3418

 1   should apply to machetes.  But lo and behold, on 

 2   this bill they seem to be voting yes.  And so I 

 3   would like to point out that contradiction and 

 4   wonder why machetes are worthy of regulation but 

 5   guns are not in the eyes of so many of my 

 6   colleagues.

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   Gianaris, how do you vote?  

 9                SENATOR GIANARIS:   I vote yes.

10                ACTING PRESIDENT AKSHAR:   To be 

11   recorded in the affirmative.

12                Announce the result.

13                THE SECRETARY:   In relation to 

14   Calendar 807, those recorded in the negative are 

15   Senators Funke, Gallivan, Griffo, Helming, Lanza, 

16   Little, Marchione, O'Mara, Ortt, Ranzenhofer and 

17   Ritchie.  Also Senator Tedisco.  

18                Ayes, 50.  Nays, 12.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   820, by Senator Funke, Senate Print 1021, an act 

23   to amend the Education Law.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               3419

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 60th day.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Hoylman to explain his vote.

 8                SENATOR HOYLMAN:   I'll be voting in 

 9   the negative, Mr. President, for the same reason 

10   that I think many of us were voting in the 

11   negative on leasing naming rights of 

12   government-owned property.

13                We shouldn't be looking to the 

14   private sector to fund our public school system.  

15   If we have problems with the amount of state aid 

16   for our schools, for our athletic facilities, 

17   then we should take steps here in this chamber.  

18                And secondly, the legislation is 

19   written very broadly to prohibit political 

20   advertising and other objectionable language and 

21   messaging, and I think that's broad, too broad 

22   and might create First Amendment concerns.  

23                So I'll be voting in the negative.  

24   Thank you.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               3420

 1   Hoylman to be recorded in the negative.

 2                Announce the result.

 3                THE SECRETARY:   In relation to 

 4   Calendar 820:  Ayes, 60.  Nays, 2.  Senators 

 5   Hoylman and Krueger recorded in the negative.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   827, by Senator Jacobs, Senate Print 2124A, an 

10   act to amend the Education Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   829, by Senator Lanza, Senate Print 2637, an act 

25   to amend the Education Law.


                                                               3421

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Announce 

 9   the result.

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   844, by Senator Gallivan, Senate Print 3168, an 

15   act to amend the Vehicle and Traffic Law.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 61.  Nays, 1.  


                                                               3422

 1   Senator Krueger recorded in the negative.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   865, by Senator Ranzenhofer, Senate Print 3025, 

 6   an act to amend the Environmental Conservation 

 7   Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Hoylman to explain his vote.

17                SENATOR HOYLMAN:   Thank you, 

18   Mr. President.  

19                I'll be voting no because the state 

20   law of FOIL already protects private, personal 

21   information in such instances for hunting and 

22   fishing licenses.  So this legislation, in my 

23   opinion, isn't necessary.

24                Thank you.  I'll be voting in the 

25   negative.


                                                               3423

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Hoylman to be recorded in the negative.

 3                Announce the result.

 4                THE SECRETARY:   In relation to 

 5   Calendar 865, those recorded in the negative are 

 6   Senators Hoylman, Krueger, Rivera and Serrano.

 7                Ayes, 58.  Nays, 4.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   879, by Senator Ortt, Senate Print 909A, an act 

12   to amend the Navigation Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Announce 

21   the result.

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3424

 1   881, by Senator Valesky, Senate Print 1330, an 

 2   act to amend the State Finance Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 60th day.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Announce 

11   the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   890, by Senator Griffo, Senate Print 3381, an act 

17   to amend the Education Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 12.  This 

21   act shall take effect 18 months after it shall 

22   have become a law.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3425

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   922, substituted earlier by Member of the 

 8   Assembly Brindisi, Assembly Print 7446, an act to 

 9   amend the Criminal Procedure Law.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect on the 60th day.

14                ACTING PRESIDENT AKSHAR:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT AKSHAR:   Announce 

18   the results.

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   934, by Senator Ritchie, Senate Print 1432, an 

24   act to amend the Agriculture and Markets Law.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               3426

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT AKSHAR:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT AKSHAR:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 61.  Nays, 1.  

10   Senator Montgomery recorded in the negative.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   941, by Senator Boyle, Senate Print 5599, an act 

15   to amend the Agriculture and Markets Law.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect on the 90th day.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Senator 

24   Boyle to explain his vote.

25                SENATOR BOYLE:   Thank you, 


                                                               3427

 1   Mr. President, to quickly explain my vote, at the 

 2   risk of waking up Senator Parker for another 

 3   riveting debate.  

 4                (Laughter.)

 5                SENATOR BOYLE:   I just wanted to 

 6   point out this is an important bill to protect 

 7   our animals.  

 8                And two innocent mistakes by Senator 

 9   Parker:  There is an Assembly sponsor to this 

10   bill, Assemblyman Zebrowski.  It's being 

11   considered in the Codes Committee.  And also 

12   Fritz was a miniature horse, not a pony.  

13                I vote in the affirmative.  

14                (Laughter.)

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Boyle to be recorded in the affirmative.

17                Senator DeFrancisco to explain his 

18   vote.

19                SENATOR DeFRANCISCO:   I was really 

20   on the fence on this bill.  I didn't know what I 

21   was going to do.  But after hearing yesterday the 

22   eloquent, albeit sometimes redundant and lengthy 

23   remarks of Senator Parker, he convinced me.  And 

24   I cast an aye vote in the name of Apollo.

25                Thank you.  


                                                               3428

 1                (Laughter.)  

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   DeFrancisco to be recorded in the affirmative.

 4                Announce the result.

 5                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 6   Senator Hoylman recorded in the negative.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   950, by Senator Alcantara, Senate Print 5500C, an 

11   act to amend the Mental Hygiene Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 60th day.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Senator 

20   Alcantara to explain her vote.

21                SENATOR ALCANTARA:   Thank you.

22                I urge all my colleagues to please 

23   vote for this bill.  It's an important measure to 

24   address the issue of the teen suicide rate, 

25   specifically among Latinas, which is the highest 


                                                               3429

 1   in the city.  

 2                In my district, 29 percent of our 

 3   students, young Latinas, have either attempted or 

 4   committed suicide.  I visited a school in my 

 5   district on Saturday where 20 girls had attempted 

 6   to commit suicide.  

 7                And the purpose of this bill is to 

 8   create an advisory panel so we can address some 

 9   of those issues and we can find out what are the 

10   best methods to address this high rate of -- 

11   teenage suicide rate, not only amongst Latinas 

12   but amongst all young girls in the State of 

13   New York.  And this will be a fabulous first step 

14   on how to address this issue.

15                I urge all my colleagues to please 

16   support us on this bill and vote in the 

17   affirmative.  Thank you.

18                ACTING PRESIDENT AKSHAR:   Senator 

19   Alcantara to be recorded in the affirmative.

20                Senator Hoylman to explain his vote.

21                SENATOR HOYLMAN:   Thank you.  I 

22   wanted to thank my colleague for this 

23   legislation.

24                You know, the rate of suicide 

25   attempts is four times greater for lesbian, gay, 


                                                               3430

 1   and bisexual youth.  And for transgender kids, 

 2   it's estimated that one in four attempt suicide.  

 3                In fact, the whole movement to ban 

 4   so-called gay conversion therapy in recent years 

 5   was precipitated by the suicide of a young trans 

 6   woman named Leelah Alcorn.  She was 17 years old.  

 7   She took her life.  She was so despondent she 

 8   walked in front of a semi truck to die.  She left 

 9   a note to her parents and said that she was 

10   brought to this by virtue of the fact that they 

11   had been forcing her to attend gay conversion 

12   therapy.

13                So let me say, while this is a very 

14   positive step forward, we in this chamber can do 

15   things for our LGBT youth to keep them off the 

16   track of such despair by once and for all banning 

17   gay conversion therapy.  We have the opportunity.  

18   The bill has passed in the Assembly numerous 

19   times, including this session.  I'd very much 

20   appreciate, on behalf of my community, to see it 

21   on the floor this session.

22                Thank you, Mr. President.  I'll be 

23   voting in the positive.

24                ACTING PRESIDENT AKSHAR:   Senator 

25   Hoylman to be recorded in the affirmative.


                                                               3431

 1                Announce the result.

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   970, by Senator Young, Senate Print 5913, an act 

 7   to amend the Highway Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   988, by Senator Ranzenhofer, Senate Print 2595, 

22   an act to amend the Correction Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3432

 1   act shall take effect on the first of September.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Krueger to explain her vote.

 7                SENATOR KRUEGER:   Thank you, 

 8   Mr. President.

 9                I appreciate the sponsor's goal with 

10   this legislation.  The dilemma is, in most 

11   scenarios, why would an employer or a landlord or 

12   other people coming in contact with a sex 

13   offender know whether or not they had registered?  

14                And so I think it's putting an 

15   enormous new requirement on people who aren't 

16   required under the law to actually register 

17   themselves; they're not the sex offenders.

18                So again, I appreciate the goal.  We 

19   want to make sure sex offenders are meeting their 

20   requirements of registration as sex offenders.  

21   But I think when you take the step beyond that 

22   anyone who may be in contact with them also has 

23   some responsibility to know something and I guess 

24   force them to report it or report in, is not a 

25   realistic goal in that we could easily be 


                                                               3433

 1   capturing up people who through no fault of their 

 2   own simply never knew this information in the 

 3   first place.  

 4                And it could clutter up the court 

 5   system if you then have to go document that even 

 6   though somebody thought you should have known, 

 7   you didn't know.  Again, it's not you who are the 

 8   sex offender who would be penalized under this 

 9   law.  

10                So I'll vote no.  Thank you, 

11   Mr. President.

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Krueger to be recorded in the negative.

14                Announce the result.

15                THE SECRETARY:   In relation to 

16   Calendar 988, those recorded in the negative are 

17   Senators Alcantara, Bailey, Comrie, Dilan, 

18   Hamilton, Hoylman, Krueger, Montgomery, Parker, 

19   Persaud, Rivera and Sanders.

20                Ayes, 50.  Nays, 12.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   990, by Senator Helming, Senate Print 3030, an 

25   act to amend the Correction Law.


                                                               3434

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 30th day.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Hoylman to explain his vote.

10                SENATOR HOYLMAN:   Thank you, 

11   Mr. President.  I'll be brief.  

12                As we debate this bill in the 

13   chamber -- or discuss it, rather -- in the other 

14   house they are discussing a bill that would also 

15   crack down on sex offenders.  It would lift the 

16   statute of limitations in cases of civil and 

17   criminal disputes and provide a crucial one-year 

18   lookback period.  

19                I'm hopeful that this chamber can do 

20   the same this session, pass the Child Victims 

21   Act.  

22                I'll be voting in the affirmative 

23   for this bill, which I should note is our 22nd 

24   sex offender bill in the State Senate this year.  

25   We should pass the Child Victims Act and make 


                                                               3435

 1   that Number 23.  Thank you.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Hoylman to be recorded in the affirmative.

 4                Announce the result.

 5                THE SECRETARY:   In relation to 

 6   Calendar 990, those recorded in the negative are 

 7   Senators Bailey, Comrie, Montgomery, Parker, 

 8   Rivera and Sanders.

 9                Ayes, 56.  Nays, 6.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   995, by Senator Gallivan, Senate Print 5894, an 

14   act to amend Chapter 573 of the Laws of 2011.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar 995, those recorded in the negative are 


                                                               3436

 1   Senators Hoylman, Krueger, Rivera, Serrano and 

 2   Squadron.

 3                Ayes, 57.  Nays, 5.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1003, substituted earlier by Member of the 

 8   Assembly McDonald, Assembly Print 5984, an act to 

 9   amend Chapter 987 of the Laws of 1971.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT AKSHAR:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT AKSHAR:   Announce 

18   the result.

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1004, by Senator Ranzenhofer, Senate Print 3886, 

24   an act to amend the Education Law.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               3437

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT AKSHAR:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT AKSHAR:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1006, by Senator Murphy, Senate Print 305, an act 

14   to amend the Tax Law.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the results.

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3438

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1041, substituted earlier by Member of the 

 4   Assembly Gunther, Assembly Print 5974, an act to 

 5   amend the Mental Hygiene Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1047, substituted earlier by Member of the 

20   Assembly Lupardo, Assembly Print 3021, an act to 

21   amend the Executive Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3439

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1067, by Senator Gallivan, Senate Print 4770A, an 

11   act to amend the Correction Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1068, by Senator Lanza, Senate Print 5016, an act 


                                                               3440

 1   to amend the Executive Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1091, by Senator Serrano, Senate Print 3108, an 

16   act to amend the Arts and Cultural Affairs Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect on the 120th day.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the results.


                                                               3441

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1110, by Senator Tedisco, Senate Print 4324, an 

 6   act to amend General Municipal Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1122, by Senator Valesky, Senate Print 6118, an 

21   act in relation to.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3442

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1167, by Senator Felder, Senate Print 2104, an 

11   act to amend the Education Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the first of September.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Senator 

20   Kaminsky to explain his vote.

21                SENATOR KAMINSKY:   Thank you.  

22                I'm voting in the affirmative, and I 

23   just think that this bill is really the beginning 

24   of an important number of steps we need to take 

25   to make sure that every student who is capable 


                                                               3443

 1   gets a high school diploma.  

 2                In the last few years, our education 

 3   system has undergone some radical changes where 

 4   the local diploma really doesn't exist anymore.  

 5   So when we were going to high school, you didn't 

 6   have to pass a certain number of Regents exams, 

 7   you can get a local diploma.  You can go to trade 

 8   school, you can go to the military.  

 9                That doesn't exist anymore.  We're 

10   requiring our students to pass a certain number 

11   of Regents or that is it.  There's something 

12   called the CDOS now, we'll give them a 

13   certificate instead of a diploma, except our own 

14   civil service in New York State, the military and 

15   trade schools don't accept it.  

16                So I have children in my district, 

17   young men and women who are 20 years old, in 

18   high school -- or even more.  They're on their 

19   third go-round, trying to perform on tests that 

20   they're never going to pass because, as capable 

21   as they are, they have a particular disability in 

22   a particular area.  But they're smart, they're 

23   capable, many are on the honor roll, they show up 

24   to school every day, and yet they are given no 

25   path to a diploma.  


                                                               3444

 1                And that's why so many of us, 

 2   especially on Long Island, have been fighting for 

 3   a new path to a diploma.  And I know that if we 

 4   join together in a bipartisan way, we could 

 5   really, really make it happen.

 6                I understand that there is a 

 7   philosophy that if we give out diplomas like 

 8   Tic Tacs, people are not going to want to teach 

 9   to students with disabilities because they're 

10   going to get a diploma anyway.  But there is no 

11   doubt that we could find a middle ground where we 

12   are able to make sure that kids who deserve it 

13   and who their superintendents and principals know 

14   deserve to graduate, get to do it.  

15                So let's work on this together.  

16   Let's push our Board of Regents to add this to 

17   the agenda in July, and let's come together as a 

18   Senate to create an alternate pathway to a 

19   diploma.  This bill is a nice start.  I vote in 

20   the affirmative.

21                Thank you.  

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Kaminsky to be recorded in the affirmative.

24                Announce the result.

25                THE SECRETARY:   Ayes, 61.  Nays, 1.  


                                                               3445

 1   Senator Ranzenhofer recorded in the negative.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1168, by Senator Felder, Senate Print 2111, an 

 6   act to direct.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1170, by Senator Ritchie, Senate Print 3021, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the first of September.


                                                               3446

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1177, by Senator Marcellino, Senate Print 6087, 

11   an act to amend the Education Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1184, by Senator Little, Senate Print 2644, an 


                                                               3447

 1   act to amend the Tax Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Latimer to explain his vote.

11                SENATOR LATIMER:   Thank you, 

12   Mr. President.  

13                I rise in support of this bill, but 

14   we're beginning now to go through a series of 

15   bills that are extenders for local taxes of all 

16   sorts; sales tax extenders, perhaps others -- 

17   mortgage recording tax.

18                I think this is a time where we need 

19   to change the strategy in this chamber and in the 

20   other chamber of how we deal with these bills.  

21   We all understand that these are essential asks 

22   that come from our communities.  And we also 

23   understand that there's a political negative 

24   every time you vote for a tax.  But the series of 

25   bills that are coming up in counties that I'm 


                                                               3448

 1   hardly ever in -- Essex, Schoharie, and so 

 2   forth -- are necessary for these governments to 

 3   run.  

 4                And we represent -- those of us who 

 5   are outside of New York City on this side of the 

 6   aisle, we also represent jurisdictions that have 

 7   these asks.  So I think the smarter thing for us 

 8   to do in the future is to develop the equivalent 

 9   of a Big Ugly document in which all of these 

10   bills can be put -- maybe by category, all sales 

11   tax bills, all mortgage recording tax bills.  

12                If a person has a philosophical 

13   reason not to vote for them, they can express 

14   that philosophical reason.  But we need to take 

15   these issues off the political table because our 

16   home communities count on these revenues.  And 

17   when we have our rhetoric up here -- you voted 

18   78 times to raise a tax, and you voted 32 times 

19   to raise a tax -- we destabilize our local 

20   governments, at a time when we've assessed a tax 

21   cap on them and we also haven't made any 

22   significant changes in the unfunded mandates.

23                So I support this proposal today and 

24   all the other ones.  Many of my colleagues are 

25   not going to be able to do that.  And I obviously 


                                                               3449

 1   run the risk of somebody saying, George Latimer 

 2   voted 88 times for taxes.  But if we don't get 

 3   this right, then we're playing politics with our 

 4   local governments.  

 5                And I think my suggestion should be 

 6   considered by leadership in both houses, that we 

 7   change the way we handle these bills, we 

 8   consolidate them, we do them in a spirit of 

 9   tripartisanship, if that's what it takes, and we 

10   fight about other things, but not about these 

11   things.

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Latimer to be recorded in the affirmative.

14                Announce the result.

15                THE SECRETARY:   In relation to 

16   Calendar 1184, those recorded in the negative are 

17   Senators Brooks, Kaminsky, Lanza and Murphy.  

18                Ayes, 58.  Nays, 4.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1185, by Senator Seward, Senate Print 2964, an 

23   act to amend Chapter 333 of the Laws of 2006.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               3450

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT AKSHAR:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 1185, those recorded in the negative are 

10   Senators Brooks, Kaminsky and Lanza.

11                Ayes, 59.  Nays, 3.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1186, by Senator Seward, Senate Print 2968A, an 

16   act to amend the Tax Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the results.


                                                               3451

 1                THE SECRETARY:   Ayes, 59.  Nays, 3.  

 2   Senator Brooks, Kaminsky and Lanza recorded in 

 3   the negative.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1187, by Senator Seward, Senate Print 2969, an 

 8   act to amend the Tax Law.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Announce 

17   the result.

18                THE SECRETARY:   Ayes, 59.  Nays, 3.  

19   Senators Brooks, Kaminsky and Lanza recorded in 

20   the negative.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1188, by Senator O'Mara, Senate Print 3784, an 

25   act to amend the Tax Law.


                                                               3452

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Announce 

 9   the result.

10                THE SECRETARY:   In relation to 

11   Calendar 1188, those recorded in the negative are 

12   Senators Brooks, Kaminsky, Lanza and Murphy.

13                Ayes, 58.  Nays, 4.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1189, by Senator O'Mara, Senate Print 3844, an 

18   act to amend the Tax Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3453

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the result.

 3                THE SECRETARY:   In relation to 

 4   Calendar 1189, those recorded in the negative are 

 5   Senators Brooks, Kaminsky, Lanza and Murphy.

 6                Ayes, 58.  Nays, 4.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1191, by Senator Amedore, Senate Print 3928, an 

11   act to amend the Tax Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 59.  Nays, 3.  

22   Senators Brooks, Kaminsky and Lanza recorded in 

23   the negative.

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is passed.


                                                               3454

 1                THE SECRETARY:   Calendar Number 

 2   1193, by Senator Akshar, Senate Print 4088, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Announce 

12   the result.

13                THE SECRETARY:   Ayes, 59.  Nays, 3.  

14   Senator Brooks, Kaminsky and Lanza recorded in 

15   the negative.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1194, by Senator Akshar, Senate Print 4089, an 

20   act to amend the Tax Law.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               3455

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the result.

 5                THE SECRETARY:   Ayes, 59.  Nays, 3.  

 6   Senators Brooks, Kaminsky and Lanza recorded in 

 7   the negative.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1195, by Senator Seward, Senate Print 4255, an 

12   act to amend Chapter 443 of the Laws of 2007.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 59.  Nays, 3.  

21   Senators Brooks, Kaminsky and Lanza recorded in 

22   the negative.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3456

 1   1198, by Senator Tedisco, Senate Print 4744, an 

 2   act to amend Chapter 326 of the Laws of 2006.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Announce 

11   the result.

12                THE SECRETARY:   Ayes, 59.  Nays, 3.  

13   Senators Brooks, Kaminsky and Lanza recorded in 

14   the negative.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1199, by Senator Tedisco, Senate Print 4745, an 

19   act to amend the Tax Law.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               3457

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the result.

 4                THE SECRETARY:   Ayes, 59.  Nays, 3.  

 5   Senators Brooks, Kaminsky and Lanza recorded in 

 6   the negative.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1200, by Senator Tedisco, Senate Print 4746, an 

11   act to amend the Tax Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 59.  Nays, 3.  

22   Senators Brooks, Kaminsky and Lanza recorded in 

23   the negative.

24                ACTING PRESIDENT AKSHAR:   That bill 

25   is passed.


                                                               3458

 1                THE SECRETARY:   Calendar Number 

 2   1201, by Senator Tedisco, Senate Print 4747, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Announce 

12   the result.

13                THE SECRETARY:   Ayes, 59.  Nays, 3.  

14   Senators Brooks, Kaminsky and Lanza recorded in 

15   the negative.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1202, by Senator Tedisco, Senate Print 4748, an 

20   act to amend Chapter 489 of the Laws of 2004.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               3459

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the result.

 5                THE SECRETARY:   Ayes, 59.  Nays, 3.  

 6   Senators Brooks, Kaminsky and Lanza recorded in 

 7   the negative.

 8                ACTING PRESIDENT AKSHAR:   That bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1205, by Senator Seward, Senate Print 4785, an 

12   act to amend the Tax Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Announce 

21   the result.

22                THE SECRETARY:   Ayes, 59.  Nays, 3.  

23   Senators Brooks, Kaminsky and Lanza recorded in 

24   the negative.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3460

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1208, by Senator Akshar, Senate Print 4801, an 

 4   act to amend the Tax Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Announce 

13   the result.

14                THE SECRETARY:   Ayes, 59.  Nays, 3.  

15   Senators Brooks, Kaminsky and Lanza recorded in 

16   the negative.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1209, by Senator O'Mara, Senate Print 5034, an 

21   act to amend the Tax Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3461

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 59.  Nays, 3.  

 7   Senators Brooks, Kaminsky and Lanza recorded in 

 8   the negative.

 9                ACTING PRESIDENT AKSHAR:   That bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1210, by Senator O'Mara, Senate Print 5035A, an 

13   act to amend the Tax Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Announce 

22   the result.

23                THE SECRETARY:   Ayes, 59.  Nays, 3.  

24   Senators Brooks, Kaminsky and Lanza recorded in 

25   the negative.


                                                               3462

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1212, by Senator Marchione, Senate Print 5149, an 

 5   act to amend the Tax Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Announce 

14   the result.

15                THE SECRETARY:   Ayes, 59.  Nays, 3.  

16   Senators Brooks, Kaminsky and Lanza recorded in 

17   the negative.

18                ACTING PRESIDENT AKSHAR:   That bill 

19   too is passed.

20                THE SECRETARY:   Calendar Number 

21   1230, by Senator Valesky, Senate Print 5598, an 

22   act to amend the Tax Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3463

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Announce 

 6   the result.

 7                THE SECRETARY:   Ayes, 59.  Nays, 3.  

 8   Senators Brooks, Kaminsky and Lanza recorded in 

 9   the negative.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1231, by Senator Ortt, Senate Print 5656, an act 

14   to amend the Tax Law.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the result.

24                THE SECRETARY:   Ayes, 59.  Nays, 3.  

25   Senators Brooks, Kaminsky and Lanza recorded in 


                                                               3464

 1   the negative.

 2                ACTING PRESIDENT AKSHAR:   That bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1232, by Senator Ortt, Senate Print 5657, an act 

 6   to amend the Tax Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the result.

16                THE SECRETARY:   Ayes, 59.  Nays, 3.  

17   Senators Brooks, Kaminsky and Lanza recorded in 

18   the negative.

19                ACTING PRESIDENT AKSHAR:   That bill 

20   too is passed.

21                THE SECRETARY:   Calendar Number 

22   1259, by Senator Golden, Senate Print 1637, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               3465

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT AKSHAR:   Announce 

 7   the result.

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1286, by Senator Golden, Senate Print 813, an act 

13   to amend the Public Authorities Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Announce 

22   the result.

23                THE SECRETARY:   In relation to 

24   Calendar 1286, those recorded in the negative are 

25   Senators Bailey, Benjamin, Comrie, Hoylman, 


                                                               3466

 1   Krueger, Montgomery, Parker, Persaud, Rivera, 

 2   Sanders, Serrano, Squadron and Stavisky.  Also 

 3   Senator Dilan.

 4                Ayes, 48.  Nays, 14.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1289, by Senator Ritchie, Senate Print 3022, an 

 9   act to amend the Public Authorities Law.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT AKSHAR:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT AKSHAR:   Announce 

18   the result.

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1304, by Senator Kennedy, Senate Print 673, an 

24   act to amend the Penal Law.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               3467

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect on the first of November.

 4                ACTING PRESIDENT AKSHAR:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT AKSHAR:   Announce 

 8   the result.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1332, by Senator Larkin, Senate Print 4479, an 

14   act to amend the Retirement and Social Security 

15   Law.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Announce 

24   the result.

25                THE SECRETARY:   Ayes, 62.


                                                               3468

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1388, by Senator Marcellino, Senate Print 1178, 

 5   an act to amend the Penal Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Benjamin to explain your vote.

15                SENATOR BENJAMIN:   One of the 

16   things that I'm very concerned about, and have 

17   been for a long time, is nonviolent offenses 

18   being treated as if they were violent.  This 

19   bill, in my opinion, does such a thing.  

20                And so I -- as the first time I'm 

21   speaking on the floor, I wanted to be very clear 

22   that mass incarceration is a very big concern.  

23   Folks who are not threats to society should not 

24   be treated as if they are threats to society.

25                And I think this bill does that, and 


                                                               3469

 1   I think it unnecessarily harms a lot of families 

 2   in our community.  So I will vote no.

 3                Thank you.

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Benjamin to be recorded in the negative.

 6                Announce the result.

 7                THE SECRETARY:   In relation to 

 8   Calendar 1388, those recorded in the negative are 

 9   Senators Alcantara, Bailey, Benjamin, Comrie, 

10   Dilan, Gianaris, Hamilton, Hoylman, Krueger, 

11   Montgomery, Parker, Peralta, Persaud, Rivera, 

12   Sanders, Serrano, Squadron and Stavisky.  

13                Ayes, 44.  Nays, 18.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1389, by Senator Valesky, Senate Print 1237, an 

18   act to amend the State Administrative Procedure 

19   Act.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 11.  This 

23   act shall take effect on the 120th day.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               3470

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the result.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1393, by Senator Avella, Senate Print 1266, an 

 9   act to amend the Administrative Code of the City 

10   of New York.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Senator 

19   Hoylman to explain his vote.

20                SENATOR HOYLMAN:   Thank you, 

21   Mr. President.

22                I don't know about you; I'm 

23   positively giddy after having raised all those 

24   local taxes earlier in the session.  But today, 

25   though, this bill would result in a $30 million 


                                                               3471

 1   annual hit to the City of New York, so I'll be 

 2   voting in the negative.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Hoylman to be recorded in the negative.

 6                Senator Avella to explain his vote.

 7                SENATOR AVELLA:   Thank you, 

 8   Mr. President.  Obviously, I rise in support of 

 9   my own bill.

10                I just want to make a couple of 

11   comments.  And I'm glad to hear that the figure 

12   being tossed around by the City of New York about 

13   what this would cost in revenue is somewhere 

14   between $27 million and $37 million, which is a 

15   much lower figure than the city has ever admitted 

16   before.  

17                But this is not a loss of revenue, 

18   this is a savings to the ratepayers, who are 

19   paying some of the highest water and sewer rates 

20   in the State of New York.  In fact, many 

21   homeowners complain that second to the property 

22   tax in the City of New York, this is the highest 

23   tax that they pay.

24                I hate to admit my age, but I was 

25   around when the City of New York instituted the 


                                                               3472

 1   water and sewer program.  And the whole purpose 

 2   of the program was to get people to conserve 

 3   water, not to raise revenue.  And what they do by 

 4   charging a minimum amount is raising revenue.

 5                It's actually based on 100 gallons 

 6   of water a day, and many seniors, many people 

 7   living alone never reach that amount of water.  

 8                So this would make sure that people 

 9   pay for the amount of water that they use.  And 

10   it would be a huge saving to seniors, to working 

11   families and the middle class, and I urge my 

12   colleagues to vote for it as they have in the 

13   past.

14                ACTING PRESIDENT AKSHAR:   Senator 

15   Avella to be recorded in the affirmative.

16                Senator Savino to explain her vote.

17                SENATOR SAVINO:   Thank you, 

18   Mr. President.

19                I want to thank Senator Avella for 

20   introducing this piece of legislation.  And I'd 

21   just like to say every now and then as members we 

22   get to be our own constituent.  And I myself am a 

23   constituent today.  I am a homeowner in the City 

24   of New York.  And as a single person, I myself 

25   never use the minimum water rate.  


                                                               3473

 1                So I am overpaying the City of 

 2   New York for that water, so I want to thank 

 3   Senator Avella for introducing this bill so that 

 4   I can get a little bit of relief from the City of 

 5   New York that's been picking my pocket and the 

 6   pockets of many of my constituents, both in 

 7   Brooklyn and in Staten Island and across all of 

 8   New York City.  If you're a homeowner in New York 

 9   City and you are a single individual or you're a 

10   senior, you are being taken to the cleaners on 

11   this water and sewer rate.  

12                So I want to thank you, Senator 

13   Avella, and if I lived in your district, I would 

14   vote for you.  Thank you, Mr. President.  

15                (Laughter.)

16                ACTING PRESIDENT AKSHAR:   Senator 

17   Savino is buying lunch with the money saved, and 

18   she will be recorded in the affirmative.

19                Senator Alcantara to explain her 

20   vote.

21                SENATOR ALCANTARA:   Yes, I rise in 

22   support of my colleague Senator Avella.  

23                For those of us that are union 

24   organizers, we know thousands of transit workers, 

25   police officers, nurses, teachers and regular 


                                                               3474

 1   everyday New Yorkers that live in the City of 

 2   New York, and we know how hard it is to pay all 

 3   the high taxes you have in the City of New York.  

 4   And this is an added burden that the people in 

 5   the City of New York don't need.

 6                I'm a homeowner in Manhattan, and I 

 7   know how expensive it is to just try to keep up 

 8   with the tickets I get from Sanitation, from 

 9   NYPD, from anybody.  And as we try to keep city 

10   workers in the State of New York, we are trying 

11   to keep working-class New Yorkers in the State of 

12   New York, in the City of New York, this is the 

13   kind of legislation that we need to help 

14   working-class New Yorkers.  And we need to 

15   concentrate on our brothers and sisters that live 

16   in the Bronx, that live in Queens, that are 

17   homeowners, that are robbing Peter to pay Paul.  

18                Thank you, Senator Avella, for 

19   introducing this, and thank you for sticking up 

20   for everyday New Yorkers.

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Alcantara to be recorded in the affirmative.

23                Senator Comrie to explain his vote.

24                SENATOR COMRIE:   I'm going to be 

25   voting against this bill.  


                                                               3475

 1                As a representative of Southeast 

 2   Queens -- Laurelton, St. Albans, Cambria Heights, 

 3   Hollis, parts of Springfield Gardens, Jamaica, 

 4   Queens Village -- we have some of the highest 

 5   issues regarding water repair and sewer repair in 

 6   the city.  And we cannot afford to lose this 

 7   revenue when we're trying to build water mains 

 8   and maintain water mains.  When we have water 

 9   breaks all over the city on a regular basis due 

10   to aging infrastructure, the city needs its 

11   revenue.  

12                While I understand as a homeowner 

13   myself where we have problems with harassment 

14   from tickets and everything else, and we are 

15   trying to make sure that the water rate is 

16   capped, it's important that we still have an 

17   opportunity to improve our infrastructure.  Every 

18   day you see in the paper or hear on the news 

19   about a water-pipe break in the city.  But in 

20   Southeast Queens, we have a problem with water 

21   distribution and especially with the sewer water, 

22   getting the water out and handled in a proper way 

23   and in a safe way.

24                We need to continue to ensure that 

25   we maintain our infrastructure.  Those of you 


                                                               3476

 1   that are dealing with transportation in 

 2   Long Island and throughout the state because 

 3   we're not maintaining the infrastructure of the 

 4   trains will have a horrible summer this summer 

 5   because we're not keeping up with infrastructure 

 6   maintenance.  

 7                This money will go to the 

 8   maintenance of the sewer system infrastructure, 

 9   which we sorely need to keep up with, and we're 

10   already way behind in this city.  I'll be voting 

11   no on this bill.  We can't afford to lose the 

12   $30 million.

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Comrie to be recorded in the negative.

15                Senator Sanders to explain his vote.

16                SENATOR SANDERS:   Thank you, 

17   Mr. President.  

18                I too have to join my colleague in 

19   Southeast Queens and say that even as we were up 

20   here, my friends, my neighbors in the Rockaways 

21   were going through a terrible situation where the 

22   water mains had broken and there was brown water 

23   for tens of thousands of people, and this went on 

24   for two or three days.  

25                So it is a curious point that this 


                                                               3477

 1   bill has come up at a time when my very 

 2   residents are saying that they have to boil their 

 3   water and have to strain their water and there is 

 4   questions of how safe the water is.

 5                Our infrastructure -- in America as 

 6   a whole, we have not invested in infrastructure.  

 7   This is one of the points of agreement that I 

 8   have with our president, where we should be 

 9   investing in infrastructure.  We can argue what 

10   he means by that, but I certainly know that we 

11   need to invest.  So any idea of taking money out 

12   of the system that is investing in these is not a 

13   smart move.  It's not a good move at this time.

14                So on behalf of all of my residents 

15   who have undergone such problems and the other 

16   residents of our good district in Southeast 

17   Queens, I'm going to have to vote no on this.

18                Thank you very much, sir.

19                ACTING PRESIDENT AKSHAR:   Senator 

20   Sanders to be recorded in the negative.

21                Seeing no other members wishing to 

22   be heard, announce the result.

23                THE SECRETARY:   In relation to 

24   Calendar 1393, those recorded in the negative are 

25   Senators Bailey, Comrie, Dilan, Gianaris, 


                                                               3478

 1   Hoylman, Krueger, Montgomery, Murphy, O'Mara, 

 2   Peralta, Persaud, Ranzenhofer, Rivera, Sanders, 

 3   Serrano and Squadron.  Also Senator Díaz.  Also 

 4   Senator Tedisco.  Also Senator Stewart-Cousins.

 5                Ayes, 43.  Nays, 19.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1397, by Senator Ritchie, Senate Print 1469, an 

10   act to amend the Education Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the result.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1398, by Senator Avella, Senate Print 1518A, an 

25   act authorizing.


                                                               3479

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Announce 

 9   the result.

10                THE SECRETARY:   Ayes, 61.  Nays, 1.  

11   Senator Dilan recorded in the negative.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1416, by Senator LaValle, Senate Print 2232, an 

16   act to amend the Education Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the result.


                                                               3480

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1435, by Senator Parker, Senate Print 2847, an 

 6   act to establish.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the result.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1436, by Senator Young, Senate Print 2900, an act 

21   to amend the Agriculture and Markets Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3481

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 60.  Nays, 2.  

 7   Senators Hoylman and Krueger recorded in the 

 8   negative.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1449, by Senator Breslin, Senate Print 3527, an 

13   act to amend the Highway Law.

14                ACTING PRESIDENT AKSHAR:   There is 

15   a home-rule message at the desk.

16                Read the last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the result.

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3482

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1455, by Senator Murphy, Senate Print 3927, an 

 4   act to validate.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Announce 

13   the result.

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1460, by Senator Krueger, Senate Print 4000, an 

19   act to amend the Public Health Law.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               3483

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the result.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1496, by Senator Klein, Senate Print 5970, an act 

 9   to amend the Insurance Law.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect on the 180th day.

14                ACTING PRESIDENT AKSHAR:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT AKSHAR:   Announce 

18   the results.

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1501, by Senator Lanza, Senate Print 6303, an act 

24   to amend the Public Authorities Law.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               3484

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT AKSHAR:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT AKSHAR:   Announce 

 8   the result.

 9                THE SECRETARY:   Ayes, 60.  Nays, 2.  

10   Senators Dilan and Squadron recorded in the 

11   negative.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1505, by Senator Marchione, Senate Print 6565, an 

16   act to amend the Agriculture and Markets Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 5.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the results.


                                                               3485

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                Senator DeFrancisco, that completes 

 5   the noncontroversial reading of the calendar.

 6                SENATOR DeFRANCISCO:   Okay, I have 

 7   an announcement at this moment.  First of all, 

 8   I'm going to call an immediate meeting of the 

 9   Rules Committee where there's only 16 bills on.  

10   Then after that, we're going to come back to do a 

11   supplemental calendar, which I believe is going 

12   to be noncontroversial, with three bills on it:  

13   Senator Stewart-Cousins, 1759; Stavisky, 4174; 

14   and Montgomery, 3739.

15                After that when we come back, I will 

16   be adjourning till tomorrow at 11:00 a.m., so you 

17   can plan your day accordingly.  

18                So right now I call an immediate 

19   meeting of the Rules Committee in Room 332 of the 

20   Capitol.  And again, as I always do, I would urge 

21   everyone to be there as expeditiously as possible 

22   so that we can start and finish.

23                ACTING PRESIDENT AKSHAR:   There 

24   will be an immediate meeting of the Rules 

25   Committee in Room 332 of the Capitol.  


                                                               3486

 1                The Senate will stand at ease in the 

 2   interim.

 3                (Whereupon, the Senate stood at ease 

 4   at 2:45 p.m.)

 5                (Whereupon, the Senate reconvened at 

 6   3:04 p.m.)

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes.

10                ACTING PRESIDENT AKSHAR:   Can I 

11   have some order in the house, please.

12                SENATOR DeFRANCISCO:   Is there a 

13   report of the Rules Committee at the desk?  

14                ACTING PRESIDENT AKSHAR:   There is.  

15   The Secretary will read.

16                THE SECRETARY:   Senator Flanagan, 

17   from the Committee on Rules, reports the 

18   following bills:  

19                Senate Print 1246, by Senator 

20   Valesky, an act to amend the Public Health Law; 

21                Senate 3103, by Senator Serrano, an 

22   act to direct; 

23                Senate 3338, by Senator Bailey, an 

24   act to amend the Executive Law; 

25                Senate 3721, by Senator Golden, an 


                                                               3487

 1   act to amend the Public Authorities Law; 

 2                Senate 3982, by Senator Montgomery, 

 3   an act to amend the Executive Law; 

 4                Senate 4711, by Senator Klein, an 

 5   act to amend the General Business Law; 

 6                Senate 6243, by Senator Bonacic, an 

 7   act to amend the Tax Law; 

 8                Senate 6309, by Senator Phillips, an 

 9   act to amend the Public Authorities Law; 

10                Senate 6429, by Senator Carlucci, an 

11   act to amend the Tax Law; 

12                Senate 6437, by Senator Phillips, an 

13   act to repeal; 

14                Senate 6456A, by Senator Robach, an 

15   act to amend the Vehicle and Traffic Law; 

16                Senate 6523, by Senator Robach, an 

17   act to amend the Vehicle and Traffic Law; 

18                Senate 6550, by Senator Golden, an 

19   act to amend the General Municipal Law; 

20                Senate 6561, by Senator Bonacic, an 

21   act in relation to; and 

22                Senate 6588, by Senator Klein, an 

23   act to amend Chapter 91 of the Laws of 2002.

24                All bills reported direct to third 

25   reading.


                                                               3488

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   DeFrancisco.

 3                SENATOR DeFRANCISCO:   I move to 

 4   accept the report of the Rules Committee.

 5                ACTING PRESIDENT AKSHAR:   All in 

 6   favor of accepting the report of the Rules 

 7   Committee signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT AKSHAR:   Opposed, 

10   nay.

11                (No response.)

12                ACTING PRESIDENT AKSHAR:   The 

13   report is accepted.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   There's a 

16   supplemental active calendar at the desk 

17   comprised of three bills.  Could we take that up, 

18   please.

19                ACTING PRESIDENT AKSHAR:   The 

20   Secretary will read.

21                THE SECRETARY:   On page 7, Senator 

22   Stewart-Cousins moves to discharge, from the 

23   Committee on Local Government, Assembly Bill 

24   Number 6389 and substitute it for the identical 

25   Senate Bill 1759, Third Reading Calendar 124.


                                                               3489

 1                ACTING PRESIDENT AKSHAR:   The 

 2   substitution is so ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   124, by Member of the Assembly Pretlow, Assembly 

 6   Print 6389, an act to amend the Local Finance 

 7   Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1099, by Senator Stavisky, Senate Print 4174, an 

22   act to amend the General Municipal Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3490

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Stavisky to explain her vote.

 7                SENATOR STAVISKY:   Thank you, 

 8   Mr. President, to explain my vote.  

 9                I just want to thank the Young 

10   Israel of Forest Hills Senior League for bringing 

11   the issue of limited bingo operations.  These are 

12   free bingo programs that they have at senior 

13   centers, and I vote in the affirmative.

14                But I do thank the Senior League for 

15   bringing this issue, because it affects any 

16   not-for-profit senior center that has these 

17   programs.  It just allows them to have additional 

18   ones during the week.

19                Thank you.  

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Stavisky to be recorded in the affirmative.

22                Announce the result.

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is passed.


                                                               3491

 1                THE SECRETARY:   Calendar Number 

 2   1171, by Senator Montgomery, Senate Print 3739, 

 3   an act to amend the Education Law.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 120th day.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Announce 

12   the result.

13                THE SECRETARY:   In relation to 

14   Calendar 1171, those recorded in the negative are 

15   Senators Amedore, Croci and Murphy.  Also Senator 

16   Ranzenhofer.  Also Senator Helming.  

17                Ayes, 57.  Nays, 5.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                Senator DeFrancisco, that completes 

21   the supplemental calendar.

22                SENATOR DeFRANCISCO:   There will be 

23   a Mental Health Committee meeting immediately 

24   following session in Room 816 of the LOB.  

25                Is there any further business at the 


                                                               3492

 1   desk?  

 2                ACTING PRESIDENT AKSHAR:   There is 

 3   no further business at the desk.

 4                SENATOR DeFRANCISCO:   Then I move 

 5   to adjourn until Thursday, June 8th, at 

 6   11:00 a.m.

 7                ACTING PRESIDENT AKSHAR:   On 

 8   motion, the Senate stands adjourned until 

 9   Thursday, June 8th, at 11:00 a.m.

10                (Whereupon, at 3:09 p.m., the Senate 

11   adjourned.)

12

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