Monday, May 16, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 16, 2005 11 3:10 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 afternoon -- no surprise -- to give the 11 invocation is our friend and colleague the 12 Reverend Peter G. Young, from Blessed 13 Sacrament Church in Bolton Landing, New York. 14 Reverend Young. 15 REVEREND YOUNG: Let us pray. 16 Dear God, please enter my mind, my 17 body and my soul and walk with me through this 18 day. Rid me of the bondage of 19 self-centeredness, selfishness, resentments 20 and self-pity. Rid me of fear and strengthen 21 my faith. Give me a knowledge of Your will 22 for me and the power then to carry it out. 23 Take my will and my life, dear God. 24 Let me live this day the way that You would 25 want me to live. Let me think the way that

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(518) 371-8910 1 You would want me to think. Let me act the 2 way that You would want me to act. Let me be 3 an instrument of Your love, Your peace and 4 Your grace as a New York State Senator. 5 Amen. 6 THE PRESIDENT: Reading of the 7 Journal. 8 THE SECRETARY: In Senate, 9 Sunday, May 15, the Senate met pursuant to 10 adjournment. The Journal of Saturday, May 14, 11 was read and approved. On motion, Senate 12 adjourned. 13 THE PRESIDENT: Without 14 objection, the Journal stands approved as 15 read. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Thank you,

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(518) 371-8910 1 Madam President. 2 On behalf of Senator Saland, on 3 page number 32 I offer the following 4 amendments to Calendar Number 484, Senate 5 Print Number 2501, and ask that said bill 6 retain its place on Third Reading Calendar. 7 THE PRESIDENT: The amendments 8 are received, and the bill will retain its 9 place on the Third Reading Calendar. 10 SENATOR FUSCHILLO: Madam 11 President, on behalf of Senator LaValle, on 12 page number 25 I offer the following 13 amendments to Calendar Number 328, Senate 14 Print Number 1092, and ask that said bill 15 retain its place on Third Reading Calendar. 16 THE PRESIDENT: The amendments 17 are received, and the bill will retain its 18 place on the Third Reading Calendar. 19 SENATOR FUSCHILLO: Madam 20 President, on behalf of Senator Seward, on 21 page 19 I offer the following amendments to 22 Calendar 135, Senate Print Number 593, and ask 23 that said bill retain its place on Third 24 Reading Calendar. 25 THE PRESIDENT: The amendments

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(518) 371-8910 1 are also received, and that bill will also 2 retain its place on the Third Reading 3 Calendar. 4 SENATOR FUSCHILLO: Madam 5 President, I wish to call up Senate Print 6 Number 2197, recalled from the Assembly, which 7 is now at the desk. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Calendar Number 11 288, by Senator Golden, Senate Print 2197, an 12 act to amend the General Business Law. 13 THE PRESIDENT: Senator 14 Fuschillo. 15 SENATOR FUSCHILLO: I now move to 16 reconsider the vote by which the bill was 17 passed. 18 THE PRESIDENT: The Secretary 19 will call the roll upon reconsideration. 20 (The Secretary called the roll.) 21 SENATOR FUSCHILLO: I now offer 22 the following amendments. 23 THE PRESIDENT: Amendments 24 received. 25 SENATOR FUSCHILLO: Thank you.

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(518) 371-8910 1 THE PRESIDENT: Senator Bruno. 2 SENATOR BRUNO: Madam President 3 and colleagues, this is our first session 4 where we will be joined by our newest Senator, 5 Senator Cathy Young, who joins us from the 6 Assembly. 7 And all of us here, all of us here 8 presently are happy to have her here in the 9 chamber with us. 10 And having said that, there are 11 some announcements that we're making having to 12 do with chairs of committee. Cathy will chair 13 Agriculture. And we are handing that up, 14 along with the committee assignments, and ask 15 that they be filed in the Journal. 16 THE PRESIDENT: They will be 17 filed in the Journal, Senator. 18 SENATOR BRUNO: Thank you. 19 And Senator Paterson, Madam 20 President. 21 THE PRESIDENT: Senator Paterson. 22 SENATOR PATERSON: Thank you, 23 Madam President. 24 I'd like to officially welcome 25 Senator Young to the chamber.

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(518) 371-8910 1 I hope that on the other side of 2 the aisle that they've pointed out that when 3 we have our fast roll call here, we have the 4 two leaders, the Deputy Majority Leader, the 5 chair of the Finance Committee, and the first 6 and last names in the alphabet. That's the 7 fast roll call. And by my calculation, 8 Senator Young may succeed Senator Wright as 9 being the last name called on the fast roll 10 call. 11 So it just shows that I'm trying to 12 help out in the process every way I can. In 13 fact, the way I helped out in the process is 14 the reason Senator Young is here. So I think 15 I deserve some congratulations as well. 16 (Laughter.) 17 SENATOR PATERSON: Thank you. 18 THE PRESIDENT: Senator Young, as 19 my friend and colleague, I would like to also 20 congratulate you. I was delighted to hear, as 21 I came in for session, that you'd just been 22 sworn in. 23 Welcome aboard. Congratulations. 24 Senator Bruno. 25 SENATOR BRUNO: Madam President,

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(518) 371-8910 1 are there any substitutions, other than for 2 Senator Young, at the desk? 3 THE PRESIDENT: Yes, there are, 4 Senator. 5 SENATOR BRUNO: There are. Can 6 we make those at this time. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: On page 4, 10 Senator Oppenheimer moves to discharge, from 11 the Committee on Corporations, Authorities and 12 Commissions, Assembly Bill Number 2619 and 13 substitute it for the identical Senate Bill 14 Number 1419, First Report Calendar 924. 15 On page 5, Senator Stachowski moves 16 to discharge, from the Committee on Local 17 Government, Assembly Bill Number 876 and 18 substitute it for the identical Senate Bill 19 Number 338, First Report Calendar 932. 20 On page 5, Senator Valesky moves to 21 discharge, from the Committee on Local 22 Government, Assembly Bill Number 3652 and 23 substitute it for the identical Senate Bill 24 Number 1738, First Report Calendar 937. 25 On page 5, Senator Alesi moves to

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(518) 371-8910 1 discharge, from the Committee on Local 2 Government, Assembly Bill Number 6853 and 3 substitute it for the identical Senate Bill 4 Number 3587, First Report Calendar 941. 5 On page 7, Senator Little moves to 6 discharge, from the Committee on Local 7 Government, Assembly Bill Number 1351 and 8 substitute it for the identical Senate Bill 9 Number 4909, First Report Calendar 954. 10 On page 7, Senator Bonacic moves to 11 discharge, from the Committee on Local 12 Government, Assembly Bill Number 1683 and 13 substitute it for the identical Senate Bill 14 Number 5126, First Report Calendar 958. 15 On page 8, Senator Bonacic moves to 16 discharge, from the Committee on Local 17 Government, Assembly Bill Number 7625A and 18 substitute it for the identical Senate Bill 19 Number 5218A, First Report Calendar 965. 20 And on page 33, Senator Marchi 21 moves to discharge, from the Committee on 22 Investigations and Government Operations, 23 Assembly Bill Number 3469 and substitute it 24 for the identical Senate Bill Number 2430, 25 Third Reading Calendar 497.

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(518) 371-8910 1 THE PRESIDENT: Substitutions 2 ordered. 3 Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 at this time could we have Resolution 1805, by 6 Senator Nozzolio, which was previously 7 adopted, read in its entirety. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: By Senator 11 Nozzolio, Legislative Resolution Number 1805, 12 congratulating the Sodus High School Boys 13 Basketball Team and Coach Jim Sergeant upon 14 the occasion of capturing the New York State 15 Class C State Championship. 16 "WHEREAS, Excellence and success in 17 competitive sports can be achieved only 18 through strenuous practice, team play and team 19 spirit, nurtured by dedicated coaching and 20 strategic planning; and 21 "WHEREAS, Athletic competition 22 enhances the moral and physical development of 23 the young people of this state, preparing them 24 for the future by instilling in them the value 25 of teamwork, encouraging a standard of healthy

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(518) 371-8910 1 living, imparting a desire for success, and 2 developing a sense of fair play and 3 competition; and 4 "WHEREAS, This Legislative Body is 5 justly proud to congratulate the Sodus High 6 School Boys Basketball Team and Coach Jim 7 Sergeant upon the occasion of capturing the 8 New York State Class C State Championship, 9 held Saturday, March 12, 2005, at the Glens 10 Falls Civic Center; and 11 "WHEREAS, The Sodus Boys Basketball 12 Team are the New York State Class C State 13 Champions; and 14 "WHEREAS, It was the end of a long 15 run for the Sodus Spartans, who went as far as 16 they could and finished with a season of 17 perfection; and 18 "WHEREAS, The Sodus Boys Basketball 19 Team defeated Faith Heritage by a score of 20 76-65. The victory gave the Spartans its 21 first state title in its initial 22 state-tournament appearance, and it climaxed a 23 perfect 27-0 season; and 24 "WHEREAS, The athletic talent 25 displayed by this team is due in great part to

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(518) 371-8910 1 the efforts of Coach Jim Sergeant, a skilled 2 and inspirational tutor, respected for his 3 ability to develop potential into excellence; 4 and 5 "WHEREAS, The team's overall record 6 is outstanding, and the team members were 7 loyally and enthusiastically supported by 8 family, fans, friends and the community at 9 large; and 10 "WHEREAS, The hallmarks of the 11 Sodus Boys Basketball Team, from the opening 12 game of the season to participation in the 13 championship, were a brotherhood of athletic 14 ability, of good sportsmanship, or honor and 15 of scholarship, demonstrating that these team 16 players are second to none; and 17 "WHEREAS, Athletically and 18 academically, the team members have proven 19 themselves to be an unbeatable combination of 20 talents, reflecting favorably on their school; 21 and 22 "WHEREAS, Coach Jim Sergeant has 23 done a superb job in guiding, molding and 24 inspiring the team members toward their goals; 25 and

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(518) 371-8910 1 "WHEREAS, Sports competition 2 instills the values of teamwork, pride and 3 accomplishment, and Coach Jim Sergeant and his 4 outstanding athletes have clearly made a 5 contribution to the spirit of excellence which 6 is a tradition of their school; now, 7 therefore, be it 8 "RESOLVED, That this Legislative 9 Body pause in its deliberations to 10 congratulate the Sodus Boys Basketball Team, 11 its members -- Greg Logins, Hauke Bruns, 12 Dennis Gorobtschuk, Devin Wright, Roderick 13 Johnson, Antonio Parker, Robert McDowell, 14 Jerek Konikiewicz, Matt Sombathy, Paul 15 Morales, Brian Hanagan, Lionel Webber, Jeff 16 Kuhn, Johnny McCray, and Emanuel Reaves -- and 17 Coaches Jim Sergeant, Bob Miranda, and Al 18 Granger on their outstanding season and 19 overall team record; and be it further 20 "RESOLVED, That copies of this 21 resolution, suitably engrossed, be transmitted 22 to the Sodus Boys Basketball Team and to the 23 aforementioned coaches." 24 THE PRESIDENT: Senator Nozzolio. 25 SENATOR NOZZOLIO: Madam

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(518) 371-8910 1 President, I have another privileged 2 resolution at the desk. I ask that it be read 3 in its entirety, and then I wish to speak on 4 both of them. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: By Senator 8 Nozzolio, Legislative Resolution Number 1806, 9 congratulating the Palmyra-Macedon Boys 10 Basketball Team and Coach John "Chip" Tatro 11 upon the occasion of capturing the New York 12 State Class B Championship. 13 "WHEREAS, Excellence and success in 14 competitive sports can be achieved only 15 through strenuous practice, team play and team 16 spirit, nurtured by dedicated coaching and 17 strategic planning; and 18 "WHEREAS, Athletic competition 19 enhances the moral and physical development of 20 the young people of this state, preparing them 21 for the future by instilling in them the value 22 of teamwork, encouraging a standard of healthy 23 living, imparting a desire for success and 24 developing a sense of fair play and 25 competition; and

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(518) 371-8910 1 "WHEREAS, The Palmyra-Macedon Boys 2 Basketball Team are the New York State Class B 3 Champions; and 4 "WHEREAS, On Friday, March 11, 5 2005, the Palmyra-Macedon Boys Basketball Team 6 narrowly escaped the Class B semifinals with a 7 victory against Voorheesville. The final 8 score was 30-28; and 9 "WHEREAS, The next day, the Red 10 Raiders won their first state title with a 11 57-47 triumph over Carle Place; and 12 "WHEREAS, The athletic talent 13 displayed by this team is due in great part to 14 the efforts of Coach John 'Chip' Tatro, a 15 skilled and inspirational tutor, respected for 16 his ability to develop potential into 17 excellence; and 18 "WHEREAS, The team's overall record 19 is outstanding, and the team members were 20 loyally and enthusiastically supported by 21 family, fans, friends and the community at 22 large; and 23 "WHEREAS, The hallmarks of the 24 Palmyra-Macedon Boys Basketball Team, from the 25 opening game of the season to participation in

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(518) 371-8910 1 the championship, were a brotherhood of 2 athletic ability, of good sportsmanship, and 3 honor and of scholarship, demonstrating that 4 these team players are second to none; and 5 "WHEREAS, Athletically and 6 academically, the team members have proven 7 themselves to be an unbeatable combination of 8 talents, reflecting favorably on their school; 9 and 10 "WHEREAS, Coach John 'Chip' Tatro 11 has done a superb job in guiding, molding and 12 inspiring the team members toward their goals; 13 and 14 "WHEREAS, Sports competition 15 instills the values of teamwork, pride and 16 accomplishment, and Coach John 'Chip' Tatro 17 and these outstanding athletes have clearly 18 made a contribution to the spirit of 19 excellence which is a tradition of their 20 school; now, therefore, be it 21 "RESOLVED, That this Legislative 22 Body pause in its deliberations to 23 congratulate the Palmyra-Macedon Boys 24 Basketball Team, its members -- Michael Beck, 25 Jared Boisvert, Jason Clair, Johnathan

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(518) 371-8910 1 Denniston, Daniel Gorman, Anthony Hall, Adam 2 Husk, Sean McGinn, Christopher Milke, Timothy 3 Patchett, Todd Piccola, Christopher Timbs, and 4 Andrew Weaver -- and Coaches John 'Chip' 5 Tatro, Joe Hill, Cory Houser, Craig Ikewood, 6 and Nate Kenyon on their outstanding season 7 and overall team record; and be it further 8 "RESOLVED, That copies of this 9 resolution, suitably engrossed, be transmitted 10 to the Palmyra-Macedon Boys Basketball Team 11 and to the aforementioned coaches." 12 THE PRESIDENT: Senator Nozzolio. 13 SENATOR NOZZOLIO: Thank you, 14 Madam President. On the resolutions. 15 I rise in support of the 16 resolutions, to congratulate two fine 17 communities for raising two groups of fine 18 young men. 19 It's unusual for any community to 20 have a state champion in its midst at any 21 levels of competition. But Wayne County, a 22 county of about a hundred thousand people, has 23 not one but two basketball state champions 24 that we are honoring here today -- the Sodus 25 Boys Basketball Team, winners of the New York

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(518) 371-8910 1 State Class C Championship, and the 2 Palmyra-Macedon Boys Basketball Team, 3 victorious as Class B State Champions. Two 4 communities within a few miles apart in the 5 same county, both raising great basketball 6 players but, more importantly, raising great 7 community leaders. 8 I'm extremely appreciative of the 9 coaching staffs, Jim Sergeant and Bob Miranda 10 from Sodus and John "Chip" Tatro and Joe Hill 11 from Palmyra-Macedon, for being here today. 12 Also, a longstanding superintendent 13 in the Palmyra-Macedon community is retiring 14 this year after many years of great service to 15 Palmyra-Macedon, Dr. Jim Tobin, who's here. 16 Coincidentally, he's also a former classmate 17 of Senator Alesi, my colleague from Rochester. 18 Fred Ciaburri, director of 19 athletics; Barbara Persia, high school 20 principal; and Paul Maier, who came here as a 21 chaperone and driver to be here with the young 22 men as they are being honored for this 23 significant accomplishment. 24 Sodus, a very significant 25 accomplishment, undefeated 27-0. They beat,

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(518) 371-8910 1 I'm very pleased to say -- although he's not 2 in the chamber to defend himself -- they beat 3 Faith Heritage High School in Senator John 4 DeFrancisco's district. I'm very pleased 5 about that, and I appreciate their great 6 success. It's all our communities' success. 7 Palmyra-Macedon, outstanding 8 season. The first time a school championship 9 had been achieved by that team. They had a 10 tough road through the semis but cleaned the 11 clock, absolutely cleaned the clock in the 12 finals of Carle Place. 13 Now, Carle Place is represented by 14 my great friend and esteemed colleague Senator 15 Balboni. 16 But I'm extremely pleased and must 17 point out that Carle Place is the alma mater 18 of my fantastic friend in the Senate, 19 Senator -- he tried to intimidate me, but his 20 school was intimidated by my 21 Palmyra-Macedon -- Senator Chuck Fuschillo, 22 who is an alumni, class of '78, of Carle 23 Place, a member of the varsity team in his 24 day. 25 But I'm very pleased that you saw

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(518) 371-8910 1 the light when you played Palmyra-Macedon. 2 Ladies and gentlemen, we're here to 3 recognize athletic accomplishment, but, more 4 importantly, we're here because these fine 5 young men have demonstrated leadership 6 ability, have been great representatives of 7 their community, have been wonderful teammates 8 and understand the value of teamwork. 9 For that, Madam President, that's 10 why we are recognizing these fine athletes and 11 fine young men from a great community. 12 Assemblyman Oaks, who has also joined us in 13 this recognition, shares my sentiments here. 14 We're very pleased to be hosting such fine 15 community leaders. 16 Thank you, Madam President. 17 THE PRESIDENT: Senator Balboni. 18 SENATOR BALBONI: You know, Madam 19 President, a couple of years ago if someone 20 had gotten up and talked about how they 21 shellacked one of the teams in my district, 22 that would have really frosted my cupcakes. 23 But you know what? Lately I've 24 come to see the beauty and the talent all over 25 this great state, and all the wonderful people

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(518) 371-8910 1 in it. 2 And therefore I'd just like to say 3 how proud I am of your teams' accomplishments 4 and what a wonderful job they've done, and 5 we'll get you next year. 6 (Laughter.) 7 THE PRESIDENT: Both of the 8 previous resolutions were adopted on May 10. 9 Congratulations and best wishes for 10 similar success in all your endeavors. 11 (Applause.) 12 THE PRESIDENT: Senator Skelos. 13 SENATOR SKELOS: Madam President, 14 if we could go to the noncontroversial reading 15 of the calendar. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 37, by Senator Larkin, Senate Print 853, an 20 act to amend the General Municipal Law, in 21 relation to authorizing industrial development 22 agencies. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 5. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. Nays, 5 1. Senator Duane recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 120, by Senator Maziarz, Senate Print 976A, an 10 act to amend the Highway Law, in relation to 11 extending the Niagara Wine Trail. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 339, by Senator Skelos, Senate Print 2724, an 23 act to amend the Penal Law, in relation to 24 failure to report a sexual assault of a child. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. Nays, 8 1. Senator Montgomery recorded in the 9 negative. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 341, by Senator Spano, Senate Print 28 -- 14 SENATOR SKELOS: Lay it aside for 15 the day. 16 THE PRESIDENT: The bill is laid 17 aside for the day. 18 THE SECRETARY: Calendar Number 19 346, by Senator Bruno, Senate Print 3226, an 20 act to amend the Penal Law and the Highway 21 Law, in relation to violence committed on 22 school grounds. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect on the first of 2 September. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. Nays, 6 2. Senators Montgomery and Parker recorded in 7 the negative. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 429, by Senator Larkin, Senate Print 61A, an 12 act to amend the Education Law, in relation to 13 suspending the pay. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 448, by Senator Larkin, Senate Print 417, an 25 act to amend the Penal Law, in relation to

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(518) 371-8910 1 obscene sexual performance by a child. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 10. This 5 act shall take effect on the first of 6 November. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 464, by Senator Balboni, Senate Print 3509, an 14 act to amend the Penal Law, in relation to 15 disseminating indecent material. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 16. This 19 act shall take effect on the first of 20 November. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 546, by Senator Saland, Senate Print 3679, an 3 act to amend the Education Law, in relation to 4 the provisions of school health services. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the same date and in 9 the same manner as Section 2 of Chapter 477. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 592, by Senator DeFrancisco, Senate Print -- 17 SENATOR SKELOS: Lay it aside for 18 the day, please. 19 THE PRESIDENT: The bill is laid 20 aside for the day. 21 THE SECRETARY: Calendar Number 22 619, by Senator Leibell, Senate Print 3789, an 23 act to amend the Penal Law, in relation to 24 unlawful defilement of a water supply. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 623, by Senator Volker, Senate Print 3909, an 12 act to amend the Criminal Procedure Law, in 13 relation to sealed photographs. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. Nays, 21 2. Senators Montgomery and Duane recorded in 22 the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 625, by Senator Rath, Senate Print 4036, an 2 act to amend the Criminal Procedure Law and 3 others, in relation to providing. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 7. This 7 act shall take effect on the first of 8 November. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 625 are 13 Senators Duane, Hassell-Thompson, Montgomery 14 and Parker. 15 Ayes, 55. Nays, 4. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 643, by Senator Robach, Senate Print 3186, an 20 act to amend the Civil Service Law, in 21 relation to the authority. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of January.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. Nays, 4 1. Senator Connor recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 649, by Senator Saland, Senate Print 3678, an 9 act to amend the Education Law, in relation to 10 involuntary transfer. 11 SENATOR MONTGOMERY: Lay it 12 aside. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 705, by Senator Bonacic, Senate Print 3579, an 17 act to amend Chapter 262 of the Laws of 2002 18 amending the Environmental Conservation Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 712, by Senator Alesi, Senate Print 971, an 5 act to amend the Penal Law, in relation to the 6 crime of false personation. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. 10 This -- 11 SENATOR MONTGOMERY: Lay it 12 aside. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 714, by Senator Maziarz, Senate Print 1160, an 17 act to amend the Criminal Procedure Law, in 18 relation to enacting criteria. 19 SENATOR SCHNEIDERMAN: Lay that 20 bill aside, too. 21 THE PRESIDENT: The bill is laid 22 aside. 23 Senator Skelos, that completes the 24 noncontroversial reading of the calendar. 25 SENATOR SKELOS: Can we go to the

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(518) 371-8910 1 controversial reading. 2 THE PRESIDENT: The Secretary 3 will ring the bell and the members should 4 return to their seats, please, for the 5 calendar. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 649, by Senator Saland, Senate Print 3678, an 9 act to amend the Education Law. 10 SENATOR SCHNEIDERMAN: 11 Explanation. 12 THE PRESIDENT: Senator Saland, 13 an explanation has been requested. 14 SENATOR SALAND: Thank you, Madam 15 President. 16 Madam President, this is a bill 17 which we have seen in this house on prior 18 occasion. 19 And what the bill does, it attempts 20 to respond to a commissioner's ruling as far 21 back as 1998 in which the Commissioner of 22 Education -- and when I refer to a 23 commissioner's ruling, I'm referring to 24 Commissioner Mills, the Commissioner of 25 Education -- in a case coming out of the City

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(518) 371-8910 1 of Buffalo, ruled that a young man who had 2 been involved in a physical altercation, for 3 which he ultimately was suspended from school, 4 could not be suspended or transferred as a 5 disruptive student. 6 The purpose of this bill is it 7 basically provides a means to transfer a 8 disruptive student, one which takes into 9 account the educational needs of that student 10 and also takes into account the needs of his 11 or her classmates. 12 There's little or nothing to be 13 gained by suspending a student multiple times, 14 returning him or her to the very same 15 classroom in which he or she has been engaged 16 in the activity that caused that suspension. 17 There is, however, where there is 18 an alternative school available, certainly 19 much to be gained in permitting a transfer of 20 that student, not only to further advance that 21 student's education, but also, it would seem 22 to me rather obviously, to benefit the 23 classmates of that student, who will no longer 24 find that their lives are being disrupted and 25 their ability to receive the education to

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(518) 371-8910 1 which they are entitled is being disrupted. 2 That, Madam President, is the 3 essence of this bill. I believe there are two 4 or three memos in support. And as far as I 5 know, there are no memos in opposition. 6 THE PRESIDENT: Does any member 7 wish to be heard on this bill? 8 Then the debate is closed. 9 The Secretary will ring the bell. 10 Read the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect on the first of 13 September. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Senator 17 Montgomery, to explain your vote. 18 SENATOR MONTGOMERY: Yes, Madam 19 President. I see that I have opposed this 20 legislation in the past, and I'm going to 21 continue to oppose it. 22 I just want to be on record to say 23 that while I am fully sympathetic, empathetic 24 with the idea that disruptive students who 25 disrupt the educational environment for other

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(518) 371-8910 1 students, we should have some alternatives for 2 dealing with them. 3 Unfortunately, my experience has 4 been that our system has not been able to come 5 to terms with what constitutes an environment 6 that allows young people, no matter what is 7 happening with them personally, to be able to 8 survive and to flourish. And so that's a 9 problem with the system. 10 The answer that we have given our 11 schools to date is, at least in New York City, 12 we've put police in the schools. So the 13 alternative right now is that they can be 14 arrested and charged with a felony, and that 15 is their alternative placement. 16 So I'm going to continue to vote no 17 on this legislation. I think it is incumbent 18 upon us as an institution, as well as the 19 education system as an institution, to try and 20 figure out how do we meet the needs of a new 21 generation of young people who are under a 22 tremendous amount of stress from many, many 23 different areas in their lives and for whom we 24 still have no net for them that protects them 25 from themselves as well as protects us from

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(518) 371-8910 1 them. 2 So I'm going to continue to oppose 3 this and hope that we can look at our system 4 as a source of the problem as opposed to 5 always blaming the exact victim of the system. 6 Thank you, Madam President. I vote 7 no. 8 THE PRESIDENT: You will be so 9 recorded as voting in the negative, Senator. 10 Senator Diaz. 11 SENATOR DIAZ: Thank you. Thank 12 you, Madam President. 13 I represent a district in the Bronx 14 where many parents are always complaining 15 about their children losing interest in 16 attending school, due to the fact that there 17 are too many disruptive students -- few, not 18 too many -- few disruptive students and other 19 bullies. 20 And these individuals, these 21 students, are an impediment for the rest of 22 the class, for the rest of the students that 23 would like to come to school, that would like 24 to learn. They drop out sometimes because the 25 bullies, they disrupt the students and the

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(518) 371-8910 1 bully students are the ones causing them to 2 lose their interest. 3 For the sake of those students that 4 want to come to school to study, we have to be 5 aware that we have to provide an environment 6 where students feel free, comfortable, and 7 they will be attending school. 8 So this bill, this bill is a very 9 good bill. This bill will send a message to 10 any bullies and to any students that come to 11 school, if you want to come to school, you 12 come to school to study. If you come to 13 school to disrupt the classes and to be an 14 impediment for the other students, you not 15 belong there, you belong somewhere else. 16 So yes, I'm voting yes. This is a 17 good bill. Thank you, Senator Saland, for 18 that bill. 19 THE PRESIDENT: Senator 20 Hassell-Thompson. 21 SENATOR HASSELL-THOMPSON: Thank 22 you, Madam President. On the bill. 23 Each time this bill has come before 24 us since I've been here in the Senate, I have 25 voted for the bill.

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(518) 371-8910 1 But I continue to be disturbed by 2 one aspect. There is certainly a need for us 3 to make provisions for transfers for those 4 students that are violent. But to put the 5 term "disruptive" and "violent" in the same 6 legislation disturbs me a great deal. 7 I listened to Senator Diaz just 8 talk about how the bully and the disruptive 9 student should in fact be transferred. I put 10 that student in the category of violent 11 student, as opposed to disruptive. 12 We have a lot of students who 13 disrupt the classroom. But when you're in 14 those classrooms and you've spent some time 15 there, part of what you learn is that students 16 are disruptive many times because they're 17 absolutely bored. And to have them just 18 summarily transferred without trying to figure 19 out what's happening, then we're really not in 20 the business of educating children. 21 Because part of the boredom may 22 have to do with what's going on in the 23 classroom in and of itself. And I do not 24 believe that we should be discussing 25 disruptive students in the same bill with

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(518) 371-8910 1 violent students. 2 I will be voting no. 3 THE PRESIDENT: Senator, you will 4 be so recorded as voting in the negative. 5 The Secretary will announce the 6 results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 649 will are 9 Senators Duane, Hassell-Thompson, Montgomery, 10 Parker and A. Smith. Also Senator Andrews. 11 Absent from voting on Calendar 12 Number 649: Senator Brown. 13 Ayes, 53. Nays, 6. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 712, by Senator Alesi, Senate Print 971, an 18 act to amend the Penal Law, in relation to the 19 crime of false personation. 20 SENATOR MONTGOMERY: Explanation. 21 THE PRESIDENT: Senator Alesi, an 22 explanation has been requested. 23 SENATOR ALESI: Thank you, Madam 24 President. 25 This bill takes the existing law of

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(518) 371-8910 1 false personation and it extends the penalties 2 for giving false information to a police 3 officer. And it also removes the requirement 4 that a police officer forewarn someone who is 5 giving their information about their identity. 6 SENATOR MONTGOMERY: Madam 7 President, if I may ask if Senator Alesi would 8 yield for a question. 9 THE PRESIDENT: Senator Alesi, do 10 you yield for a question? 11 SENATOR ALESI: Yes, I will. 12 THE PRESIDENT: You may proceed 13 with a question. 14 SENATOR MONTGOMERY: Senator 15 Alesi, I see that your legislation also would 16 remove the requirement that a person be 17 notified of their -- of the fact that they 18 would be guilty of false personation. 19 SENATOR ALESI: Yes, in my 20 explanation I did mention that, Madam 21 President, through you. 22 SENATOR MONTGOMERY: And, Madam 23 President, if I may -- if Senator Alesi would 24 continue to yield. 25 THE PRESIDENT: Senator Alesi,

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(518) 371-8910 1 will you continue to yield? 2 SENATOR ALESI: Yes, I will. 3 THE PRESIDENT: You may proceed 4 with a question, Senator. 5 SENATOR MONTGOMERY: Senator 6 Alesi, why are you looking to remove that 7 simple requirement that you inform a person 8 that there is a criminal penalty for engaging 9 in false impersonation? 10 SENATOR ALESI: The requirement 11 is being removed simply because it's 12 unnecessary, it's cumbersome, and it could 13 really offer somebody a loophole of escape for 14 giving false information if they're not 15 forewarned by a police officer. 16 SENATOR MONTGOMERY: Thank you, 17 Senator Alesi. 18 SENATOR ALESI: You're welcome. 19 SENATOR MONTGOMERY: Madam 20 President, on this legislation. 21 THE PRESIDENT: You may proceed 22 on the bill, Senator. 23 SENATOR MONTGOMERY: As I have 24 stated in the past -- and I voted no in the 25 past, and I will continue to oppose it -- that

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(518) 371-8910 1 there is in my mind no apparent rationale for 2 removing a requirement that you simply inform 3 a person. 4 And particularly in cases where 5 we're talking about teenagers, who may be 6 inclined to do something, either by mischief 7 or to try to avoid problems, they may not 8 realize that they're creating more problems 9 for themselves. And therefore are -- it is 10 important that they understand that there is a 11 consequence for doing such. 12 The legislation also changes the 13 level of the crime from a B to an A 14 misdemeanor, which is more serious. 15 And so I think because we're 16 talking to a large extent about minors, 17 essentially, this bill is going to hurt those 18 young people that we would like to, if at all 19 possible, guide them away from mischief and 20 away from the criminal justice system. 21 And if a police officer is able to 22 just say to them or is required to say to 23 them, You are going to be charged with a 24 misdemeanor if you are not telling me the 25 truth, I don't see where that is a huge

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(518) 371-8910 1 problem. I can't imagine a police officer not 2 even wanting to do that. 3 So I'm going to oppose this 4 legislation, because I think it is -- one goes 5 a little bit too far in creating another trap 6 for young people in particular. 7 I vote no. 8 SENATOR ALESI: On the bill, 9 Madam President, if I may. 10 THE PRESIDENT: Senator Alesi, on 11 the bill. 12 SENATOR ALESI: From the time 13 we're raised, most of us know the difference 14 between right and wrong. Pretty much all of 15 us understand that if you tell a lie, it's not 16 the right thing to do. 17 And as we go through our lives, I 18 would say almost all of us don't really need 19 to have some kind of forewarning that if you 20 tell a lie, there is going to be some kind of 21 consequence. For those who believe in it, 22 it's one of the Ten Commandments, in fact. 23 But I think that this gives certain 24 protection to general society, in these days 25 of heightened concern over security. And more

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(518) 371-8910 1 importantly, when we talk about identity 2 theft, by removing this requirement to 3 forewarn somebody, we're enabling police to do 4 their job better. And if they know who 5 they're really dealing with, it's making their 6 job even safer. 7 But it also protects people who 8 have their identity stolen by someone who 9 gives a false name at the time of being 10 stopped. And we all know what the pain of 11 having someone's identity stolen is in terms 12 of economic and emotional loss. 13 There isn't anyplace else where 14 people are required to be forewarned when they 15 are giving false information or they're about 16 to do something that's wrong. People know 17 that. They know it from the time that they're 18 raised as young children. 19 And to require a police officer to 20 warn somebody ahead of time if they give false 21 information is cumbersome for the police 22 officer, it could create an unsafe environment 23 for him, and it would continue to provide a 24 loophole for anybody who wants to give false 25 information in the hopes that they'll escape

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(518) 371-8910 1 being identified in the commission of whatever 2 it is that they were stopped for in the first 3 place. 4 So I would simply urge my 5 colleagues to understand that this is a good 6 bill for everybody involved and urge them to 7 pass it without reservation. 8 THE PRESIDENT: Does any other 9 member wish to be heard? 10 Then the debate is closed. 11 The Secretary will ring the bell. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 712 are 20 Senators Duane and Montgomery. 21 Absent from voting on Calendar 22 Number 712: Senator Brown. Excuse me, 23 Senator Brown is in attendance. 24 Ayes, 58. Nays, 2. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 714, by Senator Maziarz, Senate Print 1160, an 4 act to amend the Criminal Procedure Law, in 5 relation to enacting criteria. 6 THE PRESIDENT: Senator 7 Schneiderman. 8 SENATOR SCHNEIDERMAN: Thank you, 9 Madam President. On the bill. 10 THE PRESIDENT: You may proceed 11 on the bill. 12 SENATOR SCHNEIDERMAN: I don't 13 want to deny Senator Maziarz his chance for an 14 explanation, but we've indicated to Senator 15 Young -- we've bragged a great deal about how 16 much more efficient we are than the Assembly, 17 so we'd like to get out of here quickly today. 18 This is another piece of 19 legislation that comes before us year in and 20 year out that I would respectfully submit has 21 to be redrafted if there's any chance of it 22 becoming law. 23 This is a response to obviously a 24 heinous crime, and it is an effort to address 25 a problem that may very well be a problem.

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(518) 371-8910 1 But this particular statute 2 requires -- changes the entire process for the 3 setting of bail in this state to require that 4 a court undertake an open-ended inquiry, with 5 no additional funding provided for the 6 prosecution or the defense to call witnesses 7 and to assist the court in this evaluation -- 8 the court to undertake an open-ended inquiry 9 as to whether or not a person accused of a 10 crime, not even necessarily indicted, 11 certainly presumed to be innocent, is a danger 12 to the alleged victim in a criminal action, 13 members of the community, or to himself or 14 herself. 15 Now, the problem that many of us 16 have with this bill is that under the current 17 statute governing determination of bail, the 18 court is required to consider and take into 19 account the principal's character, reputation, 20 habits and mental condition, family ties, 21 criminal record, record of previous 22 adjudication. Everything a court needs to 23 take into account to set bail based on the 24 perception of a defendant's dangerousness is 25 already in the statute.

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(518) 371-8910 1 What this bill does is impose an 2 additional requirement on every court setting 3 bail throughout the state to make an 4 assessment as to the danger this person poses 5 to the members of the community. This could 6 be someone who's never committed a crime, who 7 hasn't even been indicted. 8 And, frankly, every defense lawyer 9 in the state is going to, you know, ask to be 10 able to call witnesses in a situation where 11 they're concerned that their client is going 12 to be held based on an assessment by the court 13 that has nothing to do with the charges 14 brought against that person. 15 This takes the issue of bail away 16 from the acts committed, the acts that are 17 alleged to have been committed, and launches 18 us into an unknown territory of hearings on 19 really psychological states of people that, 20 frankly, our local courts, prosecutors, and 21 defense bar are not equipped to deal with. 22 So while I'm sympathetic to Senator 23 Maziarz's concern that there may be a need to 24 tighten up the requirements for bail in this 25 state so that courts perhaps take into

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(518) 371-8910 1 account -- and it could be simply added to the 2 list of factors that are enumerated in the 3 existing law -- take into account the person's 4 potential for dangerousness. 5 But adding the additional 6 requirement for an open-ended inquiry I think 7 is a major mistake. I think it prevents it 8 from ever becoming law, it prevents it from 9 being passed in the Assembly, and therefore 10 makes it irrelevant as a matter of our current 11 procedure. 12 But it also doesn't accomplish its 13 goal if the goal, as I believe it has been set 14 forth in the repeated eloquent explanations by 15 the sponsor on this piece of legislation, is 16 to try and prevent situations where someone 17 who poses an extreme danger to the victim of 18 the alleged crime for which that person is 19 charged is allowed out without any 20 consideration of that -- the dangerousness. 21 So I think this is a piece of 22 legislation that needs more work. I am going 23 to vote against it, as I have in the past. I 24 would urge the sponsor that with some 25 modifications, I think the issues that it

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(518) 371-8910 1 raises could be addressed. 2 This is not the way to do it. This 3 is not going to become law. And it shouldn't 4 become law. We should not have this sort of 5 open-ended inquiry about people who have never 6 been convicted of anything; in some cases, 7 have never been charged with anything, never 8 been indicted. That's what this bill would 9 do. 10 And I'm going to vote no, Madam 11 President, as I have in the past, and urge my 12 colleagues also to vote no. 13 Thank you. 14 THE PRESIDENT: Does any other 15 member wish to be heard? 16 Then the debate, so-called, is 17 closed. 18 The Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect on the first of 22 November. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE PRESIDENT: Senator Maziarz,

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(518) 371-8910 1 to explain your vote. 2 SENATOR MAZIARZ: Thank you, 3 Madam President. To explain my vote. 4 My colleague, Senator Schneiderman, 5 was wrong about many things. He said this 6 bill has come up year after year after year. 7 This is actually the second year that this 8 bill has come before the Senate. 9 And this bill would expand the 10 scope of criteria. Actually, this same 11 criteria is used today in federal court, and 12 it didn't cost them a whole lot of money when 13 they expanded their criteria to implement this 14 new way of setting bail. 15 What this bill would do, it would 16 allow abusers -- particularly in the area of 17 domestic violence, it would allow judges to 18 use past history of an abuser in setting bail. 19 The case that I cite in the 20 justification for this bill is a case that I 21 have mentioned on the floor of this Senate 22 several other times, and I think till the last 23 day I serve here will always mention it. It 24 was the case of Jill Cahill, in Syracuse, who 25 was brutally beaten and murdered by her

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(518) 371-8910 1 husband several times. 2 It didn't have to happen. The 3 criminal justice system failed Jill Cahill. 4 It continues to fail her children today. And 5 it failed her because her husband, after 6 beating her numerous times, numerous times was 7 let out on bail. 8 There is one thing that I do agree 9 with Senator Schneiderman on, and I think the 10 chances of this passing in the New York State 11 Assembly are extremely remote. And that is 12 really a shame. 13 You know, last year we had a lot of 14 talk about the dysfunction in Albany and how 15 we don't work very well up here. And, you 16 know, the reality of it is that if this bill 17 were to be put out on the floor of the 18 Assembly, 138 members would vote in the 19 affirmative, 12 liberals from Manhattan would 20 vote in the negative. But they can hold it up 21 from coming out. 22 And that's a shame for the 23 Legislature, it's a shame for the Assembly, 24 but more than anything it's really -- it's a 25 shame for Jill Cahill.

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(518) 371-8910 1 Thank you, Madam President. 2 THE PRESIDENT: Senator Maziarz, 3 you will be so recorded as voting in the 4 affirmative. 5 Senator Schneiderman. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Madam President. 8 I appreciate my -- the Greek chorus 9 behind me. 10 I enjoy debating Senator Maziarz on 11 the facts that are before us. And whether I'm 12 wrong about a great many things, like the 13 propriety of children running through the 14 woods being chased by wounded bears or not, we 15 can leave for another day. I realize we 16 disagree on some issues. 17 I do think, however, as long as 18 we're correcting misstatements, this is not 19 the rule in the federal court, where I 20 practiced law for many years and continue to 21 practice law. 22 There is a potentially huge 23 economic impact on our local court systems 24 from this. And I don't think for -- fiscal 25 conservatives from Manhattan tend to be

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(518) 371-8910 1 concerned about these things. 2 This is creating an entire new area 3 of inquiry, there's no denying it. And all we 4 have are Senator Maziarz's blanket assertions 5 that this is not going cost much money. 6 This turns every bail hearing into 7 a potential evidentiary hearing on an 8 open-ended issue. It's not the way to address 9 this problem. I will continue to vote no. 10 And I'm not sure -- I will carry 11 back to my colleagues from Manhattan his 12 attribution of extraordinary powers to them in 13 the Assembly. 14 But I think it's better to be right 15 than to posture on an issue as serious as 16 this, and I think that's what we're doing with 17 this piece of legislation. So I will be 18 voting no, Madam President. 19 THE PRESIDENT: You will be so 20 recorded as voting in the negative, Senator. 21 The Secretary will announce the 22 results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 714 are 25 Senators Andrews, Breslin, Connor,

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(518) 371-8910 1 Hassell-Thompson, Montgomery, Parker, 2 Paterson, Schneiderman and A. Smith. 3 Ayes, 51. Nays, 9. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Skelos, that completes the 7 reading of the calendar. 8 SENATOR SKELOS: Thank you, Madam 9 President. Is there any further business to 10 come before the Senate? 11 THE PRESIDENT: No, there isn't, 12 Senator. 13 SENATOR SKELOS: There being 14 none, I move we stand adjourned until Tuesday, 15 May 17th, at 3:00 p.m. 16 THE PRESIDENT: On motion, the 17 Senate now stands adjourned until Tuesday, 18 May 17th, 3:00 p.m. 19 (Whereupon, at 4:11 p.m., the 20 Senate adjourned.) 21 22 23 24 25

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(518) 371-8910