Tuesday, May 17, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 17, 2005 11 3:18 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: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Monday, May 16, the Senate met pursuant to 18 adjournment. The Journal of Sunday, May 15, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Johnson, 5 from the Committee on Finance, reports the 6 following bill direct to third reading: 7 Senate Print 5356, by Senator 8 Robach, an act to provide for the adjustment. 9 THE PRESIDENT: So ordered, 10 without objection. 11 Reports of select committees. 12 Communications and reports from 13 state officers. 14 Motions and resolutions. 15 Senator Farley. 16 SENATOR FARLEY: Thank you, Madam 17 President. 18 On behalf of Senator Spano, on 19 page 16 I offer the following amendments to 20 Calendar 246, Senate Print 2271, and I ask 21 that that bill retain its place on the Third 22 Reading Calendar. 23 THE PRESIDENT: The amendments 24 are received, and the bill will retain its 25 place on the Third Reading Calendar.

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(518) 371-8910 1 SENATOR FARLEY: Madam President, 2 on behalf of Senator Nozzolio, on page 27 I 3 offer the following amendments to Calendar 4 Number 510, Senate Print 3121, and I ask that 5 that bill retain its place on the Third 6 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 Libous. 11 SENATOR LIBOUS: Are there any 12 substitutions at the desk? 13 THE PRESIDENT: Yes, there are, 14 Senator. 15 The Secretary will read. 16 THE SECRETARY: On page 5, 17 Senator Maziarz moves to discharge, from the 18 Committee on Corporations, Authorities and 19 Commissions, Assembly Bill Number 6435 and 20 substitute it for the identical Senate Bill 21 Number 3171, Second Report Calendar 926. 22 On page 13, Senator Seward moves to 23 discharge, from the Committee on Local 24 Government, Assembly Bill Number 7688 and 25 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 593A, Third Reading Calendar 135. 2 On page 33, Senator LaValle moves 3 to discharge, from the Committee on Consumer 4 Protection, Assembly Bill Number 1794A and 5 substitute it for the identical Senate Bill 6 Number 1856, Third Reading Calendar 611. 7 On page 51, Senator Flanagan moves 8 to discharge, from the Committee on Tourism, 9 Recreation and Sports Development, Assembly 10 Bill Number 6014 and substitute it for the 11 identical Senate Bill Number 4126, Third 12 Reading Calendar 829. 13 And on page 60, Senator Golden 14 moves to discharge, from the Committee on 15 Civil Service and Pensions, Assembly Bill 16 Number 6281A and substitute it for the 17 identical Senate Bill Number 3659B, Third 18 Reading Calendar 922. 19 THE PRESIDENT: Substitutions 20 ordered. 21 Senator Libous. 22 SENATOR LIBOUS: Madam President, 23 may we please adopt the Resolution Calendar. 24 THE PRESIDENT: All in favor of 25 adopting the Resolution Calendar please

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(518) 371-8910 1 signify by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The Resolution 6 Calendar is adopted. 7 Senator Libous. 8 SENATOR LIBOUS: Madam President, 9 there's a previously adopted resolution at the 10 desk, Number 1729, by Senator Golden. May we 11 please have the title read. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: By Senator 15 Golden, Legislative Resolution Number 1729, 16 memorializing Governor George E. Pataki to 17 proclaim May 17, 2005, as Elder Abuse 18 Awareness Day in the State of New York. 19 THE PRESIDENT: Senator Golden. 20 SENATOR GOLDEN: Thank you, Madam 21 President. 22 I rise today to talk about (A) the 23 3 million seniors that live across this great 24 state -- and some of them are up here from 25 Kings County, from the Ridge Slope Travelers,

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(518) 371-8910 1 the Verizon retirees. And I want to thank 2 them for being here today. And they came to a 3 forum that we had downstairs and a set of 4 tables that we had set up for the Elder Abuse 5 Week, and today being Elder Abuse Day. 6 And what we did was point out that 7 millions of elderly citizens residing in the 8 State of New York have contributed to the 9 great welfare of the state by helping to 10 preserve the customs, convictions and 11 traditions of the many ethnic backgrounds of 12 the citizens of the great State of New York. 13 The more than 3 million citizens of 14 the State of New York considered to be the 15 elderly citizens are vital and integral parts 16 of our society. 17 It has been estimated that there 18 are over 1.8 million abused elders in the 19 United States of America, in a 1996 report. 20 Estimates report that elder abuse affects 21 30,000 New Yorkers annually every year. 22 Because elder abuse is still 23 largely hidden under the shroud of family 24 secrecy, elder abuse is grossly underreported. 25 Only one out of 14 domestic elder abuse

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(518) 371-8910 1 incidents come to the attention of the 2 authorities. 3 The 30,000 domestic elder abuse 4 cases reported to state adult protective 5 services agencies in New York represent only 6 the tip of the iceberg. And the number of 7 elder abuse cases is growing every year. 8 Any elderly person may become the 9 victim of abuse. Males and females of any 10 income level, any culture or ethnic group, 11 persons in good health or persons 12 incapacitated in some way may be abused by 13 someone close to them. 14 The abusers can be anyone, but they 15 are most commonly family members with whom the 16 abused person is living. Studies have 17 estimated that over half the elderly people 18 reported to have been abused were living with 19 persons who abused them. 20 The legislators here in the State 21 of New York will have before them shortly in 22 this conference a bill, the Senior 23 Antiviolence Enforcement Act. And that will 24 help us to start to deal with this outrageous 25 abuse of our seniors, the dirty little secrets

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(518) 371-8910 1 that are hidden across this state. 2 Our seniors deserve more. They 3 worked all their lives so that they could 4 bring up their families and live in this great 5 city and great State of New York. It's about 6 time that we treated them with the respect 7 that they deserve. 8 So this week is about those abuses. 9 This is awareness week, so that we can focus 10 in on those terrible, terrible incidents that 11 are going around this city and state. So 12 hopefully we can bring that number down and to 13 start treating those seniors, like I said, 14 with the respect that they deserve. 15 Thank you, Madam President. 16 THE PRESIDENT: This resolution 17 was previously adopted on May 10th. 18 Senator Libous. 19 SENATOR LIBOUS: Madam President, 20 there's a resolution at the desk, Number 1863, 21 by Senator Maziarz. May we please have the 22 resolution read in its entirety and move for 23 its adoption. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Maziarz, Legislative Resolution Number 1863, 3 honoring Trooper Anthony S. LaRock upon the 4 occasion of his designation as the recipient 5 of the Brummer Award on May 18, 2005. 6 "WHEREAS, The quality and sanctity 7 of community life are cherished values worthy 8 of safeguarding, and this Legislative Body is 9 moved to honor those individuals who serve to 10 preserve and protect such values, lauding 11 particularly their unwavering courage and 12 dedication in the daily performance of their 13 duties; and 14 "WHEREAS, Attendant to such 15 concern, and in full accord with its 16 long-standing traditions, it is the sense of 17 this Legislative Body to honor Trooper Anthony 18 S. LaRock upon the occasion of his designation 19 as the recipient of the Brummer Award on 20 May 18, 2005, to be presented at a special 21 ceremony at the New York State Police Academy 22 in Albany, New York, on Wednesday, May 18, 23 2005; and 24 "WHEREAS, the Brummer Award is the 25 highest recognition afforded a New York State

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(518) 371-8910 1 police officer for valor and bravery in the 2 line of duty. The recipient's actions must be 3 one of personal bravery or outstanding courage 4 so noteworthy as to clearly distinguish the 5 trooper and enhance the prestige of the 6 New York State Police. Each recommendation 7 for this award is considered by the Honor 8 Board on the standard of extraordinary merit; 9 and 10 "WHEREAS, Trooper Anthony S. 11 LaRock, a Western New York and Niagara County 12 native who has been a New York State trooper 13 for nearly 11 years, placed himself amidst a 14 flaming, exploding inferno while ingesting 15 fumes, attempting to save the lives of three 16 people; and 17 "WHEREAS, on April 4, 2004, at 18 about 11:00 p.m., the Niagara County Sheriff's 19 Department dispatched the State Police Niagara 20 Patrol to a three-car personal injury accident 21 on Ridge Road in the Town of Lewiston, 22 New York. Dispatchers advised that one of the 23 vehicles involved was overturned and engulfed 24 in flames; and 25 "WHEREAS, Trooper LaRock was the

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(518) 371-8910 1 first patrol to arrive on the scene. 2 Recognizing that the overturned, burning 3 vehicle was occupied, he attempted to quell 4 the fire with an extinguisher; and 5 "WHEREAS, the fire, however, was 6 too intense for the extinguisher to fully put 7 out the blaze. Trooper LaRock then entered 8 the engulfed vehicle, located the driver, cut 9 the seat belt restraint, and dragged him a 10 safe distance from the burning wreck; and 11 "WHEREAS, He then returned to the 12 vehicle and located a partially ejected 13 passenger who was face down in water at the 14 bottom of a ditch. He untangled her from the 15 vehicle, stabilized her neck, and pulled her a 16 safe distance away from the flames; and 17 "WHEREAS, Without regard for his 18 own safety, Trooper LaRock returned to the 19 vehicle a third time and attempted to rescue 20 the remaining passenger. With the assistance 21 of Trooper Danny J. Cullen, who provided a 22 second extinguisher, another attempt was made 23 to slow the fire enough to extricate the third 24 victim, but the valiant attempt was not 25 successful as the fumes, flames and heat were

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(518) 371-8910 1 now overpowering; and 2 "WHEREAS, Trooper LaRock saved two 3 lives that day despite multiple injuries to 4 himself which required eventual surgery and a 5 long recuperation and healing period; and 6 "WHEREAS, Trooper LaRock, son of 7 Steven and Claudia LaRock, is a graduate of 8 Wilson Central School in Wilson, New York. He 9 is a United States Army veteran and holds an 10 associate's degree from Niagara County 11 Community College and a bachelor's degree from 12 Niagara University; and 13 "WHEREAS, He lives in Niagara 14 County with his wife, Deborah, and their two 15 children; and 16 "WHEREAS, It is appropriate to 17 recognize and commend such outstanding law 18 enforcement officers as Trooper Anthony S. 19 LaRock for their valued contributions to the 20 community; and 21 "WHEREAS, It is the sense of this 22 Legislative Body that those dedicated public 23 servants who unselfishly devote their lives to 24 the preservation of order and the protection 25 of others are worthy and due full praise for

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(518) 371-8910 1 their commitment and noble endeavors; now, 2 therefore, be it 3 "RESOLVED, That this Legislative 4 Body pause in its deliberations to honor 5 Trooper Anthony S. LaRock upon the occasion of 6 his designation as the recipient of the 7 Brummer Award on May 18, 2005, and be it 8 further 9 "RESOLVED, That a copy of this 10 resolution, suitably engrossed, be transmitted 11 to Trooper Anthony S. LaRock." 12 THE PRESIDENT: Senator Maziarz. 13 SENATOR MAZIARZ: Thank you very 14 much, Madam President and my colleagues. 15 It's an honor for me to rise here 16 today and to welcome to the floor of this body 17 Trooper Anthony "Tony" LaRock from Niagara 18 County. 19 As was pointed out in the 20 resolution, on April 14th, late in the 21 evening, 11 o'clock in the evening, on what 22 was going to be a normal, routine -- if there 23 ever is such an evening in any law enforcement 24 officer's daily life -- Trooper LaRock 25 received a call that there was a car accident,

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(518) 371-8910 1 that one of the vehicles was overturned and 2 engulfed in flames. 3 He immediately rushed to the scene 4 and not once, not twice, but three times -- 5 three times -- despite being severely burned 6 himself, entered the vehicle and was 7 successful in pulling two injured people, one 8 of whom in the overturned vehicle was 9 partially submerged in a pond, out of the 10 vehicle, off to a safe area, sparing both of 11 their lives. 12 Trooper LaRock returned to this 13 vehicle three times and was successful in 14 saving two individuals. As was pointed out in 15 the resolution, Trooper LaRock sustained 16 severe injuries and was off work with multiple 17 surgeries for over 11 months. 18 It's an honor for me to recognize 19 what we consider in Niagara County to be a 20 true hero, what the families of those accident 21 victims I know consider to be a true hero. 22 I've known Trooper LaRock's family, 23 his dad and his mom, for many years, and I can 24 fully attest to his appreciation for serving 25 the people of the State of New York. And the

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(518) 371-8910 1 Brummer Award I think is truly given to that 2 outstanding service and has been truly 3 deserved by Trooper LaRock. 4 Anthony, congratulations. 5 (Standing ovation.) 6 THE PRESIDENT: Trooper Anthony 7 S. LaRock is here with his wife, Deborah; his 8 children, Jade and Nicholas; his parents, 9 Steven and Claudia LaRock. 10 And at this time we will now vote 11 on the resolution. 12 All in favor of the resolution 13 please signify by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The resolution is 18 adopted. 19 And I can think of no higher 20 tribute or justification for this tribute than 21 your act of valor. Thank you for your courage 22 and dedication to your job. 23 (Applause.) 24 THE PRESIDENT: Senator Libous. 25 SENATOR LIBOUS: Madam President,

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(518) 371-8910 1 may we now have the reading of the 2 noncontroversial calendar. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: Calendar Number 6 149, by Senator Skelos, Senate Print 484A, an 7 act to amend the Education Law, in relation to 8 restricting. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of January. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. Nays, 16 1. Senator Duane recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 157, by Senator Winner, Senate Print 1844A, an 21 act to amend the Penal Law, in relation to 22 establishing the crimes of criminal 23 possession. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 4. This 2 act shall take effect on the first of 3 November. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 466, by Senator Nozzolio, Senate Print 3511, 11 an act to amend the Penal Law, in relation to 12 clandestine laboratory operations. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the first of 17 November. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. Nays, 21 1. Senator Duane recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 488, by Senator Maltese, Senate Print 1363, an

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(518) 371-8910 1 act to amend the Administrative Code of the 2 City of New York, in relation to loans. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 THE PRESIDENT: There is a 11 home-rule message at the desk on the last 12 vote. 13 The bill is passed. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Calendar Number 17 627, by Senator Volker, Senate Print 4121, an 18 act to amend the Civil Practice Law and Rules, 19 in relation to admissibility. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 641, by Senator Robach, Senate Print 3184A, an 6 act to amend the Civil Service Law, in 7 relation to reduction. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 7. This 11 act shall take effect on the 90th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 656, by Senator Nozzolio, Senate Print 3689A, 19 an act to amend the Executive Law, in relation 20 to eliminating. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 7. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. Nays, 3 1. Senator Duane recorded in the negative. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 741, by Senator Wright, Senate Print 2532, an 8 act to amend the New York State Defense 9 Emergency Act, in relation to driver's license 10 renewals. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 745, by Senator Balboni, Senate Print 3968, an 22 act to amend the Executive Law, in relation to 23 reporting. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 746, by Senator Balboni, Senate Print 4496, an 10 act to amend the Executive Law, in relation to 11 directing. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 90th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Senator Balboni, 19 to explain your vote. 20 SENATOR BALBONI: Madam 21 President, in 1995 Timothy McVeigh caused one 22 of the most horrific acts of violence on 23 American soil by the use of ammonium nitrate. 24 That same substance was also used in the 1993 25 bombing of the World Trade Center.

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(518) 371-8910 1 And yet, to this day, only three 2 states have enacted any sort of regulation of 3 this material, one of those states being 4 Oklahoma. 5 This bill would set up, for the 6 first time in this state, the regulation of 7 ammonium nitrate. And what was just 8 highlighted by the Suffolk County District 9 Attorney, ammonium nitrate can be bought in 10 large amounts right now in the State of 11 New York without any questions asked. 12 This bill would set up security 13 requirements, registration requirements, and 14 would go a long way in protecting all of us 15 from the use of this substance as a fertilizer 16 bomb. 17 I vote aye, Madam President. Thank 18 you. 19 THE PRESIDENT: You will be so 20 recorded as voting in the affirmative, Senator 21 Balboni. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Ayes, 59. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 788, by Senator Leibell, Senate Print 4762, an 4 act to amend the -- 5 SENATOR LIBOUS: Lay it aside for 6 the day. 7 THE PRESIDENT: The bill is laid 8 aside for the day. 9 THE SECRETARY: Calendar Number 10 795, by Senator Spano, Senate Print 5214, an 11 act to amend the Executive Law, in relation to 12 providing. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 829, substituted earlier today by Member of 24 the Assembly Englebright, Assembly Print 25 Number 6014, an act to amend the Parks,

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(518) 371-8910 1 Recreation and Historic Preservation Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 840, by Senator LaValle, Senate Print 419, an 13 act to amend the Education Law, in relation to 14 requirements. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 4. This 18 act shall take effect on the 180th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 847, by Senator Saland, Senate Print 4168, an

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(518) 371-8910 1 act to amend Chapter 942 of the Laws of 1983 2 and Chapter 541 of the Laws of 1984. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 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 13 851, by Senator Leibell, Senate Print 4549, an 14 act to amend the Labor Law, in relation to 15 requiring. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 180th day. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 852, by Senator Fuschillo, Senate Print 4890, 2 an act to amend the Labor Law, in relation to 3 the violation. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 853, by Senator Maziarz, Senate Print 5194, an 15 act to amend the Labor Law, in relation to 16 asbestos. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 922, substituted earlier today by Member of 3 the Assembly Abbate, Assembly Print Number 4 6281A, an act to amend the Retirement and 5 Social Security Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1008, by Senator Robach, Senate Print 5356, an 17 act to provide for the adjustment of stipends. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 16. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 Senator Libous, that completes the 3 reading of the calendar. 4 SENATOR LIBOUS: Madam President, 5 could we return to the reports of standing 6 committees, so that the Finance nominations 7 can be read, please. 8 THE PRESIDENT: Reports of 9 standing committees. 10 The Secretary will read. 11 THE SECRETARY: Senator Johnson, 12 from the Committee on Finance, reports the 13 following nominations: 14 As a member of the Battery Park 15 City Authority, David B. Cornstein, of 16 New York City. 17 As a member of the Small Business 18 Advisory Board, Daniel E. Clark, of Malone. 19 As members of the Empire State 20 Plaza Art Commission, Judith A. Barnes, Ph.D., 21 of Troy; Kate Johns, of Old Chatham; and 22 Dolores Sarno, of Saratoga Springs. 23 As members of the Board of 24 Directors of the New York Convention Center 25 Operating Corporation, Edward P. Kane, of

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(518) 371-8910 1 Rockville Centre, and David M. Schwartz, 2 Esquire, of Brooklyn. 3 As director of the New York State 4 Urban Development Corporation, Kevin S. 5 Corbett, of New York City. 6 As a member of the State Council on 7 the Arts, Ruth W. Houghton, of New York City. 8 As members of the State Hospital 9 Review and Planning Council, Joyce A. 10 Salimeno, of Rock Hill, and David O. Simon, 11 Esquire, of Chappaqua. 12 And as a member of the Board of 13 Visitors of the New York State Home for 14 Veterans and their Dependents at Batavia, 15 Richard G. Oleksyn, of Rochester. 16 THE PRESIDENT: Senator Johnson. 17 SENATOR JOHNSON: Madam 18 President, move the nominations. 19 THE PRESIDENT: All in favor of 20 the nominations please signify by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The nominees are 25 all hereby confirmed.

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(518) 371-8910 1 Senator Libous. 2 SENATOR LIBOUS: Madam President, 3 is there any further business at the desk? 4 THE PRESIDENT: No, there isn't, 5 Senator. 6 SENATOR LIBOUS: Madam President, 7 then there being no further business to come 8 before the Senate, I move that we adjourn 9 until Wednesday, May 18th, at 11:00 a.m. 10 THE PRESIDENT: On motion, the 11 Senate now stands adjourned until Wednesday, 12 May 18th, 11:00 a.m. 13 (Whereupon, at 3:43 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910