Wednesday, June 1, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 1, 2005 11 3:05 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 Tuesday, May 31, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 30, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Senator Skelos. 25 SENATOR SKELOS: Madam President,

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(518) 371-8910 1 there will be an immediate meeting of the 2 Rules Committee in the Majority Conference 3 Room. 4 THE PRESIDENT: There will be an 5 immediate meeting of the Rules Committee in 6 the Majority Conference Room. 7 Presentation of petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Reports of standing committees. 11 Reports of select committees. 12 Motions and resolutions. 13 Senator Meier. 14 SENATOR MEIER: Thank you, Madam 15 President. 16 On behalf of Senator Winner, please 17 place a sponsor's star on his bill, Calendar 18 Number 1170. 19 THE PRESIDENT: So ordered. 20 SENATOR MEIER: Thank you, Madam 21 President. 22 On behalf of Senator DeFrancisco, I 23 wish to call up his bill, Print Number 4847, 24 recalled from the Assembly, which is now at 25 the desk.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: Calendar Number 4 865, by Senator DeFrancisco, Senate Print 5 4847, an act to amend Chapter 231 of the Laws 6 of 1998. 7 SENATOR MEIER: Madam President, 8 I now move to reconsider the vote by which 9 this bill was passed. 10 THE PRESIDENT: The Secretary 11 will call the roll upon reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 40. 14 SENATOR MEIER: Madam President, 15 I now offer the following amendments. 16 THE PRESIDENT: The amendments 17 are received. 18 SENATOR MEIER: Thank you, Madam 19 President. 20 THE PRESIDENT: Senator Bonacic. 21 SENATOR BONACIC: Thank you, 22 Madam President. 23 On behalf of Senator Spano, I offer 24 the following amendments on page number 55, 25 Calendar 1033, Senate Print Number 5115, and

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(518) 371-8910 1 ask that the bill retain its place on the 2 Third Reading Calendar. 3 THE PRESIDENT: The amendments 4 are received, and the bill will retain its 5 place on the Third Reading Calendar. 6 SENATOR BONACIC: Continuing, 7 Madam President, on behalf of myself, on 8 page 50, I offer the following amendment to 9 Calendar Number 978, Senate Print Number 5175, 10 and ask that that bill retain its place on the 11 Third Reading Calendar. 12 THE PRESIDENT: That amendment is 13 received, and that bill will also retain its 14 place on the Third Reading Calendar. 15 SENATOR BONACIC: Thank you, 16 Madam President. 17 THE PRESIDENT: You're welcome. 18 Senator Meier. 19 SENATOR MEIER: Madam President, 20 are there any substitutions at the desk? 21 THE PRESIDENT: Yes, there are, 22 Senator. 23 SENATOR MEIER: Could we have the 24 substitutions read. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will read. 2 THE SECRETARY: On page 5, 3 Senator Golden moves to discharge, from the 4 Committee on Rules, Assembly Bill Number 7709 5 and substitute it for the identical Senate 6 Bill Number 5298, Second Report Calendar 1292. 7 On page 8, Senator Nozzolio moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 7410B and substitute it 10 for the identical Senate Bill Number 4356B, 11 Second Report Calendar 1322. 12 On page 17, Senator Flanagan moves 13 to discharge, from the Committee on Rules, 14 Assembly Bill Number 5209 and substitute it 15 for the identical Senate Bill Number 2803, 16 Third Reading Calendar 330. 17 On page 20, Senator Skelos moves to 18 discharge, from the Committee on Crime 19 Victims, Crime and Correction, Assembly Bill 20 Number 2664 and substitute it for the 21 identical Senate Bill Number 493A, Third 22 Reading Calendar 410. 23 On page 22, Senator Alesi moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 7534 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 2397, 2 Third Reading Calendar 482. 3 On page 30, Senator Alesi moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 3156 and substitute it 6 for the identical Senate Bill Number 966A, 7 Third Reading Calendar 654. 8 On page 30, Senator Golden moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 6878A and substitute it 11 for the identical Senate Bill Number 3977A, 12 Third Reading Calendar 677. 13 On page 31, Senator Maziarz moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 748 and substitute it for 16 the identical Senate Bill Number 4806, Third 17 Reading Calendar 686. 18 On page 34, Senator Morahan moves 19 to discharge, from the Committee on Rules, 20 Assembly Bill Number 7089 and substitute it 21 for the identical Senate Bill Number 1502, 22 Third Reading Calendar 740. 23 On page 37, Senator Leibell moves 24 to discharge, from the Committee on Rules, 25 Assembly Bill Number 7458 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5167, 2 Third Reading Calendar 790. 3 On page 43, Senator Hannon moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 8105 and substitute it 6 for the identical Senate Bill Number 4331, 7 Third Reading Calendar 876. 8 On page 47, Senator Farley moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 329A and substitute it 11 for the identical Senate Bill Number 290A, 12 Third Reading Calendar 931. 13 On page 48, Senator Robach moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 6424 and substitute it 16 for the identical Senate Bill Number 3357, 17 Third Reading Calendar 940. 18 On page 55, Senator Maltese moves 19 to discharge, from the Committee on Rules, 20 Assembly Bill Number 4362 and substitute it 21 for the identical Senate Bill Number 2178, 22 Third Reading Calendar 1027. 23 On page 58, Senator Rath moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 3796 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 4880, 2 Third Reading Calendar 1069. 3 On page 59, Senator Robach moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 7195 and substitute it 6 for the identical Senate Bill Number 2873, 7 Third Reading Calendar 1078. 8 On page 65, Senator Seward moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8166 and substitute it 11 for the identical Senate Bill Number 4095, 12 Third Reading Calendar 1147. 13 On page 66, Senator Larkin moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 7649 and substitute it 16 for the identical Senate Bill Number 4641, 17 Third Reading Calendar 1157. 18 On page 67, Senator Robach moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 8182 and substitute it 21 for the identical Senate Bill Number 5345, 22 Third Reading Calendar 1167. 23 On page 70, Senator Seward moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 7695 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 4422, 2 Third Reading Calendar 1189. 3 On page 72, Senator Balboni moves 4 to discharge, from the Committee on Rules, 5 Assembly Bill Number 7959 and substitute it 6 for the identical Senate Bill Number 5403, 7 Third Reading Calendar 1207. 8 On page 73, Senator Morahan moves 9 to discharge, from the Committee on Rules, 10 Assembly Bill Number 8052 and substitute it 11 for the identical Senate Bill Number 4874, 12 Third Reading Calendar 1223. 13 On page 75, Senator Marcellino 14 moves to discharge, from the Committee on 15 Rules, Assembly Bill Number 8291 and 16 substitute it for the identical Senate Bill 17 Number 5436, Third Reading Calendar 1234. 18 And on page 77, Senator Flanagan 19 moves to discharge, from the Committee on 20 Rules, Assembly Bill Number 966 and substitute 21 it for the identical Senate Bill Number 2797, 22 Third Reading Calendar 1253. 23 THE PRESIDENT: Substitutions 24 ordered. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 if we could adopt the Resolution Calendar, 3 with the exception of Resolution 2216. 4 THE PRESIDENT: All in favor of 5 so adopting the Resolution Calendar please 6 signify by saying aye. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed, nay. 9 (No response.) 10 THE PRESIDENT: The Resolution 11 Calendar is so adopted. 12 Senator Skelos. 13 SENATOR SKELOS: Madam President, 14 if we could take up Resolution 2216, by 15 Senator Rath, have the title read and move for 16 its immediate adoption. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: By Senator Rath, 20 Legislative Resolution Number 2216, 21 congratulating 11-year-old Katie Brownell, who 22 plays baseball in a boys Little League, upon 23 the occasion of pitching a perfect game. 24 THE PRESIDENT: Senator Skelos. 25 SENATOR SKELOS: Move the

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(518) 371-8910 1 resolution, please. 2 THE PRESIDENT: All in favor of 3 the resolution please signify by saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The resolution is 8 adopted. 9 Senator Skelos. 10 SENATOR SKELOS: If we could open 11 that resolution up for cosponsorship. If 12 anybody wishes not to sponsor the resolution, 13 please notify the desk. 14 THE PRESIDENT: Any member who 15 does not wish to cosponsor the last resolution 16 please notify the desk. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 if we could go back to reports of standing 20 committees, I believe there's a report of 21 Finance Committee at the desk. I ask that it 22 be read at this time. 23 THE PRESIDENT: Reports of 24 standing committees. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Senator Johnson, 2 from the Committee on Finance, reports the 3 following nominations. 4 As a member of the Workers' 5 Compensation Board, Candace Kellogg Finnegan, 6 of Garrison. 7 THE PRESIDENT: Senator Johnson. 8 SENATOR JOHNSON: Move the 9 nomination. 10 THE PRESIDENT: Senator Leibell. 11 SENATOR LEIBELL: Thank you, 12 Madam President. 13 I'm very pleased to rise and 14 support this nomination. I've had the good 15 fortune to know Candace for some time and know 16 her family and consider them to believe fine 17 and dear friends. We're most fortunate that 18 the Governor has sent this name up to us, 19 because she is certainly well qualified to 20 fill this very important position. 21 So I would ask, Madam President, 22 that we move this nomination. 23 Thank you. 24 THE PRESIDENT: All in favor of 25 the nomination of Candace Kellogg Finnegan, of

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(518) 371-8910 1 Garrison, for a term to expire December 31, 2 2010, on the New York State Workers' 3 Compensation Board, please signify by saying 4 aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The nominee is 9 hereby confirmed. 10 And Candace Kellogg Finnegan is 11 here present today. 12 Congratulations and best wishes to 13 you on the Workers' Compensation Board. 14 (Applause.) 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: As a member of 18 the Workers' Compensation Board, Robert M. 19 Zinck, of Henrietta. 20 THE PRESIDENT: Senator Johnson. 21 SENATOR JOHNSON: Move the 22 nomination. 23 THE PRESIDENT: All in favor of 24 the nomination of Robert M. Zinck, of 25 Henrietta, to be a member for a term to expire

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(518) 371-8910 1 December 31, 2007, on the New York State 2 Workers' Compensation Board, please signify by 3 saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The nominee is 8 hereby confirmed. 9 And the nominee is here, Robert M. 10 Zinck of Henrietta is here. 11 And we want to congratulate you and 12 wish you success in your term. 13 (Applause.) 14 THE PRESIDENT: The Secretary 15 will continue to read. 16 THE SECRETARY: As a member of 17 the Metropolitan Transportation Authority, 18 Francis H. Powers, of Staten Island. 19 THE PRESIDENT: Senator Johnson. 20 SENATOR JOHNSON: Move the 21 nomination. 22 THE PRESIDENT: Senator Golden. 23 SENATOR GOLDEN: Thank you, Madam 24 President. 25 I rise to second the nomination and

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(518) 371-8910 1 to move the nomination of Francis Powers to 2 the MTA authority. 3 Francis is a good man. Frank grew 4 up in Brooklyn, moved to Staten Island and 5 went to Wall Street. He revolutionized the 6 back offices of Wall Street and did a great 7 job of moving Wall Street forward in the '70s 8 and '80s. 9 He's also a remarkable man in all 10 the work that he's been able to do in the 11 not-for-profit world, in taking leadership 12 roles and making them extremely successful. 13 So he'll be a great man for the 14 MTA, and I hope that we move this appointment 15 today. 16 Thank you. 17 THE PRESIDENT: Senator Marchi. 18 SENATOR MARCHI: Madam President, 19 I was very pleased and delighted to see my 20 colleague spring to his feet. Of course he's 21 a lot younger than I am, with more spring in 22 his feet. But he made a most felicitous 23 nomination. 24 Frank Powers is a name that evokes 25 and elicits respect around Staten Island. He

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(518) 371-8910 1 is known for his determination to get a job 2 done. And he knows how important this is -- 3 as does my distinguished colleague -- to 4 Staten Island, to have someone in the 5 metropolitan vehicle for realizing the dreams 6 and the fidelity with which that area is 7 served, be well-protected. 8 And we will be well-protected with 9 Frank Powers. Frank Powers has been a leader 10 in so many local matters, as chairman of the 11 board of governors of the Staten Island Arts 12 and Sciences, as president of the Staten 13 Island Academy, board of trustees of 14 St. Vincent Hospital. 15 Madam President, when you just 16 examine the great variety that Frank Powers 17 has meant, service of a particularly special 18 flavor and effectiveness, it's not just an 19 assignment to him, or an adornment. It's a 20 challenge to bring to the people of that 21 community the full service of the respect that 22 it -- that they're entitled to have. 23 So I know that my colleague joins 24 me, so that we have -- you will have two 25 different arms out there cheering you on in

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(518) 371-8910 1 your efforts to do justice to an area which is 2 far removed. We're out in the Atlantic Ocean, 3 Madam President. We hope to have you down 4 very often, even though we are out in the 5 ocean. And I'm sure he'd be there to protect 6 you. 7 In any event, I'm so pleased to see 8 this nomination come to the floor. And not 9 only what it means for the welfare of the 10 people of Staten Island, but also it's a way 11 of telling him that we are grateful for the 12 service that he has rendered to that community 13 over the years, important service, leadership 14 services. And that that will be continued in 15 an island that's out there in the middle of 16 the Atlantic Ocean. 17 So I know that I'm enlarging on the 18 vastness of the dimension of his 19 responsibility. But that is as it should be, 20 because I know it will be worthy of 21 fulfillment, given his propensity for taking 22 good care of the assumptions and really 23 treasured opportunities that he recognizes for 24 public service. 25 So again, Madam President, I know

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(518) 371-8910 1 that you will be presiding over a very 2 fortuitous event, and we all rejoice in that 3 fact. 4 THE PRESIDENT: Senator 5 Montgomery. 6 SENATOR MONTGOMERY: Thank you, 7 Madam President. 8 I rise to join my colleagues in 9 seconding the nomination of Mr. Powers in 10 particular, but certainly also Mr. Vrooman. 11 And in Mr. Powers' case, although 12 he now unfortunately lives in Staten Island, 13 he did reside in Brooklyn, Brooklyn is really 14 his home, and he still has family members who 15 are in my district. And so I really feel that 16 I'm representing them. 17 On their behalf, I want to commend 18 and congratulate you for this appointment. 19 And I know of the extensive experience that 20 you have and that you bring to the MTA. And 21 certainly part of the greatness of New York 22 City is related to the wonderful public 23 transportation system that works 24 hours, 24 seven days a week. 25 So this is a very, very important

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(518) 371-8910 1 appointment to all of us who represent 2 New York City, but especially me in Brooklyn. 3 And I look forward to working with you as you 4 try to be creative, as creative as possible, 5 in fixing this system so that we don't have 6 the problems related to financing it, but also 7 that we create an MTA that looks more like a 8 public participation authority, that we work 9 together as partners in all that you do. 10 So thank you and congratulations to 11 you, Mr. Powers. 12 THE PRESIDENT: The question is 13 on the nomination of Francis H. Powers, of 14 Staten Island, for a term as a member of the 15 Metropolitan Transportation Authority. All in 16 favor please signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The nominee is 21 hereby confirmed. 22 And he is here today with his wife, 23 Diane. 24 Congratulations and best wishes. 25 (Applause.)

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will continue to read. 3 THE SECRETARY: As a member of 4 the Metropolitan Transportation Authority, 5 Edward A. Vrooman, of Garrison. 6 THE PRESIDENT: Senator Johnson. 7 SENATOR JOHNSON: Move the 8 nomination. 9 THE PRESIDENT: Senator Leibell. 10 SENATOR LEIBELL: Thank you, 11 Madam President. 12 I rise also on Ed Vrooman. Ed 13 Vrooman is being reappointed to a very 14 important position. He has served for some 15 time now and has served with great distinction 16 as a member of this board. It's a difficult 17 board to serve on. It's a complex one, and 18 certainly one that is in the spotlight 19 frequently, I think it's safe to say. 20 But we're grateful for your 21 service, Ed. You've done a tremendous job. I 22 would urge my colleagues to support this 23 nomination. We need your continued efforts on 24 that board. 25 THE PRESIDENT: The question is

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(518) 371-8910 1 on the nomination of Edward A. Vrooman, of 2 Garrison, for a term as a member of the 3 Metropolitan Transportation Authority. 4 All in favor please signify by 5 saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The nominee is 10 hereby confirmed. 11 And he is here today with his wife, 12 Linda. 13 Congratulations and best wishes for 14 success. 15 (Applause.) 16 THE PRESIDENT: The Secretary 17 will continue to read. 18 THE SECRETARY: As commissioner 19 of the State Insurance Fund, Eugene C. 20 Mazzola, of Webster. 21 As banking member of the State 22 Banking Board, Thomas Siciliano, of Commack. 23 As public member of the State 24 Banking Board, Frederick N. Antalek, of 25 Beacon.

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(518) 371-8910 1 As members of the Board of Trustees 2 of the State University of New York College of 3 Environmental Science and Forestry, Heidi J. 4 Busa, of Skaneateles; Daniel Fitts, of Lake 5 Placid; Gregory Harden, of McConnellsville; 6 Robert E. Moses, of Marietta; and Stephen F. 7 Sloan, of West Fulton. 8 As a member of the Advisory Council 9 on Alcoholism and Substance Abuse Services, 10 Peggy Pezzimenti Keller, of Olean. 11 As a member of the Minority Health 12 Council, Ronald Perry, of New York. 13 As members of the Public Health 14 Council, Robert W. Hurlbut, of Rochester, and 15 Herbert H. Friedman, of Lawrence. 16 As a member of the State Hospital 17 Review and Planning Council, Joseph A. 18 Crisafulli, of Loudonville. 19 As a member of the Board of 20 Visitors of the Central New York Developmental 21 Disabilities Services Office, John P. McCrea, 22 of Jamesville. 23 And as a member of the Board of 24 Visitors of the Western New York Developmental 25 Disabilities Services Office, Therese M. Mudd,

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(518) 371-8910 1 of Lewiston. 2 THE PRESIDENT: The question is 3 on the list of nominees to be confirmed as 4 read by the Secretary. All in favor please 5 signify by saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The nominees are 10 all hereby confirmed. 11 The Secretary will read. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bill direct to third reading: 15 Senate Print 5110A, by Senator 16 Spano, an act to amend the Arts and Cultural 17 Affairs Law. 18 THE PRESIDENT: Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 move to accept the report of the Rules 21 Committee. 22 THE PRESIDENT: All in favor of 23 accepting the report of the Rules Committee 24 please signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 THE PRESIDENT: Opposed, nay. 2 (No response.) 3 THE PRESIDENT: The report of the 4 Rules Committee is adopted. 5 Senator Skelos. 6 SENATOR SKELOS: Madam President, 7 if we could go to the noncontroversial reading 8 of the calendar. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 110, by Senator Hannon, Senate Print 758, an 13 act to amend the Public Health Law, in 14 relation to providing. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 434, by Senator Young, Senate Print 3427, an

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(518) 371-8910 1 act in relation to adjusting certain state aid 2 payments. 3 THE PRESIDENT: There is a local 4 fiscal impact note at the desk. 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 549, by Senator Volker, Senate Print 4004, an 15 act to allow a filing for state aid. 16 THE PRESIDENT: There is a local 17 fiscal impact note at the desk. 18 Read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect July 1, 2005. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 650, by Senator Volker, Senate Print 4098A, an 3 act in relation to adjusting certain state aid 4 payments. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 820, by Senator Leibell, Senate Print 4728, an 16 act to amend the Not-For-Profit Corporation 17 Law, in relation to dissolution. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 7. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. Nays, 25 1. Senator Duane recorded in the negative.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 835, by Senator Farley, Senate Print 4299, an 5 act to amend the Banking Law and the General 6 Business Law, in relation to business. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 5. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 885, by Senator Farley, Senate Print 3566, an 18 act to amend the Criminal Procedure Law, in 19 relation to authorizing. 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 5 889, by Senator DeFrancisco, Senate Print 6 4022, an act to amend the Criminal Procedure 7 Law, in relation to permitting. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 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 18 890, by Senator Volker, Senate Print 4023, an 19 act to amend the Criminal Procedure Law and 20 the Family Court Act, in relation to the 21 delivery. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 892, by Senator DeFrancisco, Senate Print 8 4051, an act to amend the Criminal Procedure 9 Law, in relation to service. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of January 14 next succeeding. 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 21 895, by Senator Volker, Senate Print 4207, an 22 act to repeal subdivision 6 of section 60.35. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. 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, 59. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 914, by Senator Robach, Senate Print 4401, an 9 act to amend the Administrative Code of the 10 City of New York, in relation to variable 11 annuity. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 916, by Senator Golden, Senate Print 4699, an 23 act to amend the Administrative Code of the 24 City of New York, in relation to ensuring. 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 immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 917, by Senator Robach, Senate Print 4767, an 11 act to amend the Administrative Code of the 12 City of New York, in relation to 13 transferred-contributors. 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 24 924, by Member of the Assembly Bradley, 25 Assembly Print Number 2619, an act to amend

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(518) 371-8910 1 the Public Authorities 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 12 956, by Senator Little, Senate Print 4916, an 13 act to amend the General Municipal Law, in 14 relation to balancing. 15 THE PRESIDENT: Read the last 16 section. 17 SENATOR LIZ KRUEGER: Lay it 18 aside. 19 THE PRESIDENT: The bill is laid 20 aside. 21 THE SECRETARY: Calendar Number 22 958, by Member of the Assembly Gunther, 23 Assembly Print Number 1683, an act to amend 24 the Real Property Tax Law, in relation to 25 providing.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of January. 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 11 967, by Senator Little, Senate Print 1183, an 12 act to amend Chapter 30 of the Laws of 1985, 13 relating to persons. 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 24 968, by Senator Winner, Senate Print 2453, an 25 act to amend the Education Law, in relation to

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(518) 371-8910 1 certain contracts. 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 12 969, by Senator LaValle, Senate Print 4333A, 13 an act to amend the Education Law, in relation 14 to establishing. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE PRESIDENT: Senator Stavisky, 22 to explain your vote. 23 SENATOR STAVISKY: To explain my 24 vote, Madam President. 25 I thank Senator LaValle, in his

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(518) 371-8910 1 absence, for including representation by the 2 minority on the commission, and I vote aye. 3 THE PRESIDENT: You will be so 4 recorded as voting in the affirmative. 5 The Secretary will announce the 6 results. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 980, by Senator Winner, Senate Print 1244, an 13 act to amend the Alcoholic Beverage Control 14 Law and the Vehicle and Traffic Law, in 15 relation to the imposition. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 3. 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, 57. Nays, 24 2. Senators Duane and Montgomery recorded in 25 the negative.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 982, by Senator Hannon, Senate Print 4569, an 5 act to amend the Public Health Law and the 6 General Business Law, in relation to 7 requiring. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 120th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. Nays, 15 1. Senator DeFrancisco recorded in the 16 negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 991, by Senator Maziarz, Senate Print 208, an 21 act to amend the Executive Law, in relation to 22 creating and authorizing. 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 immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1005, by Senator LaValle, Senate Print 5205, 9 an act to amend the Executive Law, in relation 10 to accreditation. 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, 59. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1016, by Senator Balboni, Senate Print 4985, 22 an act to amend the General Business Law, in 23 relation to payment. 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 on the 60th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1019, by Senator Fuschillo, Senate Print -- 10 SENATOR SKELOS: Lay it aside for 11 the day, please. 12 THE PRESIDENT: The bill is laid 13 aside for the day. 14 THE SECRETARY: Calendar Number 15 1023, by Senator Padavan, Senate Print 544A, 16 an act to amend the Penal Law, in relation to 17 possession. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 5. 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 SECRETARY: Ayes, 59.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1027, substituted earlier today by Member of 5 the Assembly Abbate, Assembly Print Number 6 4362, an act to amend the Penal Law and the 7 Administrative Code of the City of New York. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. Nays, 15 1. Senator Duane recorded in the negative. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1035, by Senator Nozzolio, Senate Print 5289, 20 an act to amend the Penal Law, in relation to 21 the crime of aggravated harassment. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1035 are 6 Senators Duane, Hassell-Thompson, L. Krueger 7 and Montgomery. 8 Ayes, 55. Nays, 4. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1042, by Senator Marcellino, Senate Print 13 3569, an act to amend the Environmental 14 Conservation Law and others, in relation to 15 establishing. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 16. 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, 59. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1051, by Senator Balboni, Senate Print 931, an 2 act to amend the Vehicle and Traffic Law, in 3 relation to aggravated unlicensed operation. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. Nays, 11 1. Senator Hassell-Thompson recorded in the 12 negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1058, by Senator Winner, Senate Print 3640, an 17 act to amend the Vehicle and Traffic Law, in 18 relation to towing of disabled vehicles. 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 1197, by Senator Bruno, Senate Print 4710, an 5 act to amend the Highway Law, in relation to 6 designating. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1205, by Senator Nozzolio, Senate Print 4358, 18 an act to amend the Real Property Tax Law, in 19 relation to veterans. 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, 59. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1234, substituted earlier today by Member of 6 the Assembly Abbate, Assembly Print Number 7 8291, an act to amend the Retirement and 8 Social Security Law and others, in relation to 9 providing death benefits. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1328, by Senator Spano, Senate Print 5110A, an 21 act to amend the Arts and Cultural Affairs 22 Law, in relation to resale pricing. 23 SENATOR MONTGOMERY: Lay it 24 aside. 25 THE PRESIDENT: The bill is laid

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(518) 371-8910 1 aside. 2 Senator Skelos, that completes the 3 reading of the noncontroversial calendar. 4 SENATOR SKELOS: Thank you, Madam 5 President. If we could go to the 6 controversial reading of the calendar. 7 THE PRESIDENT: The Secretary 8 will read. 9 SENATOR SKELOS: Well, maybe we 10 can ring the bells to alert the members first 11 that we're going to the controversial 12 calendar. 13 THE PRESIDENT: The Secretary 14 will ring the bell, and the members should 15 return to their seats. 16 SENATOR SKELOS: Madam President, 17 can we begin the controversial reading of the 18 calendar with Calendar Number 1328. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 1328, by Senator Spano, Senate Print 5110A, an 23 act to amend the Arts and Cultural Affairs 24 Law. 25 SENATOR SCHNEIDERMAN:

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(518) 371-8910 1 Explanation. 2 THE PRESIDENT: Senator Spano, an 3 explanation has been requested. 4 SENATOR SPANO: Madam President, 5 this bill continues the current law on ticket 6 scalping, with some changes, some changes that 7 were meant -- that change the current law that 8 currently hurts consumers in this state, that 9 forces our consumers into back alleys to 10 purchase tickets from the brokers. 11 So we extend the current law on 12 venues less than 6,000 seats and put 13 provisions in the law to increase the prices 14 for the fees for ticket brokers. It puts 15 protections in the law that currently do not 16 exist for eBay or eTicket type of purchases or 17 Internet sales. 18 THE PRESIDENT: Senator 19 Schneiderman. 20 SENATOR SCHNEIDERMAN: If the 21 sponsor would yield for a few questions. 22 THE PRESIDENT: Senator Spano, 23 will you yield for a question? 24 SENATOR SPANO: Yes. 25 THE PRESIDENT: You may proceed,

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(518) 371-8910 1 Senator. 2 SENATOR SCHNEIDERMAN: This bill 3 repeals the current limitation placed on the 4 maximum price at which a ticket may be sold 5 for an event at a venue with a seating 6 capacity of 6,000 seats or greater, does it 7 not? 8 SENATOR SPANO: That's correct. 9 SENATOR SCHNEIDERMAN: How does 10 repealing the limitation on the maximum price 11 at which a ticket can be sold help to protect 12 consumers? 13 SENATOR SPANO: Currently, it's 14 happening right now, Senator, there are -- 15 what we did was, because we have a law that 16 is -- that we're sandwiched between 17 Connecticut and New Jersey, which has a free 18 market, our consumers are purchasing these 19 tickets, people are selling the tickets in 20 violation of the law. Ticket brokers are 21 operating outside of the state of New York or 22 sometimes in the state of New York with an 23 800 number that might be located in 24 New Jersey. 25 And this will provide some

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(518) 371-8910 1 protection for consumers. It's about 2 free-market pricing with regard to venues with 3 6,000 seats or more. But it puts us in a 4 level playing field with our neighboring 5 states. 6 SENATOR SCHNEIDERMAN: Through 7 you, Madam President, if the sponsor would 8 continue to yield. 9 THE PRESIDENT: Senator Spano, do 10 you yield for a question again? 11 SENATOR SPANO: Yes. 12 THE PRESIDENT: You may proceed, 13 Senator. 14 SENATOR SCHNEIDERMAN: Well, if 15 the objective is to have free-market pricing, 16 why should we have a ticket scalping law at 17 all? If the argument is that the free market 18 works, why are we doing anything to try and 19 limit the depredations of these insidious 20 ticket scalpers in their back alleys? 21 SENATOR SPANO: Actually, it's an 22 interesting debate. And it's a debate that we 23 would like to engage you on if we can get the 24 Assembly to concur. 25 There are many people on this side

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(518) 371-8910 1 of the aisle that are for a free market, that 2 we should eliminate the entire law with 3 respect to ticket brokers and allow the law of 4 supply and demand to dictate the costs of the 5 tickets. 6 This bill represents a negotiated 7 agreement between the Assembly and this house 8 that I think provides the protections for our 9 consumers, that allows for our ticket brokers 10 who are currently operating outside of the 11 state of New York to come back into the 12 jurisdiction of the state of New York, and 13 puts in place some much-needed protections 14 with regard to Internet sales and eBay sales 15 as well. 16 SENATOR SCHNEIDERMAN: Thank you. 17 Through you, Madam President, if 18 the sponsor would continue to yield. 19 THE PRESIDENT: Senator Spano, do 20 you yield for a question? 21 SENATOR SPANO: Yes. 22 THE PRESIDENT: You may proceed, 23 Senator. 24 SENATOR SCHNEIDERMAN: So I just 25 want to make sure I'm not misunderstanding

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(518) 371-8910 1 what you're saying. 2 Is it your position that we should 3 be moving more towards the deregulation of 4 this market and that the compromise is that 5 the Assembly insisted on some remaining 6 protections? 7 SENATOR SPANO: It's my position 8 that the current law is not working for the 9 consumers, that this law provides a level 10 playing field for consumers in this state, 11 continues the current law with regard to 12 ticket scalping for venues of less than 6,000, 13 and puts some protections out there in place 14 for the people who need that type of help. 15 SENATOR SCHNEIDERMAN: Thank you. 16 If the sponsor would continue to 17 yield. 18 SENATOR SPANO: Sure. 19 THE PRESIDENT: Senator Spano 20 does yield. You may proceed. 21 SENATOR SCHNEIDERMAN: This law 22 has been in effect, I believe, since 1991. 23 Have you held any public hearings on this 24 issue of why we have this enforcement problem? 25 Because it's really an enforcement problem,

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(518) 371-8910 1 you're saying people are just not complying 2 with the law. 3 Have you had any hearings on this 4 enforcement problem? 5 SENATOR SPANO: There were a 6 number of hearings that were held by the 7 Assembly committee that we were able to 8 monitor. 9 We listened to and monitored 10 testimony that was presented by 11 representatives of the ticket brokers, by the 12 Internet, StubHub, eBay, the theater district, 13 Ticketmaster. All of those individuals 14 presented testimony at that hearing, and we 15 took all of that into account as we developed 16 this legislation. 17 SENATOR SCHNEIDERMAN: Through 18 you, Madam President. So the Assembly held 19 hearings, but the Senate has not held 20 hearings? 21 SENATOR SPANO: What we did was 22 monitor the work of the Assembly in the most 23 efficient way that we can, learned from some 24 of the testimony that was presented at their 25 hearings.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Thank you. 2 Thank the sponsor. 3 Through you, Madam President, on 4 the bill. 5 THE PRESIDENT: You may proceed 6 on the bill. 7 SENATOR SCHNEIDERMAN: I'll take 8 that as a yes. 9 The difficulty I have with this 10 piece of legislation is that it essentially 11 acknowledges that we have an enforcement 12 problem, that people are violating a law 13 designed to protect consumers, and says, Well, 14 people are violating our law, so we have to 15 give up. 16 The Senate has not held hearings on 17 the issue. This law has been in effect a long 18 time, and I think it does provide an important 19 protection. This is an area in which, if you 20 don't have any regulation, we know that it's 21 possible for scalpers to buy up tickets to 22 events and there's really no way to limit 23 their activities. 24 If there's no law against them 25 doing that and then reselling it, the problem

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(518) 371-8910 1 is likely, in my view, to become worse and not 2 improve as a result of these changes. 3 We have a law that's in effect that 4 clearly has enforcement issues. I would urge 5 that the right course of action is for the 6 Senate to conduct hearings focused on the 7 enforcement issues and looking at other states 8 where they have had more successful efforts to 9 regulate ticket scalping. 10 But that this bill, just by 11 repealing the maximum price, essentially is 12 capitulation. And I don't think it's the best 13 way to protect consumers. I think it is a 14 step in the wrong direction. 15 And to the extent that my 16 colleagues on the other side of the aisle in 17 this house are advocating that we should end 18 all the restrictions in this area altogether, 19 I think this is an area of law, like antitrust 20 law and other consumer protection laws, where 21 some government intervention is necessary, 22 because we're dealing here with a scarce 23 resource. 24 I think consumers are entitled to 25 some protection. I don't think ticket

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(518) 371-8910 1 scalpers should be able to buy up all the 2 tickets to an event and then triple or 3 quadruple the price. And therefore, because 4 of these flaws, I think I'm going to be 5 constrained to vote no. 6 I realize it's a difficult issue 7 and that negotiating a bill out at the last 8 minute makes life difficult. I don't know why 9 we waited until the last minute. This is 10 something that's been called to our attention 11 by other public agencies, by the attorney 12 general a long time ago, and it is something 13 we should have dealt with before we were right 14 up on the deadline. 15 So I will be voting no, Madam 16 President. Thank you. 17 THE PRESIDENT: Does any other 18 member wish to be heard? 19 Senator Krueger. 20 SENATOR LIZ KRUEGER: Thank you. 21 If the sponsor would yield, please, to a 22 question. 23 THE PRESIDENT: Senator Spano, 24 will you yield for a question? 25 SENATOR SPANO: Sure.

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(518) 371-8910 1 THE PRESIDENT: You may proceed, 2 Senator. 3 SENATOR LIZ KRUEGER: Thank you. 4 Just to clarify, what's the 5 difference between the rules for a venue of 6 over 6,000 and under 6,000 seats? 7 SENATOR SPANO: Over 6,000 is a 8 free market. 9 Under 6,000 basically continues the 10 current statute, with the exception of 11 Internet and eTicket. 12 SENATOR LIZ KRUEGER: Madam 13 President, if through you the sponsor would 14 continue to yield. 15 THE PRESIDENT: Senator Spano, do 16 you yield? 17 SENATOR SPANO: Yes. 18 THE PRESIDENT: You may proceed, 19 Senator. 20 SENATOR LIZ KRUEGER: Thank you. 21 So you state that with the 22 exception of Internet. So with Internet -- 23 I'm sorry, I'm trying to phrase the question 24 correctly. 25 If it was eBay, could they charge

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(518) 371-8910 1 anything they want for a ticket? 2 SENATOR SPANO: No, they can't. 3 SENATOR LIZ KRUEGER: They can't. 4 SENATOR SPANO: They cannot. 5 SENATOR LIZ KRUEGER: Madam 6 President, if through you the -- 7 SENATOR SPANO: If it's less than 8 6,000 venue. If it's over, yes. 9 SENATOR LIZ KRUEGER: Thank you. 10 Just to rephrase. 11 So if it's a venue over 6,000 -- 12 SENATOR SPANO: If it's a venue 13 over 6,000, it's a free market. 14 SENATOR LIZ KRUEGER: It's a free 15 market through the Internet. 16 SENATOR SPANO: It's a free 17 market across the board. 18 SENATOR LIZ KRUEGER: Across the 19 board. 20 Madam President, if, through you, 21 the sponsor would continue to yield. 22 THE PRESIDENT: Senator Spano, do 23 you yield? 24 SENATOR SPANO: Yes. 25 THE PRESIDENT: You may proceed,

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(518) 371-8910 1 Senator. 2 SENATOR LIZ KRUEGER: Thank you. 3 So as I read this, there's some 4 differentiation. And perhaps it's my lack of 5 understanding, which is why my questions 6 aren't as good as I would like, that only 7 the -- excuse me. Let me just read it. 8 That for Internet sales it would 9 only be an Internet website managed by the 10 operator of the place of entertainment to 11 which the ticket is sold, and if the ticket 12 was originally sold by the place of 13 entertainment. 14 My point in that is there's -- the 15 rules would be different for an eBay or a 16 Liz-Krueger-sells-tickets website versus a 17 Jets stadium website? 18 SENATOR SPANO: That language 19 would cover -- basically cover Ticketmaster. 20 So if you have Madison Square 21 Garden, Radio City Music Hall contract out 22 with Ticketmaster to sell all of their 23 tickets, that's the language that would 24 encumber them under the statute. 25 SENATOR LIZ KRUEGER: Madam

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(518) 371-8910 1 President, if through you the sponsor would 2 continue to yield. 3 THE PRESIDENT: Senator Spano, do 4 you yield? 5 SENATOR SPANO: Yes. 6 THE PRESIDENT: You may proceed, 7 Senator. 8 SENATOR LIZ KRUEGER: Thank you. 9 All right. So if it was a 10 Telecharge or someone else who was contracted 11 by the site, then they could charge anything 12 they liked as long as it was a venue of 13 greater than 6,000? 14 SENATOR SPANO: They would not be 15 required to get a license, but they would 16 still be covered under the statute for venues 17 under 6,000. 18 SENATOR LIZ KRUEGER: And if they 19 were over 6,000, then they could charge 20 anything -- 21 SENATOR SPANO: Free market. 22 Free market under any condition over 6,000. 23 SENATOR LIZ KRUEGER: Okay. So 24 thank you, Madam President. If the sponsor 25 would continue to yield.

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(518) 371-8910 1 THE PRESIDENT: Senator Spano, do 2 you yield? 3 SENATOR SPANO: Yes. 4 THE PRESIDENT: You may proceed, 5 Senator. 6 SENATOR LIZ KRUEGER: Thank you. 7 So again, we're talking about 8 venues over 6,000 it's free market. So if I 9 went to a Telecharge site or to the location 10 and I bought up 3,000 tickets, I could then 11 sell them at any price I wanted, free market, 12 over the Internet or standing on the street in 13 front of the venue? 14 SENATOR SPANO: As long as you 15 intend to use the tickets you purchase for 16 personal use, you're exempt. 17 So in my case, where I have 16 18 children in my family, I might be -- I would 19 not be suspect. In your case, you would be. 20 SENATOR LIZ KRUEGER: I could 21 have a lot of friends. 22 SENATOR SPANO: It's not 18, no. 23 Eighteen is a key number in my 24 life. Sorry. You know something about that, 25 Senator Krueger.

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(518) 371-8910 1 (Laughter.) 2 SENATOR LIZ KRUEGER: Madam 3 President, to refocus the question, if the 4 sponsor would continue to yield. 5 THE PRESIDENT: Senator Spano, do 6 you yield for a new question? 7 SENATOR SPANO: Yes. 8 SENATOR LIZ KRUEGER: I don't 9 have nearly as many cousins as Senator Spano, 10 Senator Sabini. 11 So clarify for me, the difference 12 was between personal use and for resale? 13 Because my understanding is if it's free 14 market you're saying I could buy 3,000 tickets 15 and not say it was for personal use and resell 16 them. 17 SENATOR SPANO: We extend the 18 current law as it relates for personal use. 19 We don't put any additional definition for 20 personal use in this extender of the law, but 21 it's covered under current law. 22 SENATOR LIZ KRUEGER: So we're 23 not talking -- excuse me. Madam President, 24 through you, if the sponsor would continue to 25 yield.

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(518) 371-8910 1 SENATOR SPANO: Yes. 2 THE PRESIDENT: He does yield, 3 Senator. You may proceed. 4 SENATOR LIZ KRUEGER: So freely 5 admitting it's not for personal use, it's for 6 a venue over 6,000, if I go and buy 3,000 7 tickets or 300 tickets for $25 each, with this 8 law I could sell them for whatever the market 9 would bear? 10 SENATOR SPANO: For a venue over 11 6,000. You would have to obtain a license. 12 SENATOR LIZ KRUEGER: I would 13 have to obtain a license. 14 SENATOR SPANO: And it would be a 15 free market. 16 SENATOR LIZ KRUEGER: Okay. And 17 so I could -- if, through you, Madam 18 President, the sponsor would continue to 19 yield. 20 THE PRESIDENT: Senator Spano, do 21 you yield for another question? 22 SENATOR SPANO: Yes. 23 THE PRESIDENT: You may proceed, 24 Senator. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 And I could do that through 2 Internet or through on the street, in any way 3 I wished to sell those tickets and at any 4 price? 5 SENATOR SPANO: As long as it's 6 over 6,000, it would be a free market. In any 7 way that you choose to purchase the ticket. 8 But if you purchase tickets of 9 3,000, you would have to apply for a license 10 within the jurisdiction that you apply. 11 SENATOR LIZ KRUEGER: Okay. 12 Madam President, if through you the sponsor 13 would continue to yield. 14 THE PRESIDENT: Senator Spano, do 15 you yield? 16 SENATOR SPANO: Yes. 17 THE PRESIDENT: You may proceed. 18 SENATOR SPANO: Over 6,000 is a 19 free market. 20 No, I was anticipating your 21 question. 22 (Laughter.) 23 SENATOR LIZ KRUEGER: I think the 24 floor is still mine. 25 Would I have to collect sales tax

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(518) 371-8910 1 on my resale of those and submit those to the 2 locality and the state? 3 SENATOR SPANO: If -- the statute 4 is silent on the issue. But if it's for 5 personal use, I'd say no. 6 That would be a Taxation and 7 Finance issue. I would presume that you would 8 have to pay sales tax if a sales tax is 9 applicable. 10 SENATOR LIZ KRUEGER: Madam 11 President, if through you the sponsor would 12 continue to yield. 13 THE PRESIDENT: Senator Spano, do 14 you yield? 15 SENATOR SPANO: Yes. 16 THE PRESIDENT: You may proceed. 17 SENATOR LIZ KRUEGER: Thank you. 18 Would I, when I filed as a 19 business -- because again, I'm not assuming 20 I'm using my 3,000 tickets for personal use -- 21 and I'm filing with the state, do I have any 22 other rules that I have to follow other than I 23 have filed with the state and I can buy as 24 many tickets as I want and do whatever I want 25 with them as long as it's a venue large than

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(518) 371-8910 1 6,000 seats? Are there any other rules I'd 2 have to follow? 3 SENATOR SPANO: There are no 4 other restrictions in this proposed statute. 5 SENATOR LIZ KRUEGER: Thank you, 6 Madam President. On the bill. 7 THE PRESIDENT: You may proceed 8 on the bill. 9 SENATOR LIZ KRUEGER: Thank you. 10 I'm not sure the sponsor's answers 11 clarified my questions. I do recognize that 12 we have a dilemma with other states who 13 haven't had anti-scalping laws, and we do, and 14 that there's a game that gets played, 15 particularly in the world of the Internet, 16 where when one state has a set of rules and 17 another state doesn't but you can transact all 18 of your business through non-state-specific 19 Internet sites, that you end up perhaps with 20 unfairness between states or, more likely, 21 cheating going on between people who pretend 22 to be in a state that doesn't license or make 23 illegal scalping compared to a state such as 24 New York that has. 25 But I can't accept an argument that

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(518) 371-8910 1 we should pass a law that says whoever can get 2 there with the biggest amount of money on the 3 first day for any event should have the right 4 to get all of the tickets and then charge 5 whatever fees they choose to add on for them. 6 I think that there's a structural 7 imbalance between what the performer may 8 actually be being paid for performing at said 9 venue, based on the expectation of ticket 10 sales and estimated ticket sales. I think 11 there are serious tax questions about who 12 would be tracking and collecting the tax on a 13 ticket being legally scalped for $300 or $500 14 versus the $100 price on the ticket. 15 I think there's an almost implied 16 bias against the consumer, who's just the 17 individual who wants to go out and see a 18 sports event or a musical event or, I suppose, 19 a theater event at a very large venue above 20 6,000 seats, versus someone who is a 21 sophisticated Internet operator who might be 22 able to corner the market on all of the seats 23 or all the desirable seats and then in fact 24 charge enormous amounts of money that did not 25 go back to either the venue operator or to the

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(518) 371-8910 1 performers or the employees of that venue. 2 While I respect the concept that 3 free market has advantages, for any number of 4 reasons, over government regulation, and it's 5 certainly easier not to have government 6 regulation, this bill makes me extraordinarily 7 uncomfortable. Because I think at the end of 8 the day what we will see is enormously 9 increased costs for tickets to venues where 10 neither the performers receive the higher 11 income, the operators of the venue receive the 12 higher revenue, but certainly the consumers 13 end up paying higher tickets or are locked out 14 of their opportunities to see things simply 15 because they couldn't pay these higher fees. 16 I don't know if we can come up with 17 better models of regulation for addressing 18 some of the problems that were outlined as the 19 reason for this law. I am very disturbed that 20 we're being asked to deal with this literally 21 at the date of the deadline of the existing 22 law, and without an opportunity for more 23 discussion and more evaluation and more 24 options. 25 But I have to say in my heart I

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(518) 371-8910 1 feel this is an anti-consumer bill where 2 somebody will make a lot more money but it 3 will be neither the performers at these venues 4 or the people running these venues at the 5 disadvantage and at the cost of consumers. So 6 I'll vote no, and I hope my colleagues will 7 join me. 8 Thank you, Madam President. 9 THE PRESIDENT: Senator Sabini. 10 SENATOR SABINI: Thank you, Madam 11 President. 12 If the sponsor would yield for a 13 couple of questions. 14 THE PRESIDENT: Senator Spano, 15 will you yield for a question? 16 SENATOR SPANO: Yes. 17 SENATOR SABINI: I actually 18 worked on this issue when I was a member of 19 the New York City Council. And I am for free 20 market on this. I think that we -- New York 21 State and New York City have sort of missed 22 the boat on this. 23 The sponsor outlined conditions 24 that exist in New Jersey and Connecticut. 25 There are people operating right now within

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(518) 371-8910 1 New York with New Jersey telephones. And with 2 the Internet now, it's very hard to police 3 anyone. 4 But I think it's important with the 5 change, particularly since this bill addresses 6 venues of more than 6,000, the change in the 7 sports economy. And for my colleagues that 8 don't know what's going on in the sports 9 economy, the Yankees are talking about making 10 a stadium with fewer seats so they can sell 11 more luxury boxes. So there will be fewer 12 seats for people. 13 The Jets, if they ever get their 14 stadium, will probably be asking for something 15 called a personal seat license, which would 16 take me an hour to explain, but basically 17 you'll have to pay a fee in order to buy a 18 ticket. Ever. 19 So there are going to be fewer 20 tickets available for people. And I see the 21 only way for the common person to get tickets 22 to choice events that they want to is through 23 ticket brokers. So I actually think this is 24 in many ways pro-consumer. 25 But I want to outline a couple of

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(518) 371-8910 1 hypotheticals that I still don't know the 2 answer to, after having discussed it with the 3 sponsor and discussing it with staff. 4 You can now set up a ticket -- if 5 this bill becomes law, you could set up a 6 ticket brokerage firm in New York State 7 licensed under the State of New York under the 8 supervision of the Attorney General. Is that 9 correct? 10 SENATOR SPANO: That's correct. 11 SENATOR SABINI: If the sponsor 12 would continue to yield. 13 THE PRESIDENT: Senator Spano, do 14 you yield? 15 SENATOR SPANO: Yes. 16 THE PRESIDENT: You may proceed, 17 Senator. 18 SENATOR SABINI: Under this bill 19 now, I understand that the Yankees or the Mets 20 or other teams, the Bills, could put their 21 tickets on their own website for resale at an 22 unlimited cost. That's correct? 23 SENATOR SPANO: There's nothing 24 to prevent that, that's correct. 25 SENATOR SABINI: Does this bill

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(518) 371-8910 1 allow the website commonly known as StubHub, 2 which allows season ticketholders to put their 3 tickets up for resale toward a third-party 4 website, which is currently operating right 5 now, I believe in the State of New York? 6 SENATOR SPANO: It would 7 facilitate the resale of tickets for a 8 competitive bidding process between third 9 parties, which is StubHub. 10 SENATOR SABINI: StubHub. EBay? 11 SENATOR SPANO: EBay, a bit 12 different, but yes. 13 SENATOR SABINI: Okay. If the 14 sponsor would continue to yield, Madam 15 President. 16 SENATOR SPANO: Yes. 17 THE PRESIDENT: The sponsor 18 yields. You may proceed. 19 SENATOR SABINI: If you were 20 selling tickets on craigslist, which happens 21 now, which is a personal website that people 22 buy and sell stuff without an intermediary, 23 just through, in effect, like an ad in the 24 back of a newspaper, but you were doing it in 25 a big volume way that, you know, would be sort

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(518) 371-8910 1 of hard to track on craigslist, would you be 2 able to do that legally under this bill? 3 SENATOR SPANO: Yes. 4 SENATOR SABINI: If you 5 registered as a broker. 6 SENATOR SPANO: Yes. And they 7 would be exempt from the bill. 8 SENATOR SABINI: So if someone 9 put tickets up for sale on craigslist under 10 this -- if this bill were to become law, and 11 you weren't listed as a broker, I just said, 12 Gee, I've got extra Mets tickets, I want to 13 sell them quickly, I'll put them on 14 craigslist, would be that illegal under this 15 bill? 16 SENATOR SPANO: Craigslist would 17 be exempt and not covered by the statute. 18 SENATOR SABINI: Not covered by 19 the statute. So it would be illegal, if this 20 bill passed, to do that? 21 SENATOR SPANO: No, it would be 22 legal. 23 SENATOR SABINI: It would be 24 legal. 25 SENATOR SPANO: Yes.

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(518) 371-8910 1 SENATOR SABINI: Even though it's 2 not a competitive bidding process. 3 SENATOR SPANO: Yes. 4 SENATOR SABINI: Okay. Thank 5 you, Madam President. 6 THE PRESIDENT: Does any other 7 member wish to be heard? 8 SENATOR SPANO: As long as it's 9 over 6,000. 10 THE PRESIDENT: Senator Krueger. 11 SENATOR LIZ KRUEGER: If the 12 sponsor would yield to an additional question, 13 please. 14 THE PRESIDENT: Senator Spano, do 15 you yield? 16 SENATOR SPANO: Yes. 17 THE PRESIDENT: You may proceed, 18 Senator. 19 SENATOR LIZ KRUEGER: Thank you. 20 The answer you just gave to Senator 21 Sabini raised another question for me. 22 So if I sold my tickets on 23 craigslist -- I bought tickets for $100 each 24 to some event in a venue greater than 6,000, 25 and I didn't want to use them or decided to

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(518) 371-8910 1 sell them on craigslist to Senator Sabini, he 2 bought them from me for $500 each, then he 3 went to the event but it was canceled, and so 4 he had the tickets and they canceled, he's 5 out -- they'll give him back $100 face value 6 on the ticket and he's out the other $400? Is 7 that part of the risk of the free market in 8 ticket sales? 9 SENATOR SPANO: Let me try to 10 clear up the confusion. 11 SENATOR LIZ KRUEGER: Okay. 12 SENATOR SPANO: We have a chapter 13 amendment that will be coming on this bill on 14 Monday that is in print now -- but our only 15 way of doing it today would be to do it with a 16 message, so we're doing it Monday. It would 17 clear up the issue of craigslist and would -- 18 and when we talk about the resales between 19 third parties, those resales would be exempt. 20 SENATOR LIZ KRUEGER: I'm sorry. 21 Madam President, if through you the sponsor 22 would continue to yield. 23 SENATOR SPANO: If I could 24 continue. 25 SENATOR LIZ KRUEGER: Please.

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(518) 371-8910 1 SENATOR SPANO: The -- as we 2 mentioned to Senator Sabini, on StubHub, which 3 is a competitive bidding process between third 4 parties, the -- eBay is basically the same 5 type of principle. On this issue, it's 6 somewhat different, and we'll handle that in 7 our chapter amendment that will be coming 8 Monday. 9 SENATOR LIZ KRUEGER: Madam 10 President, if through you the sponsor would 11 continue to yield. 12 THE PRESIDENT: Senator Spano, do 13 you yield? 14 SENATOR SPANO: Yes. 15 THE PRESIDENT: You may proceed. 16 SENATOR LIZ KRUEGER: Thank you. 17 And perhaps I'm just not understanding the 18 language you're using, I apologize. 19 So you're saying in eBay or a 20 StubHub or craigslist, they all fall into the 21 same category that will be dealt with with the 22 chapter amendment and -- 23 SENATOR SPANO: They would all 24 fall into the same category because they're 25 all dealing with purchases between third

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(518) 371-8910 1 parties. 2 SENATOR LIZ KRUEGER: Okay. And 3 when that comes out, if I've paid a third 4 party $500 for tickets but the third party 5 only paid the venue $100, and there's some 6 cancellation, will I always be out that 7 whatever supplemental cost I paid above and 8 beyond the ticket price? 9 SENATOR SPANO: The language of 10 the bill requires that Internet operators 11 would have to make refunds if the person does 12 not get what they're entitled to. So that's a 13 current part of -- a change in the law that 14 doesn't exist for the new way of selling 15 tickets that are out there through the 16 Internet. 17 SENATOR LIZ KRUEGER: Madam 18 President, on the bill. I guess on the future 19 chapter amendment. 20 THE PRESIDENT: You may proceed 21 on the bill. 22 SENATOR LIZ KRUEGER: I thank the 23 Senator for his clarification. 24 I'm sorry, it raises another red 25 flag to me that in an attempt to, quote,

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(518) 371-8910 1 unquote, go to a free-market system, under 2 this bill we're actually increasing the 3 buyer-beware factor in third-party purchase of 4 tickets through the Internet to a much higher 5 level. 6 Because I'm not at all clear how 7 the State of New York would regulate or ensure 8 that if I bought tickets at a price greater 9 than the ticket price through a third party 10 and then the venue canceled whatever event -- 11 and it certainly happens, for a variety of 12 different reasons -- that I, the consumer, 13 would ever have a way to get back the actual 14 price I paid for these tickets. 15 I can't imagine a scenario where 16 the State of New York will send police out to 17 the other email address on eBay or craigslist 18 or Senator Sabini's knowledgeable StubHub 19 model. 20 And that we're actually creating 21 even added problems for consumers, and create 22 a whole new category of potential fraud on 23 behalf of third-party sellers and people 24 trying to buy tickets in a new market that we 25 will have created that we call a free market

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(518) 371-8910 1 but that will be to some degree an unregulated 2 national Internet market. 3 And so my concerns are doubled. So 4 again, I urge my colleagues to think about 5 this before they vote for this bill. 6 Thank you, Madam President. 7 THE PRESIDENT: Does any other 8 member wish to be heard? 9 Then the debate is closed. 10 The Secretary will ring the bell. 11 Read the last section. 12 THE SECRETARY: Section 12. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: The Secretary 17 will announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1328 are 20 Senators Diaz, Dilan, Duane, L. Krueger, 21 LaValle, Morahan, Padavan, Parker, Paterson, 22 Schneiderman, Serrano, M. Smith and Valesky. 23 Those Senators absent from voting: 24 Connor, Gonzalez, Sampson and A. Smith. 25 Ayes, 44. Nays, 13.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 956, by Senator Little, Senate Print 4916, an 5 act to amend the General Municipal Law, in 6 relation to balancing. 7 THE PRESIDENT: Read the last 8 section. 9 SENATOR LIZ KRUEGER: 10 Explanation. 11 THE PRESIDENT: Senator Little, 12 an explanation has been requested. 13 SENATOR LITTLE: Thank you, Madam 14 President. 15 Frequently we have one municipality 16 which proposes a project within another 17 municipality which has zoning ordinances. 18 This bill would require a balancing of public 19 interests in reference to these projects which 20 are located in more than one jurisdiction. 21 And the bill basically codifies a Court of 22 Appeals decision in 1988 which said that you 23 need to balance the powers out. 24 And what the bill does is establish 25 a procedure with nine factors that need to be

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(518) 371-8910 1 considered when one project is within another, 2 as to whether it has to comply with the zoning 3 code or whether it can be exempt from that. 4 This bill is out of Rural 5 Resources. It passed the Senate last year, 6 under the sponsorship of our late Senator 7 McGee, 59-0. 8 THE PRESIDENT: Senator Krueger. 9 SENATOR LIZ KRUEGER: Thank you, 10 Madam President. 11 Thank you for the explanation. 12 If the Senator -- excuse me, if the 13 sponsor would yield for a question. 14 THE PRESIDENT: Senator Little, 15 do you yield? 16 SENATOR LITTLE: Yes, certainly. 17 THE PRESIDENT: You may proceed. 18 SENATOR LIZ KRUEGER: Thank you. 19 I'm still confused about scalping tickets for 20 the moment. 21 Actually, I like this bill. And 22 I'm wondering, as it's envisioned, would it 23 apply also if public authorities were 24 attempting to encroach on a local town or 25 municipality with a --

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(518) 371-8910 1 SENATOR LITTLE: It possibly 2 could. 3 SENATOR LIZ KRUEGER: It would 4 apply to public authorities as well. 5 SENATOR LITTLE: For instance, 6 within my district I have the Olympic Regional 7 Development Authority. If they were going to 8 build a venue within one of the 9 municipalities. 10 And it also would apply for an 11 airport authority, development authority 12 building an airport. 13 SENATOR LIZ KRUEGER: Thank you. 14 Madam President, if the sponsor 15 would continue to yield. 16 THE PRESIDENT: Senator Little, 17 do you yield? 18 SENATOR LITTLE: Yes, I yield. 19 THE PRESIDENT: You may proceed, 20 Senator. 21 SENATOR LIZ KRUEGER: Thank you. 22 And would this bill in any way 23 affect the use of eminent domain to override 24 or work around zoning issues at the local 25 level? Do you know if it would have an impact

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(518) 371-8910 1 on -- 2 SENATOR LITTLE: I believe the 3 bill applies to whether or not the 4 municipality that is building within another 5 municipality is exempt from the building code 6 or not. That's all. 7 SENATOR LIZ KRUEGER: Thank you. 8 Thank you, Madam President. On the 9 bill. 10 THE PRESIDENT: You may proceed 11 on the bill. 12 SENATOR LIZ KRUEGER: Thank you. 13 I am delighted to support Senator 14 Little's bill. I'm not sure it goes far 15 enough from my perspective, but I'm very 16 interested in seeing when colleagues from 17 other parts of the state that very often have 18 rural communities, more often than the 19 experiences that we have in New York City, 20 find themselves with the same kind of problems 21 we have in New York City, where we've got 22 different levels of government encroaching and 23 in fact knocking down local municipal 24 positions and rules in order to accomplish 25 goals that they feel are bigger than the

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(518) 371-8910 1 concerns of a local town or municipality. 2 In the City of New York just in the 3 last few months, I can talk to you about 4 situations where in Brooklyn we have eminent 5 domain and zoning exemption issues with the 6 MTA. In Senator Velmanette Montgomery's 7 district, we have issues of eminent domain and 8 exemptions from zoning. Arguments being made 9 for the Jets stadium in Senator Duane's 10 district, near my own district. We have 11 fights in my own district with the MTA over 12 whether a large building that would 13 potentially be explosive should be located 14 right near St. Patrick's Cathedral, raising 15 many concerns for me in my district and 16 certainly the Catholic Diocese of Manhattan. 17 We've got too many entities, public 18 authorities and levels of government, that 19 they define anything as the public good, 20 regardless of what the purpose is for, and 21 then feel that they have the right to exempt 22 themselves from zoning codes or the 23 participation of the local community or local 24 government. 25 So perhaps, if I was to recommend

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(518) 371-8910 1 amendments to your bill for a later date, I 2 would lay out some more specific examples of 3 what should and shouldn't be allowed without 4 local participation in the items that you do 5 list out, to highlight some of the ways that 6 local governments should and local communities 7 should have the right to be participants in 8 changes in the use of their lands. 9 And I hope that this Legislature 10 will move forward with further exploration of 11 legislation that would require local 12 participation prior to eminent domain use by 13 public authorities, clarification of the 14 public good when selling or trading off 15 government land, involvement by communities 16 and their local governments in zoning 17 discussions and environmental reviews, and so 18 many other areas. 19 So I am very glad to see that there 20 is -- not parallel problems, because nobody 21 wants problems, obviously, in their 22 communities, but recognition that the State of 23 New York should look seriously at how we use 24 our own authority to sometimes bulldoze over 25 our local governments and our local community

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(518) 371-8910 1 needs. 2 So I am happy to support the bill 3 and hope everyone here will vote for it. 4 Thank you, Madam President. 5 THE PRESIDENT: Does any other 6 member wish to be heard? 7 Then the debate is closed. 8 The Secretary will ring the bell. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of July. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE PRESIDENT: The Secretary 15 will announce the results. 16 THE SECRETARY: Ayes, 57. Nays, 17 0. 18 Those Senators absent from voting 19 on Calendar Number 956: Senators Connor, 20 Gonzalez, Sampson and A. Smith. 21 THE PRESIDENT: The bill is 22 passed. 23 Senator Skelos. 24 SENATOR SKELOS: Madam President, 25 is there any further business to come before

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(518) 371-8910 1 the Senate? 2 THE PRESIDENT: Could we please 3 have order in the chamber. 4 Senator Skelos, we do have a 5 motion. 6 SENATOR SKELOS: There is further 7 business? 8 THE PRESIDENT: Yes, we do. 9 SENATOR SKELOS: Can we conduct 10 this business at this time. 11 THE PRESIDENT: Senator Nozzolio. 12 SENATOR NOZZOLIO: Thank you. 13 Madam President, I wish to call up 14 Print Number 2636, recalled from the Assembly, 15 which is now at the desk. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 226, by Senator Rath, Senate Print 2636, an 20 act to adjust. 21 SENATOR NOZZOLIO: Madam 22 President, I now move to reconsider the vote 23 by which this bill passed. 24 THE PRESIDENT: We need order in 25 the chamber. Thank you to the members.

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(518) 371-8910 1 The Secretary will call the roll 2 upon reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 SENATOR NOZZOLIO: I now offer 6 the following amendments. 7 THE PRESIDENT: The amendments 8 are received. 9 Senator Skelos. 10 SENATOR SKELOS: Madam President, 11 there being no further business to come before 12 the Senate, I move we stand adjourned until 13 Thursday, June 2nd, at 11:00 a.m. 14 THE PRESIDENT: There being no 15 further business, on motion, the Senate stands 16 adjourned until Thursday, June 2nd, 11:00 a.m. 17 (Whereupon, at 4:26 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25

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(518) 371-8910