Thursday, June 2, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 2, 2005 11 11:03 a.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 Wednesday, June 1, the Senate met pursuant to 18 adjournment. The Journal of Tuesday, May 31, 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 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Madam 9 President, on behalf of Senator Bonacic, on 10 page number 68 I offer the following 11 amendments to Calendar Number 1257, Senate 12 Print Number 4656, and ask that said bill 13 retain its place on Third Reading Calendar. 14 THE PRESIDENT: The amendments 15 are received, and the bill will retain its 16 place on the Third Reading Calendar. 17 SENATOR FUSCHILLO: Thank you. 18 THE PRESIDENT: Senator 19 Montgomery. 20 SENATOR MONTGOMERY: Yes, Madam 21 President. On behalf of Senator Breslin, I 22 offer the following amendment. On page number 23 40, I offer an amendment to Calendar Number 24 936, Senate Bill Number 1595A, and ask that 25 said bill retain its place on Third Reading

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(518) 371-8910 1 Calendar. 2 THE PRESIDENT: The amendments 3 are received, and that bill will retain its 4 place on the Third Reading Calendar. 5 Senator Skelos. 6 SENATOR SKELOS: Madam President, 7 I believe there are six resolutions at the 8 desk. If we could have the titles read and 9 move for their immediate adoption. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: By Senator 13 Skelos, Legislative Resolution Number 2250, 14 paying tribute to the life and accomplishments 15 of William Kirby Long, retired Captain, United 16 States Naval Reserve. 17 By Senator Leibell, Legislative 18 Resolution Number 2251, commemorating the 19 50th Anniversary of Temple Beth Shalom of 20 Mahopac, New York, to be celebrated on June 5, 21 2005. 22 By Senator Leibell, Legislative 23 Resolution Number 2252, commemorating the life 24 of Mary E. Fay upon the occasion of being 25 honored on June 4, 2005, at the Putnam Chapter

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(518) 371-8910 1 of the American Cancer Society's 7th Annual 2 Relay for Life. 3 By Senator Leibell, Legislative 4 Resolution Number 2253, commemorating the life 5 of James McDonough upon the occasion of being 6 honored on June 4, 2005, at the Putnam Chapter 7 of the American Cancer Society's 7th Annual 8 Relay for Life. 9 By Senator Leibell, Legislative 10 Resolution Number 2254, commending Wendy and 11 Joel Greenberg upon the occasion of their 12 designation for special honor by Temple Beth 13 Shalom on June 5, 2005. 14 And by Senator Morahan, Legislative 15 Resolution Number 2255, honoring Irving S. 16 Schrom upon the occasion of his designation as 17 recipient of the Shofar Award by the Hudson 18 Valley Council, Boy Scouts of America Jewish 19 Committee on Scouting, on June 5, 2005. 20 THE PRESIDENT: On the 21 resolutions, all in favor please signify by 22 saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

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(518) 371-8910 1 THE PRESIDENT: The resolutions 2 are adopted. 3 Senator Skelos. 4 SENATOR SKELOS: Thank you, Madam 5 President if we could go to the 6 noncontroversial calendar. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 111, by Member of the Assembly Gottfried, 11 Assembly Print Number 5349, an act to amend 12 the Public Health Law, in relation to the 13 removal. 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, 40. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 405, by Senator Morahan, Senate Print 3413, an 25 act to amend the Mental Hygiene Law, in

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(518) 371-8910 1 relation to including. 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, 40. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 792, by Senator Spano, Senate Print 5208, an 13 act to amend the Tax Law and the 14 Administrative Code of the City of New York. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 13. This 18 act shall take effect only upon enactment by 19 the United States. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 40. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 839, by Senator Farley, Senate Print 5081, an 2 act to amend the Banking Law, in relation to 3 the state charter deposit program. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 3. 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, 40. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 896, by Senator Volker, Senate Print 4208, an 15 act to amend the Criminal Procedure Law, in 16 relation to securing attendance. 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, 40. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 913, by Senator Robach, Senate Print 4400A, an 3 act to amend the Retirement and Social 4 Security Law, in relation to providing. 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, 40. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1003, by Senator Wright, Senate Print 4379, an 16 act to amend the Education Law, in relation to 17 eligibility. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of January. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 40. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1025, by Senator Stachowski, Senate Print 4 1604, an act to amend the Penal Law, in 5 relation to the definition of assault in the 6 second degree. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of 11 November. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 40. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1026, by Senator Balboni, Senate Print 1927, 19 an act to amend the Penal Law, in relation to 20 creating the crimes of solicitation. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the first of 25 November.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 40. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1028, by Senator Volker, Senate Print 2545, an 8 act to amend the Criminal Procedure Law, in 9 relation to persons designated. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 180th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 41. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1044, by Senator Marcellino, Senate Print 21 4117, an act to amend the Environmental 22 Conservation Law, in relation to the 23 interstate mining compact. 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, 41. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1073, by Senator Libous, Senate Print 5226, an 10 act to amend the Vehicle and Traffic Law, in 11 relation to the maximum dimension. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 41. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1074, by Senator Seward, Senate Print 5262, an 23 act to amend the Highway Law, in relation to 24 the New York State Scenic Byways System. 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, 41. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1075, by Senator Trunzo, Senate Print 1682, an 11 act in relation to requiring state agencies. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 41. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1078, by Member of the Assembly Abbate, 23 Assembly Print Number 7195, an act to amend 24 the Education Law, in relation to service 25 credit.

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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 immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 41. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1090, by Senator Rath -- 12 SENATOR SAVINO: Lay it aside, 13 please. 14 THE PRESIDENT: The bill is laid 15 aside. 16 THE SECRETARY: Calendar Number 17 1094, by Senator Meier, Senate Print 5195, an 18 act to amend the Family Court Act, the 19 Domestic Relations Law and others, in relation 20 to the legal powers of custodians. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 7. This 24 act shall take effect on the 90th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 41. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1095, by Senator Meier, Senate Print 5228, an 7 act to amend the Social Services Law, in 8 relation to health professionals. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 41. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1101, by Senator LaValle, Senate Print 3261, 20 an act authorizing the Town of Shelter Island 21 in Suffolk County. 22 THE PRESIDENT: There is a 23 home-rule message at the desk. 24 Read the last 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, 43. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1102, by Senator Winner, Senate Print 3415, an 9 act to authorize the County of Schuyler to 10 discontinue. 11 THE PRESIDENT: There is a 12 home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 6. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 44. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1107, by Senator Bonacic, Senate Print 3887, 23 an act to amend the General Municipal Law -- 24 SENATOR LIZ KRUEGER: Lay it 25 aside.

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(518) 371-8910 1 THE PRESIDENT: The bill is laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1108, by Senator Trunzo, Senate Print 4138, an 5 act to amend the Real Property Tax Law, in 6 relation to limiting base proportions. 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, 45. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1110, by Senator Trunzo, Senate Print 4564, an 18 act in relation to authorizing Hands Across 19 Long Island -- 20 THE PRESIDENT: Senator Trunzo. 21 SENATOR TRUNZO: Please star that 22 bill. 23 THE PRESIDENT: The bill will be 24 starred. So ordered. 25 SENATOR TRUNZO: Thank you.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will continue to read. 3 THE SECRETARY: Calendar Number 4 1111, by Senator Skelos, Senate Print 4644, an 5 act authorizing the assessor of the County of 6 Nassau to accept an application. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 45. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1113, by Senator Hannon, Senate Print 4798, an 18 act authorizing the assessor of the County of 19 Nassau to accept an application. 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, 45. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1114, by Senator Hannon, Senate Print 4799, an 6 act to authorize the assessor of the County of 7 Nassau to accept an application. 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, 44. Nays, 15 1. Senator Bonacic recorded in the negative. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1118, by Senator Little, Senate Print 5257, an 20 act to amend the General Municipal Law, in 21 relation to training requirements. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 3. 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: Ayes, 45. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1119, by Senator Little, Senate Print 5292, an 9 act to amend the Real Property Tax Law, in 10 relation to simplifying. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 45. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1124, by Senator Hannon, Senate Print 746, an 22 act to amend the Not-For-Profit Corporation 23 Law, in relation to authorizing. 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, 45. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1132, by Senator Wright, Senate Print 4559, an 10 act to amend the State Finance Law, in 11 relation to payment. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 45. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1134, by Senator LaValle, Senate Print 2863B, 23 an act to amend the Education Law, in relation 24 to requiring. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 180th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 47. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1139, by Senator Marcellino, Senate Print 654, 11 an act to amend the Labor Law, in relation to 12 waiting periods. 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, 47. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1146, by Senator Balboni, Senate Print 936A, 24 an act to amend the Insurance Law and the 25 Public Health Law, in relation to the

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(518) 371-8910 1 confidentiality. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 4. This 5 act shall take effect on the 120th day. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 47. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1163, by Senator A. Smith, Senate Print 1816, 13 an act authorizing the City of New York to 14 reconvey its interest in certain real 15 property. 16 THE PRESIDENT: There is a 17 home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 47. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1167, by Member of the Assembly Gantt, 3 Assembly Print Number 8182, an act relating to 4 certain payments of aid and incentives. 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, 49. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1190, by Senator Saland, Senate Print 5050, an 16 act to amend the Education Law, in relation to 17 accountability of school districts. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 22. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 49. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1267, by Senator Marcellino, Senate Print 4 890A, an act to amend the Education Law and 5 the Executive Law, in relation to audits of 6 school districts. 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, 49. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1278, by Senator Balboni, Senate Print 2969A, 18 an act to amend the General Municipal Law, in 19 relation to establishing. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. 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, 49. 2 THE PRESIDENT: The bill is 3 passed. 4 Senator Skelos, that completes the 5 reading of the noncontroversial calendar. 6 SENATOR SKELOS: Thank you, Madam 7 President. If we could go to the 8 controversial reading at this time. 9 THE PRESIDENT: The Secretary 10 will ring the bell, and the members should 11 return to their seats. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1090, by Senator Rath, Senate Print 1512, an 15 act to amend the Social Services Law. 16 THE PRESIDENT: Senator Savino. 17 SENATOR SAVINO: Madam President, 18 through you, would the sponsor yield for a 19 few, just a few questions. 20 THE PRESIDENT: Senator Rath, 21 will you yield for a question? 22 SENATOR RATH: Yes. 23 THE PRESIDENT: You may proceed, 24 Senator. 25 SENATOR SAVINO: Thank you, Madam

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(518) 371-8910 1 President. 2 I'm not questioning the intent of 3 the bill, because I agree with it; I just have 4 a couple of technical questions. 5 As a former caseworker who had to 6 arrange and facilitate visitation between 7 children and parents, children and siblings, 8 the question I have is, have we determined who 9 would qualify under this broadened definition 10 of important adults in the role of prospective 11 foster children? 12 SENATOR RATH: Senator, the bill 13 was requested by the presiding judge of the 14 New York State Supreme Court 8th Judicial 15 District. And her comment was that there are 16 so many times that judges feel that their 17 hands are tied for putting together the kind 18 of program for a child when they're about to 19 go into foster care. And as a former social 20 worker, I know that you know that. 21 The bill does not draw out the 22 lines of the persons who would be acceptable 23 to be the ones. But the court would decide 24 that. I think the judge felt that sometimes 25 there would be a minister in the church, let's

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(518) 371-8910 1 say in the case of an accident, father and 2 mother killed and the child put out there, 3 there might be -- you know, people might come 4 forward to say: I know this family, I've been 5 part of them all their life -- or a coach, in 6 the case of a young man, let's say, who wanted 7 to continue to have some kind of a 8 relationship. 9 SENATOR SAVINO: Madam President, 10 again, through you, if she would continue to 11 yield. Just one more. 12 THE PRESIDENT: Senator Rath, do 13 you continue to yield? 14 SENATOR RATH: Certainly. 15 THE PRESIDENT: She does yield. 16 You may proceed, Senator. 17 SENATOR SAVINO: Thank you. 18 With that answer you actually 19 answered most of the questions I have. One 20 more, though. 21 Have the agencies that would be 22 required to implement this been involved in 23 the discussion or the planning of it? Because 24 it would actually layer another level of 25 visitation requirements on what in many

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(518) 371-8910 1 respects is a overburdened casework staff. 2 SENATOR RATH: I have not heard 3 anything from any of them. 4 But Judge Townsend, Judge Sharon 5 Townsend has been extremely active in the 6 Family Courts before she ascended to the 7 position in the Supreme Court and has been 8 asking for this piece of legislation year 9 after year. So I'm sure that they will 10 somehow figure out a way to implement it. 11 Again, it's another step, but I 12 think maybe it's just another question or two 13 to be asked at that time. 14 SENATOR SAVINO: Thank you. 15 THE PRESIDENT: Does any other 16 member wish to be heard? 17 Then the debate is closed. 18 The Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE PRESIDENT: Senator Skelos. 25 SENATOR SKELOS: Madam President,

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(518) 371-8910 1 are we ready? 2 THE PRESIDENT: The Secretary 3 will announce the results. 4 THE SECRETARY: In relation to 5 Calendar Number 1090: Ayes, 50. 6 Those Senators absent from voting: 7 Senators Flanagan, Paterson, Sampson and 8 Seward. 9 THE PRESIDENT: The bill is 10 passed. 11 Senator Bonacic. 12 SENATOR BONACIC: Thank you, 13 Madam President. 14 I had been outside of the chambers 15 attending a business meeting. And had I been 16 here, on Calendar Number 1113, Senate Bill 17 Number 4798, I would have wanted to be 18 recorded in the negative. 19 THE PRESIDENT: The record will 20 so reflect that, Senator Bonacic. 21 SENATOR BONACIC: Thank you, 22 Madam President. 23 THE PRESIDENT: You're welcome. 24 The Secretary will continue to 25 read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1107, by Senator Bonacic, Senate Print 3887, 3 an act to amend the General Municipal Law. 4 SENATOR LIZ KRUEGER: 5 Explanation. 6 THE PRESIDENT: Senator Bonacic, 7 an explanation has been requested. 8 SENATOR BONACIC: Thank you, 9 Madam President. 10 There was a home rule request for 11 the Town of Wawayanda, in Orange County, 12 wanting to establish an industrial development 13 agency in that town. An industrial 14 development agency is a corporate government 15 agency with three to seven employees whose 16 sole purpose is to stimulate economic 17 development in that particular town. 18 We have created over 125 IDAs by 19 this State Legislature. And this is the 20 fourth year that I have introduced this bill. 21 And the last three years, it has passed the 22 Senate with total negative votes of three. 23 SENATOR LIZ KRUEGER: Thank you, 24 Madam President. 25 THE PRESIDENT: Senator Krueger.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: As one of 2 the three, may I ask the sponsor to yield. 3 THE PRESIDENT: Senator Bonacic, 4 will you yield for a question? 5 SENATOR BONACIC: Absolutely. 6 THE PRESIDENT: You may proceed 7 with a question, Senator Krueger. 8 SENATOR LIZ KRUEGER: Thank you. 9 Senator, what's the population of 10 the Town of Wawayanda? 11 SENATOR BONACIC: Wawayanda? You 12 pronounced that pretty well, actually. 13 SENATOR LIZ KRUEGER: I tried. 14 SENATOR BONACIC: The population 15 is approximately about 22,000. Plus or minus. 16 SENATOR LIZ KRUEGER: Thank you, 17 Madam President. If the sponsor would 18 continue to yield. 19 THE PRESIDENT: Senator 20 Bonacic -- 21 SENATOR BONACIC: I do. 22 THE PRESIDENT: -- does yield. 23 You may proceed. 24 SENATOR LIZ KRUEGER: Thank you. 25 Is there a specific purpose that

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(518) 371-8910 1 they need this IDA for at this point in time? 2 SENATOR BONACIC: They don't have 3 a particular corporate client that wants to 4 locate there. But they border on State 5 Highway 17 and Interstate 84, which is very 6 prime land for a corporate client. And they 7 have quite a bit of acreage with what they 8 call PUD zoning, which is like a flex zoning 9 that can fit and be customed to an industrial 10 client that would go there. 11 They don't have much rateables in 12 town. This used to be agricultural lands. 13 And then we had a residential explosion since 14 9/11 and, you know, school taxes are going up 15 and they're looking for rateables. And the 16 IDA would be a tool to help expedite landing a 17 corporate client. 18 SENATOR LIZ KRUEGER: Thank you. 19 Madam President, I'll speak on the 20 bill. 21 Thank you, Senator Bonacic. 22 THE PRESIDENT: You may proceed 23 on the bill, Senator. 24 SENATOR LIZ KRUEGER: Thank you. 25 I appreciate the Senator's

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(518) 371-8910 1 responses. And I certainly have no opposition 2 to the community of Wawayanda wanting to 3 develop available lands. 4 But I asked the questions on the 5 bill to have an opportunity to highlight what 6 I think is a flaw in New York State's 7 structure at this point in time, where we 8 do -- as Senator Bonacic said, we've created 9 over 125 IDAs. We renew them even when 10 they're not in operation. We did one the 11 other day, one that had not been used but was 12 sunsetting and so we renewed its existence. 13 I don't really think the right 14 answer for the State of New York is to 15 continue to create, town by town, small 16 industrial development agencies that have the 17 authority to issue bonds, that have the 18 ability to exempt lands from taxation. Who, 19 again, attempt to negotiate I believe most 20 times in good faith on behalf of their 21 specific town, but without any perspective on 22 the broader land use or planning or 23 development and economic development needs of 24 even the geographic county, better yet the 25 State of New York.

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(518) 371-8910 1 So I appreciate that I believe 2 Senator Bonacic is requesting this because 3 this town wants this, because they believe 4 that that is the way for them to move forward 5 with possible negotiations on land along two 6 highways in their town. 7 But again, I would argue that the 8 State of New York needs to reevaluate both 9 smart growth, regional planning, coordination 10 between towns as opposed to the potential of 11 continued border wars or even tax wars between 12 Town A and Town B using these IDAs as the 13 mechanism by which they negotiate tax policy, 14 land use policy and planning. 15 And so while I have no issue with 16 Wawayanda or Senator Bonacic's desire to do 17 what he believes a town in his district wants, 18 I would urge this Legislature to think through 19 that we have done over 125 of these IDAs. 20 There are studies done by the Comptroller's 21 office showing that there are severe problems 22 that have grown out of some of these IDAs 23 around the state. And that clearly New York 24 State is not moving forward with a smart 25 regional planning or smart growth plan for

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(518) 371-8910 1 itself. 2 Senator Bonacic's explanation 3 highlighted changes in the community. He said 4 that it's grown from agriculture to 5 residential, up to 22,000 in the last few 6 years. The way for New York State to plan for 7 growth in population and for economic 8 development is not to have a huge number of 9 off-budget authorities operating in a vacuum 10 and often competing with each other and 11 competing with smart growth plans for the 12 state. 13 So I will vote against this bill, 14 as I would urge us all to think through why we 15 should not continue to create new IDAs but, 16 rather, ask the question what should New York 17 State be doing better and smarter to meet the 18 needs of all of our communities, rather than 19 setting these competing entities up who 20 compete with local governments, county 21 governments and each other. 22 Thank you, Madam President. 23 THE PRESIDENT: Does any other 24 member wish to be heard? 25 Then the debate is closed.

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(518) 371-8910 1 The Secretary will ring the bell. 2 There is a home-rule message at the 3 desk. 4 Read the last 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 PRESIDENT: The Secretary 10 will announce the results. 11 THE SECRETARY: In relation to 12 Calendar Number 1107, those recorded in the 13 negative: Senator L. Krueger. 14 Those Senators absent from voting: 15 Senators Flanagan, Paterson, Sampson and 16 Seward. 17 Ayes, 49. Nays, 1. 18 THE PRESIDENT: The bill is 19 passed. 20 Senator Skelos, that completes the 21 reading of the controversial calendar. 22 Senator Rath. 23 SENATOR RATH: Madam President, I 24 move that the following bill be discharged 25 from its respective committee and be

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(518) 371-8910 1 recommitted with instructions to strike the 2 enacting clause: 2542A. 3 THE PRESIDENT: So ordered, 4 Senator Rath. 5 Senator Skelos. 6 SENATOR SKELOS: Madam President, 7 there's going to be a meeting of the Rules 8 Committee. And upon completion of the Rules 9 Committee, we'll just report it back to the 10 Senate floor and we will not take up any 11 further legislation. 12 So have a great weekend. But there 13 is an immediate meeting of the Rules 14 Committee. 15 THE PRESIDENT: There will be an 16 immediate meeting of the Rules Committee. 17 The Senate stands at ease. 18 (Whereupon, the Senate stood at 19 ease at 11:38 a.m.) 20 (Whereupon, the Senate reconvened 21 at 11:50 a.m.) 22 SENATOR SKELOS: Mr. President. 23 ACTING PRESIDENT ALESI: Senator 24 Skelos. 25 SENATOR SKELOS: Thank you, Mr.

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(518) 371-8910 1 President. 2 If we could return to reports of 3 standing committees, I believe there's a 4 report of the Rules Committee at the desk. I 5 ask that it be read, with your permission, at 6 this time. 7 ACTING PRESIDENT ALESI: With my 8 permission, the Secretary will read the Rules 9 report. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bills: 13 Senate Print 80, by Senator Volker, 14 an act to amend the Tax Law; 15 117, by Senator Maziarz, an act to 16 amend the Vehicle and Traffic Law; 17 186, by Senator Balboni, an act to 18 amend the Penal Law; 19 443, by Senator Larkin, an act to 20 amend the Environmental Conservation Law; 21 501, by Senator Nozzolio, an act to 22 amend the Criminal Procedure Law; 23 661, by Senator Marcellino, an act 24 to amend the Criminal Procedure Law; 25 750, by Senator Hannon, an act to

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(518) 371-8910 1 amend the Civil Practice Law and Rules; 2 783, by Senator Fuschillo, an act 3 to amend the Penal Law; 4 788, by Senator Fuschillo, an act 5 to amend the Penal Law; 6 789, by Senator Fuschillo, an act 7 to amend the Penal Law; 8 790, by Senator Fuschillo, an act 9 to amend the Penal Law; 10 893, by Senator Winner, an act to 11 amend the Tax Law; 12 974, by Senator Alesi, an act to 13 amend the Penal Law; 14 2384, by Senator Morahan, an act to 15 amend the Executive Law; 16 2518, by Senator Maltese, an act to 17 amend the General Municipal Law; 18 2525, by Senator Seward, an act in 19 relation to permitting; 20 2806, by Senator Flanagan, an act 21 to amend the Correction Law; 22 2986, by Senator Wright, an act to 23 amend the Uniform Justice Court Act; 24 3200, by Senator Johnson, an act to 25 amend the Tax Law;

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(518) 371-8910 1 3713, by Senator Skelos, an act to 2 amend the Criminal Procedure Law; 3 4028, by Senator Farley, an act to 4 amend the Executive Law; 5 4069A, by Senator Little, an act to 6 amend the Public Officers Law; 7 4582, by Senator Leibell, an act to 8 amend the Civil Practice Law and Rules; 9 4776, by Senator Brown, an act to 10 amend the Economic Development Law; 11 And Senate Print 5092, by Senator 12 Meier, an act to amend the Executive Law and 13 others. 14 All bills ordered direct to third 15 reading. 16 ACTING PRESIDENT ALESI: Senator 17 Skelos. 18 SENATOR SKELOS: Mr. President, I 19 move to accept the report of the Rules 20 Committee. 21 ACTING PRESIDENT ALESI: All in 22 favor of accepting the report of the Rules 23 Committee say aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT ALESI: Opposed,

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(518) 371-8910 1 nay. 2 (No response.) 3 ACTING PRESIDENT ALESI: The 4 report is accepted. 5 Senator Skelos. 6 SENATOR SKELOS: Thank you, Mr. 7 President. 8 There being no further business to 9 come before the Senate, I move we stand 10 adjourned until Monday, June 6th, at 11 3:00 p.m., intervening days being legislative 12 days. 13 ACTING PRESIDENT ALESI: Thank 14 you, Senator. 15 On motion, the Senate stands 16 adjourned until Monday, June 6th, at 17 3:00 p.m., intervening days being legislative 18 days. 19 (Whereupon, at 11:53 a.m., the 20 Senate adjourned.) 21 22 23 24 25

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(518) 371-8910