Monday, June 6, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 6, 2005 11 3:13 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 Sunday, June 5, the Senate met pursuant to 18 adjournment. The Journal of Saturday, June 4, 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: Thank you, 9 Madam President. 10 On behalf of Senator Seward, I move 11 that the following bill be discharged from its 12 respective committee and be recommitted with 13 instructions to strike the enacting clause: 14 Senate Print Number 4639A. 15 THE PRESIDENT: So ordered. 16 SENATOR FUSCHILLO: On behalf of 17 Senator Golden, I move to amend Senate Bill 18 Number 3828B by striking out the amendments 19 made on June 3rd and restoring it to its 20 previous print, 3828A. 21 THE PRESIDENT: So ordered. 22 SENATOR FUSCHILLO: Madam 23 President, amendments are offered to the 24 following Third Reading Calendar bills: 25 Sponsored by Senator Larkin, page

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(518) 371-8910 1 number 10, Calendar Number 313, Senate Print 2 Number 2352; 3 By Senator Spano, page number 18, 4 Calendar Number 544, Senate Print Number 3138; 5 By Senator Spano, page number 48, 6 Calendar Number 1071, Senate Print Number 7 5120; 8 By Senator Fuschillo, page number 9 49, Calendar Number 1086, Senate Print Number 10 3425A; 11 By Senator Trunzo, page number 61, 12 Calendar Number 1226, Senate Print Number 13 5094; 14 By Senator Golden, page number 61, 15 Calendar Number 1229, Senate Print Number 16 5150; 17 By Senator Little, page number 68, 18 Calendar Number 1293 and 1296, Senate Print 19 Numbers 5326 and 5329. 20 I now move that these bills retain 21 their place on the order of third reading. 22 THE PRESIDENT: The amendments 23 are received, and the bills will retain their 24 place on the Third Reading Calendar. 25 SENATOR FUSCHILLO: Thank you.

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(518) 371-8910 1 THE PRESIDENT: Senator Skelos. 2 SENATOR SKELOS: Madam President, 3 there will be an immediate meeting of the 4 Rules Committee in the Majority Conference 5 Room. 6 THE PRESIDENT: There will be an 7 immediate meeting of the Rules Committee in 8 the Majority Conference Room. 9 Senator Meier. 10 SENATOR MEIER: Thank you, Madam 11 President. 12 Madam President, I wish to call up 13 my bill, Print Number 3318, recalled from the 14 Assembly, which is now at the desk. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 433, by Senator Meier, Senate Print 3318, an 19 act in relation to adjusting certain state aid 20 payments. 21 SENATOR MEIER: Madam President, 22 I now move to reconsider the vote by which 23 this bill was passed. 24 THE PRESIDENT: The Secretary 25 will call the roll upon reconsideration.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 45. 3 SENATOR MEIER: Madam President, 4 I now offer the following amendments. 5 THE PRESIDENT: The amendments 6 are received. 7 SENATOR MEIER: Thank you, Madam 8 President. 9 I now wish to call up Senator 10 Farley's bill, Senate Print Number 4029, 11 recalled from the Assembly, which is now at 12 the desk. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 943, by Senator Farley, Senate Print 4029, an 17 act to authorize. 18 SENATOR MEIER: Madam President, 19 I now move to reconsider the vote by which 20 this bill was passed. 21 THE PRESIDENT: The Secretary 22 will call the roll upon reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 45. 25 SENATOR MEIER: Madam President,

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(518) 371-8910 1 I now offer the following amendments. 2 THE PRESIDENT: The amendments 3 are received. 4 SENATOR MEIER: Thank you. 5 THE PRESIDENT: Senator Spano. 6 SENATOR SPANO: Are there any 7 substitutions at the desk, Madam President? 8 THE PRESIDENT: Yes, there are, 9 Senator. 10 SENATOR SPANO: I ask that they 11 be read. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: On page 43, 15 Senator Spano moves to discharge, from the 16 Committee on Rules, Assembly Bill Number 3426 17 and substitute it for the identical Senate 18 Bill Number 3834, Third Reading Calendar 1001. 19 On page 45, Senator Alesi moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 1621A and substitute it 22 for the identical Senate Bill Number 4999, 23 Third Reading Calendar 1017. 24 On page 71, Senator Volker moves to 25 discharge, from the Committee on

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(518) 371-8910 1 Investigations and Government Operations, 2 Assembly Bill Number 312 and substitute it for 3 the identical Senate Bill Number 80, Third 4 Reading Calendar 1329. 5 On page 71, Senator Nozzolio moves 6 to discharge, from the Committee on Rules, 7 Assembly Bill Number 1685 and substitute it 8 for the identical Senate Bill Number 501, 9 Third Reading Calendar 1333. 10 On page 72, Senator Winner moves to 11 discharge, from the Committee on 12 Investigations and Government Operations, 13 Assembly Bill Number 1079 and substitute it 14 for the identical Senate Bill Number 893, 15 Third Reading Calendar 1340. 16 On page 72, Senator Maltese moves 17 to discharge, from the Committee on Civil 18 Service and Pensions, Assembly Bill Number 19 6060 and substitute it for the identical 20 Senate Bill Number 2518, Third Reading 21 Calendar 1343. 22 On page 72, Senator Seward moves to 23 discharge, from the Committee on Civil Service 24 and Pensions, Assembly Bill Number 5450 and 25 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 2525, Third Reading Calendar 1344. 2 On page 73, Senator Johnson moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 6284 and substitute it 5 for the identical Senate Bill Number 3200, 6 Third Reading Calendar 1347. 7 On page 73, Senator Farley moves to 8 discharge, from the Committee on Finance, 9 Assembly Bill Number 7055 and substitute it 10 for the identical Senate Bill Number 4028, 11 Third Reading Calendar 1349. 12 And on page 73, Senator Meier moves 13 to discharge, from the Committee on Crime 14 Victims, Crime and Correction, Assembly Bill 15 Number 714B and substitute it for the 16 identical Senate Bill Number 5092, Third 17 Reading Calendar 1353. 18 THE PRESIDENT: Substitutions 19 ordered. 20 Senator Spano. 21 SENATOR SPANO: There's a 22 Resolution 2279 at the desk, by Senator 23 Bonacic. I ask that the title be read. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Bonacic, Legislative Resolution Number 2279, 3 commending the Valedictorians, Salutatorians 4 and Honored Students of the 42nd Senate 5 District, in recognition of their outstanding 6 accomplishments, at a celebration to be held 7 at the State Capitol on June 8, 2005. 8 THE PRESIDENT: All in favor of 9 the resolution please signify by saying aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The resolution is 14 adopted. 15 Senator Spano. 16 SENATOR SPANO: Can we ask the 17 Senate to stand at ease pending the completion 18 of the Rules Committee. 19 THE PRESIDENT: The Senate will 20 stand at ease. 21 (Whereupon, the Senate stood at 22 ease at 3:19 p.m.) 23 (Whereupon, the Senate reconvened 24 at 3:29 p.m.) 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Senate will come to order. 2 Senator Skelos. 3 SENATOR SKELOS: Madam President, 4 if we could return to reports of standing 5 committees, I believe there's a report of the 6 Rules Committee at the desk. I ask that it be 7 read at this time. 8 ACTING PRESIDENT LITTLE: Reports 9 of standing committees. 10 The Secretary will read. 11 THE SECRETARY: Senator Bruno, 12 from the Committee on Rules, reports the 13 following bills: 14 Senate Print 129, by Senator 15 Trunzo, an act to amend the Real Property Tax 16 Law; 17 407, by Senator Padavan, an act to 18 amend the Vehicle and Traffic Law; 19 439, by Senator Larkin, an act to 20 amend the Vehicle and Traffic Law; 21 753, by Senator Hannon, an act to 22 amend the Vehicle and Traffic Law; 23 1241A, by Senator Winner, an act to 24 authorize; 25 2842, by Senator Flanagan, an act

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(518) 371-8910 1 to amend the Executive Law; 2 3437A, by Senator Golden, an act to 3 amend the Retirement and Social Security Law; 4 3691, by Senator Maziarz, an act to 5 amend the Real Property Tax Law; 6 4042, by Senator Saland, an act to 7 authorize; 8 4103, by Senator Morahan, an act to 9 amend the Environmental Conservation Law; 10 4306, by Senator Wright, an act to 11 amend the Education Law; 12 4315, by Senator Oppenheimer, an 13 act to authorize; 14 4655, by Senator Bruno, an act 15 authorizing; 16 4793B, by Senator Skelos, an act to 17 amend the Correction Law; 18 4811, by Senator Skelos, an act to 19 amend the Executive Law; 20 4836, by Senator DeFrancisco, an 21 act to amend the Civil Practice Law and Rules; 22 4960A, by Senator Wright, an act to 23 amend the Alcoholic Beverage Control Law; 24 5024, by Senator Alesi, an act to 25 amend the Vehicle and Traffic Law;

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(518) 371-8910 1 5179, by the Senate Committee on 2 Rules, an act to amend; 3 5260, by Senator Volker, an act to 4 amend the Parks, Recreation and Historic 5 Preservation Law; 6 5296, by Senator Meier, an act 7 authorizing; 8 5355, by Senator Spano, an act to 9 amend the Penal Law; 10 5375, by the Senate Committee on 11 Rules, an act to amend the Tax Law; 12 5389, by Senator Maltese, an act to 13 amend a chapter of the laws; 14 5404, by Senator Skelos, an act to 15 amend the Correction Law; 16 5470, by Senator Skelos, an act to 17 amend the Executive Law; 18 And Senate Print 5542, by Senator 19 Spano, an act to amend the Arts and Cultural 20 Affairs Law. 21 All bills ordered direct to third 22 reading. 23 ACTING PRESIDENT LITTLE: Senator 24 Skelos. 25 SENATOR SKELOS: Move to accept

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(518) 371-8910 1 the report of the Rules Committee. 2 ACTING PRESIDENT LITTLE: All in 3 favor of accepting the report of the Rules 4 Committee signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT LITTLE: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT LITTLE: The 10 report is accepted. 11 Senator Skelos. 12 SENATOR SKELOS: Thank you, Madam 13 President. 14 If we could go to the 15 noncontroversial reading of the calendar. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 424, by Senator Farley, Senate Print 1851A, an 21 act to amend the Election Law and the State 22 Finance Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 467, by Senator Larkin, Senate Print 435, an 10 act to amend the Environmental Conservation 11 Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 482, by Member of the Assembly Gantt, Assembly 24 Print Number 7534, an act to amend Chapter 329 25 of the Laws of 2002.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 57. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 615, by Member of the Assembly Pheffer, 13 Assembly Print Number 7710, an act to amend 14 the General Business Law. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 677, by Member of the Assembly Lopez, Assembly 2 Print Number 6878A, an act to amend the Real 3 Property Tax Law. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT LITTLE: Senator 12 Dilan. 13 To explain your vote, Senator? 14 SENATOR DILAN: Yes, on the bill, 15 to explain my vote. 16 I just want to thank Senator Marty 17 Golden and Senator Maltese for helping to 18 bring this bill to the floor today. 19 This bill would impact Greenpoint 20 and Williamsburg of my district, where it 21 would allow developers to take advantage of 22 the 421A tax exemption when they provide for a 23 minimum of 20 percent affordable housing only. 24 And I also want to thank and 25 congratulate Assemblyman Vito Lopez for

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(518) 371-8910 1 passing the same-as bill in the Assembly. 2 Thank you. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Dilan will be recorded in 6 the affirmative. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Ayes, 56. Nays, 10 1. Senator DeFrancisco recorded in the 11 negative. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 683, by Senator Seward, Senate Print 4321, an 16 act to amend the Insurance law. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. Nays, 25 1. Senator LaValle recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 690, by Member of the Assembly Magee, Assembly 5 Print Number 6428, an act to amend the 6 Agriculture and Markets Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 705, by Member of the Assembly Gunther, 19 Assembly Print Number 6827A, an act to amend 20 Chapter 262 of the Laws of 2002. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LITTLE: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT LITTLE: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 707, by Senator Seward, Senate Print 123, an 8 act to amend the Criminal Procedure Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 SENATOR MONTGOMERY: Lay it 12 aside. 13 ACTING PRESIDENT LITTLE: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 779, by Senator Little, Senate Print 4013, an 17 act to amend the Tax Law. 18 ACTING PRESIDENT LITTLE: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 785, by Senator Seward, Senate Print 4363, an 5 act to amend the Tax Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 788, by Senator Leibell, Senate Print 4762A, 18 an act to amend the Public Officers Law. 19 SENATOR MONTGOMERY: Lay it 20 aside. 21 ACTING PRESIDENT LITTLE: The 22 bill is laid aside. 23 THE SECRETARY: Calendar Number 24 791, by Senator Spano, Senate Print 5206, an 25 act to amend the Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 57. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 800, by Member of the Assembly Rivera, 13 Assembly Print Number 2972, an act to amend 14 the Mental Hygiene Law. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 874, by Member of the Assembly Brodsky, 2 Assembly Print Number 5488, an act to amend 3 the Public Health Law. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 30th day. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 912, by Senator Robach, Senate Print 4295, an 16 act to amend the Civil Service Law. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 926, by Member of the Assembly Nesbitt, 4 Assembly Print Number 6435, an act to amend 5 Chapter 672 of the Laws of 1993. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 954, by Member of the Assembly Morelle, 18 Assembly Print Number 1351, an act to amend 19 the General Municipal Law. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of January. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 955, by Senator Little, Senate Print 4911A, an 7 act to amend the Town Law and the Village Law. 8 ACTING PRESIDENT LITTLE: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 979, by Senator Skelos, Senate Print 980A, an 20 act to amend the Public Health Law. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LITTLE: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT LITTLE: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1002, by Senator DeFrancisco, Senate Print 8 4071A, an act to authorize the Fabius Pompey 9 Central School District. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 9. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1007, by Senator Skelos, Senate Print 5342, an 22 act to amend the Executive Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 SENATOR MONTGOMERY: Lay it

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(518) 371-8910 1 aside. 2 ACTING PRESIDENT LITTLE: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 1010, by Senator Alesi, Senate Print 1075, an 6 act to amend the General Business Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 180th day. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1065, by Senator Savino, Senate Print 4336, an 19 act to amend the Public Authorities Law. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. Nays, 3 1. Senator Montgomery recorded in the 4 negative. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1082, by Member of the Assembly Lentol, 9 Assembly Print Number 6343, an act to amend 10 the Civil Service Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of March. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1084, by Senator Robach, Senate Print 4222, an 23 act to amend the Retirement and Social 24 Security Law. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1122, by Senator Morahan, Senate Print 5339, 12 an act to amend Chapter 744 of the Laws of 13 1992. 14 ACTING PRESIDENT LITTLE: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1133, by Senator Wright, Senate Print 5367, an

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(518) 371-8910 1 act to amend Chapter 522 of the Laws of 2000. 2 ACTING PRESIDENT LITTLE: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1144, by Senator Maziarz, Senate Print 5410, 14 an act to amend the Labor Law, in relation to 15 inclusion. 16 ACTING PRESIDENT LITTLE: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 60th day. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT LITTLE: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1152, by Senator Larkin, Senate Print 2351, an 3 act to amend the Racing, Pari-Mutuel Wagering 4 and Breeding Law. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. Nays, 13 1. Senator Padavan recorded in the negative. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1154, by Senator Bonacic, Senate Print 3346, 18 an act to amend the Tax Law. 19 ACTING PRESIDENT LITTLE: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1154 are 3 Senators L. Krueger, Montgomery and Padavan. 4 Ayes, 54. Nays, 3. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1156, by Senator Alesi, Senate Print 3585, an 9 act to amend the Tax Law. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1156 are 19 Senators Balboni, L. Krueger, LaValle, 20 Montgomery, Padavan and Saland. 21 Ayes, 51. Nays, 6. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1157, by Member of the Assembly Magee,

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(518) 371-8910 1 Assembly Print Number 7649, an act to amend 2 the Racing, Pari-Mutuel Wagering and Breeding 3 Law. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1174, by Senator Hannon, Senate Print 5323, an 16 act to amend the Surrogate's Court Procedure 17 Act. 18 ACTING PRESIDENT LITTLE: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1177, by Senator Balboni, Senate Print 3174, 5 an act to amend the General Business Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1171, by Senator DeFrancisco, Senate Print 18 4342, an act to amend the Estates, Powers and 19 Trusts Law. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1183, by Senator Flanagan, Senate Print 4987, 7 an act to amend the General Business Law. 8 ACTING PRESIDENT LITTLE: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 60th day. 12 SENATOR MONTGOMERY: Lay it 13 aside. 14 ACTING PRESIDENT LITTLE: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 1187, by Member of the Assembly Jacobs, 18 Assembly Print Number 4248, an act to amend 19 Chapter 631 of the Laws of 1997. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1329, substituted earlier today by Member of 7 the Assembly Burling, Assembly Print Number 8 312, an act to amend the Tax Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 30th day. 13 ACTING PRESIDENT LITTLE: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 56. Nays, 17 1. Senator Valesky recorded in the negative. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1330, by Senator Maziarz, Senate Print 117, an 22 act to amend the Vehicle and Traffic Law and 23 the State Finance Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1331, by Senator Balboni, Senate Print 186, an 11 act to amend the Penal Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the -- 16 SENATOR BALBONI: Lay that bill 17 aside for the day, please. 18 ACTING PRESIDENT LITTLE: The 19 bill is laid aside for the day. 20 SENATOR BALBONI: Thank you. 21 THE SECRETARY: Calendar Number 22 1332, by Senator Larkin, Senate Print 443, an 23 act to amend the Environmental Conservation 24 Law. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 56. Nays, 8 1. Senator Serrano recorded in the negative. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1333, substituted earlier today by Member of 13 the Assembly Gunther, Assembly Print Number 14 1685, an act to amend the Criminal Procedure 15 Law. 16 ACTING PRESIDENT LITTLE: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. Nays, 25 2. Senators Montgomery and L. Krueger

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(518) 371-8910 1 recorded in the negative. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1334, by Senator Marcellino, Senate Print 661, 6 an act to amend the Criminal Procedure Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect on the 30th day. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1335, by Senator Hannon, Senate Print 750, an 19 act to amend the Civil Practice Law and Rules. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. Nays, 3 1. Senator LaValle recorded in the negative. 4 ACTING PRESIDENT LITTLE: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1336, by Senator Fuschillo, Senate Print 783, 8 an act to amend the Penal Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT LITTLE: Senator 18 Montgomery, to explain your vote. 19 SENATOR MONTGOMERY: Yes, Madam 20 President, to explain my vote on this. 21 We have had several instances in my 22 district where teenagers have been arrested or 23 have been accosted by the police in the subway 24 and it's turned out to be a very ugly 25 situation.

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(518) 371-8910 1 And these are young people from a 2 high school that is a specialized high school, 3 so we're not talking about young people who 4 are troublemakers or intending to cause 5 trouble or are intending to evade their legal 6 responsibilities and what have you. 7 So I'm voting against this because 8 I think that it has a very great probability 9 of falling most heavily on young people, 10 especially young men, when they enter the 11 subway, and particularly those youngsters who 12 participate in athletic activities and leave 13 their schools later than the school hours and 14 may attempt to enter the subway with their 15 student passes, not realizing that they can't 16 use a student pass after a certain hour. 17 So I've had several incidents in my 18 district, and I think this is a very serious 19 issue, especially for us in New York City. So 20 I'm voting no on this, and I hope my 21 colleagues will join me in voting no. 22 ACTING PRESIDENT LITTLE: Senator 23 Montgomery will be recorded in the negative. 24 The Secretary will announce the 25 results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. Nays, 2 1. Senator Montgomery recorded in the 3 negative. 4 ACTING PRESIDENT LITTLE: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1337, by Senator Fuschillo, Senate Print 788, 8 an act to amend the Penal Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1338, by Senator Fuschillo, Senate Print 789, 22 an act to amend the Penal Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1339, by Senator Fuschillo, Senate Print 790, 11 an act to amend the Penal Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1340, substituted earlier today by the 25 Assembly Committee on Rules, Assembly Print

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(518) 371-8910 1 Number 1079, an act to amend the Tax Law. 2 ACTING PRESIDENT LITTLE: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1341, by Senator Alesi, Senate Print 974, an 14 act to amend the Penal Law. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT LITTLE: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1342, by Senator Morahan, Senate Print 2384, 3 an act to amend the Executive Law. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT LITTLE: Senator 12 Montgomery, to explain your vote. 13 SENATOR MONTGOMERY: Yes, Madam 14 President. As far as I understand this 15 legislation, it would require five members of 16 the parole board to be present in any 17 situation where someone is before the parole 18 board who's been convicted of a homicide. 19 Currently the law, I believe, requires three 20 members. 21 There is no way that any person 22 coming before the parole board can require the 23 members of the parole board to be present. 24 And therefore, if there is no other reason 25 that that person would not be eligible for

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(518) 371-8910 1 parole except that there is one of five 2 members absent or two of five members absent, 3 out of their control, they would then be 4 denied based on that technicality. 5 So I'm voting no and I hope that my 6 colleagues will also vote no on this 7 legislation. 8 ACTING PRESIDENT LITTLE: Senator 9 Montgomery will be recorded in the negative. 10 The Secretary will announce the 11 results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1342 are 14 Senators Diaz, Gonzalez, L. Krueger and 15 Montgomery. 16 Ayes, 53. Nays, 4. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1343, substituted earlier today by Member of 21 the Assembly Lentol, Assembly Print Number 22 6060, an act to amend the General Municipal 23 Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of July. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1344, substituted earlier today by Member of 11 the Assembly Magee, Assembly Print Number 12 5450, an act in relation to permitting. 13 ACTING PRESIDENT LITTLE: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1346, by Senator Wright, Senate Print 2986, an

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(518) 371-8910 1 act to amend the Uniform Justice Court Act. 2 ACTING PRESIDENT LITTLE: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1347, substituted earlier today by the 14 Assembly Committee on Rules, Assembly Print 15 Number 6284, an act to amend the Tax Law. 16 ACTING PRESIDENT LITTLE: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 56. Nays, 24 1. Senator LaValle recorded in the negative. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1348, by Senator Skelos, Senate Print 3713, an 4 act to amend the Criminal Procedure Law. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 SENATOR LIZ KRUEGER: Lay it 8 aside. 9 ACTING PRESIDENT LITTLE: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 1349, substituted earlier today by Member of 13 the Assembly McEneny, Assembly Print Number 14 7055, an act to amend the Executive Law. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 120th day. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1350, by Senator Little, Senate Print 4069A, 2 an act to amend the Public Officers Law. 3 ACTING PRESIDENT LITTLE: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT LITTLE: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1351, by Senator Leibell, Senate Print 4582, 15 an act to amend the Civil Practice Law and 16 Rules. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1352, by Senator Brown, Senate Print 4776, an 4 act to amend the Economic Development Law. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1353, substituted earlier today by Member of 17 the Assembly Pheffer, Assembly Print Number 18 714B, an act to amend the Executive Law. 19 ACTING PRESIDENT LITTLE: Read 20 the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect on the first of 23 September. 24 SENATOR SALAND: Lay it aside. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 1354, by Senator Spano, Senate Print 5542, an 4 act to amend the Arts and Cultural Affairs 5 Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall -- 10 SENATOR LIZ KRUEGER: Lay it 11 aside. 12 ACTING PRESIDENT LITTLE: The 13 bill is laid aside. 14 Senator Skelos, that completes the 15 noncontroversial reading of the calendar. 16 SENATOR SKELOS: Thank you, Madam 17 President. If we could go to the 18 controversial reading of the calendar. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 The Secretary will ring the bell. 22 Senator Montgomery. 23 SENATOR MONTGOMERY: Yes, Madam 24 President, I would like the record to show 25 that -- I know there is no consensus changing

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(518) 371-8910 1 of our votes when we make an error or miss a 2 vote, but I would like the record to show that 3 I would have voted no on Calendar 1341. I 4 inadvertently missed my opportunity to vote no 5 on there. 6 And I also would like to, if I 7 could, I would like the record to show that I 8 would have voted yes -- I inadvertently voted 9 no -- on Calendar 1065, Senator Savino's bill. 10 So I would just like the record to show that. 11 Thank you. 12 ACTING PRESIDENT LITTLE: Thank 13 you, Senator. The record will so reflect. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 707, by Senator Seward, Senate Print 123, an 17 act to amend the Criminal Procedure Law. 18 SENATOR LIZ KRUEGER: 19 Explanation. 20 ACTING PRESIDENT LITTLE: Senator 21 Seward, for an explanation. 22 SENATOR SEWARD: Certainly, Madam 23 President. 24 This bill is designed to facilitate 25 both the investigation and prosecution of

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(518) 371-8910 1 insurance fraud in New York State by 2 authorizing fraud investigators of the 3 Insurance Department to execute arrest and 4 search warrants. 5 Under current law -- here's the 6 problem. Under current law the Insurance 7 Fraud Bureau investigators, who are ex-police 8 officers with a great deal of investigation 9 experience, they are unable to act 10 independently in the execution of such 11 warrants. They have to rely on other police 12 agencies to carry out that function for them. 13 And so it's a situation where they 14 get so far in an investigation -- very often 15 working in conjunction with other local police 16 agencies, but not always. They get so far 17 with their investigation; then, in obtaining 18 the search or an arrest warrant for insurance 19 fraud, they then have to rely on some other 20 police agency to carry out those warrants. 21 The problem is, just think about 22 it, they -- once this warrant has been issued 23 by the court, the insurance fraud 24 investigators then have to look up a local 25 police agency. Think about the frustration of

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(518) 371-8910 1 a local police chief dealing with a number of 2 other serious crimes, perhaps having a number 3 of officers out on sick or disability, having 4 to break away an officer who's performing 5 other functions to execute a warrant for the 6 Insurance Department. 7 And very often time is of the 8 essence in apprehending a suspect or obtaining 9 evidence through a search warrant. 10 So this bill would give the fraud 11 investigators the authority to independently 12 execute search and arrest warrants, thereby 13 facilitating the apprehension of criminals 14 engaging in insurance fraud. 15 And I might point out, of course, 16 these -- it could either be a search warrant 17 or arrest warrants -- are issued by a court of 18 law. And simply this bill deals with who's 19 going to carry out those warrants. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Krueger. 23 SENATOR LIZ KRUEGER: Thank you, 24 Madam President. If the sponsor would yield, 25 please.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Will 2 the sponsor yield? 3 SENATOR SEWARD: Certainly. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 SENATOR LIZ KRUEGER: Under 7 existing statute, do insurance fraud 8 investigators already carry guns? 9 SENATOR SEWARD: They are peace 10 officers under the law. They would continue 11 to be peace officers. 12 But as I pointed out, they are for 13 the most part former police officers, very 14 often retired. And if they have a, you know, 15 permit to carry a weapon, they continue to do 16 so and to carry out their functions as an 17 insurance fraud investigator. 18 SENATOR LIZ KRUEGER: Thank you. 19 Madam President, if the sponsor 20 would continue to yield, please. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Will the sponsor continue to yield? 24 SENATOR SEWARD: Certainly. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 SENATOR LIZ KRUEGER: You 3 referenced in your memo and in your 4 explanation that some number of insurance 5 fraud investigators are retired police. Is 6 that a requirement of the job? I mean, is 7 there some requirement that to be an insurance 8 fraud investigator, slash, peace officer you 9 have to have previously been on the police 10 force somewhere? 11 SENATOR SALAND: Madam President, 12 I'm not aware of any statutory requirement. 13 But that is the policy of the Insurance 14 Superintendent, to only hire those with a 15 certain number of years of investigation 16 experience with a police agency. 17 SENATOR LIZ KRUEGER: Thank you. 18 Thank you, Madam President. I'll 19 speak on the bill. 20 ACTING PRESIDENT LITTLE: Thank 21 you. Senator Krueger, on the bill. 22 SENATOR LIZ KRUEGER: Thank you. 23 I want to thank the sponsor for his 24 explanation. 25 And here's my dilemma with this

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(518) 371-8910 1 bill and several others, actually, that went 2 through today or are about to be discussed. 3 We now have technically 79 different 4 categories of peace officers in the statutes 5 under "peace officer," Criminal Procedure Law 6 Section 2.10 in the State of New York. 7 And since several of these statutes 8 actually list multiple categories in different 9 counties, I'd argue we have far more than 79 10 different categories of peace officers. 11 And many of them have the right to 12 carry guns. Or in fact, the way the law is 13 written, once they have peace officer status 14 then they may separately go forward to get gun 15 permits. 16 And now with this bill we're saying 17 we also want to allow state employees or 18 local -- in some cases municipal employees, 19 although in this bill it's state employees -- 20 who are recognized as peace officers who may 21 or may not carry guns and who may or may not 22 previously have been police officers to have 23 the authority to go and get warrants and 24 arrest people. 25 My concern is that the State of

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(518) 371-8910 1 New York has walked down a road that I'm not 2 sure it ever intended to of establishing 3 precedents. And this is not the first, and I 4 fear it won't be the last, of creating the 5 equivalent of militias within different state 6 and local agencies. 7 And so I suppose one of my reasons 8 for objecting to this bill, and why I won't 9 vote for it and hope my colleagues will think 10 about it, is we have many state agencies who 11 investigate criminal activity. In this case I 12 think we would agree it's white-collar 13 criminal activity, insurance fraud. And there 14 are many state agencies that are involved in 15 the regulation of our laws or the review of 16 our laws or the review of people's filings 17 under our laws, whether it's for Tax and 18 Finance or the Insurance Commission or the 19 State Education Department, who oversees the 20 licensing of many professions, or our Office 21 of Temporary and Disability Assistance, Mental 22 Health. 23 It's an endless group of state 24 agencies that have employees who are out there 25 monitoring to make sure our laws are followed,

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(518) 371-8910 1 ensuring that regulations are met, reviewing 2 paper trails and, yes, in many cases perhaps 3 uncovering illegal activities. That's what we 4 want them to do. 5 My concern is that did we really 6 want them all to eventually be their own 7 police department, with their rights to issue 8 warrants and arrest people and carry guns, and 9 potentially be operating independently of and 10 without coordination with the actual police 11 departments that we think are the people who 12 issue warrants and make arrests and carry 13 guns. 14 And so when I look at this bill or 15 a bill that was recently passed on the 16 Department of Tax and Finance, or a bill 17 that's coming up on juvenile justice, I have 18 to say, why is New York State going down this 19 road? 20 I would argue -- and I understand 21 the sponsor's concern. You've gotten this far 22 with an investigation, you think you have 23 found someone who is committing a crime, you 24 want to stop them from going forward and you 25 want to start the wheels of justice moving.

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(518) 371-8910 1 And I understand the argument that we might 2 all have our own complaints about our police 3 are overwhelmed and we can't get their 4 attention fast enough or they have multiple 5 priorities. 6 But I really can't support the 7 argument that in the absence of perhaps not 8 having enough police, we're creating 9 mini-police forces for people who haven't 10 necessarily had the training to actually 11 police, aren't under the authority of our 12 state police or our local police, and we're 13 calling everyone a police officer, we're 14 letting everybody who becomes a peace officer 15 potentially get a gun. And now we're moving 16 forward and saying, Well, we call them peace 17 officers, we let them have a gun, we might as 18 well let them do warrants and arrests. 19 And I think that's a very, very 20 dangerous road that we're going down. And the 21 fact that we've got over 79 of these 22 categories already in state law confirms for 23 me that we aren't thinking this through. 24 Again, I look through the list of 25 the existing peace officers -- and not all of

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(518) 371-8910 1 them have the rights that you're asking for in 2 this bill to issue warrants and make arrests. 3 But I'm still not convinced why park rangers 4 need these powers or why bridge and tunnel 5 officers need these powers or why dog control 6 officers need these powers, or transportation 7 supervisors. It's really -- or people who 8 work in hospitals or colleges. 9 I certainly hope we never find 10 ourselves in a situation where we're having 11 shootouts in hospitals or at colleges or even 12 in a dispute over an insurance fraud case. 13 But it seems to me we're in a much 14 better place to have less problems and less 15 risks to our population and to our employees 16 if we're not setting up armed militias, so to 17 speak, of peace officers with many of the 18 authorities of police without being police. 19 So while I empathize with the 20 sponsor's desire to ensure that when the 21 Department of Insurance moves forward and 22 finds that someone is appearing to be 23 committing insurance fraud that you want to 24 act quickly, you want to act appropriately -- 25 we certainly want to stop them from continuing

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(518) 371-8910 1 to commit fraud or violate other insurance 2 laws -- I have to say I can't support this 3 bill and the precedent it continues to move 4 forward on. 5 And I hope my colleagues will think 6 about the impact of continuing to create these 7 mini-police forces throughout state agencies 8 and local agencies. I'll vote no. 9 Thank you, Madam President. 10 ACTING PRESIDENT LITTLE: Thank 11 you, Senator Krueger. 12 Senator Volker. 13 SENATOR VOLKER: Thank you, Madam 14 President. 15 You may be right in certain cases, 16 but, Senator, on this one you're barking up 17 the wrong tree, as the saying goes. 18 First of all, this doesn't make 19 anybody peace officers. They're already peace 20 officers. What's happening in -- this is 21 mostly New York City. What's happening is 22 that a number of the people who enforced the 23 Insurance Law and Taxation and Finance were 24 killed in the World Trade Center disaster. 25 Since then the New York City

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(518) 371-8910 1 police, because of their added duties -- 2 particularly, I'm saying, New York City. 3 Buffalo has a similar problem, but 4 particularly New York -- and there aren't a 5 lot of these people. There aren't a great 6 many. 7 And by the way, peace officer 8 status does not enable you to carry guns. I 9 want to make that clear. In fact, what's 10 happening is even if you get a license, some 11 of the agencies are not allowing these people 12 to carry guns. Virtually all of the Insurance 13 and Taxation investigators now have law 14 enforcement training. 15 And by the way, neither Taxation 16 nor Insurance executes warrants or issues 17 warrants. The warrants are issued by somebody 18 else. They just execute them. 19 The problem they have is -- and as 20 Senator Seward said, they can't get police 21 officers to go with them anymore. So what's 22 happening is they are not able to deal with 23 certain issues, and in some cases they lose 24 people. That is, they lose perpetrators. 25 And remember, insurance stuff in

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(518) 371-8910 1 New York City is pretty tough stuff. I mean, 2 you got a ton of people, let's face it, from 3 New Jersey. We know that. We have a ton of 4 people who have been doing fraud stuff out of 5 New Jersey, and the result has been some 6 really bad problems for them. 7 And they just don't have time. 8 They try to cooperate with the local police 9 departments on a regular basis, but their 10 problem is it's hard to get New York City 11 police because they're so busy doing security 12 things and of that nature. 13 You probably are right that we 14 could argue that there probably are maybe too 15 many peace officers. We create very few peace 16 officers anymore. This has nothing to do with 17 that. This has to do with the execution of 18 warrants issued by judges or in conjunction 19 with the department. 20 Now, in major cases they can get 21 all kinds of police officers to go with them, 22 but in the fairly minor cases it's hard to do. 23 This is really, though, a result of 9/11, 24 because the whole system since then has 25 changed. Police officers just don't have as

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(518) 371-8910 1 much ability to go with people. 2 I tell you, another group is the 3 SLA. The SLA has a difficult problem too -- 4 that's the State Liquor Authority -- because 5 it's hard to get police officers to go with 6 them because they're so busy doing other 7 things. 8 In Buffalo the problem is we've cut 9 down the police department so much they 10 don't -- not only they don't have the time, 11 they don't have the manpower. 12 So really what you're doing here 13 is, to my way of thinking, you are giving 14 these departments the chance to do things that 15 benefit taxpayers and avoid the problem with 16 having to coexist, in a sense, with police 17 departments. 18 However, if they're very serious 19 situations, they've got to get the police 20 anyways. Because whether they're ex-police 21 officers or not, and most of them are, they're 22 still going to want people there to help them, 23 because some of these people are very 24 dangerous people. 25 So the answer, I guess, is though

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(518) 371-8910 1 you may have a point that there may be too 2 many peace officers, that isn't the issue 3 here. The issue is what they can do without 4 having to collaborate with law enforcement 5 people themselves. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Krueger. 9 SENATOR LIZ KRUEGER: Thank you, 10 Madam President. To follow up on the bill. 11 I appreciated Senator Volker's 12 comments. I would argue -- I did understand 13 these were peace officers, we were expanding 14 their purview. 15 I would argue perhaps the real 16 question, given your arguments, is that we 17 perhaps need to evaluate whether we need more 18 police officers and how we assign them rather 19 than creating other entities and giving them 20 police powers. 21 I agree with you completely on the 22 SLA. We have serious problems getting the SLA 23 to respond to innumerable issues in New York 24 City and in my own district. 25 And finally, for the record, having

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(518) 371-8910 1 grown up in New Jersey, I object to the slight 2 on the people of New Jersey. Thank you. 3 ACTING PRESIDENT LITTLE: Is 4 there any other Senator wishing to be heard? 5 The debate is closed. 6 The Secretary will ring the bell. 7 Read the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT LITTLE: The 14 Secretary will announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 707 are 17 Senators L. Krueger and Montgomery. 18 Those Senators absent from voting: 19 Breslin, Brown, Duane and Schneiderman. 20 Ayes, 52. Nays, 2. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 788, by Senator Leibell, Senate Print 4762A,

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(518) 371-8910 1 an act to amend the Public Officers Law. 2 SENATOR MONTGOMERY: Explanation. 3 ACTING PRESIDENT LITTLE: An 4 explanation has been requested, Senator 5 Leibell. 6 SENATOR LEIBELL: Madam 7 President, this bill would amend Section 2A of 8 the Public Officers Law to allow municipal 9 sanitation employees with five or more years 10 of service to reside in a county that is 11 contiguous to a county which is contiguous to 12 the municipality in which they are employed. 13 It permits, in particular, 14 sanitation workers to enjoy the same residency 15 rights, for instance, as other New York City 16 employees, including other uniformed services. 17 ACTING PRESIDENT LITTLE: Thank 18 you, Senator Leibell. 19 Senator Montgomery. 20 SENATOR MONTGOMERY: Yes, Madam 21 President. Through you, if Senator Leibell 22 would yield for a question or two. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Leibell, do you yield?

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(518) 371-8910 1 SENATOR LEIBELL: Yes. 2 SENATOR MONTGOMERY: Yes, Senator 3 Leibell, you are exempting those employees who 4 have five or more years of service; is that 5 correct? 6 SENATOR LEIBELL: That's correct. 7 SENATOR MONTGOMERY: Would those 8 be the higher-income, as you -- the more years 9 you serve, the more income -- 10 SENATOR LEIBELL: I would assume 11 that's so. Because, yes, of the longevity, 12 they would have had more income. 13 SENATOR MONTGOMERY: And they 14 would have started out as fulfilling the 15 residency requirement. In other words, when 16 they were first hired they were residents and 17 now they elect to move out? 18 SENATOR LEIBELL: That's correct, 19 Senator. 20 SENATOR MONTGOMERY: All right. 21 Do we have an idea -- Madam President, through 22 you, if the Senator would continue to yield. 23 ACTING PRESIDENT LITTLE: Senator 24 Leibell, will you continue to yield? 25 SENATOR LEIBELL: Yes.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. Senator Leibell yields. 3 SENATOR MONTGOMERY: Senator 4 Leibell, how many people are we talking about 5 who fit the category right now, as we speak, 6 and who would be covered by your legislation? 7 SENATOR LEIBELL: I don't have an 8 estimate on that. 9 SENATOR MONTGOMERY: All right. 10 And just one last question. Senator Leibell, 11 this obviously is a -- 12 SENATOR OPPENHEIMER: Leibell. 13 SENATOR MONTGOMERY: That's what 14 I said, Leibell. Didn't I say Leibell? 15 I'm sorry, let me make myself more 16 clear. Senator Leibell. 17 (Laughter.) 18 ACTING PRESIDENT LITTLE: Senator 19 Leibell, do you yield? 20 SENATOR MONTGOMERY: Are you 21 listening? 22 SENATOR LEIBELL: Yes. 23 SENATOR MONTGOMERY: Senator, 24 would this request be because there are so 25 many of these employees who have currently

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(518) 371-8910 1 moved out and are now being designated as -- 2 SENATOR LEIBELL: No, Senator, 3 because they're currently not allowed to. 4 This is really -- and I have an 5 idea, but I can't establish this in any 6 numbers because it's impossible to do. I have 7 an idea we're talking about a very limited 8 group of people who would wish for this 9 flexibility in their housing. But basically 10 it's to give them parity to what others have. 11 SENATOR MONTGOMERY: Thank you. 12 Thank you, Senator. 13 Madam President, on the bill. 14 ACTING PRESIDENT LITTLE: Thank 15 you. Senator Montgomery, on the bill. 16 SENATOR MONTGOMERY: Yes. As you 17 know, there are a number of us in the 18 Legislature who represent New York City who 19 have particular concerns about the fact that 20 the uniformed employees should be residents of 21 the City of New York. And in fact, we would 22 like to see that across the board and 23 uniformly enforced. 24 What Senator Leibell's bill does is 25 establishes a category of people who would

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(518) 371-8910 1 automatically be eligible to in fact move out 2 of the city. 3 Now, I am certainly -- I have no 4 problem with people who want to move on up, as 5 they say. They want to move on up to 6 Westchester and up to Orange and up to those 7 counties above New York. But as they move up, 8 I think they should move out of those jobs. 9 We would like to see those go to people who 10 live in the city, who want to remain residents 11 of the city and to remain tax-paying 12 contributors to the vitality and the life of 13 the City of New York. 14 So I would hope that my colleagues 15 on both sides of the aisle who represent 16 New York City, our constituents deserve the 17 jobs that these people who want to leave the 18 city are looking to hold onto, even though 19 they're no longer -- they no longer want to be 20 residents of New York City. 21 So I'm going to oppose this 22 legislation. And I hope that my colleagues, 23 especially those of us who represent New York 24 City, will join me in opposing this move. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you, Senator Montgomery. 2 Senator Savino. 3 SENATOR SAVINO: Thank you, Madam 4 President. 5 I rise actually in support of this 6 bill. And it pains me to disagree with my 7 colleague Senator Montgomery, but I'm going to 8 try and shed a little -- a different 9 perspective on what this actually means. 10 The residency requirement for city 11 employees was negotiated and passed in the 12 1970s in an effort to prevent middle-class 13 flight from the outer boroughs when the city 14 was in the midst of a fiscal crisis. At the 15 time all city employees were required to 16 become city residents, upon the hiring of new 17 people. Anybody who was already on the city 18 workforce was grandfathered in. 19 Over the years, the city has 20 routinely waived that residency requirement 21 for different titles, based on recruitment and 22 retention. And while there has never been a 23 difficulty with recruitment and retention with 24 respect to the sanitation workers -- because 25 it is considered one of the best jobs in the

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(518) 371-8910 1 city. Whenever they give an exam, they may 2 have 400 positions and you can get 3,000 3 people that will show up to take that test. 4 The bigger problem is not 5 recruiting from outside, it's the fact that 6 New York City employees are not paid a decent 7 wage enough to purchase a home in New York 8 City anymore. So what we have is people who 9 originally were city residents when they took 10 the job, and after five years on the job, even 11 though they may have reached the highest point 12 of the pay scale, they don't earn a sufficient 13 salary to be able to purchase a home in Queens 14 or Brooklyn or even Staten Island anymore. 15 So what they have done is they've 16 opened up the areas where city employees -- 17 not just sanitation workers, but many of 18 them -- can live. So first it was Nassau and 19 Suffolk County. But my colleagues who live in 20 Nassau and Suffolk will tell you, it's very 21 difficult to buy a house there on a public 22 employee's salary. 23 Then they opened it to Westchester 24 and Rockland, and that also went, you know, 25 the way -- where they weren't able to purchase

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(518) 371-8910 1 homes. 2 Now we have New York City employees 3 who are living on the edge of Orange County, 4 in Senator Bonacic's district and Senator 5 Morahan's district, and they're traveling an 6 hour and a half, an hour and 45 minutes to 7 their jobs in New York City. 8 So when the sanitation workers ask 9 for the ability to move beyond, it's not 10 because they want to take their money from 11 New York City and go somewhere else. The fact 12 is they can't buy a house in the communities 13 that they work in. And in addition -- 14 ACTING PRESIDENT LITTLE: Senator 15 Padavan. 16 Excuse me, Senator Savino. Senator 17 Padavan? 18 SENATOR PADAVAN: No, that's all 19 right. 20 ACTING PRESIDENT LITTLE: I'm 21 sorry, Senator. 22 SENATOR SAVINO: One other thing 23 that people may not be aware of. New York 24 City employees are required to pay the 25 equivalent portion of city tax if they live

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(518) 371-8910 1 outside the City of New York. So we don't 2 actually lose that income tax from them. It's 3 a section of the State Finance Law, it's 4 Section 1127. So they have to pay the tax. 5 They're allowed to live outside, 6 and only in certain titles and only in certain 7 places. And if they move without letting the 8 city know and they do not have a waiver of 9 residency requirement, they do not have due 10 process rights with respect to that and they 11 can be terminated immediately without even a 12 hearing. 13 So I'm going to vote in favor of 14 this, although I recognize the concerns of my 15 colleagues. Thank you. 16 ACTING PRESIDENT LITTLE: Thank 17 you, Senator Savino. 18 Senator Padavan. 19 SENATOR PADAVAN: Thank you, 20 Madam President. Just to clarify a couple of 21 the points that have been raised so far. 22 We have a memo in opposition from 23 the City of New York in which they tell us 24 there are 4,200 New York City sanitation 25 employees that currently have five or more

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(518) 371-8910 1 years of service that would meet the threshold 2 of this legislation. So we're not talking 3 about a very limited number, we're talking 4 about a large number. 5 Now, the issue of economically 6 buying a house and living in New York City 7 that's been raised by Senator Savino seems to 8 fail on two bases. 9 First, we have many sanitation 10 workers at the entry level in the sanitation 11 department living in New York City, in my 12 district and I'm sure in other New York City 13 districts. 14 Now, these are the upper echelon, 15 meaning they're making more money. Therefore, 16 the logic of their being able to afford to 17 live in New York City is enhanced. They have 18 more money. So the economic factor kind of 19 falls by the wayside when you look at it in 20 that perspective. 21 Now, the third issue is this. If 22 we have a snowstorm in the City of New York, 23 we don't want those who are at the supervisory 24 level, particularly, to be up in Putnam County 25 and not be able to get to New York City so

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(518) 371-8910 1 they can plow our streets and supervise those 2 who are responsible to do that. With all due 3 respect to Putnam and elsewhere. 4 They can already live in Nassau and 5 they can already live in Westchester under 6 current law. That's far enough. If you want 7 to work for the City of New York, then live, 8 if not in the City of New York, within a 9 reasonable distance of the City of New York so 10 you can perform your duties. 11 ACTING PRESIDENT LITTLE: Thank 12 you, Senator Padavan. 13 Senator Krueger. 14 SENATOR LIZ KRUEGER: Thank you. 15 On the bill, Madam President. 16 ACTING PRESIDENT LITTLE: On the 17 bill. 18 SENATOR LIZ KRUEGER: I agree 19 with Senator Padavan. Most of us in this 20 room, wherever we live, New York City or 21 outside, know we have stood up to fight for 22 residency requirements for people who work for 23 our local and municipal governments because 24 it's good for the communities and it's a 25 win-win.

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(518) 371-8910 1 There is no shortage of people 2 applying to be sanitation workers or wanting 3 to be sanitation workers, as Senator Savino 4 pointed out in her own statements. This is 5 not a bill where the locality is asking for 6 this. The City of New York Mayor is 7 officially opposed, on record. The City 8 Council has not called for this. 9 This is a bill that would, over 10 time and through precedent, expand a scenario 11 where jobs that are done with taxpayers' 12 dollars in New York City that ought to be 13 provided to people who live and work in the 14 City of New York, it would violate that 15 principle. 16 I would agree with Senator Savino 17 there have been historical reasons why 18 New York City made exceptions and changed the 19 rules at the request of the elected officials 20 in New York City over time. But I think one 21 of the things we learned during these years is 22 that those are bad precedents. And we need to 23 understand the importance of grandfathering in 24 people who already took jobs with the deal. 25 But I would argue that, in future,

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(518) 371-8910 1 sanitation workers who are hired should live 2 in the City of New York. Police officers, 3 fire officers, teachers. 4 Yes, we have a housing crisis. 5 Over and over again I talk about that fact, 6 and over and over again I highlight that if 7 you want to pass a law that has local impact 8 for the City of New York and is being 9 requested by the City of New York, we'd repeal 10 the Urstadt Law, giving New York City 11 government back the power to make its own 12 decisions over housing, rather than holding 13 New York City housing policy hostage to this 14 Legislature. 15 So if we're going to make a change 16 that impacts positively on the City of 17 New York and the working people of the City of 18 New York, I would argue not to pass this bill 19 but, rather, to move repeal of the Urstadt Law 20 and allow the City of New York the power to 21 attempt to do something about protecting its 22 limited and shrinking base of affordable 23 housing and expanding a new universe of 24 affordable housing so that the workers of the 25 future for the City of New York can work and

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(518) 371-8910 1 live in the city. 2 And it's not just a question of the 3 taxes that they pay as part of their 4 employment. As we all know, you spend, 5 particularly as a working person, a 6 disproportionate share of your total revenue 7 in your immediate community. So when the 8 workers of the City of New York or any other 9 part of the state don't live in the 10 communities where they draw their salaries 11 from, most of their disposable income is then 12 not being spent where they're working, with 13 taxpayers' dollars paying them. 14 So I urge that we all vote no on 15 this bill. Because I think we can identify, 16 no matter where we live in the State of 17 New York, that this is the kind of precedent 18 we would generally not support for our own 19 communities, whether it's the City of New York 20 or anywhere else. 21 Thank you, Madam President. 22 ACTING PRESIDENT LITTLE: Thank 23 you, Senator Krueger. 24 Senator Leibell. 25 SENATOR LEIBELL: Yes, thank you,

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(518) 371-8910 1 Madam President. Possibly to clarify a few 2 points. 3 Senator Padavan, because there are 4 a certain number of employees who would be 5 over five years doesn't mean that everyone 6 wants to move. This allows for the 7 possibility that some people who may wish to 8 will be able to. 9 And I should point out that over 10 the course of years I've carried this type of 11 legislation before. I've carried it in the 12 other house when I served in the Assembly. 13 When we talk about freedoms, I don't know why 14 anybody should be an indentured servant. If 15 they wish to live in another community, they 16 should be able to live in another community. 17 In fact, people in my very 18 beautiful home county of Putnam who work there 19 for the government live in all sorts of other 20 counties. Some of whom live in the city and 21 do a reverse-commute. Some live in 22 Westchester, some in Putnam. 23 With respect to those who hold 24 critical jobs, let me assure you that the 25 police and firemen who live in my district and

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(518) 371-8910 1 who work for New York City get to their jobs. 2 9/11 established that. They were there, and I 3 attended many funerals for them. They were 4 there and they did their jobs. 5 So I find, frankly, nothing wrong 6 with being able to live where you choose. And 7 it's logical that as people go up -- and the 8 five-year requirement was requested by the 9 Governor in his veto message last year. As 10 people go up and have seniority in a job, 11 younger people, they're going to have larger 12 families, my area or other people's areas -- 13 Long Island may be more affordable than many 14 areas in the city. But to me it seems a 15 reasonable thing, it seems a fair thing -- 16 they're still going to be paying income taxes 17 to New York City -- to allow them the 18 opportunity, as most Americans have, to live 19 where they wish to live. 20 ACTING PRESIDENT LITTLE: Thank 21 you, Senator Leibell. 22 Senator Parker. 23 SENATOR PARKER: Yes, Madam 24 President, on the bill. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. On the bill. 2 SENATOR PARKER: I find myself in 3 the unusual circumstances of agreeing with 4 Senator Padavan today and disagreeing with my 5 good friend Senator Savino. 6 I think this bill is something that 7 is -- it would be, honestly, just bad. And I 8 understand Senator Leibell's concerns, and I 9 have some appreciation for what he's trying to 10 do for workers everywhere. 11 I don't think that anyone in this 12 state is an indentured servant -- except for 13 probably some members of my staff, but we'll 14 talk about that later. 15 But I think that one of the 16 problems that we do have is that this creates 17 a slippery slope, as we call it in public 18 policy terms. That today it's the sanitation 19 workers, tomorrow it will be the police 20 department, then the next day the fire 21 department, then the teachers and then other 22 clerical workers. And before we know it, you 23 know, significant numbers of the people who 24 work and draw income out of New York City will 25 not be living there.

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(518) 371-8910 1 And as Senator Liz Krueger 2 indicated, that has an impact not just on 3 taxes that they pay directly but also 4 disposable income that they and their families 5 pour into the communities that they live in. 6 And that becomes a very dangerous indication. 7 Senator Leibell indicated that 8 there are a number of people all throughout 9 the state, and I think he's right, that live 10 in one county and travel to other places. But 11 let me assure you that the numbers of people 12 who live -- who work inside of New York City 13 and live other places is far greater than 14 those -- or the numbers of people who live 15 outside of New York City but work and draw 16 their income from New York City is far greater 17 than those who live in New York City and 18 reverse-commute out to the suburbs. That's 19 simply just the mathematics. And so when we 20 look at the large number of mathematics, those 21 numbers work against New York City. 22 The other issue as it relates to 23 workers getting to their jobs, I think that 24 9/11, you're right, points to a good example. 25 But it is apples and oranges to what Senator

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(518) 371-8910 1 Padavan spoke of, when you talk about 2 sanitation workers having to get to the city 3 in the middle of a snowstorm. 4 And let me tell you that when we 5 have 2 or 3 feet of snow or more in New York 6 City, there's typically larger numbers of 7 inches of snow in the suburbs. And in those 8 cases it becomes very, very difficult for 9 people to travel. And oftentimes they're not 10 able to even get into the city, let alone get 11 around the city. 12 And so for those reasons and 13 because both the Mayor and the City Council 14 have not responded to this, we should be all 15 voting no to this legislation. We should 16 allow sanitation workers to live in the city. 17 And if we want to help them -- as we do want 18 to help them -- buy houses, then I implore you 19 to -- you know, not only should we repeal the 20 Urstadt Law, but we should also figure out 21 some other ways to create affordable housing 22 programs for all of the people of the state of 23 New York. 24 Housing is the biggest issue not 25 being talked about in this legislation, and

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(518) 371-8910 1 not just in relation to New York City but all 2 over the state. I'm sure many of my 3 colleagues, particularly on Long Island, would 4 love to see, you know, home-buyer programs for 5 all sorts of categories of our constituents. 6 And so let's talk about that. I'm eager to 7 work on those issues. 8 But I think that this is not -- 9 that this creates a slippery slope that will 10 cause the financial ruin of the City of 11 New York. 12 ACTING PRESIDENT LITTLE: Thank 13 you, Senator Parker. 14 Senator Oppenheimer. 15 SENATOR OPPENHEIMER: I don't 16 want to keep belaboring this point. I'm 17 siding with Senator Savino. 18 This is an equal opportunity 19 problem. It is not a problem just of New York 20 City. I represent 18 communities. All 18 21 have nonresidency rules for employees. 22 Because we simply -- I mean, let's face 23 reality. We all want to see affordable 24 housing. We all want to see low-income 25 housing being built. And it's not being

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(518) 371-8910 1 built. 2 And there's a lot of very good 3 reasons for why it isn't being built. 4 Partially it's because the cost of the land, 5 the real estate is so high that it's very hard 6 to bring in a developer who's going to put in 7 housing that he could build a mansion and make 8 more money on that one mansion than on the 9 20 low-income housing apartments that he put 10 in. 11 I mean, you have to face reality. 12 I was not happy when I was mayor of Mamaroneck 13 21 years ago, up to 28 years ago, and my 14 entire police force was up in Putnam, was in 15 Fishkill, was in Rockland. And now they can't 16 even be there because it's just gotten too 17 costly, so they keep moving farther and 18 farther away. And it's an unfortunate 19 situation. 20 I don't have the answers. I work 21 with a lot of affordable housing groups in 22 Westchester County. It is a tough nut to 23 crack. And as long as we do not have an 24 answer -- and we don't -- we have to permit 25 this legislation. Because people have a right

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(518) 371-8910 1 to live in an area where they might get a 2 little grass and have a little plantings and 3 do a few tomatoes and a few basils. And we 4 really are not in a position to tell them 5 where they may or may not live. 6 So I am siding with my good friend 7 Senator Savino. 8 ACTING PRESIDENT LITTLE: Thank 9 you, Senator Oppenheimer. 10 Senator Diaz. 11 SENATOR DIAZ: Thank you, Madam 12 President. Would the sponsor yield for a 13 question. 14 ACTING PRESIDENT LITTLE: Will 15 the sponsor yield for a question, Senator 16 Leibell? 17 SENATOR LEIBELL: Yes, Senator. 18 ACTING PRESIDENT LITTLE: The 19 sponsor yields. 20 SENATOR DIAZ: Senator, I heard 21 you saying two statements. First you said if 22 a person wished to live in another community, 23 he should be allowed to do so. And there is 24 nothing wrong by allowing people to live 25 wherever they want to choose to live. You

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(518) 371-8910 1 made those two statements. 2 SENATOR LEIBELL: Yes, I believe 3 people should be able to live where they wish 4 to live. 5 SENATOR DIAZ: Wherever people 6 want to live. 7 SENATOR LEIBELL: You agree with 8 me. 9 SENATOR DIAZ: I just want to ask 10 you a question on that. Maybe for me to agree 11 with you all will depend on your answer of 12 what I'm going to ask. 13 Do you think that statement that 14 you are making should apply to us? 15 SENATOR LEIBELL: To everything? 16 SENATOR DIAZ: To us, here. 17 SENATOR LEIBELL: Well, we live 18 in our districts, if that's your point. 19 SENATOR DIAZ: No, no, no. You 20 stated, Senator, if a person wish to live 21 wherever they choose, they should be allowed 22 to. If anybody wants to live wherever they 23 want to live, you're saying they should be 24 allowed to do so. 25 My question to you is, being a

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(518) 371-8910 1 Senator, do you think that statement that 2 you're making should apply also to us here? 3 SENATOR LEIBELL: Well, we do 4 live where we choose to live. 5 SENATOR DIAZ: No. No, no, no. 6 The question -- the statement that you made, 7 Senator, that you made, you said that if a 8 person -- a person should be allowed to live 9 wherever they want to live. 10 SENATOR LEIBELL: Senator, if -- 11 SENATOR DIAZ: My question to 12 you, should that statement -- should that 13 statement apply to us here too? 14 SENATOR LEIBELL: Senator, if 15 you're trying to tell me you'd like to move 16 out of your district -- 17 (Laughter.) 18 SENATOR DIAZ: No, I -- who 19 knows? 20 SENATOR LEIBELL: I know some 21 realtors who could help you. 22 SENATOR DIAZ: No, no. Through 23 you, Madam President. 24 ACTING PRESIDENT LITTLE: Yes, 25 Senator Diaz.

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(518) 371-8910 1 SENATOR DIAZ: I'm just -- I'm 2 just referring to the statement. Because you 3 people, you are supporting -- you're 4 supporting -- 5 SENATOR LEIBELL: There certainly 6 are, Senator, if I can respond to you -- and 7 maybe I know where you're going, maybe I 8 don't. But there clearly are limitations. I 9 think the president of the United States 10 should live in this country. I think the 11 governor should live in this state, and I 12 think we should live in our districts. 13 For the average person, police and 14 fire, which you have now in New York City now 15 who are able to live in other areas, just as 16 my deputy sheriffs in my area can live up in 17 Columbia County -- and many do, north of me, 18 because it's more affordable for them -- I 19 don't think that's unreasonable. 20 SENATOR DIAZ: Through you, Madam 21 President. 22 ACTING PRESIDENT LITTLE: Thank 23 you, Senator. 24 SENATOR DIAZ: But sanitation 25 workers who draw their salary in my district,

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(518) 371-8910 1 they should live wherever they want to live 2 outside of the area? 3 SENATOR LEIBELL: I think they 4 should. 5 SENATOR DIAZ: So firemen, police 6 officers and teachers, they should live 7 wherever they want to live? 8 SENATOR LEIBELL: Yup. 9 SENATOR DIAZ: But not us. 10 SENATOR LEIBELL: I think we 11 should live in our districts. 12 SENATOR DIAZ: Okay. But not 13 them. 14 SENATOR LEIBELL: I think we're 15 in a different position. 16 SENATOR DIAZ: Are we having a 17 double standard here? 18 SENATOR LEIBELL: No, Senator, we 19 have constitutional offices which impose some 20 different standards and responsibilities. 21 SENATOR DIAZ: Okay. Through 22 you, Madam President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Leibell, do you continue to

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(518) 371-8910 1 yield? 2 SENATOR LEIBELL: I do. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 The Senator yields. 6 SENATOR DIAZ: There was another 7 statement made -- there was another statement 8 made here on this floor. And the statement 9 was this is -- I think it was made by -- by 10 Senator -- 11 SENATOR OPPENHEIMER: 12 Oppenheimer. 13 SENATOR DIAZ: I think that she 14 made a statement, this is an equal 15 opportunity, she said equal opportunity for a 16 person to live wherever they want to live. By 17 a Senator. 18 Where is -- where is the equal 19 opportunity for those residents of my district 20 that they don't make the salary, they don't 21 make the money that a sanitation worker makes, 22 or a police officer or a teacher, and they 23 would like to move to a better community, 24 where is the equal opportunity for them? 25 SENATOR LEIBELL: Well, Senator,

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(518) 371-8910 1 I think -- and it's a broad public policy 2 issue, Senator Oppenheimer addressed it, the 3 crisis we have in our communities of 4 affordable housing. It's not just New York 5 City, it's in our districts. And it sort of 6 creeps up and becomes -- what in Senator 7 Oppenheimer's district, in my district is 8 affordable is not in the next district north 9 of us. 10 But it is a major public policy 11 issue. The issue as to -- I can't address the 12 average person in my district or your 13 district, the affordability. It's quite 14 possible that there are some people who are 15 very, very wealthy who may live in your 16 district and choose to live there and don't 17 work for the sanitation department and 18 therefore make more money, maybe. I don't 19 know that. I have no way of knowing that. 20 All I'm saying is in this very 21 limited area, for public service employees, 22 public sector employees, they should -- in 23 this case, sanitation workers -- have the 24 opportunity to move around and have that 25 degree of flexibility. You and I may disagree

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(518) 371-8910 1 on that; apparently we do. But that's my 2 position. 3 SENATOR DIAZ: On the bill. 4 ACTING PRESIDENT LITTLE: Yes, 5 Senator Diaz, on the bill. 6 SENATOR DIAZ: I think that it is 7 very unfair that people comes to the city, to 8 our neighborhood, draws a salary, a police 9 officer -- my daughter is a police officer. 10 My daughter is a sergeant in the police 11 department. And she's married to another 12 sergeant. And they both make good monies. 13 They both, my daughter and her husband, they 14 both make good salaries. They're both 15 sergeants in the New York City Police 16 Department. 17 But you know what? They come to 18 the city, they do eight hours, whatever, they 19 draw these good salaries, and at night they go 20 to a good place upstate, have their children 21 attend a beautiful school, good education. 22 Meanwhile, our community, our 23 people cannot afford that. And our children, 24 they have to go to those public schools in the 25 city that have been abandoned by the system.

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(518) 371-8910 1 And it's not fair for people to do 2 that. I think that the only way that we will 3 stabilize our communities is for people who 4 works in our community to stay in our 5 community. As I am forced, we as Senators, as 6 I am forced to live in my community, everyone 7 else should be also forced to live in that 8 community where they work and where they draw 9 a salary. It's not fair to come to the city, 10 take some money out of the city and go back to 11 all your districts to spend the money up 12 there. 13 I will vote no on this bill. 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator. 16 Is there any other Senator who 17 wishes to be heard? 18 Senator Montgomery. 19 SENATOR MONTGOMERY: Madam 20 President, just a reminder. I'm looking at 21 your law, the bill that you have today on our 22 calendar. And we all voted in support of it, 23 of course. And it's -- the Public Officers 24 Law states that a person holding a civil 25 service position --

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: 2 Senator, that's not the bill that's under 3 discussion at the time. 4 SENATOR MONTGOMERY: I 5 understand. I just want to point out that 6 this is an example of what we're talking 7 about, that the counties all over the state -- 8 ACTING PRESIDENT LITTLE: Senator 9 Montgomery, are you on the bill -- 10 SENATOR MONTGOMERY: Yes, on the 11 bill. 12 ACTING PRESIDENT LITTLE: -- 13 before us? 14 SENATOR MONTGOMERY: Counties all 15 over the state have laws that they enforce. 16 And the only way that you cannot reside in 17 those counties if you hold certain positions 18 is that we must pass a law waiving that right. 19 And so we maintain that New York 20 City and the counties within New York City 21 have the right to have this law that says if 22 you hold certain positions and you are 23 government employees paid by the city, work 24 for the city, that you should reside in the 25 city.

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(518) 371-8910 1 And I maintain that we have that 2 right. We should not be forced to give up 3 that right or to have another legislator who 4 does not represent our area pass legislation 5 that waives our local law. 6 So I'm opposed to that, for that 7 and many reasons. Thank you. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Padavan. 11 SENATOR PADAVAN: I rise to 12 explain my vote, Madam President. 13 ACTING PRESIDENT LITTLE: We 14 haven't done roll call yet. 15 SENATOR PADAVAN: Okay, thank 16 you. I'm just rising in advance. 17 ACTING PRESIDENT LITTLE: Any 18 other Senator wishing to be heard? 19 The debate is closed. 20 The Secretary will ring the bell. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT LITTLE: Senator 3 Padavan, to explain his vote. 4 SENATOR PADAVAN: I rise to 5 explain my vote, Madam President. 6 First, I would like to applaud our 7 colleague -- a former son of Queens, and 8 Bayside specifically -- for his strong 9 libertarian views. Namely, that you can live 10 anywhere and you should be able to live 11 anywhere, wherever you want to. 12 Unfortunately, however, there are 13 certain positions that, when you apply for 14 them and you accept them, you have to live by 15 the rules. In the City of New York we feel 16 that sanitation workers should be within a 17 reasonable distance to come to work, 18 particularly on those critical times when 19 they're needed, such as a snowstorm. 20 Now, while we don't know how many 21 would take advantage of this legislation, 22 there are 4,200 who could. And that's a 23 significant percentage of the total number of 24 sanitation workers in the City of New York. 25 So the potential is excessive.

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(518) 371-8910 1 And so while, generally speaking, I 2 would applaud your point of view, I do have to 3 say, as the City of New York has said in their 4 memo of opposition, that this is a condition 5 of employment that the sanitation worker knows 6 when he took the job is a condition he has to 7 live with. No one forces them to. And once 8 you've accepted that condition, to get a way 9 out via the legislative process is somewhat 10 unfair and inappropriate and, in this case, 11 unwise. 12 I vote no. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Padavan will be recorded in 16 the negative. 17 Senator Leibell, to explain his 18 vote. 19 SENATOR LEIBELL: My colleagues, 20 this bill provides for living a couple of 21 counties away. In an ideal world, I would not 22 mind if they lived anywhere. But that's not 23 what that bill provides for. 24 Just shortly before this bill came 25 to the floor, we were all called upon to vote

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(518) 371-8910 1 on Calendar Number 1350 -- Madam President, 2 your bill -- which authorizes assistant DAs in 3 a variety of counties to reside in an 4 adjoining county. I've been advised that that 5 vote passed here unanimously. 6 I don't know what makes the 7 distinction. Senator, is it a law degree? Is 8 it that you live in the North Country? 9 Senator Diaz is no longer here, but I don't 10 know what makes the difference for his 11 constituents and the people in the city from 12 those other counties. I don't see it. Maybe 13 you will find a distinction, but that's how 14 you voted. Possibly you wish to change your 15 vote. But that's how you voted on that bill. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Connor, to explain his 19 vote. 20 SENATOR CONNOR: Thank you, Madam 21 President. 22 I want to set the record straight 23 on a couple of things. Senator Diaz is here, 24 and was here. 25 You know, I've listened to this

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(518) 371-8910 1 debate. And generally I like the idea of 2 New York City employees residing in New York 3 City or nearby. That's a good thing. And I 4 hear people talking about the cost of living 5 and being able to afford living. But no one 6 really addresses is what the real issue here 7 is, and the real issue here is a fundamental 8 American value: homeownership. We are a 9 nation of homeowners. 10 Can a sanitation worker afford to 11 live in New York City? Yes. It's difficult, 12 but you can afford the rent in various 13 neighborhoods of New York City. 14 Can a sanitation worker afford to 15 buy a home in New York City? Not likely. I 16 have parts of my district that 20 years ago my 17 staff with great trepidation visited because 18 they were considered bad neighborhoods or 19 there were fires there, allegedly people were 20 burning them down to get the insurance money, 21 that today factories are converted and the 22 ownership of an apartment begins at a 23 million-four or a million-two down in old 24 factory buildings along the waterfront. 25 Homeownership is increasingly a

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(518) 371-8910 1 challenge in New York City. Ask my colleagues 2 here. Neighborhoods you used to read about in 3 the newspaper, for the benefit of the 4 upstaters, as, twenty years ago, crime-ridden, 5 devastated, full of vacant lots, are fast 6 being taken up by developers. Old, rundown 7 houses in what were always, or at least for a 8 long time, unattractive neighborhoods are now 9 selling for $400,000 and $500,000. And you 10 don't get much for that, you get something 11 that needs a couple hundred thousand dollars' 12 worth of work to make it habitable. 13 So what we haven't addressed is 14 this is really about homeownership. And to 15 counter what Senator Padavan said, yes, in the 16 first few years the rookies who have less 17 money, they have to live in the city. Well, 18 they're less likely to be able to afford 19 homeownership anywhere. It's after five or 20 six years, when you accumulate some savings 21 with your job in the sanitation department -- 22 I wish you could afford a home in Queens or 23 the Bronx or Brooklyn or Staten Island, but 24 it's not likely. 25 And that's a fundamental principle

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(518) 371-8910 1 this country has adhered to for decades and 2 decades and decades: Americans ought to own 3 their own home if they can. And that's what 4 this bill is about, and that's why I'm siding 5 with Senator Savino on this. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Connor will be recorded in 9 the affirmative. 10 Senator Parker, to explain his 11 vote. 12 SENATOR PARKER: Madam President, 13 to explain my vote. 14 I think that it's been an 15 interesting debate today. But I think that 16 Senator Connor is absolutely right, but 17 also -- but wrong about this bill. I think 18 that you're right, it is about homeownership. 19 I indicated that. I think that Senator 20 Krueger indicated that. And we ought to be, 21 again, raising those issues about 22 homeownership. 23 But this bill is not -- and what 24 we're asked to vote on is this bill. And this 25 bill is not about homeownership. This bill is

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(518) 371-8910 1 about, you know, creating a public policy that 2 would essentially bankrupt the city over time. 3 And it's not something that those of us who 4 represent New York City and represent parts of 5 New York City can sit here and idly vote 6 against. 7 But to answer Senator Leibell's 8 question about Senate Bill 4069A, the 9 difference between what we're doing with ADAs 10 upstate and what you're doing with what could 11 be literally thousands of workers in New York 12 City is that, you know, in these four or five 13 counties that are mentioned in that bill, how 14 many ADAs are there? How many DAs are there? 15 Probably, altogether, maybe 20, 30? Maybe. 16 So the answer to your question is 17 the scale and the numbers of people and what 18 that means to those counties, versus what 19 letting thousands of workers take their -- 20 both their tax dollars and their disposable 21 income out of New York City. That is the 22 fundamental difference between Senator 23 Little's bill and what you propose to do here 24 today. 25 I'm voting no.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Parker will be recorded in 4 the negative. 5 Senator Montgomery, to explain her 6 vote. 7 SENATOR MONTGOMERY: Yes, to 8 explain my vote very briefly. 9 Your bill, Madam President, as 10 Senator Leibell pointed out, I believe that 11 you represent those counties. And so you have 12 requested that we support your request. 13 We have not requested this. 14 Senator Leibell does not represent the 15 New York City counties. So there is a 16 distinct difference there. 17 And I would say yes, I like the 18 idea of people living wherever they choose to 19 live. However, if -- I can't afford to buy a 20 home in my district either. However, if I 21 want to move and I want to go to Senator 22 Leibell's area to buy a home, because maybe I 23 can afford it, then I have to leave my job. 24 And if I want to stay here, I have to run 25 against him.

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(518) 371-8910 1 So this is a very different issue. 2 If you want to be able to purchase a home in 3 another county outside of the City of New 4 York, you have every right to do so. I 5 support that you should have a right. 6 However, you do not and should not have a 7 right to work for government and, as Senator 8 Diaz has pointed out, to take your earnings 9 and the vote that you have to another part of 10 the state where you are probably going to vote 11 against my interests in the City of New York. 12 I vote no. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Montgomery will be recorded 16 in the negative. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 788 are 21 Senators Brown, Diaz, Dilan, Gonzalez, Klein, 22 L. Krueger, LaValle, Montgomery, Padavan, 23 Parker, Paterson, Serrano, A. Smith and 24 M. Smith. 25 Those Senators absent from voting:

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(518) 371-8910 1 Breslin, Duane and Schneiderman. 2 Ayes, 41. Nays, 14. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1007, by Senator Skelos, Senate Print 5342, an 8 act to amend the Executive Law. 9 SENATOR MONTGOMERY: Explanation. 10 ACTING PRESIDENT LITTLE: An 11 explanation has been requested, Senator 12 Skelos. 13 SENATOR SKELOS: Thank you, Madam 14 President. 15 This is the Governor's program bill 16 which would enact comprehensive reforms 17 modernizing the use of DNA in the criminal 18 justice system. 19 Some of the main points of the 20 bill, it would require anyone convicted of a 21 misdemeanor or a felony to provide a DNA 22 sample for inclusion in the state DNA data 23 bank; tolling the statute of limitations in 24 criminal cases in which the identity of the 25 defendant is established by means of DNA

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(518) 371-8910 1 evidence; requiring as a mandatory condition 2 of probation and conditional discharge that 3 designated offenders provide a DNA sample for 4 inclusion in the state DNA data bank; 5 criminalizing a designated offender's failure 6 to provide a DNA sample; and establishes the 7 Innocence Project, which would help actually 8 exonerate individuals who have been wrongly 9 convicted, and DNA would prove that. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Montgomery. 13 SENATOR MONTGOMERY: Yes, Madam 14 President. Just one brief question of 15 clarification, Senator. 16 Would this be -- as you know, we're 17 going to be debating the bill on the sex 18 offender's law this week. And obviously DNA 19 is extremely important in many of those cases. 20 Would any person, no matter what the charge, 21 be eligible to have a DNA test if they -- once 22 they are charged with a -- 23 SENATOR SKELOS: If you're 24 convicted? 25 SENATOR MONTGOMERY: I was

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(518) 371-8910 1 thinking of being charged with a sex offense. 2 SENATOR SKELOS: To -- if you're 3 convicted of the crime, you would have to 4 supply the DNA evidence. If -- you're saying 5 about exoneration? 6 SENATOR MONTGOMERY: Yes. 7 SENATOR SKELOS: To be 8 exonerated, you would fall in that category. 9 SENATOR MONTGOMERY: So would 10 that be available to anyone who is at least -- 11 SENATOR SKELOS: Yeah, the whole 12 purpose of the -- 13 SENATOR MONTGOMERY: -- indicted 14 for any sex -- 15 SENATOR SKELOS: The whole 16 purpose of the Innocence Project is to -- 17 there is DNA evidence that would eventually be 18 used to exonerate you. For example, if the 19 wrong person was charged and convicted, then 20 it can be used. 21 SENATOR MONTGOMERY: All right. 22 Thank you. Thank you for that clarification, 23 Senator Skelos. 24 I guess my question is -- I'm 25 certainly in favor of this legislation. I

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(518) 371-8910 1 think that it's extremely important in any 2 case where a person is charged with a sex 3 offense that they should be eligible for DNA 4 testing that is done by the prosecutor so that 5 there is clear and specific and convincing and 6 undeniable evidence that this particular 7 person is guilty of this particular sex 8 offense. 9 But I'm voting for this 10 legislation. Thank you, Madam President. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Is there any other Senator wishing 14 to be heard? 15 The debate is closed. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 10. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 55. 24 Those Senators absent from voting 25 on Calendar Number 1007: Senators Breslin,

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(518) 371-8910 1 Duane and Schneiderman. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1183, by Senator Flanagan, Senate Print 4987, 7 an act to amend the General Business Law. 8 SENATOR MONTGOMERY: Explanation. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 An explanation has been requested, 12 Senator Flanagan. 13 SENATOR FLANAGAN: Thank you, 14 Madam President. 15 This is a new bill. This is an 16 amendment to the General Business Law, and it 17 moves to prohibit the sale of salvia 18 divinorum, otherwise known as "Diviner's 19 Sage," "Sister Salvia," "Ska Maria Pastora" or 20 simply "salvia." 21 This bill would prohibit the sale 22 in the state of New York, provide for a civil 23 penalty up to $500. And maybe just a little 24 bit of background, because I'm sure my 25 colleagues are completely interested in this

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(518) 371-8910 1 subject. 2 This is new, but in all sincerity I 3 think this could be something getting ahead of 4 a problem, trying to get out in front of 5 something that could turn out to be like 6 Ecstasy, have some of the same effects, 7 potentially, as LSD. And with all the debate 8 right now about marijuana, it can have some of 9 the same effects as marijuana. 10 It is a psychoactive plant within 11 the mint family. It comes from Mexico. Right 12 now it's presently completely unregulated by 13 the federal government. There is an act 14 pending before Congress which has not been 15 chaptered at the federal level sponsored by 16 Congressman Baca from California, and that's 17 being pushed right now. 18 But there's absolutely no 19 regulation whatsoever. The bottled water that 20 we all see here has more regulation than this 21 substance. 22 And kind of looking at this, if you 23 were to go searching on this, it has many 24 properties and similarities to marijuana. And 25 I want to mention some of them just so you

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(518) 371-8910 1 know. You can go right on the Internet and 2 pick up information. Here are just a few of 3 the websites that are out there: Mazatec 4 Garden, Dr. Bongs Cannabis Emporium, Just Say 5 Yes to Salvia, Grass City, Marijuana 6 Alternatives, the Shroomery, Trip Zone, Stop 7 the Drug War, the Good Drugs Guide, et cetera. 8 And it's out there for kids. You 9 can get it in the mail, you can get it in the 10 Internet. 11 And there are some who say it's 12 safe, but there are plenty of others who say 13 this could potentially be a serious problem. 14 It is listed by the federal government, the 15 DEA, as a chemical of concern. It is probably 16 the strongest hallucinogenic that's out there, 17 and yet it's totally unregulated. 18 And so this is the first attempt, 19 along with Assemblyman Heastie in the 20 Assembly, to move to ban the sale in the state 21 of New York. It has been banned in a number 22 of foreign counties, including Australia, 23 Belgium, Denmark, Italy, South Korea and 24 Finland, and there are several states across 25 the country who are moving to do the same

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(518) 371-8910 1 thing. 2 ACTING PRESIDENT LITTLE: Thank 3 you, Senator. 4 Senator Oppenheimer. 5 SENATOR OPPENHEIMER: If the 6 sponsor would yield for a question. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Flanagan, will you yield? 10 SENATOR FLANAGAN: Yes. 11 SENATOR OPPENHEIMER: How does 12 this salvia, is it differentiated from the 13 salvia that we have in -- a very common garden 14 plant. I have it all over my garden. Is 15 it -- you mean I'm growing this stuff? 16 (Laughter.) 17 SENATOR OPPENHEIMER: Oh, my God. 18 It's a very bright red -- 19 SENATOR FLANAGAN: I cannot 20 answer that question. 21 SENATOR OPPENHEIMER: It's a very 22 attractive bright red plant, or it can also be 23 blue. And it's very, very common. 24 So is it the same plant? 25 SENATOR FLANAGAN: I don't

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(518) 371-8910 1 believe it to be the same plant. 2 But let me also make clear, one of 3 the provisions in the bill is if somebody 4 offers this for sale and not knowingly 5 realizes that it is this substance, that is an 6 affirmative defense. You know, you can sort 7 of explain your way out of it. If you had no 8 reason to know or it was not readily 9 discoverable, that is a defense to this law. 10 SENATOR OPPENHEIMER: Thank you. 11 SENATOR FLANAGAN: Some people 12 might feel that they can use it for medicinal 13 purposes. 14 But let me, just by way of 15 description -- and there's plenty of 16 information out there. It's in some respects 17 unique that more hasn't been said about this. 18 But you can have -- it can lead to what's 19 known as dysphoria, which can include trouble 20 sleeping, racing thoughts, grandiosity, mental 21 and/or physical agitation, feeling persecuted 22 for no reason, hearing things, and having 23 trouble making decisions. 24 I had suggested to my colleague 25 that that perhaps describes the job that we

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(518) 371-8910 1 all hold -- 2 (Laughter.) 3 SENATOR FLANAGAN: -- but that is 4 not a reason to ban it in and of itself. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Is there any other Senator wishing 8 to be heard? 9 Senator Montgomery. 10 SENATOR MONTGOMERY: Yes, thank 11 you. I want to thank Senator Flanagan for 12 that explanation. 13 And I certainly -- it sounds like 14 we may have been already smelling it or -- 15 based on our -- some of our conversations in 16 here. 17 But, Madam President, I think that 18 the danger is and the worry is that we go down 19 the path once again of where we went with 20 marijuana. And it's really consumed billions 21 of dollars in resources without there being a 22 sufficient rationale for doing that. 23 So I certainly -- while I'm 24 concerned about the danger of this, the 25 potential danger, I'm also concerned about the

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(518) 371-8910 1 danger of us once again going into the 2 direction of spending resources, valuable 3 resources, and ruining hundreds of thousands 4 of lives, people's lives for use of something 5 that we don't even know what we're looking at 6 when we see it yet. 7 So I'm going to oppose it, but I 8 still -- I appreciate that Senator Flanagan 9 has brought it to us so that at least we know 10 what's coming. 11 So thank you, Madam President. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Connor. 15 SENATOR CONNOR: Yes, Madam 16 President. Will the sponsor yield for a 17 question, please? 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Flanagan, do you yield? 21 SENATOR FLANAGAN: Yes. 22 SENATOR CONNOR: Thank you. 23 As a preface to my question, some 24 20 years ago or 25 years ago a church in my 25 district contacted me and I sponsored a bill

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(518) 371-8910 1 for them because they used little bits of 2 peyote in their religious services and they 3 wanted an exception for that. 4 But -- so my question is this. Are 5 there any known legitimate uses for this? The 6 name sounds rather religious, and its 7 translation is rather religious. Other than 8 people getting high, is there any known 9 legitimate use for this? 10 SENATOR FLANAGAN: That's a tough 11 question to answer, Senator Connor, because 12 some may feel that's the known use, that 13 people can get some euphoric feeling. 14 There are -- if you look at some of 15 the literature, there are somewhere between 1 16 and 6 stages of the salvia level, some very 17 mild. And there are -- there's some evidence 18 that shows the more you use, the more 19 problematic it becomes, the more 20 hallucinogenic and the more introverted a 21 person becomes, with attendant problems going 22 along with that. 23 I'm not aware of any positive 24 benefit to salvia. 25 SENATOR CONNOR: Thank you, Madam

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(518) 371-8910 1 President. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 The debate is closed. 5 The Secretary will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 60th day. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT LITTLE: The 13 Secretary will announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1183: Senator 16 Montgomery. 17 Those Senators absent from voting: 18 Breslin, Duane and Schneiderman. 19 Ayes, 54. Nays, 1. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1348, by Senator Skelos, Senate Print 3713, an 25 act to amend the Criminal Procedure Law.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: 2 Explanation. 3 ACTING PRESIDENT LITTLE: An 4 explanation has been requested, Senator 5 Skelos. 6 SENATOR SKELOS: Thank you, Madam 7 President. 8 This bill would give peace officer 9 status to juvenile counselors employed by the 10 Department of Juvenile Justice of the City of 11 New York who are assigned to transport or to 12 court services. 13 They would have at least two years' 14 experience, could not carry a gun, would get 15 additional training, and would have peace 16 officer status only when performing their 17 duty. 18 SENATOR LIZ KRUEGER: If the 19 sponsor would yield for a question, please. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Skelos, do you yield? 23 SENATOR SKELOS: Love to. 24 SENATOR LIZ KRUEGER: Thank you. 25 Senator, is this the same bill that

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(518) 371-8910 1 the Governor has vetoed in the past, or is it 2 a different bill? 3 SENATOR SKELOS: We've changed 4 it. It's similar to a version vetoed last 5 year. The change includes the language 6 providing -- which specifically designates 7 only those certain juvenile counselors who are 8 involved in the actual transport or court 9 services of juveniles. I believe it's 40 10 individuals. 11 SENATOR LIZ KRUEGER: Thank you. 12 Madam President, on the bill. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Krueger, on the bill. 16 SENATOR LIZ KRUEGER: Thank you. 17 Thank you very much, Senator, for 18 the explanation. 19 I've talked about my concerns with 20 peace officer status before. And I appreciate 21 that your bill has changed since last year's 22 and that it limits the number of people, 23 juvenile justice officers who would be 24 included in this law. 25 But I will just read for the record

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(518) 371-8910 1 from the Governor's veto message from last 2 year. And while I recognize this is a changed 3 bill because it would affect a smaller number 4 of employees, I think that the issues are the 5 same. The Governor in his -- and today I have 6 agreed with Senator Padavan, I've agreed with 7 Senator Volker, now I'm agreeing with Governor 8 Pataki. Who knows where this trend is going 9 to get me for the rest of the week. 10 But in Governor Pataki's veto 11 message he highlighted his concern about the 12 use of physical and deadly force, the use of 13 licensed firearms. Expanding the traditional 14 scope of juvenile counselors' duties is in 15 fact a real concern of the Governor and the 16 City of New York and of mine. 17 And so I hope that we again do not 18 continue to expand the definition of peace 19 officers. There are already peace officers 20 for other employees of the Department of 21 Juvenile Justice who play that role. There 22 are of course workers in the court system and 23 the police department who are involved with 24 the transportation and oversight of juveniles 25 in our corrections system.

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(518) 371-8910 1 Again, adding one more category of 2 employees who are currently supposed to serve 3 as counselors and supervisors and provide 4 guidance to youth in the juvenile justice 5 system to becoming another category of police 6 officer or peace officer within that system I 7 think is still a mistake, even for the smaller 8 number that Senator Skelos has explained this 9 year's bill limits the number of people 10 involved in this. 11 So again I'll vote no, and I'll 12 urge my colleagues to vote no. 13 Thank you, Madam President. 14 ACTING PRESIDENT LITTLE: Is 15 there any other Senator wishing to be heard? 16 The debate is closed. 17 The Secretary will ring the bell. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT LITTLE: The 25 Secretary will announce the results.

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1348 are 3 Senators Dilan, L. Krueger and Montgomery. 4 Those Senators absent from voting: 5 Breslin, Duane and Schneiderman. 6 Ayes, 52. Nays, 3. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1353, substituted earlier today by Member of 12 the Assembly Pheffer, Assembly Print Number 13 714B, an act to amend the Executive Law. 14 ACTING PRESIDENT LITTLE: Read 15 the last section. 16 SENATOR SALAND: Madam President. 17 ACTING PRESIDENT LITTLE: Senator 18 Saland. 19 SENATOR SALAND: Thank you, Madam 20 President. 21 This is obviously a very 22 commendable victims' rights bill, one for 23 which I say to the sponsor a job well done. 24 I do, however, have a question, and 25 that question deals with the section of the

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(518) 371-8910 1 bill beginning at page 11 -- I'm sorry, 2 beginning at line 11, first page, and running 3 over to page 2, line 6, in which a district 4 attorney is now required to advise a victim or 5 consult with a victim, more appropriately, 6 regarding the disposition of a criminal case 7 prior to its resolution. 8 Certainly something well warranted. 9 The change in the bill is from "should" to 10 "shall." 11 And then, in the last sentence, the 12 bill in the existing language takes pains to 13 say that the failure of the district attorney 14 to so obtain the views of the victim or the 15 family of the victim shall not be cause for 16 delaying the proceedings against the 17 defendant, nor shall it affect the validity of 18 the conviction, judgment or order. 19 My concern was a simple one. What 20 really constitutes a reasonable effort on the 21 part of a district attorney to reach out to a 22 victim? Is it a matter of a phone call? Is 23 it a written notice? And how extensively 24 would that district attorney have to follow 25 up?

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(518) 371-8910 1 And I ask that of the sponsor 2 primarily for purposes of getting something on 3 the record in case that should ever be an 4 issue. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Meier, do you yield to a 8 question? 9 SENATOR MEIER: Certainly, Madam 10 President. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 SENATOR MEIER: I think the 14 answer -- not I think. For the purposes of 15 establishing a legislative record, it's the 16 intent really of the sponsors here that the 17 district attorney merely have to exercise some 18 sort of good-faith effort under the 19 circumstances to contact the victim. 20 That might constitute, to give some 21 examples, utilizing the contact information 22 that the victim has given the district 23 attorney, which is always done in these cases. 24 So it might be a letter, it might even be a 25 phone call. It might be the district attorney

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(518) 371-8910 1 developing, in their particular office, some 2 kind of a form that they ask the victim to 3 complete. It would be a good-faith effort 4 under the circumstance. 5 Now, the reason we wanted to use 6 the word "shall" is to indicate to prosecutors 7 around the state that this is more than a 8 request on the part of the Legislature, we're 9 indicating as a matter of public policy that 10 they ought to and therefore they shall do 11 this. 12 But Senator Saland, Madam 13 President, correctly pointed out that we've 14 retained the language in the existing law that 15 a failure to consult doesn't constitute 16 grounds for delay in going on with the 17 proceedings, and it certainly doesn't in any 18 way invalidate the outcome of the proceedings. 19 So the purpose of this is to 20 express the strong direction on the part of 21 the Legislature that the DA would exercise a 22 good-faith attempt to do this, but it in no 23 way provides automatic grounds for an 24 adjournment or invalidates any proceedings. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Is there any other Senator wishing 3 to be heard on the bill? 4 Debate is closed. 5 The Secretary will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the first of 9 September. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: In relation to 14 Calendar Number 1353, ayes, 55. 15 Those Senators absent from voting: 16 Breslin, Duane and Schneiderman. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1354, by Senator Spano, Senate Print 5542, an 22 act to amend the Arts and Cultural Affairs 23 Law. 24 ACTING PRESIDENT LITTLE: Senator 25 Krueger.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Yes, I'd 2 like to waive explanation and ask the sponsor 3 a question. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Spano, will you yield to a 7 question? 8 SENATOR SPANO: Yes. 9 SENATOR LIZ KRUEGER: Thank you. 10 Senator Spano, with this amendment 11 to the bill that we discussed last week, 12 wherein basically Internet sales, free market 13 for facilities above 6,000, basically anything 14 goes, who collects -- 15 SENATOR SPANO: I'm glad you got 16 that part right. 17 SENATOR LIZ KRUEGER: Thank you, 18 Senator Spano. 19 Who collects the sales tax? These 20 are nonlicensed entities under this bill. 21 SENATOR SPANO: The sales tax 22 would be -- or have to be paid, as all of the 23 sales tax currently has to be paid, through 24 the Internet. Which is a whole separate issue 25 that we're attempting to deal with on Internet

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(518) 371-8910 1 sales. 2 But the purchaser would be required 3 to submit to the state the sales tax that they 4 would have to pay. 5 SENATOR LIZ KRUEGER: Thank you. 6 Madam President, on the bill. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Krueger, on the bill. 10 SENATOR LIZ KRUEGER: Thank you. 11 I appreciate the sponsor's 12 explanation. 13 I had concerns with the bill that 14 was passed in this house last week and voted 15 against it. This amendment adds to my 16 concerns that the truth is we will lose 17 enormous revenue to the State of New York 18 through legitimate sales of tickets to events 19 at locations above 6,000 seats. 20 Because I would argue that under 21 the current system of collecting money through 22 Internet sales, we won't collect any sales 23 tax. These businesses won't even have to be 24 licensed as resellers of tickets. We know 25 that we'll be going to a system of third-party

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(518) 371-8910 1 purchase and negotiated competitive bids and 2 resale through Internet sites all over the 3 state and the country. 4 And I would argue that another flaw 5 to this model, which I argued last week was 6 flawed, was that we will now expect to lose a 7 large amount of sales tax in the State of 8 New York. I don't know the estimated loss in 9 sales tax, but I would suspect that a year 10 from now we can check with our Department of 11 Tax and Finance and find out how much revenue 12 we lost because of this legislation. 13 So, as I voted no on the main bill 14 last week, I vote no on this amendment. Thank 15 you, Madam President. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Is there any other Senator wishing 19 to be heard? 20 UNIDENTIFIED SENATOR: No. 21 (Laughter.) 22 ACTING PRESIDENT LITTLE: That 23 settles that. 24 The debate is closed. 25 The Secretary will ring the bell.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the same date and in 4 the same manner as a chapter of the laws of 5 2005. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT LITTLE: The 10 Secretary will announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1354 are 13 Senators Diaz, Gonzalez, L. Krueger, LaValle, 14 Marcellino, Morahan, Onorato, Oppenheimer, 15 Padavan, Paterson, Serrano, Stavisky and 16 Valesky. Also Senator Dilan. 17 Those Senators absent from voting 18 on Calendar Number 1354: Breslin, Duane and 19 Schneiderman. 20 Ayes, 41. Nays, 14. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 Senator Skelos, that completes the 24 reading of the controversial calendar. 25 SENATOR SKELOS: Madam President,

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(518) 371-8910 1 is there any further business to come before 2 the Senate? 3 ACTING PRESIDENT LITTLE: Yes, 4 Senator, there are motions. Senator Fuschillo 5 has a motion. 6 SENATOR SKELOS: Please recognize 7 Senator Fuschillo. 8 ACTING PRESIDENT LITTLE: Senator 9 Fuschillo. 10 SENATOR FUSCHILLO: Thank you, 11 Madam President. 12 On behalf of Senator Maltese, on 13 page number 59, I offer the following 14 amendments to Calendar Number 1208, Senate 15 Print Number 1955, and ask that said bill 16 retain its place on Third Reading Calendar. 17 ACTING PRESIDENT LITTLE: The 18 amendments are received, and the bill will 19 retain its place on the Third Reading 20 Calendar. 21 SENATOR FUSCHILLO: Madam 22 President, on behalf of Senator LaValle, on 23 page number 16, I offer the following 24 amendments to Calendar Number 473, Senate 25 Print Number 3658, and ask that said bill

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(518) 371-8910 1 retain its place on Third Reading Calendar. 2 ACTING PRESIDENT LITTLE: The 3 amendments are received, and the bill will 4 retain its place on the Third Reading 5 Calendar. 6 SENATOR FUSCHILLO: Thank you. 7 ACTING PRESIDENT LITTLE: Senator 8 Valesky has a motion. 9 SENATOR VALESKY: Thank you, 10 Madam President. I wish to call up Calendar 11 Number 937, Assembly Print Number 3652. 12 ACTING PRESIDENT LITTLE: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 937, by Member of the Assembly Magee, Assembly 16 Print 3652, an act to amend the Village Law. 17 SENATOR VALESKY: I now move to 18 reconsider the vote by which the Assembly bill 19 was substituted for my bill, Senate Print 20 1738, on May 16th. 21 And I now move that the Assembly 22 Bill 3652 be committed to the Committee on 23 Rules, and my Senate bill be restored to the 24 order of the Third Reading Calendar. 25 Madam President, I now offer the

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(518) 371-8910 1 following amendments. 2 ACTING PRESIDENT LITTLE: Call 3 the roll on reconsideration of the 4 substitution. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 ACTING PRESIDENT LITTLE: The 8 bill is committed, and the amendments are 9 received. 10 Senator Skelos. 11 SENATOR SKELOS: Thank you, Madam 12 President. 13 There being no further business to 14 come before the Senate, I move we stand 15 adjourned until Tuesday, June 7th, at 16 3:00 p.m. 17 ACTING PRESIDENT LITTLE: On 18 motion, the Senate stands adjourned until 19 Tuesday, June 7th, at 3:00 p.m. 20 (Whereupon, at 5:41 p.m., the 21 Senate adjourned.) 22 23 24 25

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(518) 371-8910