Tuesday, June 7, 2005

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

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 afternoon to give the invocation is Reverend 11 Bill Lambert, pastor of Folsomdale Baptist 12 Church in Cowlesville. 13 REVEREND LAMBERT: Let's ask 14 God's blessing. 15 When one rules over men in 16 righteousness, when he rules in the fear of 17 God, he is like the light of morning at 18 sunrise on a cloudless morning, like the 19 brightness after rain that brings the grass 20 from the earth. 21 Lord God, we thank You that we can 22 today commit these deliberations to You. We 23 confess that our own efforts fall far short of 24 even addressing all the challenges that we 25 face. And so we desperately need and seek

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(518) 371-8910 1 wisdom from Your hand. 2 We ask that You might work 3 sovereignly, that You might do whatever is 4 needed in and among our leaders this week so 5 they might recognize what You desire from 6 them. 7 Please embed within each one the 8 moral compass that refuses to be swayed by the 9 storms of controversy that are around us. May 10 they stand on the solid, absolute foundation 11 of Your word, which powerfully transcends the 12 fleeting and the fashionable definitions that 13 our ever-changing culture gives to morality 14 today. 15 We ask that You might grant each 16 leader strength and courage and fearlessness 17 to take unpopular stands and yet also to know 18 when to compromise. Endow them with Your 19 spirit of humility. 20 This week, as they face the 21 difficult and perhaps even unexpected, bless 22 their efforts at resolution that honors You. 23 Grant them a sense of Your presence as they 24 seek Your guidance in all things. May they be 25 increasingly transformed into powerful servant

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(518) 371-8910 1 leaders who willingly sacrifice for our great 2 state at these critical times. 3 O Lord, how we need Your blessing. 4 We pray in Jesus' name. Amen. 5 THE PRESIDENT: Reading of the 6 Journal. 7 THE SECRETARY: In Senate, 8 Monday, June 6, the Senate met pursuant to 9 adjournment. The Journal of Sunday, June 5, 10 was read and approved. On motion, Senate 11 adjourned. 12 THE PRESIDENT: Without 13 objection, the Journal stands approved as 14 read. 15 Presentation of petitions. 16 Messages from the Assembly. 17 Messages from the Governor. 18 Reports of standing committees. 19 The Secretary will read. 20 THE SECRETARY: Senator Johnson, 21 from the Committee on Finance, reports the 22 following nominations. 23 As a member of the Metropolitan 24 Transportation Authority, Mitchell H. Pally, 25 of Stony Brook.

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(518) 371-8910 1 THE PRESIDENT: Senator Johnson. 2 SENATOR JOHNSON: Move the 3 nomination. 4 THE PRESIDENT: Senator Flanagan. 5 SENATOR FLANAGAN: Thank you, 6 Madam President. Briefly on the nomination, 7 if I may. 8 Mitch Pally is from Stony Brook, 9 obviously Suffolk County. He's seated up in 10 the gallery there. And I would respectfully 11 suggest that I would offer some comments 12 relative to Mr. Pally on behalf of my 13 colleagues from Long Island, because I think 14 they would share in my sentiments. 15 I have a two-page bio here for 16 Mr. Pally. It's quite extensive. He has -- 17 the more I read it, I'm getting tired just 18 reading it based on all the things that he's 19 done throughout his public career. 20 Mitch is a good guy. He's someone 21 that's worked very hard for the people of Long 22 Island. He's been appointed by the Governor 23 for many panels, he's been appointed by the 24 Senate Majority Leader for a wide variety of 25 positions as well. But he's been a staunch

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(518) 371-8910 1 advocate for Long Island throughout his public 2 and private life. 3 And everybody should know that he 4 got his start primarily here in the New York 5 State Senate, working with former Senator 6 Norman Levy on all kinds of innovative 7 legislation -- I think the child seat belt 8 law, the restraint law and all kinds of 9 different issues that help the people of this 10 state. 11 He is a terrific person in the 12 community on Long Island. He will be working 13 on MTA issues. He's going to be a great 14 advocate for us. 15 But I would leave you with this. 16 The most important thing, we all look to good 17 people in our areas. Mitch is a great family 18 man, and he's got four kids. He and his wife 19 have lived in Stony Brook for a long time. 20 He's been active in the soccer clubs and is 21 someone who is a great asset to our community. 22 So, Mitch, to you, congratulations. 23 We look forward to working with you. And 24 we're all pleased that you're going to be 25 joining the team.

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(518) 371-8910 1 THE PRESIDENT: Senator Balboni. 2 SENATOR BALBONI: I too would 3 like to rise on behalf of this nomination. 4 I actually felt like I've grown up 5 with Mitch. He was counsel to Senator Norman 6 Levy for many years. He knew so much about 7 transportation. He was the person who first 8 explained to me what the capital program was, 9 as a young counsel. And he always was able to 10 maintain a sense of the public good. 11 I think that it's great when you 12 have people who have an institutional 13 knowledge, an experience base, but also an 14 expertise in a highly technical area that they 15 can bring to bear on this type of issue. 16 And as we all know, particularly 17 for downstate, but throughout the entire 18 metropolitan region, we have huge issues when 19 it comes to the operating systems, the 20 investment and what we're going to expect out 21 of our transportation system in the coming 22 decade. And I think Mitch is going to be an 23 excellent advocate for those new programs. 24 I wholly support the nomination, 25 Madam President. Thank you.

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(518) 371-8910 1 THE PRESIDENT: Senator LaValle. 2 SENATOR LaVALLE: Madam 3 President, I rise also to support this 4 nomination. 5 As previous speakers have 6 indicated, Mitch Pally was counsel to the 7 Transportation Committee and helped write many 8 of the laws. I think he will find it very 9 interesting how now, from the board's 10 perspective, he will have to deal as a matter 11 of policy with some of the very laws that he 12 had helped write. 13 The Governor has made an excellent 14 nomination here. Mitch will be a very strong 15 voice for suburban interests as well as the 16 interest in general. He has really been a 17 wonderful spokesperson for Long Island, 18 through the LIA, in helping bring technology 19 companies to Long Island, really has 20 understood how higher education interacts with 21 technology, and generally has had a good sense 22 of what good planning is all about. 23 And so he will make a wonderful 24 representative on the MTA. Congratulations, 25 Mitch.

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(518) 371-8910 1 THE PRESIDENT: Senator 2 Marcellino. 3 SENATOR MARCELLINO: Thank you, 4 Madam President. I also rise to second this 5 nomination. 6 I do believe that Mitch Pally will 7 bring to the office directness and an 8 openness. You don't have any doubts where 9 Mitch stands on any issue. You might not 10 always agree with him, and he might not always 11 agree with you, but there is always an honest, 12 well-thought-out conversation from him, and 13 his arguments are always on point. 14 So I think the Governor has made a 15 good appointment. And I look forward to his 16 position, and I look forward to working with 17 him for many years to come. 18 Congratulations. 19 THE PRESIDENT: Thank you. 20 Senator. 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Thank you, 23 Madam President. I too rise and proudly 24 support this nomination. 25 And I must say he brings an wealth

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(518) 371-8910 1 of experience to the MTA board, having worked 2 with Senator Levy for many years on the 3 Transportation Committee. 4 But most importantly, he brings a 5 sensitivity to the board that is necessary in 6 dealing with the East Side access and so many 7 other issues that must be dealt with for the 8 commuters in the metropolitan area. 9 But he brings a sensitivity to the 10 commuters. And he knows, most importantly, 11 that we cannot keep raising their rates on a 12 monthly basis. And that's what I like out of 13 Mitch Pally that came out of his mouth today. 14 So, Mitch, congratulations. And I 15 proudly second the nomination. 16 THE PRESIDENT: The question now 17 is on the nomination of Mitchell H. Pally to 18 be a member of the Metropolitan Transportation 19 Authority to serve a term. 20 All in favor please signify by 21 saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Opposed, nay. 24 (No response.) 25 THE PRESIDENT: The nominee is

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(518) 371-8910 1 confirmed. 2 Congratulations and best wishes for 3 continued excellence. 4 (Applause.) 5 THE PRESIDENT: The Secretary 6 will continue to read. 7 THE SECRETARY: As a member of 8 the Metropolitan Transportation Authority, 9 Carl V. Wortendyke, of Upper Nyack. 10 THE PRESIDENT: Senator Johnson. 11 SENATOR JOHNSON: Move the 12 nomination. 13 THE PRESIDENT: Senator Morahan. 14 SENATOR MORAHAN: Thank you, 15 Madam President. 16 I rise as the only Senator from 17 Rockland County, unlike my colleagues from 18 Long Island, who can give nine speeches 19 because there's nine Senators. But I want to 20 talk about Carl Wortendyke, who is also going 21 to be confirmed here this afternoon to the MTA 22 board. 23 Carl is a very industrious, 24 hardworking major force, if you will, in 25 Rockland County, in our industry and in our

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(518) 371-8910 1 business circles. Carl has a vital interest 2 in the transportation needs of this state, and 3 I am proud to second his nomination. 4 I know he's going to do an 5 excellent job. He will be very responsive to 6 his constituents. We have an awful lot 7 happening in the mid-Hudson area -- the 8 Tappan Zee Bridge, the infrastructure of the 9 Thruway, and all of those commuter needs that 10 the MTA serves as they service our commuters 11 going to New York City and in the region. 12 So it's with great pride that I get 13 up to say: Carl, welcome, to the MTA. You're 14 going to be a fine member, a hardworking 15 member. 16 He was formerly with the New York 17 State Parks Department as a commissioner in 18 the Capital District. And notwithstanding 19 that's a bit of a throw from Rockland County, 20 he never missed one obligation or one meeting, 21 and he took his duties very serious in that 22 position. 23 I'm firmly convinced that he will 24 be -- you know, maybe, Carl, you'll get a 25 perfect attendance T-shirt. I don't know.

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(518) 371-8910 1 But I think you will be just as attentive to 2 this job, which is a major step up. And I 3 think the Governor ought to be congratulated 4 as well for having the wisdom to select you 5 and nominate you for this position. 6 So I happily second that 7 nomination, Madam President. 8 THE PRESIDENT: The question is 9 on the nomination of Carl V. Wortendyke to 10 serve a term as a member of the Metropolitan 11 Transportation Authority. All in favor please 12 signify by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The nominee is 17 hereby confirmed. 18 Congratulations and best wishes for 19 continued success. 20 (Applause.) 21 THE PRESIDENT: The Secretary 22 will continue to read. 23 THE SECRETARY: As a member of 24 the New York State Olympic Regional 25 Development Authority, Serge Lussi, of Lake

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(518) 371-8910 1 Placid. 2 As a member of the Correction 3 Medical Review Board, Scott S. Coyne, M.D., of 4 Huntington. 5 And as members of the Small 6 Business Advisory Board, Richard M. Bovine, of 7 East Meadow, and John C. Mitchell, of 8 Hamilton. 9 THE PRESIDENT: Senator Johnson. 10 SENATOR JOHNSON: Move the 11 nominations. 12 THE PRESIDENT: The question is 13 on the nominations as read by the Secretary 14 and as moved by Senator Johnson. All in favor 15 please signify by saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (No response.) 19 THE PRESIDENT: The nominees are 20 all hereby confirmed. 21 Senator Balboni. 22 SENATOR BALBONI: Please continue 23 in regular order, Madam President. Thank you. 24 THE PRESIDENT: Reports of select 25 committees.

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(518) 371-8910 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Farley. 5 SENATOR FARLEY: Thank you, Madam 6 President. 7 On behalf of Senator Seward, my 8 colleague right here, I wish to recommit and 9 strike the enacting clause of 4416A. 10 THE PRESIDENT: So ordered. 11 SENATOR FARLEY: And have it be 12 recommitted. 13 THE PRESIDENT: So ordered, 14 Senator. 15 SENATOR FARLEY: On behalf of 16 various Senators, amendments are offered to 17 these following Third Reading Calendar bills: 18 Senator LaValle, page 13, Calendar 19 361, Senate Print 1549; 20 Senator Fuschillo, on page 18, 21 Calendar 543, Senate Print 2602A; 22 Senator Skelos, on page 61, 23 Calendar Number 1262, Senate Print 5249A; 24 Senator Balboni, on page 67, 25 Calendar 1331, Senate Print 186;

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(518) 371-8910 1 On behalf of Senator Marcellino, on 2 page 5, Calendar Number 64, Senate Print 3 1485A; 4 On behalf of Senator DeFrancisco, 5 on page 20, Calendar 592, Senate Print 48A; 6 And on behalf of Senator Saland, on 7 page 38, Calendar Number 928, Senate Print 8 4602. 9 Madam President, I move that these 10 bills retain their place on the Third Reading 11 Calendar. 12 THE PRESIDENT: The amendments 13 are received, and those bills will retain 14 their place on the Third Reading Calendar. 15 Senator Balboni. 16 SENATOR BALBONI: Madam 17 President, are there any substitutions at the 18 desk? 19 THE PRESIDENT: Yes, there are, 20 Senator. 21 SENATOR BALBONI: Please proceed. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: On page 9, 25 Senator Spano moves to discharge, from the

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(518) 371-8910 1 Committee on Rules, Assembly Bill Number 7334 2 and substitute it for the identical Senate 3 Bill Number 3130, Third Reading Calendar 286. 4 On page 16, Senator Spano moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 6823 and substitute it 7 for the identical Senate Bill Number 2718, 8 Third Reading Calendar 506. 9 On page 18, Senator Maziarz moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 7185 and substitute it 12 for the identical Senate Bill Number 3893, 13 Third Reading Calendar 536. 14 On page 21, Senator Fuschillo moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 6886A and substitute it 17 for the identical Senate Bill Number 4109, 18 Third Reading Calendar 614. 19 On page 26, Senator Leibell moves 20 to discharge, from the Committee on Rules, 21 Assembly Bill Number 6723A and substitute it 22 for the identical Senate Bill Number 3626A, 23 Third Reading Calendar 726. 24 On page 34, Senator Hannon moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 8176 and substitute it 2 for the identical Senate Bill Number 3341A, 3 Third Reading Calendar 875. 4 On page 35, Senator Winner moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 8118 and substitute it 7 for the identical Senate Bill Number 4557, 8 Third Reading Calendar 879. 9 On page 39, Senator Little moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 8409 and substitute it 12 for the identical Senate Bill Number 5255, 13 Third Reading Calendar 966. 14 On page 45, Senator Larkin moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 2645 and substitute it 17 for the identical Senate Bill Number 1610, 18 Third Reading Calendar 1049. 19 On page 48, Senator Little moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 7872 and substitute it 22 for the identical Senate Bill Number 5256, 23 Third Reading Calendar 1117. 24 On page 48, Senator Little moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 7870 and substitute it 2 for the identical Senate Bill Number 5293, 3 Third Reading Calendar 1120. 4 On page 51, Senator Marcellino 5 moves to discharge, from the Committee on 6 Rules, Assembly Bill Number 7078 and 7 substitute it for the identical Senate Bill 8 Number 3996, Third Reading Calendar 1162. 9 On page 53, Senator Spano moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 8367 and substitute it 12 for the identical Senate Bill Number 5213A, 13 Third Reading Calendar 1191. 14 On page 54, Senator Volker moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 8115A and substitute it 17 for the identical Senate Bill Number 5320A, 18 Third Reading Calendar 1201. 19 On page 55, Senator LaValle moves 20 to discharge, from the Committee on Rules, 21 Assembly Bill Number 4240 and substitute it 22 for the identical Senate Bill Number 2467, 23 Third Reading Calendar 1210. 24 On page 56, Senator Robach moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 5430 and substitute it 2 for the identical Senate Bill Number 3043, 3 Third Reading Calendar 1215. 4 On page 59, Senator Flanagan moves 5 to discharge, from the Committee on Rules, 6 Assembly Bill Number 1873 and substitute it 7 for the identical Senate Bill Number 4290, 8 Third Reading Calendar 1243. 9 On page 68, Senator Oppenheimer 10 moves to discharge, from the Committee on 11 Rules, Assembly Bill Number 7211 and 12 substitute it for the identical Senate Bill 13 Number 4315, Third Reading Calendar 1366. 14 On page 69, Senator Skelos moves to 15 discharge, from the Committee on Crime 16 Victims, Crime and Correction, Assembly Bill 17 Number 4466 and substitute it for the 18 identical Senate Bill Number 4811, Third 19 Reading Calendar 1369. 20 On page 70, Senator Maltese moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 8543 and substitute it 23 for the identical Senate Bill Number 5389, 24 Third Reading Calendar 1378. 25 And on page 70, Senator Skelos

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(518) 371-8910 1 moves to discharge, from the Committee on 2 Rules, Assembly Bill Number 8312 and 3 substitute it for the identical Senate Bill 4 Number 5470, Third Reading Calendar 1380. 5 THE PRESIDENT: Substitutions 6 ordered. 7 Senator Balboni. 8 SENATOR BALBONI: Madam 9 President, can we please adopt the Resolution 10 Calendar, with the exception of Resolution 11 Number 2347, please. 12 THE PRESIDENT: All in favor of 13 so adopting the Resolution Calendar please 14 signify by saying aye. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The Resolution 19 Calendar is so adopted. 20 Senator Balboni. 21 SENATOR BALBONI: There's a 22 resolution at the desk, 2347, by Senator 23 Leibell. May we please have the title read 24 and move for its immediate adoption. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will read. 2 THE SECRETARY: By Senator 3 Leibell, Legislative Resolution Number 2347, 4 commemorating the 50th Anniversary of the 5 Polio Vaccine. 6 THE PRESIDENT: All in favor of 7 the resolution please signify by saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (No response.) 11 THE PRESIDENT: The resolution is 12 adopted. 13 Senator Balboni. 14 SENATOR BALBONI: Senator Leibell 15 would like to open up this resolution for 16 cosponsorship. If someone does not wish to be 17 a cosponsor, they should notify the desk. 18 THE PRESIDENT: Any member who 19 does not wish to cosponsor the last 20 resolution, please notify the desk. 21 Senator Balboni. 22 SENATOR BALBONI: Yes, Madam 23 President. May we now have the reading of the 24 noncontroversial calendar. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will read. 2 THE SECRETARY: Calendar Number 3 682, by Senator Seward, Senate Print 4061B, an 4 act to amend the Insurance Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 10. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 53. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1052, by Senator Balboni, Senate Print 939, an 16 act to amend the General Business Law and the 17 Penal Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 9. This 21 act shall take effect on the first of 22 November. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1069, by Member of the Assembly Morelle, 5 Assembly Print Number 3796, an act to amend 6 the Highway Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the same date as 11 Chapter 460 of the Laws of 2004. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 52. Nays, 15 1. Senator Duane recorded in the negative. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1070, by Senator DeFrancisco, Senate Print 20 5054, an act to amend the Navigation Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 54. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1151, by Member of the Assembly Cahill, 7 Assembly Print Number 4851, an act to amend 8 the General Municipal Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 53. Nays, 16 1. Senator Duane recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1155, by Senator Andrews, Senate Print 3386, 21 an act to amend the Racing, Pari-Mutuel 22 Wagering and Breeding Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 120th day. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 54. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1158, by Senator Larkin, Senate Print 5391, an 9 act to amend the Racing, Pari-Mutuel Wagering 10 and Breeding Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the 180th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1158 are 19 Senators Duane, LaValle and Padavan. 20 Ayes, 51. Nays, 3. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1191, substituted earlier today by Member of 25 the Assembly Silver, Assembly Print Number

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(518) 371-8910 1 8367, an act to amend the Executive Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1194, by Senator Maziarz, Senate Print 2281, 13 an act to amend the Vehicle and Traffic Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1195, by Senator Robach, Senate Print 3410A, 25 an act to amend the Vehicle and Traffic Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 8. This 4 act shall take effect on the first of 5 November. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 53. Nays, 9 1. Senator Duane recorded in the negative. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1199, by Senator Golden, Senate Print 5148A, 14 an act to amend the Vehicle and Traffic Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1200, by Senator Volker, Senate Print 5319, an

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(518) 371-8910 1 act to amend the Highway Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1201, substituted earlier today by Member of 13 the Assembly Schroeder, Assembly Print Number 14 8115A, an act to amend the Highway Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1203, by Senator Padavan, Senate Print 5360,

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(518) 371-8910 1 an act to amend the Vehicle and Traffic Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. Nays, 9 2. Senators Duane and Montgomery recorded in 10 the negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1206, by Member of the Assembly Destito, 15 Assembly Print Number 7517, an act to amend 16 the Patriot Plan. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1207, by Member of the Assembly Towns, 3 Assembly Print Number 7959, an act to amend 4 Chapter 288 of the Laws of 2004. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1211, by Senator Maltese, Senate Print 2866, 16 an act to amend the Administrative Code of the 17 City of New York. 18 THE PRESIDENT: There is a 19 home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1212, by Senator Robach, Senate Print 2870, an 5 act to amend the Retirement and Social 6 Security Law, in relation to additional 7 pension benefits. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1213, by Senator Robach, Senate Print 2875A, 19 an act to amend the Education Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1220, by Senator Little, Senate Print 3843, an 6 act to authorize the Village of Tupper Lake. 7 THE PRESIDENT: There is a 8 home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1221, by Senator Robach, Senate Print 4293, an 19 act to amend the Retirement and Social 20 Security Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1243, substituted earlier today by Member of 7 the Assembly Wright, Assembly Print Number 8 1873, an act to amend Chapter 92 of the Laws 9 of 2001. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1250, by Senator Meier, Senate Print 2317, an 21 act to amend the Executive Law and the Social 22 Services Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 5. This

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(518) 371-8910 1 act shall take effect on the first of January. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1290, by Senator Meier, Senate Print 5274, an 9 act authorizing the City of Utica. 10 THE PRESIDENT: There is a 11 home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1299, by Senator DeFrancisco, Senate Print 22 5380, an act to amend the Real Property Tax 23 Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of January. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1323, by Senator Marcellino, Senate Print 10 5353A, an act to authorize 11 Greenlawn-Centerport Historical Association. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. Nays, 19 1. Senator Bonacic recorded in the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1355, by Senator Trunzo, Senate Print 129, an 24 act to amend the Real Property Tax Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1357, by Senator Larkin, Senate Print 439, an 11 act to amend the Vehicle and Traffic Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of January. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1358, by Senator Hannon, Senate Print 753, an 23 act to amend the Vehicle and Traffic Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 180th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1359, by Senator Winner, Senate Print 1241A, 10 an act to authorize the Department of Taxation 11 and Finance. 12 THE PRESIDENT: There is a local 13 fiscal impact note at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1360, by Senator Flanagan, Senate Print 2842, 24 an act to amend the Vehicle and Traffic Law. 25 SENATOR ONORATO: Lay it aside.

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(518) 371-8910 1 THE PRESIDENT: The bill is laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1361, by Senator Golden, Senate Print 3437A, 5 an act to amend the Retirement and Social 6 Security Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 11. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1362, by Senator Maziarz, Senate Print 3691, 18 an act to amend the Real Property Tax Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1363, by Senator Saland, Senate Print 4042, an 5 act to authorize the New Hackensack Fire 6 District. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1364, by Senator Morahan, Senate Print 4103, 18 an act to amend the Environmental Conservation 19 Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1365, by Senator Wright, Senate Print 4306, an 6 act to amend the Education Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 30th day. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1366, substituted earlier today by Member of 18 the Assembly Paulin, Assembly Print Number 19 7211, an act to authorize the assessor of the 20 City of New Rochelle. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. Nays, 3 1. Senator Bonacic recorded in the negative. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1367, by Senator Bruno, Senate Print 4655, an 8 act authorizing George E. Slagen III to 9 transfer credits. 10 THE PRESIDENT: There is a 11 home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1371, by Senator Wright, Senate Print 4960A, 22 an act to amend the Alcoholic Beverage Control 23 Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1372, by Senator Alesi, Senate Print -- 10 SENATOR SKELOS: Lay it aside for 11 the day, please. 12 THE PRESIDENT: The bill is laid 13 aside for the day. 14 THE SECRETARY: Calendar Number 15 1373, by the Senate Committee on Rules, Senate 16 Print Number 5179, an act to amend Chapter 272 17 of the Laws of 1991. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1374, by Senator Volker, Senate Print 5260, an 4 act to amend the Parks, Recreation and 5 Historic Preservation Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 90th day. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1375, by Senator Meier, Senate Print 5296, an 17 act authorizing the Village of Camden. 18 THE PRESIDENT: There is a 19 home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1378, substituted earlier today by Member of 5 the Assembly McLaughlin, Assembly Print Number 6 8543, an act to amend a chapter of the Laws of 7 2005. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1380, substituted earlier today by Member of 19 the Assembly Magnarelli, Assembly Print Number 20 8312, an act to amend the Executive Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 Senator Skelos, that completes the 6 noncontroversial reading of the calendar. 7 SENATOR SKELOS: Thank you, Madam 8 President. If we could go to the 9 controversial reading of the calendar. 10 THE PRESIDENT: The Secretary 11 will ring the bell, and the members should 12 return to their seats. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1360, by Senator Flanagan, Senate Print 2842, 16 an act to amend the Executive Law and the 17 Criminal Procedure Law. 18 SENATOR ONORATO: Explanation. 19 THE PRESIDENT: Senator Flanagan, 20 an explanation has been requested. 21 SENATOR FLANAGAN: Thank you, 22 Madam President. 23 Madam President, this bill is an 24 outgrowth of issues affecting the counties and 25 based on an opinion issued by the Attorney

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(518) 371-8910 1 General having to do with counties and their 2 ability to administer and create fees. 3 This would allow for a general 4 administrative fee, a drug testing fee, and an 5 electronic monitoring fee to help them 6 mitigate some of their costs involving 7 probation and people who are on probation. 8 THE PRESIDENT: Senator 9 Montgomery. 10 SENATOR MONTGOMERY: Yes, Madam 11 President, if Senator Flanagan would yield. 12 THE PRESIDENT: Senator Flanagan, 13 will you yield for a question? 14 SENATOR FLANAGAN: Yes, I will. 15 THE PRESIDENT: You may proceed 16 with a question. 17 SENATOR MONTGOMERY: Senator 18 Flanagan, I note that your memo indicates that 19 if a person is an indigenous -- if a person 20 can't afford to pay -- indigent, excuse me. 21 Thank you -- that what happens if a person is 22 unable to pay this fee, these fees? 23 SENATOR FLANAGAN: The person is 24 relieved of that responsibility. If they can 25 demonstrate there's a hardship provision so

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(518) 371-8910 1 that they can't afford to pay, they're not 2 required to pay. 3 SENATOR MONTGOMERY: Is there a 4 sliding scale at all, or do -- are these fees 5 set at a certain amount and you pay no matter 6 what your ability to pay? 7 SENATOR FLANAGAN: I believe it's 8 a sliding scale. On the administrative fee, 9 it's up to $30 a month. On the drug-testing 10 fee, it actually costs up to $8 a test, but no 11 more than $600 per year per probationer. And 12 the electronic monitoring fee is up to $8 a 13 day, but no more than $900 per probationer. 14 SENATOR MONTGOMERY: Through you, 15 Madam President, if Senator Flanagan would 16 continue to yield. 17 THE PRESIDENT: Senator Flanagan, 18 do you continue to yield? 19 SENATOR FLANAGAN: Yes. 20 THE PRESIDENT: You may proceed 21 with a question, Senator. 22 SENATOR MONTGOMERY: In the event 23 someone is on probation, Senator Flanagan, and 24 they for whatever reason do not pay, what 25 happens to that person?

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(518) 371-8910 1 SENATOR FLANAGAN: Senator 2 Montgomery, I have to double-check. I don't 3 want to misspeak. I'm not a hundred percent 4 sure. 5 SENATOR MONTGOMERY: All right. 6 Madam President, through you. 7 We -- there is a bill, Senator 8 Flanagan, I believe we're going to be 9 considering that bill, it's the Sexual 10 Predatory Reform Act, and that would require a 11 certain level of a sex offender to wear an 12 ankle bracelet for the rest of their life. 13 So assuming we have legislation 14 like that -- and I have met people who are 15 required to wear an ankle bracelet, not 16 because they've done anything, but because 17 they have some -- for some reason they've been 18 required to wear an ankle bracelet. In that 19 case, does that mean that that person pays 20 that fee for the rest of their life, 21 essentially? 22 SENATOR FLANAGAN: As I had said 23 previously, it's up to $8 per day, but there's 24 a cap of $900 per probationer. 25 SENATOR MONTGOMERY: Per year.

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(518) 371-8910 1 SENATOR FLANAGAN: Let me go back 2 to your other question. 3 The ability to recover that fee 4 would be similar to how a county can do it 5 now, a normal recovery action to collect those 6 fees. 7 Let me just add very quickly that 8 this bill is very strongly supported by the 9 New York State Association of Counties, the 10 CSEA, we have correspondence from the 11 Westchester County Executive's office and the 12 Attorney General. 13 SENATOR MONTGOMERY: All right. 14 Thank you, Madam President. Just briefly on 15 the bill. 16 THE PRESIDENT: You may proceed 17 on the bill, Senator. 18 SENATOR MONTGOMERY: Yes, I voted 19 against this before, and I'm inclined to 20 continue my objection. 21 I just think that when we're 22 talking probation, many of the probationers 23 that I'm aware of, especially, are young 24 people, first-time offenders and what have 25 you, and that's the reason why the district

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(518) 371-8910 1 attorney often uses probation rather than 2 incarceration. 3 So essentially we are looking at 4 the least able to afford, least likely group 5 that's going to be able to afford, out of all 6 of the people involved in the criminal justice 7 system, especially those. And this then 8 places an additional burden onto that young 9 person and/or their family. 10 So I really think that we should 11 consider another option for raising those 12 fees. Perhaps there are other ways that we 13 can come up with to assist the counties in the 14 cost of these services, rather than taxing 15 these -- the people that we would hope that 16 we're giving a second chance to rehabilitate 17 themselves through probation. 18 So I'm going to continue to object 19 to this legislation, Madam President. Thank 20 you. 21 THE PRESIDENT: Senator Valesky. 22 SENATOR VALESKY: Thank you, 23 Madam President. On the bill. 24 THE PRESIDENT: You may proceed 25 on the bill, Senator.

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(518) 371-8910 1 SENATOR VALESKY: I rise in 2 support of this bill and commend Senator 3 Flanagan for bringing it to the floor. 4 I notice, in looking at the voting 5 record last year, that a number of my 6 colleagues voted in opposition to this bill. 7 And with all due respect to the comments of 8 Senator Montgomery, I think it may be helpful 9 for other members to know the kind of 10 pressures that local governments around the 11 state are facing and how this bill can help in 12 some small way to alleviate those pressures. 13 The Attorney General's office, as 14 many of my colleagues may know, became 15 involved in this issue a couple of years ago, 16 in the year 2003, at the request of the Essex 17 County officials. Several counties across the 18 state had already passed local laws, I believe 19 about 15 counties had passed local laws that 20 imposed a wide variety of fees that the 21 Attorney General found was impossible to do 22 without state legislation allowing counties to 23 do that. 24 So many counties have been acting 25 in good faith to ensure that a portion of

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(518) 371-8910 1 probation costs be paid not by the taxpayers 2 but by those probationers who have the 3 financial wherewithal to make such payments. 4 I believe this is good public 5 policy. This is a good bill. We ought to be 6 passing this bill. I encourage the Assembly 7 to take the same action and for my colleagues 8 to support this bill today. 9 Thank you, Madam President. 10 THE PRESIDENT: Senator Onorato. 11 SENATOR ONORATO: Yes, Madam 12 President. Will the sponsor yield to a 13 question. 14 THE PRESIDENT: Senator Flanagan, 15 do you yield for a question? 16 SENATOR FLANAGAN: Yes. 17 THE PRESIDENT: You may proceed. 18 SENATOR ONORATO: Senator 19 Flanagan, is there any other category of 20 employees throughout the state that are 21 mandated to take random drug tests who are 22 required to pay for it? 23 SENATOR FLANAGAN: I don't know. 24 SENATOR ONORATO: Or are we 25 singling out only the probationary people with

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(518) 371-8910 1 your bill? 2 SENATOR FLANAGAN: Senator 3 Onorato, I honestly don't know if there are 4 other people that are subject to that kind of 5 fee. 6 I'm focusing on this. This is a 7 bill that's supported by the Attorney General. 8 And counties have moved to take these actions. 9 We're trying to basically help them out and 10 work with them. 11 But you perhaps would know better 12 than I. 13 SENATOR ONORATO: Well, I agree 14 with the principles of the bill. 15 But again, if we want to start 16 raising fees, let's make it statewide for 17 anybody who's mandated to require drug testing 18 to pay for their own drug testing. Let's not 19 just single out one portion of the population 20 for it. 21 You want to make money, this is a 22 money-making bill, let's do it for everybody. 23 THE PRESIDENT: Does any other 24 member wish to be heard? 25 Senator Krueger.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you, 2 Madam President. 3 Would the sponsor please yield to a 4 question? 5 THE PRESIDENT: Senator Flanagan, 6 will you yield for a question? 7 SENATOR FLANAGAN: Yes. 8 THE PRESIDENT: You may proceed, 9 Senator Krueger. 10 SENATOR LIZ KRUEGER: Senator, I 11 understand this bill is specific to people on 12 probation. What's the difference -- or why 13 does this not apply to people who come out of 14 prison on parole as well? 15 SENATOR FLANAGAN: We chose to 16 limit it to those who are on probation. If 17 someone else is so inclined to introduce a 18 bill for those on parole, they should feel 19 free to do so. It's limited to people who are 20 on probation. 21 SENATOR LIZ KRUEGER: Thank you. 22 Madam President, on the bill. 23 THE PRESIDENT: You may proceed 24 on the bill. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 I think we're all on probation in 2 this Legislature. And it's important to be 3 held accountable, as Senator Flanagan is 4 attempting to assist counties to hold people 5 accountable. 6 We have ten days left in this 7 session, and we have a series of bills that 8 we've committed to the public that we would do 9 before the end of session. And yet with ten 10 days left, it's not clear to me that we are 11 going to follow through. 12 We should be addressing legislative 13 reform or explaining to our constituents at 14 home why we flunked our probation. We should 15 be dealing with lobbying reform, particularly 16 procurement lobbying reform, particularly in 17 light of HAVA and the question of voting 18 machines moving to the counties and lobbying 19 moving to the counties -- 20 SENATOR FLANAGAN: Madam 21 President. 22 THE PRESIDENT: Senator Flanagan. 23 SENATOR FLANAGAN: Point of 24 order. 25 I believe the comments that are

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(518) 371-8910 1 being made are not germane to this bill or to 2 this legislation at all. 3 THE PRESIDENT: Senator Krueger, 4 I'm going to remind you to keep your comments 5 germane, please. 6 SENATOR LIZ KRUEGER: Thank you, 7 Madam President. 8 I think it's germane because it's 9 germane to the role that we play in the 10 Legislature of moving legislation. 11 You're attempting to move this 12 legislation. You're applying it to specific 13 individuals who we've placed on probation, 14 questioning whether as early offenders they 15 should continue to have their freedom or 16 perhaps end up in jail. 17 Hopefully none of us face that 18 level of response to our failure to meet our 19 obligations. 20 But I would argue that this 21 Legislature's failure to meet fundamental 22 reforms that many of us on both sides of this 23 aisle have committed to is in fact a parallel 24 probationary question. But I respect the 25 point. Again, ten days left. We have time to

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(518) 371-8910 1 do important legislation, and I believe we 2 should do it. 3 Thank you, Madam President. 4 THE PRESIDENT: Does any other 5 member wish to be heard? 6 Then the debate is closed. 7 The Secretary will ring the bell. 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE PRESIDENT: Senator Diaz, to 14 explain your vote. 15 SENATOR DIAZ: Thank you, Madam 16 President. 17 Ladies and gentlemen, today, in one 18 hour, we have gone through 45 bills. Only one 19 was laid aside. I'm congratulating my 20 colleagues that today no one seems to have the 21 energy to speak on anything. 22 Maybe, maybe it was the West Side 23 Stadium defeat, to some of us, that made us 24 keep quiet today. Or maybe it was the West 25 Side Stadium victory, for other people, that

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(518) 371-8910 1 made us keep quiet today. 2 One way or another, Madam 3 President, this is a precedent. In the time 4 that I have been here, it's a precedent, 5 45 bills in one hour. Praise the Lord. 6 I'm voting no. 7 THE PRESIDENT: You will be so 8 recorded as voting in the negative, Senator. 9 Senator Breslin, to explain your 10 vote. 11 SENATOR BRESLIN: Thank you, 12 Madam President. 13 Last year on this bill I voted no. 14 I didn't think there was sufficient 15 information available that it wouldn't punish 16 people who need not be punished. 17 But I've listened to the thoughtful 18 remarks of Senator Valesky. My brother 19 Michael, the county executive of Albany, did 20 place a call to me. And I really do see the 21 light, and I accept the fact that there is a 22 sufficient means test contained within the 23 bill that it's not punitive in nature, and 24 accordingly change my vote to a yes. 25 THE PRESIDENT: You will be so

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(518) 371-8910 1 recorded as voting in the affirmative, Senator 2 Breslin. 3 Senator Connor, to explain your 4 vote. 5 SENATOR CONNOR: Thank you, Madam 6 President. 7 Not to be an echo, but last year I 8 voted no on this. I frankly thought it was 9 punitive, or the intent was punitive. 10 Based on the debate today and the 11 explanations, I realize that there's a fiscal 12 need, there's a budgetary need, and therefore 13 I'm voting yes this year. 14 THE PRESIDENT: You will be so 15 recorded as voting in the affirmative. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1360 are 20 Senators Diaz, Dilan, Duane, L. Krueger, 21 Montgomery, Parker, Paterson, Sabini, Serrano, 22 A. Smith and M. Smith. 23 Those Senators absent from voting: 24 Senator Saland. 25 Ayes, 47. Nays, 11.

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(518) 371-8910 1 THE PRESIDENT: There is a local 2 fiscal impact note at the desk on this bill. 3 And the bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 1360, in the negative, also 6 Senator Schneiderman. 7 Ayes, 46. Nays, 12. 8 THE PRESIDENT: The bill is still 9 passed. 10 Senator Skelos. 11 SENATOR SKELOS: Madam President, 12 there will be an immediate meeting of the 13 Rules Committee in the Majority Conference 14 Room. 15 And upon completion of the 16 committee meeting, we'll just report the bills 17 to the floor and then adjourn. 18 So if we could stand at ease. 19 THE PRESIDENT: There will be an 20 immediate meeting of the Rules Committee in 21 the Majority Conference Room. 22 Senator Robach. 23 SENATOR ROBACH: Yes, Madam 24 President. On page 30, I offer the following 25 amendments to Calendar 809, Senate Print

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(518) 371-8910 1 Number 3110, and ask that said bill retain its 2 place on Third Reading Calendar, on behalf of 3 Senator Farley. 4 THE PRESIDENT: The amendments 5 are received, and the bill will retain its 6 place on the Third Reading Calendar. 7 SENATOR ROBACH: And also, Madam 8 President, on page number 14, I offer the 9 following amendments to Calendar Number 417, 10 Senate Print Number 2975, and ask that the 11 said bill retain its place on Third Reading 12 Calendar, on behalf of Senator Spano. 13 THE PRESIDENT: The amendments 14 are received, and the bill will retain its 15 place on the Third Reading Calendar. 16 Senator Skelos. 17 SENATOR SKELOS: If we can just 18 stand at ease, then. 19 THE PRESIDENT: The Senate stands 20 at ease. 21 (Whereupon, the Senate stood at 22 ease at 4:10 p.m.) 23 (Whereupon, the Senate reconvened 24 at 4:22 p.m.) 25 THE PRESIDENT: Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 if we could return to reports of standing 3 committees, I believe there's a report of the 4 Rules Committee at the desk. Everybody is 5 waiting for it to be read. 6 THE PRESIDENT: Reports of 7 standing committees. 8 The Secretary will read. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, reports the 11 following bills: 12 Senate Print 138, by Senator 13 Trunzo, an act to amend the Public Authorities 14 Law; 15 448, by Senator Larkin, an act to 16 amend the Surrogate's Court Procedure Act; 17 1043, by Senator Padavan, an act to 18 amend the Vehicle and Traffic Law; 19 1515, by Senator Rath, an act to 20 amend the Vehicle and Traffic Law; 21 2086, by Senator Stachowski, an act 22 authorizing the Village of Hamburg; 23 2385, by Senator Morahan, an act to 24 amend the Executive Law; 25 2557, by Senator Hannon, an act to

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(518) 371-8910 1 amend the Village Law; 2 3271, by Senator Winner, an act to 3 amend the Tax Law; 4 3332, by Senator Seward, an act 5 authorizing; 6 3619, by Senator Flanagan, an act 7 entitling Harold G. Hartner; 8 3625, by Senator Leibell, an act to 9 amend the General Municipal Law; 10 3709, by Senator Flanagan, an act 11 to amend the Vehicle and Traffic Law; 12 3932, by Senator Maziarz, an act to 13 amend the Environmental Conservation Law; 14 4563, by Senator Trunzo, an act to 15 amend Chapter 666 of the Laws of 1990; 16 4708, by Senator Skelos, an act to 17 amend the Vehicle and Traffic Law; 18 4757, by Senator Saland, an act to 19 amend the Executive Law; 20 4855A, by Senator DeFrancisco, an 21 act to amend the Civil Practice Law and Rules; 22 4959, by Senator Wright, an act to 23 amend the Vehicle and Traffic Law; 24 4993, by Senator Alesi, an act to 25 amend the Vehicle and Traffic Law;

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(518) 371-8910 1 5171, by Senator Robach, an act to 2 amend the Penal Law; 3 5392, by Senator Meier, an act to 4 amend the Social Services Law; 5 5395, by Senator Johnson, an act to 6 amend the Tax Law; 7 And Senate Print 5505A, by Senator 8 Flanagan, an act to amend the Election Law. 9 All bills ordered direct to third 10 reading. 11 THE PRESIDENT: Senator Skelos. 12 SENATOR SKELOS: Move to accept 13 the report of the Rules Committee. 14 THE PRESIDENT: All in favor of 15 accepting the report of the Rules Committee 16 please signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The report is 21 accepted. 22 Senator Skelos. 23 SENATOR SKELOS: Is there any 24 further business at the desk? 25 THE PRESIDENT: No, there isn't,

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(518) 371-8910 1 Senator. 2 SENATOR SKELOS: Thank you. 3 There being no further business to 4 come before the Senate, I move we stand 5 adjourned until Wednesday, June 8th, at 6 11:00 a.m. 7 THE PRESIDENT: On motion, the 8 Senate now stands adjourned until Wednesday, 9 June 8th, 11:00 a.m. 10 (Whereupon, at 4:25 p.m., the 11 Senate adjourned.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910