Tuesday, June 14, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 14, 2005 11 3:10 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 again 10 today is our friend, colleague and spiritual 11 advisor, the Reverend Peter G. Young, from 12 Blessed Sacrament Church in Bolton Landing, 13 New York. 14 REVEREND YOUNG: As we look 15 forward to our cooling front, we think of the 16 elderly that have suffered in their intense 17 heat. 18 But today we ask You, O, God, to 19 remember those women of distinction that are 20 recognized for their services to the citizens 21 of New York State, that they and their good 22 works will be an example to others so that we 23 can see an enrichment of all people as service 24 to others. 25 We ask You this in Your name, now

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(518) 371-8910 1 and forever. Amen. 2 THE PRESIDENT: Reading of the 3 Journal. 4 THE SECRETARY: In Senate, 5 Monday, June 13, the Senate met pursuant to 6 adjournment. The Journal of Sunday, June 12, 7 was read and approved. On motion, Senate 8 adjourned. 9 THE PRESIDENT: Without 10 objection, the Journal stands approved as 11 read. 12 Senator Skelos. 13 SENATOR SKELOS: Madam President, 14 there will be an immediate meeting of the 15 Rules Committee in the Majority Conference 16 Room. 17 THE PRESIDENT: There will be an 18 immediate meeting of the Rules Committee in 19 the Majority Conference Room. 20 Presentation of petitions. 21 Messages from the Governor. 22 Messages from the Assembly. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from

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(518) 371-8910 1 state officers. 2 Motions and resolutions. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Thank you, 5 Madam President. On behalf of Senator 6 Balboni, I wish to call up Senate Print Number 7 4496, recalled from the Assembly, which is now 8 at the desk. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 746, by Senator Balboni, Senate Print 4496, an 13 act to amend the Executive Law. 14 SENATOR FUSCHILLO: I now move to 15 reconsider the vote by which the bill was 16 passed. 17 THE PRESIDENT: The Secretary 18 will call the roll upon reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 46. 21 SENATOR FUSCHILLO: I now offer 22 the following amendments. 23 THE PRESIDENT: The amendments 24 are received. 25 SENATOR FUSCHILLO: Madam

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(518) 371-8910 1 President, on behalf of Senator Skelos, I wish 2 to call up Calendar Number 1369, Assembly 3 Print Number 4466. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: Calendar Number 7 1369, by Member of the Assembly DiNapoli, 8 Assembly Print Number 4466, an act to amend 9 the Executive Law. 10 SENATOR FUSCHILLO: I now move to 11 reconsider the vote by which the Assembly bill 12 was substituted for Senate Print Number 4811 13 on June 7th. 14 THE PRESIDENT: The Secretary 15 will call the roll upon reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 46. 18 SENATOR FUSCHILLO: I now move 19 that Assembly Bill Number 4466 be committed to 20 the Committee on Rules and that the Senate 21 bill be restored to the order of Third Reading 22 Calendar. 23 THE PRESIDENT: So ordered. 24 SENATOR FUSCHILLO: I now offer 25 the following amendments.

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(518) 371-8910 1 THE PRESIDENT: The amendments 2 are received. 3 SENATOR FUSCHILLO: Madam 4 President, on behalf of Senator Rath, I wish 5 to call up Calendar Number 1013, Assembly 6 Print Number 227. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 1013, by Member of the Assembly Pheffer, 11 Assembly Print Number 227, an act to amend the 12 General Business Law. 13 SENATOR FUSCHILLO: I now move to 14 reconsider the vote by which the Assembly bill 15 was substituted for Senate Print Number 2901 16 on May 18th. 17 THE PRESIDENT: The Secretary 18 will call the roll upon reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 46. 21 SENATOR FUSCHILLO: I now move 22 that Assembly Bill Number 227 be committed to 23 the Committee on Rules and that the Senate 24 bill be restored to the order of Third Reading 25 Calendar.

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(518) 371-8910 1 THE PRESIDENT: So ordered. 2 SENATOR FUSCHILLO: I now offer 3 the following amendments. 4 THE PRESIDENT: The amendments 5 are received. 6 SENATOR FUSCHILLO: Madam 7 President, on behalf of Senator Flanagan, on 8 page number 14, Calendar Number 426, I move to 9 amend Senate Bill Number 2914A by striking out 10 the amendments made on 4/20 and restoring it 11 to its original Senate print number, 2914, and 12 ask that said bill retain its place on Third 13 Reading Calendar. 14 THE PRESIDENT: So ordered. 15 SENATOR FUSCHILLO: I now move to 16 discharge, to the Committee on Elections, 17 Assembly Print Number 1221 and substitute it 18 for the identical Senate bill, Senate Print 19 Number 2914. 20 THE PRESIDENT: So ordered. 21 SENATOR FUSCHILLO: Madam 22 President, on behalf of Senator Skelos, I wish 23 to call up Senate Print Number 3713, recalled 24 from the Assembly, which is now at the desk. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will read. 2 THE SECRETARY: Calendar Number 3 1348, by Senator Skelos, Senate Print 3713, an 4 act to amend the Criminal Procedure Law. 5 SENATOR FUSCHILLO: I now move to 6 reconsider the vote by which the bill was 7 passed. 8 THE PRESIDENT: The Secretary 9 will call the roll upon reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 46. 12 SENATOR FUSCHILLO: I now offer 13 the following amendments. 14 THE PRESIDENT: The amendments 15 are received. 16 SENATOR FUSCHILLO: Madam 17 President, on behalf of Senator DeFrancisco, I 18 wish to call up Senate Print Number 217, 19 recalled from the Assembly, which is now at 20 the desk. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: Calendar Number 24 114, by Senator DeFrancisco, Senate Print 217, 25 an act to amend the Vehicle and Traffic Law.

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(518) 371-8910 1 SENATOR FUSCHILLO: I now move to 2 reconsider the vote by which the bill was 3 passed. 4 THE PRESIDENT: The Secretary 5 will call the roll upon reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 46. 8 SENATOR FUSCHILLO: I now offer 9 the following amendments. 10 THE PRESIDENT: The amendments 11 are received. 12 SENATOR FUSCHILLO: Madam 13 President, on behalf of Senator Morahan, I 14 wish to call up Senate Print Number 2044A, 15 recalled from the Assembly, which is now at 16 the desk. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Calendar Number 20 380, by Senator Morahan, Senate Print 2044A, 21 an act to authorize. 22 SENATOR FUSCHILLO: I now move to 23 reconsider the vote by which the bill was 24 passed and ask that the said bill be restored 25 to the order of third reading.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will call the roll upon reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 46. 5 SENATOR FUSCHILLO: I now move to 6 recommit Senate Print Number 2044A, Calendar 7 Number 380 on the order of third reading, to 8 the Committee on Local Government, with 9 instructions to said committee to strike out 10 the enacting clause. 11 THE PRESIDENT: So ordered. 12 SENATOR FUSCHILLO: Thank you. 13 THE PRESIDENT: Senator Meier. 14 SENATOR MEIER: Thank you, Madam 15 President. 16 Amendments are offered to the 17 following Third Reading Calendar bills: 18 By Senator LaValle, at page 4, 19 Calendar 32, Senate Print Number 165; 20 By Senator Marcellino, page 10, 21 Calendar 315, Print 1286B; 22 By Senator Fuschillo, page 10, 23 Calendar 319, Print 3492; 24 By Senator Maltese, page 23, 25 Calendar 695, Senate Print 2517A;

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(518) 371-8910 1 By Senator DeFrancisco, page 33, 2 Calendar 870, Senate Print 5223; 3 By Senator Hannon, page 33, 4 Calendar 880, Senate Print 4943; 5 By Senator LaValle, page 37, 6 Calendar 960, Senate Print 5162A; 7 By Senator LaValle, page 37, 8 Calendar 962, Senate Print 5164A; 9 By Senator Farley, page 39, 10 Calendar 995, Senate Print 2722; 11 By Senator Fuschillo, page 43, 12 Calendar 1066, Senate Print 4396; 13 By Senator Volker, page 43, 14 Calendar 1076, Senate Print 2415A; 15 And by Senator Seward, page 44, 16 Calendar 1109, Senate Print 4282. 17 Madam President, I now move that 18 these bills retain their place on the order of 19 third reading. 20 THE PRESIDENT: The amendments 21 are received, and the bills will retain their 22 place on the Third Reading Calendar. 23 Senator Marcellino. 24 SENATOR MARCELLINO: Yes, Madam 25 President, are there any substitutions to be

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(518) 371-8910 1 made? 2 THE PRESIDENT: Yes, there are, 3 Senator. 4 The Secretary will read. 5 THE SECRETARY: On page 5, 6 Senator Johnson moves to discharge, from the 7 Committee on Rules, Assembly Bill Number 111 8 and substitute it for the identical Senate 9 Bill Number 196, Third Reading Calendar 109. 10 On page 36, Senator Flanagan moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 4186 and substitute it 13 for the identical Senate Bill Number 4920, 14 Third Reading Calendar 921. 15 On page 57, Senator LaValle moves 16 to discharge, from the Committee on Rules, 17 Assembly Bill Number 4431A and substitute it 18 for the identical Senate Bill Number 2236A, 19 Third Reading Calendar 1313. 20 On page 61, Senator Maziarz moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 1201 and substitute it 23 for the identical Senate Bill Number 5451, 24 Third Reading Calendar 1445. 25 And on page 62, Senator DeFrancisco

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(518) 371-8910 1 moves to discharge, from the Committee on 2 Judiciary, Assembly Bill Number 4320 and 3 substitute it for the identical Senate Bill 4 Number 5514, Third Reading Calendar 1449. 5 THE PRESIDENT: Substitutions 6 ordered. 7 Senator Alesi. 8 SENATOR ALESI: Thank you, Madam 9 President. 10 Amendments are offered to the 11 following Third Reading Calendar bills: 12 Sponsored by Senator LaValle, page 13 45, Calendar 1135, Senate Print 2864A; 14 Senator Seward, page 48, Calendar 15 1198, Senate Print 4719; 16 Senator Golden, page 51, Calendar 17 Number 1231, Senate Print 5153; 18 Senator Skelos, page 54, Calendar 19 Number 1266, Senate Print 494A; 20 Senator LaValle, page 55, Calendar 21 1281, Senate Print 3322; 22 By Senator Robach, page 61, 23 Calendar Number 1444, Senate Print 5379; 24 By Senator Maziarz, page 60, 25 Calendar Number 1425, Senate Print 5468A;

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(518) 371-8910 1 Senator Volker, page 25, Calendar 2 Number 717, Senate Print 1628; 3 By Senator Volker, page 34, 4 Calendar Number 901, Senate Print 4625A; 5 By Senator Skelos, page 22, 6 Calendar 672, Senate Print 3898A; 7 By Senator Wright, page 29, 8 Calendar Number 810, Senate Print 3249A; 9 Senator LaValle, page 19, Calendar 10 573, Senate Print 842A; 11 And Senator Skelos, page 41, 12 Calendar 1022, Senate Print 4097. 13 Madam President, I now move that 14 these bills retain their place on the order of 15 Third Reading Calendar. 16 THE PRESIDENT: The amendments 17 are received, and the bills will retain their 18 place on the Third Reading Calendar. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Madam 21 President, can we take up Resolution Number 22 2428, by Senator Saland, have the title read 23 only, and move for its immediate adoption. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Saland, Legislative Resolution Number 2428, 3 congratulating the Roy C. Ketcham High School 4 Baseball Team and Coach Pat Mealy upon the 5 occasion of capturing the New York State Class 6 AA Championship. 7 THE PRESIDENT: All in favor of 8 the resolution please signify by saying aye. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: The resolution is 13 adopted. 14 Senator Fuschillo. 15 SENATOR FUSCHILLO: Madam 16 President, on behalf of Senator Saland, I wish 17 to call up Calendar Number 1180, Assembly 18 Print Number 75. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 1180, by Member of the Assembly Pheffer, 23 Assembly Print Number 75, an act to amend the 24 General Business Law. 25 SENATOR FUSCHILLO: I now move to

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(518) 371-8910 1 reconsider the vote by which the Assembly bill 2 was substituted for Senate Print Number 4225 3 on May 31st. 4 THE PRESIDENT: The Secretary 5 will call the roll upon reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 51. 8 SENATOR FUSCHILLO: I now move 9 that Assembly Bill Number 75 be committed to 10 the Committee on Rules and that the Senate 11 bill be restored to the order of Third Reading 12 Calendar. 13 THE PRESIDENT: So ordered. 14 SENATOR FUSCHILLO: I now offer 15 the following amendments. 16 THE PRESIDENT: The amendments 17 are received. 18 SENATOR FUSCHILLO: Madam 19 President, on behalf of Senator LaValle, I 20 wish to call up Senate Print Number 559A, 21 recalled from the Assembly, which is now at 22 the desk. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 58, by Senator LaValle, Senate Print 559A, an 2 act to amend the Education Law. 3 SENATOR FUSCHILLO: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 THE PRESIDENT: The Secretary 7 will call the roll upon reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 51. 10 SENATOR FUSCHILLO: I now offer 11 the following amendments. 12 THE PRESIDENT: The amendments 13 are received. 14 SENATOR FUSCHILLO: Madam 15 President, on behalf of Senator Maziarz, on 16 page number 50 I offer the following 17 amendments to Calendar Number 1222, Senate 18 Print Number 4476, and ask that said bill 19 retain its place on Third Reading Calendar. 20 THE PRESIDENT: The amendments 21 are received, and the bill will retain its 22 place on the Third Reading Calendar. 23 Senator Marcellino. 24 SENATOR MARCELLINO: Madam 25 President, can we stand at ease awaiting the

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(518) 371-8910 1 return of the Rules Committee. 2 THE PRESIDENT: The Senate stands 3 at ease. 4 (Whereupon, the Senate stood at 5 ease at 3:22 p.m.) 6 (Whereupon, the Senate reconvened 7 at 3:26 p.m.) 8 THE PRESIDENT: Senator Skelos. 9 SENATOR SKELOS: Madam President, 10 if we could return to reports of standing 11 committees, I believe there's a report of the 12 Rules Committee at the desk. I ask that it be 13 read. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: Senator Bruno, 17 from the Committee on Rules, reports the 18 following bills: 19 Senate Print 543A, by Senator 20 Nozzolio, an act to amend the Correction Law; 21 1044, by Senator Padavan, an act to 22 amend the Vehicle and Traffic Law; 23 1076A, by Senator Nozzolio, an act 24 to amend Chapter 219 of the Laws of 2002; 25 2464, by Senator Johnson, an act to

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(518) 371-8910 1 amend the Vehicle and Traffic Law; 2 2483, by Senator Winner, an act to 3 amend the Tax Law; 4 2494, by Senator Volker, an act to 5 amend the Civil Service Law; 6 2893B, by Senator Spano, an act to 7 amend the State Finance Law; 8 3654A, by Senator Farley, an act 9 authorizing; 10 3660, by Senator Spano, an act to 11 amend the Executive Law; 12 4000, by Senator Johnson, an act to 13 amend the Correction Law; 14 4034, by Senator Wright, an act to 15 amend the Public Authorities Law; 16 4065, by Senator Valesky, an act to 17 amend the Tax Law; 18 4148A, by Senator LaValle, an act 19 to amend the Environmental Conservation Law; 20 4239, by Senator Hannon, an act to 21 amend the Public Health Law; 22 4924A, by Senator Flanagan, an act 23 in relation to granting; 24 4968, by Senator Padavan, an act to 25 amend the Retirement and Social Security Law;

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(518) 371-8910 1 5258, by the Senate Committee on 2 Rules, an act to amend the Tax Law; 3 5282, by Senator Wright, an act to 4 amend the Civil Practice Law and Rules and 5 others; 6 5341, by Senator Valesky, an act to 7 amend the Tax Law; 8 5388, by the Senate Committee on 9 Rules, an act to amend the Tax Law; 10 5497, by Senator Marchi, an act to 11 authorize; 12 5503, by Senator Maziarz, an act to 13 amend the Parks, Recreation and Historic 14 Preservation Law; 15 5506, by Senator Young, an act to 16 amend the Tax Law; 17 5519, by the Senate Committee on 18 Rules, an act to amend the Tax Law; 19 5526, by Senator Meier, an act to 20 legalize, validate, ratify and confirm; 21 5535, by Senator Young, an act to 22 amend the Agriculture and Markets Law; 23 5536, by Senator Young, an act to 24 amend the Agriculture and Markets Law; 25 5545, by the Senate Committee on

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(518) 371-8910 1 Rules, an act to amend the Tax Law; 2 5552, by Senator Winner, an act to 3 amend the Tax Law; 4 5562, by the Senate Committee on 5 Rules, an act to amend the Tax Law; 6 5592, by Senator Bonacic, an act to 7 amend the Flood Assessment Relief Act of 2005; 8 5623, by the Senate Committee on 9 Rules, an act to amend the Social Services 10 Law; 11 And Senate Print 5657, by Senator 12 Golden, an act to amend the Retirement and 13 Social Security Law. 14 All bills ordered direct to third 15 reading. 16 THE PRESIDENT: Senator Libous. 17 SENATOR LIBOUS: I move to accept 18 the report of the Rules Committee. 19 THE PRESIDENT: All in favor of 20 accepting the Rules Committee report please 21 signify by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Opposed, nay. 24 (No response.) 25 THE PRESIDENT: The Rules report

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(518) 371-8910 1 is accepted. 2 Senator Libous. 3 SENATOR LIBOUS: Madam President, 4 could we have the noncontroversial reading of 5 the calendar, please. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Calendar Number 9 10, by Senator Sampson, Senate Print 84, an 10 act to amend the Penal Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 226, by Senator Rath, Senate Print 2636A, an 22 act to adjust certain state aid payments. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 341, by Senator Spano, Senate Print 2898, an 9 act to amend the Penal Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the first of 14 November. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 390, by Senator Maziarz, Senate Print -- 22 SENATOR SCHNEIDERMAN: Lay it 23 aside. 24 THE PRESIDENT: The bill is laid 25 aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 417, by Senator Spano, Senate Print 2975A, an 3 act to amend the Executive Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. Nays, 12 1. Senator Duane recorded in the negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 433, by Senator Meier, Senate Print 3318A, an 17 act in relation to adjusting. 18 THE PRESIDENT: There is a local 19 fiscal impact note 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, 57.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 516, by Senator Farley, Senate Print 3432A, an 5 act to amend the Tax Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 525, by Senator Balboni, Senate Print 2579A, 17 an act to authorize the Village of Floral 18 Park. 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, 56. Nays,

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(518) 371-8910 1 1. Senator Bonacic recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 548, by Senator LaValle, Senate Print 3744, an 6 act to amend Chapter 610 of the Laws of 2004. 7 THE PRESIDENT: There is a local 8 fiscal impact note at the desk. 9 Read the last 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, 57. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 592, by Senator DeFrancisco, Senate Print 48B, 19 an act to amend the Real Property Law and the 20 Real Property Actions and Proceedings Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 90th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 631, by Senator DeFrancisco, Senate Print 7 4170A, an act to amend the Penal Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 9. 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 18 638, by Senator LaValle, Senate Print 3149, an 19 act to amend the Vehicle and Traffic Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 90th day. 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 5 661, by Senator Larkin, Senate Print 2353, an 6 act to amend the Real Property Tax Law. 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 17 662, by Senator Little, Senate Print 3309, an 18 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 4 715, by Senator Nozzolio, Senate Print 1272, 5 an act to amend the Criminal Procedure Law and 6 the General Municipal Law. 7 SENATOR SCHNEIDERMAN: Lay it 8 aside. 9 THE PRESIDENT: The bill is laid 10 aside. 11 THE SECRETARY: Calendar Number 12 806, by Senator Libous, Senate Print 2497, an 13 act to amend the Religious Corporations 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, 58. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 812, by Senator Bonacic, Senate Print 4325, an 25 act to amend Chapter 915 of the Laws of 1982

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(518) 371-8910 1 amending the Public Authorities 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, 58. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 857, by Senator Seward, Senate Print 4417, an 13 act to amend the Insurance Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 865, by Senator DeFrancisco, Senate Print 25 4847A, an act to amend Chapter 231 of the Laws

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(518) 371-8910 1 of 1998 amending the Real Property Actions and 2 Proceedings Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 876, by Member of the Assembly Eddington, 14 Assembly Print Number 81 -- 15 SENATOR LIBOUS: Lay it aside for 16 the day. 17 THE PRESIDENT: The bill is laid 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 877, by Senator DeFrancisco, Senate Print 21 4341, an act to amend the Public Health Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. Nays, 4 1. Senator Valesky recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 878, by Senator Winner, Senate Print 4521, an 9 act to amend the Public Health Law. 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, 57. Nays, 17 1. Senator Valesky recorded in the negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 879, by the Assembly Committee on Rules, 22 Assembly Print Number 8118, an act to amend 23 the Public Health 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, 57. Nays, 6 1. Senator Valesky recorded in the negative. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 886, by Senator Flanagan, Senate Print 3841, 11 an act to amend the Penal Law. 12 SENATOR MONTGOMERY: Lay it 13 aside. 14 THE PRESIDENT: The bill is laid 15 aside. 16 THE SECRETARY: Calendar Number 17 905, by Senator M. Smith, Senate Print 4952A, 18 an act to amend the Penal Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. Nays, 2 1. Senator Duane recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 940, by Member of the Assembly Gantt, Assembly 7 Print Number 6424, an act to amend Chapter 83 8 of the Laws of 2002, amending the Real 9 Property Tax Law. 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 20 984, by Senator Seward, Senate Print 4669, an 21 act to amend the Public Health Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 999, by Senator Golden, Senate Print 3497, an 8 act to amend the State Finance 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 PRESIDENT: Senator 16 Schneiderman, to explain your vote. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Madam President. 19 I am supporting this legislation, 20 but by the very modest nature of its 21 provisions it really calls attention to the 22 fact that we have a lot more work to do in 23 dealing with the state's Medicaid costs, the 24 costs to local governments, which are really 25 not addressed by this legislation at all.

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(518) 371-8910 1 And while it is a modest step 2 forward to have a report and get some 3 information centralized relating to the costs 4 of the Medicaid program, this is something 5 that from the State of the State going forward 6 this year was touted as an issue we were going 7 to address. And I'm sorry to say that with 8 seven days left, it appears that we are not 9 going to address it. 10 I'm happy we're going to start 11 gathering some information, but there is a lot 12 more work to do in this area. And I hope that 13 we will begin to address it, if not this year, 14 certainly at the beginning of the coming 15 session. 16 Thank you. I'll be voting yes. 17 THE PRESIDENT: You will be so 18 recorded as voting in the affirmative. 19 Senator Meier. 20 SENATOR MEIER: Thank you, Madam 21 President. I rise to explain my vote. 22 I'm going to vote in the 23 affirmative on this. This is in keeping with 24 the Senate's efforts to reform Medicaid. This 25 is a continuation of that effort. This is in

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(518) 371-8910 1 keeping with Senator Skelos's bill with regard 2 to Medicaid fraud, some of the 3 cost-containment measures that we worked on 4 with the Governor and others in this year's 5 budget. 6 And I live in eternal hope that 7 even Senator Schneiderman might vote yes the 8 next time we put a comprehensive Medicaid 9 reform bill on the floor. 10 I vote aye. 11 THE PRESIDENT: You will be so 12 recorded as voting in the affirmative, Senator 13 Meier. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1033, by Senator Spano, Senate Print 5115A, an 21 act to amend the Penal Law. 22 SENATOR SABINI: Lay it aside, 23 please. 24 THE PRESIDENT: The bill is laid 25 aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1086, by Senator Fuschillo, Senate Print 3 3425B, an act to amend the Education Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 8. This 7 act shall take effect on the first of July. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1112, by Senator Seward, Senate Print 4650, an 15 act creating. 16 THE PRESIDENT: There is a 17 home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 16. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1168, by Senator Meier, Senate Print 2507A, an 3 act to amend the Family Court Act. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1189, by Member of the Assembly Gottfried, 15 Assembly Print Number 7695, an act to amend 16 Chapter 725 of the Laws of 1989. 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, 58. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1273, by Senator Saland, Senate Print 5416, an 3 act to amend the Education Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 29. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: Senator Saland, 11 to explain your vote. 12 SENATOR SALAND: Yes, Madam 13 President. 14 Madam President, this bill 15 represents the end product of some nearly two 16 years' worth of negotiations with the 17 Education Department and is the result of a 18 requirement that this Legislature in 2002 19 imposed on the Education Department to, in 20 effect, provide a report on the number of 21 mandates that were imposed upon school 22 districts. 23 The Ed Department complied; they 24 provided us that report by the summer of '03 25 as directed. It categorized federal, state

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(518) 371-8910 1 and regulatory requirements. This box that's 2 sitting on my desk represents the number of 3 reports that are currently required to be 4 completed. 5 As a result of this legislation, 6 which hopefully we'll be able to successfully 7 negotiate to completion before the end of this 8 session, there will be a dramatic reduction in 9 the paperwork requirements imposed upon all of 10 our school districts -- large, small, any part 11 of the state. 12 It's been extremely well received 13 and strongly supported. And let me just read 14 from the School Boards Association memo in 15 support in which they say: "While it may be 16 impossible to quantify the cost reductions 17 that would result from these efficiencies at 18 this time, the savings in staff time, printing 19 and mailing at the state and local levels for 20 preparing and reviewing these documents will 21 certainly be significant." 22 Thank you, Madam President. I 23 certainly vote in support of this. I commend 24 my colleagues for having had the foresight to 25 impose this requirement upon the Department of

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(518) 371-8910 1 Education. And this is one of those occasions 2 where a report which we have received 3 certainly has served us well. 4 THE PRESIDENT: You will be so 5 recorded as voting in the affirmative, Senator 6 Saland, on this bill. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Ayes, 59. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1306, by Senator Farley, Senate Print 4039, an 14 act to amend the Banking Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 60th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1376, by Senator Spano, Senate Print 5355, an

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(518) 371-8910 1 act to amend -- 2 SENATOR MONTGOMERY: Lay it 3 aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 1402, by Senator Johnson, Senate Print 5395, 8 an act to amend the Tax 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, 58. Nays, 16 1. Senator LaValle recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1403, by Senator Flanagan, Senate Print 5505A, 21 an act to amend the Election Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1404, by Senator Trunzo, Senate Print 431A, an 8 act to amend the Executive Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on the 60th day. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1430, by Senator Padavan, Senate Print 3339, 20 an act to amend the Retirement and Social 21 Security Law. 22 THE PRESIDENT: There is a 23 home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1432, by Senator Larkin, Senate Print 3981, an 9 act to authorize the transfer of service 10 credit. 11 THE PRESIDENT: There is a 12 home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1434, by Senator Skelos, Senate Print 4169, an 23 act to amend the Tax Law. 24 SENATOR SCHNEIDERMAN: Lay it 25 aside.

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(518) 371-8910 1 THE PRESIDENT: The bill is laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1435, by Senator Hannon, Senate Print 4236, an 5 act to amend the Criminal Procedure Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 6. This 9 act shall take effect on the first of 10 November. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. Nays, 14 1. Senator Duane recorded in the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1436, by Senator Leibell, Senate Print 4523, 19 an act to amend the Soil and Water 20 Conservation Districts 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, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1437, by Senator Flanagan, Senate Print 4896, 7 an act to amend the Public Officers Law. 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, 59. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1438, by Senator Johnson, Senate Print 4962A, 19 an act to amend the Tax Law. 20 THE PRESIDENT: There is a local 21 fiscal impact note at the desk. 22 Read the last section. 23 THE SECRETARY: Section 4. 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, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1439, by Senator Alesi, Senate Print 5023, an 7 act to amend the Retirement and Social 8 Security 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, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1441, by Senator Nozzolio, Senate Print 5196, 20 an act to amend the Executive Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 4. 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, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1443, by Senator Johnson, Senate Print 5252, 7 an act to amend the Tax Law. 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, 59. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1445, substituted earlier today by Member of 19 the Assembly Nolan, Assembly Print Number 20 1201, an act to amend the Workers' 21 Compensation Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1446, by Senator Maltese, Senate Print 5463, 8 an act to amend the Labor Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 8. This 12 act shall take effect on the 120th day. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1449, substituted earlier today by Member of 20 the Assembly Seddio, Assembly Print Number 21 4320, an act to amend the New York City Civil 22 Court Act and others. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1452, by Senator Volker, Senate Print 5539, an 9 act to amend the Criminal Procedure Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1486, by Senator Golden, Senate Print 5657, an 21 act to amend the Retirement and Social 22 Security Law and the Administrative Code of 23 the City of New York. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 14. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 THE PRESIDENT: The bill is 7 passed. 8 Senator Libous, that completes the 9 noncontroversial reading of the calendar. 10 SENATOR LIBOUS: Madam President, 11 could we do the controversial calendar now, 12 please. 13 THE PRESIDENT: The Secretary 14 will ring the bell, and members should return 15 to their seats. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 390, by Senator Maziarz, Senate Print 1984A, 19 an act to amend the Economic Development Law. 20 SENATOR SCHNEIDERMAN: 21 Explanation. 22 THE PRESIDENT: Senator Maziarz, 23 an explanation has been requested. 24 SENATOR SCHNEIDERMAN: A brief 25 explanation.

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(518) 371-8910 1 SENATOR MAZIARZ: Thank you, 2 Madam President. 3 This bill amends the Economic 4 Development Law to create the Empire State 5 Golf Trails program. Just, I think, last week 6 or the week before that, we created the Empire 7 State Brewery Trails program, which was voted 8 upon unanimously. 9 This is an economic development 10 tool to increase tourism in New York. Golf is 11 a very popular sport. A recent study by the 12 National Golf Foundation found that in our 13 neighboring Pennsylvania, golf generates 14 $1.1 billion in direct economic benefit and 15 $2.3 billion in direct and indirect benefits 16 from tourists, from people who like to play 17 golf. 18 I know that a study was done in 19 relationship to the "Fast Ferry" between the 20 city of Rochester and Toronto, and the 21 marketing firm found that one of the things 22 that the Ontario market desired most about 23 coming to New York State was the multiple golf 24 courses and the range of prices that we have. 25 Thank you, Madam President.

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(518) 371-8910 1 THE PRESIDENT: Senator Sabini. 2 SENATOR SABINI: Madam President, 3 would the sponsor yield for a few questions. 4 THE PRESIDENT: Senator Maziarz, 5 will you yield for a question? 6 SENATOR MAZIARZ: Yes, Madam 7 President. 8 THE PRESIDENT: You may proceed 9 with a question. 10 SENATOR SABINI: Madam President, 11 through you, I was just wondering if the 12 sponsor had an idea of how much the costs will 13 be -- I know there will be some economic 14 benefit, but how much the costs of this 15 program would be to the taxpayers of this 16 state. 17 SENATOR MAZIARZ: It would be 18 done through the Empire State Economic 19 Development Department, Senator, through the 20 "I Love New York" program, with the current 21 staff. I don't think there'd be an additional 22 cost. 23 If it would, Senator, it would be 24 minimal. Probably equal to what the cost 25 would be for the Empire State Brewery Trails

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(518) 371-8910 1 program. 2 SENATOR SABINI: Madam President, 3 if the sponsor would continue to yield. 4 SENATOR MAZIARZ: Yes, Madam 5 President. 6 THE PRESIDENT: Senator Maziarz 7 does yield. 8 You may proceed, Senator. 9 SENATOR SABINI: While there's 10 similarity with the brewery trails bill and 11 this bill, and certainly breweries and golf 12 courses are two places I'm familiar with, I 13 was wondering, since I believe this bill had 14 an earlier version, is this -- did we pass a 15 bill of this sort before under golf trails? 16 Or is this the first go-round on this? 17 SENATOR MAZIARZ: No, I don't 18 believe there's a version at least similar to 19 this that was passed already, Senator. 20 SENATOR SABINI: It was my 21 recollection that the brewery trails bill was 22 supported by and in fact initiated by 23 New York's brewers, whereas the golf trails 24 bill is opposed by the New York Golf Course 25 Owners Association, on the grounds that they

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(518) 371-8910 1 feel they already do sufficient publicity and 2 tour packaging for their courses and don't 3 need government intervention to market their 4 courses, they can do it quite well on their 5 own. 6 Madam President, on the bill. 7 THE PRESIDENT: You may proceed 8 on the bill. 9 SENATOR SABINI: Through you, 10 Madam President, you know, this bill seems 11 rather innocuous, as a lot of the bills we do 12 pass. But there is a cost to people, both a 13 net cost to taxpayers and also a hidden cost. 14 And that is that in the bill, in the sponsor's 15 memorandum it talks about how the State 16 Department of Economic Development would -- 17 the commissioner would be compelled to 18 contract with a travel vacation company for 19 the development of golf vacation packages. 20 And while, again, that sounds 21 innocuous enough, what happens in situations 22 like that, as we all know, is that in order to 23 do a contract there is a procurement process, 24 the procurement process involves lobbying. 25 And we are here, seven days left in the

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(518) 371-8910 1 session, without an opportunity to vote on a 2 bill that would deal with just that. So here 3 we have a bill that's going to cause a whole 4 'nother procurement process. 5 And yet we do this over and over 6 without thinking of how it affects the 7 taxpayers, who gets access to these contracts, 8 who will wind up getting favorable review from 9 the commissioner, frankly, even how the 10 commissioner reviews under what we have right 11 now, which is a very, very minimal structure 12 for procurement processes. 13 So I will support the bill in the 14 sense that we probably could use something 15 like this, but this is not a bill that came 16 out of the industry. It's not a bill that 17 frankly has enough review, and allows our 18 procurement process to continue to run wild. 19 And I hope before we go home from 20 our session next week that this house deals 21 with a true procurement process reform package 22 that will allow the taxpayers to have some 23 confidence that when we do something like 24 this, that it's not done to facilitate 25 lobbying under the cover of darkness, like we

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(518) 371-8910 1 have now. 2 Thank you, Madam President. 3 THE PRESIDENT: Does any other 4 member wish to be heard on this bill? 5 Then the debate is closed. 6 The Secretary will ring the bell. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: In relation to 13 Calendar Number 390, ayes, 61. 14 Absent from voting: Senator 15 Andrews. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 715, by Senator Nozzolio, Senate Print 1272, 20 an act to amend the Criminal Procedure Law and 21 the General Municipal Law. 22 SENATOR SCHNEIDERMAN: 23 Explanation. 24 THE PRESIDENT: Senator Nozzolio, 25 an explanation has been requested.

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(518) 371-8910 1 SENATOR NOZZOLIO: Thank you, 2 Madam President. 3 This measure requires that 4 employers, when background checks are being 5 administered, undertaken by law enforcement 6 officials, that former employers are to 7 provide information relevant to the background 8 that the investigators are checking. 9 We want to amend, through this 10 measure, the Criminal Procedure Law, the 11 General Municipal Law regarding background 12 checks for law enforcement officials -- 13 security officers and police officers. 14 THE PRESIDENT: Senator 15 Schneiderman. 16 SENATOR SCHNEIDERMAN: Thank you, 17 Madam President. If the sponsor would yield 18 for a few brief questions. 19 SENATOR NOZZOLIO: Yes, Madam 20 President. 21 THE PRESIDENT: Senator Nozzolio 22 does yield. 23 You may proceed. 24 SENATOR NOZZOLIO: Yes, Madam 25 President.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Thank you. 2 I think that, first of all, the 3 effort to encourage background checks I 4 certainly think is something that I support, 5 and I commend the sponsor for trying to 6 advance legislation in this area. 7 My concern really is in the section 8 of this legislation that relates to potential 9 liability of employers for -- by virtue of 10 releasing employment information. 11 And I'd like to ask, in this 12 provision, which states "in the absence of 13 fraud or malice, no employer shall be subject 14 to any civil liability," does that mean that 15 if an employer negligently sent the wrong 16 person's records out -- yes, I agree with the 17 sponsor. Thank you. 18 Does that mean, this provision mean 19 that if an employer negligently sends the 20 wrong person's records out and then someone 21 doesn't get hired because the records of a 22 different background check were provided, that 23 they wouldn't be subject to liability unless 24 it was an intentional malicious effort on the 25 part of that employer?

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(518) 371-8910 1 SENATOR NOZZOLIO: Madam 2 President, the Senator's question I think can 3 be answered simply, that the problem in 4 procuring information that's so relevant to 5 the character and fitness of security officers 6 and police officers has to have additional 7 safeguards and additional qualification. 8 Because what's happening right now 9 is that as these background checks are taking 10 place, employers are fearful of liability and, 11 as with most personnel matters, only the very 12 bare-bones information is being provided to 13 subsequent employers. 14 What we are trying to do with this 15 measure is to give protections to employers 16 for the sole purpose of providing information 17 relative to background information for 18 security personnel. That this liability 19 question that the Senator raises I think is 20 dealt with in this measure. 21 To answer his specific question, 22 they'd be under no more liability than they 23 would be if it was for any other check. I 24 don't believe that this measure changes that 25 liability of the particular employer.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Thank you, 2 Madam President. Thank the sponsor. 3 On the bill. 4 THE PRESIDENT: You may proceed 5 on the bill, Senator. 6 SENATOR SCHNEIDERMAN: I think we 7 are into an area that unfortunately, given 8 that the problems of our time is increasingly 9 important, we do have to have background 10 checks, we do have to have access to 11 employment records. 12 But I would respectfully suggest 13 that the standards set forth in this bill is 14 really extraordinary. Even other bills that 15 attempt to exempt people from some forms of 16 liability that we see come through this house 17 from time to time, I don't recall one that 18 restricts liability to cases of fraud or 19 malice. 20 This legislation really sets the 21 bar too low. We want to make sure that 22 employment records are made available for 23 background checks. We can require that by 24 law. But we want to make sure also that the 25 employer releasing those records does so in a

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(518) 371-8910 1 careful, accurate way. The potential for 2 damage to people through the negligent 3 releasing of wrongful information is 4 tremendous. 5 I mean, it would be grossly unfair 6 for someone not to get a job because the wrong 7 personnel records were provided. It would be 8 grossly unfair and dangerous if there was an 9 employee who had a series of problems and the 10 wrong record was sent and the background check 11 was cleared and this person turned out to be 12 someone incredibly dangerous. 13 They would be exempt from 14 liability, the employer who sent the wrong 15 records would be exempt. You could be doing a 16 background check for someone performing vital 17 security services and if the employer says, 18 "Oh, I'm going to send the background records 19 of the choirboy who was sitting next to the 20 recidivist felon who we fired," there's no 21 liability. 22 So I would suggest that even those 23 who are concerned about making sure we have 24 access to employment records should not 25 attempt to pass a bill that imposes this sort

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(518) 371-8910 1 of a standard. This is about getting accurate 2 information for prospective police officers, 3 for security guards, for people who could 4 provide vital services that we all -- and we 5 want those people to have effective background 6 checks done. 7 I suggest that this bill gives with 8 the first half, and it opens the door to 9 background checks, and then it takes away with 10 the second half, because it closes the door to 11 any need for accuracy in the release of 12 employment records. 13 I strongly suggest that we change 14 that provision so that we can come together 15 around a bill that would solve this very, very 16 serious problem. As drafted now, there is no 17 doubt that this would create a situation where 18 without any fear of liability, without any 19 fear that there's any punishment for 20 proceeding in the most negligent possible way, 21 there's no incentive for employers to ensure 22 that they accurately provide records. 23 So I'm going to vote no, Madam 24 President, and encourage everyone to do 25 likewise.

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(518) 371-8910 1 THE PRESIDENT: Does any other 2 member wish to be heard? 3 Then the debate is closed. 4 The Secretary will ring the bell. 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 120th day. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: Senator 11 DeFrancisco, to explain your vote. 12 SENATOR DeFRANCISCO: Yes, I'm 13 going to vote no on this. 14 Obviously, we want to encourage 15 people to have background checks. But on the 16 other hand, if the only way that someone's 17 liable is if it's malice or fraud, I really 18 question the accuracy. 19 On the one hand, people look at 20 that as a protection to the employer, so that 21 they won't get sued needlessly. But on the 22 other hand, if you flip it around, how 23 accurate will the information be if someone 24 can willy-nilly provide records without any 25 accountability to the law enforcement

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(518) 371-8910 1 officials or to those who are doing the 2 background checks? There's really no 3 incentive in order to get accurate information 4 out. 5 And I think you can have a higher 6 standard than negligence, but when you get to 7 fraud and malice, really, that lets anybody 8 giving information carte blanche as to what 9 they want to give, which is not going to 10 provide accurate information, which is 11 definitely needed in this situation. 12 For those reasons, I'm voting no. 13 THE PRESIDENT: Senator 14 DeFrancisco, you will be recorded as voting in 15 the negative on this bill. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 715 are 20 Senators Brown, Connor, DeFrancisco, Dilan, 21 Duane, Gonzalez, Hassell-Thompson, Klein, 22 L. Krueger, C. Kruger, Marchi, Montgomery, 23 Onorato, Parker, Paterson, Sabini, Sampson, 24 Savino, Schneiderman, Serrano, A. Smith, 25 M. Smith, Stachowski and Stavisky.

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(518) 371-8910 1 Ayes, 37. Nays, 24. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Excuse me. Also 5 absent from voting on Calendar Number 715: 6 Senator Andrews. 7 THE PRESIDENT: The bill is still 8 passed. 9 THE SECRETARY: Calendar Number 10 886, by Senator Flanagan, Senate Print 3841, 11 an act to amend the Penal Law. 12 SENATOR MONTGOMERY: Explanation. 13 THE PRESIDENT: Senator Flanagan, 14 an explanation has been requested. 15 SENATOR FLANAGAN: Thank you, 16 Madam President. 17 In 2000, when we did the Sexual 18 Assault Reform Act, we made some changes in 19 the law, one of which was to expand the crimes 20 of rape and sodomy in the first degree to 21 include victims who were under the age of 13. 22 The law had previously been 11 [sic], so now 23 we were including 11- and 12-year-olds. 24 This bill makes a conforming change 25 to what we believe was an oversight to change

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(518) 371-8910 1 the crimes of sexual abuse in the first, 2 second, and third degree, to move them from 3 misdemeanors to felonies. 4 And this bill is strongly supported 5 by Parents for Megan's Law. 6 THE PRESIDENT: Senator 7 Montgomery. 8 SENATOR MONTGOMERY: Yes, Madam 9 President, I want to just make comment on this 10 legislation. 11 THE PRESIDENT: You may proceed 12 on the bill, Senator. 13 SENATOR MONTGOMERY: I have in my 14 notes here, from the introducer's memorandum 15 in support, that we're adding a new provision 16 to aggravated sexual abuse in the second 17 degree to provide that a person is guilty of 18 the crime when he inserts a finger in the 19 vagina, urethra, and et cetera. 20 Now, I don't -- I thought that we 21 had passed the omnibus sex reform act last 22 week, and we tried to do everything in that 23 bill and include everyone and everything. And 24 yet we come back today with additional sex 25 abuse bills. I don't know what the obsession

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(518) 371-8910 1 is that we have with sex, but now we have 2 another one, with nasty language in it to 3 boot. 4 And we also have one on the 5 calendar where if someone is groped in a 6 subway, or groping in a subway -- it's the 7 groping bill, I call it -- it's a Class E 8 felony. And it goes on and on. 9 There's another sex bill on our -- 10 on our -- there's probably others that I 11 didn't find. But there's another one; Senator 12 Spano has one. 13 So we have all of these sex offense 14 legislation, which certainly we all have 15 serious problems with people who are guilty of 16 sex abuse. But it seems to me, Madam 17 President, that we are obsessed with it in 18 this house, and I can't figure it out. 19 I will be voting no on this 20 legislation, as I have voted in the past on 21 other measures that I thought went way too far 22 in capturing young, young children, teenagers. 23 And I would be willing to make a 24 prediction that long when I'm gone, and many 25 of us in here may be gone as well, this

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(518) 371-8910 1 Legislature will be back here trying to do 2 some sex abuse reform because we'll have so 3 many young men, in particular, who will have 4 gotten caught up in this legislation that we 5 are attempting to pass, and they will be stuck 6 in a registry for the rest of their lives 7 vis-a-vis legislation that has passed here 8 with us. 9 So I'm voting no on this, because I 10 don't think we require to do one more thing. 11 I would have voted no on Calendar Number 10 if 12 I had not been in a meeting in another place 13 in the building. And I will vote no on these 14 bills, because I think that we have enough. 15 The Congressional Black Caucus is 16 holding sessions across the country on what is 17 happening to black males. They are trying to 18 figure out -- now they are looking around to 19 see that we have in some places 60 percent of 20 the population of black men are incarcerated 21 in some states when they're only 6 percent of 22 the total population. 23 And we are moving in that direction 24 in the State of New York. We have almost the 25 same statistics. We have a conference coming

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(518) 371-8910 1 up on Saturday in New York City talking about 2 this issue. 3 So, my colleagues, while it doesn't 4 seem like it makes any difference, I'm telling 5 you it makes a difference to black men in this 6 country, these bills that target a certain 7 kind of crime and escalates it from a 8 misdemeanor, A, to a felony, E, and then it 9 goes up from there. 10 And all of these people now are 11 coming out of prison, can't get work. Why? 12 Because they have these felony convictions, 13 many of them, even though they've served their 14 time and whatever else. 15 So we need to be careful about 16 this. This process is beginning to erode 17 certain sectors of this America society. And 18 I feel very strong about it. We cannot 19 continue to talk about the problem on one end 20 and participate in being the source of the 21 problem on the other end. 22 So I'm voting no, Madam President, 23 and I hope that my colleagues will begin to 24 consider the implications of even making a 25 statement about all of this penal system as

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(518) 371-8910 1 the answer to all of the issues. Every time 2 there is a new issue or a new problem or a new 3 experience, we run to the books to make a law 4 to further incarcerate another group. 5 I think this is the wrong way to 6 go, and I'm voting no. 7 Thank you. 8 THE PRESIDENT: Senator Flanagan. 9 SENATOR FLANAGAN: Thank you, 10 Madam President. On the bill. 11 THE PRESIDENT: You may proceed 12 on the bill. 13 SENATOR FLANAGAN: Let me make it 14 clear what this bill is about. It's not about 15 a group, it's not about any one sector of our 16 society, anyone who lives in one community 17 versus another. 18 This bill is about protecting 19 children. It's not about singling anybody 20 out, unless you're going to talk about 21 protecting children. 22 And this is not radical, ladies and 23 gentlemen. This is the Sexual Assault Reform 24 Act of 2000. We heightened the penalties for 25 strict liability crimes of rape and sodomy.

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(518) 371-8910 1 We're not talking about casual events here; 2 we're talking about rape and sodomy. We're 3 taking aggravated sexual assault in the first, 4 second, and third degree and we're moving them 5 up to a felony. 6 I appreciate and I respect Senator 7 Montgomery's comments. I completely disagree 8 with them. 9 Now, you want to pass the omnibus 10 sexual offenders bill? I voted for that. The 11 Assembly passes it, I'll pull this bill right 12 now. But since it's almost been made clear -- 13 or it's been made clear that they have no 14 intention of doing that, we have to take some 15 baby steps along the way. 16 I think this is an important bill 17 about protecting children. The issues you 18 raise may or may not be legitimate, but I 19 think they should be dealt with in a separate 20 forum. We're talking about conforming a law 21 for what I consider to be, and I think many of 22 our colleagues consider to be, very serious 23 offenses against children. 24 And maybe I'm unique, but I don't 25 think so. Eleven- and 12-year-olds, I still

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(518) 371-8910 1 consider them kids. And when these type of 2 assaults are occurring against children by 3 people who are 18 years or older, that's a 4 problem. 5 And I think it's a problem, and 6 many others think it's a problem. This bill 7 passed 59 to 1 last year. I'm hoping that the 8 Assembly will act. 9 But this is about protecting 10 children. It's not about going after anybody 11 else. 12 THE PRESIDENT: Does any other 13 member wish to be heard? 14 Then the debate is closed. 15 The Secretary will ring the bell. 16 Read the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect on the first of 19 November. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Senator Saland, 23 to explain your vote. 24 SENATOR SALAND: Thank you, Madam 25 President.

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(518) 371-8910 1 Madam President, I heard the debate 2 that ensued between Senator Montgomery and 3 Senator Flanagan. And what I would like to 4 add, to the extent that I can, is my 5 commendation to Senator Flanagan. I am 6 pleased to join him as one of the cosponsors 7 of this legislation. 8 This is not about the demographics 9 of any particular crime. If it befalls this 10 house, and in fact this Majority, the task of 11 having to try and deal with the issue of abuse 12 of children, sexual abuse of children, then we 13 have attempted in so many different ways to 14 accomplish that. And Senator Flanagan has 15 ably pointed out why we're forced to resort to 16 smaller measures instead of a more 17 comprehensive measure. 18 First and foremost, our obligation 19 is to public safety. And among the most 20 vulnerable, those least capable of protecting 21 themselves are children. And, to the extent 22 that we want to make a statement, that it's 23 totally beyond the appeal of anything that you 24 can find socially justifiable, redeemable -- 25 contrary to any policy that you could possibly

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(518) 371-8910 1 adhere to. 2 What this bill says if somebody 3 abuses a child in the fashion that has been 4 alluded to during the course of this debate, 5 and that person is less than 12 years old and 6 the actor is 18 years or older, they're going 7 to get a stepped-up penalty. Now, what could 8 possibly be inappropriate about that? 9 It has absolutely nothing to do 10 with demographics. I don't even know if 11 there's a repository anywhere with the 12 information that would define who these 13 people -- who are some of the sickest, most 14 bizarre, pedophilic, distorted, disgusting 15 people -- might be. Maybe you'll find it 16 somewhere in the U.S. Justice Department. 17 But certainly there is nothing 18 about this issue that smacks of race and 19 ethnicity. It's all about protecting 20 children, young, unprotected children. 21 I cast my vote in the affirmative. 22 THE PRESIDENT: Senator Saland, 23 you will be recorded as voting in the 24 affirmative on this bill. 25 The Secretary will announce the

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(518) 371-8910 1 results. 2 THE SECRETARY: Ayes, 61. Nays, 3 1. Senator Montgomery recorded in the 4 negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1033, by Senator Spano, Senate Print 5115A, an 9 act to amend the Penal Law. 10 SENATOR SABINI: Explanation. 11 THE PRESIDENT: Senator Spano, an 12 explanation has been requested. 13 SENATOR SPANO: This bill 14 establishes a Class A misdemeanor for 15 disruption of a sports contest. So, for 16 instance, if someone is trying to throw 17 something onto the field that could cause 18 injury to a fan, if they're unhappy with the 19 game, decide to throw their beer at the 20 pitcher, they would be -- could be held liable 21 for a Class A misdemeanor. 22 THE PRESIDENT: Senator Sabini. 23 SENATOR SABINI: Madam President, 24 if the sponsor would yield for a question or 25 two.

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(518) 371-8910 1 THE PRESIDENT: Senator Spano, 2 will you yield? 3 SENATOR SPANO: Sure. 4 THE PRESIDENT: You may proceed, 5 Senator. 6 SENATOR SABINI: Through you, 7 Madam President, I noted with interest that 8 this is a similar bill to one Senator Skelos 9 has proposed in the last few years regarding 10 the disruption of sporting events by fans. 11 I'm wondering if, if the sponsor is 12 familiar with the other bill, you could 13 outline the differences. 14 SENATOR SPANO: Senator Skelos's 15 bill was making a felony, creating a felony 16 for an assault. This would be a misdemeanor 17 for disruption. 18 SENATOR SABINI: And if the 19 sponsor would yield for another question, 20 Madam President. 21 THE PRESIDENT: Senator Spano, do 22 you yield? 23 SENATOR SPANO: Yes. 24 THE PRESIDENT: You may proceed, 25 Senator.

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(518) 371-8910 1 SENATOR SABINI: Through you, 2 Madam President, I'm just wondering if a 3 disruption of a sporting event would -- we 4 witnessed a situation this year in the 5 National Basketball Association where members 6 of the Detroit Pistons and Indiana Pacers got 7 into a fight, and they went into the stands to 8 cause a disruption. 9 Would one of the players be liable 10 under this law? 11 SENATOR SPANO: No, they would 12 not. 13 SENATOR SABINI: If the sponsor 14 would further yield for another question. 15 THE PRESIDENT: Senator Spano, do 16 you yield? 17 SENATOR SPANO: Sure. 18 THE PRESIDENT: You may proceed, 19 Senator. 20 SENATOR SABINI: So by that 21 measure -- we witnessed, for example, New York 22 Yankee outfielder Gary Sheffield shoving a fan 23 at one point during this season. That 24 wouldn't be covered under this either? 25 SENATOR SPANO: No, that would

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(518) 371-8910 1 not. 2 There's -- that would be covered 3 under existing law, under the assault statutes 4 that exist today. 5 SENATOR SABINI: Madam President, 6 I don't want to prolong it. On the bill, if I 7 may. 8 THE PRESIDENT: You may proceed 9 on the bill, Senator. 10 SENATOR SABINI: I don't fault 11 the sponsor for proposing this. I just worry 12 that it creates, again, a second class 13 separating the players from the fans. 14 No one wants to see fans disrupting 15 sporting events. But over the years, in 16 recent years we've seen situation after 17 situation where the players get just as 18 involved with the fans as the fans with the 19 players. 20 And I think that we should be 21 amending these bills and the sponsor should be 22 amending these bills to ensure that both sides 23 are covered. I mentioned about the Pistons 24 and the Pacers. I mentioned about Gary 25 Sheffield.

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(518) 371-8910 1 I want to bring to my colleagues' 2 attention the fact that Frank Francisco, a 3 pitcher on the Texas Rangers during the year 4 2004, from his position in the bullpen, threw 5 a chair into the seats and assaulted a fan who 6 has now got a five-figure judgment from the 7 Texas Rangers and Major League Baseball. 8 I'm sure the sponsor shares my 9 outrage, as an American of Italian descent, 10 when Randall Simon assaulted the Italian 11 Sausage in Milwaukee on the field with a 12 baseball bat, in what was clearly a bias case 13 as well, in my opinion. 14 I just don't think we should be 15 just pinning all this on the fans. I think we 16 create a bit of a double standard. 17 I'm going to vote for the bill, but 18 I would ask, again, sponsors of these to take 19 into account that there are really two sides 20 of the fence in a baseball game and in a 21 sporting event. And very often our players, 22 even our own state's players, have been just 23 as guilty of going after fans as the fans have 24 of players. 25 I'll be voting in the affirmative

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(518) 371-8910 1 with those provisions. Thank you. 2 THE PRESIDENT: Does any other 3 member wish to be heard? 4 Then 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 first of 9 November. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1376, by Senator Spano, Senate Print 5355, an 17 act to amend the Penal Law. 18 THE PRESIDENT: Does any member 19 wish to be heard on this bill? 20 SENATOR MONTGOMERY: Explanation. 21 THE PRESIDENT: Senator Spano, an 22 explanation has been requested. 23 SENATOR SPANO: The Senate 24 Committee on Investigations had hearings and 25 issued a report entitled "Child Pornography:

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(518) 371-8910 1 Has the Internet Placed Our Children at Risk?" 2 So part of the report came out with 3 a series of recommendations. This bill is one 4 of those recommendations, that increases the 5 current penalties for sex offenses involving 6 children and also includes lifetime 7 registration for all felony sex offenses 8 including children. 9 THE PRESIDENT: Senator 10 Montgomery. 11 SENATOR MONTGOMERY: Thank you. 12 Yes, thank you, Madam President, 13 just briefly on the bill. 14 THE PRESIDENT: You may proceed 15 on the bill. 16 SENATOR MONTGOMERY: I have the 17 same position on this legislation as I did on 18 the other bill that I debated, and I will vote 19 no for the exact same reason. 20 Thank you. 21 THE PRESIDENT: Does any other 22 member wish to be heard? 23 Then the debate is closed. 24 The Secretary will ring the bell. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 33. This 2 act shall take effect on the first of 3 November. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1376 are 8 Senators Duane, Gonzalez, Montgomery and 9 Parker. 10 Ayes, 58. Nays, 4. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1434, by Senator Skelos, Senate Print 4169, an 15 act to amend the Tax Law. 16 SENATOR LIZ KRUEGER: 17 Explanation. 18 THE PRESIDENT: Senator Skelos, 19 an explanation has been requested. 20 SENATOR SKELOS: Thank you, Madam 21 President. 22 This legislation provides 23 commercial sports vessels with the same 24 exemption from the PBT, petroleum business 25 tax, and sales and compensating use taxes on

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(518) 371-8910 1 fuel that are currently extended to vessels 2 engaged in commercial fishing. 3 SENATOR LIZ KRUEGER: If the 4 sponsor would please yield. 5 THE PRESIDENT: Senator Skelos, 6 will you yield? 7 SENATOR SKELOS: Yes. 8 THE PRESIDENT: You may proceed, 9 Senator. 10 SENATOR LIZ KRUEGER: Through 11 you, Madam President, are there other sporting 12 activities that involve the use of petroleum 13 gas that we exempt from taxes? 14 SENATOR SKELOS: Are there other 15 what? 16 SENATOR LIZ KRUEGER: Sports 17 activities that involve petroleum gas that we 18 exempt from taxation. 19 SENATOR SKELOS: This is -- this 20 bill relates to sports fishing. 21 SENATOR LIZ KRUEGER: Madam 22 President, if through you the sponsor will 23 continue to yield. 24 THE PRESIDENT: Senator Skelos, 25 do you continue to yield?

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(518) 371-8910 1 SENATOR SKELOS: Yes, I will. 2 THE PRESIDENT: You may proceed, 3 Senator. 4 SENATOR LIZ KRUEGER: Thank you. 5 Is there an expectation that we 6 will increase sports fishing if we do away 7 with these petroleum taxes? 8 SENATOR SKELOS: Yes. 9 I have numerous letters here from 10 what they would call party boat fishermen, 11 charter boat fishermen whose business is 12 dramatically down, mainly because of certain 13 fishing regulations that are limiting the 14 amount of catch that they can obtain. 15 And one of the ways to help this 16 industry survive, especially charter fishing, 17 which is a huge industry throughout the state, 18 whether it's on the lakes or the ocean or the 19 sounds, is by helping them by giving them a 20 break with these taxes. 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: Exemptions

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(518) 371-8910 1 from taxes are always an interesting question 2 that I don't think we spend enough time 3 thinking about in the Legislature or 4 evaluating. 5 As I have said in the past on this 6 floor, the State of New York chooses to not 7 collect, through tax exemptions or tax 8 credits, over $20 billion per year. We do 9 this through bills exactly like this that have 10 become part of our tax code over the last 11 hundred years, where, for some reason, we 12 decide whatever activity you're doing, we're 13 not going to tax you or we're going to tax you 14 at a lower rate or even going to give you 15 credits against other taxes for participating 16 in some economic activity. 17 And there are arguments for tax 18 exemptions. And in fact, today we passed two 19 other bills, sponsored by Senator Johnson, 20 that related to installation of residential 21 solar energy systems and establishing a solar 22 energy system personal income tax credit. And 23 to jump there for a moment, I supported those 24 bills. We all did, as I believe. And those 25 also reduced tax income. Or they will, when

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(518) 371-8910 1 they become law, reduce the revenue collected 2 by the State of New York, because it offered 3 exemptions and credit for people who are 4 prepared to put solar energy systems into 5 residential use. 6 Now, I supported those bills 7 because we all know in the State of New York 8 that we want to decrease use of polluting 9 fossil fuels, we want to increase use of 10 environmentally sound, renewable energy 11 resources. Solar energy does exactly that. 12 Anytime we can increase the possibility of 13 New Yorkers using renewable, clean energy to 14 heat their homes or cool their homes or heat 15 or cool their water, that's a win for the 16 environment, for the State of New York. 17 And so even if we're going to lose 18 some immediate tax revenue from those pieces 19 of legislation, we have the win of expanding 20 the use of solar energy. So I was very happy 21 to see Senator Johnson's bills pass today. 22 Now, this is also a bill to reduce 23 tax revenue to the State of New York. And in 24 this case, it would be to actually potentially 25 expand the use of petroleum gas for sports

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(518) 371-8910 1 fishermen. 2 Now, please don't misunderstand, I 3 have no opposition to people fishing for fun. 4 My understanding, actually, often in sports 5 fishing you don't even keep the fish, you 6 throw it back. I don't think that's relevant 7 per se to your bill, because I suppose some 8 people keep their fish and mount them, some 9 people keep their fish and eat them. But many 10 people throw their fish back, and that's their 11 choice. 12 But again, it's a sports activity. 13 And so this would be a bill to reduce taxes to 14 the State of New York so that more people 15 would enjoy the pleasure of fishing off of 16 boats that use petroleum energy, which is a 17 nonrenewable, polluting form of fuel. It's 18 also different than commercial fishing -- 19 SENATOR SKELOS: Madam President. 20 SENATOR LIZ KRUEGER: I'm sorry, 21 Senator Skelos wants to interrupt. 22 THE PRESIDENT: Senator Skelos. 23 SENATOR SKELOS: Would the 24 Senator just yield for a question? 25 SENATOR LIZ KRUEGER: Certainly,

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: I don't know if 3 you've ever been on a party boat, but I've 4 gone out fishing many times -- founder, fluke, 5 porgies. And many people go on these boats in 6 order to catch fish so that they can eat and 7 they can feed their families. 8 So you may go out on the fancy 9 party boats where they just throw the fish 10 back, but we're trying to encourage and 11 maintain an industry that helps feed people. 12 And by doing this, by reducing some of the 13 expenses of these charter or open party boats, 14 we're going to help them survive. 15 Because eventually, if we don't do 16 something, they are going to go out of 17 business completely, and all that will be left 18 are the boats that perhaps you can afford to 19 go on, but many people cannot afford to go 20 on -- the fancy fishing boats. 21 So this is trying to maintain this 22 industry so that people can go out, have a 23 nice day but also catch fish to feed their 24 families. 25 SENATOR LIZ KRUEGER: Madam

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(518) 371-8910 1 President, if the sponsor would please yield. 2 THE PRESIDENT: Senator Skelos, 3 do you yield? 4 SENATOR SKELOS: No. 5 SENATOR LIZ KRUEGER: All right. 6 Thank you. I will continue on the bill and 7 attempt to address the concerns. 8 THE PRESIDENT: You may proceed 9 on the bill. 10 SENATOR LIZ KRUEGER: I'm not 11 actually familiar with the difference between 12 a fancy fishing boat versus a party boat. I 13 actually don't think I've gone fishing from 14 either form of boat. I have fished in streams 15 and in ponds and thrown the fish back, or 16 sometimes attempted to cook them, but I'm not 17 very good at either. 18 But my point here is -- and, by the 19 way, this is not a bill that would reduce 20 taxes for commercial fishermen, who in fact 21 are in the business to collect fish to sell 22 for eating. 23 Although I do not disagree with the 24 sponsor that one of the purposes of sports 25 fishing may be in fact to eat the fish. And

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(518) 371-8910 1 there are lots of sports activities where 2 there's no win of eating the product at the 3 end. So I accept that argument. 4 My point is, should the State of 5 New York be in the business of giving special 6 tax exemptions for certain types of sports 7 activities that are pleasurable, and we want 8 people to do that -- that create jobs, and we 9 want people to do that -- but in fact is a 10 field where we're also giving a tax credit for 11 using petroleum products, which we're actually 12 supposed to be environmentally discouraging? 13 Now, it's not a major loss of 14 revenue to the State of New York. The 15 sponsor's bill has a fiscal note and it talks 16 about approximately annualized $610,000 in 17 lost tax revenue. If the sponsor is correct 18 and we increase the number of people who are 19 sports fishing or the number of boats that are 20 out there that are party boats, as he referred 21 to them, we might lose some more money. 22 I don't think the question here is 23 so much the $610,000 as much as it is my 24 argument that we should ask hard questions for 25 ourselves: Should we be expanding tax credits

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(518) 371-8910 1 for certain kinds of activities and not 2 others? These are the kinds of questions I 3 believe we should be doing full reviews of our 4 tax code, how we make the decisions by which 5 we decide you will be exempt from your taxes, 6 and you won't. 7 A societal win, a win is solar 8 energy. A societal win, a win may be, 9 according to Senator Skelos, expanding the 10 universe of people who go on party boats to 11 fish. We might agree or not agree on that. 12 But I would make the argument that we didn't 13 ask any of those questions. And these are 14 exactly the kinds of revenue questions that, 15 in the three years I've been in this house, we 16 don't ask enough of. 17 We should have public hearings when 18 it comes to tax policy. We should review 19 entire sections of the tax code. We have 20 many, many categories in the petroleum tax 21 category of our tax expenditure budget. We 22 have many categories of sales tax exemption or 23 sales taxes being applied. 24 We don't have an explanation, in my 25 opinion, for why we make the decisions we do,

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(518) 371-8910 1 today or historically, about charging you a 2 tax for that activity you enjoy and not 3 charging you a tax for something that you 4 enjoy because we did a special exemption or a 5 credit. 6 So I would argue that this is the 7 wrong way to legislate our tax code. We 8 should be looking at the big picture. We 9 should be asking the hard questions about who 10 gets taxed, who doesn't. We should ask the 11 questions of equity. 12 And we should actually ask Tax & 13 Finance to do evaluations for us on what the 14 likely impact of a tax reduction or increase 15 might be. Because what economists have 16 discovered, and tax experts throughout this 17 country on local, state, and federal taxes, 18 that different taxes have different impacts 19 and activity. 20 So I respect Senator Skelos's 21 argument when he says these party fishermen 22 may be at risk of continuing business because 23 business has been hurting. I don't know if 24 that's true. We haven't looked at the 25 evidence.

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(518) 371-8910 1 I did just pull out the receipts 2 for taxes paid by noncommercial fishermen to 3 the State of New York, and there doesn't seem 4 to be a reduction over the last number of 5 years in the amount of taxes they're paying. 6 So I'm not sure that we've seen a reduction in 7 this form of sports fishing, because then in 8 theory we would see a reduction in the amount 9 of taxes the State of New York is collecting 10 from them. He may be right that we would see 11 an increase in the activity if we did away 12 with their taxes. 13 But again, I would urge my 14 colleagues we have to think about these 15 questions hard, and that we have to think 16 about why a sport might have a tax on its oil, 17 on its fuel use, and another sport wouldn't; 18 whether we should encourage sports that do use 19 environmentally unsound energy; whether we 20 should prioritize expansion of non -- of 21 renewable and safe energy. 22 And so again, I'm sure later on 23 someone will say that Senator Krueger had some 24 opposition to sports fishermen. I do not. I 25 am delighted that people enjoy fishing for the

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(518) 371-8910 1 sheer pleasure of it and eat the fish if 2 that's what they choose to do. 3 But I will vote against this bill, 4 because I don't see a justification for a 5 special tax exemption for the use of fuel for 6 sports fishing. 7 Thank you, Madam President. 8 THE PRESIDENT: Senator Duane. 9 SENATOR DUANE: No, I'm just 10 stretching. 11 (Laughter.) 12 THE PRESIDENT: I'm speechless. 13 Does any other member wish to be 14 heard in any way on this bill? 15 Then the debate is closed. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 9. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Senator LaValle, 23 to explain your vote. 24 SENATOR LaVALLE: Thank you, 25 Madam President.

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(518) 371-8910 1 I rise to support the legislation 2 by Senator Skelos and just indicate that 3 certainly in the First Senate District there 4 are many charter boats, beginning in Port 5 Jefferson, going out to Montauk and Orient 6 Point. 7 And with the price of gasoline, for 8 fuel, and the increasing DEC regulations that 9 we in the state place on the charter boats, I 10 think we should be doing something that 11 ensures that -- Senator Skelos talked about 12 families going out or individuals going out to 13 try and catch food for dinner, others trying 14 to have a day with the family. 15 And some of the letters that I've 16 received from the charter boat captains talk 17 about childhood dreams are something that last 18 with all of us. And certainly we should be 19 doing our part to maintain those dreams for 20 little ones and big ones alike. 21 So I vote in the affirmative. 22 THE PRESIDENT: You will be so 23 recorded, Senator LaValle, as voting in the 24 affirmative. 25 The Secretary will announce the

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(518) 371-8910 1 results. 2 THE SECRETARY: Ayes, 61. Nays, 3 1. Senator L. Krueger recorded in the 4 negative. 5 THE PRESIDENT: The bill is 6 passed. 7 Senator Skelos. 8 SENATOR SKELOS: Madam President, 9 is there any further business at the desk? 10 THE PRESIDENT: Yes, we do, 11 Senator. We have motions. 12 Senator Fuschillo. 13 SENATOR FUSCHILLO: Thank you, 14 Madam President. 15 On behalf of myself, Senator 16 Fuschillo, I wish to call up Senate Print 17 Number 3344, recalled from the Assembly, which 18 is now at the desk. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 318, by Senator Fuschillo, Senate Print 3344, 23 an act to amend the General Business Law. 24 SENATOR FUSCHILLO: I now move to 25 reconsider the vote by which the bill was

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(518) 371-8910 1 passed. 2 THE PRESIDENT: The Secretary 3 will call the roll upon reconsideration. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 SENATOR FUSCHILLO: I now offer 7 the following amendments. 8 THE PRESIDENT: The amendments 9 are received. 10 SENATOR FUSCHILLO: Madam 11 President, on behalf of Senator Marcellino, I 12 wish to call up Senate Print Number 769, 13 recalled from the Assembly, which is now at 14 the desk. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 49, by Senator Marcellino, Senate Print 769, 19 an act to amend the General Business Law. 20 SENATOR FUSCHILLO: I now move to 21 reconsider the vote by which the bill was 22 passed. 23 THE PRESIDENT: I'm going to ask 24 the members to please refrain from conversing 25 in the chamber.

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(518) 371-8910 1 The Secretary will call the roll 2 upon reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 SENATOR FUSCHILLO: I now offer 6 the following amendments. 7 THE PRESIDENT: The amendments 8 are received. 9 SENATOR FUSCHILLO: Madam 10 President, on behalf of Senator Libous, I wish 11 to call up Senate Print Number 1820A, recalled 12 from the Assembly, which is now at the desk. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 379, by Senator Libous, Senate Print 1820A, an 17 act to amend the Village Law and the Public 18 Officers Law. 19 SENATOR FUSCHILLO: I now move to 20 reconsider the vote by which the bill was 21 passed. 22 THE PRESIDENT: The Secretary 23 will call the roll upon reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 SENATOR FUSCHILLO: I now offer 2 the following amendments. 3 THE PRESIDENT: The amendments 4 are received. 5 SENATOR FUSCHILLO: Thank you. 6 THE PRESIDENT: Senator Skelos. 7 SENATOR SKELOS: Madam President, 8 there being no further -- 9 THE PRESIDENT: Senator Meier. 10 SENATOR SKELOS: Senator Meier. 11 Almost no further. 12 SENATOR MEIER: Sorry. 13 Madam President, amendments are 14 offered to the following Third Reading 15 Calendar bills: 16 By Senator DeFrancisco, page 34, 17 Calendar 897, Senate Print 4308; 18 By Senator Padavan, page 41, 19 Calendar 1036, Senate Print 1055; 20 By Senator Fuschillo, page 48, 21 Calendar 1185, Senate Print 5370; 22 And by Senator Balboni, page 58, 23 Calendar 1331, Senate Print 186A. 24 THE PRESIDENT: The amendments 25 are received, and the bills will retain their

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(518) 371-8910 1 place on the Third Reading Calendar. 2 SENATOR MEIER: Thank you, Madam 3 President. 4 THE PRESIDENT: You're welcome. 5 Senator Skelos. 6 SENATOR SKELOS: Are we finished? 7 Okay. 8 There being no further business to 9 come before the Senate, I move we stand 10 adjourned until Wednesday, June 15th, at 11 11:00 a.m. 12 THE PRESIDENT: There being no 13 further business, on motion, the Senate now 14 stands adjourned until Wednesday, June 15th, 15 11:00 a.m. 16 (Whereupon, at 4:56 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24 25

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(518) 371-8910