Thursday, June 16, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 16, 2005 11 11:06 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, June 15, the Senate met pursuant to 18 adjournment. The Journal of Tuesday, June 14, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Motions and resolutions. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Thank you, 6 Madam President. 7 I wish to call up Calendar Number 8 113, Assembly Print Number 4577A. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 113, by Member of the Assembly Koon, Assembly 13 Print Number 4577A, an act to amend the Public 14 Health Law. 15 SENATOR FUSCHILLO: I now move to 16 reconsider the vote by which the Assembly bill 17 was substituted for Senate Print Number 1771A 18 on May 24, 2005. 19 THE PRESIDENT: The Secretary 20 will call the roll upon reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 38. 23 SENATOR FUSCHILLO: Madam 24 President, I now move that Assembly Bill 25 Number 4577A be recommitted to the Committee

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(518) 371-8910 1 on Health, and the Senate bill be restored to 2 the order of Third Reading Calendar. 3 THE PRESIDENT: So ordered. 4 SENATOR FUSCHILLO: I now offer 5 the following amendments. 6 THE PRESIDENT: The amendments 7 are received. 8 SENATOR FUSCHILLO: Madam 9 President, on behalf of Senator Padavan, on 10 page number 31, I offer the following 11 amendments to Calendar Number 887, Senate 12 Print Number 3914A, and ask that said bill 13 retain its place on Third Reading Calendar. 14 THE PRESIDENT: The amendments 15 are received, and the bill will retain its 16 place on the Third Reading Calendar. 17 SENATOR FUSCHILLO: Madam 18 President, on behalf of Senator Balboni, on 19 page number 26 I offer the following 20 amendments to Calendar Number 783, Senate 21 Print Number 4289A, and ask that said bill 22 retain its place on Third Reading Calendar. 23 THE PRESIDENT: Those amendments 24 are also received, and that bill will also 25 retain its place on the Third Reading

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(518) 371-8910 1 Calendar. 2 SENATOR FUSCHILLO: Madam 3 President, on behalf of Senator Bruno, on page 4 number 58 I offer the following amendments to 5 Calendar Number 1568, Senate Print Number 6 5669, and ask that said bill retain its place 7 on Third Reading Calendar. 8 THE PRESIDENT: The amendments 9 are received, and that bill will retain its 10 place on the Third Reading Calendar. 11 Senator Bonacic. 12 SENATOR BONACIC: Thank you, 13 Madam President. 14 On behalf of myself, I wish to call 15 up my bill, Print Number 268, recalled from 16 the Assembly, which is now at the desk. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Calendar Number 20 729, by Senator Bonacic, Senate Print 268, an 21 act to amend the Vehicle and Traffic Law. 22 SENATOR BONACIC: I will now move 23 to reconsider the vote by which the bill was 24 passed. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will call the roll upon reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 39. 4 SENATOR BONACIC: I now offer the 5 following amendments, Madam President. 6 THE PRESIDENT: The amendments 7 are received. 8 SENATOR BONACIC: Okay. On 9 behalf of Senator Balboni, I wish to call up 10 Print Number 4985, recalled from the Assembly, 11 which is now at the desk. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 1016, by Senator Balboni, Senate Print 4985, 16 an act to amend the General Business Law. 17 SENATOR BONACIC: And I now move 18 to reconsider the vote by which the bill was 19 passed. 20 THE PRESIDENT: The Secretary 21 will call the roll upon reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 41. 24 SENATOR BONACIC: I now offer the 25 following amendments.

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(518) 371-8910 1 And on behalf of myself and Senator 2 Balboni, thank you, Madam President. 3 THE PRESIDENT: The amendments 4 are received. 5 And thank you, Senator. 6 Senator Skelos. 7 SENATOR SKELOS: Madam President, 8 there are substitutions, I believe, to be made 9 at the desk. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: On page 15, 13 Senator Spano moves to discharge, from the 14 Committee on Rules, Assembly Bill Number 4133 15 and substitute it for the identical Senate 16 Bill Number 3542, Third Reading Calendar 519. 17 On page 18, Senator Breslin moves 18 to discharge, from the Committee on Rules, 19 Assembly Bill Number 3001 and substitute it 20 for the identical Senate Bill Number 1594, 21 Third Reading Calendar 582. 22 On page 18, Senator DeFrancisco 23 moves to discharge, from the Committee on 24 Rules, Assembly Bill Number 7293 and 25 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 3343, Third Reading Calendar 595. 2 On page 24, Senator Maziarz moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 7627 and substitute it 5 for the identical Senate Bill Number 4477, 6 Third Reading Calendar 750. 7 On page 32, Senator DeFrancisco 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 8295 and 10 substitute it for the identical Senate Bill 11 Number 4842, Third Reading Calendar 904. 12 On page 33, Senator Breslin moves 13 to discharge, from the Committee on Rules, 14 Assembly Bill Number 3000B and substitute it 15 for the identical Senate Bill Number 1595B, 16 Third Reading Calendar 936. 17 On page 44, Senator Winner moves to 18 discharge, from the Committee on Finance, 19 Assembly Bill Number 5881B and substitute it 20 for the identical Senate Bill Number 2994B, 21 Third Reading Calendar 1188. 22 On page 44, Senator Flanagan moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 5618 and substitute it 25 for the identical Senate Bill Number 2915,

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(518) 371-8910 1 Third Reading Calendar 1214. 2 On page 49, Senator Meier moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 7931 and substitute it 5 for the identical Senate Bill Number 5295, 6 Third Reading Calendar 1291. 7 On page 50, Senator Farley moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 8064 and substitute it 10 for the identical Senate Bill Number 4755, 11 Third Reading Calendar 1310. 12 On page 53, Senator Meier moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 8492A and substitute it 15 for the identical Senate Bill Number 5442A, 16 Third Reading Calendar 1519. 17 On page 54, Senator Breslin moves 18 to discharge, from the Committee on 19 Investigations and Government Operations, 20 Assembly Bill Number 6207 and substitute it 21 for the identical Senate Bill Number 3122, 22 Third Reading Calendar 1535. 23 On page 55, Senator Robach moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 7282 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5496, 2 Third Reading Calendar 1546. 3 On page 55, Senator Flanagan moves 4 to discharge, from the Committee on Education, 5 Assembly Bill Number 8100 and substitute it 6 for the identical Senate Bill Number 5501, 7 Third Reading Calendar 1547. 8 On page 56, Senator Young moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8043A and substitute it 11 for the identical Senate Bill Number 5593, 12 Third Reading Calendar 1552. 13 On page 56, Senator Volker moves to 14 discharge, from the Committee on Codes, 15 Assembly Bill Number 6791 and substitute it 16 for the identical Senate Bill Number 5609, 17 Third Reading Calendar 1556. 18 And on page 57, Senator Little 19 moves to discharge, from the Committee on 20 Local Government, Assembly Bill Number 7599 21 and substitute it for the identical Senate 22 Bill Number 5651, Third Reading Calendar 1565. 23 THE PRESIDENT: Substitutions 24 ordered. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 if we could return to reports of standing 3 committees, I believe there's a report -- 4 actually, I know there's a report of the 5 Finance Committee at the desk. 6 THE PRESIDENT: Reports of 7 standing committees. 8 The Secretary will read. 9 THE SECRETARY: Senator Johnson, 10 from the Committee on Finance, reports the 11 following nomination. 12 As president of the Higher 13 Education Services Corporation, James C. Ross, 14 of Albany. 15 THE PRESIDENT: Senator Johnson. 16 SENATOR JOHNSON: Yes, Madam 17 President. Move the nomination. 18 THE PRESIDENT: Senator LaValle. 19 SENATOR LaVALLE: Thank you, 20 Madam President. 21 I rise to support the nomination of 22 James Ross, who has been involved for so many 23 years with the Commission of Independent 24 Colleges and Universities. 25 And when we talk about that role as

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(518) 371-8910 1 president, Jim has been involved in 2 shepherding the growth and expansion of the 3 Tuition Assistance Program. Today in the 4 Finance Committee, he told the committee that 5 in 1974 he was in the Assembly gallery, 6 looking down, when that bill was passed in 7 1974. So he has been there from the very 8 beginning. 9 And that is a program, the Tuition 10 Assistance Program is one that this house has 11 nurtured, protected, and expanded. And so the 12 person that we are nominating today -- and by 13 the way, I would congratulate the Governor on 14 this nomination -- is a person that will be, 15 in his agency, the Higher Ed Services 16 Corporation, will be the administrator to make 17 sure that the students in our respective 18 districts are getting not only the Tuition 19 Assistance Program but Pell grants and all the 20 other aid programs in a manner that they can 21 receive the program and continue to pursue 22 their dream of higher education. 23 So, Jim Ross, I wish you much good 24 luck as president of the Higher Ed Services 25 Corporation. I know that you will be diligent

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(518) 371-8910 1 and faithful to your duties and 2 responsibilities. 3 THE PRESIDENT: Senator Farley. 4 SENATOR FARLEY: Thank you, Madam 5 President. I also rise to second the 6 nomination of Jim Ross. 7 Every job that he's done, he's done 8 well. I've known him for a lot of years, 9 since he's been just a young fellow. 10 And Jimmy Ross will do a great job, 11 because this is particularly a position that 12 every legislator in the State of New York is 13 constantly calling that office and 14 historically has always gotten good service. 15 And I know that he's going to be a tremendous 16 president. 17 And I enthusiastically support his 18 nomination and applaud the Governor for this 19 appointment, because it's a person that really 20 knows how things work here in Albany. And 21 he'll do a great job for the students of 22 New York State. 23 THE PRESIDENT: Senator Breslin. 24 SENATOR BRESLIN: Thank you, 25 Madam President.

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(518) 371-8910 1 To amplify the remarks of Senator 2 Farley and Senator LaValle from the Democratic 3 side, no one is better suited, with a greater 4 understanding of education and educational 5 needs, than Jim Ross. 6 He's a wonderful public servant. 7 He's been a friend of mine for 30 years. And 8 I commend the Governor for recognizing again 9 the services that Jim can provided. 10 Congratulations, Jim. 11 THE PRESIDENT: The question now 12 is -- Senator Marchi, would you like to speak? 13 SENATOR MARCHI: I go back to 14 over the beginning of time, I guess. It was 15 DeWitt Clinton, that we looked at him and 16 smiled and said, This guy is just an eastot 17 [ph]. 18 The past is truly a prologue to the 19 future. And what better guide that we have 20 now, we've had it at the station by several of 21 the members who have known him virtually all 22 of these years, that the expectations are high 23 because they've always been fulfilled in an 24 exemplary way. 25 So those of us who have known him

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(518) 371-8910 1 for a long time, and even if it was only a 2 short time, in each and every instant we have 3 been gratified by the dedication, the mastery 4 that he has over the work that's assigned to 5 him. And it is really a pleasure when we have 6 a candidate of his capacity to pass on, 7 because we know that the past is really 8 prologue, as I put it earlier. 9 So I join my colleagues and commend 10 them for standing up and saying so. 11 THE PRESIDENT: The question now 12 is on the nomination of James C. Ross as 13 president of the Higher Education Services 14 Corporation. 15 All in favor please signify by 16 saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The nominee is 21 hereby confirmed. 22 Congratulations and best wishes for 23 what we know will be continued excellence. 24 (Applause.) 25 THE PRESIDENT: President Ross is

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(518) 371-8910 1 here with his wife, Margaret Ross. 2 The Secretary will continue to 3 read. 4 THE SECRETARY: As a member of 5 the Public Service Commission, Patricia L. 6 Acampora, of Mattituck. 7 THE PRESIDENT: Senator Johnson. 8 SENATOR JOHNSON: Move the 9 nomination. 10 THE PRESIDENT: Senator LaValle. 11 SENATOR LaVALLE: Thank you, 12 Madam President. 13 It's really a great privilege for 14 me to rise to support the nomination of 15 Patricia Acampora as a member of the Public 16 Service Commission. Pat has been really my 17 partner for the last 12 years here in Albany, 18 and I will really miss her very, very much. 19 Patricia Acampora came from -- 20 comes from a family who has been very much 21 involved in our community in the town of 22 Brookhaven, in public service. Her mom was a 23 much-loved supervisor of that town. 24 And so it was of no surprise that 25 Pat, as she -- as her family matured and

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(518) 371-8910 1 started to be more independent, got involved 2 in public service, became an assistant to Joe 3 Sawicki, who was the Assembly member, and then 4 worked in County Executive Bob Gaffney's 5 office. And then when the Assembly seat 6 became open, Pat ran, was elected. 7 She has demonstrated, in the 8 12 years, a work ethic that is second to none. 9 There is probably not a fire department dinner 10 or an Eagle Scout court of honor that Pat has 11 not attended. We have marched in parades, and 12 we have met with constituents over these 13 12 years. 14 Pat will bring that experience that 15 I have just talked about to the Public Service 16 Commission to represent the whole state. But 17 I would add that, as I look back on the number 18 of appointments from Long Island, we have not 19 really had that many members on the Public 20 Service Commission. 21 But Pat will deal with the 22 stakeholders in her position in a fair and 23 honest way. The chairman will find out that 24 she is a real hard worker. She can be very, 25 very focused on what she does. And I think

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(518) 371-8910 1 that the people of the state and the Governor, 2 who has made this really great appointment, 3 will be very proud of this appointment, and 4 she will do good things for all of the people 5 of the State of New York as a member of the 6 Public Service Commission. 7 Pat, I will miss you, but good luck 8 to you. Your family, Alan, you should be very 9 proud of Pat, as I know you are, and your 10 whole family, Patricia. 11 Good luck. 12 THE PRESIDENT: Senator Winner. 13 SENATOR WINNER: Thank you, Madam 14 President. 15 I join to support the nomination of 16 Patricia Acampora. Pat I consider to be a 17 great friend and colleague for many, many 18 years in the New York State Assembly. 19 And I'm not only proud of her 20 nomination and pleased that the Governor would 21 send this nomination to us, but, you know, I 22 also am sad that for the benefit of the 23 Assembly Republican caucus, who is going to 24 sorely miss her dedication, knowledge and 25 certainly leadership as one of the strongest

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(518) 371-8910 1 women voices in the Assembly Republican 2 conference that have ever been there. 3 Pat is an outstanding legislator 4 and will bring a unique talent to the Public 5 Service Commission. And while I know it is a 6 very, very difficult position to assume, based 7 upon the positions and the stances that she's 8 taken over the last number of years, and her 9 advocacy, I know the ratepayers and all the 10 stakeholders, as Senator LaValle aptly pointed 11 out, will be well-served by her appointment 12 and her service on the Public Service 13 Commission, which is a very demanding job. 14 So my best wishes to you, Pat, and 15 to your husband, Alan, who also I have had the 16 privilege of working with over the years. I 17 know that this appointment is outstanding, and 18 I know that it's the loss of this legislative 19 body and certainly the Assembly, but it is the 20 gain of the State of New York for the service 21 that I know that you will perform. 22 Congratulations. 23 THE PRESIDENT: Senator Bonacic. 24 SENATOR BONACIC: Thank you, 25 Madam President.

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(518) 371-8910 1 I want to congratulate the Governor 2 for putting forth Pat's name to serve on the 3 Public Service Commission. If every former 4 Assemblyman who served as a colleague with Pat 5 gets up today and talks about her, we're going 6 to be here pretty long. 7 But I agree with everything that 8 our previous speakers have said. But 9 particularly the characteristics of being 10 feisty, being independent, being intelligent, 11 being powerful, in that position of public 12 service, serving on the Public Service 13 Commission, are the qualities we need to 14 protect the ratepayers. 15 Pat, you and your family, we wish 16 you well and success in all your future 17 endeavors. 18 Thank you, Madam President. 19 THE PRESIDENT: Senator 20 Marcellino. 21 SENATOR MARCELLINO: Thank you, 22 Madam President. 23 I rise to second the nomination of 24 my good friend Pat Acampora to the Public 25 Service Commission.

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(518) 371-8910 1 I want to congratulate the Governor 2 on making a fantastic appointment. I'm sure 3 he -- and all of us -- will not be sorry. 4 One of the attributes -- and it's 5 been touched upon by all my colleagues, and I 6 think it will be said again and again -- is 7 Pat basically is a good person. And I don't 8 think there's any higher quality or any higher 9 criterion that you could ask for in a person 10 or an individual appointment, especially one 11 as important as this one. 12 She's straightforward, she's 13 straight-talking. She gives you her word, she 14 keeps it. She takes on a job, she does it. 15 No fooling around, no nonsense, gets right to 16 the point. 17 The key element, she gives you her 18 word and she keeps it. In this business we 19 have no greater thing to give back and forth 20 to each other but our words. And when people 21 know when you give it, you keep it, that's all 22 you have to say about an individual. 23 And as I said before, that quality 24 has made her, in my mind, a fantastic 25 individual, a great Assemblywoman, a colleague

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(518) 371-8910 1 we'll all miss. And I wish her well. 2 THE PRESIDENT: Senator Maltese. 3 SENATOR MALTESE: Madam 4 President, I want to emulate my colleague John 5 Bonacic and maybe do him one better. Not only 6 do I agree with all the previous speakers, but 7 I'm sure I'll agree with all the future 8 speakers on this nomination. 9 I've known Pat Acampora for many 10 years now, and not only in her capacity as an 11 Assemblywoman but in her capacity as the 12 president and one of the most active members 13 of the Italian-Americans Legislators 14 Association. 15 Everything that Senator Marcellino 16 has said is so very true. And we have had, 17 those of us in that conference have had an 18 excellent opportunity to see the skill and how 19 adept she is at dealing with people in many 20 sensitive situations as a leader. 21 Certainly her background in the 22 Assembly as ranking member on Banks and Labor, 23 and her position as chairwoman of the 24 Republican conference, will stand her in good 25 stead.

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(518) 371-8910 1 In addition, my daughter, my older 2 daughter, has the good fortune to have had her 3 as an Assemblywoman. So I've been able to see 4 her not only in her capacity here in Albany, 5 but also to hear about her as a local 6 legislator, a very effective, dynamic local 7 legislator. 8 So this -- as has been said, we are 9 truly going to miss her. She is a wonderful 10 person. She is a person that has worked very 11 hard to attain the status that she has in this 12 august position. Certainly my wife, 13 Constance, and I join in wishing her and Alan 14 and her family the very, very best. Lord 15 knows she really deserves it. 16 And I wish to congratulate the 17 Governor on this excellent appointment. 18 THE PRESIDENT: Senator Flanagan. 19 SENATOR FLANAGAN: Thank you, 20 Madam President. 21 This one is bittersweet for me. 22 This is a -- I'm so happy for Pat. I'm so 23 happy for Alan and the family. But I just 24 want to touch on a couple of things about Pat 25 Acampora as a person.

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(518) 371-8910 1 We can talk about the political 2 stuff, and all of it's true. In her role in 3 the Italian legislators conference, she has 4 earned the respect of people on both sides of 5 the aisle, in both houses, in all levels of 6 government. She represents all the best about 7 public service. Comes from a family, 8 obviously, with an extended involvement in the 9 public sector for years. 10 And everybody is right, she is 11 everywhere. She, you know, people -- well, 12 that's the east end. She's in western Suffolk 13 all the time. She's in Nassau. She's up in 14 Albany. She's taken trips all across the 15 state. 16 She is loved and adored by labor. 17 The people who are really going to miss her 18 are the people in the labor community, because 19 she was a passionate advocate and great voice 20 for their concerns. 21 Now, we all want to have the 22 respect of our colleagues. I want to point 23 out just a couple of folks. Assemblyman 24 Fitzpatrick, Assemblyman Raia, and Assemblyman 25 Conte, all of her seatmates in the New York

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(518) 371-8910 1 State Assembly, they're definitely going to 2 miss her. And they have great respect for her 3 not only as a person but as a political 4 leader. 5 But I have been blessed to, 6 probably more than anything else, be able to 7 call Pat Acampora my friend. And I'm just 8 going to say a couple of things -- and, Pat, 9 I'm going to embarrass you. I really don't 10 care at this point. Okay? 11 She's beautiful, we all love her, 12 she always dresses to kill. There isn't a 13 person around here who doesn't want to have 14 her wardrobe, among other things. And she 15 is -- she's the quintessential public servant. 16 But it's all about her family. And 17 when she goes to the Public Service 18 Commission -- or someplace else; it doesn't 19 really matter. The Governor has made an 20 excellent appointment. He could have put her 21 in any capacity and been well-served. But it 22 is about her family. 23 And I think that her daughters, 24 Stacy and Chrissy, are able to watch today's 25 proceedings. And I want to make sure that we

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(518) 371-8910 1 mention Christopher and Matthew, too, the 2 light of her life. 3 And she's my friend, she's our 4 colleague. I only wish you the best. I am 5 elated for you, but I am sad to see you go. 6 Patty, I love you. 7 THE PRESIDENT: Senator Balboni. 8 SENATOR BALBONI: Madam 9 President, as I thought about what I would say 10 about Patricia Acampora, I happened to look up 11 into the gallery and I see all these young 12 children joining us today. 13 And I thought, that's a great 14 moment to just tell them, Hey, kids, see that 15 woman right there, the blonde? She's a really 16 great person. And what we're doing today is 17 we're sending her on to another job. But 18 we're going to miss her in the job she did 19 here, because she's really decent, really 20 hardworking, really honest. One of the people 21 you want to know and need as a friend, and 22 someone who will always stand up for you. 23 And I guess that's really what, for 24 me, has been the hallmark of Patty. She has 25 two things, two passions that I think

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(518) 371-8910 1 separates her from so many different people 2 that I've met in life. One, she has this 3 thing for the little guy. She really hates it 4 when the little guy is put down. And that's 5 when she gets her ire up. 6 And the second thing, in our world, 7 people don't always tell you the truth. And 8 she hates that. In the fog of politics, she 9 is very, very direct. And she has at times 10 angered people with her directness. 11 But God bless you, because you 12 always have it in your heart to do the right 13 thing. That I think is the best thing about 14 you. And I think that that's sorely needed on 15 the PSC. You're going to be a great member. 16 Congratulations. 17 THE PRESIDENT: Senator Wright. 18 SENATOR WRIGHT: Thank you, Madam 19 President. 20 I would point out that unlike all 21 of the previous speakers to date, I am not 22 from Long Island, I am not a former colleague 23 in the Assembly, and I am not Italian. 24 (Laughter.) 25 SENATOR LARKIN: You're not a

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(518) 371-8910 1 lawyer, either. 2 SENATOR WRIGHT: And I'm not a 3 lawyer, either. Thank you very much, Senator 4 Larkin. 5 However, I do have the occasion to 6 serve as chair of the Energy Committee. And 7 that committee had the pleasure of 8 recommending Pat for confirmation today. 9 And at that committee meeting we 10 found all of those attributes demonstrated 11 that my colleagues have so gracefully 12 articulated this morning. She was friendly, 13 charming, but she was also very businesslike 14 when it came down to the discussion of the 15 matter of her confirmation. She was very 16 direct in terms of the issues in the energy 17 arena and her view of what the PSC 18 responsibilities were and how she was going to 19 handle that. 20 I, for one, want to commend the 21 Governor for this choice he has made in this 22 recommendation to the Public Service 23 Commission. I believe it will be a real 24 advantage and asset to the Public Service 25 Commission.

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(518) 371-8910 1 I'm not going to repeat everything 2 that has been said about the Assemblywoman's 3 style, simply to say that my experience has 4 been it's all true, everything that has been 5 articulated. 6 I think she's going to be a 7 wonderful addition to the Public Service 8 Commission. I'm fully prepared to recommend 9 to all of my colleagues and endorse her 10 confirmation this morning. I think the 11 Governor has selected someone who has 12 demonstrated throughout her career the ability 13 to stand up and advocate on behalf of people. 14 And that is her role on the Public Service 15 Commission, to be an advocate for the people. 16 Pat, congratulations. I look 17 forward to working with you. You're going to 18 do a great job at this, just as you have every 19 responsibility heretofore. Best wishes to you 20 and Alan. 21 THE PRESIDENT: Senator Skelos. 22 SENATOR SKELOS: Thank you, Madam 23 President. I just want to join with my 24 colleagues and say congratulations to Patty. 25 I just want to point out and remind

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(518) 371-8910 1 her, though, that Alan is the senior 2 commissioner with the administration. So you 3 should keep that in mind as the two of you 4 have discussions. But, you know, a family 5 that's committed to public service. 6 And I think it's a wonderful 7 appointment by the Governor. And we even 8 excused Senator Balboni, allowing him to speak 9 today, because he had made a commitment to 10 this conference that in order to move things 11 along, he would not speak anymore on the 12 floor. So we do forgive him today. We do 13 give him this exception. 14 But congratulations to you. And 15 please, you know we always look forward to 16 seeing you, whether it's on the elevator, 17 whether it's walking to session, whether it's 18 at a function, whether it's political or 19 governmental. And we just ask that please, 20 remember that you have a lot of friends in 21 Albany. And we will look forward to 22 continuing the chats and the conversations 23 that we've had over the years. 24 Congratulations, Patty. 25 THE PRESIDENT: Senator Marchi.

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(518) 371-8910 1 SENATOR MARCHI: We must all be 2 overwhelmed, Madam President, for the quantum 3 of the remarks that have been made. 4 And then complimenting the 5 Governor. Why do we have to compliment him? 6 It was so obvious. 7 She's a wonderful candidate, and 8 she elicited the emotions that she did because 9 she's earned them in her contact and in the 10 provision of services and the promise that she 11 holds. So our expectations are very high. 12 On the other hand, it's going to be 13 very difficult to get some very decent, 14 average person with some talent and some 15 ability -- but our expectations have been 16 vaulted to the skies, and it's going to be 17 difficult. 18 We've had Jim Ross, and now you. 19 This is wonderful, Madam President. And with 20 you presiding, I mean, I can't think of a 21 greater array of talent that is mustered here 22 today. And all of us have an opportunity to 23 vote again with absolute confidence that we 24 will be serving the public welfare in doing 25 what we're doing.

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(518) 371-8910 1 THE PRESIDENT: Senator 2 Hassell-Thompson. 3 SENATOR HASSELL-THOMPSON: Thank 4 you, Madam President. 5 Senator Wright stole my line when 6 he said that he did not serve with her in the 7 Assembly and that he wasn't Italian. Nor am 8 I. But we have served together -- well, I may 9 be Sicilian. You don't know that. 10 (Laughter.) 11 SENATOR HASSELL-THOMPSON: But we 12 have served together in the women's caucus, 13 and I think that every characteristic, 14 particularly as I listened to Senator 15 Marcellino, are the things that I echo the 16 most. 17 In this business the thing that is 18 the most important is your word and your 19 integrity. And I'm going to miss that in the 20 women's caucus. I'm going to miss that 21 straightforward, that straight-shooting stuff. 22 And I'm going to miss the fact that we're 23 losing another woman in the Legislature. 24 But I'm glad to know that you're 25 going to continue to be in public service,

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(518) 371-8910 1 where we can be accessible to you and you to 2 us. And I want to congratulate you. 3 And as a neighbor and as a friend, 4 I congratulate you and your husband and family 5 on this appointment. 6 Thank you, Madam President. 7 THE PRESIDENT: Senator Alesi. 8 SENATOR ALESI: Thank you, Madam 9 President. 10 I came to Albany the same time that 11 Patty Acampora did. Seems like an awful long 12 time ago. We were one of the largest freshmen 13 classes in the Assembly. And like so many 14 people here, I took to her very quickly 15 because of her personality. 16 And at the time we were all charged 17 and energized with changing the way things 18 happen in Albany government. And of course 19 you can see all of the major changes that have 20 occurred in the last 12 years as a result of 21 that. 22 But I also was listening to some of 23 my colleagues who served in the Assembly with 24 Patty. And with respect to Senator Wright, he 25 said he's not from Long Island, he's not -- as

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(518) 371-8910 1 I am not. He wasn't a former colleague of 2 hers, but I am. He's not an attorney. And he 3 mentioned that he's not Italian. I can only 4 think that two out of four isn't bad, in his 5 case. 6 (Laughter.) 7 SENATOR ALESI: And in the case 8 of Senator Flanagan, who was a former 9 colleague, he said that he had to be honest 10 and remarked on Patty's beauty and how well 11 she dressed. 12 And I see Alan sitting behind her, 13 and I frankly have to say I never noticed that 14 at all. 15 (Laughter.) 16 SENATOR ALESI: But one thing I 17 can tell you is this. I really, really am so 18 happy to see this woman, who has exemplified 19 everything that women in government should 20 strive for, I'm so happy to see her make her 21 escape from the Assembly minority -- but 22 saying that knowing that she really has left 23 her mark on government. 24 Really, truly has, and has 25 contributed so much, not only as a woman in

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(518) 371-8910 1 government but as a person in government, here 2 in Albany and representing the people back 3 home. And I know that she comes from a great 4 bloodline of that kind of activity. 5 So I just want to say, in 6 expressing my happiness for Patty and for 7 Alan, that the Governor has made probably one 8 of the best choices, one of the best 9 appointments that he has made in his entire 10 tenure here. 11 And we look forward to working with 12 Patty in a new capacity and wish you the very, 13 very best. 14 THE PRESIDENT: Senator Trunzo. 15 SENATOR TRUNZO: Thank you, Madam 16 President. 17 I've had the pleasure of knowing 18 Patty for many, many years, even when she 19 worked with Assemblyman Sawicki, back in those 20 days. 21 But I also had the privilege of 22 working with her mother. Nobody has mentioned 23 Henrietta Acampora, who was supervisor of the 24 town of Brookhaven for many years. And she 25 was someone who really said what was on her

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(518) 371-8910 1 mind. And Patty has followed, just followed 2 in her mother's footsteps in telling you 3 exactly where you're at, where it's going to 4 be happening. She has no problem of mincing 5 of words. She says it as it is. 6 And I have an example from way back 7 when her mother, who came up here as 8 supervisor, was trying to get us to pass a 9 particular piece of legislation for 10 Brookhaven. And I just made a statement to 11 Henrietta saying, "Well, you know, Henny, it 12 takes three to tango in Albany, between the 13 Senate, the Assembly and the Governor." 14 And she said, "Well, you better 15 learn a new dance, Senator, because that's 16 something that has to be done." 17 And Patty would be the same way. 18 She has always done that, has been 19 straightforward. 20 I've worked with her not only 21 governmentally, but also politically, and 22 she's an outstanding politician in Suffolk 23 County and one that I will miss very much, 24 having worked with her very closely over the 25 past few years in that particular role.

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(518) 371-8910 1 At any rate, I commend the Governor 2 for making this appointment. 3 And, Patty, God bless you. The 4 best of luck to you. 5 Thank you. 6 THE PRESIDENT: Senator Nozzolio. 7 SENATOR NOZZOLIO: Thank you, 8 Madam President. 9 Madam President, I rise to 10 congratulate Governor Pataki on this wonderful 11 nomination and to associate myself with all 12 the wonderful remarks of my colleagues. That 13 the scope and breadth of them have been 14 significant, and I wish certainly to add my 15 congratulations to the nominee. 16 That often in this chamber, it 17 seems, over the past 10 years I've had the 18 responsibility of proffering the nomination of 19 the other commissioner in the family, 20 Commissioner Croce. I find myself doing that 21 chore solitarily, that we are not joined with 22 a chorus of nominee accolades that we have for 23 the current nominee. 24 And I look forward to taking this 25 transcript of the proceeding and sending it to

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(518) 371-8910 1 Patty so that she can see the scope of the 2 support that she has. And that certainly when 3 commissioner to commissioner meets to discuss 4 legislative and governmental matters, she can 5 point to the breadth of today's accolades and 6 say "Which commissioner is more popular?" 7 (Laughter.) 8 SENATOR NOZZOLIO: With all 9 kidding aside, that it's been an honor for me 10 to work with both members of the family. That 11 Alan was mentioned on a couple of occasions, 12 and that he has been an outstanding 13 Commissioner of Corrections. It's been a 14 privilege working with him. 15 Assemblywoman Acampora was a 16 neighbor of mine for many years in the 17 Legislative Office Building, and that I 18 certainly associate myself with all these 19 great remarks. A wonderful nomination. The 20 people of this state will certainly be 21 benefited from her great tutelage. 22 Congratulations. 23 Thank you. 24 THE PRESIDENT: Senator Little. 25 SENATOR LITTLE: Thank you, Madam

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(518) 371-8910 1 President. 2 I too congratulate the Governor on 3 his selection for this appointment. And I 4 could echo everyone's remarks here today, 5 because they are so true, about Patty 6 Acampora. 7 When I came to the Assembly in 8 1995, I had the good fortune of sitting next 9 to Pat. And believe me, I appreciated her 10 candor and her assistance and her direction 11 and all of the things and little tidbits of 12 advice that she gave me that helped me become 13 acclimated to life in the Assembly. She will 14 truly be a loss to the Assembly, to both 15 sides, the majority and the minority. 16 And one of the things that Senator 17 Trunzo mentioned was Pat's mother. And as we 18 would sit for hours and hours in the Assembly, 19 we always had a chance to talk about family 20 and all. And I know how proud Pat was of her 21 mother and of the family tradition of public 22 service that her mother had begun. 23 And believe me, I'm sure your 24 mother would be very proud of you today, Pat, 25 as is your entire family. And I join them in

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(518) 371-8910 1 sharing that pride. You've always given well 2 over a hundred percent to whatever job you 3 have done, and I know you will in the future. 4 Congratulations. 5 THE PRESIDENT: Senator 6 Fuschillo. 7 SENATOR FUSCHILLO: Thank you 8 very much, Madam President. 9 You know, I'm sitting here 10 listening to everybody's comments, and I just 11 want to say "ditto, ditto, ditto." 12 But I remember when I met Patty 13 from seven or eight years ago, when I first 14 got elected, and I asked her a question. And 15 she was so honest that I walked away saying, 16 Oh, my God, you know, should I fear this 17 woman, with the response that you gave me. 18 And I'm sitting here saying that if 19 I don't get up and say something nice, I'm 20 going to see her out in the halls and be on 21 the receiving end of that wrath again. 22 She is an outstanding individual. 23 What an asset to the commission you're going 24 on. I just want you to take that fight, that 25 fire in the belly that you've had for so many

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(518) 371-8910 1 years to the PSC and do the right thing for 2 the consumers, because I know you will. 3 Patty, congratulations. 4 THE PRESIDENT: Senator Smith. 5 SENATOR ADA SMITH: Thank you, 6 Madam President. 7 Jim Wright also stole my line, and 8 Senator Hassell-Thompson sort of embellished 9 upon it. 10 I may not be Italian, I may not 11 even be a Republican, but Pat Acampora is a 12 friend. And I think that we enjoy a 13 friendship because we have certain things in 14 common. We believe in honesty, and we believe 15 in telling people what we think. We also 16 believe in public service, and we believe in 17 the little man. 18 And she has done a fabulous job in 19 the Assembly and as a leader in Suffolk 20 County. She will be sorely missed by most of 21 us, especially the women. 22 And, Pat, even though you're going 23 on to something new, I know that we will be in 24 contact. And do me one favor. Please make 25 sure that we continue to have great women from

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(518) 371-8910 1 Suffolk County. Thank you. 2 I commend the Governor, and I look 3 forward to the great job that you will be 4 doing. 5 THE PRESIDENT: Senator Hannon. 6 SENATOR HANNON: Madam President, 7 I rise just to support this very important 8 nomination. 9 The most important regulatory body 10 we have in this state is the Public Service 11 Commission. Your work has just begun. What 12 in the future lies ahead for energy, for gas, 13 for electricity, for telecommunications? Your 14 challenges will be questions that weren't even 15 raised a year or two ago. 16 So we're dependent on your 17 continued use of good judgment. We've come to 18 know you as a legislative colleague, and I'm 19 delighted to be in support of your nomination. 20 Thank you. 21 THE PRESIDENT: Senator Leibell. 22 SENATOR LEIBELL: Thank you, 23 Madam President. 24 And, Pat, when you get to this 25 stage of the proceedings, there's not a lot

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(518) 371-8910 1 left for us to say. I think it's all been 2 said. 3 But we are -- as was noted by one 4 of the earlier speakers here, it's sort of 5 bittersweet today, because we are losing one 6 of the really great legislators of our 7 Capitol. 8 You are a great friend. I loved 9 serving with you in the State Assembly. I 10 learned a lot from you also. And we will miss 11 you. 12 I congratulate the Governor on this 13 appointment. And I know you will continue to 14 do a great job for the people of our great 15 state. 16 THE PRESIDENT: Senator Libous. 17 SENATOR LIBOUS: I too want to 18 rise and compliment the Governor on this 19 outstanding choice. 20 And, Pat, I'm excited now because I 21 really have tried to figure out what the PSC 22 does, and I've not been very successful. And 23 certainly Senator Wright has not been very 24 helpful, or Senator Seward. So maybe now you 25 can be helpful to me. And I think that's

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(518) 371-8910 1 very, very exciting. 2 And you have been a good friend, 3 and we've enjoyed both a personal and 4 professional relationship, not only the trips 5 with you and Alan and Fran and I to Italy and 6 other places. 7 But I just want to say that the 8 Governor has made an outstanding choice, you 9 will do an outstanding job, and we look 10 forward to seeing both of you in August in the 11 Southern Tier. 12 THE PRESIDENT: Senator Onorato. 13 SENATOR ONORATO: Madam 14 President, I join my colleagues in the 15 accolades that have been bestowed upon Pat. 16 I didn't serve in the Assembly, but 17 I did serve with her for the 10 years that she 18 was a member of the Italian-American 19 Legislators Society. And I was also 20 privileged to join her and her husband, Alan, 21 on our trip to Italy, and we had a real 22 wonderful time. 23 But during her tenure as the 24 president of the Italian-American legislators, 25 she jumped in with both feet, took the job

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(518) 371-8910 1 very, very seriously, and made a wonderful 2 show of our weekend here up in Albany. 3 And I want to wish you and your 4 family everything that I wish for my family. 5 God bless you, and good luck in your new job. 6 THE PRESIDENT: Senator Larkin. 7 SENATOR LARKIN: Thank you, Madam 8 President. 9 You know, Pat, you sit here and you 10 look down at your colleagues here from both 11 sides of the aisle. What they're saying to 12 you is we trust you, we respect you, and we 13 know that when you go into that big brown 14 building over there, when we call you, you 15 will respond to us, as we have responded to 16 you today to say this is the best choice the 17 Governor has ever made. 18 God bless you all. 19 THE PRESIDENT: Does any other 20 member wish to be heard? 21 Senator Johnson. 22 SENATOR JOHNSON: Madam 23 President, it's been a pleasure for me to 24 advance Pat's name in the Finance Committee 25 and also to hear the accolades of her friends

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(518) 371-8910 1 and members she serves with. 2 I mean, all I can say about Pat 3 Acampora is that the light's going to go on in 4 the PSC. Because when she walks down the 5 hall, when she comes and speaks with you, she 6 lightens up the room. And she's a bright, 7 intelligent lady, and she's going to do a 8 wonderful job. 9 And yes, I too would like to 10 commend the Governor. He's certainly made one 11 of the finest choices I've seen here. 12 And all the best to you, Patty, 13 your family, your husband and so on. 14 THE PRESIDENT: Thank you, 15 Senators. 16 I would also like to congratulate 17 my friend and colleague. 18 I certainly had a mixed reaction to 19 this, Pat, as you well know from our 20 conversations. A tremendous loss to us 21 professional women in elective office to see 22 you leave. But certainly a wise choice on the 23 part of the Governor. 24 I will continue to call you, as I 25 often do, whenever I have a five-minute period

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(518) 371-8910 1 when I need some advice. Who would you call 2 to know that you'll get A, B, C in five 3 minutes of savvy, candid advice. 4 Pat, you're the best. I admire 5 you, I respect you, I know that you consider 6 yourself, well so, to be the heart of your 7 family, and that's the most important thing to 8 you. That is the best quality about you that 9 we all admire. 10 Continued success. I know that 11 will happen in everything that you do. And 12 call me, please. 13 Pat, there's still time. Have you 14 changed your mind after all this? 15 Then the question is on the 16 nomination of Patricia Acampora as a member of 17 the Public Service Commission. All in favor 18 please signify by saying aye. 19 (Response of "Aye.") 20 THE PRESIDENT: Opposed, nay. 21 (No response.) 22 THE PRESIDENT: It's done. 23 Congratulations, Pat, and best 24 wishes. 25 (Extended applause.)

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(518) 371-8910 1 THE PRESIDENT: Commissioner 2 Acampora is here, as mentioned, with her 3 husband, Commissioner Alan Croce. Have a 4 fantastic celebration, to the entire family. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: As director of 8 the New York State Office for the Aging, Neal 9 E. Lane, of Wynantskill. 10 THE PRESIDENT: Senator Johnson. 11 SENATOR JOHNSON: Move the 12 nomination. 13 THE PRESIDENT: Senator Golden. 14 SENATOR GOLDEN: Thank you, Madam 15 President. 16 I rise to second the nomination 17 here today of Neal Lane and to move this 18 appointment. 19 Neal Lane is a man who has devoted 20 his career to improving the services of 21 at-risk populations, especially the at-risk 22 population of elders. And he is 23 well-respected within the aging network and 24 possesses an extensive working knowledge of 25 the health, aging and mental health service

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(518) 371-8910 1 system. 2 Neal has worked with various state 3 governments on issues of health and human 4 service policies, including services to the 5 elders, the chronically ill, the 6 cost-containment issues. And he's made 7 presentations to state, national and 8 international conferences on organizational 9 and community change, case management, and 10 long-term. We will not find a more 11 experienced man or individual in this field. 12 Looking at the costs of Medicaid 13 and Medicare here in the state of New York and 14 in this country, having the cost-containments 15 that will have to be done to be able to 16 continue the quality of life for this state is 17 going to be rather burdensome. It's going to 18 be a real -- it's going to take a real tough 19 person with a lot of experience to be able to 20 right-size this industry and to make sure that 21 the 3 million seniors today across this state 22 get the services that they require. 23 But, more importantly, over the 24 next 10 years we are going to see that number 25 double here in the state of New York. And we

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(518) 371-8910 1 need somebody of the caliber of Neal Lane. 2 And I've had the good fortune of 3 being with Neal as he's been the acting 4 director for several months now, and I've 5 introduced him on two different occasions as 6 Neal Diamond. So you can tell my age, as -- 7 because I thought he was a dynamic individual, 8 and I know that Neal Lane is a dynamic 9 individual. 10 And he will bring a lot of 11 professionalism and will continue to be able 12 to help this conference and this state to 13 right-size that industry so that we can 14 provide the services that we have to to all of 15 our seniors, and that's providing those 16 seniors those services in their homes and 17 giving them the quality, the independence, the 18 choice and the respect that those seniors 19 deserve. 20 So, Neal, good luck. 21 Congratulations. 22 And it is a privilege to second 23 this motion today. 24 THE PRESIDENT: The question, 25 then, is on the nomination of Neal E. Lane as

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(518) 371-8910 1 director of the New York State Office for the 2 Aging. 3 All in favor please signify by 4 saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The nominee is 9 hereby confirmed. 10 Director Lane is here with his 11 wife, Beth. 12 And I had the honor of working with 13 the director and leading the delegation, on 14 behalf of the Governor, to the President's 15 White House Conference on Aging. 16 I've been impressed with your 17 leadership already, and we're looking forward 18 to working with you, Director. 19 Congratulations. Best wishes. 20 (Applause.) 21 THE PRESIDENT: The Secretary 22 will continue to read. 23 THE SECRETARY: As a member of 24 the New York State Employment Relations Board, 25 Lloyd H. Demboski, of Queensbury.

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(518) 371-8910 1 THE PRESIDENT: Senator Johnson. 2 SENATOR JOHNSON: Move the 3 nomination. 4 THE PRESIDENT: Senator Little. 5 SENATOR LITTLE: Thank you. 6 It is an honor for me to stand 7 today and second the nomination of Lloyd 8 Demboski to this board, a reappointment, where 9 he has been serving for a number of years in a 10 wonderful capacity. 11 It's interesting as I stand here 12 and say that Pat Acampora was my seatmate when 13 I went to the Assembly. Well, Lloyd Demboski 14 was my seatmate when I was first elected to 15 office and served on the Warren County Board 16 of Supervisors. So I'm not sure what the 17 future holds for my seatmates here, but it 18 could be all kinds of good things. 19 Just about everyone who's a 20 long-time resident of Glens Falls or 21 Queensbury knows Lloyd Demboski and his lovely 22 wife Marguerite, who is here with him today. 23 He has been an active member of our community 24 in so many different capacities, serving on 25 different boards, working in the community

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(518) 371-8910 1 and, most importantly, serving on the Warren 2 County Board of Supervisors for a number of 3 years, where he was also the finance chairman 4 of that board. 5 He's done a great job in his 6 capacity here. He comes with a wonderful 7 background of community service, as well as an 8 education at SUNY Plattsburgh, which is also 9 in my district. 10 But I know he will continue to do a 11 great job. I'm very proud to have him as a 12 resident of my district and proud to stand 13 here and nominate him and wish him well. He's 14 been a great, great friend, a great supporter 15 for me. 16 And I can truly say that I would 17 not be standing here, nor would I have gone to 18 the Assembly, without the encouragement and 19 the real stimulus from Lloyd Demboski. He's 20 been a friend when I had some tough personal 21 times, but he was always there encouraging me. 22 And I truly thank him for his 23 support of me in the past and for the 24 wonderful job that he has done on the State 25 Employment Relations Board. And I'm looking

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(518) 371-8910 1 forward to working with him for a long, long 2 time and continuing a great friendship. 3 Congratulations. 4 THE PRESIDENT: The question is 5 on the nomination of -- 6 First of all, before we do that, 7 Senator Farley would like to be heard. 8 SENATOR FARLEY: Thank you, Madam 9 President. I also rise to second the 10 nomination of Lloyd Demboski. 11 You know, I've known him for a lot 12 of years. And for those of us that abut 13 Warren County, he was the epitome of Warren 14 County and everything that it represented. 15 And he was always very, very active in his 16 community. And every job that he had done, he 17 has done well. And he has a breadth of 18 experience. 19 And, you know, we're lucky to have 20 people like this willing to serve our 21 government. And again, we applaud the 22 Governor for choosing him. 23 And this reappointment is 24 well-deserved because you've done a great job, 25 Lloyd, as you always have.

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(518) 371-8910 1 Best wishes to you and your family. 2 THE PRESIDENT: The question now 3 is on the nomination of Lloyd H. Demboski, of 4 Queensbury, as a member of the New York State 5 Employment Relations Board. 6 All in favor please signify by 7 saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (No response.) 11 THE PRESIDENT: The nominee is 12 hereby confirmed. 13 And best wishes for a great 14 experience and continued success on the board. 15 (Applause.) 16 THE PRESIDENT: The Secretary 17 will continue to read. 18 THE SECRETARY: As a member of 19 the Adirondack Park Agency, James T. Townsend, 20 Esquire, of Rochester. 21 As trustee of the Power Authority 22 of the State of New York, Joseph J. Seymour, 23 of Glenmont. 24 As a member of the New York State 25 Energy Research and Development Authority,

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(518) 371-8910 1 Elizabeth W. Thorndike, of Pittsford. 2 As a member of the Small Business 3 Advisory Board, Ross M. Weale, of South Salem. 4 As banking member of the State 5 Banking Board, Thomas E. Hales, of Briarcliff 6 Manor. 7 As a member of the Ohio River 8 Valley Water Sanitation Commission, Thomas Lee 9 Servatius, of Fredonia. 10 As a member of the State Council on 11 the Arts, Gerald S. Lippes, Esquire, of 12 Buffalo. 13 As a member of the Mental Health 14 Services Council, Louis B. Tehan, Jr., of 15 Utica. 16 As Major General of the New York 17 State Air National Guard, Robert A. Knauff, of 18 Manilus. 19 As a member of the Board of 20 Visitors of the Buffalo Psychiatric Center, 21 Barbara A. Seals Nevergold, Ph.D., of Buffalo. 22 As a member of the Board of 23 Visitors of the Creedmoor Psychiatric Center, 24 Henry Lau Kee, of Flushing. 25 And as a member of the Board of

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(518) 371-8910 1 Visitors of the Western New York Developmental 2 Disability Services Office, Penny F. 3 Zeplowitz, of Williamsville. 4 THE PRESIDENT: Senator Johnson. 5 SENATOR JOHNSON: Move the 6 nominations. 7 THE PRESIDENT: The question is 8 on the nominations as read by the Secretary. 9 All in favor please signify by saying aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The nominees are 14 all hereby confirmed. 15 Senator Bonacic. 16 SENATOR BONACIC: Madam 17 President, can we return to motions and 18 resolutions, please. 19 THE PRESIDENT: Motions and 20 resolutions. 21 SENATOR BONACIC: I think there's 22 some housekeeping. 23 Senator Fuschillo? 24 THE PRESIDENT: Yes, there is. 25 Senator Fuschillo.

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(518) 371-8910 1 SENATOR FUSCHILLO: Thank you, 2 Madam President. 3 On behalf of Senator Spano, on page 4 number 37 I offer the following amendments to 5 Calendar Number 1030, Senate Print Number 6 3743C, and ask that said bill retain its place 7 on Third Reading Calendar. 8 THE PRESIDENT: The amendments 9 are received, and the bill will retain its 10 place on the Third Reading Calendar. 11 SENATOR FUSCHILLO: Madam 12 President, on behalf of Senator Marcellino, I 13 wish to call up Print Number 890A, recalled 14 from the Assembly, which is now at the desk. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 1267, by Senator Marcellino, Senate Print 19 890A, an act to amend the Education Law. 20 SENATOR FUSCHILLO: I now move to 21 reconsider the vote by which the bill was 22 passed. 23 THE PRESIDENT: The Secretary 24 will call the roll upon reconsideration. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. 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 Leibell, I 8 wish to call up Print Number 4537, recalled 9 from the Assembly, which is now at the desk. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: Calendar Number 13 816, by Senator Leibell, Senate Print 4537, an 14 act to amend the Not-for-Profit Corporation 15 Law. 16 SENATOR FUSCHILLO: I now move to 17 reconsider the vote by which the bill was 18 passed. 19 THE PRESIDENT: The Secretary 20 will call the roll upon reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 SENATOR FUSCHILLO: I now offer 24 the following amendments. 25 THE PRESIDENT: The amendments

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(518) 371-8910 1 are received. 2 SENATOR FUSCHILLO: Madam 3 President, on behalf of Senator Saland, I wish 4 to call up Print Number 5050, recalled from 5 the Assembly, which is now at the desk. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Calendar Number 9 1190, by Senator Saland, Senate Print 5050, an 10 act to amend the Education Law. 11 SENATOR FUSCHILLO: I now move to 12 reconsider the vote by which the bill was 13 passed. 14 THE PRESIDENT: The Secretary 15 will call the roll upon reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 SENATOR FUSCHILLO: I now offer 19 the following amendments. 20 THE PRESIDENT: The amendments 21 are received. 22 SENATOR FUSCHILLO: Madam 23 President, on behalf of Senator DeFrancisco, I 24 wish to call up Print Number 5380, recalled 25 from the Assembly, which is now at the desk.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: Calendar Number 4 1299, by Senator DeFrancisco, Senate Print 5 5380, an act to amend the Real Property Tax 6 Law. 7 SENATOR FUSCHILLO: I now move to 8 reconsider the vote by which the bill was 9 passed. 10 THE PRESIDENT: The Secretary 11 will call the roll upon reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 SENATOR FUSCHILLO: I now offer 15 the following amendments. 16 THE PRESIDENT: The amendments 17 are received. 18 SENATOR FUSCHILLO: Thank you. 19 THE PRESIDENT: Senator Brown. 20 SENATOR BROWN: Madam President, 21 I wish to call up my bill, Print Number 4776, 22 recalled from the Assembly, which is now at 23 the desk. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1352, by Senator Brown, Senate Print 4776, an 3 act to amend the Economic Development Law. 4 THE PRESIDENT: Senator Brown. 5 SENATOR BROWN: Madam President, 6 I now move to reconsider the vote by which 7 this bill was passed. 8 THE PRESIDENT: The Secretary 9 will call the roll upon reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 THE PRESIDENT: Senator Brown. 13 SENATOR BROWN: Madam President, 14 I now offer the following amendments. 15 THE PRESIDENT: The amendments 16 are received. 17 SENATOR BROWN: Thank you. 18 THE PRESIDENT: You're welcome. 19 Senator Nozzolio. 20 SENATOR NOZZOLIO: Madam 21 President, I wish to call up Bill Number Print 22 4798, recalled from the Assembly, which is now 23 at the desk. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1113, by Senator Hannon, Senate Print 4798, an 3 act authorizing. 4 THE PRESIDENT: Senator Nozzolio. 5 SENATOR NOZZOLIO: Madam 6 President, I now wish to move to reconsider 7 the vote by which this bill was passed. 8 THE PRESIDENT: The Secretary 9 will call the roll upon reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 SENATOR NOZZOLIO: Madam 13 President, I now offer the following 14 amendments. 15 THE PRESIDENT: The amendments 16 are received. 17 SENATOR NOZZOLIO: Madam 18 President, I wish to call up Bill Number Print 19 317, recalled from the Assembly, which is now 20 at the desk. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: Calendar Number 24 190, by Senator Saland, Senate Print 317, an 25 act to amend the Education Law.

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(518) 371-8910 1 SENATOR NOZZOLIO: I now move to 2 reconsider the vote by which this 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, 58. 8 SENATOR NOZZOLIO: I now offer 9 the following amendments. 10 THE PRESIDENT: The amendments 11 are received. 12 Senator Bonacic. 13 SENATOR BONACIC: Thank you, 14 Madam President. Can we now proceed with the 15 noncontroversial reading of the calendar. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 363, by Senator LaValle, Senate Print 2069, an 20 act to amend Vehicle and Traffic Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 30th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 371, by Member of the Assembly Abbate, 7 Assembly Print Number 7616, an act to amend 8 the Civil Service 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. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 435, by Senator Robach, Senate Print 3179, an 20 act to amend the Civil Service Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 554, by Senator Padavan, Senate Print 3934, an 7 act to amend the Administrative Code of the 8 City of New York. 9 THE PRESIDENT: There is a 10 home-rule message at the desk. 11 Read the last 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 20 614, by Member of the Assembly Rivera, 21 Assembly Print Number 6886A, an act to amend 22 the General Business Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 642, by Senator Robach, Senate Print 3185, an 9 act to amend the Civil Service 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 20 774, by Senator Spano, Senate Print 3906, an 21 act to amend the Civil Rights Law. 22 THE PRESIDENT: Read the last 23 section. 24 SENATOR BONACIC: Lay that bill 25 aside for the day, please.

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(518) 371-8910 1 THE PRESIDENT: The bill is laid 2 aside for the day. 3 THE SECRETARY: Calendar Number 4 809, by Senator Farley, Senate Print 3110A, an 5 act to amend the Public Authorities Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE PRESIDENT: Senator Klein, to 13 explain your vote. 14 SENATOR KLEIN: Thank you, Madam 15 President. 16 While I laud the sponsor's attempt 17 in this legislation to allow libraries to pool 18 their resources to be able to work through the 19 Dormitory Authority, I'm disappointed that 20 there's nothing in this legislation or 21 anything we've done thus far to address the 22 important problem in reforming our 23 authorities. 24 I think a case in point is 25 something that happened several years ago, and

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(518) 371-8910 1 Newsday covered it extensively out in Long 2 Island, where two brothers, called the 3 Stubbolo Brothers, were getting very, very 4 lucrative contracts to do work for the 5 Dormitory Authority at SUNY-Old Westbury. 6 Here were two gentlemen who really 7 lacked the experience to do very large 8 public-work jobs, but year after year were 9 getting very lucrative contracts because of 10 political connections, and one of them was to 11 the tune of $27.9 million. The state 12 eventually canceled their contracts because of 13 the shoddy workmanship, their inability to 14 complete the job properly. 15 But yet this is what goes on, 16 unfortunately, day after day with all our 17 authorities. There's no oversight. There's 18 absolutely no transparency in any of these 19 contracts. And unfortunately, it's the 20 taxpayers who are suffering each and every 21 day. 22 State Comptroller Alan Hevesi put 23 out a very, very important report, I believe, 24 which showed that of course there's 25 640 authorities in New York State, and these

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(518) 371-8910 1 public authorities are responsible for 2 90 percent, 90 percent of our debt in the 3 State of New York. Seventeen of the public 4 authorities have a total of $105 billion of 5 debt outstanding including, $33.8 billion in 6 state-supported debt. 7 This is a huge problem. And this 8 problem is spiralling out of control each and 9 every day. 10 While I support the intent of this 11 legislation and intend to vote yes, I'm very 12 disappointed that we have yet to address the 13 very, very important problem of reforming our 14 authorities in the State of New York. 15 Thank you, Madam President. 16 THE PRESIDENT: You will be 17 recorded as voting in the affirmative, 18 Senator. 19 The Secretary will announce the 20 results. 21 THE SECRETARY: Ayes, 59. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 826, by Senator Meier, Senate Print 3158B, an

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(518) 371-8910 1 act to amend the Parks, Recreation and 2 Historic Preservation -- 3 SENATOR LIZ KRUEGER: Lay it 4 aside. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 867, by Senator DeFrancisco, Senate Print 9 4854, an act to amend the New York City Civil 10 Court Act and others. 11 SENATOR BONACIC: Madam 12 President, could we have that laid aside for 13 the day, please. 14 THE PRESIDENT: Yes, this bill is 15 laid aside for the day. 16 THE SECRETARY: Calendar Number 17 928, by Senator Saland, Senate Print 4602A, an 18 act to amend the Public Authorities Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 936, substituted earlier today by Member of 5 the Assembly Canestrari, Assembly Print Number 6 3000B, an act authorizing a certain housing 7 authority to sell or lease. 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 18 994, by Member of the Assembly Bing, Assembly 19 Print Number 3454A, an act to amend the State 20 Finance Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 7. This 24 act shall take effect on the first of January. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: Senator Krueger, 3 to explain your vote. 4 SENATOR LIZ KRUEGER: Thank you, 5 Madam President. 6 I rise to support this bill. I'm 7 very glad that we are moving forward in the 8 State of New York to address problems with the 9 not-for-profit sector and state contracts. 10 I ran not-for-profit organizations 11 that had state contracts for many years before 12 I joined the Legislature, and I share my 13 colleagues' concern in both houses that we do 14 an unjustice, a disjustice to not-for-profit 15 organizations. 16 We ask them to do the work of the 17 State of New York, they provide excellent 18 services throughout our communities, and yet 19 not-for-profits constantly find themselves in 20 delayed holding patterns hoping to get paid by 21 the state in time to make payroll. 22 I would like to highlight one 23 serious problem that this bill does not 24 address and cannot address, and that is the 25 fact that when we don't get a budget done on

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(518) 371-8910 1 time, then the agencies don't have the 2 authority to continue contracting, therefore 3 leaving not-for-profits in the desperate 4 situation of continuing services even though 5 they can't have a new contract or get paid, or 6 choosing to end their services, laying off 7 staff, disrupting the programs they are 8 operating only in hopes that we might get our 9 work done in time for them to continue their 10 programs without their staff having taken 11 other jobs. 12 So in fact this year I think most 13 not-for-profits in the State of New York are 14 living happily under the situation that our 15 budget was done on time. But I do think, in 16 the context of this bill, it's worthwhile 17 reminding ourselves one other reason it is so 18 important to get our budgets done both timely 19 and well. 20 Thank you, Madam President. I'll 21 be voting yes. 22 THE PRESIDENT: You will be 23 recorded as voting in the affirmative, 24 Senator. 25 The Secretary will announce the

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(518) 371-8910 1 results. 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1128, by Senator Johnson, Senate Print 5281, 7 an act to amend the Public Authorities Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1140, by Senator LaValle, Senate Print 718, an 19 act to amend the Workers' Compensation Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1141, by Senator Fuschillo, Senate Print 3013, 6 an act to amend the Labor Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1164, by Senator Padavan, Senate Print 4565, 18 an act to amend the Administrative Code of the 19 City of New York. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1165, by Senator Padavan, Senate Print 4575, 6 an act to amend the Administrative Code of the 7 City of New York. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1188, substituted earlier today by Member of 19 the Assembly Tonko, Assembly Print Number 20 5881B, an act to amend the Tax 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 1204, by Senator Balboni, Senate Print 3504, 7 an act to amend the Military 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 1239, by Senator Nozzolio, Senate Print 1750, 19 an act to amend the Election Law. 20 SENATOR SCHNEIDERMAN: Lay it 21 aside. 22 THE PRESIDENT: The bill is laid 23 aside. 24 THE SECRETARY: Calendar Number 25 1271, by Senator Saland, Senate Print 5048A,

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(518) 371-8910 1 an act to amend the Education Law. 2 SENATOR BONACIC: Madam 3 President, could we lay it aside for the day, 4 please. 5 THE PRESIDENT: The bill is laid 6 aside for the day. 7 THE SECRETARY: Calendar Number 8 1305, by Member of the Assembly Nolan, 9 Assembly Print Number 1911, an act to amend 10 the Banking 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, 60. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1313, by Member of the Assembly Cahill, 22 Assembly Print Number 4431A, an act to amend 23 the Education 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, 60. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1416, by Member of the Assembly Farrell, 10 Assembly Print Number 7348, an act to amend 11 the Local Finance Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1431, by Senator Oppenheimer, Senate Print 23 3745, an act to reopen the optional 24 twenty-year retirement plan. 25 THE PRESIDENT: There is a

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(518) 371-8910 1 home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1451, by Senator Nozzolio, Senate Print 5523, 12 an act to amend the Executive Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 30th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1531, by Senator Fuschillo, Senate Print 787, 24 an act to amend the Tax Law. 25 THE PRESIDENT: There is a local

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(518) 371-8910 1 fiscal impact note at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first day of a 5 sales tax quarterly period. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1532, by Senator Trunzo, Senate Print 2460, an 13 act to amend the Civil Service Law. 14 THE PRESIDENT: There is a 15 home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1533, by Senator Libous, Senate Print 2496, an

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(518) 371-8910 1 act to amend the Tax 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, 60. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1534, by Senator Johnson, Senate Print 3044A, 13 an act to amend the Real Property Tax Law and 14 the Environmental Conservation Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1537, by Senator Spano, Senate Print 5116, an

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(518) 371-8910 1 act to amend the Environmental Conservation 2 Law. 3 SENATOR SCHNEIDERMAN: Lay that 4 one aside for sure. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 1538, by Senator Maziarz, Senate Print 5173, 9 an act to amend Chapter 218 of the Laws of 10 2004. 11 SENATOR BONACIC: Could we have 12 that laid aside for the day, please. 13 THE PRESIDENT: The bill is laid 14 aside for the day. 15 THE SECRETARY: Calendar Number 16 1539, by the Senate Committee on Rules, Senate 17 Print Number 5180, an act authorizing the 18 assessor of the Town of Delaware. 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, 60.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1540, by Senator Johnson, Senate Print 5270 -- 5 SENATOR SCHNEIDERMAN: Lay it 6 aside. 7 THE PRESIDENT: The bill is laid 8 aside. 9 THE SECRETARY: Calendar Number 10 1541, by the Senate Committee on Rules, Senate 11 Print Number 5272, an act to amend the Tax 12 Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1543, by Senator Winner, Senate Print 5385, an 24 act to amend the Tax Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1544, by Senator Meier, Senate Print 5393, an 11 act to amend the Family Court Act and the 12 Executive Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 5. This 16 act shall take effect on the 90th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1545, by Senator Saland, Senate Print 5435, an 24 act to amend the Education Law and the State 25 Finance Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 5. This 4 act shall take effect on the first of 5 September. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. Nays, 9 1. Senator Meier recorded in the negative. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1546, substituted earlier today by Member of 14 the Assembly Gantt, Assembly Print Number 15 7282, an act relating to transportation 16 contracts. 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, 60. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1547, substituted earlier today by Member of 3 the Assembly McEneny, Assembly Print Number 4 8100, an act to amend Chapter 69 of the Laws 5 of 1992. 6 THE PRESIDENT: Read the last 7 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: Ayes, 60. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1550, by Senator Spano, Senate Print 5546, an 17 act to amend the Tax Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the same date and in 22 the same manner as Section 3 of Part A of 23 Chapter 58 of the Laws of 2005. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1551, by Senator Morahan, Senate Print 5559, 6 an act to amend the Mental Hygiene 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, 60. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1552, substituted earlier today by Member of 18 the Assembly Parment, Assembly Print Number 19 8043A, an act in relation to creating. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1553, by Senator Balboni, Senate Print 5594, 6 an act to amend the Public Authorities Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1555, by Senator Balboni -- 18 SENATOR SCHNEIDERMAN: Lay it 19 aside. 20 THE PRESIDENT: The bill is laid 21 aside. 22 THE SECRETARY: Calendar Number 23 1556, substituted earlier today by Member of 24 the Assembly Tokasz, Assembly Print Number 25 6791, an act to amend the Penal Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1562, by Senator Maziarz, Senate Print 5639, 12 an act to amend the Parks, Recreation and 13 Historic Preservation Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1565, substituted earlier today by Member of 25 the Assembly Sweeney, Assembly Print Number

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(518) 371-8910 1 7599, an act to amend the General Municipal 2 Law and the Volunteer Firefighters Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the 30th day. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1566, by Senator Trunzo, Senate Print 5653 -- 14 SENATOR SCHNEIDERMAN: Lay it 15 aside. 16 THE PRESIDENT: The bill is laid 17 aside. 18 Senator Bonacic, that completes the 19 non -- 20 SENATOR TRUNZO: Madam President. 21 THE PRESIDENT: Senator Trunzo. 22 SENATOR TRUNZO: Lay that bill 23 aside for the day. 24 THE PRESIDENT: The last bill is 25 now laid aside for the day.

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(518) 371-8910 1 SENATOR TRUNZO: Thank you. 2 THE PRESIDENT: Senator Bonacic, 3 that completes the noncontroversial reading of 4 the calendar. 5 SENATOR BONACIC: Thank you, 6 Madam President. Can we now proceed with the 7 controversial reading of the calendar. 8 THE PRESIDENT: The Secretary 9 will ring the bell, and the members should 10 return to their seats. 11 Senator Bonacic. 12 SENATOR BONACIC: Madam 13 President, can we proceed with Calendar 826, 14 by Senator Meier, Senate Print 3158B, please. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 826, by Senator Meier, Senate Print 3158B, an 19 act to amend the Parks, Recreation and 20 Historic Preservation Law. 21 SENATOR LIZ KRUEGER: 22 Explanation. 23 THE PRESIDENT: Senator Meier, an 24 explanation has been requested. 25 SENATOR MEIER: Thank you, Madam

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(518) 371-8910 1 President. 2 This is a bill which deals with the 3 subject of snowmobiling, which in my 4 district -- which extends from Central 5 New York to the Canadian border -- is not just 6 a sport or a way that people go out and have 7 some recreation, it is also a major part of 8 the wintertime economy throughout upstate and 9 northern New York. 10 And this bill does a number of 11 things which are designed to make that sport 12 more enjoyable and to allow people to conduct 13 it more safely. Part of it is modeled after 14 legislation which was passed here in New York, 15 prior to my service in the Legislature, 16 dealing with the skiing industry. 17 And it, somewhat parallel to what 18 was done with skiing, tried to address some of 19 the problems that ski facility operators had 20 in terms of liability and securing liability 21 insurance, not by immunizing them but by 22 setting forth a code of conduct. And that is 23 in the bill, a code of conduct for people 24 operating a snowmobile in terms of clearly 25 spelling out what are safe operating

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(518) 371-8910 1 procedures and so forth. 2 That portion of the bill is both 3 designed to promote safety as well as to 4 promote an environment where the insurance 5 market is more accessible for snowmobile clubs 6 and for snowmobile trails. 7 This also provides for certain 8 requirements for youthful snowmobile operators 9 in terms of attending courses of instruction 10 and obtaining a certificate of completion of 11 that course. 12 It creates a two-tier system for 13 the payment of registration fees, and provides 14 for a lower registration fee for those who are 15 members of recognized trail-grooming 16 organizations. Those are referred to 17 sometimes as snowmobile clubs. 18 And the reason for that 19 differential is a very important one. Under 20 the existing law, the clubs are the mechanism 21 through which we pass the funds from the 22 snowmobile registrations. The clubs literally 23 build and maintain the trail system. And the 24 purpose of the differential in the 25 registration fee is to promote and stabilize

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(518) 371-8910 1 that club system of grooming and promoting 2 these trails. 3 As I say, this recognizes that this 4 is not just recreation but indeed business and 5 even big business throughout upstate New York. 6 Thank you, Madam President. 7 THE PRESIDENT: Senator Krueger. 8 SENATOR LIZ KRUEGER: Madam 9 President, if the sponsor would please yield. 10 THE PRESIDENT: Senator Meier, 11 will you yield for a question? 12 SENATOR MEIER: Of course. 13 THE PRESIDENT: You may proceed 14 with a question, Senator. 15 SENATOR LIZ KRUEGER: Under this 16 law, what age would people be allowed to drive 17 snowmobiles? 18 SENATOR MEIER: Well, this 19 contemplates that that would begin -- well, 20 under present law it's age 10. This law does 21 not change that. 22 However, it does make a change to 23 the circumstances, which would say from 10 to 24 14 the individual would have to have both 25 completed the course and received a

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(518) 371-8910 1 certificate of having completed the safe 2 snowmobiling course. And, secondly, the 3 element that is added that is not in present 4 law is that they would have to be accompanied 5 by an operator 18 years of age or older. And 6 "accompanied" is defined in the law as being 7 within 500 feet of the juvenile. 8 When we get to age 14 and above, up 9 to 18, they can operate a snowmobile without 10 that immediate adult supervision, but they 11 have to have the same certificate of 12 completing the course. 13 And then, over 18, neither the 14 course nor any accompaniment is required. 15 SENATOR LIZ KRUEGER: Madam 16 President, if the sponsor would continue to 17 yield. 18 THE PRESIDENT: Senator Meier, 19 will you yield for another question? 20 SENATOR MEIER: Yes, Madam 21 President. 22 THE PRESIDENT: You may proceed, 23 Senator. 24 SENATOR LIZ KRUEGER: How fast do 25 snowmobiles go?

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(518) 371-8910 1 SENATOR MEIER: Well, snowmobiles 2 can vary. It depends upon the engine size. 3 It depends upon a number of factors. But they 4 can go very fast, Senator, or they can go very 5 slow. 6 SENATOR LIZ KRUEGER: Madam 7 President, if the sponsor would continue to 8 yield. 9 THE PRESIDENT: Senator Meier, do 10 you yield? 11 SENATOR MEIER: Of course. 12 THE PRESIDENT: You may proceed, 13 Senator. 14 SENATOR LIZ KRUEGER: I do 15 recognize there are different models. Do you 16 know what the average maximum speed of 17 snowmobiles in New York are? 18 SENATOR MEIER: Well, average 19 maximum speed I don't know. But, I mean, 20 let's say this. It is not unusual -- to get 21 to whatever the point is you want to make, it 22 would not be unusual for a snowmobile of 23 average make or model to be able to achieve 24 speeds over 60 miles per hour. 25 Now, I might add that it is not

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(518) 371-8910 1 unusual for the nice people who manufacture 2 cars to manufacture automobiles that routinely 3 go over 100 miles an hour. It is neither 4 advisable nor legal to operate them at those 5 speeds under most conditions. 6 SENATOR LIZ KRUEGER: Thank you. 7 Madam President, if the sponsor 8 would continue to yield. 9 THE PRESIDENT: Senator Meier, do 10 you continue to yield? 11 SENATOR MEIER: Yes, Madam 12 President. 13 THE PRESIDENT: You may proceed, 14 Senator. 15 SENATOR LIZ KRUEGER: Do you know 16 what the average weight of an average 17 snowmobile is? 18 SENATOR MEIER: Well, I don't 19 know if averages are particularly helpful 20 here. My grandfather used to say if you're 21 standing with one foot in a buffet of ice 22 water and one foot in a bucket of boiling 23 water, on average you're comfortable. 24 (Laughter.) 25 SENATOR MEIER: So the average is

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(518) 371-8910 1 not particularly helpful here. 2 But the weight of an average 3 snowmobile would be, I don't know more, than a 4 breadbox but less than a car. 5 SENATOR LIZ KRUEGER: Thank you, 6 Madam President. On the bill. 7 THE PRESIDENT: You may proceed 8 on the bill, Senator. 9 SENATOR LIZ KRUEGER: Thank you. 10 I have a feeling I would like 11 Senator Meier's grandfather. He showed common 12 sense. 13 My concern about this bill, and 14 it's specifically around the age limits for 15 children driving snowmobiles and the safety 16 factor, is that according to the federal 17 government, the average snowmobile currently 18 weighs 600 pounds, that they go a maximum 19 speed of 90 to 100 miles an hour. 20 And yes, it's true, common sense 21 would argue that perhaps you shouldn't drive 22 at those speeds. Children in particular tend 23 not to always follow the rules or have any 24 sense of their own mortality or have the 25 fastest response times when they are in a

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(518) 371-8910 1 driving situation. 2 And I would argue that the reason 3 that the State of New York has limits on 4 driver's licenses, age limit, is because we 5 recognize that automobiles are large, they can 6 go fast, they can be dangerous. The data 7 shows that the same is true for snowmobiles. 8 And so in fact the data from any 9 number of national studies shows that they are 10 dangerous items. That children are at risk of 11 snowmobile-related injury from being the 12 operators the bystanders, or passengers. That 13 pediatric snowmobile-related injuries are 14 often a result of risk-taking behavior of the 15 child or the parent. That the rate of 16 snowmobile accidents in this country has not 17 been going down for the last 10 years. 18 That males younger than 16 years 19 old are more than three times as likely as 20 females of the same age to sustain a 21 snowmobile-related injury, although I wouldn't 22 have a gender-specific age eligibility for 23 snowmobiling. 24 The same data -- this, by the way, 25 is from the National Safety Database -- shows

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(518) 371-8910 1 that from January '93 to December '95, 2 basically a one-and-a-half-year period -- 3 excuse me, two-year period, there were 10,628 4 snowmobile-related injuries to children 5 younger than 16 years old. The cost of the 6 injuries -- excuse me, for this three-year 7 period -- was over $84 million, or close to 8 $8,000 per injury. That among children 9 treated for snowmobile-related injuries, the 10 most commonly treated areas included the lower 11 extremities and the head and neck. 12 Further, that the most common 13 mechanism of injury are falls off the machines 14 and collisions. And again, whether a parent 15 is within 500 feet of you or not, as this law 16 would require, that would not affect the rate, 17 I believe, of falling off machines or hurting 18 yourself or collisions with others. 19 The number of children who lose 20 control of their snowmobiles and are injured 21 suggests that a certain level of skill is 22 required to operate these large, heavy, fast 23 machines. And children are often not large 24 enough to control the weight, speed and power 25 of these snowmobiles. Which, by the way, are

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(518) 371-8910 1 getting larger and getting faster over time. 2 Children younger 16 years of age 3 who receive treatment for an injury were more 4 commonly injured as passengers. So even 5 having children riding as passengers, not 6 driving the machine themselves, can be a 7 serious problem. 8 Children are less likely to be 9 wearing a helmet, even if it's the law of the 10 state, and more likely to be struck by another 11 motor vehicle when compared to snowmobilers 12 over 16 years of age who were treated for 13 snowmobile-related injuries. 14 Studies in selected geographical 15 regions of North America suggest that children 16 are involved in between 10 and 30 percent of 17 all snowmobile-related injuries. Data across 18 the studies cannot be analyzed because of 19 differences in the different state laws. 20 The American Academy of Pediatrics 21 states that operating snowmobiles is 22 inappropriate for children younger than 23 16 years of age. 24 The American Academy of Surgeons' 25 Injury Prevention and Control Committee also

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(518) 371-8910 1 has proposals that recreational operation of 2 snowmobiles is inappropriate for children and 3 adolescents. 4 The National Children's Center for 5 the Rural and Agricultural Health and Safety 6 Center also urge that we don't allow people 7 below the age of 16 to drive snowmobiles. 8 They highlight similar research and document 9 that from -- during 1990 to 1998, the total 10 estimated cost associated with youth 11 snowmobile injuries were over $1 billion. 12 They specifically urge that no one under the 13 age of 6 should be allowed on a snowmobile and 14 no one under the age of 16 should be allowed 15 to drive a snowmobile. 16 Further, the Yellowstone National 17 Park Park Service Data Report shows that 18 nationally 15,000 people a year are treated in 19 emergency rooms for snowmobile-related 20 injuries, at an average cost of $16,000 a 21 year, double the cost for children-only 22 injuries, but nonetheless very serious 23 numbers. 24 And a recent study done by 25 New Mexico State University found that people

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(518) 371-8910 1 who snowmobile frequently are almost nine 2 times more likely to suffer death or injury in 3 accidents than automobile drivers on a 4 per-mile comparison. Snowmobiling is 5 statistically much more dangerous, from an 6 injury perspective, than automobiles. And 7 again, we say that you have to be at least 17 8 to drive an automobile, a less dangerous 9 vehicle in this country. 10 Again, the advances in snowmobiles' 11 power, weight, traction, coupled with an 12 industry message to conquer the mountain by 13 driving up steep faces have made snowmobilers 14 the U.S.'s likeliest victims of fatality by 15 avalanche. During the 14 winters from 1985 to 16 1998, more snowmobile operators died in 17 avalanches than did any other use group, and 18 avalanche fatalities are on the rise. 19 I could make the argument that 20 snowmobiles might be too dangerous for all of 21 us, but I won't. I'll only argue that we 22 should not allow children 10 to 16 to be 23 driving these vehicles. They present a danger 24 not only to the riders but to non-motorized 25 recreationalists, including cross-country

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(518) 371-8910 1 skiers and snowshoers. 2 And while traveling at high speeds 3 on winding trails, it is difficult for 4 snowmobile operators to tell whether a 5 slower-moving skier or snowshoer is ahead. 6 This problem is compounded during night 7 operation, because braking distances far 8 exceed the range of standard snowmobile 9 headlights. 10 To go on, the American Academy of 11 Pediatrics did their own analysis of 12 fatalities through the National Electronic 13 Injury Surveillance System of the U.S. 14 Consumer Product Safety Commission, 15 highlighting again that we have not increased 16 the safety of snowmobiles over the last 17 10 years, and that in fact evidence is that, 18 even with safety programs, children and youth 19 operate snowmobiles less safely than adults, 20 are more likely to do harm to themselves and 21 others. And they also recommend that 22 recreational operation of snowmobiles is 23 inappropriate for children and young 24 adolescents. Children younger than 16 should 25 not operate snowmobiles.

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(518) 371-8910 1 Furthermore, children younger than 2 6 do not have the strength or stamina to be 3 transported safely as passengers. And they 4 urge that we also do not allow children and 5 adolescents to be driving or passengers on 6 snowmobiles. 7 So I -- no doubt this bill will 8 pass. But I hope that my colleagues will 9 consider that one can support the activity of 10 snowmobiling, one can recognize that it is, as 11 Senator Meier pointed out, a sport that does 12 not only give great pleasure to many people 13 who drive snowmobiles, that it is a major 14 economic, I suppose, revenue producer for his 15 area and other areas of the state, but that 16 the medical community, the national safety 17 community, all urge that we do not let young 18 people under 16 drive these. 19 And I would hope that the State of 20 New York would want to consider the welfare of 21 our children and their safety when making 22 decisions about recreational sports 23 activities. So I'll be voting no on this bill 24 because of that, Madam President. 25 Thank you.

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(518) 371-8910 1 THE PRESIDENT: Senator Meier. 2 SENATOR MEIER: Thank you, Madam 3 President. 4 THE PRESIDENT: You're welcome. 5 SENATOR MEIER: And I thank 6 Senator Krueger for her comments and for her 7 continuing concern about the safety of my 8 constituents. This is part of a pattern. I 9 know she's very concerned about children also 10 being permitted to hunt or to engage in 11 archery. 12 And I love Liz Krueger, but let's 13 face it, she lives in daily fear that 14 someplace, somewhere in upstate New York, 15 somebody might be having fun. It's just a 16 terrible situation. 17 (Laughter.) 18 SENATOR MEIER: And, Senator, at 19 the risk of unleashing your wrath further, I 20 invite your attention to the rash of 21 playground accidents that take place, probably 22 in your very district, on jungle gyms and 23 swing sets and those most insidious traps of 24 all that injure our children, diving boards 25 and swimming pools.

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(518) 371-8910 1 Is there no end to the peril that 2 we subject children to in this state? 3 (Laughter; applause.) 4 SENATOR LIZ KRUEGER: Madam 5 President. 6 THE PRESIDENT: Senator Krueger. 7 SENATOR KRUEGER: Madam 8 President, I appreciate my colleague's levity. 9 THE PRESIDENT: Are you on the 10 bill, Senator? 11 SENATOR LIZ KRUEGER: I am on the 12 bill. 13 THE PRESIDENT: No questions, you 14 you're on the bill. You may proceed. 15 SENATOR LIZ KRUEGER: Thank you. 16 I am on the bill. 17 I don't believe that I don't want 18 children to have fun. But we make decisions 19 about what is safe for children. And I 20 would -- I will go and do the research on 21 playgrounds and on diving boards and on other 22 fun activities for children, and I doubt that 23 I will find statistics that show that those 24 activities are more dangerous than being in a 25 car on a highway.

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(518) 371-8910 1 And that one has to make decisions 2 about the safety of children, and that one has 3 to make good judgments as legislators about 4 what is safe and what is not safe for 5 children. 6 And Senator Meier is right, I am 7 also concerned about young children hunting. 8 But the statistics are that they would be much 9 safer hunting than they would be driving 10 snowmobiles. So I won't change my position on 11 children hunting with bows and arrows for 12 bear. I would point out that statistically 13 they would be safer if they spent their 14 leisure time doing that than driving 15 snowmobiles. 16 But again, fishing is a lovely 17 sport that I'm sure is active in your 18 district. Skiing and snowboarding is safer -- 19 you don't allow fishing for children? I'm 20 sorry. I'm sure we allow fishing for 21 children, snowboarding, skiing. There are so 22 many wonderful outdoor activities that don't 23 involve putting children's lives at risk. 24 So again, with all due respect to 25 my colleague, I do think I recognize the

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(518) 371-8910 1 importance of children having fun. But I want 2 them to live past their 16th birthday so that 3 they can have fun when they're adults as well. 4 Thank you, Madam President. 5 THE PRESIDENT: Senator Valesky. 6 SENATOR VALESKY: Thank you, 7 Madam President. On the bill, briefly. 8 THE PRESIDENT: You may proceed, 9 Senator. 10 SENATOR VALESKY: I rise simply 11 to thank Senator Meier for bringing this bill 12 to the floor. 13 And I think it's important for the 14 record to show that the New York Snowmobile 15 Association has requested this step. They 16 have asked that we help make their sport 17 safer. 18 So whether it's the snowmobile 19 safety code that is included in Senator 20 Meier's legislation, it comes to us from their 21 request. A 55-mile-an-hour speed limit, which 22 is strongly supported by the Sheriffs 23 Association of the State of New York as well, 24 comes to us through the request of 25 snowmobilers themselves.

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(518) 371-8910 1 So I will be supporting this bill 2 and again thank Senator Meier for the work 3 that he has done. 4 THE PRESIDENT: Does any other 5 member wish to be heard? 6 Then the debate is closed -- the 7 debate is closed. 8 The Secretary will ring the bell. 9 Read the last section. 10 THE SECRETARY: Section 11. This 11 act shall take effect on the 180th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE PRESIDENT: Senator Bonacic, 15 first, to explain his vote. 16 SENATOR BONACIC: Thank you, 17 Madam President. 18 I represent the Catskill region, 19 and snowmobiling is an integral part not only 20 of recreation but our tourist industry. And I 21 want to thank Senator Meier for bringing this 22 bill forward. 23 I want to thank the snowmobile 24 industry for stepping up and taking 25 responsibility, for providing safety courses

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(518) 371-8910 1 and recommending that this legislation have 2 more safety provisions for children. 3 You know, we can talk about a 4 variety of sports that are dangerous, whether 5 it's skiing, roller skating, skate boarding. 6 But that's what parents are for. To buy a 7 snowmobile is very expensive, and parents are 8 involved. And they have the primary 9 responsibility of taking care of their 10 children, and they know what danger is and 11 what recreation is. 12 So, Senator Meier, we thank you for 13 this legislation. I vote in the affirmative. 14 Thank you, Madam President. 15 THE PRESIDENT: Senator Bonacic, 16 you will be recorded as voting in the 17 affirmative. 18 Senator Stachowski, to explain your 19 vote. 20 SENATOR STACHOWSKI: Madam 21 President, I'd like to congratulate Senator 22 Meier for bringing this forward, congratulate 23 the snowmobilers for suggesting this and 24 having the safety courses. 25 Snowmobiling is a large

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(518) 371-8910 1 recreational sport out our way too. Myself 2 and Senator Volker, as we border each other, 3 have lots of trails that we share that people 4 drive regularly, not only they, but their 5 families. 6 And so that to see that children 7 will have a safety course first now -- because 8 right now the parent usually shows the child 9 how to use the snowmobile, maybe not being as 10 completely aware of safety things they should 11 learn as the people in the snowmobile 12 association would be. And I think this will 13 make it a much safer sport. 14 And I support this bill. I only 15 hope that someday you have something that will 16 stop that severe threat of kids crossing 17 streets. Because if you can stop them from 18 doing that, none of them will get hit by cars. 19 THE PRESIDENT: Senator 20 Stachowski, you will be recorded as voting in 21 the affirmative. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 826: Senator

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(518) 371-8910 1 L. Krueger. 2 Those Senators absent from voting: 3 Brown, DeFrancisco, Duane, Sampson and Seward. 4 Ayes, 56. Nays, 1. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1239, by Senator Nozzolio, Senate Print 1750, 9 an act to amend the Election Law. 10 SENATOR SABINI: Explanation. 11 SENATOR SCHNEIDERMAN: 12 Explanation. 13 THE PRESIDENT: Senator Nozzolio, 14 an explanation has been requested. 15 SENATOR NOZZOLIO: Thank you, 16 Madam President. 17 The measure before us will change 18 and alter and reform the manner in which the 19 electors chosen by this state to vote in 20 presidential elections are determined. 21 If there was anything that educated 22 the public about the way we elect, the manner 23 in which we elect the president, it was 24 demonstrated during the 2000 presidential 25 election, where most people didn't realize

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(518) 371-8910 1 that the presidents of our nation were not 2 chosen directly by popular vote but rather 3 through the electoral college and the 4 electoral voting process. 5 That, coupled with the 6 understanding that New York for the longest 7 time has not been what's been characterized by 8 the political pundits as a battleground state, 9 in effect a state that was ignored, in most 10 cases, during the presidential election 11 process. 12 We are a blue state. We have been 13 a blue state. That blue-state 14 characterization basically tells those who are 15 running for president you need not come to 16 New York State because the outcome is 17 virtually predetermined. Whereas in Ohio and 18 Pennsylvania, close by New York, we have 19 aggressive presidential campaigns throughout 20 the year. 21 One need only have traveled to 22 Pennsylvania last election, the 2004 election, 23 and there was tremendous activity on the 24 television, candidates visiting the state many 25 times. New York, just over the border, was

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(518) 371-8910 1 virtually ignored during the months of the 2 presidential election. 3 I think it's also important in this 4 reform to realize that one vote more would 5 cast the entire state's election to one 6 candidate. Now, that's certainly been the 7 history of the way we have chosen a president, 8 but that's not necessarily the way the 9 founders required it to be. 10 In fact, the Constitution of the 11 United States provides the option for states 12 to choose the manner in which presidential 13 electors are chosen. And a variety of states 14 are beginning to examine whether or not they 15 should change their rules. The states of 16 Maine and Nebraska have already changed their 17 rules to allow for this type of a process. 18 ACTING PRESIDENT YOUNG: Senator 19 Schneiderman. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Madam President. Through you, if the sponsor 22 would yield for some questions. 23 ACTING PRESIDENT YOUNG: Does the 24 sponsor yield? 25 SENATOR NOZZOLIO: Yes, Madam

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(518) 371-8910 1 President. 2 SENATOR SCHNEIDERMAN: Does this 3 legislation change the process by which 4 major-party candidates get on the ballot in 5 New York? 6 SENATOR NOZZOLIO: Madam 7 President, it is not the intention that the 8 that the election process relative to 9 candidate selection of individual party 10 candidates, large party or small, be altered 11 by this measure. 12 SENATOR SCHNEIDERMAN: Through 13 you, Madam President, if the sponsor would 14 continue to yield. 15 SENATOR YOUNG: Senator Nozzolio, 16 do you continue to yield? 17 SENATOR NOZZOLIO: Yes, Madam 18 President. 19 SENATOR SCHNEIDERMAN: So just so 20 I'm clear, because the first portion of this 21 legislation does discuss the petitioning 22 process by which candidates get on the ballot, 23 it appears to change at least the way 24 independent candidates -- i.e., not candidates 25 of a major party -- get on the ballot.

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(518) 371-8910 1 And the question is, does this in 2 any way affect the petitioning process or the 3 nomination process by which any candidates get 4 on the November ballot in New York State? 5 SENATOR NOZZOLIO: Madam 6 President, it is not the intention of this 7 legislation to alter that process. 8 SENATOR SCHNEIDERMAN: Thank you. 9 And we currently choose -- I know 10 in the primary process we certainly are 11 divided by Congressional districts already. 12 Does this affect anything to do with the 13 primary elections that take place in New York 14 State for presidential candidates? 15 SENATOR NOZZOLIO: Madam 16 President, the primary process in the State of 17 New York for presidential delegates to 18 individual conventions is a matter of law and 19 party rules, a strange hybrid. 20 That in effect the presidential 21 elector process has changed dramatically from 22 a few presidential elections ago, where names 23 of only the presidential electors were on the 24 ballot, not designated to any particular 25 candidate. That has changed and been

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(518) 371-8910 1 reformed, over the last three presidential 2 cycles to today, where in effect the process 3 has changed dramatically and electors elect -- 4 presidential delegates in the nomination 5 process are not chosen by the process they 6 were chosen even four short years ago. 7 But what we're focusing on here, 8 Madam President, is why New York should engage 9 in a winner-take-all where one vote for the 10 entire state, the third largest state in the 11 country, should flip the entire number of 12 electors to one candidate. 13 There were 10 of the 29 14 Congressional districts we have in this state, 15 there were 10 that clearly chose President 16 Bush last election. Yet none of those 17 10 Congressional districts, clearly a third of 18 what we have in this state, were able to cast 19 an Electoral College vote for President Bush. 20 But that's not the reason to 21 support this bill. The reason to support this 22 bill is to have an open dialogue, a dialogue 23 of presidential candidates, the most important 24 office in this land. New York should no 25 longer be ignored in this process.

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(518) 371-8910 1 We are, in fact, totally ignored. 2 We're trying, by this bill, to reform the 3 process to bring both the major-party 4 candidates into New York and have them 5 campaign in an aggressive way so that the 6 voters of this state can be better informed 7 about the candidates and in effect we have a 8 more fair and better presidential process. 9 SENATOR SCHNEIDERMAN: Thank you. 10 Through you, Madam President. As 11 the sponsor indicated, this would change the 12 system so that the electors would be selected 13 by Congressional district. 14 Wouldn't this create even more 15 pressure than already exists in our 16 redistricting process for Congressional 17 districts to create more partisan, more 18 gerrymandered districts because the stakes 19 would be even higher? The determination of 20 the lines of the Congressional district would 21 become an incredibly politically charged 22 decision. Is that not a concern? 23 SENATOR NOZZOLIO: Madam 24 President, certainly to do the right thing, to 25 choose Congressional districts that are

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(518) 371-8910 1 compact, contiguous and fair, is a process 2 that is always the responsibility of this 3 legislative body. That the courts oversee 4 that process, that it is a process that is 5 highly charged politically, unquestionably, 6 but it is still our responsibility. 7 And whether or not this is another 8 element that adds to the burden of that 9 responsibility, I think it's certainly an 10 effort that we have to undertake, it's an 11 effort that we shouldn't shy away from. 12 And what this measure is trying to 13 do is to ensure interest in the presidential 14 election process, to ensure fairness, and to 15 ensure that those many voters of this state 16 who are frankly disenfranchised by the current 17 process -- and that we believe that by 18 offering this reform we in fact establish more 19 interest in the presidential election and more 20 fairness in the way New York chooses its 21 electors. 22 SENATOR SCHNEIDERMAN: Thank the 23 sponsor for his answers. 24 Madam President, on the bill. 25 ACTING PRESIDENT YOUNG: Senator

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(518) 371-8910 1 Schneiderman, on the bill. 2 SENATOR SCHNEIDERMAN: I suppose 3 if every other state in the country did this, 4 there would be an argument for making the 5 change that's proposed by this legislation. 6 And I think that the other states that have 7 chosen to do this tell you a lot about the 8 harm that could be done to New York if this 9 bill became law. 10 The only states that currently have 11 the proposed system are Maine and Nebraska, 12 very small states, for a very, very good 13 reason. This legislation increases the power 14 of small states. It takes away the potential 15 of a large state -- and none of the other 16 large states have gone for this -- the 17 potential of a large state to be such a 18 desirable block of electoral votes that it 19 requires attention from the presidential 20 candidates. 21 And I respectfully submit that we 22 get a tremendous amount of attention when the 23 process by which the parties select 24 presidential candidates is not closed. We 25 have vigorous democratic primaries here. Bill

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(518) 371-8910 1 Clinton had to spend a lot of time in New York 2 and developed a relationship, liked it so much 3 now he lives here. 4 But it may be that the problem in 5 the Republican Party of throwing presidential 6 candidates off the ballot and attempting to 7 prevent primaries so that presidential 8 candidates don't come to New York and get to 9 know us is something that could be addressed 10 internally within that party. 11 But absent a move of lots of other 12 big states to do this, this would simply hurt 13 New York. This would give a further advantage 14 to small states. 15 And again, I think that the 16 politics of this is pretty clear. This is not 17 being done in Texas. This is not being done 18 in Florida. This is an effort to reduce a 19 predominately Democratic state's influence on 20 the presidential -- the outcome of 21 presidential elections. I think it's pretty 22 nakedly political. 23 I understand the argument for it. 24 If it was done on a national basis, maybe 25 there would be an argument for us doing it.

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(518) 371-8910 1 But for us to do unilateral disarmament and 2 decrease the power of our own state to 3 influence the presidential election I think is 4 just foolish. 5 And I respectfully suggest that 6 everyone vote no on this bill. 7 ACTING PRESIDENT YOUNG: Senator 8 Connor. 9 SENATOR CONNOR: Thank you, Madam 10 President. 11 Just let me say at the outset, this 12 bill has nothing to do with ballot access. 13 The way presidential candidates get on the 14 November ballot now, they get on statewide 15 rather than Congressional districts, it's the 16 same way. The state committee files a 17 certificate and designates them, you know, 18 after the party national conventions pick the 19 candidates. 20 So this has nothing to do with 21 petitioning or how people get on the ballot. 22 That's all primary stuff. It has nothing to 23 do with how electors get on. 24 As Senator Schneiderman pointed 25 out, Maine has this system. But Maine has two

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(518) 371-8910 1 Congressional districts. Nebraska has it. 2 And I would suggest, Madam President, that if 3 Senator Nozzolio thinks that Nebraska is a 4 paragon of the way government ought to 5 operate, perhaps he ought to put a bill in to 6 make New York a nonpartisan unicameral 7 legislature, the way Nebraska is. That might 8 be popular with some people on this side of 9 the aisle. I doubt that it would be in the 10 majorities here. 11 The problem with this bill is that, 12 as Senator Schneiderman noted, Florida, Texas, 13 Pennsylvania, California, none of the other 14 large states have it. And in effect, for 15 New York to unilaterally adopt this -- and 16 it's not going to adopt it, we know that -- 17 would be the political castration of New York. 18 Why would any candidate pay 19 attention to New York if the best you could do 20 there is pick up an edge of maybe three or 21 four votes by winning most of the 22 Congressional districts, but not all. And it 23 would relegate New York to the same status as 24 a relatively small state that has four 25 electoral votes, because that's all that would

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(518) 371-8910 1 be at stake in terms of the difference. 2 And, Madam President, I'm 3 anticipating an answer: Well, we can't 4 control what other states do. Yes, we can, 5 Madam President. This Legislature, Senator 6 Nozzolio, any member here can introduce a 7 resolution for a constitutional amendment to 8 the United States Constitution. 9 And if you're really serious about 10 reform, you will put forth that resolution, 11 circulate it to colleagues in other state, 12 because the states and the state legislatures 13 can initiate a constitutional amendment to the 14 United States Constitution. I don't mean 15 ratify; we also ratify. But you can initiate 16 it in the state legislative level. You can 17 call a convention for the state to initiate it 18 as well, federally. 19 And if this is a good idea, I 20 suggest that Senator Nozzolio, Madam 21 President, puts that before us, gets the ball 22 rolling on that so that, when you amend the 23 United States Constitution to adopt his 24 proposal, there will be a level playing field 25 between California, between New York, between

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(518) 371-8910 1 Texas. 2 And to fail to do that and to 3 suggest that New York ought to act 4 unilaterally is politically focused, shall I 5 say, Madam President, to basically take away 6 New York's strength vis-a-vis other large 7 states. 8 Another concern is if you go to 9 this system, if you do it nationwide, if 10 everybody thought that the recount in 11 Florida -- and they did: Oh, it's terrible, 12 it took so long, what a mess. Recounts always 13 take long. We know that in this body. And 14 they seem messy. 15 But I suggest -- not that it hasn't 16 happened; we've seen statewide recounts in 17 New York in our recent memory. But the 18 smaller the constituency, the more likely the 19 result -- and I'm not a mathematics professor. 20 I'm sure my oldest son could explain the 21 principle: large numbers, small numbers, 22 something or other, random something or 23 others. But the smaller the constituency, the 24 smaller the electorate, the more likely the 25 margin is to be extremely close, such as to

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(518) 371-8910 1 warrant contests and recounts. 2 You know, think about it. How many 3 times have you heard of a town council 4 member's race or a small town supervisor race 5 being decided by three or four votes? More 6 often than you've heard about Congressional 7 races being decided by three or four votes, 8 but we've heard of those too. 9 Certainly -- so when you have a 10 statewide system, the likelihood of the 11 debilitating contest going on after the 12 election -- when I say debilitating, 13 debilitating to the body politic at large -- 14 is enhanced. So if you went to this system, 15 if you did it nationwide, you would have the 16 presidency inevitably hanging in the balance 17 in a handful of the congressional districts 18 around the country, or even potentially in 19 New York State, where there had to be long, 20 lengthy recounts. 21 So I'm not sure this is a wise 22 system, but I know one thing, Madam President. 23 If you're going to adopt this, force all 24 states to adopt it. Or New York will lose all 25 of its influence in national elections.

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(518) 371-8910 1 And it's within the power of the 2 sponsor here to put this forth as a federal 3 constitutional amendment. And if he's really 4 concerned that this is a better system than 5 the others, he can't just say, I can't control 6 what California or Texas does. He should come 7 forward, not with this bill, but with a bill 8 to amend the United States Constitution. 9 ACTING PRESIDENT YOUNG: Thank 10 you, Senator Connor. 11 Senator Nozzolio. 12 SENATOR NOZZOLIO: Madam 13 President, on the bill. 14 ACTING PRESIDENT YOUNG: On the 15 bill. 16 SENATOR NOZZOLIO: It's not 17 surprising to me that my colleagues on the 18 other side of the aisle would not support this 19 measure. Even though it does enfranchise our 20 state, it may not enfranchise a particular 21 region that you're concerned with. 22 That the lock of focus of 23 presidential elections, particularly on the 24 City of New York -- Democrats, large 25 concentration, one of the largest

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(518) 371-8910 1 concentrations in the country -- that this is 2 fine in terms of reform as long as you're not 3 being reformed. 4 That you speak much of reform, much 5 of access, much of opening the process, much 6 about having adequate debate. Frankly, that's 7 fine for others, but when it comes to you 8 stepping up to the plate and saying, yeah, 9 let's have it here in New York -- well, maybe 10 not really. 11 Marty, my good friend, you talk 12 about me introducing another constitutional 13 amendment. We don't need a constitutional 14 amendment. We have the power and the 15 authority within our constitution to change 16 and select what process we as a state wish to 17 engage in for the choosing of electors. The 18 Founding Fathers gave us that right. We have 19 that right. We don't need any other rights. 20 We're not suggesting by this bill 21 that other states do this uniformly if they 22 don't want to. We're saying this bill 23 provides New York the opportunity to reform 24 itself, to open its process, to make the 25 presidential election process as exciting in

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(518) 371-8910 1 this state as it is in other states, as open, 2 as competitive in this state as it is in other 3 states. That's what this bill does. 4 You're going to great lengths, I 5 think, my colleagues on the other side of the 6 aisle, to describe what could be or should be 7 done by other states or what -- frankly, I 8 think that is a red herring. What we have in 9 this house is the authority to decide the 10 process based on the federal Constitution on 11 how we choose an electoral -- a member of the 12 electoral college. I'm suggesting that 13 process should be -- that we should take this 14 step. 15 Now, I've never heard New Yorkers 16 say we want all states to do it. Frankly, I 17 hear in this legislative house and in the 18 house across the hall about how New York's in 19 the lead, we want to take the first step. Now 20 you're saying we should take the last step. 21 Well, I think it's another two-step 22 that we're hearing from you. And when it 23 comes time to reform the process and make it 24 more open, what we get is a bunch of two-step 25 rhetoric.

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(518) 371-8910 1 Madam President, this bill provides 2 us an opportunity to have a presidential 3 election, not just in a couple of boroughs in 4 the City of New York, but in Syracuse, in 5 Rochester, in Buffalo, in Binghamton, even in 6 Yonkers and in Albany. We want more 7 presidential process in election, not less. 8 This bill gives us more. 9 ACTING PRESIDENT YOUNG: Thank 10 you, Senator Nozzolio. 11 Senator Valesky. 12 SENATOR VALESKY: Thank you, 13 Madam President. On the bill. 14 ACTING PRESIDENT YOUNG: Senator 15 Valesky, on the bill. 16 SENATOR VALESKY: I certainly 17 understand and appreciate the rich tradition 18 that we have in this country of state's 19 rights. In fact, it was critical to the 20 Founding Fathers' efforts over 225 years ago. 21 And we certainly have the ability 22 to approve this particular piece of 23 legislation. But I would submit to this body 24 that the responsibility of how we elect the 25 President of the United States ought to be

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(518) 371-8910 1 left to leadership at the federal level. 2 Whether we talk about the electoral 3 college and any reform, whether we talk about 4 how we apportion electors, it is a system -- 5 and I understand that the states of Maine and 6 Nebraska do it differently than the other 48 7 states. But this is something that ought to 8 be left to the leadership and guidance at the 9 federal level. 10 I was interested to note that 11 Senator Nozzolio referred, I believe, to 12 Senator Schneiderman in talking about 13 Congressional districts being compact and 14 contiguous and fair. I think he's absolutely 15 right. And as he will recall, that the City 16 of Auburn, which he and I share in 17 representation here in this State Legislature, 18 before the previous reapportionment actually 19 was split among three different Congressional 20 districts. One relatively small upstate 21 New York City split between three different 22 Congressional districts. 23 So it seems to me that the issue 24 that we ought to be talking about today is how 25 we draw district lines, whether it be for

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(518) 371-8910 1 Congress, for the State Senate, for the State 2 Assembly. 3 There are a number of bills that 4 have been introduced in this house and in the 5 other that would create an independent 6 redistricting commission to take to, as great 7 a degree as possible, politics out of the 8 redistricting process. And I would hope that 9 in the week that remains in this legislative 10 session, we will have an opportunity to debate 11 and vote on a bill that would create an 12 independent redistricting commission. 13 Thank you, Madam President. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Valesky. 16 Any other member wishing to be 17 heard? 18 Then the debate is closed, and the 19 Secretary will ring the bell. 20 Read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 SENATOR SKELOS: Madam President. 2 ACTING PRESIDENT YOUNG: Senator 3 Skelos. 4 SENATOR SKELOS: If I could 5 explain my vote. 6 ACTING PRESIDENT YOUNG: Explain 7 your vote, please. 8 SENATOR SKELOS: I am absolutely 9 amazed seeing all the hands going up from the 10 left in such a negative way. 11 When you sit here and -- and, 12 Senator Nozzolio, I want to thank you for this 13 bill. Because many times when you sit and 14 read legislation, you don't know how 15 significant it is until you really focus in on 16 the bill -- but, also, when you hear some of 17 the negative comments. 18 What is more sacred in our country 19 than electing the president of the United 20 States, the electoral process that people have 21 lost their lives over in order that we have 22 the opportunity to vote for president? 23 And I'm just shocked, shocked at 24 all the negative votes that would say: New 25 York State, let the feds tell you what to do,

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(518) 371-8910 1 let the federal government tell us what to do. 2 I believe in leading. This 3 Majority, Senator Nozzolio believes in 4 leading. 5 And unfortunately, the Minority 6 here that seems to indicate constantly reform, 7 reform, dysfunction, when you have legislation 8 here that can really reform and make New York 9 State stand out, they tiptoe around it, they 10 have excuses, rather than doing away with this 11 dysfunctional system that would allow one 12 person to make the determination as to who 13 potentially could be the president of the 14 United States of this great country. Shame on 15 you. 16 Madam President, I proudly support 17 this legislation. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator Skelos. 20 Senator Schneiderman, to explain 21 his vote. 22 SENATOR SCHNEIDERMAN: Thank you, 23 Madam President. 24 Just to -- since we are doing a 25 countdown to reform on our side of the aisle,

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(518) 371-8910 1 and Senator Skelos brought up the issue of 2 reform, every bill that is labeled reform is 3 not necessarily a good reform. There are many 4 pieces of legislation that are called reform. 5 And we have a very artful process of naming 6 bills these days -- not that Senator Nozzolio 7 has done that with this bill -- that sometimes 8 give very misleading titles. 9 But certainly on our side of the 10 aisle -- and we welcome any attention to any 11 of the reform measures that we've been talking 12 about since last week. 13 Today we're talking about 14 redistricting reform, very much on point to 15 the discussion we've just had. Let's have an 16 independent redistricting commission to give 17 us fair Congressional districts however we're 18 choosing our electors. 19 So we do have substantial reform 20 proposals, and we do have a commitment that we 21 will pursue those proposals, even when we have 22 the power to do otherwise. And I do suggest 23 that there are numerous reform proposals on 24 the table today that have passed the Assembly 25 in the areas of electoral reform, the area of

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(518) 371-8910 1 Rockefeller drug reform and other issues, that 2 if the Majority would take them up, we would 3 be happy to vote with you on, to stand with 4 you on. 5 I think that it's really 6 unfortunate that we try and cast aspersions on 7 people legitimately expressing different 8 points of view on a questionable procedure 9 when there are so many clearly positive 10 reforms that we are in danger of adjourning 11 again without addressing. 12 I vote no, with all due -- with 13 understanding of the motivation and of the 14 strategy that's involved in this. This is a 15 political move, and I don't think we're 16 pretending otherwise. 17 But in terms of real reform, we're 18 there all the way. We'd love to be with you 19 all before the session adjourns. 20 Thank you. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator Schneiderman. 23 The Secretary will announce the 24 results. 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1239 are 2 Senator Andrews, Breslin, Brown, Connor, Diaz, 3 Dilan, Duane, Gonzalez, Klein, L. Krueger, 4 C. Kruger, Montgomery, Onorato, Parker, 5 Paterson, Sabini, Savino, Schneiderman, 6 Serrano, A. Smith, M. Smith, Stachowski, 7 Stavisky and Valesky. Also Senator 8 Oppenheimer. 9 Those Senators absent from voting: 10 DeFrancisco, Hassell-Thompson, Maltese, 11 Padavan and Sampson. 12 Ayes, 32. Nays, 25. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 SENATOR SKELOS: Madam President. 16 ACTING PRESIDENT YOUNG: Senator 17 Seward. 18 SENATOR SEWARD: Yes, Madam 19 President, I was unavoidably out of the 20 chamber earlier today when Calendar Number 21 826, Senate Bill S3158B, passed this chamber. 22 And I would request that the record show that 23 had I been in the chamber, I would have 24 enthusiastically voted yes on this worthy 25 piece of legislation.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Thank 2 you, Senator Seward. The record will so 3 reflect. 4 SENATOR SEWARD: Thank you. 5 ACTING PRESIDENT YOUNG: Senator 6 Morahan. 7 SENATOR MORAHAN: Thank you, 8 Madam President. Would you please continue in 9 regular order, starting with Calendar 1537. 10 Thank you. 11 ACTING PRESIDENT YOUNG: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 1537, by Senator Spano, Senate Print 5116, an 15 act to amend the Environmental Conservation 16 Law. 17 SENATOR ONORATO: Explanation. 18 ACTING PRESIDENT YOUNG: Senator 19 Spano, an explanation, please. 20 SENATOR SPANO: Madam President, 21 this bill says that the provisions of law and 22 the rules and regulations that are in effect 23 on the date of filing an application for an 24 environmental quality review would continue to 25 apply to that review throughout the entire

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(518) 371-8910 1 process until the appeals is complete. 2 We have seen some municipalities 3 attempting to change the rules after the start 4 of the game. This would prohibit that 5 practice. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Spano. 8 Senator Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Madam President. If the sponsor would yield 11 for a few questions. 12 ACTING PRESIDENT YOUNG: Senator 13 Spano, do you yield? 14 SENATOR SPANO: Yes. 15 SENATOR SCHNEIDERMAN: This bill 16 states that a local government is not allowed 17 to change the rules if a developer has 18 filed -- and this is the language -- an 19 application and an environmental assessment 20 form with an agency. 21 I take it from that that all that 22 is required of a developer is filing a form 23 and an application, and that the environmental 24 assessment process does not need to be 25 completed for this bill to be in effect.

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(518) 371-8910 1 SENATOR SPANO: It's the -- it's 2 the application and environmental form which 3 are the mechanism that trigger the SEQRA 4 review. 5 SENATOR SCHNEIDERMAN: But 6 through you, Madam President, there's no 7 requirement that any environmental assessment 8 have been undertaken, that any of the process 9 having gone forward, just that the initial 10 application and form have been filed. 11 Is that not correct? 12 SENATOR SPANO: Is there another 13 form that I'm missing? 14 SENATOR SCHNEIDERMAN: Through 15 you, Madam President, I'm not referring to the 16 filing of an additional form. 17 There is an entire review process, 18 an environmental analysis that takes place. 19 None of that, as I read this bill, would be 20 required before a local government or agency 21 is frozen out of the change. 22 SENATOR SPANO: The environmental 23 review process is the process that will occur 24 after the filing of the application. 25 SENATOR SCHNEIDERMAN: Thank you.

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(518) 371-8910 1 Thank the sponsor for his answers. 2 Madam President, on the bill. 3 ACTING PRESIDENT YOUNG: On the 4 bill. 5 SENATOR SCHNEIDERMAN: I think 6 that the difficulty with this piece of 7 legislation is that this is really a 8 remarkable giveaway to developers. 9 I would call everyone's attention 10 to the opposition memo of Environmental 11 Advocates that makes the historical argument 12 about SEQRA, the State Environmental Quality 13 Review Act, and makes it clear that this 14 legislation would create an enormous loophole. 15 Essentially, what a developer could 16 do is say: I know this municipality has under 17 consideration changing its rules for 18 development. I can freeze that simply by 19 filing a form. You know, we don't have to 20 wait until the whole process is done. 21 This is the equivalent of those 22 situations where a developer shows up with the 23 bulldozers in the middle of the night and 24 tries to get in the ground before there's a 25 zoning change, but it would be done just with

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(518) 371-8910 1 a piece of paper. 2 So I understand the concern that 3 there are times when there's a perception of 4 unfairness when local governments change their 5 rules. But I would respectfully suggest that 6 this is more of a David and Goliath situation 7 than most areas, where you have well-funded 8 developers with all the good legal advice that 9 they need that attempt to take advantage of 10 small local governments. 11 And this would just open an 12 enormous loophole. This would enable, with 13 the filing of a form, the developers to freeze 14 local government from making changes that they 15 may have in the works for years. 16 And I respectfully suggest that 17 that is not the way to proceed. That's not -- 18 this is very -- a bill that should be of very 19 much concern to anyone who cares about the 20 preservation of our environment, and it should 21 be of concern to anyone who cares about us 22 empowering local government. We have a lot of 23 talk here about needing to help local 24 governments, needing to get them relief from 25 unfunded mandates. This would be a tremendous

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(518) 371-8910 1 blow to the power of local governments across 2 the state. 3 And I think that if the sponsor is 4 serious about the problem, some modification 5 to at least require the developer to be 6 further along in the process before the 7 municipality is barred from taking action 8 would be appropriate. As drafted now, this 9 makes it all too easy for a developer to take 10 advantage of the situation. 11 So I'm going to vote no and 12 encourage everyone to do likewise. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Schneiderman. 15 Any other Senator wishing to be 16 heard? 17 Then the debate is closed, and the 18 Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: The

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(518) 371-8910 1 Secretary will announce the results. 2 Senator Spano. 3 SENATOR SPANO: Madam President, 4 can I ask that we withdraw the roll call and 5 lay the bill aside. 6 ACTING PRESIDENT YOUNG: The roll 7 call is withdrawn, and the bill is laid aside. 8 Senator Maltese. 9 SENATOR MALTESE: Madam 10 President, I was out of the chamber on Senate 11 business during a vote on Senate 1750, 12 Calendar 1239, by Senator Nozzolio. Had I 13 been in the chamber, I would have voted aye. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Maltese. The record will so 16 reflect. 17 Senator Padavan. 18 SENATOR PADAVAN: I echo the 19 comments of my esteemed colleague Senator 20 Maltese. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator Padavan. The record will so 23 reflect. 24 Senator Morahan. 25 SENATOR MORAHAN: Yes, Madam

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(518) 371-8910 1 President. Can we continue with the calendar, 2 with 1540, by Senator Johnson. 3 ACTING PRESIDENT YOUNG: Thank 4 you, Senator Morahan. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1540, by Senator Johnson, Senate Print 5270, 8 an act to amend the Civil Practice Law and 9 Rules. 10 SENATOR SCHNEIDERMAN: 11 Explanation. 12 ACTING PRESIDENT YOUNG: Senator 13 Johnson, an explanation has been requested. 14 SENATOR JOHNSON: Madam 15 President, the purpose of this bill is to 16 safeguard the flow of funds from the tobacco 17 master settlement agreement to the state by 18 limiting the supersedes bond that MSA 19 signatories and their successors and 20 affiliates and nonparticipating manufacturers 21 must post to stay the execution of a judgment 22 during appeal to $100 million, regardless of 23 the value of the judgment. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator Johnson.

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(518) 371-8910 1 Senator Schneiderman. 2 SENATOR SCHNEIDERMAN: Thank you, 3 Madam President. 4 And I'd like to thank the sponsor 5 for his explanation and speak on the bill. 6 ACTING PRESIDENT YOUNG: Senator 7 Schneiderman, on the bill. 8 SENATOR SCHNEIDERMAN: This piece 9 of legislation I believe is, again, completely 10 unprecedented. It would amend the Civil 11 Practice Law and Rules of the State of 12 New York to provide that with regard to one 13 particular industry, the tobacco industry, we 14 will remove the requirement that a bond be 15 posted after a defendant loses a case. 16 The purpose of posting a bond, 17 ladies and gentlemen, is to ensure that where 18 you have a defendant that engages in wrongful 19 conduct and is found culpable, that you 20 protect plaintiffs, that there should be a 21 protection that they're going to be able to 22 recover from those who are found, through our 23 legal process, to have committed wrongful 24 acts. 25 Now, I would urge that this would

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(518) 371-8910 1 be a bad idea for any industry, but it's 2 particularly offensive for the tobacco 3 industry. This says that no matter how many 4 bad actions they are found to have committed 5 in litigation going forward, no matter how 6 much they've had cigarettes that were 7 available to them, through research, with 8 lower levels of nicotine that they scuttled 9 those and hid them away because they wanted 10 people to be addicted, it doesn't matter. 11 They get an exemption from the requirement 12 that everyone else is subject to, that you 13 post a bond so that people can recover if they 14 are harmed by your wrongdoing. 15 The tobacco industry again has been 16 found on numerous occasions to have committed 17 just such cover-ups. This bill would say, You 18 know what, even if there's findings that the 19 tobacco industry singled out and targeted the 20 African-American community, the Latino 21 community to try and get young kids hooked on 22 cigarettes, that they're going to be exempt, 23 they're going to be exempt from liability in a 24 way that no one else is. 25 This is not a piece of legislation

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(518) 371-8910 1 that we should be taking up. We should be 2 going after the tobacco industry, we should be 3 ensuring that their wrongful conduct, which 4 they've already been found to have committed, 5 is not supported and abetted in New York 6 State. We should be helping to get our kids 7 off tobacco. 8 And I think it's -- you know, I'm 9 surprised in some respects that we're seeing 10 this bill. Obviously one of the leaders I 11 think, you know, probably rising to the level 12 of national leadership in the effort to put an 13 end to tobacco addiction is Senator Fuschillo. 14 And yet this bill would essentially 15 exempt the tobacco industry, just require them 16 to post, you know, a bond, it sets a 17 particular limit on a bond, which everyone 18 knows $100 million is nothing close to 19 covering all of the injury caused by tobacco 20 in this state. 21 So I suggest that this is the wrong 22 way to handle a difficult issue. If there's a 23 question about tobacco companies having 24 trouble financially, it's because they're 25 having trouble financially because they've

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(518) 371-8910 1 done a lot of wrong and they're being held 2 liable for it. This is not the way we should 3 be addressing it. 4 If the concern is that we are, as 5 people are hooked on nicotine, now we're 6 hooked on tobacco revenue to fund important 7 programs in this state, then shame on us as a 8 legislature for balancing our books that way. 9 You know, we sometimes talk about 10 the direction of our financing and whether 11 we're moving in a way that's progressive or 12 regressive. We're moving in a way that's not 13 just a matter of progressive or regressive, we 14 seem to be moving in a way that's immoral. 15 I mean, if we're going to be 16 relying on gambling and tobacco revenues to 17 fund our schools, we're headed in a very 18 strange direction for a government that used 19 to be the progressive model for health and 20 safety laws in this state. 21 Don't forget that much of the 22 New Deal's protection of workers, protection 23 of women and children, protection, ultimately, 24 of all of our citizens in the areas of public 25 health were modeled on legislation passed in

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(518) 371-8910 1 New York State. Shame on us if we move in the 2 opposite direction. 3 I urge everyone to vote no on this 4 bill. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Schneiderman. 7 Senator Johnson. 8 SENATOR JOHNSON: I'd like to 9 correct Senator Schneiderman's remarks. I 10 mean, he's usually very accurate, but I 11 think -- I don't know what happened here, he's 12 off the track today, because he didn't read 13 the bill. And if he read the bill, he would 14 know that what he said wasn't true. 15 He said it's unprecedented 16 something like this should take place, this 17 limiting the appeal bond. And it's been done 18 for the very tobacco industry in 40 other 19 states and communities. 20 He said that we're relieving the 21 person with the judgment against them of the 22 necessity of posting a bond. No, we're 23 actually saying we want them to post a bond in 24 order that they may go forward with their 25 appeal of the erroneous, in their opinion,

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(518) 371-8910 1 judgment. And that's all we're doing, is 2 we're giving them their day in court to make 3 an appeal. 4 Now if, as Senator Schneiderman 5 said, no one should be able to appeal any 6 judgment, then I think he's in a different 7 state than we're in here, or a different 8 country. Because everyone has an opportunity 9 to appeal a judgment. 10 But when it's a $12 billion 11 judgment, as it was in Ohio in 2003, that 12 would have bankrupted the entire tobacco 13 industry, not just one company. Obviously, it 14 was too much. So finally they got that 15 negotiated down to a lower level so that they 16 could post a bond which was a reasonable 17 amount of money and the appeal could go forth 18 in Ohio. 19 This does not ultimately limit any 20 amount of the judgment. This just lets them 21 appeal. If the appeal come goes through and 22 the judgment is the same, they'll have to pay 23 the judgment. But at least they'll have their 24 right -- their day in court. I think they're 25 entitled to that.

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(518) 371-8910 1 In fact, the City Council asked for 2 this bill because they want to have their day 3 in court -- they want to make sure, rather, 4 that their MSA money from the tobacco 5 settlements keeps coming forth. And a lawsuit 6 like this would prevent judgments from coming 7 forth if you couldn't make an appeal in a case 8 like that. 9 So the City Council has asked for 10 this. Albany County asked for it, Suffolk 11 County asked for it, Nassau County asked for 12 it, Westchester asked for it, Rockland asked 13 for it, rural Erie County asked for it. 14 Practically every community that is aware of 15 this bill is supporting this because they know 16 that this is the only way to safeguard the 17 continued flow of tobacco dollars which they 18 depend upon for the operation of their 19 government, and as well as the state. 20 So it's a good bill. It passed 21 last year. It should pass this year. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Johnson. 24 Any other Senator wishing to speak? 25 Then the debate is closed, and the

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(518) 371-8910 1 Secretary will ring the bell. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT YOUNG: Announce 9 the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1540 are 12 Senator Andrews, Connor, Diaz, Dilan, Duane, 13 L. Krueger, C. Kruger, Montgomery, 14 Oppenheimer, Parker, Paterson, Schneiderman, 15 Serrano, Stachowski, Stavisky and Valesky. 16 Those Senators absent from voting: 17 DeFrancisco, Gonzalez, Hassell-Thompson and 18 Sampson. 19 Also recorded in the negative, 20 Senator Brown. 21 Ayes, 41. Nays, 17. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 Senator Morahan. 25 SENATOR MORAHAN: Yes, Madam

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(518) 371-8910 1 President. Can we proceed with Calendar 1555, 2 by Senator Balboni. 3 ACTING PRESIDENT YOUNG: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1555, by Senator Balboni, Senate Print 5605, 7 an act to amend the Penal Law and others. 8 SENATOR SCHNEIDERMAN: Brief 9 explanation. 10 ACTING PRESIDENT YOUNG: An 11 explanation has been requested. 12 SENATOR BALBONI: Madam 13 President, I have good news for this chamber. 14 Pursuant to an agreement I've worked out with 15 my conference, I'm not to speak anymore to the 16 end of the session. I know that that is going 17 to cause great consternation among no one 18 here. 19 The reason why I rise on this bill 20 is because we have seen most of the provisions 21 that are here beforehand. This is a 22 Governor's program bill, and it's referred to 23 as Terrorism III. We've done the first two 24 acts. 25 And basically what that bill does

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(518) 371-8910 1 is it talks about the bills that we've already 2 passed in this chamber, with most of your 3 votes in favor, on both sides of the aisle. 4 Cyberterrorism, agri-terrorism, and then it 5 goes into some of the financial crimes that 6 terrorists use. 7 And so, ladies and gentlemen, as we 8 pass this bill today I would just end my 9 remarks by saying that why are we doing the 10 bill? It's the end of session. This is a 11 one-house bill. And the question I ask to all 12 of you, with all sincerity and seriousness, 13 what were we doing on September 10th? We've 14 gone back, in my opinion, to those days before 15 September 11th. Complacency is amongst us. 16 Thank you, Madam President. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Balboni, for that brief 19 explanation. 20 Senator Schneiderman. 21 SENATOR SCHNEIDERMAN: Thank you, 22 Madam President. Very briefly on the bill. 23 I very much appreciate Senator 24 Balboni's candor. This is a one-house bill 25 addressing an extremely serious subject. And

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(518) 371-8910 1 I respect the fact that while there are people 2 who are really sort of losing their focus on 3 the need to protect ourselves from terrorism, 4 that's certainly not the case with Senator 5 Balboni. 6 However, this legislation as 7 drafted has some provisions in it that make it 8 impossible for us to go forward and make it a 9 two-house bill. Many of us have voted against 10 it for those reasons. 11 Very briefly, the two things that I 12 will address are that this bill includes in it 13 a provision for roving wiretaps. Now, the 14 Fourth Amendment of the Constitution rules out 15 unreasonable searches and seizures. It 16 strikes a balance between the needs of law 17 enforcement and the rights of people to be 18 secure in their person and in their homes. 19 A roving wiretap blows that idea 20 out of the water. Rather than a focusing on a 21 specific phone, roving wiretaps follow the 22 suspect. And any one of us could get caught 23 up, without realizing it, in a roving wiretap. 24 It's something that is like a floating 25 no-privacy zone. We never know where they're

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(518) 371-8910 1 going to be. 2 That's something that we've 3 expressed concerns about before. I believe 4 that needs to be taken out of this bill before 5 it's going to become a law. 6 The second thing is -- and this, I 7 think, is really almost a no-brainer, from my 8 point of view. This bill creates a broad 9 good-faith exemption to the exclusionary rule 10 which would essentially reward police officers 11 who intentionally act illegally, go commit 12 illegal searches and then lie about it. 13 There's a very limited good-faith 14 exception for police officers who in good 15 faith rely on a warrant. But the warrant has 16 been duly issued, the procedures have been 17 followed. 18 That should not be expanded, as 19 this bill would do it, to mean that any police 20 officer acting illegally, conducting an 21 illegal search, if he just says, Well, I 22 thought it was okay, he'd get away with it. 23 That is a major problem with this legislation. 24 For those reasons and for several 25 others, I don't think we should -- I'm not

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(518) 371-8910 1 going to support this bill. But I do think 2 it's important for us to move along in the 3 discussion. I hope we'll have further 4 negotiations with the Assembly on the broad 5 issue of terrorism and our needs to change the 6 law. 7 But I would submit to you, my 8 colleagues, it is not necessary to subvert the 9 Constitution in order to protect it. The 10 things that make this country great and worth 11 defending and the target of terrorists are 12 some of the things we are in danger of 13 eroding. 14 The House of Representatives, with 15 a majority on the other side of the aisle, 16 voted Wednesday to block a provision of the 17 USA Patriot Act that makes it easier for 18 federal investigators to review the records of 19 libraries and bookstores on national security 20 grounds. So I think we may be coming back to 21 our senses in terms of striking a balance 22 between individual rights and the need to 23 combat terrorism. 24 Let's preserve our civil liberties 25 where we can, and let's fight terrorists where

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(518) 371-8910 1 we have to. I believe this bill does not 2 strike the balance as currently drafted. But 3 I do hope we will have the opportunity 4 before -- I guess not this year, but certainly 5 next year, to all vote together on a bill that 6 does address these issues. 7 Thank you, Madam President. 8 ACTING PRESIDENT YOUNG: Thank 9 you, Senator Schneiderman. 10 Any Senator wishing to be heard? 11 Then the debate is closed, and the 12 Secretary will ring the bell. 13 Senator Morahan. 14 SENATOR MORAHAN: Thank you, 15 Madam President. I just want to advise the 16 members that after this vote is announced, 17 that there may be another Rules Committee 18 meeting today, and that calendar will be 19 coming out to the floor. 20 As well as there may be a 21 conference of the Majority. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Morahan. 24 Read the last section. 25 THE SECRETARY: Section 39. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT YOUNG: Senator 6 Balboni, to explain his vote. 7 SENATOR BALBONI: Madam 8 President, in an effort to just provide a 9 brief bit of clarification in the arguments 10 that were made by Senator Schneiderman on this 11 bill, there are three points of controversy 12 regarding this particular measure. And each 13 one of them have been addressed before and 14 have been reviewed, in fact, by the United 15 States Supreme Court. 16 One of them is a roving wiretap 17 that is currently used against organized 18 crime. And with technology evolving the way 19 it is, where people are not using landlines 20 anymore, they're using cellphones, a wiretap 21 to the person, as opposed to the instrument, 22 makes eminent sense and is a recognition of 23 the evolving technology. 24 Second is the good-faith exception. 25 If you find something as it relates to the

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(518) 371-8910 1 crime of terrorism, then you can have a 2 good-faith exception to the warrantless search 3 provisions of the United States Constitution. 4 But a judge has to decide it's in good faith. 5 And, lastly, there is to have the 6 ability of uncorroborated testimony used to 7 convict the individual for the crime of 8 terrorism, but that has to be decided by a 9 jury and a judge. 10 We have discussed these issues 11 before. They are of concern. I agree with 12 Senator Schneiderman, this bill can be worked 13 on. Hopefully we'll get a better package as 14 it comes through here. But I'm going to vote 15 yes and urge the chamber to vote yes. 16 Thank you, Madam President. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Balboni. You will be recorded in 19 the affirmative. 20 The Secretary will announce the 21 results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1555 are 24 Senators Andrews, Connor, Dilan, Duane, 25 L. Krueger, Montgomery, Parker, Paterson,

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(518) 371-8910 1 Sabini, Schneiderman, Serrano, A. Smith and 2 Stavisky. 3 Those Senators absent from voting: 4 DeFrancisco, Diaz, Hassell-Thompson and 5 Sampson. 6 Ayes, 45. Nays, 13. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 Senator Morahan. 10 SENATOR MORAHAN: Thank you, 11 Madam President. There will be a Rules 12 Committee meeting in a little bit. In the 13 meantime, are there any -- and we may take 14 that calendar up when it's reported out from 15 Rules. 16 Meanwhile, is there any 17 housekeeping at the desk? Return to motions 18 and resolutions. 19 ACTING PRESIDENT YOUNG: Yes, we 20 have motions and resolutions. 21 SENATOR MORAHAN: If we can take 22 those up at this time, Madam President. 23 ACTING PRESIDENT YOUNG: Motions 24 and resolutions. 25 Senator Farley.

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(518) 371-8910 1 SENATOR FARLEY: Thank you, Madam 2 President. On behalf of Senator LaValle, I 3 wish to call up his bill, Print Number 419, 4 recalled from the Assembly, which is now at 5 the desk. 6 ACTING PRESIDENT YOUNG: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 840, by Senator LaValle, Senate Print 419, an 10 act to amend the Education Law. 11 SENATOR FARLEY: I now move to 12 reconsider the vote by which this bill passed. 13 ACTING PRESIDENT YOUNG: The 14 Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 SENATOR FARLEY: Madam President, 19 I now offer the following amendments. 20 ACTING PRESIDENT YOUNG: The 21 amendments are received. 22 SENATOR FARLEY: Madam President, 23 on behalf of Senator Balboni, I wish to call 24 up his bill, Print Number 936A, which was 25 recalled from the Assembly and it's now at the

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(518) 371-8910 1 desk. 2 ACTING PRESIDENT YOUNG: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1146, by Senator Balboni, Senate Print 936A, 6 an act to amend the Insurance Law and the 7 Public Health Law. 8 SENATOR FARLEY: Madam President, 9 I now move to reconsider the vote by which 10 this bill passed. 11 ACTING PRESIDENT YOUNG: The 12 Secretary will call the roll on 13 reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 SENATOR FARLEY: Madam President, 17 I now offer the following amendments. 18 ACTING PRESIDENT YOUNG: The 19 amendments are received. 20 SENATOR FARLEY: Madam President, 21 on behalf of Senator DeFrancisco, on page 52, 22 Calendar Number 1397, Senate Print 4855A, I 23 offer the following amendments. 24 Also, for Senator Leibell, on page 25 28, Calendar Number 818, Senate Print 4558.

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(518) 371-8910 1 And on behalf of Senator Saland, on 2 page 48, Calendar Number 1271, Senate Print 3 5048A. 4 And also on behalf of Senator 5 Winner, on page 53, Calendar Number 1513, 6 Senate Print 4835. 7 On behalf of Senator Winner, on 8 page 54, Calendar Number 1529, Senate Print 9 5611. 10 Madam President, I move that these 11 bills be amended and that they retain their 12 place on the Third Reading Calendar. 13 ACTING PRESIDENT YOUNG: The 14 amendments are received, and the bills will 15 retain their place on the Third Reading 16 Calendar. 17 Senator Bonacic. 18 SENATOR BONACIC: Thank you, 19 Madam President. I wish to call up my bill, 20 Print Number 4656A, recalled from the 21 Assembly, which is now at the desk. 22 ACTING PRESIDENT YOUNG: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 1257, by Senator Bonacic, Senate Print 4656A,

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(518) 371-8910 1 an act to amend the Correction Law. 2 SENATOR BONACIC: I now move to 3 reconsider the vote by which the bill was 4 passed. 5 ACTING PRESIDENT YOUNG: The 6 Secretary will call the roll on 7 reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 SENATOR BONACIC: I now offer the 11 following amendments. 12 ACTING PRESIDENT YOUNG: The 13 amendments are received. 14 SENATOR BONACIC: Thank you, 15 Madam President. 16 I now wish to call up a bill by 17 Senator Hannon, Print Number 4569, recalled 18 from the Assembly, which is now at the desk. 19 ACTING PRESIDENT YOUNG: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 982, by Senator Hannon, Senate Print 4569, an 23 act to amend the Public Health Law and the 24 General Business Law. 25 SENATOR BONACIC: I now move to

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(518) 371-8910 1 reconsider the vote by which the bill was 2 passed. 3 ACTING PRESIDENT YOUNG: The 4 Secretary will call the roll on 5 reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 SENATOR BONACIC: Madam 9 President, I now move to recommit the bill to 10 the Committee on Health. 11 ACTING PRESIDENT YOUNG: So 12 ordered. 13 SENATOR BONACIC: Thank you. 14 Madam President, I now wish to call 15 up Calendar Number 904, Assembly Print Number 16 8295. 17 ACTING PRESIDENT YOUNG: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 904, by Member of the Assembly Weinstein, 21 Assembly Print Number 8295, an act to amend 22 the Civil Practice Law and Rules. 23 SENATOR BONACIC: I now move to 24 reconsider the vote by which this Assembly 25 bill was substituted for Senator DeFrancisco's

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(518) 371-8910 1 Senate bill, Print Number 4842, on June 16th. 2 ACTING PRESIDENT YOUNG: The 3 Secretary will call the roll on 4 reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 SENATOR BONACIC: I now move that 8 Assembly Bill Number 8295 be committed to the 9 Committee on Rules and Senator DeFrancisco's 10 bill be restored to the order of the Third 11 Reading Calendar. 12 ACTING PRESIDENT YOUNG: So 13 ordered. 14 SENATOR BONACIC: I now offer the 15 following amendments. 16 ACTING PRESIDENT YOUNG: The 17 amendments are received. 18 SENATOR BONACIC: Madam 19 President, I have one more for you. 20 I move that the following bills be 21 discharged from their respective committees 22 and be recommitted with instructions to strike 23 the enacting clause: By Senator Young, Senate 24 Bill 5590. 25 ACTING PRESIDENT YOUNG: So

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(518) 371-8910 1 ordered. 2 SENATOR BONACIC: Thank you, 3 Madam President. 4 ACTING PRESIDENT YOUNG: Senator 5 Nozzolio. 6 SENATOR NOZZOLIO: Madam 7 President, I wish to call up, on behalf of 8 Senator Leibell, Print Number 5224, recalled 9 from the Assembly, which is now at the desk. 10 ACTING PRESIDENT YOUNG: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1127, by Senator Leibell, Senate Print 5224, 14 an act to amend the Public Authorities Law. 15 SENATOR NOZZOLIO: Madam 16 President, I now move to reconsider the vote 17 by which the bill was passed. 18 ACTING PRESIDENT YOUNG: The 19 Secretary will call the roll on 20 reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 SENATOR NOZZOLIO: I now offer 24 the following amendments. 25 ACTING PRESIDENT YOUNG: The

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(518) 371-8910 1 amendments are received. 2 Senator Morahan, we have 3 substitutions. 4 SENATOR MORAHAN: Yes, please 5 make the substitutions. 6 ACTING PRESIDENT YOUNG: The 7 Secretary will read. 8 THE SECRETARY: On page 11, 9 Senator Hannon moves to discharge, from the 10 Committee on Rules, Assembly Bill Number 2721 11 and substitute it for the identical Senate 12 Bill Number 2547, Third Reading Calendar 324. 13 And on page 13, Senator Libous 14 moves to discharge, from the Committee on 15 Rules, Assembly Bill Number 4454B and 16 substitute it for the identical Senate Bill 17 Number 1820B, Third Reading Calendar 379. 18 ACTING PRESIDENT YOUNG: 19 Substitutions ordered. 20 Senator Morahan. 21 SENATOR MORAHAN: Yes, Madam 22 President. There will be a meeting of the 23 Rules Committee at 2:25 in the Majority 24 Conference Room, Room 332. 25 And we'll stand at ease at the

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(518) 371-8910 1 moment. 2 ACTING PRESIDENT YOUNG: Thank 3 you, Senator Morahan. 4 There will be a meeting of the 5 Rules Committee at 2:25 in Room 332. 6 The Senate will stand at ease. 7 (Whereupon, the Senate stood at 8 ease at 2:18 p.m.) 9 (Whereupon, the Senate reconvened 10 at 2:43 p.m.) 11 ACTING PRESIDENT YOUNG: Senator 12 Morahan. 13 SENATOR MORAHAN: Thank you, 14 Madam President. May we return to reports of 15 standing committees. I understand there's a 16 report of the Rules Committee at the desk. 17 I'd like to have that read. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator Morahan. 20 Reports of standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 24 following bills: 25 Senate Print 38, by Senator

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(518) 371-8910 1 DeFrancisco, an act to amend the Tax Law; 2 271, by Senator Volker, an act to 3 amend the Local Finance Law; 4 1613, by Senator Robach, an act to 5 amend the Penal Law; 6 1713, by Senator Seward, an act to 7 amend the Tax Law; 8 2413, by Senator Alesi, an act to 9 amend the Social Services Law; 10 2431, by Senator Padavan, an act to 11 amend the Tax Law; 12 2471, by Senator Fuschillo, an act 13 to amend the Penal Law; 14 2510A, by Senator Farley, an act to 15 amend the Education Law; 16 2617A, by Senator Winner, an act to 17 amend the Real Property Law; 18 3004, by Senator Larkin, an act to 19 amend the Civil Service Law; 20 3113, by Senator LaValle, an act to 21 amend the Vehicle and Traffic Law and the 22 State Finance Law; 23 3236A, by Senator LaValle, an act 24 to amend the Education Law; 25 3535A, by Senator Young, an act to

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(518) 371-8910 1 amend the Real Property Tax Law; 2 3827A, by Senator Golden, an act to 3 amend the Public Health Law; 4 4137A, by Senator Trunzo, an act in 5 relation to giving; 6 4206, by Senator Johnson, an act to 7 amend the Public Officers Law; 8 4704A, by Senator Marchi, an act to 9 amend the Tax Law; 10 4995, by Senator Alesi, an act to 11 amend the Tax Law; 12 5111B, by Senator Spano, an act to 13 amend the Vehicle and Traffic Law; 14 5321A, by Senator Winner, an act in 15 relation to establishing; 16 5424A, by Senator Saland, an act to 17 authorize; 18 5428, by Senator Saland, an act to 19 amend the Education Law; 20 5432, by Senator Saland, an act to 21 amend the Education Law; 22 5453, by Senator Bonacic, an act to 23 amend the General City Law; 24 5457A, by Senator Padavan, an act 25 to authorize;

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(518) 371-8910 1 5461, by Senator Nozzolio, an act 2 to amend the General Municipal Law; 3 5490, by Senator Saland, an act to 4 amend the Education Law; 5 5531, by Senator Alesi, an act to 6 authorize; 7 5549, by Senator LaValle, an act 8 relating to providing; 9 5577, by Senator Meier, an act to 10 provide; 11 5604, by Senator LaValle, an act to 12 amend the Education Law; 13 5607, by Senator Rath, an act to 14 amend the Real Property Tax Law; 15 5620, by Senator Padavan, an act to 16 amend the Real Property Tax Law; 17 5624, by Senator Flanagan, an act 18 to amend the Mental Hygiene Law; 19 5630, by Senator DeFrancisco, an 20 act to provide; 21 5632, by Senator Alesi, an act to 22 amend the Administrative Procedure Act; 23 5633, by Senator Alesi, an act to 24 amend the Economic Development Law; 25 5662, by Senator Libous, an act to

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(518) 371-8910 1 amend Chapter 549 of the Laws of 1994; 2 And Senate Print 5666, by Senator 3 Oppenheimer, an act to amend the Tax Law. 4 All bills ordered direct to third 5 reading. 6 ACTING PRESIDENT YOUNG: Senator 7 Morahan. 8 SENATOR MORAHAN: I ask for a 9 motion to accept the Rules Committee report. 10 ACTING PRESIDENT YOUNG: All in 11 favor of accepting the report of the Rules 12 Committee signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT YOUNG: Opposed, 15 nay. 16 (No response.) 17 ACTING PRESIDENT YOUNG: The 18 report is accepted. 19 Senator Morahan. 20 SENATOR MORAHAN: Madam 21 President, can we return to motions and 22 resolutions, please. 23 ACTING PRESIDENT YOUNG: Thank 24 you, Senator Morahan. 25 Motions and resolutions.

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(518) 371-8910 1 Senator Bonacic. 2 SENATOR BONACIC: Thank you, 3 Madam President. 4 I wish to call up a bill by Senator 5 LaValle, Print Number 3744, recalled from the 6 Assembly, which is now at the desk. 7 ACTING PRESIDENT YOUNG: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 548, by Senator LaValle, Senate Print 3744, an 11 act to amend Chapter 610 of the Laws of 2004. 12 SENATOR BONACIC: I now move to 13 reconsider the vote by which this bill was 14 passed. 15 ACTING PRESIDENT YOUNG: The 16 Secretary will call the roll on 17 reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 SENATOR BONACIC: Madam 21 President, I now offer the following 22 amendments. 23 ACTING PRESIDENT YOUNG: The 24 amendments are received. 25 SENATOR BONACIC: Thank you.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Senator 2 Morahan. 3 SENATOR MORAHAN: Yes, Madam 4 President, we'll stand at ease for a few 5 minutes while the calendars are being prepared 6 and distributed. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Morahan. 9 The house stands at ease. 10 (Whereupon, the Senate stood at 11 ease at 2:48 p.m.) 12 ACTING PRESIDENT YOUNG: Senator 13 Morahan. 14 SENATOR MORAHAN: Yes, Madam 15 President. There will be an immediate meeting 16 of the Majority conference in the Majority 17 Conference Room. 18 We should be returning to the 19 chamber at approximately 3:15, 3:20, and we'll 20 take up the Rules calendar that we just 21 adopted. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Morahan. 24 SENATOR MORAHAN: And the Senate 25 will stand at ease in the interim.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: There 2 will be an immediate conference of the Senate 3 Majority in the Majority Conference Room, and 4 the Senate will stand at ease until 3:15. 5 (Whereupon, the Senate reconvened 6 at 3:33 p.m.) 7 ACTING PRESIDENT YOUNG: Senator 8 Morahan. 9 SENATOR MORAHAN: Thank you, 10 Madam President. 11 Could we now have the reading of 12 the noncontroversial calendar, Senate 13 Supplemental Calendar Number 57A. 14 ACTING PRESIDENT YOUNG: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 1570, by Senator DeFrancisco, Senate Print 38, 18 an act to amend the Tax Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1571, by Senator Volker, Senate Print 271, an 7 act to amend the Local Finance Law. 8 ACTING PRESIDENT YOUNG: There is 9 a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1572, by Senator Robach, Senate Print 1613, an 21 act to amend the Penal Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect --

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(518) 371-8910 1 SENATOR DUANE: Lay it aside, 2 please. 3 ACTING PRESIDENT YOUNG: The bill 4 is laid aside. 5 SENATOR MORAHAN: Lay it aside 6 for the day, please. 7 ACTING PRESIDENT YOUNG: The bill 8 is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 1573, by Senator Seward, Senate Print 1713, an 11 act to amend the Tax Law. 12 ACTING PRESIDENT YOUNG: There is 13 a local fiscal impact note at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. Nays, 21 1. Senator Valesky recorded in the negative. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1574, by Senator Alesi, Senate Print 2413, an

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(518) 371-8910 1 act to amend the Social Services Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1575, by Senator Padavan -- 14 SENATOR MORAHAN: Lay it aside 15 for the day, please. 16 ACTING PRESIDENT YOUNG: The bill 17 is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 1576, by Senator Fuschillo, Senate Print 20 2471 -- 21 SENATOR MORAHAN: Lay it aside 22 for the day, please. 23 ACTING PRESIDENT YOUNG: The bill 24 is laid aside for the day. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1577, by Senator Farley, Senate Print 2510A, 2 an act to amend the Education Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1579, by Senator Larkin, Senate Print 3004, an 15 act to amend the Civil Service Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1580, by Senator LaValle, Senate Print 3113, 3 an act to amend the Vehicle and Traffic Law 4 and the State Finance Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1581, by Senator LaValle, Senate Print 3236A, 17 an act to amend the Education Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1582, by Senator Young, Senate Print 3535A, an 5 act to amend the Real Property Tax Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. Nays, 14 1. Senator Duane recorded in the negative. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1583, Senator Golden moves to 19 discharge, from the Committee on Health, 20 Assembly Bill Number 3812A and substitute it 21 for the identical Senate Bill Number 3827A, 22 Third Reading Calendar 1583. 23 ACTING PRESIDENT YOUNG: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1583, by Member of the Assembly Perry, 3 Assembly Print Number 3812A, an act to amend 4 the Public Health Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 120th day. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1585, by Senator Johnson, Senate Print 4206, 17 an act to amend the Public Officers Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1586, by Senator Marchi, Senate Print 4704A, 5 an act to amend the Tax Law. 6 ACTING PRESIDENT YOUNG: There is 7 a local fiscal impact note at the desk. 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the first day of a 11 sales tax quarterly period. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1587, by Senator Alesi, Senate Print -- 20 SENATOR SCHNEIDERMAN: Lay it 21 aside. 22 ACTING PRESIDENT YOUNG: The bill 23 is laid aside. 24 SENATOR MORAHAN: Lay it aside 25 for the day, please.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 1589, by Senator Winner, Senate Print 5321A, 5 an act in relation to establishing. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 8. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1591, by Senator Saland, Senate Print 5428, an 18 act to amend the Education Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 8. This 22 act shall take effect on the first of 23 September. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1592, by Senator Saland, Senate Print 5432, an 7 act to amend the Education Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 18. This 11 act shall take effect on the 180th day. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1593, by Senator Bonacic, Senate Print 5453, 20 an act to amend the General City Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1595, by Senator Nozzolio, Senate Print 5461, 8 an act to amend the General Municipal Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1596, by Senator Saland, Senate Print 5490, an 21 act to amend the Education Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Senator 5 Duane, to explain his vote. 6 SENATOR DUANE: Thank you, Madam 7 President. 8 I'm voting in the affirmative on 9 this bill. However, I'm still hopeful that 10 this session we can pass the Dignity for All 11 Students Act, thereby avoiding violent 12 incidents from happening in the schools. 13 Thank you, Madam President. 14 ACTING PRESIDENT YOUNG: Your 15 vote will be recorded in the affirmative. 16 Thank you, Senator Duane. 17 Announce the results. 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1597, by Senator Alesi, Senate Print 5531, an 23 act to authorize the Town of Riga. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1598, by Senator LaValle, Senate Print 5549, 11 an act relating to providing. 12 ACTING PRESIDENT YOUNG: There is 13 a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1599, by Senator Meier, Senate Print 5577, an 25 act to provide an accelerated schedule.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 Senator Morahan. 12 SENATOR MORAHAN: Yes, Madam 13 President. Can we return to Calendar 1597, 14 please. I'd like to reconsider the vote by 15 which this bill was passed. 16 ACTING PRESIDENT YOUNG: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 1597, by Senator Alesi, Senate Print 5531. 20 ACTING PRESIDENT YOUNG: Call the 21 roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 SENATOR MORAHAN: Lay the bill 25 aside for the day, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is laid aside for the day. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1600, by Senator LaValle, Senate Print 5604, 6 an act to amend the Education Law. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1604, Senator DeFrancisco 19 moves to discharge, from the Committee on 20 Rules, Assembly Bill Number 8206A and 21 substitute it for the identical Senate Bill 22 Number 5630, Third Reading Calendar 1604. 23 ACTING PRESIDENT YOUNG: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1604, by Member of the Assembly Magnarelli, 3 Assembly Print Number 8206A, an act to provide 4 an accelerated schedule. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1605, by Senator Alesi, Senate Print 5632, an 17 act to amend the Administrative Procedure Act. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect July 1, 2005. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1606, Senator Alesi moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 8633 and substitute it 7 for the identical Senate Bill Number 5633, 8 Third Reading Calendar 1606. 9 ACTING PRESIDENT YOUNG: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1606, by Member of the Assembly Weprin, 14 Assembly Print Number 8633, an act to amend 15 the Economic Development Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 1607, Senator Libous moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 8782 and substitute it 5 for the identical Senate Bill Number 5662, 6 Third Reading Calendar 1607. 7 ACTING PRESIDENT YOUNG: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1607, by the Assembly Committee on Rules, 12 Assembly Print Number 8782, an act to amend 13 Chapter 549 of the Laws of 1994. 14 ACTING PRESIDENT YOUNG: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT YOUNG: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 Senator Morahan. 25 SENATOR MORAHAN: Yes, Madam

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(518) 371-8910 1 President. Is there any other housekeeping at 2 the desk, any other business? 3 ACTING PRESIDENT YOUNG: Yes, we 4 have motions. 5 SENATOR MORAHAN: Return to 6 motions and resolutions. 7 ACTING PRESIDENT YOUNG: Motions 8 and resolutions. 9 Senator Bonacic. 10 SENATOR BONACIC: Thank you, 11 Madam President. 12 On behalf of Senator Spano, I'll 13 move to amend Senate Bill 5287A by striking 14 out the amendments made on June 9, 2005, and 15 restoring it to its original print number, 16 5287. 17 ACTING PRESIDENT YOUNG: So 18 ordered. 19 SENATOR BONACIC: Madam 20 President, on page number 51, I offer the 21 following amendment to Senator Alesi's bill, 22 Calendar Number 1372, Print Number 5024, and 23 ask that said bill retain its place on the 24 Third Reading Calendar. 25 ACTING PRESIDENT YOUNG: The

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(518) 371-8910 1 amendment is received, and the bill will 2 retain its place on the Third Reading 3 Calendar. 4 SENATOR BONACIC: Thank you, 5 Madam President. 6 ACTING PRESIDENT YOUNG: Thank 7 you. 8 Senator Morahan. 9 SENATOR MORAHAN: Madam 10 President, there being no further business to 11 come before the Senate, I move that we adjourn 12 until Monday, June 20th, at 3:00 p.m., 13 intervening days being legislative days. 14 ACTING PRESIDENT YOUNG: On 15 motion, the Senate stands adjourned until 16 Monday, June 20th, at 3:00 p.m., intervening 17 days being legislative days. 18 (Whereupon, at 3:50 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25

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(518) 371-8910