Monday, June 20, 2005

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

Candyco Transcription Service, Inc.

(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 stand and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us today to 10 give the invocation is Deacon Walter J. 11 MacKinnon, from St. Edwards the Confessor 12 Church, part of the Catholic Diocese of 13 Albany. 14 DEACON MacKINNON: Creator God, 15 for the many blessings that we have received, 16 we give thanks. 17 We now ask for Your guidance as we 18 prepare for this session of the Senate. Give 19 us grace and understanding so that we may 20 continue to govern with truth and honesty for 21 the citizens of the State of New York. 22 Amen. 23 THE PRESIDENT: Reading of the 24 Journal. 25 THE SECRETARY: In Senate,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Sunday, June 19, the Senate met pursuant to 2 adjournment. The Journal of Saturday, 3 June 18, was read and approved. On motion, 4 Senate adjourned. 5 THE PRESIDENT: Without 6 objection, the Journal stands approved as 7 read. 8 Presentation of petitions. 9 Messages from the Assembly. 10 Messages from the Governor. 11 Reports of standing committees. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Farley. 17 SENATOR FARLEY: Thank you, Madam 18 President. I've got a lot of motions here. 19 On behalf of Senator Volker, on 20 page 22 -- 21 SENATOR FUSCHILLO: Madam 22 President. 23 THE PRESIDENT: Excuse me, 24 Senator Farley. I have to call on Senator 25 Fuschillo.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: May we just 3 postpone the motions and resolutions for a 4 moment, please. 5 THE PRESIDENT: Yes, Senator. 6 SENATOR FUSCHILLO: I believe 7 there's a resolution at the desk, 2636, by 8 Senator Paterson. May we have it read in its 9 entirety and move for its immediate adoption. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: By Senator 13 Paterson, Legislative Resolution Number 2636, 14 honoring Patricia Meili, Achilles Track Club 15 Board Chair and Founder of the Hope & 16 Possibility 5 Mile Run/Walk. 17 "WHEREAS, It is the custom of this 18 Legislative Body that the quality and 19 character of life in this great Empire State 20 is indelibly enriched by individuals of 21 remarkable integrity and character whose 22 professional lives and civic endeavors serve 23 to enhance the stature of the State of 24 New York; and 25 "WHEREAS, Attendant to such

Candyco Transcription Service, Inc.

(518) 371-8910 1 concern, and in full accord with its 2 long-standing traditions, this Legislative 3 Body is justly proud to honor Patricia Meili, 4 a most extraordinary woman, upon whose 5 inspiration The Annual Hope & Possibility 6 5 Mile Run/Walk came to be; and 7 "WHEREAS, This incredible journey 8 of courage and perseverance began 16 years 9 ago, when an unspeakable horror befell one 10 lone female jogger in New York City's Central 11 Park; and 12 "WHEREAS, Slowly, and with an inner 13 strength of unimaginable proportions, Patricia 14 Meili charted a course to reclaim her life. 15 But hers is not a story in the singular, it is 16 one of many, for she has used her experience 17 to give voice to millions of others who have 18 survived the odds and championed adversity; 19 and 20 "WHEREAS, Through her elegant 21 selflessness and brave honesty, Patricia Meili 22 has inspired within all of us a renewed sense 23 of hope and possibility. For this, we are all 24 made better people; and 25 "WHEREAS, Founded in 1983 by Dick

Candyco Transcription Service, Inc.

(518) 371-8910 1 Traum, the Achilles Track Club is an 2 international organization dedicated to 3 helping disabled people partake in athletic 4 activities. Patricia Meili serves as 5 chairwoman of its board of directors; and 6 "WHEREAS, Three years ago, she 7 conceived of an event that would rejoice in 8 the human spirit, a high-profile and visible 9 indicia of her and the Achilles Track Club's 10 unwavering commitment to empowering the 11 disabled community; and 12 "WHEREAS, This event, the Annual 13 Hope & Possibility 5 Mile Run/Walk, is more 14 than an athletic exercise, it is a celebration 15 of life, a statement of strength and a chorus 16 of collective community energy as abled-bodied 17 and challenged men, women and children come 18 together in one unified voice of hope and 19 possibility; and 20 "WHEREAS, The Third Annual Hope & 21 Possibility 5 Mile Run/Walk takes place on 22 Sunday, June 26, 2005. Its participants hail 23 from across America and all over the world -- 24 members of the New York City police and fire 25 departments, advocates from the disability

Candyco Transcription Service, Inc.

(518) 371-8910 1 community, the children who comprise Achilles 2 kids, and the After-School All Stars; our war 3 veterans, the heroes and heroines of America; 4 mothers, fathers, supporters and friends, and, 5 of course, one famous jogger, Patricia Meili; 6 and 7 "WHEREAS, Let New York and America 8 stand in solidarity with Patricia Meili and 9 the courageous participants of the Third 10 Annual Hope & Possibility 5 Mile Run/Walk, for 11 these men, women and children are worthy of 12 our highest respect and esteem; now, 13 therefore, be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to honor 16 Patricia Meili and to commemorate the Annual 17 Hope & Possibility 5 Mile Run/Walk; and be it 18 further 19 "RESOLVED, that a copy of this 20 resolution, suitably engrossed, be transmitted 21 to Patricia Meili." 22 THE PRESIDENT: Senator Paterson. 23 SENATOR PATERSON: Thank you, 24 Madam President. 25 THE PRESIDENT: You're welcome.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR PATERSON: It is my 2 distinct honor, above even the other times 3 I've been honored, to speak before this 4 chamber in support of this resolution honoring 5 Patricia Meili, whose name was not known to 6 many of us for years but who was commonly 7 referred to as the "Central Park Jogger." 8 In mid-April of 1989, while on an 9 evening jog through the park, she was attacked 10 and suffered severe, major brain injuries and 11 other unsettling injuries as a result of this 12 action. She was taken to Metropolitan 13 Hospital; her brain swelled to twice its size. 14 We won't go into the particulars of the 15 devastation of this trauma, but just to say 16 that after a very long, long convalescence and 17 a lot of hard work, she was able to transpose 18 herself from victim to survivor. 19 She was a person who was looked 20 upon by residents of the City of New York as 21 one who had conquered one of the most 22 insufferable tragedies and actually turned it 23 into an experience that was spiritual and 24 shared by many. 25 She joined the Achilles Track Club,

Candyco Transcription Service, Inc.

(518) 371-8910 1 which is the running track club for the 2 disabled, and completed the New York City 3 Marathon in 1994. At her side, and at her 4 side today, is the executive director of the 5 Achilles Track Club, Dick Traum. 6 And in 2003, she went back into the 7 park to run around the park, six miles, which 8 is one lap around the park, in what she coined 9 the Race for Hope & Possibility, in which, as 10 is described in the resolution, many others 11 joined, including myself. 12 However, that was my first year 13 serving as leader of this body. And because 14 Senator Skelos and Senator Bruno and so many 15 people here made me work during the months of 16 April, May, and June when I should have been 17 practicing, though I ran in the New York City 18 Marathon in 1999, I found those six miles the 19 most torturous of my life. And in addition to 20 Ms. Meile's great achievements was the fact 21 that, for the last mile of that race, she 22 carried a state senator across the finish 23 line. 24 Now, on Sunday, June 26th, the 25 third anniversary of the Race for Hope &

Candyco Transcription Service, Inc.

(518) 371-8910 1 Possibility will occur. 2 Patricia Meili and Dick Traum have 3 also gone to Washington to visit our injured 4 and disabled as a result of the wars in Iraq 5 and Afghanistan. They have created a 6 five-mile run for those, even those who are in 7 wheelchairs or on crutches, a five-mile race 8 for them. It has demonstrated their 9 willingness and desire to continue their 10 lives, their dedication and perseverance 11 against the injuries that they suffered 12 defending our country overseas. 13 One year after the September 11th 14 tragedy, they organized a race around the 15 Ground Zero area, again, to try to ameliorate 16 some of the pain and some of the uncertainty 17 that arose from that attack on this country 18 just four years ago. 19 These two individuals have 20 distinguished themselves and have really 21 demonstrated what can happen when people start 22 to look at who we are and what we are and what 23 we actually can be. 24 In an NBC special aired last year 25 on the life and the travails of Patricia

Candyco Transcription Service, Inc.

(518) 371-8910 1 Meili, she talked at one point about the 2 double tragedy. The double tragedy refers to 3 the fact that in 2002, the district attorney's 4 office of New York County exonerated five 5 individuals who were convicted for attacking 6 Ms. Meile when a sixth individual came forward 7 whose DNA was the match for the attacker and 8 who had committed other offenses in the area 9 at the same time that were never reported 10 because they were on the New York City Police 11 Department's sex crimes unit log and not on 12 the homicide unit log where Ms. Meile's case 13 was. 14 This unfortunate second tragedy led 15 to the incarceration of five young people who 16 had nothing to do with the attack on 17 Ms. Meile. And her ability to fight through 18 the pain and anguish to revisit the original 19 incident in which she was at the time a 20 victim, to actually demonstrate that kind of 21 compassion and sympathy for the young men and 22 their families, again bears witness to the 23 tremendous character and the seemingly 24 unparalleled way in which she has affected so 25 many people around the State of New York and

Candyco Transcription Service, Inc.

(518) 371-8910 1 particularly those who live in the City of 2 New York. 3 Now a resident of Connecticut, 4 Ms. Meile continues her work as chair of the 5 Achilles Track Club board and as a contributor 6 and an advocate for many causes, including 7 those of major brain injury and those of women 8 who are victims of rape and other serious 9 attacks. 10 So there are very few times that we 11 in this chamber are able to recognize and to 12 spend a moment to thank an individual such as 13 this, who it would be well understood if they 14 just had gone on to the rest of their life and 15 celebrated it in privacy, for them to come out 16 time and time again to help those who have 17 been afflicted as they have been and to help 18 those who have been disabled or injured in the 19 prospect of their lives. 20 So it is my distinct pleasure, and 21 I hope all of yours, to recognize Ms. Meile at 22 this time. 23 And I took the liberty of 24 volunteering to Dick Traum that we would all 25 run the New York City Marathon this year in

Candyco Transcription Service, Inc.

(518) 371-8910 1 November. And I think that right after this 2 week, we all better start training. I can see 3 that a few who will be in the front of the 4 line might need to get out there and run 5 around a little bit. But please know that 6 every scientific experiment conducted 7 demonstrates the more people run, the more 8 intelligent they become. So certainly this 9 chamber could take advantage of that. 10 But in the midst of all that, and 11 with deepest sincerity, I would like to thank 12 Patricia Meili for all that she's done and 13 would like to welcome her to the New York 14 State Senate. 15 Thank you. 16 THE PRESIDENT: Senator Balboni. 17 SENATOR BALBONI: Madam 18 President, so many times in this chamber we 19 focus on the deeds and actions of the 20 criminals of our society -- the savages, the 21 animals, the people who would prey on those 22 who are vulnerable and unprotected. 23 And yet oftentimes as a society we 24 move on, and we never remember the forgotten, 25 the victims, the folks who have to carry on

Candyco Transcription Service, Inc.

(518) 371-8910 1 with their lives. 2 It's really appropriate, Senator 3 Paterson, and I'd like to thank you for 4 inviting this guest today, who I think 5 personifies for so many of us the strength of 6 character that can come from one individual 7 who's supported by an community, but does so 8 in anonymity. 9 And we want to tell you that you 10 are an inspiration to all of us. So many 11 people, who if they had suffered what you have 12 suffered, might not have gone on. 13 And it's great to be able to have 14 you here today, looking so fit and continuing 15 to do what you love, what you were doing at 16 the time of the horrible attack, run. It's a 17 great exercise. You're a great person. This 18 is a wonderful opportunity for us. 19 Thank you, Madam President. 20 THE PRESIDENT: Senator 21 Stachowski. 22 SENATOR STACHOWSKI: Madam 23 President, I too rise to just add a few words 24 to this resolution. 25 And earlier I had the opportunity

Candyco Transcription Service, Inc.

(518) 371-8910 1 to have lunch with Patricia and with Dick. 2 And one of the things they pointed out, and 3 David brushed by it because he had so much to 4 say, was that they had visited some of the 5 injured veterans. 6 And 75 of those injured veterans 7 are going to run in this race for hope. And 8 not only are they physically injured veterans, 9 there's some of them that are brain-injured. 10 And part of the purpose of Ms. Meile's work 11 now is to promote help for major traumatic 12 brain injury. 13 And that seems to be one of the 14 unknown injuries coming out of these wars, 15 more so than out of previous wars, because 16 these men are surviving because of the 17 equipment they have, but they're also 18 incurring brain injuries. Which they can't 19 show up on x-rays unless they have brain 20 swelling, and they have major effects on your 21 life and on your existence. And sometimes 22 they go unnoticed. And I think it's very 23 important that they've reached out to them. 24 And as Senator Paterson mentioned 25 in his remarks, that runners become more

Candyco Transcription Service, Inc.

(518) 371-8910 1 intelligent, there are also some studies that 2 are showing that people that have had brain 3 injuries, if they can start to exercise again, 4 they get more recuperative advantages from 5 that. And so that if they were runners and 6 start running again, it's very helpful to 7 them. And it's not something they're 8 proposing to test, they already have some 9 tests where people that were injured have done 10 this. 11 So I think that it's real important 12 to make a second note of the fact that these 13 veterans are participating. And it's a 14 wonderful aspect that they reached out, the 15 Achilles Truck Club and these two individuals 16 reached out to these veterans to get them 17 involved and give them hope and show them 18 that, you know, as most people find when you 19 first get injured, you lack a sense of -- that 20 you're never going to be same and things might 21 not work out for you. 22 But by people that are dealing with 23 injury come in and show you hope, I think it 24 gives those veterans hope. And for that, I 25 too would like to mention that and add that to

Candyco Transcription Service, Inc.

(518) 371-8910 1 something that makes us also proud and glad 2 that we have this resolution to support. 3 THE PRESIDENT: Does any other 4 member wish to be heard? 5 The question, then, is on the 6 resolution. 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 resolution is 12 adopted. 13 And you have our very best and 14 sincere wishes for continued success. You 15 deserve every bit of it. 16 Best wishes. 17 (Standing ovation.) 18 THE PRESIDENT: Senator 19 Fuschillo. 20 SENATOR FUSCHILLO: Madam 21 President, will you please recognize Senator 22 Paterson. 23 THE PRESIDENT: Senator Paterson. 24 SENATOR PATERSON: Oh, Madam 25 President, this is the part where Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Fuschillo wants me to open it up so that all 2 the members can be on the resolution. And 3 I'll open it to all the members who will be 4 there on Sunday to run 5 miles, 6 miles for 5 hope and possibility. 6 (Laughter.) 7 SENATOR PATERSON: And since you 8 can't lie about the future, I'll open it up 9 and let's have all the members on the 10 resolution. Thank you. 11 THE PRESIDENT: Any member who 12 does not wish to cosponsor the last resolution 13 please notify the desk. 14 Senator Fuschillo. 15 SENATOR FUSCHILLO: Madam 16 President, will you please return to reports 17 of standing committees. I believe there's a 18 report of the Judiciary Committee at the desk. 19 THE PRESIDENT: Reports of 20 standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator 23 DeFrancisco, from the Committee on Judiciary, 24 reports the following nominations. 25 As a judge of the Court of Claims,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Margaret Lillian Clancy, of 2 Hastings-on-Hudson. 3 THE PRESIDENT: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: Thank you, 6 Madam President. I rise to move the 7 nomination of Margaret Lillian Clancy as a 8 judge of the Court of Claims. 9 We have several motions of the same 10 sort, all for reappointments to the Court of 11 Claims. 12 The committee, prior to the 13 committee meeting, thoroughly reviewed her 14 qualifications. She appeared before the 15 Judiciary Committee and was unanimously 16 approved for submission to the full Senate on 17 the nomination. And I would move that 18 nomination. 19 Senator Spano, her Senator, was 20 hoping to be here. He's in several meetings 21 that are going one at a time and very, very 22 slowly, unfortunately. So I would, on his 23 behalf, just talk a little bit about her 24 qualifications. 25 She has been a Court of Claims

Candyco Transcription Service, Inc.

(518) 371-8910 1 judge since June of 2000 and served in the 2 Criminal Division. Before that time, she was 3 the chief of the Frauds Bureau of the New York 4 County District Attorney's Office, then was, 5 before that, the chief of the Special 6 Prosecutions Bureau, the deputy chief of the 7 Trial Bureau. 8 And her career is always the chief. 9 She was always the chief of one bureau or 10 another, and has shown her great 11 qualifications in the area of criminal law. 12 So I'm very pleased to move her 13 nomination and recommend her confirmation by 14 the Senate. 15 THE PRESIDENT: The question now 16 is on the nomination of Margaret Lillian 17 Clancy as a judge of the Court of Claims. All 18 in favor please signify by saying aye. 19 (Response of "Aye.") 20 THE PRESIDENT: Opposed, nay. 21 (No response.) 22 THE PRESIDENT: The nominee is 23 hereby confirmed. 24 She is here with her husband, 25 Steven Standiford, and her daughters, Emily

Candyco Transcription Service, Inc.

(518) 371-8910 1 and Catherine Standiford. 2 Congratulations, and every best 3 wish for success. 4 (Applause.) 5 THE PRESIDENT: The Secretary 6 will continue to read. 7 THE SECRETARY: As a judge of the 8 Court of Claims, Robert Joseph Collini, of 9 Staten Island. 10 THE PRESIDENT: Senator 11 DeFrancisco. 12 SENATOR DeFRANCISCO: I also rise 13 to move the nomination of Robert Joseph 14 Collini, of Staten Island. 15 He also had his qualifications 16 thoroughly reviewed. He appeared before the 17 committee, and his nomination was unanimously 18 approved to be sent to the full Senate. 19 And I would request that you please 20 call on Senator Marchi to second the 21 nomination. 22 THE PRESIDENT: Senator Marchi. 23 SENATOR MARCHI: Well, I'm 24 pleased to add my name here. 25 I might add, Madam President, that

Candyco Transcription Service, Inc.

(518) 371-8910 1 this morning -- or this afternoon, I'll be 2 suffering from an embarrassment of riches. 3 There are several more coming up, and these 4 people are incredible. They're awfully good. 5 And it's with great pleasure that I 6 start out with Robert J. Collini, with a 7 Bachelor of Arts in political science, Phi 8 Beta Kappa, Regents diploma from Xaverian High 9 School in Brooklyn. Probably I'm embarrassed 10 because, you know, some of this stuff, I 11 enjoyed some of the same privileges. 12 But he's had so many here that I'm 13 very, very proud to forward his nomination. 14 New York State Civil and Military Affairs 15 Detachment, captain; Kings County Criminal Bar 16 Association; Small Claims in Richmond County 17 and Kings County. Affiliations: Juvenile 18 Diabetes Research Foundation, U.S. Army War 19 College, Republican County Committee. And it 20 goes on and on. 21 He was born in Vicenza, Italy, a 22 city that I know well. Probably I remember it 23 better than he does. But in any event, he's 24 married, and they have an 18-year-old 25 daughter.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And his record is studded with 2 interesting sidelights and accomplishments 3 during his academic and professional career. 4 So I'm very happy to second this nomination. 5 THE PRESIDENT: The question now 6 is on the nomination of Robert Joseph Collini, 7 of Staten Island, as a judge of the Court of 8 Claims. All in favor please signify by saying 9 aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The nominee is 14 hereby confirmed. 15 He is here this afternoon with his 16 wife, Ann, and his daughter, Victoria. 17 Best wishes and congratulations, 18 Judge. 19 (Applause.) 20 THE PRESIDENT: The Secretary 21 will continue to read. 22 THE SECRETARY: As a judge of the 23 Court of Claims, Alan L. Honorof, of Mineola. 24 THE PRESIDENT: Senator 25 DeFrancisco.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR DeFRANCISCO: I again 2 rise to move the nomination of a reappointment 3 to the Court of Claims, Alan L. Honorof. 4 He also had his qualifications 5 thoroughly reviewed. He appeared before the 6 full committee and was unanimously voted to 7 have his nomination forwarded to the full 8 Senate. 9 I would call on Senator Balboni to 10 second the nomination. 11 THE PRESIDENT: Senator Balboni. 12 SENATOR BALBONI: Yes, Madam 13 President. I have the opportunity and 14 privilege to speak on behalf of a good friend. 15 It's so nice when we see people who 16 come up through the ranks and who have 17 developed an expertise in certain areas of the 18 law but, when they ascend to the bench, don't 19 forget where they come from. They're always 20 available to people who would ask their advice 21 on things, treat litigants fairly and 22 competently and, frankly, are somebody who we 23 all look to as providing the right type of 24 persona for someone who would ascend to the 25 bench.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And, Madam President, I know as an 2 excellent jurist in your own right you 3 appreciate those kinds of qualities in these 4 nominees. 5 I wish the judge many years of 6 success as he goes forward, and I am proud to 7 second this nomination. 8 Thank you, Madam President. 9 THE PRESIDENT: The question now 10 is on the nomination of Alan L. Honorof, of 11 Mineola, as a judge of the Court of Claims. 12 All in favor please signify by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The nominee is 17 hereby confirmed. 18 He is here today with his friend 19 Martha Rohl. 20 Congratulations and best wishes, 21 Judge. 22 (Applause.) 23 THE PRESIDENT: The Secretary 24 will continue to read. 25 THE SECRETARY: As a judge of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Court of Claims, Richard C. Kloch, Sr., of 2 North Tonawanda. 3 THE PRESIDENT: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: I again 6 rise to move the nomination of Richard C. 7 Kloch, also a reappointment for the Court of 8 Claims. 9 The committee thoroughly reviewed 10 his qualifications. He appeared before the 11 Judiciary Committee and was unanimously 12 referred to the full Senate. 13 I would call on the Honorable 14 George Maziarz to second the nomination. 15 THE PRESIDENT: Senator Maziarz. 16 SENATOR MAZIARZ: Thank you very 17 much, Madam President. Thank you, Senator 18 DeFrancisco. 19 Madam President, it is with a great 20 deal of honor that I stand up to second the 21 nomination of my very good friend Judge 22 Richard Kloch. 23 I had the occasion just this last 24 week, Madam President, to speak to a woman who 25 was the mother of a crime victim. This mother

Candyco Transcription Service, Inc.

(518) 371-8910 1 of an 8-year-old little girl was very 2 skeptical, going into the criminal justice 3 system, that her daughter would receive fair 4 and good treatment. But she said to me one 5 thing that I think is very memorable, that she 6 didn't expect good things but, when she went 7 into court in front of Judge Kloch, not only 8 were her expectations met, but they were 9 exceeded. That Judge Kloch was extremely 10 fair, he was generous, and he really helped 11 very much in putting her daughter on the road 12 to recovery. 13 Richard has served very well as a 14 city court judge, as corporation counsel for 15 the City of North Tonawanda. He's joined here 16 today by his wife, Ellie, and his beautiful 17 little daughter Richelle, who's hiding because 18 she's embarrassed. And I know that his other 19 children could not be here today, Richard and 20 Bob and Sara, but I know that they are very 21 proud, as well they should be, of their 22 father. 23 And sadly, of course, not here in 24 person but here in spirit, and I'm sure most 25 meaningful to Richard, the fact that his mom

Candyco Transcription Service, Inc.

(518) 371-8910 1 and dad are here in spirit. They are as proud 2 of you today, Richard, as they were back in 3 November of 1977 when you were first elected 4 to public office. And both of us have come a 5 long way since November of '77, Richard. 6 Thank you, Madam President. 7 THE PRESIDENT: Senator Rath. 8 SENATOR RATH: Thank you, Madam 9 President. 10 I would like to add my seconding to 11 Senator Maziarz's seconding for Judge Kloch. 12 In our neighboring counties of Niagara and 13 Erie, everyone knows everyone. All the bench 14 and all the bar, everyone knows who is who, 15 and everyone is always very cognizant of when 16 someone is being elevated. 17 And as Judge Kloch has come along, 18 everyone been so very pleased to have him in 19 his position, because he does put a face on 20 justice, as Senator Maziarz said, a kindly 21 face, a face that's thoughtful, backed up by 22 wisdom, and a true professional spirit. 23 So congratulations. We're very 24 happy for you, Judge. 25 THE PRESIDENT: Senator Maziarz.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR MAZIARZ: Madam 2 President, continuing on my nomination, and at 3 the urging of my colleagues over here in this 4 row, I should have noted, just for the record, 5 that last November, 6 1/2, 7 months ago, Judge 6 Kloch actually performed the marriage ceremony 7 of myself and my wife. 8 Thank you, Madam President. 9 (Applause.) 10 THE PRESIDENT: That's grounds 11 for congratulations all the way around. 12 Any other member wish to be heard? 13 Then the question, now, is on the 14 nomination of Richard C. Kloch, Sr., of North 15 Tonawanda, as a judge of the Court of Claims. 16 All in favor please signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The nominee is 21 hereby confirmed. 22 And we wish you the very best and 23 continued success, Judge. 24 (Applause.) 25 THE PRESIDENT: The Secretary

Candyco Transcription Service, Inc.

(518) 371-8910 1 will continue to read. 2 THE SECRETARY: As a judge of the 3 Court of Claims, Dan Lamont, of Cobleskill. 4 THE PRESIDENT: Senator 5 DeFrancisco. 6 SENATOR DeFRANCISCO: I again 7 rise to move the nomination of Dan Lamont as a 8 reappointment to the Court of Claims. 9 His qualifications were determined 10 to be in line with those required of a Court 11 of Claims judge, and it far exceeded them, 12 quite frankly. He appeared before the 13 committee, and the committee unanimously voted 14 to move his nomination to the full floor. 15 I would request that, Madam 16 President, you recognize Senator Seward to 17 second the nomination. 18 THE PRESIDENT: Senator Seward. 19 SENATOR SEWARD: Well, thank you, 20 Senator DeFrancisco and Madam President. 21 It's indeed both a personal and 22 professional privilege to rise to second the 23 nomination of Judge Dan Lamont to continue on 24 the New York State Court of Claims. 25 Judge Lamont is a graduate of

Candyco Transcription Service, Inc.

(518) 371-8910 1 Hamilton College and Albany Law School. And 2 after a stint as an Assistant Attorney General 3 under Attorney General Lefkowitz, and serving 4 our country in the United States Navy as a 5 counsel, trial counsel, he went back to 6 Cobleskill, in Schoharie County, to set up a 7 private practice, and in 1978 was elected the 8 Schoharie County judge, which also includes 9 the Surrogate Court and Family Court judge. 10 We call that a three-hatted judge in our area. 11 So Judge Lamont had 17 years' 12 experience hearing all kinds of cases in all 13 three of those courts in Schoharie County. 14 And in 1995, Governor Pataki nominated Judge 15 Lamont to sit on the Court of Claims, and he 16 has done so very admirably these last ten 17 years. So I'm very, very pleased to rise to 18 second his confirmation here today. 19 I might add that public service 20 runs in the Lamont family. His wife, Beth, 21 happens to be on my staff in Schoharie County, 22 and his son Seth is counsel to our Senate 23 Insurance Committee in my office. 24 Also joining the judge in the 25 gallery is another daughter, who happens to be

Candyco Transcription Service, Inc.

(518) 371-8910 1 an attorney as well, Katherine, and her 2 husband Darrell Teal. 3 Their other two children, Wendy and 4 Sarah, I know are here in spirit and very, 5 very proud of their father as well. 6 So, Madam President, I'm very, very 7 pleased to second this nomination. The 8 Governor once again has made an outstanding 9 choice in Judge Dan Lamont. 10 THE PRESIDENT: Senator Breslin. 11 SENATOR BRESLIN: Thank you, 12 Madam President. 13 Although Judge Lamont lives in 14 Schoharie County, he generally presides in 15 Albany County, in my jurisdiction. And he's 16 been a great mentor to my younger brother Tom, 17 who is the county court judge in Albany. And 18 among lawyers that I talk to in Albany County, 19 Dan has the highest -- the highest -- record 20 of excellence among judges, including members 21 of my family as well. 22 So I also commend the Governor for 23 this choice 10 years ago. I look forward to 24 seeing Dan on the bench for many, many more 25 years to come.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you. 2 THE PRESIDENT: The question now 3 is on the nomination of Dan Lamont, of 4 Cobleskill, as a judge of the Court of Claims. 5 All in favor please signify by saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The nominee is 10 hereby confirmed. 11 He is here with his wife, 12 Elizabeth; his son, Seth; and his daughter and 13 son-in-law, Katherine and Darrell Teal. 14 And before I congratulate you, I 15 want to say how pleased I am and honored to be 16 here presiding when my friend and former 17 colleague Judge Lamont is confirmed for 18 another 10 years, at least. 19 In my years as district attorney, 20 he presided over some of my cases -- quite 21 fairly, I might add -- and I got to know him 22 quite well when I served on the bench in 23 Albany County with him. 24 It's a wonderful day. You deserve 25 this. And I'd like to emphasize that not only

Candyco Transcription Service, Inc.

(518) 371-8910 1 is he dedicated to his job, but to his family. 2 You have a wonderful family. I'm pleased to 3 see them here with you today. And I think 4 that has enabled you, your reflection on the 5 work that you do shows your dedication to 6 family and community. 7 Best wishes, Dan -- Judge. Good 8 luck and congratulations. 9 (Applause.) 10 THE PRESIDENT: The Secretary 11 will continue to read. 12 THE SECRETARY: As a judge of the 13 Court of Claims, Joseph J. Maltese, of Staten 14 Island. 15 THE PRESIDENT: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: This is the 18 second of the third of Senator Marchi's, or 19 43 percent of the nominees today are from 20 Senator Marchi's district. 21 (Laughter.) 22 SENATOR DeFRANCISCO: I don't 23 know that that has anything to do with 24 seniority. 25 But I rise to move the nomination

Candyco Transcription Service, Inc.

(518) 371-8910 1 of Joseph J. Maltese, of Staten Island. His 2 qualifications were thoroughly reviewed. He 3 appeared before the committee, and we 4 unanimously recommended confirmation before 5 the full Senate. 6 I'd request that you again 7 recognize Senator Marchi. 8 THE PRESIDENT: Senator Marchi, 9 once again. 10 SENATOR MARCHI: Thank you very 11 much, Madam President. 12 Joseph Malt-ehs-eh, I should say -- 13 and that's the way I pronounce it, being a 14 fairly strong Roman. 15 But in any event, he has a 16 brilliant background. He was military judge, 17 U.S. Army Trial Judiciary. He's been special 18 assistant for U.S. Attorney for the Middle 19 District, Tennessee and Western Kentucky. He 20 represented the United States government in 21 the prosecution of the United States Code. 22 And if I read everything that was 23 in here, it's just studded with opportunities 24 and very difficult assignments that were 25 processed by him. Counsel to the Supreme

Candyco Transcription Service, Inc.

(518) 371-8910 1 Court Appellate Division, Second Department. 2 Represented residents of psychiatrically and 3 developmentally disabled persons in court 4 proceedings. 5 And the list goes on and on. An 6 instructor of law in a number of places -- 7 New York Law School, Fordham University School 8 of Law, St. John's University School of Law. 9 New York State judicial seminars. 10 New York State Bar Association. Practicing 11 Law Institute. St. John's University. Wagner 12 College. And the list goes on and on of -- 13 including a jurist doctorate title that was 14 given to him -- New York University Graduate 15 School of Arts and Sciences, University of 16 Nevada in Reno. University of -- Touro 17 College, Master of Science of forensic 18 examination. 19 It's rife with -- brigadier general 20 of the New York Guard, colonel of the New York 21 Guard, lieutenant colonel. He served in all 22 of those capacities. Outstanding jurist. 23 Distinguished Citizenship Award from the 24 American Legion. Outstanding citizenship from 25 the Order of the Sons of Italy. Distinguished

Candyco Transcription Service, Inc.

(518) 371-8910 1 Alumnus Award. Phi Beta Kappa Honor Society. 2 And it just goes on and on, and 3 replete with recognition of his professional, 4 his social and his participation in the 5 betterment of the community. 6 So I don't know why we command so 7 much of the best talent in the State of 8 New York down in Staten Island, but they 9 themselves deserve a wealth of recognition. 10 And he moves on to greater 11 responsibilities, and we all of us feel very 12 confident that he will give a good account of 13 himself. 14 THE PRESIDENT: The question, 15 then, is on the nomination of Joseph J. 16 Maltese, of Staten Island, as a judge of the 17 Court of Claims. All in favor please signify 18 by saying aye. 19 (Response of "Aye.") 20 THE PRESIDENT: Opposed, nay. 21 (No response.) 22 THE PRESIDENT: The nominee is 23 hereby confirmed. 24 Congratulations and best wishes, 25 Judge.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Applause.) 2 THE PRESIDENT: The judge is 3 accompanied by his law clerk, Anthony Ruffini, 4 an important part of the team, as I well know. 5 Best wishes to all of you. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: As a judge of the 9 Court of Claims, Stephen J. Rooney, of Staten 10 Island. 11 THE PRESIDENT: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: I rise to 14 move the nomination of Stephen J. Rooney, of 15 Staten Island, for reappointment to the Court 16 of Claims. 17 His qualifications were determined 18 to be in accordance with those required by 19 that position, and far exceeding that. The 20 committee, at the Judiciary Committee meeting, 21 unanimously voted to refer his nomination to 22 the full Senate. 23 And again, I'd like to request that 24 you recognize Senator Marchi for the 25 seconding. And I'm looking forward to the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Italian pronunciation of "Rooney." 2 (Laughter.) 3 THE PRESIDENT: Senator Marchi. 4 SENATOR MARCHI: Well, thank you. 5 Gee, I hope there's something in 6 there for you too. I've been blessed by an 7 embarrassment of riches this afternoon. 8 And Stephen J. Rooney, well, I have 9 to be very careful with him. His wife is my 10 special law counsel for all purposes while I'm 11 up here. So if I've made mistakes, they're 12 mine, my creation. But she weaves her magic, 13 and in his case it's been done splendidly. 14 He's been assistant district 15 attorney of Richmond County, assistant 16 district attorney also of New York County, is 17 a first lieutenant of the Signal Corps. He 18 has a fantastic legislative, educational and 19 professional training: Albany Law School, 20 Georgetown University. Member of many bar 21 associations. Georgetown University Alumni 22 Admissions Committee. Judge of the Brooklyn 23 Law School Moot Court. St. Joseph Hill School 24 mock trial. St. Vincent Medical Center of 25 Richmond, special fundraising committee.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Indeed, his whole background is 2 studded with remarkable achievements that have 3 been chalked up to his credit. And he is -- I 4 know him very well, because he is the husband 5 of a valued collaborator in the work that we 6 do here in Albany. 7 And I'm very happy to endorse for 8 renomination to an office that he has served 9 so well, and I do this with the greatest pride 10 and the greatest pleasure. 11 Thank you, Madam President. 12 THE PRESIDENT: Thank you, 13 Senator. 14 On the question of the nomination 15 of Stephen J. Rooney, of Staten Island, as a 16 judge of the Court of Claims, all in favor 17 please signify by saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The nominee is 22 hereby confirmed. 23 And he's here with his wife, 24 Kathryn. 25 Congratulations, Judge. Best

Candyco Transcription Service, Inc.

(518) 371-8910 1 wishes. 2 (Applause.) 3 THE PRESIDENT: Senator 4 Fuschillo. 5 SENATOR FUSCHILLO: Madam 6 President, could we please have an immediate 7 meeting of the Rules Committee in the Majority 8 Conference Room. 9 THE PRESIDENT: There will be an 10 immediate meeting of the Rules Committee in 11 the Majority Conference Room. 12 Senator Fuschillo. 13 SENATOR FUSCHILLO: Thank you, 14 Madam President. Could we please return to 15 motions and resolutions, and please recognize 16 Senator Farley. 17 THE PRESIDENT: I'll be very 18 happy to. 19 Senator Farley, I'm pleased to 20 recognize you. 21 SENATOR FARLEY: I was going to 22 pawn these off, because I've got to go to 23 Rules, but I'll do them. 24 On behalf of Senator Skelos, Madam 25 President, I wish to call up his bill, Print

Candyco Transcription Service, Inc.

(518) 371-8910 1 Number 484A, which was recalled from the 2 Assembly and it's now at the desk. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: Calendar Number 6 149, by Senator Skelos, Senate Print 484A, an 7 act to amend the Education Law. 8 SENATOR FARLEY: I now move to 9 reconsider the vote by which this bill 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 FARLEY: Madam President, 15 I now offer the following amendments. 16 THE PRESIDENT: The amendments 17 are received. 18 SENATOR FARLEY: Madam President, 19 on behalf of our Acting Majority Leader, 20 Senator Fuschillo, I wish to call up his bill, 21 4040, which was recalled from the Assembly and 22 it's now at the desk. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 911, by Senator Fuschillo, Senate Print 4040, 2 an act to amend the Retirement and Social 3 Security Law. 4 SENATOR FARLEY: Madam President, 5 I now move to reconsider the vote by which 6 this bill passed. 7 THE PRESIDENT: The Secretary 8 will call the roll upon reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 SENATOR FARLEY: I now offer the 12 following amendments. 13 THE PRESIDENT: The amendments 14 are received. 15 SENATOR FARLEY: Madam President, 16 on behalf of Senator Marchi, I wish to call up 17 his bill, 2235, which was recalled from the 18 Assembly and it's now at the desk. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 1193, by Senator Marchi, Senate Print 2235, an 23 act to amend the Public Authorities Law. 24 SENATOR FARLEY: I now move to 25 reconsider the vote by which this bill passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will call the roll upon reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 SENATOR FARLEY: I now offer the 6 following amendments. 7 THE PRESIDENT: The amendments 8 are received. 9 SENATOR FARLEY: On behalf of 10 Senator Nozzolio, Madam President, I wish to 11 call up his bill, 1323A, recalled from the 12 Assembly, which is now at the desk. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 655, by Senator Nozzolio, Senate Print 1323A, 17 an act to amend the Correction Law. 18 SENATOR FARLEY: Madam President, 19 I now move to reconsider the vote by which 20 this bill passed. 21 THE PRESIDENT: The Secretary 22 will call the roll upon reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 SENATOR FARLEY: I now offer the

Candyco Transcription Service, Inc.

(518) 371-8910 1 following amendments. 2 THE PRESIDENT: The amendments 3 are received. 4 SENATOR FARLEY: On behalf of 5 Senator Skelos, Madam President, I wish to 6 call up his bill, 479, recalled from the 7 Assembly, which is now at the desk. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Calendar Number 11 94, by Senator Skelos, Senate Print 479, an 12 act to amend the Penal Law and others. 13 SENATOR FARLEY: Madam President, 14 I now move to reconsider the vote by which 15 this bill passed. 16 THE PRESIDENT: The Secretary 17 will call the roll upon reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. 20 SENATOR FARLEY: I now offer the 21 following amendments. 22 THE PRESIDENT: The amendments 23 are received. 24 SENATOR FARLEY: Madam President, 25 amendments are offered to the following Third

Candyco Transcription Service, Inc.

(518) 371-8910 1 Reading Calendar bills: 2 Senator Marcellino, page 5, 3 Calendar 62, Senate Print 891A; 4 Senator Nozzolio, page 6, Calendar 5 127, Senate Print 1973A; 6 Senator Nozzolio, on page 15, 7 Calendar 478, Senate Print 1567A; 8 Senator Maltese, on page 18, 9 Calendar Number 589, Senate Print 4173; 10 Senator DeFrancisco, on page 29, 11 Calendar Number 867, Senate Print 4854; 12 Senator Balboni, on page 32, 13 Calendar 927, Senate Print 4286; 14 Senator Golden, on page 38, 15 Calendar 1054, Senate Print 2210A; 16 Senator Skelos, on page 40, 17 Calendar Number 1098, Senate Print 1999A; 18 Senator Seward, on page 42, 19 Calendar Number 1148, Senate Print 4096; 20 Senator Golden, on page 43, 21 Calendar Number 1178, Senate Print 4089A; 22 Senator Morahan, on page 49, 23 Calendar Number 1304, Senate Print 4877A; 24 And on behalf of Senator Skelos, on 25 page 51, Calendar Number 1395, Senate Print

Candyco Transcription Service, Inc.

(518) 371-8910 1 4708A. 2 Madam President, I move that these 3 bills retain their place on the Third Reading 4 Calendar. 5 THE PRESIDENT: The amendments 6 are received, and the bills will retain their 7 place on the Third Reading Calendar. 8 Senator Seward. 9 SENATOR SEWARD: Yes, Madam 10 President. On behalf of Senator Flanagan, on 11 page number 41 I offer the following 12 amendments to Calendar Number 1131, Senate 13 Print Number 5109A, and ask that the bill 14 retain its place on the Third Reading 15 Calendar. 16 THE PRESIDENT: The amendments 17 are received, and the bill will retain its 18 place on the Third Reading Calendar. 19 SENATOR SEWARD: Also, Madam 20 President, on page 50, on behalf of Senator 21 LaValle, I offer the following amendments to 22 Calendar Number 1314, Senate Print Number 23 2862A, and ask that that bill retain its place 24 on the Third Reading Calendar. 25 THE PRESIDENT: The amendments

Candyco Transcription Service, Inc.

(518) 371-8910 1 are received, and that bill will also retain 2 its place on the Third Reading Calendar. 3 SENATOR SEWARD: Thank you. 4 THE PRESIDENT: Senator Diaz. 5 SENATOR DIAZ: Thank you, Madam 6 President. I wish to call up my bill, Print 7 Number 2234, recalled from the Assembly, which 8 is now at the desk. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 1407, by Senator Diaz, Senate Print 2234, an 13 act to amend the Agriculture and Markets Law 14 and others. 15 SENATOR DIAZ: Madam President, I 16 now move to reconsider the vote by which this 17 bill was passed. 18 THE PRESIDENT: The Secretary 19 will call the roll upon reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 SENATOR DIAZ: Madam President, I 23 now offer the following amendments. 24 THE PRESIDENT: The amendments 25 are received.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Meier. 2 SENATOR MEIER: Thank you, Madam 3 President. 4 On behalf of Senator Volker, on 5 page 22, I offer the following amendments to 6 Calendar Number 717, Senate Print 1628A, and 7 ask that said bill retain its place on the 8 Third Reading Calendar. 9 THE PRESIDENT: The amendments 10 are received, and the bill will retain its 11 place on the Third Reading Calendar. 12 SENATOR MEIER: Madam President, 13 on behalf of Senator DeFrancisco, on page 14 number 42, I offer the following amendments to 15 Calendar Number 1172, Senate Print 4845A, and 16 ask that said bill retain its place on the 17 Third Reading Calendar. 18 THE PRESIDENT: The amendments 19 are received, and the bill will retain its 20 place on the Third Reading Calendar. 21 SENATOR MEIER: Madam President, 22 on behalf of Senator Young, on page number 52, 23 I offer the following amendments to Calendar 24 Number 1487, Senate Print 568A, and ask that 25 said bill retain its place on the Third

Candyco Transcription Service, Inc.

(518) 371-8910 1 Reading Calendar. 2 THE PRESIDENT: The amendments 3 are received, and the bill will retain its 4 place on the Third Reading Calendar. 5 SENATOR MEIER: Madam President, 6 on behalf of Senator Marcellino, on page 22, I 7 offer the following amendments to Calendar 8 Number 706, Senate Print 4471A, and ask that 9 said bill retain its place on the Third 10 Reading Calendar. 11 THE PRESIDENT: The amendments 12 are received, and that bill will retain its 13 place on the Third Reading Calendar. 14 SENATOR MEIER: Thank you, Madam 15 President. 16 THE PRESIDENT: You're welcome. 17 Senator Fuschillo. 18 SENATOR FUSCHILLO: Thank you, 19 Madam President. Are there any substitutions 20 at the desk? 21 THE PRESIDENT: Yes, there are. 22 SENATOR FUSCHILLO: If you would 23 please make them. 24 THE PRESIDENT: The Secretary 25 will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: On page 4, 2 Senator Maltese moves to discharge, from the 3 Committee on Rules, Assembly Bill Number 1491 4 and substitute it for the identical Senate 5 Bill Number 272, Third Reading Calendar 19. 6 On page 16, Senator Fuschillo moves 7 to discharge, from the Committee on Rules, 8 Assembly Bill Number 5733B and substitute it 9 for the identical Senate Bill Number 2602B, 10 Third Reading Calendar 543. 11 On page 27, Senator Bonacic moves 12 to discharge, from the Committee on Rules, 13 Assembly Bill Number 8286 and substitute it 14 for the identical Senate Bill Number 4327, 15 Third Reading Calendar 814. 16 On page 33, Senator Farley moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 7056A and substitute it 19 for the identical Senate Bill Number 4029A, 20 Third Reading Calendar 943. 21 On page 42, Senator Balboni moves 22 to discharge, from the Committee on Rules, 23 Assembly Bill Number 1377C and substitute it 24 for the identical Senate Bill Number 936B, 25 Third Reading Calendar 1146.

Candyco Transcription Service, Inc.

(518) 371-8910 1 On page 46, Senator Balboni moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 4457 and substitute it 4 for the identical Senate Bill Number 3576, 5 Third Reading Calendar 1241. 6 On page 48, Senator LaValle moves 7 to discharge, from the Committee on Rules, 8 Assembly Bill Number 6069A and substitute it 9 for the identical Senate Bill Number 3322A, 10 Third Reading Calendar 1281. 11 On page 50, Senator Maltese moves 12 to discharge, from the Committee on Rules, 13 Assembly Bill Number 7518 and substitute it 14 for the identical Senate Bill Number 4738, 15 Third Reading Calendar 1316. 16 On page 53, Senator Bonacic moves 17 to discharge, from the Committee on Rules, 18 Assembly Bill Number 6977A and substitute it 19 for the identical Senate Bill Number 618A, 20 Third Reading Calendar 1530. 21 On page 54, Senator Flanagan moves 22 to discharge, from the Committee on Rules, 23 Assembly Bill Number 7061A and substitute it 24 for the identical Senate Bill Number 5627, 25 Third Reading Calendar 1560.

Candyco Transcription Service, Inc.

(518) 371-8910 1 On page 54, Senator Johnson moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 8770 and substitute it 4 for the identical Senate Bill Number 5647, 5 Third Reading Calendar 1564. 6 And on page 25, Senator Spano moves 7 to discharge, from the Committee on Rules, 8 Assembly Bill Number 6800A and substitute it 9 for the identical Senate Bill Number 4027, 10 Third Reading Calendar 780. 11 THE PRESIDENT: Substitutions 12 ordered. 13 Senator Fuschillo. 14 SENATOR FUSCHILLO: Madam 15 President, can the Senate stand at ease 16 pending the return of the report of the Rules 17 Committee. 18 THE PRESIDENT: The Senate stands 19 at ease. 20 SENATOR FUSCHILLO: Thank you, 21 Madam President. 22 (Whereupon, the Senate stood at 23 ease at 4:20 p.m.) 24 (Whereupon, the Senate reconvened 25 at 4:27 p.m.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Fuschillo. 3 SENATOR FUSCHILLO: Mr. 4 President, can we have some order in the 5 chambers. 6 Mr. President, if we can return to 7 the order of reports of standing committees, I 8 believe there's a pending report of the Rules 9 Committee at the desk. 10 ACTING PRESIDENT MEIER: Reports 11 of standing committees. 12 The Secretary will read the report 13 of the Rules Committee. 14 THE SECRETARY: Senator Bruno, 15 from the Committee on Rules, reports the 16 following bills: 17 Senate Print 945A, by Senator 18 Brown, an act to authorize the City of Niagara 19 Falls; 20 2495, by Senator Padavan, an act to 21 amend the Agriculture and Markets Law; 22 3025A, by Senator Morahan, an act 23 to amend the Vehicle and Traffic Law; 24 3598, by Senator Maziarz, an act to 25 amend Chapter 511 of the Laws of 1995;

Candyco Transcription Service, Inc.

(518) 371-8910 1 3815, by Senator Golden, an act to 2 amend the Administrative Code of the City of 3 New York; 4 4696, by Senator Golden, an act to 5 amend the Administrative Code of the City of 6 New York; 7 4737B, by Senator Maltese, an act 8 to amend the Public Officers Law; 9 5005B, by Senator Wright, an act to 10 amend the Penal Law; 11 5031, by Senator Golden, an act to 12 amend the Executive Law; 13 5090, by Senator Leibell, an act to 14 amend the Public Health Law; 15 5287, by the Senate Committee on 16 Rules, an act to amend the Tax Law; 17 5314, by Senator Larkin, an act to 18 amend the Retirement and Social Security Law; 19 5426, by the Senate Committee on 20 Rules, an act to amend the General Municipal 21 Law; 22 5460, by the Senate Committee on 23 Rules, an act to amend Chapter 401 of the Laws 24 of 2002; 25 5465A, by Senator Golden, an act to

Candyco Transcription Service, Inc.

(518) 371-8910 1 amend the Real Property Tax Law; 2 5643, by Senator Meier, an act to 3 amend the Retirement and Social Security Law; 4 5644, by Senator Saland, an act to 5 amend Chapter 524 of the Laws of 1987; 6 5655A, by Senator Spano, an act to 7 amend the Tax Law; 8 5664, by Senator Little, an act to 9 amend Chapter 444 of the Laws of 1997; 10 5678, by Senator Alesi, an act to 11 amend the Tax Law; 12 5683, by Senator DeFrancisco, an 13 act to dedicate; 14 5688, by Senator Libous, an act to 15 amend the Education Law; 16 5696, by Senator Saland, an act to 17 authorize; 18 5705, by the Senate Committee on 19 Rules, an act to amend the Tax Law; 20 5729, by Senator Bruno, an act to 21 establish; 22 5745A, by Senator Volker, an act 23 authorizing the County of Erie; 24 And Senate Print 5805, by Senator 25 Meier, an act to amend the Family Court Act

Candyco Transcription Service, Inc.

(518) 371-8910 1 and others. 2 All bills ordered direct to third 3 reading. 4 ACTING PRESIDENT MEIER: Senator 5 Fuschillo. 6 SENATOR FUSCHILLO: Move to 7 accept the report of the Rules Committee. 8 ACTING PRESIDENT MEIER: All 9 those in favor of accepting the report of the 10 Rules Committee signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT MEIER: Those 13 opposed, nay. 14 (No response.) 15 ACTING PRESIDENT MEIER: The 16 report of the Rules Committee is accepted. 17 Senator Fuschillo. 18 SENATOR FUSCHILLO: Mr. 19 President, could we have the reading of the 20 noncontroversial calendar. 21 ACTING PRESIDENT MEIER: The 22 Secretary will conduct the noncontroversial 23 reading of the calendar. 24 SENATOR FUSCHILLO: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 32, by Senator LaValle, Senate Print 165A, an 3 act to amend the Vehicle and Traffic Law and 4 the State Finance Law. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 49, by Member of the Assembly Pheffer, 17 Assembly Print Number 3494A, an act to amend 18 the General Business Law. 19 ACTING PRESIDENT MEIER: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 60th day. 23 ACTING PRESIDENT MEIER: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 58. Nays, 2 1. Senator Meier recorded in the negative. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 58, by Senator LaValle, Senate Print 559B, an 7 act in relation to free association libraries 8 and permits. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. Nays, 17 1. Senator Fuschillo recorded in the 18 negative. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 190, by Senator Saland, Senate Print 317A, an 23 act to amend the Education Law. 24 ACTING PRESIDENT MEIER: Read the 25 last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 250, by Senator Saland -- 11 SENATOR SCHNEIDERMAN: Lay it 12 aside. 13 ACTING PRESIDENT MEIER: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 379, by Member of the Assembly Crouch, 17 Assembly Print Number 4454B, an act to amend 18 the Village Law and the Public Officers Law. 19 ACTING PRESIDENT MEIER: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 529, by Senator Winner, Senate Print 3154A, an 6 act to amend the General Municipal Law. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of July. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 672, by Senator Skelos, Senate Print 3898B, an 19 act authorizing the assessor of the County of 20 Nassau. 21 ACTING PRESIDENT MEIER: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 746, by Senator Balboni, Senate Print 4496A, 8 an act to amend the Executive Law and the 9 Agriculture and Markets Law. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 786, by Senator Farley, Senate Print 4390A, an 22 act to amend the Tax Law. 23 ACTING PRESIDENT MEIER: There is 24 a local fiscal impact note at the desk. 25 Read the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. Nays, 7 1. Senator Valesky recorded in the negative. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 807, by Senator Meier, Senate Print 2741A, an 12 act to amend the Public Authorities Law. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 846, by Senator Meier, Senate Print 4060A, an 25 act to amend the Family Court Act and the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Social Services Law. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 9. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT MEIER: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 870, by Senator DeFrancisco, Senate Print 14 5223A, an act to amend the Family Court Act. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 887, by Senator Padavan, Senate Print 3914B, 2 an act to amend the Penal Law and others. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 7. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 888, by Senator DeFrancisco, Senate Print 16 4019, an act to amend the Civil Practice Law 17 and Rules. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of January. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 904, by Senator DeFrancisco, Senate Print 5 4842A, an act to amend the Civil Practice Law 6 and Rules. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 943, substituted earlier today by Member of 19 the Assembly Tonko, Assembly Print Number 20 7056A, an act to authorize the County of 21 Schenectady. 22 ACTING PRESIDENT MEIER: There is 23 a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 944, by Senator Fuschillo, Senate Print 4087A, 10 an act authorizing the Bethel Christian 11 Church. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 949, Senator Skelos moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 7451A and substitute it

Candyco Transcription Service, Inc.

(518) 371-8910 1 for the identical Senate Bill Number 4517A, 2 Third Reading Calendar 949. 3 ACTING PRESIDENT MEIER: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 949, by Member of the Assembly Weisenberg, 8 Assembly Print Number 7451A, an act to 9 authorize Young Israel of Hewlett. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 950, Senator Skelos moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 7450A and substitute it 24 for the identical Senate Bill Number 4556A, 25 Third Reading Calendar 950.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: 2 Substitution ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 950, by Member of the Assembly Weisenberg, 6 Assembly Print Number 7450A, an act to amend 7 Chapter 564 of the Laws of 2004. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 960, Senator LaValle moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 7467B and substitute it 22 for the identical Senate Bill Number 5162B, 23 Third Reading Calendar 960. 24 ACTING PRESIDENT MEIER: 25 Substitution ordered.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 960, by Member of the Assembly Thiele, 4 Assembly Print Number 7467B, an act to 5 authorize the Independent Group Home Living 6 Program, Inc. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect -- 11 SENATOR FUSCHILLO: Lay it aside 12 temporarily. 13 ACTING PRESIDENT MEIER: Lay the 14 bill aside temporarily. 15 The Secretary will read Calendar 16 960. 17 THE SECRETARY: Calendar Number 18 960, substituted earlier by Member of the 19 Assembly Thiele, Assembly Print Number 7467B, 20 an act to authorize. 21 ACTING PRESIDENT MEIER: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 961, by Senator LaValle, Senate Print 5163, an 8 act to authorize. 9 SENATOR FUSCHILLO: Lay it aside 10 temporarily. 11 ACTING PRESIDENT MEIER: Lay the 12 bill aside temporarily. 13 THE SECRETARY: Calendar Number 14 1016, by Senator Balboni, Senate Print 4985A, 15 an act to amend the General Business Law. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 60th day. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1022, by Senator Skelos, Senate Print 4097A, 3 an act to amend the Real Property Law. 4 ACTING PRESIDENT MEIER: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1030, by Senator Spano, Senate Print 3743D, an 16 act to amend the Penal Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1068, by Senator Fuschillo, Senate Print 4686, 5 an act to amend the Vehicle and Traffic Law. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the same date and in 10 the same manner as a chapter of the Laws of 11 2005. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1093, by Senator Meier, Senate Print 5069, an 20 act to amend the Social Services Law. 21 ACTING PRESIDENT MEIER: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 120th day. 25 ACTING PRESIDENT MEIER: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1102, by Senator Winner, Senate Print 3415A, 8 an act to authorize the County of Schuyler. 9 ACTING PRESIDENT MEIER: There is 10 a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1111, by Senator Skelos, Senate Print 4644A, 22 an act authorizing the assessor of the County 23 of Nassau. 24 ACTING PRESIDENT MEIER: Read the 25 last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1127, by Senator Leibell, Senate Print 5224A, 11 an act to amend the Public Authorities Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1135, by Senator LaValle, Senate Print 2864B, 24 an act to amend the Education Law. 25 ACTING PRESIDENT MEIER: Read the

Candyco Transcription Service, Inc.

(518) 371-8910 1 last section. 2 THE SECRETARY: Section 12. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1231, by Senator Golden, Senate Print 5153A, 12 an act to amend the Retirement and Social 13 Security Law and others. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 20. This 17 act shall take effect at the beginning of the 18 first payroll period following 60 days. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1291, by Member of the Assembly Magee, 2 Assembly Print Number 7931, an act to 3 authorize the Village of Vernon. 4 ACTING PRESIDENT MEIER: There is 5 a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1331, by Senator Balboni, Senate Print 186B -- 17 SENATOR FUSCHILLO: Lay it aside 18 temporarily. 19 ACTING PRESIDENT MEIER: Lay the 20 bill aside temporarily. 21 THE SECRETARY: Calendar Number 22 1348, by Senator Skelos, Senate Print 3713A, 23 an act to amend the Criminal Procedure Law. 24 ACTING PRESIDENT MEIER: Read the 25 last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1348 are 8 Senators Dilan, Duane, L. Krueger and 9 Montgomery. 10 Ayes, 55. Nays, 4. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 SENATOR FUSCHILLO: Mr. 14 President. 15 ACTING PRESIDENT MEIER: Senator 16 Fuschillo. 17 SENATOR FUSCHILLO: Can we please 18 return to Calendar Number 1111 and move to 19 reconsider the vote by which the bill was 20 passed. 21 ACTING PRESIDENT MEIER: The 22 Secretary will read Calendar 1111. 23 THE SECRETARY: Calendar Number 24 1111, by Senator Skelos, Senate Print 4644A, 25 an act authorizing.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll on reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT MEIER: Senator 6 Fuschillo. 7 SENATOR FUSCHILLO: Lay it aside 8 temporarily. 9 ACTING PRESIDENT MEIER: Lay the 10 bill aside temporarily. 11 THE SECRETARY: Calendar Number 12 1350, by Senator Little, Senate Print 4069B, 13 an act to amend the Public Officers Law. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1397, by Senator DeFrancisco, Senate Print

Candyco Transcription Service, Inc.

(518) 371-8910 1 4855B, an act to amend the Civil Practice Law 2 and Rules. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1425, by Senator Maziarz, Senate Print 5468B, 15 an act to amend the Vehicle and Traffic Law. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 180th day. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1482, by Senator Winner, Senate Print 5552, an 3 act to amend the Tax Law. 4 ACTING PRESIDENT MEIER: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1490, by Senator Farley -- 16 SENATOR FARLEY: Lay it aside for 17 the day, please. 18 ACTING PRESIDENT MEIER: Lay the 19 bill aside for the day. 20 THE SECRETARY: Calendar Number 21 1517, by Senator Meier, Senate Print 5381A, an 22 act to amend the Tax Law. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1519, by Member of the Assembly Glick, 10 Assembly Print Number 8492A, an act to amend 11 the Social Services Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1528, by Senator Hassell-Thompson, Senate 24 Print 5610, an act to amend Chapter 183 of the 25 Laws of 2002.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1530, substituted earlier today by Member of 13 the Assembly Gunther, Assembly Print Number 14 6977A, an act to amend the Executive Law. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 120th day. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1536, by Senator Farley, Senate Print 4677A, 2 an act to amend the Banking Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on 90th day. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1557, by Senator Larkin, Senate Print 5615 -- 15 SENATOR SCHNEIDERMAN: Lay it 16 aside. 17 ACTING PRESIDENT MEIER: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 1558, by Senator Larkin, Senate Print 5616, an 21 act to amend the Domestic Relations Law. 22 ACTING PRESIDENT MEIER: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1559, by Senator Volker, Senate Print 5622, an 9 act to amend the Penal Law. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 30th day. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1560, substituted earlier today by Member of 22 the Assembly Christensen, Assembly Print 23 Number 7061A, an act to amend the State 24 Administrative Procedure Act. 25 ACTING PRESIDENT MEIER: Read the

Candyco Transcription Service, Inc.

(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1564, substituted earlier today by the 12 Assembly Committee on Rules, Assembly Print 13 Number 8770, an act to amend the Environmental 14 Conservation Law. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1566, by -- 2 SENATOR FUSCHILLO: Lay it aside 3 for the day. 4 ACTING PRESIDENT MEIER: Lay the 5 bill aside for the day. 6 THE SECRETARY: Calendar Number 7 1568, by Senator Bruno, Senate Print 5669A, an 8 act to amend the Real Property Tax Law. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of January. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1569, by the Senate Committee on Rules, Senate 21 Print Number 5672, an act to amend the 22 Administrative Code of the City of New York. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 5. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect July 1, 2005. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1572, by Senator Robach, Senate Print 1613, an 10 act to amend the Penal Law. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1575, by Senator Padavan, Senate Print 24 -- 24 SENATOR SCHNEIDERMAN: Lay it 25 aside.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 1576, by Senator Fuschillo, Senate Print 2471, 5 an act to amend the Penal Law. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the first of 10 November. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1578, by Senator Winner, Senate Print 2617A, 19 an act to amend the Real Property Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of January. 24 ACTING PRESIDENT MEIER: Call the 25 roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1587, by Senator Alesi, Senate Print -- 7 SENATOR SCHNEIDERMAN: Lay it 8 aside. 9 ACTING PRESIDENT MEIER: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1594, by Senator Padavan, Senate Print 5457A, 13 an act to authorize the Commissioner of 14 General Services. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1601, by Senator Rath, Senate Print 5607, an 2 act to amend the Real Property Tax Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1602, by Senator Padavan, Senate Print 5620, 15 an act to amend the Real Property Tax Law. 16 SENATOR SCHNEIDERMAN: Lay it 17 aside. 18 ACTING PRESIDENT MEIER: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 1603, by Senator Flanagan, Senate Print 5624, 22 an act to amend the Mental Hygiene Law. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 8. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect on the 180th day. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. Nays, 6 1. Senator Duane recorded in the negative. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 The Secretary will read Calendar 10 961. 11 THE SECRETARY: In relation to 12 Calendar Number 961, Senator LaValle moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 7468 and substitute it 15 for the identical Senate Bill Number 5163, 16 Third Reading Calendar 961. 17 ACTING PRESIDENT MEIER: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 961, by Member of the Assembly Thiele, 22 Assembly Print Number 7468, an act to 23 authorize the Independent Group Home Living 24 Program, Inc. 25 ACTING PRESIDENT MEIER: Read the

Candyco Transcription Service, Inc.

(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 Senator Fuschillo, that completes 11 the noncontroversial reading of the calendar. 12 SENATOR FUSCHILLO: Mr. 13 President, will you please call up Senator 14 Balboni's bill, Calendar Number 1331. 15 ACTING PRESIDENT MEIER: The 16 Secretary will read Calendar 1331. 17 THE SECRETARY: Calendar Number 18 1331, by Senator Balboni, Senate Print 186B, 19 an act to amend the General Business Law. 20 SENATOR BALBONI: Mr. President. 21 ACTING PRESIDENT MEIER: Senator 22 Balboni, why do you rise? 23 SENATOR BALBONI: Mr. President, 24 the bill is currently being negotiated with 25 the Attorney General's office and the State

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly. Therefore, I would request that the 2 bill be laid aside for the day. 3 ACTING PRESIDENT MEIER: Lay the 4 bill aside for the day. 5 SENATOR BALBONI: Thank you. 6 SENATOR FUSCHILLO: Mr. 7 President, will you please recognize Senator 8 DeFrancisco. 9 ACTING PRESIDENT MEIER: Senator 10 DeFrancisco. 11 SENATOR DeFRANCISCO: Yes, I'd 12 just like to note for the record that there 13 were four bills, I was out of chambers when 14 they were voted on on Thursday, June 16th: 15 Calendar 826, which is Senate Print 3158B; 16 Senate 1239, Senate Print 1750; Calendar 1540, 17 Senate Print 5270; and Calendar 1555, Senate 18 Print 5605. 19 Had I been present, I would have 20 voted in favor of all those bills. 21 ACTING PRESIDENT MEIER: The 22 record will so note. 23 Senator Fuschillo. 24 SENATOR FUSCHILLO: Mr. 25 President, will you please call up Calendar

Candyco Transcription Service, Inc.

(518) 371-8910 1 Number 1111. 2 ACTING PRESIDENT MEIER: The 3 Secretary will read Calendar 1111. 4 THE SECRETARY: In relation to 5 Calendar Number 1111, Senator Skelos moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 7549A and substitute it 8 for the identical Senate Bill Number 4644A, 9 Third Reading Calendar 1111. 10 ACTING PRESIDENT MEIER: 11 Substitution ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1111, by Member of the Assembly Weisenberg, 15 Assembly Print Number 7549A, an act 16 authorizing the assessor of the County of 17 Nassau. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Mr. 5 President, may we please have the reading of 6 the controversial calendar, starting with 7 Calendar Number 250. 8 ACTING PRESIDENT MEIER: The 9 Secretary will conduct the controversial 10 reading of the calendar, starting with 11 Calendar 250. 12 The Secretary will ring the bell. 13 Senator Fuschillo. 14 SENATOR FUSCHILLO: Mr. 15 President, will you please take up Senator 16 Saland's bill. 17 ACTING PRESIDENT MEIER: The 18 Secretary will read Calendar 250. 19 THE SECRETARY: Calendar Number 20 250, by Senator Saland, Senate Print 477, an 21 act to amend the Social Services Law. 22 SENATOR SCHNEIDERMAN: 23 Explanation. 24 ACTING PRESIDENT MEIER: Senator 25 Saland, Senator Schneiderman has requested an

Candyco Transcription Service, Inc.

(518) 371-8910 1 explanation with regard to Calendar 250. 2 SENATOR SALAND: Thank you, Mr. 3 President. 4 Mr. President, this is a bill that 5 we initially saw in this chamber some three 6 years ago. At that time this bill then, as it 7 does now, was intended to deal with several 8 issues. One of those issues was the reporting 9 of incidents of clergy abuse and certainly 10 concern about the institutional lack of 11 willingness seemingly existing at that time to 12 deal with those issues. 13 But more importantly than that, 14 this bill was intended to expand protection 15 for children from abuse from really virtually 16 any and all sources. 17 And in the closing days of that 18 session we, by way of a three-way agreement, 19 came to closure, only to find an hour later 20 that, due to objections by certain advocacy 21 groups, including Planned Parenthood and the 22 Civil Liberties Union, that something called 23 the high-school sweethearts situation, in 24 which a teenage young woman or girl might find 25 that due to the reporting requirements in that

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill -- which basically required that there be 2 no confidentiality where in fact there was an 3 act of child abuse that had occurred, where 4 there was reason to believe that that act was 5 in fact a crime -- there was a duty to report 6 imposed upon all mandated reporters, including 7 clergy, found under I believe it's Section 8 413. 9 And at that point, as was reported, 10 the desire to avoid this chilling effect on 11 young people's willingness to report to -- 12 that's a poor choice of word here -- to be 13 seen by or visit with a counselor, we 14 attempted to create a construct that avoided 15 that problem. And I was quoted in several 16 newspapers at that time saying if that's the 17 problem, it's readily resolvable. 18 And there were folks representing 19 at least one gentleman, whose name escapes me 20 right now, who was the vice president of 21 Planned Parenthood, who was quoted as saying 22 there was no hidden agenda, basically it's a 23 high-school sweetheart problem. 24 Well, the first iteration of this 25 bill as amended created something called a

Candyco Transcription Service, Inc.

(518) 371-8910 1 person in position of authority. That was 2 unacceptable to the Assembly. That person in 3 a position of authority would have included 4 members of the clergy, would have included a 5 host of other people who, by reason of their 6 position, their vocation, their perceived 7 authority, would reasonably expect to have 8 some degree of disciplinary authority and a 9 position of trust involving a child. 10 And we required that were such a 11 person in fact engaged in some criminal act of 12 abuse, that their -- notwithstanding 13 confidentiality, that that would have to be 14 reported. That was deemed objectionable. 15 And then in the past year, in an 16 effort to try and deal with some of the 17 objections that the Assembly and others had 18 raised, we made this age-sensitive. 19 So what we have said in this bill 20 is that the duty to report by a mandated 21 reporter occurs where -- and this is all on 22 page 3 of the bill -- a mandated reporter is 23 required to report or cause to be reported to 24 an appropriate law agency where they have 25 reasonable cause to believe, in their

Candyco Transcription Service, Inc.

(518) 371-8910 1 professional or official capacity, that a 2 child who's 13 years or younger has been the 3 victim of a crime, a sexual abuse or child 4 abuse crime caused by someone who's 19 years 5 or older, or that the person who has abused in 6 some criminal fashion as defined in this bill, 7 that young person is 21 years or older and the 8 child is 16 years or younger. 9 There is no conceivable way -- or 10 let me say there is little if any conceivable 11 way that the high-school sweetheart situation, 12 which was the alleged source of the difficulty 13 in closing this deal some three years ago, 14 exists under this construct. 15 This bill basically elevates, as it 16 should, the primacy of the concern for the 17 well-being of children. I have said time and 18 again on this floor one of the major 19 responsibilities of society, of government, is 20 to provide for public safety among the most 21 vulnerable, those who can least protect 22 themselves, our children. 23 This bill says, first and foremost, 24 it's society's obligation to protect children, 25 children who are being abused by people

Candyco Transcription Service, Inc.

(518) 371-8910 1 considerably older than they are; children, 2 for instance, under the first construct who 3 would be a grade-school student, someone who's 4 a kindergartener, first-grader, second-grader, 5 third-grader, fourth-grader, fifth-grader, 6 sixth-grader, perhaps a seventh- or 7 eighth-grader. 8 We then go on to say that where 9 somebody -- for instance, a scout leader, who 10 may be, would be an adult, an older person; a 11 coach, again, a young adult, an older 12 person -- abuses a child in some criminal way, 13 that that too would require reporting by the 14 otherwise mandated reporter. 15 The simple fact of the matter is, 16 is that there's no privilege in Family Court 17 matters when a child has been abused -- and 18 we're talking a child generally of tender 19 years -- there's no reason why there should be 20 some cloak of secrecy that protects the 21 perpetrator, who may well be a serial 22 offender, may well be somebody who preys on 23 children. 24 And if in fact he or she is merely 25 a first-time offender and that child -- and I

Candyco Transcription Service, Inc.

(518) 371-8910 1 say "merely" facetiously, with my tongue 2 firmly planted in my cheek -- and that child 3 is 6, 7, 8, 9, or 10 years old, what social 4 purpose is served by protecting the 5 perpetrator by saying that the reporter should 6 not have the privilege waived? 7 That's basically what the essence 8 of this bill is about. It's about the 9 battleground over at what point does privilege 10 exceed the importance of protecting children. 11 Is it more important to protect the 12 territories of those who profess to be 13 interested in the well-being of children, or 14 is it more important to protect those children 15 and not preserve some seemingly sacred and, I 16 would offer, perhaps sanctimonious pretense of 17 being concerned about the well-being of 18 children? The simple matter of fact is, this 19 is about the well-being of children. 20 Thank you, Mr. President. 21 ACTING PRESIDENT MEIER: Senator 22 Savino. 23 SENATOR SAVINO: Yes, would the 24 sponsor yield for a couple of questions. 25 ACTING PRESIDENT MEIER: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Saland, do you yield for a question? 2 SENATOR SALAND: Certainly, Mr. 3 President. 4 ACTING PRESIDENT MEIER: The 5 sponsor yields. 6 SENATOR SAVINO: Thank you. 7 Having been a mandated reporter 8 myself in the past, I'm fairly familiar with 9 what mandated reporters do, who they're 10 required to report to, and what categories 11 they're required to report on. So the 12 expansion of this to members of the clergy I 13 think is long overdue. 14 I received several calls from 15 advocates, not -- beyond family planning and 16 beyond the usual suspects. Particularly, NASW 17 was most concerned about this. And when I 18 read the bill originally -- I know this is a 19 long question -- I couldn't understand what 20 their opposition was. Quite honestly, it 21 appeared to me we were expanding this to 22 include members of the clergy. And as I said, 23 it's long overdue. 24 But they pointed out a couple of 25 things in the bill that they felt could

Candyco Transcription Service, Inc.

(518) 371-8910 1 actually get in the way of delivering services 2 to teenagers, children who are seeking counsel 3 and/or assistance. So I'm going to pose a 4 couple of hypotheticals, and perhaps you can 5 clear this up. 6 If you're a caseworker and you have 7 assigned to your caseload a teenager, a young 8 girl who is under the age of 16, and she 9 reports to you that she is having a sexual 10 relationship, an inappropriate sexual 11 relationship with someone over the age of 19, 12 would this new bill, would it require that 13 caseworker to report to law enforcement that 14 relationship? 15 SENATOR SALAND: No. Unless that 16 person over the age of 19 was a coach, her 17 boss, who might be taking advantage of her as 18 an employee, there would not be an obligation 19 to report. 20 Let me also suggest to you, I would 21 venture I've probably handled more of these 22 cases than anybody in this chamber. I've 23 handled any number of these cases, and I'm 24 well familiar -- and I thought my first one 25 would be my last one, because it was just so

Candyco Transcription Service, Inc.

(518) 371-8910 1 far and horrific. 2 SENATOR SAVINO: Another 3 hypothetical. If I'm a social worker in 4 private practice and I am treating a young 5 person and he or she confides to me of a 6 relationship, in the context of that 7 therapeutic session, a relationship that under 8 the law could be considered illegal, would I 9 then be required to violate confidentiality 10 between myself and my client and report it to 11 law enforcement? 12 SENATOR SALAND: It would depend 13 upon whether you had reason to believe 14 whatever the relationship was amounted to a 15 crime, in your professional opinion, believed 16 that it was a crime, and whether the victim or 17 your patient -- your client, excuse me, was 18 either 13 or younger and the person whom she 19 spoke about was 19 or older or whether she was 20 16 or younger and the person was 21 years or 21 older or whether she was handicapped. 22 SENATOR SAVINO: And the same 23 thing would -- 24 ACTING PRESIDENT MEIER: Senator 25 Savino, are you requesting Senator Saland to

Candyco Transcription Service, Inc.

(518) 371-8910 1 continue to yield? 2 SENATOR SAVINO: I'm sorry, yes. 3 Through you, Mr. President. 4 ACTING PRESIDENT MEIER: Senator 5 Saland, do you continue to yield? 6 SENATOR SALAND: Yes, Mr. 7 President. 8 ACTING PRESIDENT MEIER: The 9 Senator yields. 10 SENATOR SAVINO: Would this also 11 apply to healthcare providers? If I was a 12 nurse and/or a doctor or a healthcare 13 practitioner -- 14 SENATOR SALAND: It would apply 15 to all of the mandated reporters that are laid 16 out in Section 413. 17 SENATOR SAVINO: On the bill, Mr. 18 President. 19 ACTING PRESIDENT MEIER: Senator 20 Savino, on the bill. 21 SENATOR SAVINO: Thank you. 22 I'm going to support this bill. I 23 think it's the right direction that we move to 24 expand this category of mandated reporters to 25 members of the clergy.

Candyco Transcription Service, Inc.

(518) 371-8910 1 But I would like to say, for the 2 record, that I reflect some of the concerns 3 that the members of the NASW, teachers, family 4 planning advocates and healthcare providers 5 have when they feel that there's going to be 6 an added burden on them to violate the 7 confidentiality that they have to develop with 8 young people, particularly young people, so 9 that they can come to them and feel safe in 10 providing information to them. 11 Now, I understand that 12 Assemblymember McEneny has a similar bill. It 13 does not have this added requirement. And I 14 would hope that as we go forward before the 15 end of the session, we can resolve the 16 differences between those two and come out of 17 this with a bill that will expand members of 18 the clergy to the status of mandated reporters 19 and protect the confidentiality and service 20 provision to the children that we're trying to 21 protect. 22 Thank you. 23 ACTING PRESIDENT MEIER: Senator 24 Duane. 25 SENATOR DUANE: Thank you, Mr.

Candyco Transcription Service, Inc.

(518) 371-8910 1 President. On the bill, please. 2 ACTING PRESIDENT MEIER: Senator 3 Duane, on the bill. 4 SENATOR DUANE: Thank you. 5 I actually welcome this 6 opportunity, because I wanted to clarify 7 something that happened on this floor that was 8 perhaps misinterpreted. And if, 9 Mr. President, you'll indulge me with a little 10 bit of leeway on it, I will get to the point 11 of why this is germane to the bill. 12 There was an incident where a 13 bishop came and said a prayer -- which was not 14 the issue that I wanted to raise in particular 15 at that time on the floor. The issue was that 16 that particular bishop remained on the floor 17 while we were conducting Senate business. 18 And it doesn't make any difference 19 to me whether it's a member of the clergy or 20 it's, for that matter, a trial attorney or 21 another lobbyist. I objected to a lobbyist 22 being on the floor while Senate business was 23 being conducted. There being a reason that we 24 call lobbyists lobbyists; they're supposed to 25 be in the lobby.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And just as a further -- a lot of 2 controversy developed around that, and I think 3 my reasons for the objection were 4 misinterpreted at that time. And I do want to 5 reference also that a member of my staff, who 6 was the victim of clergy abuse, since that 7 time has actually met with Bishop Hubbard and 8 they've broken bread together. So there has 9 been some progress on reconciliation on that 10 issue. 11 I do, though, think it's important 12 to not just address the issue of lobbyists 13 being on the floor but also what happens in 14 terms of lobbying in general and how there are 15 big problems with our campaign finance laws, 16 which I hope I'll get a moment to address at 17 another point. 18 That said, I think you'll hear from 19 some of my colleagues other reasons why they 20 may not be able to support this bill. But I 21 do want to just talk about, as I did in the 22 past, a couple of the glaring problems with 23 this bill, the first being that the bill only 24 requires clergy to release records of abuse 25 dating back 20 years or less. So that would

Candyco Transcription Service, Inc.

(518) 371-8910 1 be 1985. 2 And yet we know that the scandal 3 and the tragedy of clergy abuse extends back 4 much further, and we also know that records on 5 that have been kept back further than that. 6 And we also know that there are those still 7 alive today who have knowledge of reports that 8 may have been made and incidents of clergy 9 abuse. And what this bill would do is make it 10 so that those records would never have to be 11 disclosed and those people, those members of 12 the clergy who have knowledge of abuse, would 13 not have to come forward and talk about what 14 it is that they knew had happened in the past. 15 And then the other issue -- and 16 I've spoken on, and people can go back and 17 look at the record on this, of other reasons 18 why I object to this bill. But again, one of 19 the most bizarre parts of this legislation is 20 that if a clergy member is deceased, then even 21 if the abuse happened within the past 22 20 years, if the clergy member is deceased, 23 the information doesn't have to be disclosed. 24 And what that does is deny someone who has 25 been victimized by a clergy member from having

Candyco Transcription Service, Inc.

(518) 371-8910 1 confirmation that it happened. 2 And I would venture to say that 3 while oftentimes we read accounts that have to 4 do with trying to enact monetary relief on the 5 issue of clergy abuse, perhaps the more 6 important thing to those who are victims of 7 clergy abuse is recognition that it happened, 8 confirmation that it happened. And so just in 9 two incidents, from the way this bill is 10 crafted, if the clergy member is deceased or 11 if the bias abuse happened more than 20 years 12 ago, we would have no access to that 13 information and the victim would have no 14 confirmation of what happened. 15 And again, if we are ever to really 16 deal with this issue, we have to have an 17 acknowledgment that some of the cases occurred 18 with members of the clergy who are now 19 deceased. Or, for that matter, what the 20 church often does, what the Catholic Church 21 does is it takes them out of active duty, if 22 you will, which means that they are not 23 responsible for their records. 24 But if the abuse happened more than 25 20 years ago, if the clergy member is

Candyco Transcription Service, Inc.

(518) 371-8910 1 deceased, the victim then is denied the 2 ability to get confirmation from another 3 source that what happened to them in fact can 4 be recognized and put on the record. And that 5 is, I believe, the most important thing. 6 I think that a lot of the lawsuits 7 and the discussion around money has to do with 8 the denial of abuse having happened. And that 9 there could be a much greater chance for 10 reconciliation, a much greater chance of these 11 terrible and tragic lawsuits happening if 12 there was recognition by those in authority of 13 the clergy and if there was confirmation of 14 the abuse that happened. Only then will the 15 victims really get any of the peace that they 16 deserve after years of denial of the terrible 17 thing that happened to them. 18 So those are a couple of the 19 reasons why again I'll be voting no on this 20 bill, Mr. President. And thank you very much. 21 ACTING PRESIDENT MEIER: Senator 22 Liz Krueger. 23 SENATOR LIZ KRUEGER: Thank you, 24 Mr. President. On the bill. 25 Well, I think this is perhaps the

Candyco Transcription Service, Inc.

(518) 371-8910 1 third year -- I may be wrong -- that we're 2 debating this bill, which puts me in the 3 quandary of I support half the bill, I support 4 the bill -- the sections of the bill that 5 address the problem we thought we were trying 6 to address in this house; that is, reporting 7 of clergy abuse by adding members of the 8 clergy to the list of professionals who have 9 to report and have to be reported on. 10 And in fact, there are many good 11 arguments for Senator Saland's bill. And 12 actually, my colleague Diane Savino already 13 covered some of those issues. 14 And yet we still find ourselves 15 with a bill that attempts to make changes in 16 other categories of social service law and 17 reporting that in fact result in it being a 18 bill that unfortunately -- and I do say 19 unfortunately -- I can't support. Because I 20 want to support, I want to support this bill. 21 I want to address the problems of reporting 22 child abuse. 23 But I also don't want to create 24 laws in the State of New York that will result 25 in young people being afraid to go and speak

Candyco Transcription Service, Inc.

(518) 371-8910 1 to healthcare professionals -- doctors, 2 nurses, counselors -- in confidentiality, in 3 such a way that they won't get the information 4 they need, they won't get the counselling or 5 advice they need, they won't get the 6 healthcare they need. And instead we will 7 bury problems rather than bringing them to the 8 surface and helping those young people. 9 And I don't believe Senator Saland 10 intends to do that, because I know that he 11 wants the right things in this legislation. 12 He wants us to stop abuse of children. He 13 wants to have people who are guilty of sex 14 crimes to be reported in and to be moved 15 through the criminal justice system. And I 16 don't believe he wants to discourage young 17 people and teenagers from seeking out 18 healthcare and counseling. 19 But unfortunately, the way the bill 20 is written, we are still in a situation that 21 if this becomes the law -- and it is still my 22 understanding that we still don't have a 23 two-house agreement because of equal concerns 24 in the Assembly about the second section of 25 this bill -- that because of the way the bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is written, teenagers, who won't read our 2 bills, they don't read the law before they 3 make decisions about whether they seek out 4 help from doctors and nurses and counselors or 5 go to a sex ed program or a reproductive 6 health organization or go to learn about safe 7 sex or explore being HIV-tested if they think 8 they're at risk when they've been sexually 9 active -- they don't read the legislation. 10 They don't understand the fine 11 details between what should and shouldn't 12 categorize as a report. They don't 13 necessarily follow the differences between 14 their definition of a sexually consenting 15 relationship, even if it's wrong and they 16 should be counseled against it and their 17 families should be brought into it and 18 potentially the police should be brought into 19 it, they don't separate out those issues as we 20 define them in the law. 21 What will happen if this becomes 22 the law in New York State is that sexually 23 active young people will not go and get help. 24 They won't go to doctors, they won't go to 25 nurses, they won't go to reproductive health

Candyco Transcription Service, Inc.

(518) 371-8910 1 programs, they won't seek out birth control, 2 they won't learn about safe sex. Because what 3 they will know, what they will hear is that 4 somebody's 20-year-old boyfriend with a 5 16-year-old girlfriend ended up being arrested 6 by the police on statutory rape. And they 7 won't do the analysis of, well, that wasn't my 8 situation or that wasn't their situation. 9 They'll just hear that if you go for help and 10 you've been sexually active and you're a 11 teenager, that it's potentially possible that 12 you or whoever you've been having a 13 relationship with can get visited by the 14 police. 15 And that's not what we mean to do. 16 I know that is not the intention of Senator 17 Saland. But again, the way this bill is 18 written this year, as it was written in the 19 past, that will be the result or the perceived 20 result by teenagers throughout New York State. 21 And so as much as I want to pass a 22 bill that finally implements clergy reporting, 23 as much as I want to ensure that the State of 24 New York does everything it can to stop abuse 25 of young people by adults in positions of

Candyco Transcription Service, Inc.

(518) 371-8910 1 trust, I can't ignore the very articulate 2 memos by people like the Family Planning 3 Advocates, the NYCLU, Planned Parenthood of 4 New York, the teachers of New York, the 5 New York State Coalition Against Domestic 6 Violence, the NASW of New York, and the 7 New York State Coalition Against Sexual 8 Assault. These groups are experts, not only 9 in trying to stop sexual abuse of young 10 people, but of understanding the difference 11 between legislation that sounds right in a 12 headline and legislation that does right or 13 doesn't do right when it's implemented into 14 law. 15 So unfortunately, I will continue 16 my objections to this legislation and vote no, 17 as disappointed as I am that we can't separate 18 these two issues, move forward with a bill to 19 address clergy reporting and then come back to 20 a discussion about what we should be doing in 21 other changes to social services law, 22 mandatory reporting, the differences between 23 dealing with the reports to the child abuse 24 hotline and reports in to the police. 25 I was so hoping this year would be

Candyco Transcription Service, Inc.

(518) 371-8910 1 the year we would finally separate the two 2 issues, move forward with both in a rational 3 way, but apparently we won't. And I'll be 4 voting no. 5 Thank you, Mr. President. 6 ACTING PRESIDENT MEIER: Any 7 other Senator wish to be heard on the bill? 8 Senator Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Mr. President. Very briefly on the bill. 11 I have to concur with the comments 12 of some of my colleagues. And as I've said 13 when similar pieces of legislation have come 14 before this house in the past, it is 15 astonishing to our constituents and 16 unacceptable to our constituents that on an 17 issue like this, where the overwhelming 18 majority of people in the state support doing 19 something about it, the Senate and the 20 Assembly, year after year, are unable to 21 accomplish that. 22 Senator Krueger points out that if 23 we'd separate out some of those issues, we 24 could probably achieve a partial victory. 25 The difficulty I have with this

Candyco Transcription Service, Inc.

(518) 371-8910 1 particular incarnation of the bill, and the 2 reason I think it's a one-house bill and we're 3 going to adjourn again this year having failed 4 to address this issue, is that all of the 5 other issues being put aside, it is absolutely 6 clear that this legislation creates a penalty 7 for failure to report but no penalty for 8 overreporting. 9 So the incentive for anyone who is 10 a -- and that's found in the sections on 11 immunity from liability and in the section 12 also making it an A felony to not review 13 records and report. 14 But this clearly indicates -- and 15 it's in Section 429B, penalties for the 16 failure to report. If you're someone required 17 to report a case of suspected child abuse who 18 willfully fails to do so, you're guilty of a 19 Class A misdemeanor. If you're required to 20 report a case and you willfully fail to do so, 21 you're civilly liable. But if you wrongfully 22 report it, you're immune from civil liability 23 and from criminal liability. 24 So I think it just sets up a 25 structure where, if you're a caseworker, you

Candyco Transcription Service, Inc.

(518) 371-8910 1 know that if you're in doubt, you've got to 2 report it, because you could be guilty of a 3 crime, you could be subject to civil liability 4 if you don't report -- but no penalty for 5 overreporting. 6 So I think that this is a 7 structurally unsound approach. I'm confident 8 that this is not going to pass the Assembly. 9 And I commend -- I don't attribute any bad 10 faith to the sponsor. I know he's been 11 working hard on this. But I would 12 respectfully suggest that we have to take some 13 sort of a different approach. And maybe 14 another stab at a conference committee is 15 necessary. 16 It is completely unacceptable that 17 we are adjourning again this session without 18 addressing this issue. And just as the voters 19 have gone to the polls and sent messages in 20 the past, this is the -- this epitomizes the 21 gridlock in Albany that is turning so many 22 people off to the work in this legislature, 23 much of it good work. 24 I'm going to vote no on this bill 25 this year, but I am absolutely committed to

Candyco Transcription Service, Inc.

(518) 371-8910 1 trying to resolve this and extremely 2 frustrated that in spite of a uniformity of 3 agreement that we have to address the issue of 4 clergy sex abuse, we're adjourning again not 5 doing anything. 6 So I'm voting no, Mr. President, 7 and I hope we will solve this problem. We're 8 all committed on this side of the aisle to 9 addressing it in the coming session. 10 Thank you. 11 ACTING PRESIDENT MEIER: Senator 12 Saland. 13 SENATOR SALAND: To close, Mr. 14 President. 15 I can't say there isn't anything 16 that I've heard today that I haven't heard 17 previously. The essence of what I'm hearing 18 in part is the stupid-teenager argument, that 19 if I'm a teenager I won't understand that this 20 effectively applies only to grade-school 21 students, that there's no way that the 22 so-called high school sweetheart situation can 23 occur under this construct. 24 Now, I've had four children, all of 25 whom are now adults. Trust me, they would not

Candyco Transcription Service, Inc.

(518) 371-8910 1 be befuddled. They would understand. I 2 didn't think that teenagers were as stupid as 3 some of my colleagues would make them out to 4 be. But it does make for a nice argument. 5 I'd also point out to those -- and 6 I believe it was Senator Krueger who said they 7 won't go to doctors and nurses. Well, Senator 8 Krueger, I want you to know that under the law 9 right now, if they go to a doctor or nurse, 10 that doctor or nurse could be subpoenaed and 11 brought in if the victim is 15 years or 12 younger. So if the 15-year-old, 14-, 13-, 13 12-year-old is the victim of crime, that 14 doctor or nurse can be subpoenaed and brought 15 in, and there's no confidentiality. 16 Now, I think all of us here are 17 well familiar with the Assembly's posture on 18 virtually any bill that smacks of penalties. 19 It is what at best could be called minimalist, 20 and that is very generous on my part. They 21 remind me of the guy in the Capital One 22 advertisement: It's no, nein, nyet. 23 And I can assure you with absolute 24 certainty that the Assembly, until such time 25 as one of their members has some absolutely

Candyco Transcription Service, Inc.

(518) 371-8910 1 outrageous sexual offense occur in their 2 district -- as was the case with the 3 fingerprinting bill that we did. It wasn't 4 until there were high-profile violations of 5 students in districts in Westchester County 6 that involved Assembly members from the 7 majority side of the aisle, that the Assembly 8 was even willing to talk about fingerprinting 9 school employees. 10 The Assembly won't talk until 11 somebody's next-door neighbor is violated by a 12 coach, is violated by a scout leader. They 13 will not deal with the issue if they don't 14 have to. 15 I spent too long and too hard of a 16 time dealing with issues like this throughout 17 my professional career and in my career in 18 this legislature. I, for one, am not going 19 succumb to the Capital One philosophy of the 20 Assembly majority. One day, however long it 21 takes, we will get there. And I don't care if 22 the Assembly has to be brought kicking and 23 screaming. 24 And let me suggest to you, although 25 I'm sure he will come up with amnesia, the

Candyco Transcription Service, Inc.

(518) 371-8910 1 age-sensitive portion of this legislation was 2 something that Assemblyman McEneny and I 3 discussed last year. And it wasn't until 4 Assembly central staff said "no, nein, nyet" 5 that he backed off. But I'm sure he has 6 amnesia now and won't recall that. 7 So I would urge all my colleagues 8 to vote for this bill. It's about children. 9 It's about protecting children. It's about 10 saying that why in the world would anybody 11 find anything redeemingly of value, any social 12 policy that says if a child of less than 13 is 13 violated by an adult, 13 or less, that somehow 14 or other we should clothe the reporters with 15 confidentiality, some of the very same 16 reporters who could be subpoenaed in to 17 testify. 18 I see no reason for it. Some of 19 these memos -- only if you assume that 20 teenagers are inherently stupid, only if you 21 assume that they would not get the message, 22 only if you assume that this is a benefit to a 23 grade-school child to permit those who would 24 foist themselves on children, those who would 25 ensnare children -- understand that the

Candyco Transcription Service, Inc.

(518) 371-8910 1 stereotype of a pedophile is not necessarily 2 the guy lurking in a doorway. Very often it 3 is some person of trust who in effect throws 4 out a lure, brings in the child, gradually 5 ensnaring that child and then abusing him or 6 her almost at will. 7 So this house has taken a stand in 8 the past. This house should continue to take 9 this stand now. Again, it's about children. 10 It's not about self-righteousness, it's not 11 about people who don't want to be 12 inconvenienced; namely, a bunch of reporters 13 who have an obligation to report. 14 And keep in mind, when one talks 15 about these systems, there's such a distinctly 16 different system for civil complaints that go 17 to the central registry and criminal 18 complaints. Criminal complaints are vastly 19 different. And the obligation of caseworkers 20 who handle civil complaints is totally 21 different from the obligation of law 22 enforcement to investigate and prosecute a 23 crime. 24 Thank you, Mr. President. 25 ACTING PRESIDENT MEIER: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 debate is closed. 2 The Secretary will sound the bells, 3 and members are asked to come to the chamber 4 for a vote. 5 Read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the 60th day. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MEIER: Senator 12 Balboni, to explain his vote. 13 SENATOR BALBONI: Mr. President, 14 sometimes you can listen to a debate and have 15 it spin in a totally different direction. 16 Senator Schneiderman, in his 17 debate, mentioned that for another year we 18 will have failed to address this issue. I 19 respectfully would like to correct that 20 phraseology. It's not "failed to address." 21 The Senate has addressed this every 22 year for the last couple of years, taking the 23 lead on a very difficult issue, because Steve 24 Saland has stood up and, frankly, the Senate 25 has stood up. The fact that the entire

Candyco Transcription Service, Inc.

(518) 371-8910 1 legislature can't get its act together on what 2 form it wants to do does not mean that we have 3 not led on this issue. And that's what we've 4 done. 5 I vote in favor of this, Mr. 6 President. 7 ACTING PRESIDENT MEIER: Senator 8 Balboni will be recorded in the affirmative. 9 Could we have some order in the 10 chamber. 11 Senator Breslin, to explain his 12 vote. 13 SENATOR BRESLIN: Thank you, Mr. 14 President. 15 I stand not to point fingers at 16 anyone and blame anyone. I blame everyone, 17 both the Assembly and the Senate. 18 Our constituents are out there 19 saying that this is a clergy abuse bill. Why 20 don't we restrict it to that and add the 21 clergy on to the number of mandated people who 22 must report, get that part done to satisfy the 23 needs of our constituents and what should be 24 right in New York State, and keep the 25 reduction or the wearing away of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 confidential relationships of the other 2 mandated categories to a different day. 3 I vote no. 4 ACTING PRESIDENT MEIER: Senator 5 Breslin will be recorded in the negative. 6 Senator Marcellino, to explain his 7 vote. 8 SENATOR MARCELLINO: Mr. 9 President, I have to rise. I wasn't going to 10 say anything, but I can't take too much more 11 of this. 12 I will not accept that everyone is 13 to blame. Vasean's Law, Megan's Law, Kendra's 14 Law, go on and on and on, name the laws after 15 people who have had horrific acts forced upon 16 them before the Assembly would move or come to 17 the table to negotiate. 18 Enough is enough. How many more 19 people have to die before we get the right 20 thing done? I vote aye. 21 ACTING PRESIDENT MEIER: Senator 22 Marcellino will be recorded in the 23 affirmative. 24 Senator Hassell-Thompson, to 25 explain her vote.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Thank 2 you, Mr. President. 3 For three and a half of the five 4 years that I've been here in the State Senate, 5 I have been working with DAs and with advocate 6 groups and with my colleagues here in the 7 legislature in an effort to get a substantive 8 child sexual abuse bill. 9 Senator Saland and I have had some 10 dialogue and some efforts to try to begin to 11 address aspects of this very complex problem. 12 I am not in favor of piecemealing this bill. 13 And I am very concerned that we do have a 14 major issue out there that does speak to 15 clergy. 16 But clergy is not the only mandated 17 reporting that we ought to be doing. This is 18 not just about the clergy. And even though 19 clergy has gotten a significant amount of 20 attention, it is more pervasive. And the 21 pervasiveness doesn't just speak to who should 22 be reported but how far back we should go, 23 what should be the window of opportunity. 24 And this legislature -- we can 25 blame the Assembly if we want to, and that may

Candyco Transcription Service, Inc.

(518) 371-8910 1 be appropriate. But this legislature has 2 failed to adopt a much more thorough bill. 3 There have been other attempts by Democrats in 4 this house to address this issue very 5 broad-basedly. We have had press conferences, 6 we have had advocate groups who have worked 7 with us and had hearings to talk about what 8 this bill ought to look like. 9 And for us to be satisfied with 10 this as the only issue, only aspect of this 11 issue that we deal with in this whole Senate 12 session this year is an atrocity. I will be 13 voting no. 14 ACTING PRESIDENT MEIER: Senator 15 Hassell-Thompson will be recorded in the 16 negative. 17 Senator Schneiderman. 18 SENATOR SCHNEIDERMAN: Thank you. 19 Very briefly. 20 Echoing what Senator 21 Hassell-Thompson said, and with regard to the 22 comments of some of my colleagues, we're 23 expected by our constituents to pass laws, not 24 pass laws and point fingers. If we pass a 25 bill, we refuse to move off of a position we

Candyco Transcription Service, Inc.

(518) 371-8910 1 know is a poison pill for the Assembly, then 2 we have to share the blame. 3 And I would suggest that as we 4 prepare to adjourn, if we're going to point 5 fingers at the Assembly, let's look at a list 6 of bills that have passed the Assembly this 7 year and have died in this house. Timothy's 8 Law. Procurement lobbying reform, A9C. 9 Ethics loophole, A947A. MTA reform and 10 oversight, A7098. Public authorities reform, 11 A5626. Bottle bill expansion. Emergency 12 contraception over the counter. Children's 13 Weapon Accident Prevention Act, the Gun-Free 14 Kids Act. Banning .50-caliber weapons. 15 There are dozens of good bills that 16 passed the Assembly -- Rockefeller drug 17 reform -- that failed here. 18 So let's not just point the finger 19 at the Assembly. Let's get the work done. 20 And hopefully our constituents will hear the 21 truth and not just get disgusted with the 22 finger-pointing by both houses and stop paying 23 attention. 24 Thank you. 25 ACTING PRESIDENT MEIER: How do

Candyco Transcription Service, Inc.

(518) 371-8910 1 you vote, Senator? 2 SENATOR SCHNEIDERMAN: I'm voting 3 no. 4 ACTING PRESIDENT MEIER: Just 5 checking. 6 Senator Schneiderman will be 7 recorded in the negative. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 250 are 12 Senators Andrews, Breslin, Duane, 13 Hassell-Thompson, L. Krueger, Montgomery, 14 Parker, Schneiderman, Serrano and Stavisky. 15 Absent from voting: Senator 16 Bonacic. 17 Ayes, 50. Nays, 10. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 Senator Fuschillo. 21 SENATOR FUSCHILLO: Mr. 22 President, could we return to motions and 23 resolutions and then take up Supplemental 24 Calendar A, please. 25 ACTING PRESIDENT MEIER: Motions

Candyco Transcription Service, Inc.

(518) 371-8910 1 and resolutions. 2 Senator Farley. 3 SENATOR FARLEY: Thank you, Mr. 4 President. 5 On behalf of Senator Fuschillo, on 6 page 43, I offer the following amendments to 7 Calendar Number 1185, Senate Print 5370A, and 8 I ask that that bill retain its place on the 9 Third Reading Calendar. 10 ACTING PRESIDENT MEIER: The 11 amendments are received and adopted, and the 12 bill will retain its place on the order of 13 third reading. 14 SENATOR FARLEY: Mr. President, 15 on behalf of Senator Robach, on page 48, I 16 offer the following amendments to Calendar 17 Number 1285, Senate Print 4406, and I ask that 18 that bill retain its place. 19 ACTING PRESIDENT MEIER: The 20 amendments are received and adopted, and the 21 bill will retain its place on the Third 22 Reading Calendar. 23 SENATOR FARLEY: Mr. President, 24 on behalf of Senator DeFrancisco, on page 49, 25 I offer the following amendments to Calendar

Candyco Transcription Service, Inc.

(518) 371-8910 1 Number 1299, Senate Print 5380A, and I ask 2 that that bill retain its place. 3 ACTING PRESIDENT MEIER: The 4 amendments are received and adopted, and the 5 bill will retain its place on the Third 6 Reading Calendar. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Mr. 9 President, if there's a substitution, can you 10 please make it at this time. 11 ACTING PRESIDENT MEIER: The 12 Secretary will read the substitutions. 13 THE SECRETARY: On page 34, 14 Senator LaValle moves to discharge, from the 15 Committee on Rules, Assembly Bill Number 7469 16 and substitute it for the identical Senate 17 Bill Number 5164A, Third Reading Calendar 962. 18 ACTING PRESIDENT MEIER: 19 Substitution ordered. 20 Senator Fuschillo. 21 SENATOR FUSCHILLO: Mr. 22 President, can you please take up Supplemental 23 Calendar Number A. 24 ACTING PRESIDENT MEIER: The 25 Secretary will conduct the noncontroversial

Candyco Transcription Service, Inc.

(518) 371-8910 1 reading of Supplemental Calendar 58A. 2 THE SECRETARY: In relation to 3 Calendar Number 1609, Senator Brown moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 1880A and substitute it 6 for the identical Senate Bill Number 945A, 7 Third Reading Calendar 1609. 8 ACTING PRESIDENT MEIER: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1609, by Member of the Assembly DelMonte, 13 Assembly Print Number 1880A, an act to 14 authorize the City of Niagara Falls. 15 ACTING PRESIDENT MEIER: There is 16 a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1610, by Senator Padavan, Senate Print 2495, 3 an act to amend the Agriculture and Markets 4 Law. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 60th day. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. Nays, 13 1. Senator Winner recorded in the negative. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1611, by Senator Morahan, Senate Print -- 18 ACTING PRESIDENT MEIER: The 19 Secretary will read the negatives again with 20 regard to Calendar 1610. 21 THE SECRETARY: In relation to 22 Calendar Number 1610, those recorded in the 23 negative: Senators Winner and Young. 24 Ayes, 59. Nays, 2. 25 ACTING PRESIDENT MEIER: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1611, by Senator Morahan, Senate Print 3025A, 4 an act to amend the Vehicle and Traffic Law. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1612, Senator Maziarz moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 6623A and substitute it 19 for the identical Senate Bill Number 3598, 20 Third Reading Calendar 1612. 21 ACTING PRESIDENT MEIER: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1612, by Member of the Assembly John, Assembly

Candyco Transcription Service, Inc.

(518) 371-8910 1 Print Number 6623A, an act to amend Chapter 2 511 of the Laws of 1995. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1613, by Senator Golden, Senate Print 3815, an 15 act to amend the Administrative Code of the 16 City of New York. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT MEIER: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1614, by Senator Golden, Senate Print 4696, an 4 act to amend the Administrative Code of the 5 City of New York and the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1615, by Senator Maltese, Senate Print 4737B, 19 an act to amend the Public Officers Law. 20 SENATOR MONTGOMERY: Lay it 21 aside. 22 ACTING PRESIDENT MEIER: Lay the 23 bill aside. 24 THE SECRETARY: Calendar Number 25 1616, by Senator Wright, Senate Print 5005B,

Candyco Transcription Service, Inc.

(518) 371-8910 1 an act to amend the Penal Law. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1617, by Senator Golden, Senate Print 5031, an 15 act to amend the Executive Law. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MEIER: Senator 24 Duane. 25 SENATOR DUANE: Is there a home

Candyco Transcription Service, Inc.

(518) 371-8910 1 rule message? 2 ACTING PRESIDENT MEIER: No, 3 there's not, Senator. 4 The Secretary will call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. Nays, 7 1. Senator Duane recorded in the negative. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1618, by Senator Leibell, Senate Print 5090, 12 an act to amend the Public Health Law. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1619, by the Senate Committee on Rules, Senate 25 Print Number 5287, an act to amend the Tax

Candyco Transcription Service, Inc.

(518) 371-8910 1 Law. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MEIER: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1620, by Senator Larkin, Senate Print 5314, an 14 act to amend the Retirement and Social 15 Security Law. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the first month next 20 succeeding. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT MEIER: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 1621, Senator LaValle moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 7609 and substitute it 6 for the identical Senate Bill Number 5426, 7 Third Reading Calendar 1621. 8 ACTING PRESIDENT MEIER: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1621, by Member of the Assembly Abbate, 13 Assembly Print Number 7609, an act to amend 14 the General Municipal Law. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect upon enactment into law 19 by the State of New Jersey. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1622, by the Senate Committee on Rules, Senate 3 Print Number 5460, an act to amend Chapter 401 4 of the Laws of 2002. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1623, Senator Golden moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 6590B and substitute it 19 for the identical Senate Bill Number 5465A, 20 Third Reading Calendar 1623. 21 ACTING PRESIDENT MEIER: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1623, by Member of the Assembly Wright,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Print Number 6590B, an act to amend 2 the Real Property Tax Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 30th day. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1624, by Senator Meier, Senate Print 5643, an 15 act to amend the Retirement and Social 16 Security Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT MEIER: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1625, by Senator Saland, Senate Print 5644, an 4 act to amend Chapter 524 of the Laws of 1987. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1626, by Senator Spano -- 17 SENATOR SCHNEIDERMAN: Lay it 18 aside. 19 ACTING PRESIDENT MEIER: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1627, by Senator Little, Senate Print 56 -- 23 SENATOR SCHNEIDERMAN: Lay it 24 aside. 25 ACTING PRESIDENT MEIER: Lay the

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill aside. 2 THE SECRETARY: Calendar Number 3 1628, by Senator Alesi -- 4 SENATOR SCHNEIDERMAN: Lay it 5 aside. 6 ACTING PRESIDENT MEIER: Lay the 7 bill aside. 8 THE SECRETARY: In relation to 9 Calendar Number 1629, Senator DeFrancisco 10 moves to discharge, from the Committee on 11 Rules, Assembly Bill Number 8446 and 12 substitute it for the identical Senate Bill 13 Number 5683, Third Reading Calendar 1629. 14 ACTING PRESIDENT MEIER: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1629, by Member of the Assembly Magnarelli, 19 Assembly Print Number 8446, an act to dedicate 20 Camillus Forest Unique Area Preserve. 21 ACTING PRESIDENT MEIER: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1630, by Senator Libous, Senate Print 5688, an 8 act to amend the Education Law. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1631, by Senator Saland, Senate Print 5696, an 21 act to authorize the Commissioner of 22 Environmental Conservation. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1632, by the Senate Committee on Rules, Senate 10 Print Number 5705, an act to amend the Tax 11 Law. 12 ACTING PRESIDENT MEIER: There is 13 a local fiscal impact note at the desk. 14 Read the last section. 15 THE SECRETARY: Section 6. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. Nays, 21 1. Senator Valesky recorded in the negative. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Mr.

Candyco Transcription Service, Inc.

(518) 371-8910 1 President, please lay aside Calendar 1633, 2 Senate Print 5729. 3 ACTING PRESIDENT MEIER: The bill 4 is laid aside. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Calendar Number 8 1634, by Senator Volker, Senate Print 5745A, 9 an act authorizing the County of Erie. 10 ACTING PRESIDENT MEIER: There is 11 a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 10. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1635, by Senator Meier, Senate Print 5805, an 23 act to amend the Family Court Act and others. 24 ACTING PRESIDENT MEIER: Read the 25 last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 Senator Fuschillo, that completes 10 the noncontroversial reading of Supplemental 11 Calendar 58A. 12 SENATOR FUSCHILLO: Mr. 13 President, could we return to the original 14 calendar and have the reading of the 15 controversial calendar, starting with Calendar 16 Number 1557. 17 ACTING PRESIDENT MEIER: The 18 Secretary will conduct the controversial 19 reading of the original calendar, starting 20 with Calendar 1557. 21 THE SECRETARY: Calendar Number 22 1557, by Senator Larkin, Senate Print 5615, an 23 act to amend the Racing, Pari-Mutuel Wagering 24 and Breeding Law. 25 SENATOR SABINI: Explanation.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Larkin, an explanation has been requested with 3 regard to Calendar 1557. 4 SENATOR LARKIN: Thank you, Mr. 5 President. 6 This is a bill similar to what we 7 did in the year 2000 when we had the Breeder's 8 Cup here. The only difference is the year 9 2000-2001 budget, it was included in the 10 budget because beforehand they had actually 11 notified us as to what the costs were going to 12 be associated with it. 13 The demands on the track now by the 14 International Racing Association demands that 15 the honoree, host, for the Breeder's Cup is 16 required to do certain amounts of advertising, 17 handling, stuff that they're not doing on a 18 regular basis. So for the Breeder's Cup to 19 get the attention it needs nationwide, they 20 need to be able to encourage additional 21 funding rather than us providing a direct fund 22 to them. 23 So in the budget of 2000-2001 it 24 was said that we would take the day before the 25 race, the day of the race, the day after the

Candyco Transcription Service, Inc.

(518) 371-8910 1 race, and they wouldn't be required to fund it 2 to the state. 3 That's the same language that was 4 there that passed three years ago. 5 ACTING PRESIDENT MEIER: Senator 6 Sabini. 7 SENATOR SABINI: Thank you, Mr. 8 President. Will the sponsor yield for a 9 question or two. 10 ACTING PRESIDENT MEIER: Senator 11 Larkin, do you yield for a question? 12 SENATOR LARKIN: Yes, Mr. 13 President. 14 ACTING PRESIDENT MEIER: The 15 sponsor yields. 16 SENATOR SABINI: Knowing the 17 chairman's strong knowledge of the racing 18 industry, I'm wondering, since the 19 International Thoroughbred Racing Association 20 is requiring all this additional advertising 21 and promotion for the Breeder's Cup, didn't 22 NYRA ask to host the Breeder's Cup? 23 SENATOR LARKIN: I'm not aware of 24 it. I think it was just their turn. 25 And when we did the budget before,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Sabini, it was from NYRA to put it in 2 the budget. And in the year 2000, when we did 3 the budget, we were here a long, long time, 4 satisfactory, so that it would be eligible for 5 the funding that was required in 2001. 6 SENATOR SABINI: Mr. President, 7 if the sponsor would continue to yield. 8 ACTING PRESIDENT MEIER: Senator 9 Larkin, do you yield? 10 SENATOR LARKIN: Yes, Mr. 11 President. 12 ACTING PRESIDENT MEIER: The 13 sponsor yields. 14 SENATOR SABINI: It just seems to 15 me that the Breeder's Cup is something that 16 NYRA asked for rather than it being their 17 turn. I think they -- could they not refuse 18 to host the Breeder's Cup if they wanted to? 19 SENATOR LARKIN: Yeah, they 20 could. But we could argue that for the next 21 three days. 22 What we have is we have a great 23 race that has a great tour, it brings a lot of 24 tourism to our area. And they're saying we 25 will do it, we will make money for the states,

Candyco Transcription Service, Inc.

(518) 371-8910 1 we will make money for Senator Farley's 2 district, for Assembly Tonko, Senator Bruno, 3 and there will be revenue. 4 As a matter of fact, Senator 5 Breslin will probably go to the Breeder's Cup. 6 SENATOR SABINI: Mr. President, 7 will the sponsor continue to yield. 8 ACTING PRESIDENT MEIER: Senator 9 Larkin, do you yield? 10 SENATOR LARKIN: Yes. 11 ACTING PRESIDENT MEIER: The 12 Senator yields. 13 SENATOR SABINI: I'll be happy to 14 note that the Breeder's Cup will be held, 15 actually, in Belmont, which of course is 16 downstate. Not to besmirch my friends from 17 Saratoga. 18 But my question is, if we're not 19 going to require NYRA to pay the pari-mutuel 20 tax for those three days -- not just the 21 Breeder's Cup day, but the day before and the 22 day after -- is any of that savings going to 23 be passed on to the wagering public? 24 SENATOR LARKIN: Well, I think, 25 John, the thing that we have to remember here

Candyco Transcription Service, Inc.

(518) 371-8910 1 is the Breeder's Cup is not the only race of 2 that day. There are tremendous numbers, 3 there's 10 or 11 races that day. 4 I think the real confusion here is 5 that before, it became part of the budget; 6 here, it didn't. So they want to be able 7 to -- we're not going to amend the budget now 8 at this late date and have funding for the 9 marketing of the Breeder's Cup. 10 When you look at it -- and I've 11 talked to three or four people who have better 12 financial knowledge than I do who say that 13 this was a simple issue -- the day before, day 14 of, and day after -- in order to ensure that 15 they had the funds to meet the obligations 16 that would occur as a result of the marketing 17 requirement. 18 SENATOR SABINI: Should I take 19 that as a no? 20 SENATOR LARKIN: Pardon me? 21 SENATOR SABINI: I asked the 22 question would the savings be passed on to the 23 wagering public, and I said should I take your 24 answer as a no. 25 SENATOR LARKIN: No, I think it's

Candyco Transcription Service, Inc.

(518) 371-8910 1 very simple. That's how we did it before. We 2 did it in the budget. And this time we're 3 doing it in a way that it's up to the track. 4 If they don't do this -- it's simple. 5 SENATOR SABINI: Mr. President, 6 on the bill. 7 ACTING PRESIDENT MEIER: Senator 8 Sabini, on the bill. 9 SENATOR SABINI: I'll take that 10 as a no, that the savings won't be passed on 11 to the betting public. 12 And indeed, the Breeder's Cup, on 13 the day of the Breeder's Cup there's only one 14 race that's not part of the Breeder's Cup 15 card. I was the proud holder of a winning 16 triple ticket the year it was at Aqueduct, so 17 I know that. 18 But the day before and the day 19 after are not part of the Breeder's Cup. And 20 it just seems to me that while this may have 21 been done the last time the Breeder's Cup was 22 in Belmont, we're now faced with a situation 23 where NYRA is on the front page of the 24 newspaper every day with audits, pending 25 investigations. They're in, I guess it's fair

Candyco Transcription Service, Inc.

(518) 371-8910 1 to say, a legal limbo right now, depending on 2 what the courts decide based on their 3 probationary period of the last court order. 4 And I don't know that it really is 5 fair to say, Well, we really want to have the 6 Breeder's Cup, and oh, by the way, someone 7 else should pay for its promotion, namely, the 8 State of New York, who would be reaping these 9 taxes. 10 Yes, this is a great event for 11 New York State. It's a great day for racing. 12 But I'm not sure that forcing the taxpayers of 13 the state to pay for the promotion of this day 14 is really a good thing. They asked for the 15 event, and now they want us to pay for it. 16 I'm not sure that's particularly good. 17 If you're going to eliminate the 18 pari-mutuel tax for that day, I think you 19 should pass some of the savings on to the 20 wagering public. The people that make 21 New York State racing, both its racing 22 industry and its vast breeding industry and 23 the horsemen, that make it all successful are 24 the guys that go and plunk down a hundred 25 bucks every day in $2 increments at the tracks

Candyco Transcription Service, Inc.

(518) 371-8910 1 throughout the state, and they aren't really 2 benefiting from this. Yeah, they're going to 3 get to see some great racing that day, 4 firsthand. But you're really asking someone 5 else to pay for your party here. 6 And while I am, in my role as 7 ranker for the Minority on Racing and 8 Wagering, very supportive of the racing 9 industry, I'm a little questioning at this 10 time in NYRA's history whether or not this is 11 the type of thing we should be absolving them 12 from, from paying the pari-mutuel tax, and 13 having it go to something other than the 14 bettors. 15 You know, they might be smart to 16 ask for a lower pari-mutuel tax and pass the 17 savings on to the bettors. They'd get better 18 crowds, better handles, and we'd all make some 19 more money for the racing industry. 20 So I'm going to vote no on this, 21 Mr. President, on the strong consideration 22 this is not the time for us to be giving a tax 23 break to NYRA at this point in our history. 24 Thank you. 25 ACTING PRESIDENT MEIER: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Connor. 2 SENATOR CONNOR: Thank you, Mr. 3 President. 4 Actually, this bill raises two 5 issues. You know, I probably voted for this 6 when it was in a budget bill like this. And 7 the fact that this bill is coming out 8 separately reminds me of the way this Senate 9 once was 25 or 30 years ago, when issues like 10 this were brought out in a bill -- the 11 constitution says, you know, one bill, one 12 subject -- and we could have a debate about 13 the merits of that feature. 14 Of course we've long since 15 abandoned that, under the guise of a budget, 16 and we fold these things and we fold various 17 gambling measures into the budget even though 18 whenever we have a straight-up vote in this 19 house, or at least in the past on gambling, it 20 doesn't seem to command the support of a 21 majority of the members. But when you put it 22 in those big ugly budget bills, it passes. 23 So to say, oh, we did this before, 24 doesn't convince me of anything. I'm sure we 25 did. I'm sure I did. I'm sure it was in a

Candyco Transcription Service, Inc.

(518) 371-8910 1 big bill and apple pie and motherhood were 2 also in that bill and to vote against this you 3 would have had to vote against half the budget 4 of the State of New York and all the good 5 things that are often done in it. So I'm glad 6 this is a discrete bill. Now we can examine 7 this. 8 First of all, who told NYRA, who 9 told NYRA that they could host a Breeder's Cup 10 and we'd pick up the tab, the State of 11 New York would pick up the tab? That's rather 12 presumptuous of NYRA to think we should do it 13 this or we would automatically do this. 14 Secondly, to say -- and by the way, 15 I am pro-racing. I love the racing industry. 16 The breeding industry in New York State is 17 very, very important to this state. But you 18 know, I recently, in visiting colleges with my 19 son, they had some different classes you could 20 take in, and I took in one at Davidson College 21 by a professor who studied the issues of 22 sporting events and stadiums and so on, and he 23 was generally skeptical of all these 24 projections of how much money they bring in 25 and add to the economy. But he said what you

Candyco Transcription Service, Inc.

(518) 371-8910 1 do get is the water cooler bragging rights, 2 people who stand around the water cooler: 3 Hey, we're having the whatever game here, the 4 Super Bowl or the this or the that, or the 5 Breeder's Cup. 6 So I understand you get bragging 7 rights by hosting it. And I think New York 8 racing is great, and it's good imagewise. But 9 how do you put a dollar sign on that? How do 10 you quantify that? 11 I would like to see, accompanying a 12 bill like this, some projections. How many 13 people from out of state are expected to come 14 to Belmont for the Breeder's Cup? How many 15 are expected to come and stay overnight in 16 New York? And what were they spending? I 17 mean, these are things tourist-industry people 18 do all the time. 19 And I know you look at these 20 statistics sometimes and say, yeah, is it 21 really worth that much, is it going to -- the 22 Olympics or whatever, is it really going to 23 bring in that much -- a national convention, 24 whatever, going to bring in that much money 25 when you take out security costs and other

Candyco Transcription Service, Inc.

(518) 371-8910 1 hidden costs that the public pays. 2 So all I see here is a public 3 expenditure. And I know, I know, it's not an 4 expenditure, we're just forgiving, for three 5 days, the pari-mutuel tax. Three big betting 6 racing days. A big racing betting day, the 7 day of the Breeder's Cup. And there are other 8 races, and we're forgiving the tax on those. 9 That's just like spending the public's money. 10 It's the public's money. 11 My question, then, to NYRA would 12 be: Well, how much of your take out of the 13 pari-mutuel handle are you putting in to all 14 this advertising for the Breeder's Cup? Are 15 we partners? Is it fifty-fifty here? Or are 16 we picking up the whole tab? And NYRA, at the 17 end of year, can say, Oh, we had a great 18 racing year, despite all of our problems, 19 scandals, thievery and everything else, we 20 made money? At whose expense? I want to 21 know, are we paying the whole nut here? Is 22 that what we're doing, the public is paying 23 the whole nut so NYRA can host the Breeder's 24 Cup? 25 NYRA, it's an embarrassment. I

Candyco Transcription Service, Inc.

(518) 371-8910 1 remember years ago, when NYRA's franchise came 2 up for renewal some 20-some years ago, and 3 Stanley Fink was Speaker and he floated the 4 idea that those tracks belong to the State of 5 New York, we should take them and not leave 6 them with that NYRA board with all those 7 people with Roman numerals after their names 8 and racing stables. 9 Because NYRA has often operated as 10 if it was a private -- for the private 11 benefit, edification and enjoyment of large, 12 wealthy horse owners who race their horses 13 there. We gave them those tracks and that 14 franchise so they can enjoy themselves racing 15 their horses against each other. That's how 16 it looks to a lot of people. 17 Now, I've supported NYRA's efforts 18 in the past to change, to adapt. But what 19 I've been reading about for this last month 20 again, and read about last year, it's 21 absolutely scandalous the way they have 22 mismanaged this franchise. 23 And I want -- I'm not going to vote 24 for this, because I don't see solid numbers 25 about who's paying for the entire costs. All

Candyco Transcription Service, Inc.

(518) 371-8910 1 I see here is the public's supposed to pay 2 some, what is it, 400 and some thousand 3 dollars in forgiven pari-mutuel tax. Well, 4 what happens to the rest of the pari-mutuel 5 take that day? I'd like to know. 6 I'm voting no, Mr. President. 7 ACTING PRESIDENT MEIER: Senator 8 Duane. 9 SENATOR DUANE: Thank you, Mr. 10 President. 11 The bill before us might seem to be 12 just dealing with the Breeder's Cup horse 13 race, although I think it has a lot more to do 14 with public policy and how we make public 15 policy here. And maybe it's important -- and 16 my colleague on this side of the aisle raised 17 this, you know, the forces that perhaps have 18 ultimately brought this bill before us today. 19 But really, you know, what it is is 20 a tax break. It's a tax break allegedly so 21 that a special horse race can be held here in 22 New York. But I think, and my colleagues sort 23 of raised something to do with this, that 24 maybe there's a lot more to do with this 25 having to do with money. And I don't mean the

Candyco Transcription Service, Inc.

(518) 371-8910 1 money that might be paid to those who win or 2 even the money that we the taxpayers will be 3 losing on it, but maybe, more importantly -- 4 and this is an issue I alluded to a little 5 while earlier on the floor -- the money that 6 is given to those in the -- I'm sorry, money 7 given by those in the thoroughbred racing 8 industry. 9 Hundreds of thousands of dollars in 10 campaign money goes -- on both sides of the 11 aisle, in both houses -- but it's a tremendous 12 amount of money, hundreds of thousands of 13 dollars, that go towards this. And, you know, 14 this is, well, the fourth day before the end 15 of session. And the newspapers have been 16 rallying that we need to do some campaign 17 finance reform. And perhaps if we had that 18 kind of campaign finance reform similar to, 19 for instance, what New York City has, which is 20 one of the premier campaign finance systems in 21 the nation, we might not be coming up against 22 these sort of special-interest bills like the 23 one that's before us today. 24 So I'm going to vote no on this 25 bill. I'm going to vote no on it because it

Candyco Transcription Service, Inc.

(518) 371-8910 1 was actually difficult to figure out who it 2 was that gives money to various candidates in 3 both houses, because we don't have appropriate 4 disclosure. And we don't have appropriate 5 limits on contributions, and we don't have 6 appropriate spending limits. And if we did 7 enact that kind of campaign finance reform, we 8 would be in a much better position here in the 9 Senate to vote based on the people's interests 10 and not only the special interests. 11 Thank you, Mr. President. I'll be 12 voting no. 13 ACTING PRESIDENT MEIER: Any 14 other Senator wish to be heard on the bill? 15 Senator Larkin. 16 SENATOR LARKIN: Mr. President, 17 you know, we have dilly-dallied on this bill 18 for about 25 minutes. This is a bill that's 19 going to bring money into New York State. 20 I heard my good friend and 21 colleague Senator Connor talk about there's no 22 additive on it. The additive on here is to 23 bring tourists. You remember a few years ago, 24 some of you weren't in the chamber then, but 25 we used to take all our horses for breeding

Candyco Transcription Service, Inc.

(518) 371-8910 1 out to Kentucky. And people started 2 screaming, and we said we're going to do it in 3 New York. We'll do it in New York, breeding 4 farms are up -- raising money, raising jobs, 5 and doing something for the state. 6 For us to do this for three days -- 7 and I hear my colleagues say, Well, how much 8 is it? Well, I don't really know either. And 9 I'm not so sure that they do. But every four 10 years, the Breeder's Cup comes around to us. 11 And it's something that we can attribute to 12 the success of the racing industry. 13 Senator Connor correctly said 14 there's problems with NYRA. There's a lot of 15 problems with NYRA. And I hope that when we 16 come back in January, when we put the 17 commission together, we'll address those. 18 But right now the issue is do we 19 provide the money for marketing, like every 20 other track does. I say yes. 21 ACTING PRESIDENT MEIER: Any 22 other Senator wish to be heard on the bill? 23 Senator Sabini. 24 SENATOR SABINI: Mr. President, 25 would the sponsor yield for one more question?

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Larkin, do you yield for a question? 3 SENATOR LARKIN: One more. 4 ACTING PRESIDENT MEIER: The 5 sponsor yields. 6 SENATOR SABINI: If this bill 7 doesn't become law, is the Breeder's Cup going 8 to happen anyway? 9 SENATOR LARKIN: Will it happen? 10 Yes. It's too late now to cancel it. 11 SENATOR SABINI: Thank you. 12 ACTING PRESIDENT MEIER: Any 13 other Senator wish to be heard on the bill? 14 Then the debate is closed. 15 Senator Liz Krueger. 16 SENATOR LIZ KRUEGER: Thank you. 17 Very briefly on the bill. I've listened to 18 all the complex arguments, and I think I can 19 narrow it down to one sentence. 20 There are questions always for us 21 when we move forward with gambling in this 22 state and the costs to ourselves. If we don't 23 collect taxes on gambling, really, what is the 24 point? I vote no. 25 ACTING PRESIDENT MEIER: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 Secretary will sound the bell. 2 Members are asked to come to the 3 chamber for a vote. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MEIER: The 11 Secretary will announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1557 are 14 Senators Andrews, Breslin, Connor, Diaz, 15 Dilan, Duane, Gonzalez, Hassell-Thompson, 16 Klein, L. Krueger, C. Kruger, Marcellino, 17 Montgomery, Oppenheimer, Parker, Paterson, 18 Sabini, Sampson, Savino, Schneiderman, 19 Serrano, A. Smith, Stavisky and Valesky. Also 20 Senator Brown. 21 Those Senators absent from voting 22 on Calendar Number 1557 are Senators Bonacic 23 and Volker. 24 Ayes, 34. Nays, 25. 25 ACTING PRESIDENT MEIER: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1575, by Senator Padavan, Senate Print 2431, 4 an act to amend the Tax Law. 5 SENATOR LIZ KRUEGER: 6 Explanation. 7 ACTING PRESIDENT MEIER: Senator 8 Padavan, an explanation has been requested. 9 Could we have some order in the 10 chamber, please. You too, Senator Farley. 11 (Laughter.) 12 ACTING PRESIDENT MEIER: Senator 13 Padavan, an explanation has been requested of 14 Calendar 1575. 15 SENATOR PADAVAN: Thank you, Mr. 16 President. 17 This bill would provide or allow 18 for a tax credit for the rehabilitation of 19 certified historic structures equal to the 20 amount of tax credit currently provided by the 21 federal government under Section 47 of the 22 federal tax code. 23 ACTING PRESIDENT MEIER: Senator 24 Krueger. 25 SENATOR LIZ KRUEGER: Thank you,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President. If the sponsor could please 2 yield. 3 ACTING PRESIDENT MEIER: Senator 4 Padavan, do you yield for a question? 5 SENATOR PADAVAN: Yes. 6 ACTING PRESIDENT MEIER: The 7 sponsor yields. 8 SENATOR LIZ KRUEGER: Thank you. 9 In the memo to this bill it talks 10 about this having -- specifically having an 11 advantage for historic preservation 12 involving -- 13 SENATOR PADAVAN: I'm sorry, I 14 can't hear you. You're looking down. 15 SENATOR LIZ KRUEGER: I'm so 16 sorry, Senator. Excuse me. 17 In the memo it discusses this tax 18 credit being particularly valuable for 19 historic preservation involving low-income 20 housing. Could you explain whether this is 21 unique to low-income housing, or there's just 22 an assumption that some -- 23 SENATOR PADAVAN: Well, first, 24 there are two categories that would qualify, 25 both of them have to be on the National

Candyco Transcription Service, Inc.

(518) 371-8910 1 Register. One would be a historic building, 2 the other would be a historic district. 3 Now, there are historic districts 4 for a variety of reasons, which are in 5 low-income communities. And those districts, 6 housing in them would qualify for this tax 7 credit. 8 SENATOR LIZ KRUEGER: Thank you. 9 Mr. President, on the bill. 10 ACTING PRESIDENT MEIER: Senator 11 Krueger, on the bill. 12 SENATOR LIZ KRUEGER: Thank you. 13 I appreciated the sponsor's explanation. 14 I tend to be hesitant to expand tax 15 credits in general. But I do see that the 16 potential win here is both to continue to 17 support historic preservation, both in 18 districts and in buildings, and hope that 19 there will be some impact for protecting 20 housing for low-income New Yorkers, although I 21 hope that we will -- 22 ACTING PRESIDENT MEIER: Just a 23 second, Senator Krueger. 24 Could we have some order in the 25 chamber, please, so we can get through this

Candyco Transcription Service, Inc.

(518) 371-8910 1 calendar. 2 Senator Krueger. 3 SENATOR LIZ KRUEGER: Thank you. 4 To continue, I do hope, as I said, 5 while I am always a little nervous about 6 expanding any kind of tax credits, that this 7 is an example where we will evaluate over time 8 to ensure that these tax credits are actually 9 being used effectively and don't grow at an 10 exponential rate without our continuing to 11 monitor this and seeing whether it was in the 12 best interests of the people. 13 But I'm happy to support it now. 14 Thank you, Mr. President. 15 ACTING PRESIDENT MEIER: Senator 16 Sabini. 17 SENATOR SABINI: Mr. President, 18 I'll be voting aye on this, and I want to 19 commend the sponsor. 20 We worked on similar legislation in 21 the City Council when I was chairman of the 22 landmarks committee. And people don't realize 23 that the added costs of keeping a building in 24 the historic district to the owner often makes 25 what should be a prime acquisition in your

Candyco Transcription Service, Inc.

(518) 371-8910 1 real estate portfolio one not so prime because 2 of the added cost of things like windows and 3 insulation and special shingles and all the 4 other things you need to keep a property in a 5 historic district or a landmark, keep that 6 designation. 7 So I congratulate Senator Padavan 8 on this bill. And I hope it becomes law, 9 because there are lots of historic districts 10 within the City of New York where the owners 11 could use this help. 12 Thank you. 13 ACTING PRESIDENT MEIER: Senator 14 Montgomery. 15 SENATOR MONTGOMERY: Yes, Mr. 16 President. I too want to rise to congratulate 17 my colleague for this legislation. 18 I also have a number of areas in my 19 district that are historically landmarked. 20 And the buildings they're in are privately 21 owned, they're homeowners, home for many 22 people. And this would be very helpful for 23 them in an attempt to upgrade their properties 24 and maintain the historical character of those 25 properties.

Candyco Transcription Service, Inc.

(518) 371-8910 1 So thank you. This is going to 2 benefit my constituents an awful lot. I vote 3 yes. 4 ACTING PRESIDENT MEIER: Senator 5 Connor. 6 SENATOR CONNOR: Yes, thank you, 7 Mr. President. I too want to congratulate and 8 thank Senator Padavan for bringing this bill 9 forward. 10 I represent a number of historic 11 landmark districts. Indeed, I represent and 12 live in the first historic landmark 13 neighborhood in New York City. When Robert 14 Moses proposed to run a highway through the 15 middle of Brooklyn Heights, the community 16 organized -- in fact, you can read about this 17 in the Caro book, The Power Broker. 18 And the community organized, and 19 through the Brooklyn Heights Association, 20 which is still going strong and is the oldest 21 continuous civic association in New York City, 22 a group of people came together, including a 23 lawyer, then young lawyer, Otis Pratt 24 Pearsall, who drafted the city landmarks law 25 and passed it. And then Brooklyn Heights was

Candyco Transcription Service, Inc.

(518) 371-8910 1 the first designated historic landmark 2 district in the city and indeed in the state. 3 And so there are others in my district now, 4 subsequently. 5 And as has already been stated, 6 it's very -- the building I live in, when they 7 put in new windows, finally -- and had 8 casement Anderson windows in the back, I 9 should say. For the front, they had to have 10 custom-built wood-framed windows, which cost a 11 whole lot more. So owners of property do, 12 when they have to replace or renovate 13 something -- indeed, as once upon a time, when 14 I had a district office in Brooklyn Heights, 15 the Senate found out, when they couldn't just 16 put up any old awning over the window but 17 actually had to get one that had been approved 18 by the landmarks commission. 19 So, Mr. President, my thanks to 20 Senator Padavan for bringing this bill 21 forward. 22 ACTING PRESIDENT MEIER: Any 23 other Senator wish to be heard on the bill? 24 Debate is closed, then. 25 The Secretary will sound the bell.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: In relation to 8 Calendar Number 1575: Ayes, 59. 9 Those Senators absent from voting: 10 Senators Bonacic and Volker. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1587, by Senator Alesi, Senate Print 4995, an 15 act to amend the Tax Law. 16 SENATOR LIZ KRUEGER: 17 Explanation. 18 ACTING PRESIDENT MEIER: Senator 19 Alesi, Senator Liz Krueger has requested an 20 explanation. 21 SENATOR ALESI: Thank you, Mr. 22 President. 23 This bill simply takes the New York 24 State estate tax credit and raises the amount 25 from $1 million to $1.5 million so that it

Candyco Transcription Service, Inc.

(518) 371-8910 1 coincides with existing federal law. 2 ACTING PRESIDENT MEIER: Senator 3 Krueger. 4 SENATOR LIZ KRUEGER: Thank you, 5 Mr. President. Will the sponsor please yield. 6 ACTING PRESIDENT MEIER: Senator 7 Alesi, do you yield for a question? 8 SENATOR ALESI: Yes, Mr. 9 President. 10 ACTING PRESIDENT MEIER: The 11 sponsor yields. 12 SENATOR LIZ KRUEGER: Thank you. 13 I didn't see in the memo or in the 14 bill how much this would cost the State of 15 New York, how much would this change in our 16 tax policy cost us in lost revenue. 17 SENATOR ALESI: I saw in the 18 memo -- through you, Mr. President -- that it 19 was approximately $60 million as a raw cost to 20 the state. 21 SENATOR LIZ KRUEGER: I'm sorry, 22 $6 million, is that what I heard? I'm sorry. 23 SENATOR ALESI: Sixty. Six-oh. 24 $60 million. 25 SENATOR LIZ KRUEGER: Sixty

Candyco Transcription Service, Inc.

(518) 371-8910 1 million dollars. Thank you. 2 Mr. President, if the sponsor would 3 continue to yield. 4 ACTING PRESIDENT MEIER: Senator 5 Alesi, do you yield? 6 SENATOR ALESI: I'll be happy to, 7 Mr. President. 8 ACTING PRESIDENT MEIER: The 9 Senator yields. 10 SENATOR LIZ KRUEGER: Thank you. 11 Is it your understanding that that 12 cost would grow over time, particularly in 13 relationship to the some of the changes in the 14 federal estate tax policies? 15 SENATOR ALESI: Mr. President, 16 through you, this bill extends to estates 17 where the decedent has passed after 18 January 1st of 2005 and thereafter. 19 It makes no representations to 20 anything beyond that, nor does it in a dollar 21 amount to anything beyond that as it would 22 relate to the federal amount. 23 SENATOR LIZ KRUEGER: Thank you. 24 Mr. President, on the bill. 25 ACTING PRESIDENT MEIER: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Krueger, on the bill. 2 SENATOR LIZ KRUEGER: Thank you. 3 It's a dangerous step for New York 4 to continue down the road of the federal 5 government in losing estate tax revenue. The 6 federal government, through laws that were 7 effected in 2001 but have rolled into effect 8 over the years, has actually resulted in 9 enormous losses of revenue to the federal 10 government. And in fact, that loss in revenue 11 translates into lower federal revenue coming 12 to the State of New York. 13 The State of New York, because of 14 its coupling, in some cases, with estate taxes 15 or capital-gains death taxes in particular, 16 already loses over $700 million in revenue 17 from taxes not collected on a very tiny 18 percentage of New York estates, the taxes 19 of -- excuse me, the estates of people who are 20 the top 2 percent wealthiest New Yorkers. 21 And I would argue that this house 22 should not move forward with this legislation 23 because it will result in lost money to the 24 State of New York, $60 million in the initial 25 analysis that we won't receive, won't have

Candyco Transcription Service, Inc.

(518) 371-8910 1 available for education and healthcare and 2 other priorities for the state. And that it 3 potentially has the domino impact, from 4 looking at research in other states, of 5 growing to a much larger amount of money in 6 the future. 7 New York State was one of the 8 states that wasn't coupled on estate taxes 9 with the federal government. That means we 10 didn't lose as much money as some of our 11 neighboring states when the federal government 12 changed the formula for collecting estate 13 taxes. But with this step we would go down 14 the road of doing exactly that, of attempting 15 to match our rules with the federal 16 government's, in my opinion, bad public policy 17 of lowering the taxes on the wealthiest 18 Americans and the wealthiest New Yorkers and 19 their estates. 20 For the record, the estate tax 21 itself only affects, on a national level, the 22 top 2 percent of households. And that the 23 amount of money that they are already saving, 24 thanks to the changes in the federal laws, are 25 in fact already substantial.

Candyco Transcription Service, Inc.

(518) 371-8910 1 For example, for estates worth up 2 to $2.5 million, the combined federal and 3 state estate taxes owed by the state of 4 between $1 million and $2.5 million -- I 5 couldn't find a $1.5 million analysis -- 6 already dropped from $805,000 federal/state 7 combined to $533,000 federal/state combined, 8 because of the federal changes in law. So 9 these people have already saved approximately 10 $272,000 on the estates. 11 If in fact New York State increased 12 its exemption up to $1.5 million, we would be 13 increasing the tax savings to a population of 14 New Yorkers who truly are the least in need of 15 tax exemptions. 16 There are national studies that 17 have been done, and state-by-state studies, 18 making the argument against lowering the tax 19 revenue from estate taxes. There has been 20 refutation of the arguments that small 21 businesses have to be sold because of estate 22 taxes. There have been refutations of the 23 argument that family farms have to be sold 24 because of estate taxes. There have been 25 reports documenting that people don't choose

Candyco Transcription Service, Inc.

(518) 371-8910 1 where to move or retire based on the marginal 2 impact of their state's version of estate 3 taxes. 4 New York State so far has been 5 smart in not being coupled with the federal 6 government on their changes in estate taxes. 7 And I would argue that we should continue to 8 be smart and not to go down the road of 9 lowering the tax bills on estates of our 10 wealthiest constituents. They aren't the ones 11 who need the tax break. And unfortunately, 12 giving them these kinds of tax breaks results 13 in the State of New York having less money 14 available to fund the kinds of programs that 15 the less-well-to-do New Yorkers desperately 16 need. 17 So to close, this is not the 18 population who needs a tax cut. The State of 19 New York can't afford to give up the tax 20 revenue. It will not impact the economy of 21 the State of New York not to move forward with 22 this. And I think, as a statement about good 23 public policy, this is exactly the type of tax 24 cut we should not allow. 25 So I'll be voting no and hope my

Candyco Transcription Service, Inc.

(518) 371-8910 1 colleagues vote no. 2 Thank you, Mr. President. 3 SENATOR CONNOR: Mr. President. 4 ACTING PRESIDENT MEIER: Senator 5 Connor, why do you rise? 6 SENATOR CONNOR: I would ask if 7 the sponsor would yield. 8 ACTING PRESIDENT MEIER: Well, I 9 had a list going here, Senator Connor. 10 Senator Winner asked for recognition, and 11 then, if you don't mind, we'll do that and 12 then we'll recognize you. 13 Senator Winner. 14 SENATOR WINNER: Thank you, Mr. 15 President. 16 I am frankly astonished by the 17 argument I just heard with regard to the 18 estate tax. I've been around here a lot of 19 years, and one of the proudest moments we had 20 was when we lowered the estate tax in this 21 state to prevent Senator Krueger's 22 constituents from moving to Florida and 23 changing their residence. The people in her 24 district are the people that are paying these 25 estate taxes and the ones that are moving to

Candyco Transcription Service, Inc.

(518) 371-8910 1 Florida to escape the oppressive tax climate 2 in New York State. 3 Remember, those seniors that don't 4 move to Florida stay in New York and pay taxes 5 on the money they earn from dividends and 6 capital gains and the like, and not one dollar 7 of those revenues that are being retained by 8 those seniors are reflected in the statistics 9 that you just reiterated. 10 You're talking about pure numbers 11 about how much money we purportedly are losing 12 by people not paying higher taxes, when you 13 forget to attribute the fact that for years 14 and years and years the number-one complaint I 15 heard about senior citizens in New York State 16 is they want to get out of New York so that 17 their estates and their heirs will have the 18 money left to them rather than New York State 19 estate taxes. 20 Now to get up here and argue 21 against this, to me, is absolutely 22 preposterous. We should have never been 23 anything other than joined at the hip with 24 regard to the federal government on estate tax 25 policy, so that this state doesn't have an

Candyco Transcription Service, Inc.

(518) 371-8910 1 exodus of seniors of modest wealth going to 2 Florida or other places. We can't do anything 3 about the climate, the warm weather in 4 Florida, but we certainly can do something 5 about our tax climate to keep our seniors here 6 in New York State, living in our communities, 7 paying their taxes as they earn them year 8 after year, instead of going to other states 9 that have a more favorable tax climate. 10 So I commend the sponsor on this 11 particular measure. And I'm sorry that we 12 don't do more to couple ourselves with estate 13 tax exemptions. Because if you don't believe 14 that people vote with their feet by leaving 15 the state when the taxes are oppressive, you 16 haven't done a whole lot of tax counseling. 17 But I certainly have, and I've seen the 18 seniors from my area and others leave this 19 state, go to Florida, establish residency -- 20 or establish residency in any state that is 21 more favorable -- and that's money that we are 22 definitely losing. 23 So rather than talking about a 24 $60 million problem, we should talk about the 25 millions and millions of dollars that we're

Candyco Transcription Service, Inc.

(518) 371-8910 1 receiving by having those seniors stay in 2 New York, get those capital gains, get those 3 dividends and get that other revenue that they 4 would be receiving and paying New York State 5 taxes on and which we are not getting if they 6 leave. 7 I vote in favor. 8 ACTING PRESIDENT MEIER: Senator 9 Connor. 10 SENATOR CONNOR: Thank you, Mr. 11 President. Would the sponsor yield for a 12 question. 13 ACTING PRESIDENT MEIER: Senator 14 Alesi, do you yield for a question? 15 SENATOR ALESI: I'd be happy to 16 yield, especially in the wake of Senator 17 Winner's comments, which so eloquently spoke 18 to the issue that I was about to. Thank you, 19 Senator Winner. 20 I'd be happy to yield to Senator 21 Connor. 22 SENATOR CONNOR: Thank you. 23 I have a simple question. I don't 24 have any notes in front of me, I don't have 25 any studies or statistics, I don't have

Candyco Transcription Service, Inc.

(518) 371-8910 1 anything to read. But I just have a simple 2 question. Does the sponsor know or have a 3 list of or know of any estates in probate that 4 would be relieved from tax burdens by this 5 law? 6 Because I note it's any decedent 7 who dies after January 1, 2005. And I'd like 8 to know -- we can't predict who's going to die 9 tomorrow, or, if this becomes law, the day 10 after it becomes law. I'd like to know what 11 estates are we forgiving from taxes. Is there 12 a list? Do you know of any? 13 Thank you, Mr. President. 14 SENATOR ALESI: Through you, Mr. 15 President, let me try to answer that as simply 16 as I can. 17 I don't prepare estate taxes, and I 18 don't have any knowledge of anybody's estate 19 preparation. I don't have any knowledge of 20 who's died recently or their circumstances. 21 This bill simply addresses a disparity between 22 the New York State estate tax credit and the 23 federal state tax credit. 24 SENATOR CONNOR: Thank you, Mr. 25 President. On the bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Connor, on the bill. 3 SENATOR CONNOR: My father had a 4 saying, when I'd come home as a boy and I'd 5 say, Oh, gee, Mr. So-and-so died, he'd say, 6 "People are dying nowadays that never died 7 before." 8 Well, this bill provides tax relief 9 to people who have already died and are never 10 going to die again. It provides tax relief to 11 their estates. 12 In general, Mr. President, I agree 13 with most of the comments that Senator Winner 14 made. It was foolish for New York to not 15 track federal estate tax policy, because 16 people did walk. It's so easy to change 17 domicile. I've done it for clients for 18 different reasons in election matters. You 19 could change your domicile quite legitimately. 20 And people change domicile and go move to 21 Florida, move to other locations. As long as 22 you really move, you change your legal 23 domicile. There's no doubt about it. 24 The fact is, though -- and people 25 were leaving. So New York didn't really get a

Candyco Transcription Service, Inc.

(518) 371-8910 1 benefit. 2 The other fact is that a million 3 and a half dollars, Mr. President, may sound 4 like a huge estate. But remember, Senator 5 Krueger said these people don't need tax 6 relief. Well, they're not getting it, Mr. 7 President, they're dead. They're not getting 8 any benefit from it. They're not getting a 9 nickel of out of it. They're dead. 10 It's their heirs, their children. 11 Now, $1.5 million divided among two or three 12 kids -- a windfall? Well, Mr. President, how 13 many times this week have we talked about the 14 cost of housing here in New York City or 15 Nassau County or Suffolk or Westchester? Not 16 enough money for a child to let them buy a 17 house. 18 Oh, young children. College? 19 College is a couple hundred thousand dollars. 20 Add on graduate school. It's not so much 21 money anymore to be passed along to heirs, 22 particularly if there's more than one heir. 23 So I don't think it's an inordinate 24 relief to the heirs to the estate. I think 25 it's appropriate.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I also think small business, if 2 you've got a small business -- I know, you 3 should have estate planning and you should do 4 all this. Come on, how many people do you 5 know have a small business? They don't live 6 like millionaires, they don't make millions of 7 dollars. They make a living, maybe a nice 8 living, on their small business. But if you 9 did an evaluation of it, oh, it's worth 10 $1.5 million, it's worth $2 million. 11 But they're not millionaires, and 12 they haven't been able to foist upon their 13 children -- "foist" is the wrong word, they 14 haven't been able to shower upon their 15 children great riches. They just own a small 16 business, a liquor store or whatever. They're 17 not showering their children with Mercedeses 18 and whatever. They're lucky if they can pay 19 for an education for them. And they make a 20 good living. 21 And they die. Maybe they'd like to 22 leave that business to their child so they can 23 make a good living at it. Oh, no, it's worth 24 $1.5 million, it's worth $2 million, you've 25 got to come up with a couple of hundred

Candyco Transcription Service, Inc.

(518) 371-8910 1 thousand dollars in estate taxes. And you 2 know what? You don't have the money. You 3 have the asset, but you don't have the cash. 4 Oh, sell the liquor store, the kid's got to 5 get a different job. 6 So I'm in favor of this estate tax 7 reform. But I'm voting against this bill, Mr. 8 President, because I don't like bills, I don't 9 like the fact that there's somebody -- and I 10 don't mean the sponsor. He answered, and I 11 take him at face value. Somebody out there 12 knows who gets the benefit right now. 13 Somebody out there. 14 There are people out there, they 15 know what estates have gone into probate since 16 January 1, 2005, until the day this becomes 17 law, and they know exactly what it's going to 18 save them. It's a couple of hundred thousand 19 dollar tax break for estates that have already 20 incurred the incidence of taxation the day of 21 being deceased. 22 And I don't think it's right. I 23 might feel more comfortable if somebody had a 24 printout -- gee, we had printouts on school 25 runs. We get printouts on all sorts of

Candyco Transcription Service, Inc.

(518) 371-8910 1 things. Can't we get, from the State Tax 2 Department, a printout of all those estates 3 that are liable for this estate tax that will 4 be forgiven? Because there is such a list, or 5 it could be generated. 6 And I don't like the fact that I'm 7 supposed to vote for a bill that I believe in, 8 in principle, but that's going to put money -- 9 in effect, refund the money -- not change tax 10 liability, but refund large sums of money to 11 estates, and I don't know who they are. And I 12 suspect none of my colleagues know who they 13 are. But I assure everyone, Mr. President, 14 somebody knows who they are, and they know who 15 they are. And they must be awaiting this law 16 with bated breath. 17 So it's unfortunate that a good 18 bill that I would speak in favor of, and I'm 19 in favor of, I'm voting no on because I don't 20 need notes and everything to tell me that 21 January 1, 2005, was a while back. 22 Thank you, Mr. President. 23 SENATOR ALESI: On the bill. 24 ACTING PRESIDENT MEIER: Senator 25 Alesi, on the bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR ALESI: There's several 2 things to say. 3 As I mentioned earlier, Senator 4 Winner touched on the salient points of why we 5 should be taking care of people that live in 6 this state. Not the least of which is to do 7 everything we can to keep families living here 8 and keep them from fleeing New York State to 9 avoid estate taxes. 10 But it's beyond me, listening to 11 the Senator implying that somebody is getting 12 some kind of special treatment through this 13 bill because they died sometime after 14 January 1st of 2005. Completely ignores the 15 fact that many people died after January 1st 16 of 2005 and, more importantly, many more 17 people will die after today and after session. 18 And at this pace, I'm sure someone will even 19 die of boredom. 20 (Laughter.) 21 SENATOR ALESI: But if a million 22 dollars or a million and a half dollars is 23 such an insignificant amount, even to the 24 2 percent of people that probably live in 25 Manhattan, then what's the big deal? I would

Candyco Transcription Service, Inc.

(518) 371-8910 1 just simply suggest that we all vote for it if 2 it's such an insignificant amount. 3 But it is not an insignificant 4 amount. There are people who will have to 5 sell their assets to pay their estate taxes, 6 because not every estate is that liquid, and 7 there's no other way to pay those taxes unless 8 you liquidate. And that is so unfair to 9 people that have worked hard all their lives. 10 And yes, people are leaving their 11 money to their heirs, but what's wrong with 12 that? What's wrong with leaving your money to 13 your spouse, your partner in building that 14 estate through all the years of sacrifice, 15 whether it's a farm or a small business, or 16 just saving because you worked for so much an 17 hour every week? I think it is absurd, as 18 Senator Winner said, if we don't do this. 19 But if you have no other reason, if 20 you can't embrace the argument I just gave, 21 from a technical standpoint doesn't it just 22 make sense to do what we've always done with 23 the tax law? We make it coincide with the 24 federal tax law, historically, in most cases. 25 It's true, a million dollars isn't

Candyco Transcription Service, Inc.

(518) 371-8910 1 what it used to be. I can't remember who said 2 that. But if it's an insignificant amount, 3 then it would seem to me that it would be 4 insignificant to support this bill. And I 5 urge my colleagues to do that. 6 ACTING PRESIDENT MEIER: Senator 7 Connor. 8 SENATOR CONNOR: Thank you, Mr. 9 President. 10 Just to be clear, I'm in favor of 11 this bill. I don't like the effective date, 12 because it is retroactive, and that means 13 somebody out there, somebody out there knows 14 who's getting the break retrospectively, I 15 guess is the word tax authorities use. 16 I would like this bill and I would 17 support it were it prospective from a 18 certain -- and I understand, Mr. President, 19 people can't pick the day they die. Well, 20 maybe they can, in some places in this 21 country. But people, in my opinion, shouldn't 22 ought to pick the day they die. And I don't 23 see the difference, then, why not last -- Mr. 24 President, why not change the effective date 25 to last December 24th and take pity on that

Candyco Transcription Service, Inc.

(518) 371-8910 1 estate, the guy died on Christmas. You know, 2 I don't understand this. 3 Make it July 1, 2005, and I'm for 4 it. And I'll speak for it, and I'll vote for 5 it. As it is now, I'm voting no. 6 ACTING PRESIDENT MEIER: Any 7 other member wish to be heard? 8 Debate is closed, then. 9 The Secretary will sound the bell. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MEIER: Announce 17 the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1587 are 20 Senators Andrews, Connor, Duane, L. Krueger, 21 Sabini, Sampson, Schneiderman, Serrano and 22 Stavisky. 23 Absent from voting: Senator 24 Bonacic. 25 Ayes, 51. Nays, 9.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Mr. 5 President, on Supplemental Calendar A, will 6 you please call up Calendar Number 1633, which 7 was previously laid aside. 8 ACTING PRESIDENT MEIER: The 9 Secretary will read Calendar 1633, from the 10 supplemental calendar. 11 THE SECRETARY: Calendar Number 12 1633, by Senator Bruno, Senate Print 5729, an 13 act to establish the Tech Valley High School. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 9. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Mr.

Candyco Transcription Service, Inc.

(518) 371-8910 1 President, is there any housekeeping at the 2 desk? 3 ACTING PRESIDENT MEIER: We have 4 some motions, Senator. Should we take those 5 now? 6 SENATOR FUSCHILLO: Please take 7 up the motions. 8 ACTING PRESIDENT MEIER: Motions 9 and resolutions. 10 Senator Nozzolio. 11 SENATOR NOZZOLIO: Mr. President, 12 on page 13 I offer the following amendments, 13 on behalf of Senator Fuschillo, to Calendar 14 Number 408, Print Number 3488. 15 ACTING PRESIDENT MEIER: The 16 amendments are received and adopted. 17 SENATOR NOZZOLIO: Mr. President, 18 on page -- 19 ACTING PRESIDENT MEIER: Hold on 20 a second, Senator. 21 We've got to have some order in the 22 chamber so the stenographer can record the 23 motions, please. 24 Senator Nozzolio. 25 SENATOR NOZZOLIO: Thank you, Mr.

Candyco Transcription Service, Inc.

(518) 371-8910 1 President. 2 On behalf of Senator Spano, on page 3 25, I offer the following amendments to 4 Calendar Number 774, Print Number Senate 3906. 5 ACTING PRESIDENT MEIER: The 6 amendments are received and adopted. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Mr. 9 President, is there any further business at 10 the desk? 11 ACTING PRESIDENT MEIER: There is 12 no further business, Senator. 13 SENATOR FUSCHILLO: There being 14 no further business to come before the Senate, 15 I move we adjourn until Tuesday, June 21 -- is 16 there any further business at the desk? 17 ACTING PRESIDENT MEIER: We have 18 one more motion that just arrived at the desk, 19 Senator. 20 SENATOR FUSCHILLO: Please take 21 up the motion. 22 ACTING PRESIDENT MEIER: Senator 23 Nozzolio. 24 SENATOR NOZZOLIO: Mr. President, 25 on behalf of Senator Balboni, I wish to call

Candyco Transcription Service, Inc.

(518) 371-8910 1 up Print Number 2969A, recalled from the 2 Assembly, which is now at the desk. 3 ACTING PRESIDENT MEIER: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1278, by Senator Balboni, Senate Print 2969A, 7 an act to amend the General Municipal Law. 8 SENATOR NOZZOLIO: Mr. President, 9 I now move to reconsider the vote by which 10 this bill was passed. 11 ACTING PRESIDENT MEIER: Call the 12 roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT MEIER: Senator 16 Nozzolio. 17 SENATOR NOZZOLIO: Mr. President, 18 I now offer the following amendments. 19 ACTING PRESIDENT MEIER: The 20 amendments are received and adopted. 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Mr. 23 President, is there any other business at the 24 desk? 25 ACTING PRESIDENT MEIER: That's

Candyco Transcription Service, Inc.

(518) 371-8910 1 it, Senator. 2 SENATOR FUSCHILLO: There being 3 no further business to come before the Senate, 4 I move we adjourn until Tuesday, June 21st, at 5 11:00 a.m. 6 ACTING PRESIDENT MEIER: On 7 motion, the Senate stands adjourned until 8 Tuesday, June 21st, at 11:00 a.m. 9 (Whereupon, at 7:06 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910