Thursday, June 23, 2005

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

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

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 The Secretary will read reports of 5 standing committees. 6 THE SECRETARY: Senator 7 DeFrancisco, from the Committee on Judiciary, 8 reports the following nominations. 9 As a justice of the Supreme Court 10 of the Ninth Judicial District, Richard B. 11 Liebowitz, of Yonkers. 12 THE PRESIDENT: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: I'm proud 15 to rise to move the nomination of Richard B. 16 Liebowitz as justice of the Supreme Court for 17 the Ninth Judicial District. 18 For Mr. Liebowitz, soon to be Judge 19 Liebowitz, and all of the other candidates, I 20 should say generally that the committee 21 thoroughly reviewed their qualifications 22 before the hearing this morning, found all to 23 be qualified that are being nominated today, 24 and also they appeared before the committee 25 and were unanimously recommended to the full

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(518) 371-8910 1 Senate for confirmation. 2 Within that in mind, I would 3 request that you please recognize Senator 4 Spano to second the nomination. 5 THE PRESIDENT: Senator Spano. 6 SENATOR SPANO: Thank you, Madam 7 President and Mr. Chair. 8 And it's a distinct honor to stand 9 on the floor of the Senate today to second the 10 nomination of Richard Liebowitz to the Supreme 11 Court. 12 I've known Judge Liebowitz for over 13 twenty years, and have seen someone who 14 started his career in 1992 as a City Court 15 judge in the City of Yonkers has emerged as a 16 caring and sensitive person, tackling the 17 issues of domestic violence, as the judge 18 currently presides as an acting Family Court 19 judge in the integrated domestic violence 20 court. That's a very serious court in an 21 urban center of our state, and Judge Liebowitz 22 has shown the type of caring person that he 23 is, and sensitivity that he has, that would 24 certainly do us well as a member of the 25 Supreme Court.

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(518) 371-8910 1 It would be my pleasure to refer to 2 Judge Liebowitz as a Supreme Court judge. I 3 thank the Governor for this appointment today 4 and am pleased to second his nomination. 5 THE PRESIDENT: The question, 6 then, is on the nomination of Richard B. 7 Liebowitz, of Yonkers, as a justice of the 8 Supreme Court of the Ninth Judicial District. 9 All in favor please signify by 10 saying aye. 11 (Response of "Aye.") 12 THE PRESIDENT: Opposed, nay. 13 (No response.) 14 THE PRESIDENT: The nominee is 15 confirmed. 16 He is here this morning with his 17 wife, Rosalie; his daughters, Mary Ann 18 Liebowitz and Nancy Korn; his grandson, Alex; 19 and his sister-in-law, Marian Barbiare. 20 Congratulations, Judge, and best 21 wishes to you and your family. 22 (Applause.) 23 THE PRESIDENT: The Secretary 24 will continue to read. 25 THE SECRETARY: As a judge of the

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(518) 371-8910 1 Court of Claims, Frank A. Gulotta, Jr., of 2 Woodbury. 3 THE PRESIDENT: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: I move the 6 nomination of Frank A. Gulotta, Jr., for a 7 Court of Claims position. 8 And I would request that you would 9 please recognize Senator Marcellino for the 10 second. 11 THE PRESIDENT: Senator 12 Marcellino. 13 SENATOR MARCELLINO: Thank you, 14 Madam President. It's a pleasure to rise and 15 second the nomination of a good friend, a 16 long-time friend, Frank Gulotta, to go to the 17 Court of Claims. 18 Frank is a good person, comes from 19 a well-known family on Long Island, a long 20 history of judicial and political achievement, 21 firsts in many fields. But Frank has a 22 special talent. He has a quiet nature. He 23 has the right temperament to deal with the 24 issues that come before the Court of Claims. 25 Doesn't let little things get under his skin.

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(518) 371-8910 1 He has the proper judicial temperament, as 2 they say. 3 Not being a lawyer, I don't have to 4 appear before him, so I owe him nothing, he 5 owes me nothing on this one. But it is a 6 pleasure, it is a pleasure to nominate someone 7 who has the qualifications Frank has and who 8 will serve with distinction. And I 9 congratulate the Governor on his appointment. 10 Frank, God bless you, continue to 11 serve us well in the courts. I know you will. 12 We wish you well. 13 THE PRESIDENT: Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 I too rise to second the nomination of Judge 16 Frank Gulotta to serve on the Court of Claims. 17 You know, Senator Marcellino 18 touched upon it, but Frank comes from a family 19 of distinguished public service. His dad 20 is -- was a trailblazer in Nassau County, 21 served in various capacities, but specifically 22 as the first Italian-American elected as 23 district attorney in Nassau County. He went 24 on to serve on the Supreme Court and the 25 Appellate Division.

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(518) 371-8910 1 And Frank has followed that 2 tradition: private practice, where he 3 understands the needs of attorneys, but also 4 as a county court judge, where he will have 5 the criminal acumen in trying cases as he 6 serves in the criminal part of the Court of 7 Claims. 8 I'm also delighted that his brother 9 Tom Gulotta is here to witness this, former 10 county executive of Nassau County, a family of 11 distinguished public servants. And I'm just 12 pleased to second the nomination of Frank 13 Gulotta. 14 THE PRESIDENT: Senator 15 Fuschillo. 16 SENATOR FUSCHILLO: Thank you, 17 Madam President. I'd just like to say ditto 18 and ditto to the comments from Senator 19 Marcellino and Senator Skelos. 20 As Senator Skelos said, there's a 21 long history of public service in the Gulotta 22 family. His father, as he said, was the first 23 Italo-American district attorney in Nassau 24 County and broke many barriers for many 25 generations, especially his sons.

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(518) 371-8910 1 And his other son, Tom Gulotta, is 2 there, who served in this legislative body in 3 the other house and in town and county 4 politics for many years. And, like his 5 brother, Frank has dedicated his life to 6 public service. 7 Frank has done an outstanding job 8 on the bench, and I know he'll do justice in 9 serving the residents of this state as a 10 justice of the Court of Claims. 11 Frank, congratulations, and I wish 12 you the best. 13 THE PRESIDENT: The question now 14 is on the nomination of Frank Gulotta, Jr., of 15 Woodbury, as a judge of the Court of Claims. 16 All in favor please signify by 17 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 Judge Gulotta is accompanied 24 today by his brother, Tom Gulotta. 25 Congratulations, Judge, and best

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(518) 371-8910 1 wishes to you and your family for a great 2 celebration. 3 (Applause.) 4 THE PRESIDENT: The Secretary 5 will continue to read. 6 THE SECRETARY: As a judge of the 7 Court of Claims, Antonio I. Brandveen, of East 8 Northport. 9 THE PRESIDENT: Senator 10 DeFrancisco. 11 SENATOR DeFRANCISCO: I move the 12 nomination of Antonio Brandveen for a 13 reappointment to the Court of Claims. 14 And since this apparently is Nassau 15 County Day, and judges who reside in Senator 16 Marcellino's district, I request that you 17 acknowledge or recognize Senator Marcellino to 18 second the nomination. 19 THE PRESIDENT: Senator 20 Marcellino. 21 SENATOR MARCELLINO: I rise with 22 pleasure to second this nomination, but to 23 correct my esteemed colleague from Syracuse. 24 The judge that appears before us at this point 25 lives in East Northport, which is in the

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(518) 371-8910 1 Suffolk County portion of my district. I'm 2 equally proud to represent that area of the 3 district. It is one that I count on on 4 Election Day for a fairly wide margin. 5 Judge Brandveen, as you say, is a 6 reappointment, but his history shows you the 7 kind of individual he is. He served a term in 8 the Family Court. This is probably one of the 9 most difficult courts any lawyer will talk 10 about. They always tell you it's very 11 difficult to get good lawyers, good judges to 12 go, because it's a hard court, you're dealing 13 with families in distress, and the problems 14 are serious and usually very tragic. 15 But Judge Brandveen has served well 16 there, and he's served with distinction in the 17 Court of Claims, and he's up for 18 reappointment. I congratulate the Governor on 19 a great appointment. This man obviously has 20 the credentials, and I'm proud to second this 21 nomination. 22 THE PRESIDENT: Senator Ada 23 Smith. 24 SENATOR ADA SMITH: Thank you, 25 Madam Chair. It is indeed an honor to commend

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(518) 371-8910 1 the Governor for this renomination of a good 2 friend, Tony Brandveen, who has excelled as a 3 jurist and who has proven himself in many 4 arenas. 5 We miss him in the City of 6 New York. Nassau County has taken him away 7 from us. But he still comes back to work with 8 young people. And he has always been the 9 pride of many of us who are in the arena of 10 government, and he has really shown what 11 people can do when they serve the law the 12 proper way. 13 Tony has really been an example of 14 what a fine education and a concern for people 15 can do on the bench. And we're very proud of 16 him, and we commend the Governor for his 17 reappointment. 18 THE PRESIDENT: The question now 19 is on the nomination of Antonio I. Brandveen, 20 of East Northport, as a judge of the Court of 21 Claims. 22 All in favor please signify by 23 saying aye. 24 (Response of "Aye.") 25 THE PRESIDENT: Opposed, nay.

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(518) 371-8910 1 (No response.) 2 THE PRESIDENT: The nominee is 3 confirmed. 4 And he is accompanied today by 5 Charlene Plummer. 6 Congratulations, Judge, and best 7 wishes to you on the bench. 8 (Applause.) 9 THE PRESIDENT: The Secretary 10 will continue to read. 11 THE SECRETARY: As a judge of the 12 Court of Claims, Daniel Martin, of Huntington. 13 THE PRESIDENT: Senator 14 DeFrancisco. 15 SENATOR DeFRANCISCO: I move the 16 nomination of Daniel Martin for reappointment 17 to the Court of Claims. And since he lives 18 somewhere on Long Island -- 19 (Laughter.) 20 SENATOR DeFRANCISCO: -- I 21 request that you recognize Senator Marcellino 22 for the second. 23 THE PRESIDENT: Senator 24 Marcellino. 25 SENATOR MARCELLINO: Thank you,

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(518) 371-8910 1 Madam President. And thank you, Senator 2 DeFrancisco. 3 Dan Martin lives with his wife, 4 Ellen Crowley, in the town of Huntington. And 5 I've known Dan for a number of years. He was, 6 many years ago, the town leader of the town of 7 Huntington when I was first nominated to run 8 in a special election to succeed my 9 predecessor, Ralph Marino, who had resigned 10 from the Senate. Dan was very instrumental in 11 me getting the nomination and winning the 12 election and serving where I am today. 13 And it's my pleasure to stand up 14 and second his nomination for reappointment to 15 the Court of Claims. Danny has served with 16 distinction his county and this state, and I 17 commend the Governor on this appointment. 18 Danny is a fine man and the epitome of what 19 one might call the quiet man. I've never seen 20 him raise his voice, I've never seen him lose 21 his temper, but I know he has a fine mind and 22 a great judicial background. 23 And, Danny, congratulations. 24 THE PRESIDENT: The question is 25 on the nomination of Daniel Martin, of

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(518) 371-8910 1 Huntington, as a judge of the Court of Claims. 2 All in favor please signify by 3 saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The nominee is 8 hereby confirmed. 9 Congratulations, Judge Martin, and 10 good luck to you. 11 (Applause.) 12 THE PRESIDENT: The Secretary 13 will continue to read. 14 THE SECRETARY: As a judge of the 15 Court of Claims, Dominic R. Massaro, of Pelham 16 Manor. 17 THE PRESIDENT: Senator 18 DeFrancisco. 19 SENATOR DeFRANCISCO: I rise to 20 move the nomination of Dominic Massaro, a 21 reappointment to the Court of Claims, and 22 would request that you would recognize Senator 23 Maltese for the second. 24 THE PRESIDENT: Senator Maltese. 25 SENATOR MALTESE: Yes, Madam

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(518) 371-8910 1 President, I'm very proud to second the 2 nomination of Judge Dominic Massaro as an 3 extension of the Court of Claims. 4 Judge Massaro, through many, many 5 years of public service, has served ably and 6 well. He has some twenty -- in excess of 7 twenty years as a distinguished jurist, and 8 just about forty years of public service where 9 he has acquitted himself in the noblest 10 traditions. 11 In addition to publications and 12 lectures, he has appeared not only in New York 13 State but throughout the country, has received 14 the highest decorations and honors, not only 15 from our authorities but authorities in Italy 16 and elsewhere across this country. And he is 17 the recipient of many, many distinguished 18 honors through the Catholic Church, through 19 the many, many distinguished knighthood 20 orders. 21 He is a person that exemplifies 22 what a true jurist and true public service 23 means. I am proud to second the nomination of 24 Judge Dominic R. Massaro as a judge of the 25 Court of Claims.

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(518) 371-8910 1 THE PRESIDENT: Senator Klein. 2 SENATOR KLEIN: Madam President, 3 I too rise to support the nomination of Judge 4 Dominic Massaro. 5 I have the privilege of having 6 Dominic Massaro residing in my district in 7 Pelham Manor. As a matter of fact, at one 8 time he lived in the Bronx portion of the 9 district as well. 10 He's someone who I think always 11 remembered who he is and where he came from. 12 Always giving back to the community, involved 13 in a full array of philanthropic endeavors 14 over the years; the Bronx Chamber of Commerce, 15 many, many Italian-American organizations. 16 And I think he proves the quote that 17 philanthropy is almost the only virtue fully 18 appreciated by mankind. 19 Well, with that being said, the 20 number that appreciate Judge Massaro is 21 boundless. 22 Thank you, Judge. 23 THE PRESIDENT: The question now 24 is on the nomination of Dominic R. Massaro, of 25 Pelham Manor, as a judge of the Court of

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(518) 371-8910 1 Claims. 2 All in favor please signify by 3 saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The nominee is 8 hereby confirmed. 9 Congratulations, Judge, and best 10 wishes for continued success. 11 (Applause.) 12 THE PRESIDENT: The Secretary 13 will continue to read. 14 THE SECRETARY: As a judge of the 15 Court of Claims, Victor Myron Ort, of Oyster 16 Bay. 17 THE PRESIDENT: Senator 18 DeFrancisco. 19 SENATOR DeFRANCISCO: I move the 20 nomination of Victor Ort for reappointment for 21 the Court of Claims. 22 And again, I ask you to recognize 23 Senator Marcellino. 24 THE PRESIDENT: The Long Island 25 Senator, Marcellino.

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(518) 371-8910 1 SENATOR MARCELLINO: This is a 2 very pleasant day for me. Not only do I have 3 the chance to get the exercise of getting up 4 and down, but I also have the chance to second 5 the nomination of a good friend and long-time 6 friend, Vic Ort. 7 It wasn't till today, Vic, that I 8 finally found out what the "N" stood for. So 9 now we have the full name to put with the 10 face. 11 Vic was one of those people when 12 you first met him -- when I first met him, 13 many years ago, people said: This man will be 14 a judge and should be a judge one day. And 15 it's come true. 16 I know it's been his lifelong wish. 17 He has the credentials, he has the judicial 18 background and the temperament to serve. And 19 he wants to serve, and he has served with 20 distinction. 21 I am proud to nominate him, to give 22 the second to his nomination to succeed 23 himself on the Court of Claims. 24 Congratulations and good luck, Vic. 25 THE PRESIDENT: The question now

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(518) 371-8910 1 is on the nomination of Victor Myron Ort, of 2 Oyster Bay, as a judge of the Court of Claims. 3 All in favor please signify by 4 saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The nominee is 9 hereby confirmed. 10 Congratulations, Judge Ort. 11 And he is accompanied by his wife, 12 Judy, today. Best wishes. 13 (Applause.) 14 THE PRESIDENT: The Secretary 15 will continue to read. 16 THE SECRETARY: As a judge of the 17 Court of Claims, Catherine M. Bartlett, of 18 Goshen. 19 THE PRESIDENT: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: I move the 22 nomination of Catherine Bartlett to the Court 23 of Claims. 24 And I would request that you 25 recognize Senator Bonacic to second.

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(518) 371-8910 1 THE PRESIDENT: Senator Bonacic. 2 SENATOR BONACIC: Thank you, 3 Madam President. 4 First of all, I'd like to 5 congratulate Governor Pataki for submitting 6 the name of Catherine Bartlett as a nominee 7 for Court of Claims judge. 8 This is a young woman who has 9 accomplished so much in twenty years, from 10 being a private practitioner to being a town 11 justice, assistant county attorney, county 12 attorney, and then being the chief 13 administrative officer of the County of 14 Orange. 15 She has had so much vast experience 16 in so many facets of the law. But when I 17 think of Katie Bartlett, I think of a 18 professional who is very dedicated, who is 19 very disciplined, who is very focused on 20 achieving her goal. I know that she will be 21 an exemplary judge. 22 She's here with her husband, Bill 23 DeProspo, another prominent figure in Orange 24 County, and their daughter. 25 And so I will vote in the

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(518) 371-8910 1 affirmative. Thank you, Madam President. 2 THE PRESIDENT: Senator Larkin. 3 SENATOR LARKIN: Thank you, Madam 4 President. 5 I'm very honored to recognize my 6 constituent, Katie Bartlett, a distinguished 7 young lady not only in the field of law but 8 every endeavor that Katie has ever associated 9 herself with. Whether you're talking about 10 law or community service, when you needed 11 someone to participate and make things happen, 12 Katie was there. 13 Her efforts in the district 14 attorney's office are well known. Her efforts 15 as a town judge in the Town of Goshen -- ask 16 most of your attorneys, they'll tell you, she 17 knows her business. As the county attorney, 18 she turned around many, many facilities in the 19 county, to the credit of the county, the 20 county exec who appointed her. 21 And today we're here appointing 22 her, the first time in the history of Orange 23 County that we've had a Court of Claims judge. 24 It is an honor and a privilege for me to stand 25 here and second the nomination of Katie

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(518) 371-8910 1 Bartlett. 2 And to her children and her 3 husband, now, Bill, you'll have to take out 4 the garbage. 5 (Laughter.) 6 THE PRESIDENT: Senator Morahan. 7 SENATOR MORAHAN: Thank you, 8 Madam President. 9 I too rise in support of the 10 nomination by the Governor of Catherine M. 11 Bartlett. 12 Many fine words have been said 13 about her. Her resume is clear. Her record 14 is pure. She has done such great services in 15 the various positions she's had. And she 16 represents the county in all of those 17 positions, and now she'll represent people on 18 the Court of Claims. And I really am 19 privileged to stand and second her nomination. 20 THE PRESIDENT: The question now 21 is on the nomination of Catherine M. Bartlett, 22 of Goshen, as a judge of the Court of Claims. 23 All in favor please signify by 24 saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 THE PRESIDENT: Opposed, nay. 2 (No response.) 3 THE PRESIDENT: The nominee is 4 hereby confirmed. 5 And I want to add my personal as 6 well as professional congratulations to Judge 7 Bartlett. In my years on the bench, as well 8 as Lieutenant Governor, I have observed her 9 professional demeanor, her discipline, and her 10 excellence, and it's quite a privilege to be 11 here and preside. 12 She is here today with her husband, 13 William DeProspo; her children, Atticus, Bart, 14 and Chatham; and her niece, Sarah Bresette. 15 Congratulations to you and your 16 family, and best wishes, Judge. 17 (Applause.) 18 THE PRESIDENT: The Secretary 19 will continue to read. 20 THE SECRETARY: As a judge of the 21 Court of Claims, Robert K. Holdman, of 22 New York City. 23 THE PRESIDENT: Senator 24 DeFrancisco. 25 SENATOR DeFRANCISCO: I move the

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(518) 371-8910 1 nomination of Robert K. Holdman for Court of 2 Claims. 3 And I do want to just speak for a 4 moment. In reviewing the file on Mr. -- soon 5 to be Judge -- Holdman, you know, and hearing 6 him at the committee meeting, we're really 7 fortunate to have a new Court of Claims judge 8 of this caliber. 9 Unfortunately, nowadays, we're 10 hearing more and more of child abuse and child 11 deaths at the hands of predators. While 12 soon-to-be Judge Holdman was in the Bronx 13 County district attorney's office for the lead 14 prosecutor for these types of crimes, with 400 15 lawyers in that office, he not only has 16 prosecuted these crimes, but he's also 17 lectured nationwide and also overseas in 18 various forums on this topic. 19 In addition, he just finished a 20 fellowship at Harvard, a public interest 21 fellowship. So obviously he's the type of 22 person that is a thoughtful individual, that 23 wants to increase his knowledge, that wants to 24 encourage people to go into public service. 25 And he certainly is going to be in a perfect

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(518) 371-8910 1 position to affect many, many people's lives. 2 So I would proudly move the 3 nomination of Robert K. Holdman. 4 THE PRESIDENT: Senator Duane, do 5 you wish to be heard? 6 SENATOR DUANE: Usually, but not 7 at the moment. Later. 8 (Laughter.) 9 THE PRESIDENT: On the nomination 10 of Robert K. Holdman, of New York City, as a 11 judge of the Court of Claims, all in favor of 12 the nomination 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 this morning accompanied 19 by his fiancee, Catherine Nolan. 20 Best wishes to you, Judge Holdman, 21 and congratulations. 22 (Applause.) 23 THE PRESIDENT: The Secretary 24 will read the report of the Finance Committee. 25 THE SECRETARY: Senator Johnson,

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(518) 371-8910 1 from the Committee on Finance, reports the 2 following nominations. 3 As a member of the Board of 4 Trustees of the State University of New York, 5 Robert J. Bellafiore, of Delmar. 6 THE PRESIDENT: Senator Johnson. 7 SENATOR JOHNSON: Move the 8 nomination. 9 THE PRESIDENT: Senator Farley. 10 SENATOR FARLEY: Thank you, Madam 11 President. 12 I just want to say a few words 13 about Bob Bellafiore, who is being appointed 14 to the Board of Trustees of the State 15 University. 16 He is an honors graduate of the 17 crown jewel of the State University at Albany, 18 where I also am a graduate and taught for 19 35 years. You know, this is a person that 20 I've followed his career since he's been with 21 the Knickerbocker News, right out of college. 22 Every job he's done, he's done 23 well. He's superbly educated. He knows a lot 24 about the state university. You know, we're 25 fortunate to have somebody with this

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(518) 371-8910 1 background to serve on the trustees. 2 I just want to say something else 3 in there. If you'd look at his resume, which 4 is very, very extensive, he was a Toll Fellow 5 for the Council of State Governments, which 6 John Marchi was one of the original founders 7 of that. I started the Toll Fellow program. 8 This is an honors program for public servants 9 who are rising stars, young people that are 10 rising stars in state government. And he was 11 certainly well-chosen when he won that award. 12 We're fortunate to have somebody of 13 this character and integrity to serve the 14 state university. And again, I want to 15 applaud Governor Pataki for recognizing the 16 talent of this young man. 17 And he's here with his family. And 18 it's with pleasure that I second the 19 nomination of Bob Bellafiore for the State 20 University Board of Trustees. 21 THE PRESIDENT: Senator Balboni. 22 SENATOR BALBONI: Madam 23 President, one of the first people I met in 24 the press when I first came to Albany in 1985 25 was a guy by the name of Bob Bellafiore. At

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(518) 371-8910 1 the time I forget if he worked for UPI or AP. 2 But, you know, the folks in the press, we're 3 always a little nervous about them, because 4 you're not really sure they're human, some of 5 them. You're not really sure how they 6 approach life. 7 This guy was full of life. And he 8 was a competitor. We played softball 9 together, we played basketball together. I've 10 seen this guy move up. 11 And the one thing I can say about 12 this nominee, he is a terrific person. He has 13 a big heart, he loves his family, he's a true 14 friend, and he's incredibly bright, writes 15 really, really well. 16 You know, if we wanted to take 17 somebody who is an academic but with a heart 18 and a soul, Bob Bellafiore is the guy that 19 you'd pick up and you'd put on this board. 20 And frankly, I think we need more of that in 21 our academic institutions. 22 I enthusiastically second this 23 nomination, Madam President. 24 THE PRESIDENT: Senator 25 Schneiderman.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: I've 2 checked very carefully, but I believe this is 3 the first time I'm able to agree with 4 absolutely everything Michael Balboni just 5 said since I've been on the floor of the 6 Senate. And I'll leave it at that. 7 Congratulations. 8 THE PRESIDENT: The question, 9 then, is on the nomination of Robert J. 10 Bellafiore, of Delmar, for a term on the Board 11 of Trustees of the State University of 12 New York. 13 All in favor please signify by 14 saying aye. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The nominee is 19 hereby confirmed. 20 I want to congratulate Bob and am 21 pleased to see him in this position. His 22 intellect, his dedication and his perspective 23 will be an excellent addition to the Board of 24 Trustees of SUNY. 25 He is here this morning with his

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(518) 371-8910 1 wife, Marilyn, and his sons, Sam and Robert. 2 Congratulations. Have a great 3 celebration, and best wishes. 4 (Applause.) 5 THE PRESIDENT: The Secretary 6 will continue to read. 7 THE SECRETARY: As a member of 8 the Board of Trustees of the State University 9 of New York, Teresa A. Santiago, of Hartsdale. 10 THE PRESIDENT: Senator Johnson. 11 SENATOR JOHNSON: Move the 12 nomination. 13 THE PRESIDENT: Senator 14 Hassell-Thompson. 15 SENATOR HASSELL-THOMPSON: Thank 16 you, Madam President. 17 It is with great pleasure that I 18 stand to congratulate the Governor on his 19 selection. 20 Three years ago, when Ms. Santiago 21 was appointed to head the Consumer Protection 22 Board, I was there for her appointment. And I 23 was very concerned because we knew that there 24 was very little to no money in that budget. 25 And she had such ambitious goals, and we

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(518) 371-8910 1 didn't know what she was going to be able to 2 do with them. 3 Well, I can tell you, three years 4 later, having worked very intimately and 5 closely with her over that period, that she is 6 one of the most creative people that I've ever 7 worked with. She has been able to cross all 8 kind of agency lines and help agencies 9 understand how what she does impacts what they 10 do, and has created a whole cadre of people 11 that are available to make sure that the 12 consumers of the State of New York are 13 protected, are educated about their rights. 14 I am very excited that she will 15 take this kind of talent in her role as a 16 trustee of the State University, and I know 17 that we will be proud of the work that she 18 will do there. And I want to congratulate her 19 and congratulate us on a marvelous selection. 20 Thank you, Madam President. 21 THE PRESIDENT: Senator Diaz. 22 SENATOR DIAZ: Thank you, Madam 23 President. 24 As a Puerto Rican and Hispanic, I 25 am proud to second the nomination of Teresa

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(518) 371-8910 1 Santiago as a member of the Board of Trustees 2 of the State University of New York State. I 3 have known Teresa Santiago for many years. 4 She is one of those Hispanic persons that have 5 made us proud to be Hispanic. 6 Teresa Santiago was the leader of 7 El Comite Noviembre, a committee formed to 8 protect, maintain and promote our Puerto Rican 9 culture. 10 Teresa Santiago was a deputy 11 director of the New York State Governor's 12 Office for Hispanic Affairs. She was also 13 deputy director for communications and 14 legislative affairs. 15 Ms. Santiago is a graduate of 16 Fordham University in Bronx County. 17 Right now, Ms. Santiago is the 18 commissioner of the New York State Department 19 of Consumer Affairs, where she protects, 20 defends and serves 20 million residents of 21 New York State. 22 It is an honor and a privilege for 23 me to stand before you and second the 24 nomination of Teresa Santiago. And I also 25 would like to congratulate Teresa and her

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(518) 371-8910 1 mother and her family and the Governor and all 2 of you that are supporting her today. 3 Thank you very much, Madam 4 President. 5 THE PRESIDENT: Senator Parker. 6 SENATOR PARKER: Madam President, 7 I rise to add my voice to the chorus of those 8 who are singing the praises this morning of 9 Commissioner Teresa Santiago, who has been 10 somebody who has been a champion for the 11 people of the State of New York as it relates 12 to consumer protection. She's somebody who 13 knows the issues and the concerns of people, 14 because she is one of us and from our 15 community. 16 And so I want to congratulate her 17 today on all that she's done so far. And I 18 know that she will bring those same energies, 19 expertise, and competence to her work with the 20 SUNY board. And so I look forward to our 21 continued work together and for her continued 22 service to the people of the State of 23 New York. 24 THE PRESIDENT: Senator Ada 25 Smith.

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(518) 371-8910 1 SENATOR ADA SMITH: Thank you, 2 Madam President. 3 The only thing that I can add is 4 ditto. And my congratulations to the 5 Governor. 6 And I know that Teresa A. Santiago 7 will make us all proud. 8 THE PRESIDENT: Senator 9 Fuschillo. 10 SENATOR FUSCHILLO: Thank you, 11 Madam President. Just quickly, I want to echo 12 the sentiments of my colleagues. 13 As chair of the Consumer Protection 14 Committee, I have worked with this fine woman 15 for many years. She has done an outstanding 16 job representing all the consumers of this 17 state. And I know she'll do an outstanding 18 job on the board. Congratulations. 19 And I want to compliment the 20 Governor on this nomination. 21 THE PRESIDENT: The question now 22 is on the nomination of Teresa A. Santiago for 23 a term on the Board of Trustees of the State 24 University of New York. 25 All in favor please signify by

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(518) 371-8910 1 saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The nominee is 6 hereby confirmed. 7 I want to offer my professional 8 congratulations. I too have observed your 9 professional excellence as commissioner, and I 10 know that SUNY is going to be very endowed to 11 have you on the Board of Trustees. 12 Best wishes. 13 (Applause.) 14 THE PRESIDENT: Communications 15 and reports from state officers. 16 Motions and resolutions. 17 Senator Fuschillo. 18 SENATOR FUSCHILLO: Thank you, 19 Madam President. 20 On behalf of Senator Maziarz, I 21 wish to call up Print Number 4185, recalled 22 from the Assembly, which is now at the desk. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 684, by Senator Maziarz, Senate Print 4185, an 2 act to amend the Workers' Compensation Law. 3 SENATOR FUSCHILLO: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 THE PRESIDENT: The Secretary 7 will call the roll upon reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 55. 10 THE PRESIDENT: Senator 11 Fuschillo. 12 SENATOR FUSCHILLO: I now move to 13 commit the bill to the Committee on Rules. 14 THE PRESIDENT: So ordered. 15 SENATOR FUSCHILLO: Thank you. 16 THE PRESIDENT: The Secretary 17 will read the substitutions. 18 THE SECRETARY: On page 17, 19 Senator Maziarz moves to discharge, from the 20 Committee on Rules, Assembly Bill Number 7744 21 and substitute it for the identical Senate 22 Bill Number 4346A, Third Reading Calendar 647. 23 On page 24, Senator Rath moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 7818 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 4128, 2 Third Reading Calendar 830. 3 On page 32, Senator Golden moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 4322C and substitute it 6 for the identical Senate Bill Number 2210B, 7 Third Reading Calendar 1054. 8 On page 36, Senator Trunzo moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 7827A and substitute it 11 for the identical Senate Bill Number 5094A, 12 Third Reading Calendar 1226. 13 On page 44, Senator LaValle moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 8827 and substitute it 16 for the identical Senate Bill Number 5713, 17 Third Reading Calendar 1730. 18 On page 47, Senator Rath moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 8926 and substitute it 21 for the identical Senate Bill Number 5858, 22 Third Reading Calendar 1807. 23 And on page 48, Senator Robach 24 moves to discharge, from the Committee on 25 Rules, Assembly Bill Number 8913 and

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(518) 371-8910 1 substitute it for the identical Senate Bill 2 Number 5850, Third Reading Calendar 1846. 3 THE PRESIDENT: Substitutions 4 ordered. 5 SENATOR PATERSON: Madam 6 President. 7 THE PRESIDENT: Senator. 8 SENATOR PATERSON: There being no 9 further business, I move that we adjourn for 10 the rest of the day. 11 (Laughter.) 12 SENATOR BRUNO: Point of order, 13 Madam President. 14 THE PRESIDENT: The Senator has 15 no further business. 16 (Laughter.) 17 SENATOR BRUNO: Following that 18 note, Madam President, can we now have the 19 noncontroversial reading of the calendar, with 20 Senator Paterson's indulgence. 21 SENATOR PATERSON: Absolutely. 22 SENATOR BRUNO: Thank you. 23 THE PRESIDENT: So ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 94, by the Assembly Committee on Rules, 2 Assembly Print Number 8894, an act to amend 3 the Penal Law and others. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the first of 8 September. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 55. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 127, by Senator Nozzolio, Senate Print 1973B, 16 an act to amend the Energy Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 55. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 408, by Senator Fuschillo, Senate Print 3488A, 3 an act to amend the Agriculture and -- 4 SENATOR SABINI: Lay it aside. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 582, by Member of the Assembly McEneny, 9 Assembly Print Number 3001, an act to amend 10 the Real Property Tax Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of January. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 647, substituted earlier today by Member of 22 the Assembly Schimminger, Assembly Print 23 Number 7744, an act to authorize the City of 24 North Tonawanda. 25 THE PRESIDENT: There is a

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(518) 371-8910 1 home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 655, by Senator Nozzolio, Senate Print 1323B, 12 an act to amend the Correction Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 90th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 686, by Member of the Assembly Destito, 24 Assembly Print Number 748, an act to amend the 25 Labor Law and others.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 706, by Senator Marcellino, Senate Print 12 Number 4471B, an act to amend the 13 Environmental Conservation Law and the Public 14 Health Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the 60th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 717, by Senator Volker, Senate Print 1628B, an

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(518) 371-8910 1 act to amend the Criminal Procedure Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 731, by Member of the Assembly Latimer, 13 Assembly Print Number 2349B, an act to amend 14 the Vehicle and Traffic Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 180th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1098, by Senator Skelos, Senate Print 1999B,

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(518) 371-8910 1 an act to amend the Real Property Tax Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1148, by Senator Seward, Senate Print 4096A, 13 an act to amend the Insurance Law. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect January 1, 2006. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. Nays, 22 1. Senator DeFrancisco recorded in the 23 negative. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1193, by Senator Marchi, Senate Print 2235A, 3 an act requiring the Triborough Bridge and 4 Tunnel Authority. 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: Those recorded in 13 the negative on Calendar Number 1193 are 14 Senators Duane, L. Krueger and Schneiderman. 15 Ayes, 53. Nays, 3. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1208, by Senator Maltese, Senate Print 1955A, 20 an act to amend the Civil Service Law. 21 ACTING PRESIDENT MEIER: There is 22 a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1278, by Senator Balboni, Senate Print 2969B, 9 an act to amend the General Municipal Law. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 3. 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, 56. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1285, by Senator Robach, Senate Print 4406A, 22 an act authorizing the chief of police of the 23 Town of Parma. 24 ACTING PRESIDENT MEIER: Read the 25 last section.

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(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: Ayes, 56. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1317, by Senator Bonacic, Senate Print 5125, 11 an act to amend the Education 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, 55. Nays, 20 1. Senator Alesi recorded in the negative. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1395, by Senator Skelos, Senate Print 4708B, 25 an act to amend the Vehicle and Traffic Law.

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(518) 371-8910 1 SENATOR SKELOS: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 180th day. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1474, by Senator Marchi, Senate Print 5497, an 13 act to authorize the State Department of 14 Transportation. 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, 56. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1487, by Senator Young, Senate Print 568B, an 2 act to amend the Alcoholic Beverage Control 3 Law. 4 SENATOR SCHNEIDERMAN: Lay it 5 aside. 6 ACTING PRESIDENT MEIER: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1561, by Senator Marcellino, Senate Print 10 5634, an act to amend the Vehicle and Traffic 11 Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1654, by Senator Hannon, Senate Print 4371A, 25 an act to amend the Public Health Law and the

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(518) 371-8910 1 Executive Law. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 3. 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, 56. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1662, by Senator Young, Senate Print 5718, an 14 act to amend the Social Services Law. 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, 56. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1698, by Senator Maziarz, Senate Print 5658A, 2 an act to amend the Public Authorities Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 SENATOR SKELOS: Lay it aside for 6 the day, please. 7 ACTING PRESIDENT MEIER: Lay the 8 aside for the day. 9 THE SECRETARY: Calendar Number 10 1702, by Senator Volker, Senate Print 5681, an 11 act to amend the Tax Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the first of January 16 next succeeding. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MEIER: Senator 21 Brown, to explain his vote. 22 SENATOR BROWN: Thank you, Mr. 23 President. 24 I just want to rise to commend 25 Senator Volker on this excellent piece of

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(518) 371-8910 1 legislation that will be an important economic 2 development tool to the City of Buffalo. 3 As we all know in this chamber, the 4 City of Buffalo has faced many fiscal 5 challenges over the past few years, and 6 Buffalo is beginning to rebound. This year, 7 for the first year, Buffalo has a balanced 8 budget, showing that the City of Buffalo is 9 moving in the right direction. 10 This piece of legislation by 11 Senator Volker will provide a powerful tool 12 that will enable developers who want to 13 redevelop historic properties to be able to do 14 that. 15 I have heard from the development 16 community in and around the City of Buffalo. 17 They applaud this bill, they support this 18 bill, and I am very proud to also support this 19 bill. I vote aye. 20 ACTING PRESIDENT MEIER: Senator 21 Brown will be recorded in the affirmative. 22 Announce the results. 23 THE SECRETARY: Ayes, 56. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1703, by Senator Young, Senate Print 5686, an 3 act to amend the Education 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, 56. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1709, by Senator LaValle, Senate Print 843B, 16 an act to amend the Education Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1714, by Senator Flanagan, Senate Print 2828D, 4 an act to amend the Environmental Conservation 5 Law and the Economic Development Law. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 6. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1722, by Member of the Assembly Kolb, Assembly 18 Print Number 8583A, an act to amend the 19 Alcoholic Beverage Control Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MEIER: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1723, by Senator Alesi, Senate Print 5543A, an 7 act to amend the Correction Law and others. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 6. This 11 act shall take effect on the 60th day. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1728, by Senator Padavan, Senate Print -- 20 SENATOR SCHNEIDERMAN: Lay it 21 aside. 22 ACTING PRESIDENT MEIER: Lay the 23 bill aside. 24 THE SECRETARY: Calendar Number 25 1729, by Senator Fuschillo, Senate Print 5698,

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(518) 371-8910 1 an act to amend the Penal Law. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 2. 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, 56. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1730, substituted earlier today by the 14 Assembly Committee on Rules, Assembly Print 15 Number 8827, an act to amend the Public Health 16 Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect January 1, 2006. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MEIER: Senator 25 LaValle, to explain his vote.

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(518) 371-8910 1 SENATOR LaVALLE: Thank you, Mr. 2 President. 3 This is very important legislation 4 dealing with the extension of the present 5 Breast Cancer Council in the Health 6 Department, to add cervical cancer to that, 7 and additional members. 8 There are more than 10,000 women 9 that are diagnosed every year with cervical 10 cancer, and 3,700 of those will die from this 11 disease. No woman should die from cervical 12 cancer, because it is one of the most 13 treatable and easily diagnosed diseases. 14 This council will do some very 15 substantial things in the legislation, as we 16 give them a substantial charge to raise public 17 awareness, to develop with the department a 18 statewide comprehensive cervical cancer 19 prevention plan, to facilitate coordination of 20 communication among state and local agencies. 21 And in their annual report they are to include 22 strategies for the implementation of the 23 cervical cancer prevention plan and for 24 promoting the plan to the general public. 25 And I think once again we are

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(518) 371-8910 1 taking a substantial step in -- I hope the 2 next time we talk about this, the number of 3 deaths will be zero. And I vote in the 4 affirmative. 5 ACTING PRESIDENT MEIER: Senator 6 LaValle will be recorded in the affirmative. 7 Senator Savino, to explain her 8 vote. 9 SENATOR SAVINO: I want to thank 10 Senator LaValle and Assemblywoman Aurelia 11 Greene for their leadership on this issue. 12 Shortly after I was elected, I was 13 privileged to attend a conference sponsored by 14 Women in Government, which is a national 15 bipartisan conference of women legislators who 16 have been involved in a campaign called the 17 "Challenge to Eliminate Cervical Cancer." The 18 previous senator, Nancy Larraine Hoffmann, who 19 was the New York State director of Women in 20 Government before she left, was also very 21 involved in that. 22 We now know what causes cervical 23 cancer. Unlike many cancers, we can pinpoint 24 exactly what it is that causes it. It is the 25 HPV virus. We now have advanced screening

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(518) 371-8910 1 tests, and we can assist women in determining 2 whether or not they are at risk. 3 Now we need to make sure that all 4 women are educated about cervical cancer and 5 the virus that causes it and have access to 6 the best cervical cancer screening 7 technologies available. That's what this task 8 force is going to do. And I want to applaud 9 and thank Senator LaValle for taking up the 10 banner and leading in this critical way. 11 We actually stand at the threshold 12 of being able to eliminate a cancer that 13 deprives women, far too often, of their 14 reproductive ability. Far too many young 15 women are forced to have hysterectomies 16 because of cervical cancer. And because of 17 the work of this task force and other task 18 forces in 17 other states, we can actually 19 eliminate cervical cancer in our lifetime. 20 So I want to thank Senator LaValle 21 and Assemblywoman Greene for their leadership 22 on this, and I vote yes. 23 ACTING PRESIDENT MEIER: Senator 24 Savino will be recorded in the affirmative. 25 Senator Young, to explain her vote.

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(518) 371-8910 1 SENATOR YOUNG: Thank you, Mr. 2 President, to explain my vote. 3 I too want to commend our colleague 4 Senator LaValle for his leadership on this 5 issue. I began working on this two years ago, 6 when I was in the Assembly. And so this is a 7 culmination of a lot of working together, 8 people making sure that this issue gets to the 9 table. 10 And as we talked about just a 11 moment ago, it is crucial to women in New York 12 State. Seventy percent of women are infected 13 with the virus that causes cervical cancer. 14 It's the second leading cause of cancer in 15 women in New York State. And it's a problem 16 for all women, but it's even more of a problem 17 for minority women, because African-American 18 women have double the infection rate and they 19 have double the death rate. 20 This bill, this project is 21 undoubtedly going to save lives in New York 22 State. Because if you catch cervical cancer 23 early, through detection, then you can treat 24 it and women will be saved. 25 So again, thank you, Senator

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(518) 371-8910 1 LaValle for all your hard work on this. It 2 really is a giant step forward for women's 3 health. And I commend you for all that you've 4 done. 5 ACTING PRESIDENT MEIER: Senator 6 Young will be recorded in the affirmative. 7 Announce the results. 8 THE SECRETARY: Ayes, 56. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1734, by the Assembly Committee on Rules, 13 Assembly Print Number 8851, an act to amend 14 the Agriculture and Markets Law and the 15 Alcoholic Beverage Control 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 THE SECRETARY: Ayes, 56. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1737, by Senator Skelos, Senate Print 5753A, 3 an act to amend the Correction Law. 4 ACTING PRESIDENT MEIER: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1744, by Senator Flanagan, Senate Print -- 17 SENATOR SCHNEIDERMAN: Lay it 18 aside. 19 ACTING PRESIDENT MEIER: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1745, by Member of the Assembly Sanders, 23 Assembly Print Number 88A, an act to amend the 24 Education Law. 25 ACTING PRESIDENT MEIER: Read the

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(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, 55. Nays, 8 1. Senator Meier recorded in the negative. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1747, by Senator Padavan, Senate Print 2583B, 13 an act to amend the Tax Law. 14 ACTING PRESIDENT MEIER: There is 15 a local fiscal impact note at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first day of a 19 sales tax quarterly period. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 56. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1753, by Senator Johnson, Senate Print 5182A, 3 an act to amend the Public Officers Law and 4 the Executive Law. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 3. 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, 56. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1754, by Senator Padavan, Senate Print 5405, 17 an act to amend the Education Law. 18 SENATOR LIBOUS: Lay it aside for 19 the day. 20 ACTING PRESIDENT MEIER: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 1757, by Senator Winner, Senate Print 5553B, 24 an act to amend the Environmental Conservation 25 Law and the General Obligations Law.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 10. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MEIER: Senator 9 Winner, to explain his vote. 10 SENATOR WINNER: Thank you, Mr. 11 President. 12 This is a relatively unknown 13 measure, but a measure that will provide for 14 an absolute major amount of economic benefit 15 for New York. I want to thank Senator Libous 16 for his leadership in the past on this issue 17 of natural gas development in New York State. 18 This measure will balance the 19 interests of landowners, producers, operators 20 of the development of national gas development 21 in New York, particularly in the Southern 22 Tier, in my area, and will facilitate the 23 investment of likely more than a billion 24 dollars of private investment in this state. 25 And the resulting economic growth and

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(518) 371-8910 1 development that it will produce will be of 2 benefit to every area of the state, not just 3 the Southern Tier. 4 So I want to commend this body for 5 supporting this measure, and I'm sure that it 6 will reap tremendous benefits in the future as 7 we go forward. 8 Thank you, Mr. President. I vote 9 in the affirmative. 10 ACTING PRESIDENT MEIER: Senator 11 Winner will be recorded in the affirmative. 12 Announce the results. 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1761, by Senator Nozzolio, Senate Print 5679, 18 an act authorizing James J. Colacino to 19 receive a waiver. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 56. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1763, by Senator Leibell, Senate Print 5708, 3 an act to amend the Public Authorities Law. 4 ACTING PRESIDENT MEIER: Read the 5 last section. 6 THE SECRETARY: Section 5. 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, 56. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1766, by Senator Young, Senate Print 5726A, an 16 act to amend the Correction Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 3. 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, 56. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1767, by Senator Morahan, Senate Print 5733, 4 an act to amend the Penal Law. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 3. 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, 56. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1778, by Senator Robach, Senate Print 5712, an 17 act to amend the Retirement and Social 18 Security 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.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1793, by Senator Golden, Senate Print 5804, an 6 act to amend the Social Services Law. 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, 56. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1799, by Senator Trunzo, Senate Print 5830, an 19 act to amend the Criminal Procedure Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MEIER: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1800, by Senator Skelos, Senate Print 5831, an 7 act to amend the Criminal Procedure Law. 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, 56. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1802, by Senator Wright, Senate Print 5834, 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 same date and 25 subject to the same qualifications as a

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(518) 371-8910 1 chapter of the Laws of 2005. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1805, by Senator Fuschillo, Senate Print 5843, 10 an act to amend a chapter of the Laws of 2005 11 amending the Labor 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, 56. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1806, by Senator Robach, Senate Print 5851, an 24 act directing the state comptroller to study 25 deferred retirement option plans.

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(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, 56. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1807, substituted earlier today by the 13 Assembly Committee on Rules, Assembly Print 14 Number 8926, an act relating to the payment of 15 an accidental death benefit. 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 THE SECRETARY: Ayes, 56. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1808, by Senator Morahan, Senate Print 5859, 3 an act to authorize the Commissioner of 4 General Services. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 6. 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, 56. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1813, by Senator Oppenheimer, Senate Print 17 950, an act to amend the Public Officers Law. 18 SENATOR OPPENHEIMER: Lay it 19 aside for the day, please. 20 ACTING PRESIDENT MEIER: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 1830, by Senator Balboni, Senate Print 5579A, 24 an act to amend the County Law. 25 ACTING PRESIDENT MEIER: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 5. 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, 56. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1832, by Senator Young, Senate Print 5685, an 12 act to amend the Penal Law. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the first of 17 November. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MEIER: Senator 22 Young, to explain her vote. 23 SENATOR YOUNG: Thank you, Mr. 24 President, to explain my vote. 25 This bill comes in answer to a

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(518) 371-8910 1 horrific case that recently occurred in my 2 district, in Jamestown, in Chautauqua County, 3 where a 55-year-old pedophile sexually 4 molested and raped a little 9-year-old girl. 5 And not only did he did do that, but he set up 6 a web camera, put it on the Internet and got 7 suggestions and encouragement from other 8 pedophiles, not only from around the state and 9 the country but from around the world. 10 So basically what this bill does is 11 make the law catch up with technology so that 12 we have the penalties in place to deal with 13 these terrible situations. 14 And I want to thank my colleagues 15 for their support on this measure. I vote 16 yes. 17 ACTING PRESIDENT MEIER: Senator 18 Young will be recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1834, by Senator Saland, Senate Print 5736A, 25 an act to amend the General Business Law.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 3. 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, 56. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1835, by Senator Morahan, Senate Print 5743, 13 an act authorizing a period of probable 14 usefulness. 15 ACTING PRESIDENT MEIER: There is 16 a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 7. 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, 56. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1846, substituted earlier today by the 3 Assembly Committee on Rules, Assembly Print 4 Number 8913, an act to amend the Executive Law 5 and the State Finance Law. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1847, by the Senate Committee on Rules, Senate 18 Print Number 5855, an act to amend the Public 19 Health Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the same date and in 24 the same manner as a chapter of the Laws of 25 2005.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1849, by the Assembly Committee on Rules, 9 Assembly Print Number 8936, an act to amend 10 the Education Law. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 22. This 14 act shall take effect July 1, 2005. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1850, by Senator Wright, Senate Print 5866 -- 23 SENATOR SCHNEIDERMAN: Lay it 24 aside. 25 ACTING PRESIDENT MEIER: Lay the

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(518) 371-8910 1 bill aside. 2 THE SECRETARY: Calendar Number 3 1851, by the Senate Committee on Rules, Senate 4 Print Number 58 -- 5 SENATOR SCHNEIDERMAN: Lay it 6 aside. 7 ACTING PRESIDENT MEIER: Lay the 8 bill aside. 9 Senator Libous, that completes the 10 noncontroversial reading of the calendar. 11 SENATOR LIBOUS: Mr. President, 12 if we can just stand at ease for a second. 13 ACTING PRESIDENT MEIER: The 14 Senate will stand at ease. 15 (Whereupon, the Senate stood at 16 ease at 11:27 a.m.) 17 SENATOR LIBOUS: Mr. President. 18 ACTING PRESIDENT MEIER: Senator 19 Libous. 20 SENATOR LIBOUS: There will be an 21 immediate meeting of the Rules Committee in 22 the Majority Conference Room, and the Senate 23 will stand at ease. 24 ACTING PRESIDENT MEIER: 25 Immediate meeting of the Rules Committee in

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(518) 371-8910 1 the Senate Majority Conference Room. 2 The Senate will stand at ease. 3 (Whereupon, the Senate reconvened 4 at 11:46 a.m.) 5 ACTING PRESIDENT MEIER: Senator 6 Libous. 7 SENATOR LIBOUS: Mr. President, 8 Calendar 1850 was inadvertently laid aside. 9 Could we take that up, please. 10 ACTING PRESIDENT MEIER: We'll 11 take up Calendar 1850 on the noncontroversial 12 reading. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1850, by Senator Wright, Senate Print 5866, an 16 act to amend the Public Authorities Law and 17 the Economic Development Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 9. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Wright, to explain his vote. 2 SENATOR WRIGHT: Thank you very 3 much, Mr. President. 4 I'm very pleased to have before us 5 this morning, or this afternoon, the 6 Governor's program bill that is the 7 culmination of two years of efforts in the 8 energy arena. 9 ACTING PRESIDENT MEIER: Can we 10 have some order in the chamber, please. We 11 have a member speaking. 12 Senator Wright, you have the floor. 13 SENATOR WRIGHT: Thank you, Mr. 14 President. 15 As I said, this is a Governor's 16 program bill that we have achieved three-way 17 agreement on, having spent two years on these 18 issues. And it's actually the combination of 19 five different energy issues creating one 20 comprehensive energy plan. 21 It provides for the permanent 22 extension in state statute for replacement 23 power, which allocates a portion of the 24 hydropower generated at Niagara to Western 25 New York. It adopts preservation power, which

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(518) 371-8910 1 does the same for Northern New York, 2 allocating a portion of the hydropower 3 committed to that region. 4 It provides for the extension of 5 economic development, high-load and municipal 6 development agency power that is utilized 7 across the state of New York, providing 8 contract extensions and low-cost energy to in 9 excess of 70 companies across the state and 10 literally protecting in excess of tens of 11 thousands of jobs. 12 It also restores flexibility to the 13 Power for Jobs program, which impacts more 14 than 120 companies across this state. 15 And it provides recodification of 16 commitments for the Liberty and Resurgence 17 zones in the Manhattan development region 18 subsequent to September 11 as part of our 19 World Trade Center redevelopment efforts. 20 So as you can tell, it is truly 21 comprehensive, providing low-cost energy to 22 all of the regions of the state and at the 23 same time providing a consistent standard in 24 terms of jobs and reinvestment for all of the 25 economic development programs involving

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(518) 371-8910 1 energy. 2 I appreciate the Governor's 3 efforts, I appreciate the efforts of my 4 colleagues in achieving a consensus on what is 5 a very difficult issue involving many regional 6 concerns. But we have achieved a statewide 7 consensus, and I appreciate that and urge my 8 colleagues to vote yes. 9 I'm voting aye. Thank you. 10 ACTING PRESIDENT MEIER: Senator 11 Wright will be recorded in the affirmative. 12 Senator Parker, to explain his 13 vote. 14 SENATOR PARKER: Mr. President, 15 to explain my vote. 16 First, I applaud the very hard work 17 done by the three-way negotiations that 18 resulted in this legislation. The jobs of 19 tens of thousands of New Yorkers were hanging 20 in the balance awaiting the outcome of this 21 very important legislation. New York workers 22 from all over the state, from Buffalo to 23 Watertown to Brooklyn, will benefit from these 24 low-cost power programs. 25 I can't stress enough the

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(518) 371-8910 1 importance of continuing to offer this 2 electricity to New York's industries. 3 Businesses, hospitals, and universities all 4 benefit from this program. These programs 5 keep New York businesses alive. 6 Because, however, this is only a 7 one-year fix, it remains very important that 8 we continue the work started here. And 9 hopefully we will come back in the next 10 session and do a longer solution that takes 11 in, you know, three to four years. 12 I look forward to working with 13 Chairman Wright and Chairman Tonko to find 14 ways to sustain New York's industries and 15 business base, and to protect New York's 16 consumers and residents from the ravages of 17 skyrocketing energy costs and unsustainable 18 systems of producing New York's electricity. 19 So on this bill I vote aye, and I 20 encourage my colleagues to also vote aye. 21 ACTING PRESIDENT MEIER: Senator 22 Parker will be recorded in the affirmative. 23 Senator Valesky, to explain his 24 vote. 25 SENATOR VALESKY: Thank you, Mr.

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(518) 371-8910 1 President. 2 This bill, in a very real way, 3 averts a potential crisis that could have 4 occurred in the manufacturing community as 5 soon as November of this year. 6 I rise in support of this bill. I 7 want to commend Senator Wright for his 8 leadership on this issue and for his 9 shepherding this bill through the process and 10 bringing it to the floor today. 11 I also want to acknowledge the work 12 of the Manufacturers Association of Central 13 New York that made this one of their top 14 priorities for this legislative session. I 15 vote in the affirmative on this bill, and I 16 encourage all of my colleagues to do the same. 17 Thank you, Mr. President. 18 ACTING PRESIDENT MEIER: Senator 19 Valesky will be recorded in the affirmative. 20 Senator DeFrancisco, to explain his 21 vote. 22 SENATOR DeFRANCISCO: Yes, I also 23 rise to vote aye and explain my vote. 24 Over the last couple of months, 25 there has been some consternation in Central

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(518) 371-8910 1 New York by the Manufacturers Association of 2 Central New York and many of their members. 3 With our manufacturing base dwindling in 4 New York State and in Central New York, it's 5 important that we retain those jobs and it's 6 also very, very important that we start 7 expanding manufacturing jobs, which are the 8 highest-paying jobs and also which have so 9 many spin-offs from those high-paying jobs 10 that it drives the economy. 11 The Manufacturers Association of 12 Central New York and their members were very 13 concerned that some of these low-cost power 14 sources would be not available any longer, 15 which might have meant the loss of further 16 jobs because of a cheaper way of doing 17 business in other states. 18 I know Senator Wright and Senator 19 Libous and myself and others had meetings with 20 MACNY in order to try to find a solution. And 21 I always expressed my confidence that Senator 22 Wright would find that solution, and I want to 23 commend him for what he's done to retain that 24 low-cost power and in effect retain and 25 hopefully create some more manufacturing jobs

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(518) 371-8910 1 in Central New York. 2 ACTING PRESIDENT MEIER: Senator 3 DeFrancisco will be recorded in the 4 affirmative. 5 Senator Maziarz, to explain his 6 vote. 7 SENATOR MAZIARZ: Thank you very 8 much, Mr. President. 9 I too want to rise in support of 10 this bill. I think that with the passage of 11 this legislation now, this will, echoing the 12 sentiment of many of my colleagues, but from 13 the western end of the state, replacement 14 power, which companies have enjoyed for many 15 years, will be retained and those companies 16 will be able to make long-term decisions 17 hopefully regarding reinvestment within the 18 Western New York economy. Thousands of jobs, 19 manufacturing jobs, as Senator DeFrancisco 20 pointed out, are tied to the passage of this 21 legislation. 22 I will be voting in favor. 23 Thank you, Mr. President. 24 ACTING PRESIDENT MEIER: Senator 25 Maziarz will be recorded in the affirmative.

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(518) 371-8910 1 Senator Volker, to explain his 2 vote. 3 SENATOR VOLKER: Mr. President, I 4 want to thank Jim Wright also. This has been 5 a bill that -- and George, by the way, 6 Maziarz, for their work on this bill. 7 This is something that the last 8 time that we dealt with this issue, I was 9 Chairman of Energy, and the late John Daly 10 worked with us on the Power Authority part of 11 this legislation. 12 I have to say that I took a lot of 13 grief over last year's legislation, which, by 14 the way, was entirely different than this 15 year's legislation, which is a comprehensive 16 piece of legislation. And for those of you 17 that don't know, I defended one of my 18 colleagues here and got hit pretty good 19 because of it. 20 The truth is, this bill represents 21 a compromise that takes care of a whole series 22 of areas. It takes care of, primarily, for 23 us, of the replacement power in Western 24 New York retains 45 megawatts of what's called 25 the loose juice.

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(518) 371-8910 1 Unfortunately, the Buffalo business 2 community completely misunderstood what this 3 issue was all about and thought they could set 4 up a situation where they could do 5 portability. And immediately that created a 6 problem for us, and a lot of things happened 7 here. They actually lobbied against us, 8 because they didn't realize what this issue 9 was all about. In fact, today I got hit in 10 the newspaper, the Buffalo News, because the 11 Buffalo News editorial board has no idea what 12 energy is all about. 13 But I want to thank Senator Wright, 14 who did a heck of a job on this, and all my 15 colleagues. This is maybe, in my opinion, the 16 most important bill of this session for 17 business, and certainly for upstate New York. 18 But it also impacts on downstate New York 19 also. 20 So thank you, Senator Wright. I 21 vote in the affirmative. 22 ACTING PRESIDENT MEIER: Senator 23 Volker will be recorded in the affirmative. 24 Senator Stachowski, to explain his 25 vote.

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(518) 371-8910 1 SENATOR STACHOWSKI: Mr. 2 President, I too rise to support this bill. 3 I congratulate Senator Wright on 4 working on the compromise. I also 5 congratulate Senator Maziarz, who led our 6 delegation on this particular issue. And all 7 of us were in support of this to try to make 8 sure that the replacement power stayed with 9 all the industries in Western New York, who 10 would probably not be able to stay or possibly 11 even expand without this power. And the fact 12 that there's a compromise and we get to keep 13 what we had is wonderful to us. 14 And I happen to agree with Senator 15 Volker that there seems to be some confusion 16 out our area about some of the things that 17 were available and aren't available. But 18 we're happy with the compromise. We think it 19 benefits all of New York State. And it's a 20 great reason for a job well done. 21 And I support this bill and vote 22 yes. Thank you. 23 ACTING PRESIDENT MEIER: Senator 24 Stachowski will be recorded in the 25 affirmative.

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(518) 371-8910 1 Senator Farley, to explain his 2 vote. 3 SENATOR FARLEY: I also rise to 4 throw a bouquet at Senator Wright. 5 You have made the entire Senate 6 look good on this one, and the entire 7 Legislature, because this was a very difficult 8 issue that took a long time to try to bring to 9 pass. And, Senator Wright, you made it 10 happen. You made all of us look good. 11 But it really addresses a major 12 problem in New York State and the upstate 13 region. It isn't just Western New York or 14 Central New York or Northern New York, it's 15 the entire upstate region, which is really 16 desperate for jobs. And this makes a huge 17 difference for all of us in the state of 18 New York, and I applaud you on this 19 compromise. 20 ACTING PRESIDENT MEIER: Senator 21 Farley will be recorded in the affirmative. 22 Senator Rath, to explain her vote. 23 SENATOR RATH: Thank you, Mr. 24 President. 25 I join my colleagues in thanking

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(518) 371-8910 1 Senator Wright for the hard work on this 2 issue. Had we moved on this last year as we 3 were being urged to do, some of the 4 complexities of next year and the year after 5 would not have been uncovered and I'm sure 6 would not have been dealt with in as clear a 7 way as the future is now considered and being 8 dealt with in this bill. 9 We will revisit some of this next 10 year and the year after, I understand. But at 11 the time, right now, the replacement power for 12 the industries in western New York and the 13 considerations that Power for Jobs will have 14 for our new jobs that are hopefully going to 15 be appearing in all of upstate New York, it's 16 a great day and it's a great day for all of 17 the state of New York. 18 Thank you, Senator Wright. 19 ACTING PRESIDENT MEIER: Senator 20 Rath will be recorded in the affirmative. 21 Senator Libous, to explain his 22 vote. 23 SENATOR LIBOUS: Thank you, Mr. 24 President. 25 I too want to applaud Senator

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(518) 371-8910 1 Wright and my colleagues for this excellent 2 piece of legislation. This will affect some 3 2400 jobs just in my district, and I know that 4 it affects thousands of jobs in New York 5 State. 6 So Senator Wright has done a good 7 job in negotiating this bill. And I think it 8 will keep jobs here and particularly in 9 upstate New York, and keep them from moving 10 out of the state. And I vote aye. 11 ACTING PRESIDENT MEIER: Senator 12 Libous will be recorded in the affirmative. 13 Senator Seward, to explain his 14 vote. 15 SENATOR SEWARD: Thank you, Mr. 16 President. I too rise to commend our 17 colleague Senator Wright. 18 I would have to observe that when 19 we're talking about rebuilding our economy in 20 the state of New York, particularly upstate, 21 when we talk to business owners and employers, 22 one of the key issues for them, of course, is 23 the cost of power. 24 And with the replacement power, the 25 Power for Jobs program, economic development

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(518) 371-8910 1 power, all the various programs that are 2 available, this is a great safety valve for us 3 in terms of being able to offer employers, 4 job-creating employers, job-retention and 5 -retaining employers, with the ability to have 6 lower-cost energy. 7 And this is a key component to our 8 economic development strategy, particularly 9 upstate. This is good news for the people of 10 this state that this agreement has been 11 reached and we can proceed with the effort to 12 rebuild our economy. This legislation will be 13 a big step in that direction. 14 I vote aye. 15 ACTING PRESIDENT MEIER: Senator 16 Seward will be recorded in the affirmative. 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 Senator Libous. 22 SENATOR LIBOUS: Mr. President, 23 can we return to reports of standing 24 committees, please. 25 ACTING PRESIDENT MEIER: Reports

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(518) 371-8910 1 of standing committees. 2 The Secretary will read. 3 THE SECRETARY: Senator Bruno, 4 from the Committee on Rules, reports the 5 following bills: 6 Senate Print 26B, by Senator 7 Maziarz, an act to amend the General Municipal 8 Law; 9 1365B, by Senator LaValle, an act 10 to amend the Environmental Conservation Law; 11 2616, by Senator Winner, an act to 12 amend the Highway Law; 13 3083, by Senator Young, an act to 14 amend the Tax Law; 15 3176C, by Senator Young, an act to 16 amend the Agriculture and Markets Law; 17 3624A, by Senator Leibell, an act 18 to amend the Transportation Law; 19 3655, by Senator Larkin, an act to 20 amend the Tax Law; 21 4171, by Senator Spano, an act to 22 amend the Election Law; 23 4313, by Senator Fuschillo, an act 24 to amend the Education Law; 25 4464, by Senator Leibell, an act to

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(518) 371-8910 1 amend the Tax Law; 2 4529A, by Senator Golden, an act to 3 amend the General Municipal Law; 4 4574A, by Senator Padavan, an act 5 to amend the Local Finance Law; 6 5550A, by Senator Valesky, an act 7 to amend the Highway Law; 8 5565A, by Senator Wright, an act to 9 amend the Tax Law; 10 5582A, by Senator Seward, an act to 11 amend the Insurance Law; 12 5596, by Senator Maltese, an act to 13 amend the Administrative Code of the City of 14 New York; 15 5649A, by Senator Johnson, an act 16 to amend the Environmental Conservation Law; 17 5704, by Senator Flanagan, an act 18 to amend the Public Health Law; 19 5809, by the Senate Committee on 20 Rules, an act to amend Chapter 370 of the Laws 21 of 2001; 22 5845, by Senator Johnson, an act to 23 amend the Real Property Tax Law; 24 5871, by Senator Flanagan, an act 25 to amend the Election Law;

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(518) 371-8910 1 5876, by Senator Morahan, an act to 2 amend the Mental Hygiene Law; 3 5878, by Senator Flanagan, an act 4 to create; 5 5884, by the Senate Committee on 6 Rules, an act to amend a chapter of the Laws 7 of 2005; 8 5885, by the Senate Committee on 9 Rules, an act to amend Chapter 582 of the Laws 10 of 2004; 11 5905, by Senator Volker, an act to 12 amend the Public Authorities Law; 13 And Senate Print 5825, by Senator 14 Meier, an act to amend the State Finance Law. 15 All bills ordered direct to third 16 reading. 17 ACTING PRESIDENT MEIER: Senator 18 Libous. 19 SENATOR LIBOUS: Can we move to 20 accept the report of Rules Committee. 21 ACTING PRESIDENT MEIER: All 22 those in favor of accepting the report of the 23 Rules Committee signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT MEIER: Those

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(518) 371-8910 1 opposed, nay. 2 (No response.) 3 ACTING PRESIDENT MEIER: The 4 report of the Rules Committee is accepted. 5 Senator Libous. 6 SENATOR LIBOUS: Can we move to 7 the controversial reading of the original 8 active list, please. 9 ACTING PRESIDENT MEIER: The 10 Secretary will conduct the controversial 11 reading of the first active list. 12 The Secretary will ring the bell. 13 Members should keep in mind that 14 during the business regarding controversial 15 bills, that when debate is terminated we will 16 wait exactly two minutes and no more before 17 beginning the roll call. 18 Secondly, members are reminded that 19 the Senate rules provide two minutes for the 20 explanation of votes and that that rule will 21 be strictly enforced. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 408, by Senator Fuschillo, Senate Print 3488A, 25 an act to amend the Agriculture and Markets

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(518) 371-8910 1 Law. 2 ACTING PRESIDENT MEIER: Senator 3 Klein. 4 SENATOR KLEIN: On the bill, Mr. 5 President. 6 ACTING PRESIDENT MEIER: Senator 7 Klein, on the bill. 8 SENATOR KLEIN: I rise today in 9 opposition to this legislation, although I 10 have the utmost respect for my colleague 11 Senator Fuschillo, who is certainly a great 12 consumer advocate. I think what we're doing 13 here today in this legislation is taking a 14 step backwards as it applies to the sanitary 15 conditions at supermarkets. 16 I have a long history in writing 17 many pieces of legislation that deal with the 18 sanitary conditions of our supermarkets. It 19 came out of a thorough investigation that I 20 did of the Greater New York City area, which 21 showed at the time that 54 percent of the 22 supermarkets failed one or both of their most 23 recent inspections. 24 I know everybody hasn't had their 25 lunch yet, so I can say most of the violations

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(518) 371-8910 1 were because of pest violations -- rodents, 2 rats, mice near or on top of the food. 3 And we've passed some very 4 comprehensive legislation that was signed into 5 law by the Governor in 2002 which created a 6 three-strikes-you're-out. Now, supermarkets, 7 if they fail three inspections in a row, lose 8 their license to do business as a supermarket. 9 We also now have posting 10 requirements where if you go into your local 11 supermarket or your local food store, you 12 should be able to see in the doorway whether 13 or not that business passed or failed their 14 most recent inspection. 15 We've gone a long way towards 16 cleaning up the sanitary conditions of 17 supermarkets. Now, it's only about 22 percent 18 that fail inspections. 19 While I think it's important that 20 we set up a system in this legislation which 21 provides sort of education for local 22 supermarkets in learning how to keep their 23 establishments in a sanitary manner, the 24 problem with this bill is we exclude smaller 25 establishments. My studies showed that

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(518) 371-8910 1 unfortunately the smaller grocery stores, 2 bodegas are the ones in many cases that have 3 problems. 4 The interesting thing about this 5 issue is it doesn't have anything to do with 6 where the supermarket is located. We found 7 very clean supermarkets in the South Bronx, 8 and we found very dirty ones in the Upper East 9 Side of Manhattan. 10 So I think education is key. And I 11 think this legislation, as I said, takes a 12 step back because we're failing to educate the 13 smaller establishments who I think really 14 could use the help. I think we should make 15 sure to mandate that they seek help. So I 16 vote no on this piece of legislation. 17 ACTING PRESIDENT MEIER: Any 18 other member wish to be heard on the bill? 19 Senator Fuschillo. 20 SENATOR FUSCHILLO: Thank you, 21 Mr. President. 22 I look at this legislation -- on 23 the bill -- as a step forward to enhance the 24 efforts that Senator Klein had talked about. 25 Under current law, you're only

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(518) 371-8910 1 required to participate in the food training 2 programs after the store has failed the 3 consecutive sanitation requirements. What 4 this bill does is it establishes a continuing 5 education certification program for retail 6 food establishments. 7 Senator Klein, I don't disagree 8 with you. I'd like to have everybody in this. 9 Some of your colleagues on the other side 10 raised the question last year about the small 11 businesses, and there is an exemption in there 12 for small businesses, there is an exemption in 13 there for family-owned businesses. And 14 there's a $3 million exemption in there. 15 This is geared primarily, as 16 Senator Klein had said, towards the grocery 17 stores and the large chains. But it's added 18 to what the current law has by requiring this 19 food safety certification program. It's a 20 training program that will enhance the efforts 21 that most stores do now, but create uniformity 22 throughout the state. 23 I will be voting in the affirmative 24 on the bill. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Robach. 2 SENATOR ROBACH: Yes, Mr. 3 President, briefly. 4 I rise to support this measure and 5 commend Senator Fuschillo. I don't think -- 6 this really builds on the good work we've 7 already done. The continuing education piece 8 is very important. 9 And what hasn't been brought up 10 yet, why this is also important, is this will 11 not only do an education component but it will 12 make it uniform in the state. So for large 13 chains such as Wegman's, which is one of the 14 best food chains in the country, headquartered 15 in Rochester, or any other large or small 16 chains, for that matter, are not going to have 17 to deal with different regulations from county 18 to county on the education piece of safe food 19 handling. And I think this is very much 20 needed, and I'm glad we're moving in that 21 direction. 22 The other thing I would point out 23 here too, now for people who work in that 24 field who will get this uniform training, if 25 they move from one establishment to another,

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(518) 371-8910 1 albeit big or small, they will now have that 2 uniform training no matter where they go or 3 work in the food process. 4 I think this is a good bill and 5 would encourage my colleagues to support it. 6 Thank you. 7 ACTING PRESIDENT MEIER: Senator 8 Schneiderman. 9 SENATOR SCHNEIDERMAN: Yes, Mr. 10 President, this has been an interesting and 11 informative debate. And I think it is clear 12 that everyone who has spoken has the same 13 intent. 14 I do think that Senator Klein 15 raises an important point. There are serious 16 health issues with small stores. I have many 17 of them in my district. And I think that the 18 concern that this could impose an undue 19 financial burden I think in some respects is 20 overstated. 21 I would like to support this bill, 22 but with a view to the future, that hopefully 23 we're going to be able to take an additional 24 step to deal with smaller stores. I don't 25 think that we really are addressing the

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(518) 371-8910 1 fundamental health issues if we leave out this 2 large number of facilities, and I think 3 Senator Klein's points are absolutely right on 4 point. 5 So I commend both sides on this. 6 And I have a feeling that as Senator Fuschillo 7 expands the scope of his intervention in every 8 area of consumer activity, personal activity, 9 personal safety and personal hygiene, we may 10 be seeing further bills extending this into 11 smaller establishments. 12 And I will vote yes with that 13 understanding, Mr. President. 14 Thank you. 15 ACTING PRESIDENT MEIER: Senator 16 Wright. 17 SENATOR WRIGHT: Thank you, Mr. 18 President. 19 I rise to commend our colleague 20 Senator Fuschillo and his leadership on this 21 bill. Because as I think everyone recognizes, 22 there are a number of us who had concerns a 23 year ago. And in fact, the Senator listened. 24 And he heard those concerns, and those 25 concerns are reflected in this statute. And I

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(518) 371-8910 1 think that's particularly important and 2 indicative of the way we do business here in 3 the Senate. 4 So I want to acknowledge his 5 effort. I want to commend him on this 6 particular bill. I think it does exactly what 7 we're all looking to accomplish. And I'm 8 fully prepared to vote aye. 9 Thank you. 10 ACTING PRESIDENT MEIER: Any 11 other Senator wish to be heard on the bill? 12 Debate is closed, then. 13 Read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect one year after it shall 16 have become a law. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MEIER: Senator 21 DeFrancisco, to explain his vote. 22 SENATOR DeFRANCISCO: I vote aye. 23 And it's amazing, sometimes you get 24 a kick out of what happens in the chambers. 25 Sometimes you're damned if you do and you're

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(518) 371-8910 1 damned if you don't. 2 Senator Fuschillo came in with a 3 good consumer protection bill, and people from 4 both sides of the aisle said it was too broad 5 and it affected too many small businesses. So 6 in order to take into account what everyone 7 says, he gives a small business exemption, and 8 now some complain that it's not broad enough. 9 I think this is a good compromise, 10 and he's got a bill here that I could support. 11 I vote aye. 12 ACTING PRESIDENT MEIER: Senator 13 DeFrancisco will be recorded in the 14 affirmative. 15 Senator Hassell-Thompson, to 16 explain her vote. 17 SENATOR HASSELL-THOMPSON: Thank 18 you, Mr. President. 19 This bill came before the Consumer 20 Protection Committee about a year or so ago, 21 and at that time I was the ranking member. 22 And I want to first say that I appreciate the 23 fact that Senator Fuschillo -- who understood 24 that many of us on that committee, even though 25 we were on the Democratic side of that

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(518) 371-8910 1 committee, had some real reservations about 2 the bill -- set about to try to work to change 3 it. 4 I'm not excited that the bill 5 doesn't speak to how we educate smaller 6 businesses and whatever. But I certainly know 7 that this is a far better bill than the one 8 that we originally saw. I appreciate the 9 conscientiousness with which he respected the 10 opinions of all the members of the committee, 11 and has gone a long way. I would like to work 12 with him to kind of figure out how do we work 13 with small businesses to make sure that they 14 are educated and are not adversely affected 15 from a business perspective. 16 Thank you, Mr. President. I will 17 be voting aye. 18 ACTING PRESIDENT MEIER: Senator 19 Hassell-Thompson will be recorded in the 20 affirmative. 21 Senator Stachowski, to explain his 22 vote. 23 SENATOR STACHOWSKI: Yes, Mr. 24 President, I rise to support this bill and 25 maybe offer a suggestion to Senator Fuschillo

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(518) 371-8910 1 to how to deal with the small businesses. 2 If I'm not mistaken, the restaurant 3 association has a program that all the 4 restaurants make available to themselves on 5 how to deal with food and handle food. And 6 quite possibly some of that is run through 7 community colleges. And maybe we can get the 8 smaller delis, et cetera, to either reach out 9 or you can reach out to the restaurant 10 association, see how they do it, or also 11 contact the community colleges that sometimes 12 offer this, if they have food service. 13 And we can work out some kind of 14 economical way that might not cost a small 15 bodega owner or small delicatessen owner very 16 little, if anything, in getting this training 17 done, which is needed for everybody that works 18 in any kind of food service industry, whether 19 it's selling the food or serving the food. 20 So I think it's a good bill, a good 21 step forward, but I think you should cover the 22 smaller ones, and this is a way to do it. And 23 I can understand your concern for their 24 expenses. 25 I vote yes.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Stachowski will be recorded in the 3 affirmative. 4 Senator Sabini, to explain his 5 vote. 6 SENATOR SABINI: Thank you, Mr. 7 President. 8 Senator Klein did great work on 9 this legislation when he was in the Assembly, 10 and I know his intentions are good on this. 11 But I want to congratulate Chairman Fuschillo 12 for his work on this. He listened to the 13 concerns that people had about the mom-and-pop 14 businesses and how they in effect would have 15 to shut down if we stayed with the original 16 legislation for large periods of time, if they 17 have one or two employees or if it's literally 18 mom and pop in some of these places. 19 So I want to commend Senator 20 Fuschillo for listening and working with us. 21 You know, sometimes we on the Democratic side 22 have to speak up for small business and curb 23 the rampant regulation that runs through the 24 Consumer Affairs Committee that tries to 25 really hurt our small businesses. But some of

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(518) 371-8910 1 us here want to stand up and say: Enough, 2 small business in New York State deserves a 3 break too. 4 And I'm glad that we were able to 5 do that on behalf of all the small businesses 6 in the state, and I'm happy to vote aye. 7 ACTING PRESIDENT MEIER: Senator 8 Sabini will be recorded in the affirmative. 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 408 are 12 Senators Klein and A. Smith. 13 Those absent from voting: Connor, 14 L. Krueger and Oppenheimer. 15 Ayes, 55. Nays, 2. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1487, by Senator Young, Senate Print 568B, an 20 act to amend the Alcoholic Beverage Control 21 Law. 22 SENATOR SABINI: Explanation. 23 ACTING PRESIDENT MEIER: Senator 24 Young, an explanation has been requested about 25 Calendar 1487.

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(518) 371-8910 1 SENATOR YOUNG: Thank you, Mr. 2 President. 3 This bill addresses 4 alcohol-without-liquid machines, which is a 5 new health threat that we have here in 6 New York State. These types of machines 7 encourage the reckless consumption of alcohol 8 and could increase alcohol abuse, brain 9 damage, underage drinking, and drunk driving 10 because of the effects of this device. 11 The way that it works is that a 12 shot of pure liquor is poured into the 13 machine. It's then vaporized and mixed with 14 oxygen, and the person imbibing this actually 15 breathes it in, in a tube. And when that 16 happens, it totally bypasses the digestive 17 system and is absorbed directly into the 18 bloodstream through the lungs, creating an 19 immediate and powerful drunkenness. 20 What is really concerning, and it 21 should be concerning to everyone in this 22 house, is that this machine is being marketed 23 to children. It's marketed as the ultimate 24 party machine; it's hangover-free, 25 calorie-free, carb-free. And the verbiage in

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(518) 371-8910 1 the advertising has words such as "light" and 2 "clean" used by the distributors who are 3 promoting this product. 4 You can buy these machines over the 5 Internet, and there is no age verification 6 required in New York State. And because these 7 machines are portable, there is no question 8 that they are going to end up at underage 9 drinking parties. 10 The medical community is very 11 concerned with AWOL machines because of the 12 risk of brain damage and the fact that -- 13 ACTING PRESIDENT MEIER: Excuse 14 me, Senator Young. 15 Senator Young has the floor. 16 SENATOR YOUNG: -- and the fact 17 that it would promote underage drinking. 18 And, you know, in the State 19 Legislature we have made great strides over 20 the past several years to combat underage 21 drinking, to diminish drunken driving. And 22 this could wipe away a lot of that progress, 23 and that's why I sponsored this bill. 24 ACTING PRESIDENT MEIER: Any 25 other Senator wish to be heard on the bill?

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(518) 371-8910 1 Senator Sabini. 2 SENATOR SABINI: Mr. President, 3 would the sponsor yield for a question. 4 ACTING PRESIDENT MEIER: Senator 5 Young, do you yield for a question? 6 SENATOR YOUNG: I yield, Mr. 7 President. 8 ACTING PRESIDENT MEIER: The 9 sponsor yields. 10 SENATOR SABINI: The sponsor 11 noted, both in debate and the sponsor's 12 memorandum, that there be no age requirement 13 for purchasing this machine. 14 So this bill would, as I read it, 15 prohibit the purchase of this machine by 16 either individuals -- would that be 17 prohibited? 18 SENATOR YOUNG: Yes. 19 SENATOR SABINI: Would the 20 sponsor yield for an additional question, Mr. 21 President. 22 ACTING PRESIDENT MEIER: Senator 23 Young, do you yield? 24 SENATOR YOUNG: Yes. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 sponsor yields. 2 SENATOR SABINI: Would this also 3 prevent the purchase of this machine by 4 licensed alcoholic beverage control businesses 5 who are regulated by the State of New York? 6 Would they be prohibited from purchasing this 7 machine? 8 SENATOR YOUNG: Yes, it would, 9 because basically what this bill is about is 10 protecting people's health. And when you have 11 something that promotes addiction, that 12 promotes brain damage, that is still being 13 studied by the medical community and the 14 medical community has great concerns about it, 15 we should take action. 16 Basically the penalties that are 17 attached to this are that persons who sell 18 alcohol vaporizing devices are guilty of a 19 Class B misdemeanor for a first offense, and 20 that's elevated to a Class A misdemeanor for a 21 subsequent offense within five years. 22 And people who purchase or use 23 these machines would be guilty of a violation. 24 SENATOR SABINI: Would the 25 sponsor continue to yield for another

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(518) 371-8910 1 question. 2 ACTING PRESIDENT MEIER: Senator 3 Young, will you yield for another question? 4 SENATOR YOUNG: Yes, Mr. 5 President, I will yield. 6 ACTING PRESIDENT MEIER: The 7 sponsor yields. 8 SENATOR SABINI: My understanding 9 from these machines are that basically, for 10 the machine to be used, you have to purchase 11 alcohol to put into the machine, which is 12 controlled by the State of New York, and 13 therefore there is an age verification to 14 purchase alcohol in the State of New York. 15 So why, if the machine is 16 inoperable without alcohol, which is an 17 age-required purchase, why is this a dangerous 18 thing on its own? 19 SENATOR YOUNG: The answer to 20 that question is because of the dangerous way 21 that the alcohol is administered. This 22 actually could be the next epidemic, similar 23 to something like crack, because of the harm 24 that it does to someone's body. 25 And the fact is is that, yes, there

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(518) 371-8910 1 are adults who can buy alcohol, obviously, in 2 this state. But why would we market something 3 that is -- or why would we allow something 4 that is being marketed directly to underage 5 drinkers? I have a huge problem with that. 6 SENATOR SABINI: Mr. President, 7 on the bill. 8 ACTING PRESIDENT MEIER: Senator 9 Sabini, on the bill. 10 SENATOR SABINI: Mr. President, I 11 reject the argument that this machine is being 12 marketed to underage drinkers. It is being 13 used in bars and restaurants around the 14 country as a unique way of an evening out. It 15 eliminates carbohydrates from alcohol. It 16 doesn't give you any more alcohol than you put 17 into the machine. 18 If this causes alcoholism, 19 addiction, then let's close all the bars. 20 Because that's in effect what you're saying by 21 saying that this is a dangerous machine. 22 There is no attempt to market this, 23 from what I've seen, to children. I'd be 24 against it if there was. But this is no more 25 dangerous an item that has to be controlled

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(518) 371-8910 1 than a cocktail shaker. Because it's not the 2 machine, it's what you put in it. And we 3 already regulate what you put in it. 4 There are a number of our 5 businesses around this state that are 6 struggling to stay open after we've taken away 7 people's ability to smoke, and we've 8 restricted the activities that go on in bars 9 to the point that a lot of them are hurting. 10 And now we're saying that someone came up with 11 something that some places, some nightclubs 12 are using, and let's make that a crime to even 13 sell it to these nightclubs. 14 I don't think that this is any more 15 dangerous than a cocktail shaker or ice. And 16 so I think this is just another way of saying 17 no and sounding like we're doing something 18 that really isn't doing anything at all. 19 I think we need tough alcoholic 20 beverage control laws in this state; we have 21 them, and we will continue to have them. But 22 I don't see the harm in some of the 23 restaurants and bars in New York State that 24 have used this now. And I believe that those 25 restaurants and bars would use it responsibly.

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(518) 371-8910 1 And I'll be voting no. 2 Thank you. 3 ACTING PRESIDENT MEIER: Senator 4 Young. 5 SENATOR YOUNG: Will Senator 6 Sabini yield to a question. 7 ACTING PRESIDENT MEIER: Senator, 8 do you yield for a question from Senator 9 Young? 10 SENATOR SABINI: Yes. 11 ACTING PRESIDENT MEIER: The 12 Senator yields. 13 SENATOR YOUNG: A year or two ago 14 the State Legislature actually put regulations 15 on kegs and people being able to purchase 16 kegs. And the reason that I bring that up is 17 that we put restrictions on what people could 18 purchase, even though that the product inside 19 the keg is legal. 20 And my question to you is, did you 21 vote for that legislation? 22 SENATOR SABINI: I can't hear 23 what -- what we -- kegs? No, I did not. I 24 voted no. 25 SENATOR YOUNG: Okay. Thank you.

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(518) 371-8910 1 Mr. President, may I speak on the 2 bill? 3 ACTING PRESIDENT MEIER: Senator 4 Young, on the bill. 5 SENATOR YOUNG: I think that most 6 people in this house care about people's 7 health and they would like to see, if alcohol 8 is going to be consumed, that it's consumed in 9 moderation. 10 You know, most people have that 11 check and balance within their own physiology 12 that if they drink 10 or 20 shots in an hour, 13 hopefully their body expels that before they 14 get alcohol poisoning. That's not going to 15 happen in this case. What could happen is 16 severe brain damage. And what could happen is 17 that people are so drunk so quickly that they 18 don't realize how drunk they are, and they get 19 on the road and they kill and maim other 20 people. 21 Now, we just had a great bill 22 earlier today protecting people's health as 23 far as detection of cervical cancer. I think 24 we should be consistent in these areas. This 25 is a major health threat, and we need to

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(518) 371-8910 1 address this problem. 2 So I would urge my colleagues to 3 vote yes on this legislation so that we can 4 protect children and adults in this state. 5 ACTING PRESIDENT MEIER: Senator 6 Schneiderman. 7 SENATOR SCHNEIDERMAN: Thank you. 8 Mr. President, if the sponsor would yield for 9 a few questions. 10 ACTING PRESIDENT MEIER: Senator 11 Young, do you yield for a question? 12 SENATOR YOUNG: Yes, Mr. 13 President. 14 ACTING PRESIDENT MEIER: The 15 sponsor yields. 16 SENATOR SCHNEIDERMAN: I note in 17 the sponsor's memo that we don't know, and I'm 18 quoting from the memo, we don't yet know what 19 kind of health risks are involved with 20 inhaling alcohol. Which indicates that in 21 fact there is no scientific testing. It says 22 no scientific testing has been done. This is 23 in the sponsor's memo. 24 How, then, do we know that there's 25 any greater problem from inhaling alcohol than

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(518) 371-8910 1 drinking alcohol? 2 SENATOR YOUNG: We know, through 3 the medical research that's gone on for many, 4 many years, that alcohol kills brain cells. 5 And that people in the medical community are 6 very concerned about the effects of this 7 because it's so intensified. 8 So we have the research available 9 saying that alcohol kills brain cells. This 10 is magnified and can be consumed at an even 11 greater rate than by drinking it. So even 12 though this is so new we don't have the data, 13 the medical profession is telling us that it 14 does, in fact, in their mind, create a health 15 risk. 16 SENATOR SCHNEIDERMAN: Through 17 you, Mr. President, if the sponsor would 18 continue to yield. 19 ACTING PRESIDENT MEIER: Senator 20 Young, do you yield? 21 SENATOR YOUNG: The sponsor 22 yields. 23 ACTING PRESIDENT MEIER: The 24 sponsor yields. 25 SENATOR SCHNEIDERMAN: Is there

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(518) 371-8910 1 any memo that has been submitted or any 2 documented study of any kind that is available 3 to us -- because the sponsor's memo states 4 that there has been no scientific testing. Is 5 there anything available to us to back up that 6 assertion, to indicate that it's a concern of 7 the medical community that inhaling as opposed 8 to just drinking alcohol by ordinary means is 9 just dangerous? 10 We all know that drinking alcohol 11 is dangerous, kills brain cells, causes drunk 12 driving. What's missing from this argument is 13 any evidence that inhalation is more dangerous 14 than imbibing. 15 Is there any scientific evidence, 16 study, memo in support of this legislation 17 that we could be referred to? 18 SENATOR YOUNG: Mr. President, I 19 think we should apply some common sense here. 20 As we said, we have all kinds of scientific 21 data that says that alcohol kills brain cells. 22 The problem with these machines is, is that 23 when you drink, you get full. And if you 24 drink too much, a lot of times you get sick to 25 your stomach. There are not those

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(518) 371-8910 1 physiological checks and balances with this 2 system. 3 So while my colleague may say, 4 Well, there's no science on this, there's no 5 science on this, I in fact think that there is 6 a ton of science on this. The proven fact is 7 that alcohol kills brain cells and causes 8 brain damage. 9 SENATOR SCHNEIDERMAN: Through 10 you, Mr. President, if the sponsor would 11 continue to yield. 12 ACTING PRESIDENT MEIER: Senator 13 Young, do you yield? 14 SENATOR YOUNG: Yes, I yield. 15 ACTING PRESIDENT MEIER: The 16 sponsor yields. 17 SENATOR SCHNEIDERMAN: So you 18 stated earlier that this -- the alcohol 19 bypasses your gastrointestinal system. Does 20 that mean that inhaling alcohol would result 21 in less liver damage than drinking alcohol? 22 SENATOR YOUNG: Actually, it does 23 go right into your bloodstream. And when it 24 goes into your bloodstream, it does go to all 25 the organs.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: And 2 through you, Mr. President, is this in fact a 3 calorie-free way to consume and enjoy alcohol 4 as advertised? 5 SENATOR YOUNG: That's how it's 6 advertised. I have no idea. 7 SENATOR SCHNEIDERMAN: But it 8 doesn't go into your stomach, so presumably 9 it's lower calorie than just doing shots and 10 beer. 11 SENATOR YOUNG: Well, I guess I'm 12 trying to follow your reasoning. Are you 13 saying that, for example, that if heroin 14 doesn't have any calories that it's okay to 15 take? 16 SENATOR SCHNEIDERMAN: No, no, 17 not at all. I'm just questioning whether or 18 not in fact these claims are true. 19 SENATOR YOUNG: These are claims 20 made by the distributors, not by me. 21 SENATOR SCHNEIDERMAN: Thank you. 22 I'd like to thank the sponsor for her answers. 23 I must admit to being somewhat 24 puzzled at this. On the bill, Mr. President. 25 We don't really have any scientific evidence

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(518) 371-8910 1 about these machines. Obviously, as Senator 2 Sabini has pointed out, the machine in itself 3 is not the problem, it's the alcohol you put 4 into the machine. 5 I don't know if they have other 6 uses, for therapeutic purposes, such as 7 perhaps aromatherapy or something else that 8 requires vaporization. 9 And I appreciate the sponsor's 10 concern with the consumption of alcohol. I 11 just don't see, at this point, that we have 12 the evidence to ban a product like this before 13 us. And I am sympathetic to the effort to 14 be -- better to be safe than sorry. But in 15 this situation, I'm really not sure that the 16 state is prepared to act. And that I would 17 suggest that further scientific evidence 18 should be obtained before we take a step like 19 this. 20 Thank you, Mr. President. 21 ACTING PRESIDENT MEIER: Senator 22 Hannon. 23 SENATOR HANNON: Mr. President, 24 I've heard the argument against this bill, and 25 it seems to me that it is totally misdirected.

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(518) 371-8910 1 The bill itself talks about the use 2 of alcohol-vaporizing devices. The only, only 3 effect of that is to get someone intoxicated. 4 There does not seem to be any other legitimate 5 reason. It's not like, say, a hypodermic 6 needle, where it could be used for illegal 7 substances or for legal substances. 8 The second point that hits me is 9 studies. Do you need studies for that which 10 is obvious? I have several bills that are 11 pending in regard to rescheduling drugs for 12 the schedule so they'll match that which is on 13 the federal drug schedule. The reason for 14 some of those is because they're used as 15 date-rape drugs. We don't have studies, but 16 we do have substantial anecdotal evidence that 17 they're misused. And the same case as here, 18 substantial anecdotal evidence it's being 19 misused. 20 The headlines of every paper show 21 you tragedies that occur when people drive 22 when drunk. There's one in the Post today 23 that talks -- that the headline is "Bodies 24 Strewn All Over the Road." 25 To accept the arguments against

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(518) 371-8910 1 this bill is to ignore reality, and I'm happy 2 that Senator Young has sponsored it. 3 Thank you. 4 ACTING PRESIDENT MEIER: Any 5 other Senator wish to be heard on the bill? 6 Debate is closed. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT BALBONI: Can we 14 please have some order. 15 Senator Sabini, to explain his 16 vote. 17 SENATOR SABINI: Thank you, Mr. 18 President. 19 I thought the debate was 20 interesting. I want to point out that we, 21 both sides of the aisle, have a lot to be 22 proud of in terms of legislation this session 23 for combating drunk driving, particularly 24 Vasean's Law. 25 But I really think that we have to

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(518) 371-8910 1 trust the business owners in this state, who 2 have strict licensures to dispense alcohol, to 3 make some judgment when it comes to the 4 commercial use of this machine. 5 And when it comes to the personal 6 use of this machine in people's homes, much 7 like anything else, or someone's refrigerator, 8 parents have to have some responsibility too 9 as to what goes in it and what comes out of 10 it. 11 So I don't step back from 12 protecting us from the recklessness of drunk 13 driving. I just think that there's nothing 14 inherently wrong with this machine, and I'm 15 voting in the negative. 16 Thank you. 17 ACTING PRESIDENT BALBONI: 18 Senator Sabini, you will be recorded in the 19 negative. 20 Senator Marcellino, to explain his 21 vote. 22 SENATOR MARCELLINO: Listening to 23 this, I hear the comments about a device that 24 in and of itself is harmless. It's not a bad 25 thing, it's only what you put in it. It's

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(518) 371-8910 1 like saying the gun is okay, it's only the 2 bullet that can hurt you. 3 I vote aye. 4 ACTING PRESIDENT BALBONI: 5 Senator Marcellino will be recorded in the 6 affirmative. 7 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1487 are 10 Senators Duane, L. Krueger, Parker, Sabini, 11 Savino and Schneiderman. 12 Absent from voting: Senators 13 Connor and Dilan. Ayes, 52. Nays, 6. 14 ACTING PRESIDENT BALBONI: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1728, by Senator Padavan, Senate Print 5694, 18 an act to amend the General City Law. 19 SENATOR LIZ KRUEGER: 20 Explanation. 21 ACTING PRESIDENT BALBONI: 22 Senator Padavan, an explanation has been asked 23 for your bill. 24 SENATOR PADAVAN: Mr. President, 25 this deals with the very successful Relocation

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(518) 371-8910 1 and Employment Assistance Program, which since 2 1995 has been helpful in encouraging 3 businesses to move into New York City and move 4 into some of the outer boroughs in terms of 5 economic development, providing new jobs, 6 providing new revenues and generally improving 7 the economic climate of the City of New York. 8 The bill before us would expand the 9 REAP program for certain categories of 10 businesses which have had a national increase 11 in terms of growth but, unfortunately, in the 12 City of New York, while growing, have not 13 grown at the same rate. These are areas that 14 involve the biotech industry, computer systems 15 design businesses, and certain other growth 16 industries which nationally are ballooning in 17 terms of development jobs and so on, but in 18 the City of New York they are not. 19 So what we're doing with this bill 20 is increasing the REAP amount to $8,000 for 21 those specific industries. 22 ACTING PRESIDENT BALBONI: 23 Senator Krueger. 24 SENATOR LIZ KRUEGER: Thank you, 25 Mr. President. If, through you, the sponsor

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(518) 371-8910 1 would yield. 2 SENATOR PADAVAN: Yes. 3 SENATOR LIZ KRUEGER: Thank you. 4 Senator, as you just explained in 5 your explanation, this expands the universe of 6 businesses who would be eligible, and it also 7 dramatically increases the value of the tax 8 credit, which had started out as a $500 per 9 worker tax credit, then moved to $1,000, then 10 moved to $3,000. And this would add an 11 additional $5,000 for these target growth 12 industries. So it would be an $8,000 tax 13 credit per job. 14 Is there any projection on how much 15 lost tax revenue we would expect from this 16 significant expansion, both in universe of 17 industries covered and the dollar value per 18 job? 19 SENATOR PADAVAN: Senator, if you 20 were listening to what I said, is we're trying 21 to attract these businesses. 22 Let's take biotech. In your 23 borough, as an example, we have a wealth of 24 biotech talent associated with universities 25 and others. Yet the industry is not coming to

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(518) 371-8910 1 New York City where you would assume, with 2 that intellectual value, that capacity in 3 terms of people in the biotech field, it would 4 be the case. 5 So we're attracting business into 6 New York City. That's what the purpose here 7 is doing. So when we attract business into 8 New York City, while we're giving a REAP 9 advantage, an increase to $8,000 -- and you're 10 correct. And by the way, it's currently in 11 some cases $3,000, and this bill would also 12 raise that to $5,000. But nevertheless, we 13 are providing that credit -- we will increase 14 our economic base and in the reasonably short 15 term, if not the long term, we will increase 16 revenues to the City of New York. 17 SENATOR LIZ KRUEGER: Mr. 18 President, through you, if the sponsor would 19 continue to yield. 20 ACTING PRESIDENT BALBONI: 21 Senator Padavan, do you continue to yield? 22 SENATOR PADAVAN: Yes. 23 ACTING PRESIDENT BALBONI: The 24 Senator continues to yield. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 I appreciate the Senator's 2 response. And I don't think we disagree that 3 we want to draw new jobs into the City of 4 New York, and we want to draw new, good-paying 5 jobs. And as you mentioned, REAP's been 6 around for a while. 7 But where I perhaps differ in my 8 analysis is it's not clear to me that this tax 9 credit per job is what's either drawing new 10 jobs into New York or will draw new jobs into 11 New York. 12 My understanding -- again, you 13 pointed out my borough. My understanding is 14 that some of the reasons why we're not drawing 15 high-tech industries into New York City is, 16 one, the cost of the land for building 17 facilities and the cost of building 18 facilities. And also the fact that, say, we 19 haven't been able to pass a stem-cell bill in 20 this state clarifying what's legal and not 21 legal for many of the biotechnology and 22 physical-science developing businesses. 23 But I haven't seen a lot of 24 information out there arguing that the reason 25 companies are not coming to New York City is

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(518) 371-8910 1 because of the local tax costs for new 2 employees. So I was wondering where we know, 3 based on the experience of REAP to date, that 4 this is the right model. Although I agree we 5 want to do things we ought to do to encourage 6 businesses to come, expand, and stay in our 7 city. 8 SENATOR PADAVAN: First, your 9 point about the costs being higher is correct. 10 And the REAP program is intended to offset 11 that, so that deterrent will no longer exist 12 in the net result. 13 I should also point out that this 14 is an authorization. This is an authorization 15 to the City of New York to adopt these 16 incentives. It is not a mandate. So they 17 will be able to selectively decide where and 18 how they want to do this, within the confines 19 of the legislation. 20 SENATOR LIZ KRUEGER: Mr. 21 President, through you, if the sponsor would 22 continue to yield. 23 ACTING PRESIDENT BALBONI: 24 Senator Padavan, do you continue to yield? 25 SENATOR PADAVAN: One more

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(518) 371-8910 1 question, Mr. President. 2 ACTING PRESIDENT BALBONI: 3 Senator Padavan will yield for one more 4 question, Senator Krueger. 5 SENATOR KRUEGER: And I had one 6 more, so that's perfect. 7 ACTING PRESIDENT BALBONI: 8 Perfect timing. 9 SENATOR LIZ KRUEGER: Very nice. 10 This would give a tax advantage to 11 businesses in one set of arenas -- 12 biotechnology, physical science, computer 13 system design, business and management, 14 scientific and technical consulting business 15 services, which I would guess is actually a 16 fairly broad arena in our city. It would give 17 a tax advantage to these businesses over other 18 more traditional industries like manufacturing 19 or retail. 20 Do you have any concern about the 21 inequity in the tax policy where one set of 22 businesses pay lower taxes to the City of 23 New York than others? 24 SENATOR PADAVAN: No. 25 SENATOR LIZ KRUEGER: Thank you,

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(518) 371-8910 1 Mr. President. On the bill. 2 ACTING PRESIDENT BALBONI: On the 3 bill. 4 SENATOR LIZ KRUEGER: Thank you. 5 I appreciate the sponsor's answers. 6 And I know that he and I both have the same 7 goals. We want to expand business activities 8 in the City of New York. We want good-paying 9 jobs. We want growth in our economic 10 development. We want high-tech businesses to 11 come, to stay, to flourish. 12 My concern is that much research 13 that has been done around tax-exemption 14 retention and job-development deals show that 15 this model doesn't work. It doesn't actually 16 accomplish its mission. 17 There are no clawback requirements 18 in this bill if companies fail to meet their 19 obligations. There's no clarification of 20 whether these jobs have to pay living wages 21 with benefits, whether there has to be good 22 corporate responsibility by the companies, 23 whether this would in fact expand the number 24 of jobs in these businesses or simply lower 25 the economic tax revenue to the City of

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(518) 371-8910 1 New York. 2 I do understand that the city, at 3 least the City Council is supporting this. 4 I'm not sure that the City of New York overall 5 is -- the mayor's office, rather. I don't 6 know whether they support it or not. 7 But again, my experience with 8 reviewing research on tax exemption bills for 9 certain subindustries leads me to believe that 10 these aren't models that are working and that 11 there are better ways for us to move forward. 12 So as I often do, I support certain 13 tax exemption bills on this floor and I object 14 to others. I don't think this bill meets the 15 test, although I completely respect the goal 16 of those who are continuing to struggle to 17 figure out how we keep and attract and retain 18 good-paying jobs. 19 And so I'll be voting no. Thank 20 you, Mr. President. 21 ACTING PRESIDENT BALBONI: Any 22 other Senator wishing to be heard? 23 Ring the bells. 24 Read the last section. 25 THE SECRETARY: Section 19. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT BALBONI: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1728 are 7 Senators Duane and L. Krueger. 8 Absent from voting: Senators 9 DeFrancisco and Dilan. 10 Ayes, 56. Nays, 2. 11 ACTING PRESIDENT BALBONI: The 12 bill is passed. 13 Senator Libous. 14 SENATOR LIBOUS: Mr. President, 15 could you temporarily lay aside Calendar 16 Number 1744, please. 17 ACTING PRESIDENT BALBONI: 18 Calendar Number 1744 has been laid aside. 19 THE SECRETARY: Calendar Number 20 1851, by the Senate Committee on Rules, Senate 21 Print Number 5886, an act to amend the Labor 22 Law. 23 ACTING PRESIDENT BALBONI: 24 Senator Libous. 25 SENATOR LIBOUS: Mr. President,

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(518) 371-8910 1 this was inadvertently laid aside. Could we 2 take this up as a noncontroversial issue. 3 ACTING PRESIDENT BALBONI: 4 Noncontroversial calendar. 5 Clerk will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BALBONI: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT BALBONI: The 13 bill is passed. 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, 16 could we please now have the noncontroversial 17 reading of Supplemental Calendar A, please. 18 ACTING PRESIDENT BALBONI: We'll 19 now have the reading of the noncontroversial 20 Supplemental Calendar A. 21 Clerk will read. 22 THE SECRETARY: Calendar Number 23 1853, by Senator LaValle, Senate Print 1365B, 24 an act to amend the Environmental Conservation 25 Law.

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(518) 371-8910 1 ACTING PRESIDENT BALBONI: Read 2 the last section. 3 THE SECRETARY: Section 28. This 4 act shall take effect immediately. 5 ACTING PRESIDENT BALBONI: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT BALBONI: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1854, by Senator Winner, Senate Print 2616, an 13 act to amend the Highway Law. 14 ACTING PRESIDENT BALBONI: Read 15 the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT BALBONI: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT BALBONI: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1855, by Senator Young, Senate Print 3083, an

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(518) 371-8910 1 act to amend the Tax Law. 2 ACTING PRESIDENT BALBONI: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of a 6 sales tax quarterly period. 7 ACTING PRESIDENT BALBONI: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT BALBONI: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1856, Senator Young moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 4534C and substitute it 18 for the identical Senate Bill Number 3176C, 19 Third Reading Calendar 1856. 20 ACTING PRESIDENT BALBONI: 21 Substitution is ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1856, by Member of the Assembly Magee, 25 Assembly Print Number 4534C, an act to amend

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(518) 371-8910 1 the Agriculture and Markets Law. 2 ACTING PRESIDENT BALBONI: Read 3 the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT BALBONI: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT BALBONI: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1857, Senator Leibell moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 6721A and substitute it 16 for the identical Senate Bill Number 3624A, 17 Third Reading Calendar 1857. 18 ACTING PRESIDENT BALBONI: 19 Substitution is ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1857, by Member of the Assembly Bradley, 23 Assembly Print Number 6721A, an act to amend 24 the Transportation Law. 25 ACTING PRESIDENT BALBONI: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT BALBONI: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT BALBONI: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1858, by Senator Larkin, Senate Print 3655, an 12 act to amend the Tax Law. 13 ACTING PRESIDENT BALBONI: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect December 1, 2005. 17 ACTING PRESIDENT BALBONI: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1858 are 22 Senators Duane, L. Krueger and Winner. 23 Ayes, 57. Nays, 3. 24 ACTING PRESIDENT BALBONI: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1859, by Senator Spano, Senate Print 4171, an 3 act to amend the Election Law. 4 ACTING PRESIDENT BALBONI: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BALBONI: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1859: 13 Senators Little and Winner. Also Senator 14 Seward. 15 Ayes, 57. Nays, 3. 16 ACTING PRESIDENT BALBONI: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 1860, Senator Fuschillo moves 20 to discharge, from the Committee on Education, 21 Assembly Bill Number 6283A and substitute it 22 for the identical Senate Bill Number 4313, 23 Third Reading Calendar 1860. 24 ACTING PRESIDENT BALBONI: 25 Substitution is ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1860, by Member of the Assembly Weisenberg, 4 Assembly Print Number 6283A, an act to amend 5 the Education Law. 6 ACTING PRESIDENT BALBONI: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT BALBONI: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT BALBONI: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1861, by Senator Leibell, Senate Print 4464, 18 an act to amend the Tax Law. 19 ACTING PRESIDENT BALBONI: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BALBONI: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT BALBONI: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1862, Senator Golden moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 7423A and substitute it 9 for the identical Senate Bill Number 4529A, 10 Third Reading Calendar 1862. 11 ACTING PRESIDENT BALBONI: 12 Substitution is ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1862, by Member of the Assembly Boyland, 16 Assembly Print Number 7423A, an act to amend 17 the General Municipal Law. 18 ACTING PRESIDENT BALBONI: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT BALBONI: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT BALBONI: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1863, by Senator Padavan, Senate Print 4574A, 5 an act to amend the Local Finance Law. 6 ACTING PRESIDENT BALBONI: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT BALBONI: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT BALBONI: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1865, by Senator Valesky, Senate Print 5550A, 18 an act to amend the Highway Law. 19 ACTING PRESIDENT BALBONI: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BALBONI: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT BALBONI: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1867, by Senator Seward, Senate Print 5582A, 6 an act to amend the Insurance Law. 7 ACTING PRESIDENT BALBONI: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT BALBONI: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT BALBONI: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1868, by Senator Maltese, Senate Print 5596 -- 19 SENATOR SCHNEIDERMAN: Lay it 20 aside. 21 ACTING PRESIDENT BALBONI: Lay 22 the bill aside. 23 THE SECRETARY: Calendar Number 24 1869, by Senator Johnson, Senate Print 5649A, 25 an act to amend the Environmental Conservation

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(518) 371-8910 1 Law. 2 ACTING PRESIDENT BALBONI: 3 Senator LaValle, why do you rise? 4 SENATOR LaVALLE: I rise to 5 explain my vote, Mr. President. 6 ACTING PRESIDENT BALBONI: Read 7 the last section first, please. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT BALBONI: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT BALBONI: 14 Senator LaValle, to explain his vote. 15 SENATOR LaVALLE: Mr. President, 16 this is actually a very historic moment with 17 passage of this bill. I think it's the first 18 time in I don't know how many years that there 19 is a bill dealing with marine life fisheries. 20 And it's a Johnson-LaValle bill. 21 It's a good bill dealing with scallops. I 22 vote in the affirmative. 23 ACTING PRESIDENT BALBONI: 24 Senator LaValle will be recorded in the 25 affirmative.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT BALBONI: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1870, by Senator Flanagan, Senate Print -- 7 SENATOR LIBOUS: Lay it aside for 8 the day, please. 9 ACTING PRESIDENT BALBONI: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 1871, by the Senate Committee on Rules, Senate 13 Print Number 5809, an act to amend Chapter 370 14 of the Laws of 2001. 15 ACTING PRESIDENT BALBONI: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT BALBONI: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT BALBONI: The 24 bill is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1872, Senator Johnson moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 8910 and substitute it 4 for the identical Senate Bill Number 5845, 5 Third Reading Calendar 1872. 6 ACTING PRESIDENT BALBONI: 7 Substitution is ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1872, by the Assembly Committee on Rules, 11 Assembly Print Number 8910, an act to amend 12 the Real Property Tax Law and the 13 Environmental Conservation Law. 14 ACTING PRESIDENT BALBONI: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the same date as a 18 chapter of the Laws of 2005. 19 ACTING PRESIDENT BALBONI: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT BALBONI: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1873, by Senator Flanagan -- 2 SENATOR SCHNEIDERMAN: Lay it 3 aside. 4 ACTING PRESIDENT BALBONI: Lay 5 the bill aside. 6 THE SECRETARY: Calendar Number 7 1874, by Senator Morahan, Senate Print -- 8 SENATOR SCHNEIDERMAN: Lay it 9 aside. 10 ACTING PRESIDENT BALBONI: Lay 11 that bill aside. 12 THE SECRETARY: Calendar Number 13 1875, by Senator Flanagan, Senate Print 5878, 14 an act to create the Kings Park land 15 redevelopment task force. 16 ACTING PRESIDENT BALBONI: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT BALBONI: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT BALBONI: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1876, by the Senate Committee on Rules, Senate 3 Print Number 5884, an act to amend a chapter 4 of the Laws of 2005. 5 ACTING PRESIDENT BALBONI: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the same date and in 9 the same manner as a chapter of the Laws of 10 2005. 11 ACTING PRESIDENT BALBONI: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT BALBONI: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1877, by the Senate Committee on Rules, Senate 19 Print Number 5885, an act to amend Chapter 582 20 of the Laws of 2004. 21 ACTING PRESIDENT BALBONI: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT BALBONI: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT BALBONI: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1879, by Senator Meier, Senate Print 5825, an 8 act to amend the State Finance Law. 9 ACTING PRESIDENT BALBONI: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect immediately. 13 ACTING PRESIDENT BALBONI: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT BALBONI: The 19 bill is passed. 20 THE SECRETARY: Excuse me. In 21 relation to Calendar Number 1879: Ayes, 58. 22 Nays, 2. Senators Duane and Hassell-Thompson 23 recorded in the negative. 24 ACTING PRESIDENT BALBONI: The 25 bill is passed again.

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(518) 371-8910 1 Senator Libous, that completes the 2 calendar of noncontroversial bills. 3 SENATOR LIBOUS: Mr. President, 4 with your approval, could we move to the 5 controversial calendar, please. 6 ACTING PRESIDENT BALBONI: The 7 Secretary will ring the bell. 8 Senator Volker, why do you rise? 9 SENATOR VOLKER: Mr. President, 10 may I make an inquiry on Calendar Number 1878, 11 which is the Erie County fiscal stability 12 board. 13 That bill is still high, and we 14 don't have a message yet; is that correct? 15 ACTING PRESIDENT BALBONI: 16 According to the Secretary, that is correct. 17 SENATOR VOLKER: Thank you. 18 ACTING PRESIDENT LITTLE: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1868, by Senator Maltese, Senate Print 5596, 22 an act to amend the Administrative Code of the 23 City of New York. 24 SENATOR LIZ KRUEGER: 25 Explanation.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Krueger has requested an 4 explanation from Senator Maltese. 5 SENATOR MALTESE: Madam 6 President, this bill is a bill to amend the 7 Administrative Code of the City of New York in 8 relation to providing tax credits for eligible 9 businesses that relocate to industrial 10 business zones in the City of New York. 11 In addition, it creates an 12 Industrial Business Zone Boundary Commission 13 and the designation, repeal and amendment of 14 those zones. 15 The bill would provide that this 16 Industrial Business Zone Boundary Commission 17 shall have the authority to designate, amend 18 and repeal the boundaries. In addition, to 19 sets up the memberships of that commission 20 which would include most of the building -- 21 most of the commissioners of the City of 22 New York dealing with business, industry and 23 building, would include five borough 24 presidents, would include a member of the 25 community to sit and make decisions as far as

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(518) 371-8910 1 expanding and decreasing the boundaries of the 2 industrial business zones. 3 The tax credit would apply against 4 the unincorporated business tax and would also 5 apply against the general corporation tax. 6 Eligible businesses relocating to such zones, 7 the credit would not exceed the actual 8 relocation cost of $100,000 and would provide 9 for $1,000 per full-time employee. 10 It also provides that any two 11 employees whose working hours add up to 12 approximately 30 hours would also apply for 13 $1,000. 14 Basically, in the fifties, there 15 were 2 million industrial employees in the 16 City of New York. Now we are down to less 17 than 500,000. What the mayor of the City of 18 New York and the City of New York is 19 attempting to do is provide incentives for 20 businesses relocating within the City of 21 New York and providing business opportunities. 22 The some 500,000 employees are 23 15 percent of the city's entire business 24 workforce. 25 It's an important bill, it's a bill

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(518) 371-8910 1 that would provide incentives for business. 2 It would do something about the blue-collar 3 workers. Queens is the county that would 4 appear to be most beneficially affected, but 5 it basically would affect all of the counties 6 of the City of New York. 7 The workforce that is affected is 8 almost wholly blue-collar and is primarily -- 9 many immigrants are involved in this. This is 10 a helpful -- a bill helpful to economic 11 development in the City of New York, helpful 12 to providing a business climate for industry. 13 In a time when so many zoning 14 changes and overdevelopment is affecting 15 industries that provide working opportunities 16 for workers in the City of New York, this bill 17 would seek to provide some equity so that 18 businesses can have some stability, attract 19 working people, and provide for the tax base 20 of the City of New York. 21 ACTING PRESIDENT LITTLE: Thank 22 you, Senator. 23 SENATOR LIZ KRUEGER: Madam 24 President, if, through you, the sponsor would 25 yield.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Maltese, do you yield? 4 SENATOR MALTESE: Yes, Madam 5 President. 6 ACTING PRESIDENT LITTLE: The 7 Senator yields. 8 SENATOR LIZ KRUEGER: Thank you. 9 And thank you for the detailed 10 explanation. Only just a couple of questions 11 on this bill. 12 One, I agree completely we have to 13 do something to try to retain and even create 14 new industrial blue-collar jobs in the City of 15 New York. And I agree that it 16 disproportionately affects your borough. 17 But I wonder why we're limiting it 18 to specific zones. Since the goal is to 19 encourage these jobs to move into New York 20 City, why wouldn't we just do across the board 21 for people who are starting businesses or 22 moving to New York City to do industry? Why 23 do we limit it to these select zones? 24 SENATOR MALTESE: I'm sorry, I 25 didn't hear the end of the question, Senator.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Why do we 2 limit this tax credit only for industry in 3 specific zones? Why, if an industry decides 4 to move to a small geographic corner of an 5 area that is not in the zone, wouldn't they 6 get the tax credit? 7 SENATOR MALTESE: Through you, 8 Madam President, I think one of the problems 9 is the amount of tax revenue that the City of 10 New York would have to give up. 11 Right now this is all a follow-up 12 to the creation of the industry and 13 manufacturing offices that the Mayor of 14 New York created in conjunction with the city. 15 As a result, this is a -- you could call it a 16 preliminary effort to try to create an 17 extension of these industrial and business 18 zones. 19 Right now there are only 14 20 industrial areas affected by it in the city. 21 I imagine, if it is successful, you would very 22 well have it increased. And one of the 23 functions of the commission would be to 24 increase the borders, which could very well 25 end up increasing the areas affected.

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(518) 371-8910 1 As I state, the tax revenues that 2 would be affected would have to be taken into 3 consideration, because the amount that would 4 be paid out in some cases would affect the tax 5 base of the city. 6 Which, by the way, the industry 7 provides a significant portion of the -- of 8 tax revenues for the City of New York. And if 9 they don't have a place to set up business or 10 locate, you would end up having a diminishing 11 return for tax revenues for the City of 12 New York. 13 SENATOR LIZ KRUEGER: Thank you. 14 Madam President, on the bill. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Krueger, on the bill. 18 SENATOR LIZ KRUEGER: Thank you. 19 I want to thank the sponsor. I am 20 happy to support this bill. I did want to ask 21 the questions to elicit the answer. 22 Just a few minutes ago I argued 23 against a bill that will give an $8,000 credit 24 for companies who actually tend to hire very 25 high-paying people with good benefits who are

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(518) 371-8910 1 likely not to be in desperate situations. 2 Senator Maltese's bill, though, is 3 targeted specifically to an arena that we are 4 desperate to help in New York City. There is 5 no question we need to try to hold on to some 6 very minimal base of manufacturing and 7 blue-collar jobs. And it is, in fact, one of 8 the key areas where we suffer the highest 9 unemployment rate, people who don't have other 10 alternatives for employment. If they can't 11 find manufacturing jobs because we don't have 12 any in the City of New York, we all pay a 13 significant price. 14 My only concern is although he 15 addressed it that perhaps this is a pilot 16 attempt, it seems to me that if it's good for 17 us to support manufacturing in one geographic 18 area, it's good for us to support it in other 19 areas of the city. So I might argue that we 20 should have made this available to anyone 21 across an industry for equity purposes. 22 And, second, I just want to 23 highlight that for these jobs we offer a 24 $1,000 maximum tax credit while in the 25 previous bill that I didn't support it was an

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(518) 371-8910 1 $8,000 tax credit. So I respect your point 2 that maybe this is too great a loss of revenue 3 to the City of New York, but my reason for 4 supporting your bill is in fact a 5 reaffirmation of my reason for not supporting 6 the previous REAP bill. 7 Nobody has done the fiscal 8 analysis, either of the win from this kind of 9 program or the lost revenue to the City of 10 New York. Nonetheless, we absolutely know 11 that we should be doing more to try to support 12 a continued base of manufacturing and industry 13 in the city. 14 So I support your bill. I hope 15 we'll go further. But more important, I 16 think, also for us here in the Legislature, we 17 need to ask more questions about how these 18 programs work -- whether they're successful, 19 whether they're not, what the cost to the 20 locality or the state is, whether we are 21 rational in our decisions about when we give 22 tax exemptions or credits or when we don't. 23 Because I wonder about the 24 difference between an $8,000 per employee 25 credit and a $1,000 per employee credit. The

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(518) 371-8910 1 City of New York will take the hit for both. 2 But who decided between those, and who 3 prioritized? 4 So I will be voting yes, and I 5 appreciate your comments. 6 Thank you, Madam President. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Is there any other Senator who 10 wishes to speak on the bill? 11 The debate is closed. The 12 Secretary will ring the bell. 13 Read the last section. 14 THE SECRETARY: Section 6. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT LITTLE: Senator 20 Montgomery, to explain your vote. 21 SENATOR MONTGOMERY: Yes, thank 22 you, Madam President. 23 I just want to join my colleague 24 Senator Krueger in supporting this legislation 25 that Senator Maltese has introduced. Clearly

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(518) 371-8910 1 it's something that's going to benefit many of 2 us. 3 A district like mine, for instance, 4 where there's a tremendous amount of tension 5 and struggle to maintain as much industrial 6 and manufacturing business as possible, and to 7 also encourage new industries to come into the 8 district, I think this is going to be welcomed 9 by them and helpful. And so I'm going to be 10 supporting this legislation. 11 Thank you. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Montgomery will be recorded 15 in the affirmative. 16 Senator Stavisky. 17 SENATOR STAVISKY: Madam 18 President, as someone who represents Queens 19 County, I recognize the needs of these 20 businesspeople and the manufacturers, and this 21 can only help in the economic development 22 which will contribute to the city's tax base. 23 And I'm delighted to support this 24 legislation. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Stavisky will be recorded in the affirmative. 2 The Secretary will announce the 3 results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 Senator Libous. 8 SENATOR LIBOUS: Madam President, 9 would you please recognize Senator 10 DeFrancisco. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator DeFrancisco. 14 SENATOR DeFRANCISCO: Yes, I was 15 out of the chambers when the vote was taken on 16 Calendar Number 1728, Senate 5694, with an 17 unavoidable conflict. Had I been here, I 18 would have voted yes. 19 ACTING PRESIDENT LITTLE: The 20 record will so reflect. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1873, by Senator Flanagan, Senate Print 5871, 24 an act to amend the Election Law and the State 25 Finance Law.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: 2 Explanation. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Flanagan, for an 6 explanation. 7 SENATOR FLANAGAN: Thank you, 8 Madam President. 9 This is one of the bills that would 10 be perhaps considered to be part of the HAVA 11 package that we've been dealing with this 12 year. And this is the only bill, as part of 13 the package, that does not happen to be agreed 14 upon with the Assembly. But I think it's 15 important to highlight some of the aspects of 16 the bill that change present law. 17 I'd fundamentally say that our 18 goal, and I think the goal of everybody in 19 this room, is to make sure that anybody's 20 who's eligible to vote who's registered to 21 vote who shows up at a polling place should 22 have the proper access, not only to a machine 23 but to any facility or building where the 24 person may be actually trying to vote. 25 And we have not done anything to

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(518) 371-8910 1 deviate that. In fact, I think we've made the 2 law stronger. 3 The highlights of this bill would 4 be the following. We repeal the waiver 5 provisions that have concerned many advocates 6 for a number of years. That's a very 7 significant step. We create a citizen's 8 advisory committee, and that's done within the 9 context of the machine bill that we'll be 10 doing quite soon. And there are at least four 11 out of the 12 members of that committee who 12 are from the disabled community. 13 And I would also say that this bill 14 represents a step forward and beyond the 15 requirements of HAVA. HAVA calls for -- 16 actually calls for machines to be compliant 17 for the 2006 election. What this bill does is 18 go beyond and make sure that polling sites 19 also are compliant. There is correspondence 20 from the Justice Department that says what 21 good is it to have a machine that's compliant 22 if the person can't get into the building. 23 And then probably perhaps the most 24 significant aspect of this bill is we've 25 actually provided money. There's $5 million

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(518) 371-8910 1 appropriated from the HAVA funds for 2 municipalities to come to the State of 3 New York and say: Here are our issues, here 4 are our problems, we need some help from the 5 State of New York. That will be controlled 6 and regulated by the State Board of Elections, 7 and there's $5 million to do that. 8 I believe this is a very positive 9 bill and a very strong step forward. 10 ACTING PRESIDENT LITTLE: Thank 11 you, Senator. 12 Senator Schneiderman. 13 SENATOR SCHNEIDERMAN: Thank you, 14 Madam President. On the bill. 15 ACTING PRESIDENT LITTLE: Thank 16 you. On the bill. 17 SENATOR SCHNEIDERMAN: This 18 unfortunately is a one-house bill on what many 19 of us believe to be an extremely important 20 issue, handicapped access to polling sites. 21 And this is perhaps a gesture 22 towards access, but it is a gesture that I 23 believe falls far short. It is not as good as 24 the counterpart bill in the Assembly. It 25 provides the absurd sum of $5 million

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(518) 371-8910 1 statewide to make polling places accessible. 2 And it provides further waivers, it provides 3 further delays in the requirements and I think 4 that in fact may be completely inconsistent 5 with HAVA and possibly subject to litigation. 6 This will delay handicapped access 7 to polling. It doesn't provide enough money. 8 We have to do better than this. So I would 9 urge all of my colleagues, until we come to 10 agreement on something that is a meaningful 11 bill to provide the funds and close the 12 loopholes, we should not be supporting a 13 futile gesture and a flawed gesture at that. 14 I vote no and encourage everyone to 15 vote no. 16 ACTING PRESIDENT LITTLE: Is 17 there any other Senator wishing to be heard? 18 Senator Flanagan. 19 SENATOR FLANAGAN: Madam 20 President, on the bill. 21 ACTING PRESIDENT LITTLE: On the 22 bill. 23 SENATOR FLANAGAN: I listened to 24 the comments of my colleague Senator 25 Schneiderman, and I would respectfully

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(518) 371-8910 1 disagree on a couple of different points. 2 Number one, there's a tremendous 3 amount of work that's gone into this issue. 4 This is not a gesture. This is actual 5 legislation. This is an important piece of 6 legislation that we're moving forward to help 7 the disabled community, to make sure that 8 people have access to voting facilities. 9 Now, the representation was made, 10 to quote, that the sum of $5 million is 11 absurd. Let me make one very clear 12 distinction. The Assembly has done nothing. 13 They haven't provided a nickel, not a dime, 14 not a dollar, not a million dollars. This 15 bill provides $5 million. 16 And the intention of this bill was 17 never to go to municipalities and say, By the 18 way, we're going to build you a new building 19 for $5 million. We want to work with them. 20 They have to come to the state, show what they 21 need, make a compelling case to the State 22 Board of Elections, and then, then they may be 23 eligible for funding. 24 But to suggest that $5 million is 25 insignificant is frankly offensive. This bill

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(518) 371-8910 1 is a good-faith effort. It is far more than a 2 gesture. And it is something that everybody 3 should be voting for and be proud of, because 4 it goes beyond the requirements of HAVA and 5 it's a very positive step forward for the 6 voting public in the State of New York. 7 ACTING PRESIDENT LITTLE: Thank 8 you, Senator. 9 Is there any other Senator wishing 10 to be heard? 11 The debate is closed. The 12 Secretary will ring the bell. 13 Read the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT LITTLE: The 20 Secretary will announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1873 are 23 Senators Andrews, Breslin, Connor, Diaz, 24 Dilan, Duane, Hassell-Thompson, L. Krueger, 25 C. Kruger, Montgomery, Parker, Paterson,

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(518) 371-8910 1 Sabini, Sampson, Savino, Schneiderman, 2 A. Smith and Stavisky. 3 Ayes, 42. Nays, 18. 4 ACTING PRESIDENT LITTLE: The 5 bill is passed. 6 The Secretary will read. 7 THE SECRETARY: In relation to 8 Calendar Number 1874, Senator Morahan moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8954 and substitute it 11 for the identical Senate Bill Number 5876, 12 Third Reading Calendar 1874. 13 ACTING PRESIDENT LITTLE: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1874, by the Assembly Committee on Rules, 18 Assembly Print Number 8954, an act to amend 19 the Mental Hygiene Law. 20 SENATOR MONTGOMERY: Explanation. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Could we have quiet in the chamber, 24 please. 25 Senator Morahan, for an

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(518) 371-8910 1 explanation. 2 SENATOR MORAHAN: Thank you, 3 Madam President. 4 This bill amends the Mental Hygiene 5 Law in relationship to the assisted outpatient 6 program. It extends the existing program to 7 June 30, 2010. 8 It also calls for the Commission of 9 Mental Health to contract to an outside agency 10 an evaluation and give quarterly reports on 11 the progress of the study and have the study 12 back one year prior to the expiration of this 13 law. 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator. 16 SENATOR MONTGOMERY: Madam 17 President, Senator Duane would like to ask 18 some questions. 19 SENATOR DUANE: Thank you, Madam 20 President. If the sponsor would yield. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Morahan, do you yield for a 24 question? 25 SENATOR MORAHAN: Yes, I do.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 The Senator yields. 4 If we could have it quiet, however, 5 while they are debating the bill, please. 6 SENATOR DUANE: Thank you, Madam 7 President. 8 I just want to refer to, and I'm 9 hoping the sponsor has the same version, page 10 12 of the bill, line -- actually, if we can 11 just go down to line 33. I'm sorry, let me go 12 back up further. 13 Line 26 says -- this is regarding 14 the external evaluation report, which I think 15 is actually a very good thing. But it says -- 16 SENATOR MORAHAN: I can't hear 17 him, Madam President. 18 ACTING PRESIDENT LITTLE: We 19 can't even hear the questions, so the sponsor 20 cannot answer. 21 SENATOR DUANE: It reads as 22 follows: External evaluation report -- which 23 I think is a very good thing. It refers to 24 there will be an external evaluation report. 25 But it says: "The commissioner of mental

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(518) 371-8910 1 health, subject to appropriation therefor, 2 shall contract with an external research 3 organization." And I'm wondering what that 4 appropriation will be. 5 SENATOR MORAHAN: There's been no 6 estimate on what that appropriation would be. 7 We do know that it would not be impacted by 8 this year's fiscal calendar -- fiscal budget. 9 The appropriation would probably be in the 10 next budget. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 SENATOR DUANE: Through you, 14 Madam President, if the sponsor would continue 15 to yield. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Morahan, do you continue to 19 yield? 20 SENATOR MORAHAN: Yes, I do. 21 ACTING PRESIDENT LITTLE: The 22 Senator yields. 23 SENATOR DUANE: If you go down to 24 line 33 on the same page, it says: 25 "Availability of nonstate dollars to support

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(518) 371-8910 1 the project." 2 Does that mean that an agency that 3 has substantial private or foundation or other 4 government funding besides will be -- other 5 than the government funding besides the 6 state -- will have a better chance at getting 7 the contract to do the evaluation and report? 8 SENATOR MORAHAN: I don't know if 9 they would get the contract. But we're 10 certainly open to other groups helping with 11 the finances of the study, yes. 12 That's just to leave the door open 13 so that we would get funding from other 14 sources. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 SENATOR DUANE: And through you, 18 Madam President, if the sponsor would continue 19 to yield. 20 ACTING PRESIDENT LITTLE: Senator 21 Morahan, do you continue to yield? 22 SENATOR MORAHAN: Yes, I do, 23 Madam President. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 The Senator yields. 2 SENATOR DUANE: If the 3 appropriation for the study will be in next 4 year's budget, when would the report be 5 expected to be made available? 6 SENATOR MORAHAN: The report 7 would have to be finalized by 2009. 8 SENATOR DUANE: Okay. Thank you, 9 Madam President. On the bill. 10 ACTING PRESIDENT LITTLE: Thank 11 you. On the bill. 12 SENATOR DUANE: There are 13 improvements to the bill which I commend the 14 sponsor for making to this bill. 15 I am, however, still very concerned 16 that the legislation, in addition to not 17 having an appropriation for the study, doesn't 18 have appropriations for the services which I 19 think are the first line of defense against 20 seeing the same kind of tragedy that befell 21 Kendra. 22 And I also think that in the 23 absence of our passing Timothy's Law, we're 24 still going to have a giant gap in the 25 provision of mental health services in our

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(518) 371-8910 1 state, mental health services that really 2 would go a long way towards having a healthier 3 New York State and avoiding tragedies like the 4 tragedy that befell Kendra and, frankly, like 5 the tragedy that befell Timothy. 6 And in the past, the last time, I 7 did vote no on this bill. However, this year, 8 because of the improvements that have been 9 made to the legislation, even though I think 10 that more needs to be done, I'm going to be 11 voting in the affirmative. 12 And I also want to again make the 13 strongest possible pitch for additional 14 funding for programs for those who are trying 15 to recover from mental illness as well as for 16 all New Yorkers who need to get the services 17 and care they need if we did have parity for 18 mental health in our state. 19 Thank you, Mr. President. 20 ACTING PRESIDENT MEIER: Any 21 other Senator wish to be heard on the bill? 22 Senator Young. 23 SENATOR YOUNG: Thank you, Mr. 24 President. On the bill. 25 First, I want to thank my colleague

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(518) 371-8910 1 Senator Morahan for making sure that this bill 2 passed. 3 This law is based on a constituent 4 from my district, Kendra Webdale, who was 5 tragically killed more than five years ago 6 when she was pushed in front of a subway train 7 in New York City by a mental health patient 8 that was not taking his medication, nor was he 9 receiving treatment for his mental illness. 10 And as a result, the Webdale 11 family, led by Kendra's parents, Ralph and 12 Pat, began a quest to change the laws in 13 New York State so that mental health patients 14 could get the services and the medicines that 15 they need. 16 We put Kendra's Law into place 17 about five years ago. There was a sunset 18 provision in it. It's set to expire later 19 this month, and it's important that we get 20 this bill passed. 21 The Webdale family would like to 22 see the law made permanent. But there's a 23 study that Senator Morahan has wisely 24 associated with this bill that will give us 25 more data so that we can work in the future

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(518) 371-8910 1 toward making the law permanent. 2 So again, I thank Senator Morahan 3 for all of his assistance in this matter, and 4 I vote yes. 5 Thank you. 6 ACTING PRESIDENT MEIER: Senator 7 Morahan. 8 SENATOR MORAHAN: Yes, in 9 response to Senator Duane's comment regarding 10 appropriations for ongoing programs and 11 existing programs, those appropriations are 12 indeed in the current fiscal budget, so those 13 programs go on. 14 If Senator Duane has some 15 recommendations on enhancing any of the 16 funding for any particular program, we 17 certainly would take that under advisement. 18 Thank you, Mr. President. 19 ACTING PRESIDENT MEIER: Any 20 other Senator wish to be heard on the bill? 21 Debate is closed, then. 22 Read the last section. 23 THE SECRETARY: Section 11. This 24 act shall take effect June 30, 2005. 25 ACTING PRESIDENT MEIER: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 Senator Libous. 7 SENATOR LIBOUS: Mr. President, 8 there will be an immediate meeting of the 9 Rules Committee in the Majority Conference 10 Room, and the Senate will stand at ease. 11 ACTING PRESIDENT MEIER: 12 Immediate meeting of the Rules Committee in 13 the Senate Majority Conference Room. 14 SENATOR LIBOUS: Mr. President. 15 ACTING PRESIDENT MEIER: Senator 16 Libous. 17 SENATOR LIBOUS: Are there any 18 substitutions at the desk? 19 ACTING PRESIDENT MEIER: Yes. 20 SENATOR LIBOUS: Please make them 21 at this time. 22 ACTING PRESIDENT MEIER: The 23 Secretary will read the substitutions. 24 THE SECRETARY: On page 9, 25 Senator LaValle moves to discharge, from the

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(518) 371-8910 1 Committee on Rules, Assembly Bill Number 5408 2 and substitute it for the identical Senate 3 Bill Number 1548, Third Reading Calendar 322. 4 On page 20, Senator Golden moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 7395 and substitute it 7 for the identical Senate Bill Number 4458, 8 Third Reading Calendar 749. 9 On page 43, Senator Maziarz moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 8544A and substitute it 12 for the identical Senate Bill Number 5658A, 13 Third Reading Calendar 1698. 14 And on page 47, Senator Seward 15 moves to discharge, from the Committee on 16 Rules, Assembly Bill Number 7559B and 17 substitute it for the identical Senate Bill 18 Number 5888, Third Reading Calendar 1811. 19 ACTING PRESIDENT MEIER: 20 Substitutions ordered. 21 Senator Libous. 22 SENATOR LIBOUS: Mr. President, 23 there will be an immediate meeting of the 24 Rules Committee. 25 And as I said earlier, the Senate

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(518) 371-8910 1 will be at ease. 2 ACTING PRESIDENT MEIER: 3 Immediate meeting of the Rules Committee. 4 The Senate will be at ease. 5 (Whereupon, the Senate stood at 6 ease at 1:44 p.m.) 7 (Whereupon, the Senate reconvened 8 at 2:00 p.m.) 9 ACTING PRESIDENT SEWARD: Senator 10 Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could return to reports of standing 13 committees, I believe there's a report of the 14 Rules Committee at the desk. I ask that it be 15 read at this time. 16 ACTING PRESIDENT SEWARD: Reports 17 of standing committees. 18 The Secretary will read. 19 THE SECRETARY: Senator Bruno, 20 from the Committee on Rules, reports the 21 following bills: 22 Senate Print 1557, by Senator 23 LaValle, an act to amend the Tax Law; 24 1633, by Senator LaValle, an act to 25 amend the Tax Law;

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(518) 371-8910 1 3258, by Senator Breslin, an act to 2 amend the Tax Law; 3 3304B, by Senator Winner, an act to 4 amend the Education Law; 5 3428, by Senator Padavan, an act to 6 amend the Civil Service Law; 7 3588, by Senator Alesi, an act to 8 amend the Insurance Law; 9 3832A, by Senator Golden, an act to 10 amend the Retirement and Social Security Law; 11 4129, by Senator Skelos, an act to 12 amend the Navigation Law; 13 4252A, by Senator Hannon, an act to 14 authorize; 15 4399A, by Senator Robach, an act to 16 amend the Executive Law; 17 4560A, by Senator Maltese, an act 18 to amend the Agriculture and Markets Law; 19 4580, by Senator Fuschillo, an act 20 to amend the Banking Law; 21 4832, by Senator Padavan, an act to 22 amend the Public Health Law; 23 4862A, by Senator Hannon, an act to 24 amend the Public Health Law; 25 4885B, by Senator Libous, an act to

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(518) 371-8910 1 amend the Vehicle and Traffic Law; 2 4929A, by Senator Maziarz, an act 3 to establish; 4 5377, by Senator Winner, an act to 5 amend the Tax Law; 6 5437, by the Senate Committee on 7 Rules, an act to amend the Retirement and 8 Social Security Law; 9 5591A, by the Senate Committee on 10 Rules, an act to amend the Tax Law; 11 5692A, by Senator Meier, an act 12 authorizing; 13 5737, by Senator Morahan, an act to 14 amend the Public Health Law; 15 5755, by Senator Spano, an act to 16 amend the Tax Law; 17 5867, by Senator Maziarz, an act to 18 amend a chapter of the Laws of 2005; 19 5877, by Senator Flanagan, an act 20 to amend the Election Law; 21 5880, by the Senate Committee on 22 Rules, an act to authorize; 23 5898, by the Senate Committee on 24 Rules, an act to amend Chapter 738 of the Laws 25 of 2004;

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(518) 371-8910 1 5899, by the Senate Committee on 2 Rules, an act to amend Chapter 405 of the Laws 3 of 1999; 4 5900, by the Senate Committee on 5 Rules, an act to amend the Education Law; 6 5901, by the Senate Committee on 7 Rules, an act to amend the Education Law; 8 5908, by Senator Rath, an act to 9 amend the Public Health Law; 10 And Senate Print 5909, by Senator 11 Morahan, an act to amend the Mental Hygiene 12 Law. 13 All bills ordered direct to third 14 reading. 15 ACTING PRESIDENT SEWARD: Senator 16 Skelos. 17 SENATOR SKELOS: Mr. President, 18 move to accept the report of the Rules 19 Committee. 20 ACTING PRESIDENT SEWARD: All in 21 favor of accepting the Rules report say aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT SEWARD: 24 Opposed? 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT SEWARD: The 2 Rules report is accepted. 3 SENATOR SKELOS: Mr. President, 4 there will be an immediate conference of the 5 Majority in the Majority Conference Room. 6 ACTING PRESIDENT SEWARD: Senator 7 Sabini. 8 SENATOR SABINI: Mr. President, 9 I'd like to announce to Senator Dilan and 10 Senator Hassell-Thompson that there will be an 11 immediate conference of the Minority in the 12 Minority Conference Room. 13 ACTING PRESIDENT SEWARD: there 14 will be immediate conferences of both the 15 Majority and the Minority. 16 SENATOR SKELOS: And if the 17 Senate would stand at ease. 18 ACTING PRESIDENT SEWARD: The 19 Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 2:04 p.m.) 22 (Whereupon, the Senate reconvened 23 at 3:07 p.m.) 24 ACTING PRESIDENT LITTLE: Senator 25 Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 if we could take up Supplemental Calendar B, 3 noncontroversial. 4 ACTING PRESIDENT LITTLE: Senator 5 Skelos, could we do a motion first? 6 SENATOR SKELOS: Yes. 7 ACTING PRESIDENT LITTLE: Senator 8 Fuschillo. 9 SENATOR FUSCHILLO: Thank you, 10 Madam President. 11 On behalf of Senator Johnson, I 12 wish to call up Senate Print Number 5649A, 13 recalled from the Assembly, which is now at 14 the desk. 15 ACTING PRESIDENT LITTLE: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1869, by Senator Johnson, Senate Print 5649A, 19 an act to amend the Environmental Conservation 20 Law. 21 SENATOR FUSCHILLO: I now move to 22 reconsider the vote by which the bill was 23 passed and ask that the bill be restored to 24 the order of third reading. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Secretary will call the roll on 2 reconsideration of the vote. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 SENATOR FUSCHILLO: Madam 6 President, I now move to discharge, from the 7 Committee on Rules, Assembly Print Number 8 6454B and substitute it for the identical 9 bill. 10 ACTING PRESIDENT LITTLE: So 11 ordered. 12 SENATOR FUSCHILLO: The Senate 13 bill, on first passage, was voted unanimously. 14 I now move that the substituted Assembly bill 15 have its third reading at this time. 16 ACTING PRESIDENT LITTLE: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 1869, substituted earlier by Member of the 20 Assembly DiNapoli, Assembly Print Number 21 6454B, an act to amend the Environmental 22 Conservation Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 Senator Skelos. 9 SENATOR SKELOS: Madam President, 10 if we could now go to the noncontroversial 11 reading of Supplemental Calendar B. 12 ACTING PRESIDENT LITTLE: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1864, by Senator LaValle, Senate Print 1557, 16 an act to amend the Tax Law. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. Nays, 25 1. Senator Duane recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1880, by Senator LaValle, Senate Print 1633, 5 an act to amend the Tax Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect September 1. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 1881, Senator Breslin moves to 18 discharge, from the Committee on 19 Investigations and Government Operations, 20 Assembly Bill Number 6370 and substitute it 21 for the identical Senate Bill Number 3258, 22 Third Reading Calendar 1881. 23 ACTING PRESIDENT LITTLE: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1881, by Member of the Assembly Canestrari, 3 Assembly Print Number 6370, an act to amend 4 the Tax Law. 5 ACTING PRESIDENT LITTLE: There 6 is a local fiscal impact statement at the 7 desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 30th day. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. Nays, 15 1. Senator Valesky recorded in the negative. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1882, by Senator Winner, Senate Print -- 20 SENATOR SCHNEIDERMAN: Lay it 21 aside. 22 ACTING PRESIDENT LITTLE: The 23 bill is laid aside. 24 THE SECRETARY: In relation to 25 Calendar Number 1883, Senator Padavan moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 6943A and substitute it 3 for the identical Senate Bill Number 3428, 4 Third Reading Calendar 1883. 5 ACTING PRESIDENT LITTLE: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1883, by Member of the Assembly Abbate, 10 Assembly Print Number 6943A, an act to amend 11 the Civil Service Law. 12 ACTING PRESIDENT LITTLE: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect July 1, 2006. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1884, by Senator Alesi, Senate Print 3588, an 25 act to amend the Insurance Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1885, Senator Golden moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 7191A and substitute it 15 for the identical Senate Bill Number 3832A, 16 Third Reading Calendar 1885. 17 ACTING PRESIDENT LITTLE: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1885, by Member of the Assembly Abbate, 22 Assembly Print Number 7191A, an act to amend 23 the Retirement and Social Security Law and the 24 Administrative Code of the City of New York. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1886, Senator Skelos moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 1477A and substitute it 14 for the identical Senate Bill Number 4129, 15 Third Reading Calendar 1886. 16 ACTING PRESIDENT LITTLE: 17 Substitution ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1886, by Member of the Assembly Eddington, 21 Assembly Print Number 1477A, an act to amend 22 the Navigation Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of January. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1887, by Senator Hannon, Senate Print 4252A, 10 an act to authorize Debbie Cleva to be 11 reclassified. 12 ACTING PRESIDENT LITTLE: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1888, Senator Robach moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 7192A and substitute it 2 for the identical Senate Bill Number 4399A, 3 Third Reading Calendar 1888. 4 ACTING PRESIDENT LITTLE: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1888, by Member of the Assembly Abbate, 9 Assembly Print Number 7192A, an act to amend 10 the Executive Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1889, Senator Maltese moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 7644A and substitute it 25 for the identical Senate Bill Number 4560A,

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(518) 371-8910 1 Third Reading Calendar 1889. 2 ACTING PRESIDENT LITTLE: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1889, by Member of the Assembly Grannis, 7 Assembly Print Number 7644A, an act to amend 8 the Agriculture and Markets Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on the 60th day. 13 ACTING PRESIDENT LITTLE: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1890, Senator Fuschillo moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 6808A and substitute it 23 for the identical Senate Bill Number 4580, 24 Third Reading Calendar 1890. 25 ACTING PRESIDENT LITTLE:

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(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1890, by Member of the Assembly Nolan, 5 Assembly Print Number 6808A, an act to amend 6 the Banking Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT LITTLE: Senator 15 DeFrancisco, to explain his vote. 16 SENATOR DeFRANCISCO: Is this 17 1890, Calendar 1890? Yes, I just want to 18 explain my vote. 19 This bill calls for posting of a 20 sign in various facilities that 21 counterfeiting, forgery, is a crime and if you 22 commit a crime, you're prosecuted. I voted 23 against a similar bill concerning security 24 guards at airlines, that if you harass or 25 don't cooperate, there should be a sign to say

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(518) 371-8910 1 that that's against the law. 2 I just think that this is getting 3 to the point of not enough room for signs. If 4 we're going to have a sign for every law that 5 is a law to notify people if they violate 6 them, we're going to have problems with our 7 environment. 8 So as a result, I'm going to vote 9 no on this bill. 10 ACTING PRESIDENT LITTLE: Senator 11 DeFrancisco will be recorded in the negative. 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1890 are 15 Senators DeFrancisco and Meier. 16 Ayes, 58. Nays, 2. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1891, Senator Padavan moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 7398 and substitute it 23 for the identical Senate Bill Number 4832, 24 Third Reading Calendar 1891. 25 ACTING PRESIDENT LITTLE:

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(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1891, by Member of the Assembly Carrozza, 5 Assembly Print Number 7398, an act to amend 6 the Public Health Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1892, Senator Hannon moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 6577 and substitute it 21 for the identical Senate Bill Number 4862A, 22 Third Reading Calendar 1892. 23 ACTING PRESIDENT LITTLE: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1892, by Member of the Assembly Gottfried, 3 Assembly Print Number 6577, an act to amend 4 the Public Health Law. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1893, by Senator Libous, Senate Print 4885B, 17 an act to amend the Vehicle and Traffic Law 18 and others. 19 ACTING PRESIDENT LITTLE: Read 20 the last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT LITTLE: Senator 3 Libous, to explain his vote. 4 SENATOR LIBOUS: Thank you, Madam 5 President, to explain my vote. 6 On May 20th, in the Southern Tier, 7 of this year an unfortunate incident happened 8 where three construction workers were killed. 9 And it was the seventh major incident in 10 New York State since January in a construction 11 site. 12 We spent numerous hours working 13 with the State Police, the Department of 14 Transportation, local -- the statewide labor 15 unions, contractors association, and have come 16 up with a variety of alternatives in this bill 17 that we believe will save lives and protect 18 the workers that are working on our highways, 19 roads and bridges. 20 And the three people that were 21 killed on May 20th were no different than 22 anybody else in this chamber. They went to 23 work and, because of the negligence of a 24 couple of drivers who were speeding at a high 25 rate of speed through the work zones, they

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(518) 371-8910 1 lost their lives on that day. 2 We believe that the pieces of -- 3 this piece of legislation has a number of 4 factors in it: at major construction sites, 5 putting police with flashing lights, signage. 6 And we believe that this will hopefully save 7 lives in the future. 8 Madam President, I vote aye. 9 ACTING PRESIDENT LITTLE: Senator 10 Libous will be recorded in the affirmative. 11 The Secretary will announce the 12 results. 13 THE SECRETARY: Ayes, 59. Nays, 14 1. Senator Montgomery recorded in the 15 negative. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1894, by Senator Maziarz, Senate Print 4929A, 20 an act establishing a safe patient handling 21 demonstration program. 22 ACTING PRESIDENT LITTLE: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1895, by Senator Winner, Senate Print 5377, an 9 act to amend the Tax Law. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 1896, Senator Bruno moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 8245 and substitute it 24 for the identical Senate Bill Number 5437, 25 Third Reading Calendar 1896.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: 2 Substitution ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1896, by Member of the Assembly Abbate, 6 Assembly Print Number 8245, an act to amend 7 the Retirement and Social Security Law and the 8 Administrative Code of the City of New York. 9 ACTING PRESIDENT LITTLE: There 10 is a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1897, by the Senate Committee on Rules, Senate 22 Print Number 5591A, an act to amend the Tax 23 Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1898, by Senator Meier, Senate Print 5692A, an 11 act authorizing the City of Utica. 12 ACTING PRESIDENT LITTLE: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 8. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1899, Senator Morahan moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 6793A and substitute it 2 for the identical Senate Bill Number 5737, 3 Third Reading Calendar 1899. 4 ACTING PRESIDENT LITTLE: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1899, by Member of the Assembly Weisenberg, 9 Assembly Print Number 6793A, an act to amend 10 the Public Health Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1900, by Senator Spano -- 23 SENATOR LIZ KRUEGER: Lay it 24 aside. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 1901, by Senator Maziarz, Senate Print 5867, 4 an act to amend a chapter of the Laws of 2005. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the same date and in 9 the same manner as a chapter of the Laws of 10 2005. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1902, by Senator Flanagan, Senate Print 5877, 19 an act to amend the Election Law and the State 20 Finance Law. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 SENATOR MONTGOMERY: Lay it 24 aside, please. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 1903, by the Senate Committee on Rules, Senate 4 Print 5880, an act to reauthorize the 5 resentencing of certain Class A-II felony 6 controlled substance offenders. 7 SENATOR MONTGOMERY: Lay it 8 aside. 9 ACTING PRESIDENT LITTLE: The 10 bill is laid aside. 11 THE SECRETARY: In relation to 12 Calendar Number 1905, Senator Bruno moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 8467 and substitute it 15 for the identical Senate Bill Number 5899, 16 Third Reading Calendar 1905. 17 ACTING PRESIDENT LITTLE: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1905, by Member of the Assembly Reilly, 22 Assembly Print Number 8467, an act to amend 23 Chapter 405 of the Laws of 1999. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1907, Senator Bruno moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 2168A and substitute it 13 for the identical Senate Bill Number 5901, 14 Third Reading Calendar 1907. 15 ACTING PRESIDENT LITTLE: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1907 -- 20 SENATOR OPPENHEIMER: Lay it 21 aside. 22 ACTING PRESIDENT LITTLE: The 23 bill is laid aside. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1909, by Senator Morahan, Senate Print 5909, 2 an act to amend the Mental Hygiene Law. 3 ACTING PRESIDENT LITTLE: Senator 4 Skelos. 5 SENATOR SKELOS: Is there a 6 message of necessity at the desk? 7 ACTING PRESIDENT LITTLE: Yes, 8 there is, Senator. 9 SENATOR SKELOS: Move to accept. 10 ACTING PRESIDENT LITTLE: All in 11 favor of accepting the message say aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT LITTLE: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT LITTLE: The 17 message is accepted. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the same date and in 21 the same manner as a chapter of the Laws of 22 2005. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 Senator Skelos, that completes the 5 noncontroversial reading of Supplemental 6 Calendar B. 7 SENATOR SKELOS: Thank you, Madam 8 President. If we could now go to the 9 controversial reading of Supplemental 10 Calendar B. 11 ACTING PRESIDENT LITTLE: The 12 Secretary will ring the bell. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 Calendar Number 1900 was inadvertently laid 16 aside. If we could take it up at this time. 17 ACTING PRESIDENT LITTLE: Could 18 we have order, please. 19 Calendar 1900. The Secretary will 20 read. 21 THE SECRETARY: Calendar Number 22 1900, by Senator Spano, Senate Print 5755, an 23 act to amend the Tax Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 8. This 2 act shall take effect September 1, 2005. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. Nays, 7 2. Senators Balboni and Duane recorded in the 8 negative. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 Senator Skelos. 12 SENATOR SKELOS: Madam President, 13 if we could now go to the controversial 14 reading of Supplemental Calendar B. 15 ACTING PRESIDENT LITTLE: The 16 Secretary will read controversial Supplemental 17 Calendar B. 18 THE SECRETARY: Calendar Number 19 1882, by Senator Winner, Senate Print 3304B, 20 an act to amend the Education Law. 21 SENATOR SCHNEIDERMAN: 22 Explanation. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Winner, for an explanation.

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(518) 371-8910 1 SENATOR WINNER: Thank you, Madam 2 President. 3 This bill would permit certified 4 dental assistants to perform any noninvasive 5 reversible supportive procedure to a dentist 6 in his or her performance of dental service. 7 ACTING PRESIDENT LITTLE: Can we 8 try to keep it quiet so the speaker can be 9 heard. Thank you. 10 Senator Winner. 11 SENATOR WINNER: Thank you, Madam 12 President. 13 Again, this would permit certified 14 dental assistants to perform any noninvasive 15 reversible supportive procedure to a dentist 16 in his or her performance of dental services 17 authorized under the Dental Practice Act and 18 also as would be approved by the department. 19 ACTING PRESIDENT LITTLE: Thank 20 you, Senator. 21 Senator Krueger. 22 SENATOR LIZ KRUEGER: Thank you. 23 If the sponsor would please yield. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Winner, do you yield? 2 SENATOR WINNER: Yes. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 The Senator yields. 6 SENATOR LIZ KRUEGER: Thank you. 7 When this bill came up in 8 committee, there had been some concern about 9 the scope of practice differences between 10 dental hygienists and dental assistants and 11 what could be approved or not approved just at 12 the option of a dentist. 13 This is a B print. How has it 14 changed since our discussion in committee? 15 SENATOR WINNER: Well, in 16 accordance with your concern and the concerns 17 of others on the committee, Senator, the bill 18 was amended to require that the department 19 approve any types of procedures that would be 20 authorized under this bill, so that sole 21 determination of what would be authorized 22 would not be the dentist but would also have 23 to be on an approved list of the Department of 24 Education. 25 That would continue to create the

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(518) 371-8910 1 difference in scope of practice between the 2 hygienist and the dental assistant, so that 3 there would be no commingling of those types 4 of functions and that the services that are 5 being provided by a certified dental assistant 6 would be only those for which he or she is 7 qualified to perform under regulations as 8 determined by -- not under regulations, but as 9 approval of the department, as well as 10 ensuring that those procedures are not 11 irreversible or surgical in nature. 12 SENATOR LIZ KRUEGER: Madam 13 President, briefly on the bill. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Krueger, on the bill. 17 SENATOR LIZ KRUEGER: Thank you. 18 I want to thank the sponsor, not 19 only for his explanation but for his going 20 back reflecting the concerns that were raised 21 in committee and changing his bill. And I do 22 support it. 23 Thank you. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Is there any other Senator wishing 2 to speak on the bill? 3 Senator Montgomery. 4 SENATOR MONTGOMERY: Yes, Madam 5 President, I'm not sure that I have the 6 correct information, but I have the 7 opposition, including the Dental Assistants 8 Association, the State Dental Hygiene 9 Educators, the Long Island Dental Hygienists 10 Association, the Westchester Dental Hygienists 11 and NYSUT -- 12 ACTING PRESIDENT LITTLE: Senator 13 Montgomery, do you have a question or are you 14 speaking on the bill? 15 SENATOR MONTGOMERY: For the 16 record, I want to note that there is 17 considerable opposition to throwing out the 18 regulations, the commissioners' regulations on 19 the scope of practice of dental assistants. 20 ACTING PRESIDENT LITTLE: One 21 moment. 22 SENATOR MONTGOMERY: These groups 23 are still opposed to this legislation, Madam 24 Chair, and I'm going to vote no as well. I 25 think it's a bad idea.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Is there any other Senator wishing 5 to speak on the bill? 6 The debate is closed. 7 The Secretary will ring the bell. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT LITTLE: Senator 15 Schneiderman, to explain your vote. 16 SENATOR SCHNEIDERMAN: Thank you, 17 Madam President. 18 In addition to the concerns that 19 Senator Montgomery raised, I would like to 20 point out to my colleagues that this B print 21 is strongly opposed by NYSUT, by the teachers. 22 And one of the issues that they raise is the 23 educational requirements of the profession of 24 dental hygienists are not being addressed in 25 this legislation.

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(518) 371-8910 1 So while this will change the scope 2 of practice, it doesn't address any of the 3 educational issues. And for that reason the 4 teachers are opposed, and I will also be 5 voting no. 6 Thank you, Madam President. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Schneiderman will be 10 recorded in the negative. 11 Senator Winner, to explain your 12 vote. 13 SENATOR WINNER: Briefly to 14 explain my vote. 15 With regard to the organizations 16 that have been listed as being in opposition 17 to it, frankly, it's kind of bizarre to me 18 that the dental assistants, who are benefited 19 by this bill, would be against it. But it 20 should be noted that that organization 21 consists of approximately 200 members, out of 22 20,000 dental assistants in New York State. 23 So therefore, it's pretty easy to start an 24 association if you don't have any members. 25 But under those circumstances also,

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(518) 371-8910 1 with regard to NYSUT, NYSUT's objection with 2 regard to the educational requirements are -- 3 should be distinguished due to the fact that 4 the alternative pathway course that they're 5 concerned about has really not been utilized 6 by the dental assistants. And therefore, with 7 all due respect to that organization, which I 8 do respect very strongly, there is -- has not 9 been to date any difficulties with regard to 10 the educational requirements for dental 11 assistants to date. 12 And the requirements for 13 certification would still have been updated in 14 accordance with the department, and it has to 15 be approved by the department in order to be 16 certified as a dental assistant. 17 I vote aye, Madam President. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Winner will be recorded in 21 the affirmative. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 1882 are

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(518) 371-8910 1 Senators Alesi, Andrews, Brown, Connor, Dilan, 2 Duane, Hassell-Thompson, C. Kruger, 3 Marcellino, Montgomery, Oppenheimer, Parker, 4 Paterson, Rath, Sabini, Savino, Schneiderman, 5 Serrano, M. Smith, Stachowski, Stavisky and 6 Valesky. Also Senator A. Smith. 7 Ayes, 37. Nays, 23. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1902, by Senator Flanagan, Senate Print 5877, 13 an act to amend the Election Law and the State 14 Finance Law. 15 SENATOR SCHNEIDERMAN: 16 Explanation. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Flanagan, for an 20 explanation. 21 SENATOR FLANAGAN: Thank you, 22 Madam President. 23 This is the last major HAVA bill 24 that we're going to have. We are going to 25 have, before the end of the day, a bill

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(518) 371-8910 1 dealing with the governance of the State Board 2 of Elections. And in case anyone has any 3 concern, that bill will be forthcoming and it 4 will be passed by this house. 5 But in terms of issues affecting 6 HAVA directly, this is the last bill in the 7 package. This is an agreed-upon bill with the 8 Assembly. 9 And let me start by thanking 10 Senator Dilan in particular for his help and 11 support, being very gracious during the 12 conference committee process, and my 13 colleagues Senators Spano, Maltese and Maziarz 14 for helping us through the conference 15 committee process, and Assemblyman Wright and 16 the members of the Assembly and the staff over 17 there. 18 And internally, because this has 19 taken several years, I would be remiss if I 20 did not thank Mike Melkonian, from our 21 counsel's office, for his countless hours 22 working on this, Mike Avella, Ken Riddett, and 23 John Conklin, from my own office, for their 24 herculean efforts to help achieve compromise. 25 And, ladies and gentlemen, that's

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(518) 371-8910 1 what this bill is about. It's about 2 compromise. There are things that we like, 3 there are things that the Assembly likes, but 4 ultimately we came to an agreement on how 5 machines should be selected in the state of 6 New York. And this is part of a package that 7 is the largest Election Law overhaul probably 8 in the last 50 years. 9 There's $190 million in this bill 10 for machine purchase. We are providing 11 guidance and asking the State Board of 12 Elections to do a number of different things, 13 including setup, rules and regulations, work 14 with local county boards. 15 And this is a huge step forward in 16 terms of modernizing our elections system, and 17 to do a couple of things that somehow have 18 again lost in the debate. We're trying to 19 protect the integrity of every person's vote, 20 to prevent voter fraud. If you look at the 21 administrative complaint procedure, the 22 statewide database, voter verification, voter 23 ID, county takeover or county governance, and 24 now the voting machine bill, this is a package 25 that represents sweeping change. And in many,

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(518) 371-8910 1 many respects it's all positive. 2 There are several things that I 3 think are worthy of mention beyond the money, 4 one of which is that there is a citizens' 5 advisory committee comprised of 12 different 6 members, at least four of whom have to be from 7 disability rights organizations throughout the 8 state. 9 We are allowing counties to 10 purchase one system countywide. Now, I know 11 there will be some points made and perhaps 12 some comments and questions: Why don't we 13 have a uniform system? Why are we doing it 14 this way? As I suggested to you early on, 15 this is about compromise. 16 And I think there's an element 17 where we should allow the State Board of 18 Elections and, frankly, the election 19 commissioners all throughout the State of 20 New York to put their imprint and have their 21 imprimatur on this process, because they do it 22 every day. They're being lobbied, and I know 23 this is all around, there's been so much 24 lobbying on machines. The people really being 25 lobbied are at the county level. So we've set

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(518) 371-8910 1 up a system where the state board will provide 2 the overall framework, the overall guidelines, 3 and work with our counties throughout the 4 State of New York. 5 I do have in front of me a memo of 6 support from the Election Commissioners 7 Association of the State of New York on all of 8 these bills, including the voting machine bill 9 that we have before us. 10 This is something we need to do, 11 and it's something we need to do now, because 12 we have to provide ample time for our counties 13 all across the state to be able to get into 14 the HAVA process and be ready for the upcoming 15 elections in 2006. 16 ACTING PRESIDENT LITTLE: Thank 17 you, Senator. 18 Senator Sabini. 19 SENATOR SABINI: Thank you, Madam 20 President. May I ask the sponsor to yield for 21 a question. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Flanagan, do you yield? 25 SENATOR FLANAGAN: Yes.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 Senator yields. 3 SENATOR SABINI: First of all, 4 let me congratulate the sponsor and the 5 conferees. 6 It's been a long process, and this 7 is one that we -- this meets the standards of 8 what we should be doing in making law. And 9 the work you've done, you deserve a lot of 10 credit, and I congratulate you. And last 11 year -- you got done what we couldn't do last 12 year when Senator Morahan and I and others 13 tried to get this done. Because there's a lot 14 of different concerns here, and it's a tough 15 job. 16 I have some what I feel like are 17 real policy concerns that really haven't been 18 addressed, and I just want to ask you to try 19 and address them. 20 My understanding is -- and correct 21 me if I'm wrong -- that in the New York City 22 Board of Elections, comprising the five 23 counties and the City of New York, that 24 they're going to buy -- the order for the 25 machines is so large that no manufacturer can

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(518) 371-8910 1 supply them that quickly. Is that your 2 understanding? 3 SENATOR FLANAGAN: No. No. 4 SENATOR SABINI: Madam President, 5 through you, will the sponsor yield? 6 SENATOR FLANAGAN: Yes. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 The Senator yields. 10 SENATOR SABINI: Well, what is 11 your understanding about how the machine 12 purchase would go in the City of New York? 13 SENATOR FLANAGAN: Well, the 14 machine purchase in the City of New York would 15 be like any other municipality or any other 16 county throughout the state. 17 The fact that New York City has -- 18 happens to have the largest potential 19 purchase, I'm not going to make the assumption 20 and I don't think we should be making the 21 assumption that they're not going to be able 22 to meet that mandate. 23 They're going to work through the 24 State Comptroller's office, they're going to 25 work with the State Board of Elections, just

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(518) 371-8910 1 like Suffolk County, Nassau County, and every 2 other county throughout the State of New York. 3 SENATOR SABINI: Madam President, 4 will the sponsor continue to yield. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Flanagan, do you continue 8 to yield? 9 SENATOR FLANAGAN: Yes. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 The Senator yields. 13 SENATOR SABINI: So it is your 14 assertion, then, that the City of New York 15 would get all the machines in time for the 16 next general election? When is the sponsor's 17 assertion that New York City will have their 18 machines in? 19 SENATOR FLANAGAN: Senator 20 Sabini, I'm not asserting anything. I'm not 21 representing anything on behalf of the City of 22 New York. I don't view them any differently 23 from any other county across this state. 24 The mandate that they have is to 25 modernize their election systems. We are now

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(518) 371-8910 1 providing a framework, we're providing money, 2 and we're providing the rules and regulations. 3 At some point quickly down the road, I hope, 4 they will say here are the standards, here are 5 the potential options that you have, this is 6 how you would purchase, this is how the money 7 is going to flow. 8 I have faith that the City of 9 New York will comply with the components of 10 this law and the components of HAVA just as 11 every other county in the State of New York 12 will. 13 SENATOR SABINI: Madam President, 14 if the sponsor would continue to yield. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Flanagan, do you continue 18 to yield? 19 SENATOR FLANAGAN: Yes. 20 ACTING PRESIDENT LITTLE: The 21 Senator yields. 22 SENATOR SABINI: Senator, the 23 good-intention question is based on the fact 24 that it's been my understanding that the city 25 has been told that they couldn't reach -- no

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(518) 371-8910 1 manufacturer could fulfill the order in time 2 under the HAVA deadline, and that the order 3 would be placed ahead of time and that some 4 machines would be delivered and that would be, 5 in effect, compliance. That is not your 6 understanding? 7 SENATOR FLANAGAN: Well, you may 8 have information that I am not privy to. But 9 I don't know about any order being placed, I 10 don't know about any order being discussed. 11 But I could take a logical 12 extension of your argument, and for argument's 13 sake I'll say the State Board of Elections 14 comes out and they say: This machine is 15 acceptable. And every county across the State 16 of New York says: You know what, I'm on 17 board, we're going with that machine. And 18 now, instead of 20,000 machines for the City 19 of New York, you need 50,000 across the state. 20 Is that manufacturer going to say, I'm sorry, 21 we're not going to be able to do it? 22 I think if those companies are out 23 there, whether it's the City of New York or my 24 own county or any other county, they're going 25 to look and say, Hey, I got a great shot at

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(518) 371-8910 1 some serious money and some serious action 2 here on voting machines. I think they're 3 going to get in the game, they're going to get 4 engaged, they're going to come up with the 5 machines they need to. 6 And I would be remiss if I 7 suggested anything to the contrary, because 8 nobody should labor under the illusion that 9 there's some broad opportunity here -- ah, you 10 know, we'll see if it works. Everybody should 11 be saying: Here's the money, here are the 12 rules, get in the game and get it done. 13 SENATOR SABINI: Madam President, 14 if the sponsor would continue to yield. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Flanagan, do you continue 18 to yield? 19 SENATOR FLANAGAN: Yes. 20 ACTING PRESIDENT LITTLE: The 21 Senator yields. 22 SENATOR SABINI: I appreciate the 23 sponsor's reference to Larry the Cable Guy. 24 (Laughter.) 25 SENATOR SABINI: If -- as you

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(518) 371-8910 1 know, New York, Kings and Bronx County are 2 under the voting rights mandate that any 3 action that a board of elections takes in 4 those counties has to be precleared with the 5 Justice Department. 6 My concern is that if we have some 7 machines and not others, that the educational 8 efforts that the Justice Department are going 9 to require and that HAVA pays for, which is 10 good, for public service announcements and 11 advertising and information for both the 12 voting population and the election officials, 13 that that will be sort of a muddled message 14 that the Justice Department will not accept. 15 In other words, that some people 16 will be voting on one kind of a machine in 17 parts of Manhattan and some people will be 18 voting on another, and how does the voter know 19 before they get there. 20 I'm concerned that -- you know, we 21 had an election, for historical purposes, in 22 1981 in New York City where the City Council 23 elections were canceled the night before the 24 election. And people spent tens of thousands 25 of dollars on their campaigns and the night

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(518) 371-8910 1 before the election were told: Oh, by the 2 way, we're going to have the election next 3 year, because the Justice Department stopped 4 us. 5 And I'm just worried that we're 6 leaving ourselves open to a situation here 7 where the Justice Department will tell us, You 8 can't do this. And then I wonder where we 9 are. I mean, have the conferees thought about 10 the danger of that? 11 SENATOR FLANAGAN: I would 12 suggest to you that the conferees have 13 discussed this issue. I don't know that they 14 would categorize it as a danger. 15 But I would certainly tell you that 16 in my own limited experience in dealing with 17 the State Board of Elections and the election 18 commissioners and, indirectly, the Justice 19 Department, they are on their game, they are 20 engaged, and, at the same time, they have also 21 been very diligent and very helpful in looking 22 to clear issues as quickly as possible. 23 I think one of the benefits that we 24 will have is that if there are legitimate 25 identifiable issues, the Justice Department

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(518) 371-8910 1 will not come to us the night before an 2 election. They're going to be holding our 3 hand and walking us and embracing us -- or 4 perhaps knocking us around a little bit -- 5 throughout this process. 6 SENATOR SABINI: Thank you, Madam 7 President. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Dilan. 11 SENATOR DILAN: Thank you, Madam 12 President. On the bill. 13 ACTING PRESIDENT LITTLE: Thank 14 you. On the bill. 15 SENATOR DILAN: I rise to support 16 this legislation today. 17 And I want to say that, first of 18 all, I want to thank Senator Flanagan for all 19 the work on this bill. I want to thank all 20 the staff that was involved and assisted me, 21 especially Jim Long from our conference. 22 And I also want to indicate that 23 the conference committees do work, and that's 24 why that bill is here today. 25 This bill provides for choice to

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(518) 371-8910 1 the various counties in New York City in terms 2 of determining which type of voting system 3 they want. And hopefully, to answer Senator 4 Sabini's question in regard to New York City, 5 this bill would provide a phase-in for 6 New York City to comply with the HAVA act and 7 hopefully be eligible for the entire amount of 8 money for New York City. 9 That's something that New York City 10 requested, where they indicate that they 11 cannot have the machines in time for 12 implementation for the 2006 election. The 13 executive directors of the Board of Elections 14 and their counsel indicate that by the middle 15 of 2006, they will have all machines in-house, 16 but they're not authorized to purchase the 17 machines until this bill passes the 18 Legislature and is signed by the Governor. 19 Also, one of their major concerns 20 in terms of not being able to comply with HAVA 21 on time was the education of the inspectors 22 and voters in terms of the new voting system. 23 This bill also provides for handicapped and 24 disabled individuals to vote on the same type 25 of machines that we all vote on and would also

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(518) 371-8910 1 give them the privacy of the vote. 2 And for these reasons, I'm 3 supporting the bill and ask that my colleagues 4 support it. Thank you. 5 ACTING PRESIDENT LITTLE: Thank 6 you, Senator. 7 Senator Liz Krueger. 8 SENATOR LIZ KRUEGER: Thank you, 9 Madam President. On the bill. 10 ACTING PRESIDENT LITTLE: On the 11 bill. 12 SENATOR LIZ KRUEGER: Thank you. 13 Well, I've listened to my 14 colleagues, and I do agree this took a long 15 time, there was a lot of good work put into 16 this, and it was a compromise. 17 Unfortunately, I'm not comfortable 18 with the compromise, and I don't think that 19 passage of this bill is in the best interests 20 of the future of voting in the State of 21 New York. I feel pretty strongly we should 22 have gone with one standard for the state. 23 And Senator Sabini raised just some 24 of the concerns that I have about what it 25 might look like in the City of New York with

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(518) 371-8910 1 multiple machines multiple places, what 2 happens when there are elections across county 3 lines with counties who may be using different 4 machines, which then of course translates into 5 different Election Day standards, different 6 standards for provisional balloting, different 7 rules for how both workers need to be trained 8 and voters need to be educated. 9 I think that we had a great 10 opportunity to finally work out many of the 11 problems we've had in the State of New York 12 for decades, because certainly election 13 problems are not new. We are all familiar 14 with them. That we had an opportunity to come 15 up with one system and one set of standards 16 for the state to resolve so many of the 17 problems we've already had. 18 And that this bill, while I accept 19 that this is compromise over a very long 20 period of time, will result in a new layer of 21 new problems without resolving the old 22 problems with multiple systems and different 23 standards, and that we will be continuing to 24 revisit these problems -- hopefully not with 25 devastating election outcomes or inability to

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(518) 371-8910 1 track the outcomes of elections. 2 For the record, I think we should 3 be going with one -- not just one standard, 4 but optical scanning. 5 Also just to note, last night we 6 talked about the importance of passing 7 procurement lobbying reform, and we voted for 8 it and we're all very happy about it. Just 9 for the record, that bill goes into effect 10 January 2006. The mass lobbying, county by 11 county, commissioner of election by 12 commissioner of election, has started already 13 and probably will be done before our 14 procurement lobbying law goes into effect. 15 So for those of us who are pleased 16 we passed the bill -- and we are -- we should 17 just note that the added problems of 57 18 counties with 57 sets of election 19 commissioners and local elected officials now 20 being lobbied over which system to go with 21 really won't be included under the law we 22 passed. 23 So I'll be voting no, Madam 24 President. Thank you. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Schneiderman. 3 SENATOR SCHNEIDERMAN: Thank you, 4 Madam President. On the bill very briefly. 5 ACTING PRESIDENT LITTLE: On the 6 bill. 7 SENATOR SCHNEIDERMAN: I 8 appreciate the hard work that has gone into 9 this, not just by the people, the members on 10 the committee and the staffs, but by the 11 public interest and good government groups 12 that have been working for a very long time to 13 try and get the best possible resolution for 14 New York State to the HAVA requirements. 15 I also feel compelled to vote no, 16 though, because I feel that we have not come 17 close to what we should have achieved here. 18 And I would note, in particular, the 19 objections of NYPIRG, the League of Women 20 Voters, Demos, Common Cause, and Citizens 21 Union, who identify, among other failings, the 22 fact that we are issuing statewide standards 23 and recommendations but we are going to 24 produce what they call a hodgepodge system in 25 which New Yorkers in one part of the state may

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(518) 371-8910 1 be voting under dramatically different 2 circumstances than voters in other parts of 3 the state. That applies within districts. 4 And I think that, you know, it is 5 unfortunate that I believe that the 6 representatives of the other house were 7 holding out for a statewide system so we would 8 avoid that chaos, and that my colleagues on 9 the other side of the aisle did not want to go 10 along with that. 11 This also authorizes a type of 12 machine that has, in other jurisdictions, had 13 tremendous problems, direct recording 14 electronics machines. 15 So we shouldn't be authorizing bad 16 equipment, we shouldn't be forcing this down 17 to the county level to produce a system in 18 which within one district, one congressional 19 district and one Senate district, we'll have 20 different voting machines. And that, I think, 21 is a bad compromise. 22 I'm sorry that we again, this 23 house, the majority in this house refused to 24 reauthorize the conference committee while the 25 majority in the other house was willing to do

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(518) 371-8910 1 so. We could have done with more work by the 2 conference committee. I think a better deal 3 was within our reach and we failed to reach 4 it. I respect the work that's been done, but 5 we have to do better than this. 6 And I'm going to vote no. 7 Thank you, Madam President. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Connor. 11 SENATOR CONNOR: Thank you, Madam 12 President. 13 In 1985 I served on the electronic 14 voting machine commission, temporary state 15 commission. It was headed by, cochaired by 16 the late great Senator Gene Levy and a young 17 assemblyman, Sheldon Silver, and actually, I 18 guess, Fabian Palamino from the governor. 19 And I guess the major 20 accomplishment we did is we put into law that 21 you couldn't use punchcard ballots, which 22 everybody was trying to sell us at that time. 23 We also put in testing standards and passed a 24 lot of legislation dealing with certifying 25 electronic voting machines.

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(518) 371-8910 1 The one thing that I advanced in 2 those commission meetings that never got 3 anywhere was that the state should have a 4 uniform voting machine and should pay for it, 5 rather than having it as a mandate on towns or 6 cities. Interestingly enough, at the time, 7 the then-governor wasn't interested. He 8 didn't like the fiscal impact. So on the 9 governor's side of that commission, they said, 10 no, we're not going there. 11 But, Madam President, I have -- I 12 looked forward to this HAVA process, hoping 13 that we would end up with a statewide system 14 of voting, with uniformity. It's certainly 15 comfortable. I've certainly, in my other role 16 as an attorney, done many, many recounts in 17 various parts of the state and have done 18 statewide as well election recounts. And, you 19 know, it's comforting to know that there isn't 20 that much variable in the system. Because 21 whatever machine you use or whatever system 22 you use, there's a slight error -- we hope a 23 slight error factor. Some systems have 24 grossly large error factors, particularly 25 those punchcard-ballot types, which were used

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(518) 371-8910 1 until a year ago in three counties in this 2 state for absentees. They were grandfathered 3 in in the '85 legislation. 4 So I am disappointed to see us end 5 up with this compromise, which will 6 potentially result in great diversity among 7 counties in terms of the voting machines they 8 use, or the voting systems. 9 I'm also -- and it's too late to do 10 anything about this. You know, I see it being 11 set up now where they say, oh, New York City 12 won't be able to comply in time. And 13 sometimes it's said as if the city just can't 14 get it together. The fact of the matter is, 15 of all of the voting machines -- and we've 16 seen them all, they've all been in 17 demonstrations and all -- every system, there 18 is no manufacturer that can deliver 10,000 19 machines to New York City by February 2006. 20 They don't make them that fast. They don't 21 warehouse them. They don't have them. That's 22 the reason why. 23 And I understand there's an attempt 24 here to give New York City a break, to maybe 25 it can be deemed by the federal government to

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(518) 371-8910 1 be in compliance and won't lose all that 2 money. But it's just a very, very difficult 3 situation. It's a huge, huge contract, 4 10,000 machines, and it just can't be done in 5 that time frame. 6 Unfortunately, this process in the 7 Legislature has taken up a lot of time and has 8 left it such that the city will never be able 9 to acquire that many voting machines. And 10 this legislation recognizes that, of course, 11 and tries to deal with it. I'm not sanguine 12 that it will be successful, the methodology 13 here will be successful. 14 So that said, while I have 15 disappointments, it was a process, it was a 16 process that engaged the Legislature. And 17 many, many of us here in the Legislature 18 watched and pitched in and contributed our 19 thoughts and comments. 20 On balance, though, I really have 21 to defer to the leadership of my conference. 22 And therefore, I have to vote for this bill, 23 because Senator Dilan is the leader of this 24 conference on this issue. He's done a great 25 job working with Senator Flanagan. And I am

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(518) 371-8910 1 therefore going to vote for this legislation 2 because of the true leadership of my 3 conference on this issue. 4 Thank you. 5 ACTING PRESIDENT LITTLE: Thank 6 you, Senator. 7 Is there any other Senator wishing 8 to be heard? 9 Senator Diaz. 10 SENATOR DIAZ: Thank you. 11 Thank you, Madam President. I 12 would just take this opportunity to thank 13 Senator Dilan. Because all the questions that 14 have been asked here, they were asked in our 15 conference, and Dilan answered all of them. 16 And, you know, I just want to support Dilan 17 and Flanagan. But the question I -- this is 18 the second time that I hear the same thing. 19 So thank you. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Any other Senator wishing to be 23 heard? 24 Debate is closed. The Secretary 25 will ring the bell.

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(518) 371-8910 1 The Secretary will read the last 2 section. 3 THE SECRETARY: Section 21. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT LITTLE: Senator 9 Flanagan, to explain his vote. 10 SENATOR FLANAGAN: Thank you, 11 Madam President. Just a couple of brief 12 comments; there were some concerns raised. 13 I think we need to remember two 14 basic points. People talk about a uniform 15 system. Ladies and gentlemen, we don't have a 16 uniform system in the state of New York today. 17 We have different voting machines across the 18 state of New York. So it's not like we're 19 departing from any tradition that's been 20 around for some time. 21 And also, again, in calling for the 22 uniform standard, if you look at all the 23 states across the country, there's maybe a 24 handful, five or six, that have a uniform 25 system. Over 40 states have a system set up

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(518) 371-8910 1 just like we have here. 2 This is a -- it's a good bill. 3 And I will only add one final 4 thing, just in case anyone is looking at our 5 legislative intent. The concerns that have 6 been raised about New York City can really be 7 raised anywhere. Get into a small county, are 8 they going to be ready, can they get it all 9 done, even if it's a small purchase. 10 Everybody should operate on the 11 assumption that there are no exceptions, that 12 there is money there that we want to make sure 13 we don't risk losing. So to the election 14 commissioners and any local legislative bodies 15 who have an interest, don't waste any time. 16 The time is now, the money is there. And 17 anyone who tries to deviate from that is only 18 setting themselves up for problems. 19 Thank you. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Flanagan will be recorded 23 in the affirmative. 24 Senator Oppenheimer. 25 SENATOR OPPENHEIMER: To explain

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(518) 371-8910 1 my vote, please, Madam President. 2 ACTING PRESIDENT LITTLE: To 3 explain your vote. 4 SENATOR OPPENHEIMER: I think I 5 echo pretty much what Senator Connor said, so 6 I won't be repetitious. 7 It's just that I felt very strongly 8 I wanted a single machine for our entire 9 state. I feel very strongly that I wanted it 10 to be optical scan. Though I tell you, I 11 understand that the software on optical scan 12 can also be rigged, so I'm not sure there's a 13 machine being made now that I think is worthy. 14 But I'm going to support this, 15 because we can't move ahead until we have 16 supported this, and we can't buy the equipment 17 we need. So it just is logical that we have 18 to support this even if it isn't ideal. But 19 you can't make the good the enemy of the 20 better. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Oppenheimer will be 24 recorded in the affirmative. 25 The Secretary will announce the

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(518) 371-8910 1 results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 1902 are 4 Senators Duane, Klein, L. Krueger, Montgomery, 5 Paterson, Sabini, Schneiderman and Serrano. 6 Ayes, 52. Nays, 8. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1903, by the Senate Committee on Rules, Senate 12 Print Number 5880, an act to authorize the 13 resentencing of certain Class A-II felony 14 controlled substance offenders. 15 ACTING PRESIDENT LITTLE: Senator 16 Duane. 17 SENATOR DUANE: Thank you, Madam 18 President. 19 I think it's important to note that 20 our conference, our leader, David Paterson, 21 and I, along with Senator Montgomery, Senator 22 Hassell-Thompson -- who else? -- Senator 23 Parker, Senator Andrews, have been working on 24 a task force having to do with reforming the 25 Rockefeller Drug Laws.

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(518) 371-8910 1 And while I know last January we 2 did some resentencing and some work around 3 good-behavior issues of those convicted under 4 the Rockefeller Drug Laws, it really could 5 only be called a minor sentencing reform. The 6 largest population of people incarcerated 7 under the drug laws still were not going to be 8 affected by the actions that we took last 9 January. 10 Only those who were convicted of 11 A-I felonies were eligible, for the most part, 12 to have their sentences looked at again, with 13 an eye towards having their sentences reduced 14 and in many cases, we would hope, to be able 15 to finally be released from prison. 16 The flaw with even the A-I 17 drug-related felonies is that those who are 18 incarcerated were not in any way provided with 19 the resources to have their sentences looked 20 at again. And to this day, we are all 21 struggling to find attorneys to take on these 22 cases to have the cases looked at, because 23 there are no Legal Aid or legal services 24 resources to help those incarcerated under the 25 A-I drug offenses to have their cases

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(518) 371-8910 1 revisited. 2 And even those few who are having 3 their cases revisited are having different 4 kinds of results, depending on what borough or 5 what county their cases emanated from. So, 6 for instance, the Brooklyn district attorney 7 is kind of moving them along. The same is 8 true in Westchester. The same is true in 9 Queens. However, in Manhattan, none of these 10 cases are moving forward. 11 And in fact, I know that there's a 12 case going on -- I don't know the 13 circumstances -- where the Manhattan DA is 14 actually actively fighting one of these 15 resentencings. 16 And really, what we did here was to 17 say that -- or the intent was that the 18 sentences for these A-I nonviolent felonies 19 were too draconian and we acknowledged that 20 those sentences should be reduced. 21 In addition, in that bill, on the 22 issue of having, you know, participating in 23 programs and having a good record should go 24 towards a reduction in your sentences for 25 other categories of felons, is really a

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(518) 371-8910 1 mirage, because all of those programs have 2 waiting lists on them and there was no money 3 to increase the number of those programs. So 4 no one can get into the programs so that they 5 can get the good-time benefits and have their 6 sentences be reduced. 7 So now, we have before us a bill 8 that deals with the A-IIs. I would have to 9 say we're going to have the same problem. 10 There are no attorneys out there who have the 11 time or have -- you know, or are getting paid 12 in any way privately or through government 13 grants to help those who are unfairly 14 incarcerated, which we admit that they were 15 unfairly incarcerated under the Rockefeller 16 Drug Laws. 17 Now, on top of all of that, we're 18 still not touching the Bs. The B felons still 19 are not able to have their sentences reviewed 20 except under the mirage of going through 21 programs which have waiting lists so they 22 can't even get into those programs to get the 23 good records so they can have their sentences 24 reduced. 25 Now, many of you know that we did

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(518) 371-8910 1 an exhaustive study with our conference and 2 with the staff members of our conference where 3 we reached out to DAs and judges and people 4 across the country in every state. And what 5 our survey proved was that New York State is 6 completely and totally, utterly out of the 7 mainstream, that our laws are far beyond what 8 any other jurisdiction has in this nation. 9 And we had DAs come before us and 10 say, We would never need what you have. What 11 we have in our criminal justice system, the 12 laws that we have on our books -- which are 13 far less onerous than the laws that we have in 14 New York State -- are plenty to prosecute drug 15 offenders. 16 And so, still, nonviolent drug 17 offenders, those who have already been 18 convicted of B felonies, those who may be 19 convicted of B felonies in the future -- 20 nonviolent B felonies -- are still going to 21 have unconscionably long sentences. Judges' 22 hands will still be tied in terms of giving 23 them a fair sentence. They're still not going 24 to be allowed to sentence people to drug 25 treatment.

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(518) 371-8910 1 And so, again, this tiny little 2 incremental sentencing reform is -- is so 3 minimal, so tiny compared to what we should be 4 doing in this Legislature to really reform the 5 Rockefeller Drug Laws. 6 We've had all year to keep working 7 on it. And yet this is the end result, just a 8 little bit more with the A-II felons when we 9 know what was wrong with what was done in 10 December? We still, for nonviolent drug 11 offenders -- by the way, many of whom are 12 women -- are still not going to be able to 13 have their addiction or any of the crime, the 14 nonviolent crime that may result from their 15 conviction be dealt with as a mental health 16 issue, as a way to deal with the addiction 17 issue? Still, judges are still only going to 18 be able to look at what is happening with them 19 as a criminal justice issue. 20 So, yes, a few more incarcerated 21 men, almost all men, will be eligible to have 22 their sentences reduced under this sentencing 23 reform we're doing today. But they have to 24 get in line, because the A-Is still aren't 25 having their cases looked at.

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(518) 371-8910 1 So who's getting helped right now? 2 Very few people. Only those lucky enough to 3 find lawyers willing to take their cases for 4 free. So the A-IIs are going to have to get 5 in line behind the A-Is who aren't getting 6 help. People still not going to be able to 7 get into programs, because the programs are 8 filled in the prison system. And those who 9 have now already been in jail because they 10 were convicted as B felons, and those who are 11 going to be convicted under B felonies, are 12 not going to get the treatment they need, are 13 going to languish in jail. And it's our 14 fault. Surely we can do better than this. 15 Thank you, Madam President. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Montgomery. 19 SENATOR MONTGOMERY: Yes, Madam 20 President, I just want to reiterate what 21 Senator Duane said in terms of the smallness 22 of this move. 23 And I know that I was one of the 24 people who voted no on the so-called reform 25 bill, because I thought that it was such a

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(518) 371-8910 1 contradiction in what we were talking about. 2 We still are not talking about treatment. 3 We're not talking about judicial discretion. 4 There is no indication that we're doing 5 anything about reentry, issues around reentry. 6 We're not talking about probation, expanded 7 probation to address drug offenses, or any 8 other alternative to incarceration. 9 So this is really very, very small. 10 It's a small number of people who will be 11 eligible under this. We have -- even with the 12 legislation that we passed last year, there 13 are very, very few people who have to date 14 been able to have their sentences redressed 15 based on that. So we're not doing very much. 16 But it's inching along. 17 I must add that the big 18 disappointment for me is that as we move these 19 little inches along forward, we are taking 20 giant steps backward in every other sense. So 21 in a sense we have not addressed criminal 22 justice reform, really. 23 So, Madam President, I think I'm 24 going to vote yes on this bill. But it 25 certainly defies my sense of any real -- what

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(518) 371-8910 1 we should be doing about any real criminal 2 justice reform. 3 Thank you. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Schneiderman. 7 SENATOR SCHNEIDERMAN: Thank you, 8 Madam President. Briefly on the bill. 9 ACTING PRESIDENT LITTLE: On the 10 bill. 11 SENATOR SCHNEIDERMAN: I want 12 to -- I am also going to support this reform, 13 incremental as it is, tiny as it is. 14 But I cannot emphasize enough one 15 of the central points that was just made by 16 Senator Duane and by Senator Montgomery. We 17 have provided no system to see that the people 18 who are eligible for resentencing are 19 receiving legal representation. 20 I have participated in meetings in 21 New York City of pro bono coordinators at law 22 firms or the leaders of the Legal Aid and the 23 New York State Defenders. Those agencies are 24 taking on a burden without any increase -- in 25 fact, with decreases in their funding, in many

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(518) 371-8910 1 cases -- that they shouldn't have to take on. 2 We are setting ourselves up for 3 failure when you say we're going to make a few 4 people eligible for resentencing but you're 5 not going to have any reentry counseling, 6 you're not going to have access to a lawyer. 7 You're taking people who have been in prison 8 for a long time and essentially leaving them 9 to their own devices. 10 So the system by which we are 11 seeking to reform the Rockefeller Drug Laws is 12 flawed in two respects. One, it's proceeding 13 too slowly, in very small increments. And, 14 second, it will not succeed at all if we don't 15 address the issue of legal counsel and reentry 16 programs for the people we are making 17 eligible. 18 I am going to support this bill, 19 Madam President, but next year I hope we will 20 address the broader issues involved. 21 Thank you. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Is there any other Senator who 25 wishes to be heard on the bill?

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(518) 371-8910 1 The debate is closed. The 2 Secretary will ring the bell. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT LITTLE: Excuse 10 me. Could we have quiet in the chamber, 11 please, while we have members who wish to 12 explain their vote. 13 Senator DeFrancisco, to explain his 14 vote. 15 SENATOR DeFRANCISCO: Yes, I'm 16 voting yes on this bill. 17 And having been on the conference 18 committee, the joint conference committee on 19 reform of the Rockefeller Drug Laws, I think 20 this is the next logical step. 21 No one is going to be let out of 22 jail without a full hearing and without proof 23 that this is the right thing to do. And it 24 corrects some of the inflexible sentencing 25 that we've been having for years under the

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(518) 371-8910 1 original Rockefeller Drug Laws. 2 So it's the right thing to do. And 3 having put in the first Rockefeller drug 4 reform bill in the Senate, I think we're 5 moving in the right direction. And hopefully 6 we'll continue with flexible sentencing on 7 other charges as well so courts can be in a 8 position to impose a sentence that fits the 9 particular individual. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator DeFrancisco will be 13 recorded in the affirmative. 14 Senator Duane, to explain his vote. 15 SENATOR DUANE: Thank you, Madam 16 President. 17 I'm voting in the negative, as I 18 believe I indicated in my remarks. But I have 19 to say that I was a participant in the 20 conference committee meetings, and I must have 21 missed the meetings where we agreed to this 22 particular part of the sentencing reform. 23 So I hope that I'm kept posted when 24 these decisions are being made in the 25 future -- unless perhaps the conference

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(518) 371-8910 1 committee actually didn't meet about this. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Senator 4 Duane will be recorded in the negative. 5 The Secretary will announce the 6 results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1903 are 9 Senators Andrews, Duane, Hassell-Thompson, 10 C. Kruger, Maltese, Marcellino, Meier, 11 Montgomery, Parker, Winner, Wright and Young. 12 Also Senator Padavan. Also Senator Connor. 13 Ayes, 46. Nays, 14. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1907, substituted earlier today by Member of 19 the Assembly Sanders, Assembly Print Number 20 2168A, an act to amend the Education Law. 21 SENATOR OPPENHEIMER: 22 Explanation. 23 ACTING PRESIDENT LITTLE: Senator 24 Saland for an explanation, please. 25 SENATOR SALAND: Thank you, Madam

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(518) 371-8910 1 President. 2 Madam President, this is a bill 3 which deals with the use of federal funds for 4 preschool funding for children with 5 disabilities. Under existing law, what we 6 have been doing is distributing those monies 7 to providers based on a per-student basis. 8 What this proposes to do is to 9 change that distribution. What it does is it 10 will provide those funds now based on a 11 prorated basis, starting in the 2007-2008 12 school year, it will be driven by the types of 13 services -- 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator Saland. Go ahead. 16 SENATOR SALAND: It will be 17 driven by services and not merely students. 18 So that if, for example, somebody 19 is providing, as part of the IEP for these 20 preschool students with disabilities, speech 21 therapy, under the existing law, they will be 22 paid on a per-capita basis, whereas somebody 23 may be providing multiple services and will 24 get the same amount of money. 25 It's an effort to try and be a bit

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(518) 371-8910 1 more equitable so this pro-rata basis will 2 recognize that. 3 There are two municipalities, or 4 two counties, Westchester and Suffolk, which 5 effectively will continue to be funded as they 6 have previously. They are treated differently 7 than everybody else. And that's in large part 8 because, in addition to the services they're 9 providing, they're also providing educational 10 programming. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Oppenheimer. 14 SENATOR OPPENHEIMER: Thank you 15 for the explanation, Senator Saland. 16 If I could ask some questions of 17 the Senator. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Saland, do you yield? 21 SENATOR SALAND: Yes, Madam 22 President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 The Senator yields.

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(518) 371-8910 1 SENATOR OPPENHEIMER: Thank you 2 for yielding. 3 Are you aware, Senator Saland, that 4 there are currently hundreds of children with 5 disabilities in Nassau and in Suffolk and 6 New York City that are waiting for services 7 because there are no providers available? 8 And I have an actual waiting list 9 from the New York City Department of Education 10 with like 350 names that are waiting for 11 services now in April of '05. 12 SENATOR SALAND: Well, I'm not 13 aware of the exact number. But certainly I 14 would think that the use of pro-rata funding, 15 as distinguished from per-capita funding, is 16 going to free up additional dollars to provide 17 for more students. 18 SENATOR OPPENHEIMER: Actually -- 19 if the Senator would continue to yield. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Saland, do you continue to 23 yield for a question? 24 SENATOR SALAND: Yes, Madam 25 President.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 The Senator yields. 4 SENATOR OPPENHEIMER: Are you 5 aware that the providers that provide these 6 services in the home of the child, that they 7 have said they cannot continue to provide 8 these services unless the allocation for them 9 is increased? 10 They figure maybe a quarter -- a 11 third of the money they now receive by 12 providing in home services will be reduced. 13 And right now the rates are so low that many 14 of them are moving away from this service, and 15 that's prior to the one-third reduction. 16 So -- 17 SENATOR SALAND: Madam President, 18 could I just have a little quiet here, please. 19 I'm having difficulty hearing Senator 20 Oppenheimer. 21 ACTING PRESIDENT LITTLE: Thank 22 you. It's difficult to hear the speakers who 23 are addressing the bill. Could we have it 24 quieter in the chamber, please. 25 SENATOR OPPENHEIMER: Thank you,

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(518) 371-8910 1 Madam President. 2 The issue is that for those who are 3 not providing the services in a center, those 4 who are not -- you know, not the center-based, 5 but those that services that are being 6 provided in-home, the fees that they are paid 7 are very, very low. And for the most part, 8 the in-home service providers are saying they 9 cannot continue if their reimbursement is 10 one-third reduced. 11 SENATOR SALAND: My understanding 12 is that this is supplemental funding in 13 addition to the funding that they may be 14 receiving through SED. 15 And again, the effort here is to 16 try and recognize that the per-capita system 17 is a system that says if you provide one 18 service to one preschool disabled student, 19 you're going to get the same amount of funding 20 as the entity, whether it be in the home or in 21 a more structured environment, that provides 22 two, three or four of those services. 23 So the sense was to try and 24 establish equity. And in the process, instead 25 of paying everybody uniformly the same amount,

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(518) 371-8910 1 it would hopefully free up some founds that 2 could be used for additional programming. 3 SENATOR OPPENHEIMER: If the 4 Senator would continue to yield. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Saland, do you continue to 8 yield? 9 SENATOR SALAND: Yes, Madam 10 President. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 The Senator yields. 14 SENATOR OPPENHEIMER: The 15 center-based services are provided funding 16 from more than one source. The people that go 17 into the home, those providers have this 18 single source. And that source is not paying 19 them enough now to continue. The center-based 20 are already filled. So if the providers that 21 are doing in-home say that they won't 22 continue, what are we going to do with these 23 disabled children? 24 SENATOR SALAND: These funds that 25 we're addressing here are a pot that's finite.

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(518) 371-8910 1 They're federal funds that are passed through 2 to us. We may alter the manner in which 3 they're distributed, and are attempting to do 4 that here, in part to provide greater equity 5 and more services. 6 What SED does with the base rates 7 for centers is a function entirely separate 8 and apart from what this bill deals with. 9 This bill, incidentally, passed, I believe, 10 148 to nothing earlier in the Assembly. 11 SENATOR OPPENHEIMER: And if the 12 Senator will yield for one last question. 13 SENATOR SALAND: Yes, Madam 14 President. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 The Senator yields. 18 SENATOR OPPENHEIMER: The ADA 19 says that children and people with 20 disabilities should be in their least 21 restrictive environment. Many parents feel 22 that their services -- perhaps their child 23 needs two hours of speech intervention twice a 24 week. Maybe the whole panoply of services 25 offered in the center are not what the child

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(518) 371-8910 1 needs. Maybe the least restrictive is the 2 in-home services. 3 Would this be able to continue if 4 we hear from those providers that they're not 5 going to do it? 6 SENATOR SALAND: I'm sorry, I 7 heard you as far as "would this be permitted 8 to continue." 9 SENATOR OPPENHEIMER: Well, the 10 fact is we feel that in Nassau and Suffolk and 11 New York City the in-home providers are saying 12 they will not continue. And I wonder how we 13 can assist them if we are not giving them the 14 funds that they need. 15 SENATOR SALAND: To the extent 16 that that is an issue of concern, as well it 17 should be, this bill, simply because of the 18 limits with which we're dealing, 19 passed-through federal dollars, will not get 20 to the kind of resolution that you're looking 21 at. To the extent that there are -- there's a 22 need for more funding, and that's certainly a 23 policy issue that's to be determined in this 24 house, the other house and with the Governor 25 and the Ed Department, that would be an issue

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(518) 371-8910 1 to be resolved with the Ed department. 2 But this pot is finite. Again, we 3 don't control the amount of money. What we're 4 attempting to do is reconfigure the 5 distribution of the money to be more 6 equitable. 7 SENATOR OPPENHEIMER: Thank you, 8 Senator Saland. 9 On the bill, please. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Oppenheimer, on the bill. 13 SENATOR OPPENHEIMER: For some 14 reason the early intervention services in 15 Nassau and Suffolk are paid at a deplorably 16 low rate. And I think that is why we are 17 seeing so many of the providers saying if 18 there's another cut, we're out of here. 19 So I'll be voting no on this, 20 because I think it will reduce the number of 21 services that are available for our children 22 who are most in need. And the center-based 23 don't seem to have any additional slots, so I 24 don't know what will happen with these 25 children that will be deprived of those

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(518) 371-8910 1 services. These are our most vulnerable 2 children. 3 Thank you, Madam President. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Stavisky. 7 SENATOR STAVISKY: Thank you, 8 Madam President. 9 I was going to raise that issue 10 also with the sponsor, that we seem to be 11 moving away from the mandate of putting a 12 child in the least restrictive environment and 13 really violating the spirit of the Individuals 14 with Disabilities Act. And I find that 15 troubling. 16 I know that this is a pass-through 17 agency, and the number of dollars is limited, 18 it is finite. However, when we shift away 19 from the least restrictive environment into an 20 organized school type or facility type of 21 setting, the number of choices are also 22 reduced. 23 There has really been, as far as 24 I'm concerned, a lack of research. And in 25 fact, one of the memoranda from the New York

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(518) 371-8910 1 State Association of Counties points out the 2 fact that we ought to take a look at the 3 research and determine how the allocations 4 should be appropriated. 5 I am very concerned about the fact 6 that there are 350 or so children from 7 New York City on that waiting list. 8 Approximately a little over 80 children are 9 from Queens County, which I represent. And 10 they're not receiving the services. And 11 they're going to continue on the waiting list 12 if this legislation is enacted. 13 We're shifting our funding from the 14 lowest-cost providers to the most expensive. 15 And when the number of dollars is limited, I 16 think that's a foolish move. 17 I will vote no on this legislation. 18 And I hope that a study can be conducted to 19 determine how these federal dollars can best 20 be allocated. And until such time as that is 21 concluded, I will vote in the negative. 22 ACTING PRESIDENT LITTLE: Thank 23 you, Senator. 24 Senator Schneiderman. 25 SENATOR SCHNEIDERMAN: Thank you,

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(518) 371-8910 1 Madam President. On the bill. 2 ACTING PRESIDENT LITTLE: On the 3 bill. 4 SENATOR SCHNEIDERMAN: I 5 appreciate the problem that this legislation 6 attempts to address. We are essentially in a 7 position where we're being forced to rob Peter 8 to pay Paul or Steve to pay Susie or something 9 like that. 10 Unfortunately, I think that this 11 particular solution moves us away from a 12 treatment model that I think is very 13 important, both in terms of the delivery of 14 services and, frankly, in terms of financial 15 efficiency. 16 The least restrictive environment 17 is something that is tremendously important. 18 The number of students who can get services in 19 a natural environment there's no question will 20 be reduced by this particular approach. 21 We should be expanding those types 22 of choices, expanding the choices. And this 23 is a part of a much broader movement in 24 healthcare, healthcare for seniors. Let's use 25 the least restrictive environment. Let's

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(518) 371-8910 1 finance the least restrictive environment 2 whenever possible. Let's not force people 3 into programs they don't need to be in and 4 that cost more money. 5 And quite simply, that's why I'm 6 going to be voting in the negative on this 7 bill. I think this moves us in the wrong 8 direction, and it could reduce payments to 9 providers of those services by as much as 10 20 percent, according to our analysis. And I 11 just think that that -- there has to be a 12 better way. 13 I know this is not a situation of 14 our own choosing, but we have to take care of 15 the providers who are offering services that 16 are the best services and the least expensive 17 services for thousands of our children. We 18 shouldn't be hurting them, and this 19 legislation would. 20 So with all respect for the intent, 21 I'm going to be voting no. 22 Thank you, Madam President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Are there any other Senators

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(518) 371-8910 1 wishing to be heard? 2 Thank you. The debate is closed. 3 The Secretary will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect July 1, 2005. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT LITTLE: Senator 11 Saland, to explain his vote. 12 SENATOR SALAND: Yes, to explain 13 my vote. 14 During the course of the exchange, 15 I mentioned that this pro rata -- I'm sorry, 16 this proration would begin, I believe I said, 17 in 2007-2008. It begins in 2006-2007, 18 two-thirds '06-'07, one-third '07-'08. And I 19 wanted to correct the record. 20 And I'll still vote in the 21 affirmative. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Saland will be recorded in 25 the affirmative.

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(518) 371-8910 1 The Secretary will announce the 2 results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1907 are 5 Senators Breslin, Connor, Duane, Hannon, 6 L. Krueger, Marcellino, Sabini, Schneiderman, 7 A. Smith and Stavisky. Also Senator Morahan. 8 Also Senator Oppenheimer. 9 Ayes, 48. Nays, 12. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Thank you, Madam 14 President. If we could now go to the 15 supplemental active list, beginning with 16 Calendar Number 4 -- oh, you have a motion? 17 ACTING PRESIDENT LITTLE: Senator 18 Skelos, could we do some motions? 19 SENATOR SKELOS: Please do the 20 motions. 21 ACTING PRESIDENT LITTLE: Senator 22 Robach. 23 SENATOR ROBACH: I wish to call 24 up my bill, Print Number 3894, recalled from 25 the Assembly, which is now at the desk.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 Secretary will read. 3 SENATOR ROBACH: Madam President, 4 I now move to reconsider the vote -- hey, 5 don't slow me down. 6 (Laughter.) 7 ACTING PRESIDENT LITTLE: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 551, by Senator Robach, Senate Print 3894, an 11 act to amend the Retirement and Social 12 Security Law. 13 ACTING PRESIDENT LITTLE: Senator 14 Robach. 15 SENATOR ROBACH: Madam President, 16 I now move to reconsider the vote by which the 17 bill was passed. 18 ACTING PRESIDENT LITTLE: Call 19 the roll on reconsideration of the vote. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT LITTLE: Senator 23 Robach. 24 SENATOR ROBACH: That's all I 25 have.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 Secretary will read the substitutions. 3 THE SECRETARY: On page 26, 4 Senator Volker moves to discharge, from the 5 Committee on Rules, Assembly Bill Number 4745C 6 and substitute it for the identical Senate 7 Bill Number 4625B, Third Reading Calendar 901. 8 And on page 29, Senator Hannon 9 moves to discharge, from the Committee on 10 Rules, Assembly Bill Number 7769 and 11 substitute it for the identical Senate Bill 12 Number 4789, Third Reading Calendar 985. 13 ACTING PRESIDENT LITTLE: 14 Substitutions ordered. 15 Senator Skelos. 16 SENATOR SKELOS: If we could go 17 to the supplemental active list, beginning 18 with Calendar Number 473. 19 ACTING PRESIDENT LITTLE: The 20 Secretary will read the supplemental active 21 list. 22 THE SECRETARY: Calendar Number 23 473, by Senator LaValle, Senate Print 3658A, 24 an act to amend the Environmental Conservation 25 Law and the Public Lands Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 589, by Senator Maltese, Senate Print 4173A, 13 an act to amend the Administrative Code of the 14 City of New York. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 14. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 691, by Member of the Assembly Paulin, 2 Assembly Print Number 1011A, an act to amend 3 the Agriculture and Markets Law. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 726, by Member of the Assembly Bradley, 17 Assembly Print Number 6723A, an act to amend 18 the Penal Law. 19 ACTING PRESIDENT LITTLE: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 783, by Member of the Assembly Wright, 7 Assembly Print Number 6362B, an act to amend 8 the Arts and Cultural Affairs Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LITTLE: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 911, by Senator Fuschillo, Senate Print 4040B, 21 an act to amend the Retirement and Social 22 Security Law. 23 ACTING PRESIDENT LITTLE: Senator 24 Skelos, there is a message of necessity at the 25 desk.

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(518) 371-8910 1 SENATOR SKELOS: Move to accept. 2 ACTING PRESIDENT LITTLE: All in 3 favor of the motion to accept the message of 4 necessity say aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT LITTLE: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT LITTLE: The 10 message is accepted. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 927, by Senator Balboni, Senate Print 4286A, 22 an act to amend the Public Authorities Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1281, by Member of the Assembly Thiele, 10 Assembly Print Number 6069A, an act in 11 relation to reassessment. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1331, by Senator Balboni, Senate Print 186C, 24 an act to amend the General Business Law. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Skelos. 2 SENATOR SKELOS: Is there a 3 message of necessity at the desk? 4 ACTING PRESIDENT LITTLE: Yes, 5 Senator, there is a message of necessity at 6 the desk. 7 SENATOR SKELOS: Move to accept, 8 please. 9 ACTING PRESIDENT LITTLE: All in 10 favor of the message of necessity say aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT LITTLE: All 13 opposed, nay. 14 (No response.) 15 ACTING PRESIDENT LITTLE: The 16 message is accepted. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 90th day. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT LITTLE: Senator 24 Balboni, to explain his vote. 25 SENATOR BALBONI: Yes, Madam

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(518) 371-8910 1 President, this is a new version of a bill 2 that this house has passed several years in a 3 row now. We are moving closer to an 4 agreement. It's on the issue of spyware. 5 I just attended a cybersecurity 6 conference that was held up here. The 7 director of cybersecurity infrastructure, Will 8 Pegrin, held a great conference. And, ladies 9 and gentlemen, the threats get more and more 10 serious to the integrity of our computer 11 systems. 12 This is an incredibly necessary 13 act, along with Senator Fuschillo's bill about 14 intrusion notification, all the other measures 15 we're taking. We need to do this to make sure 16 that the computing systems that we rely on so 17 integrally every single day are safe and 18 secure. We hope to have agreement on this 19 very shortly. 20 Thank you, Madam President. I vote 21 aye. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Balboni will be recorded in 25 the affirmative.

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(518) 371-8910 1 Senator Montgomery, to explain her 2 vote. 3 SENATOR MONTGOMERY: Yes, Madam 4 President, I note that on prior bills there 5 are several -- 6 ACTING PRESIDENT LITTLE: Are you 7 explaining your vote? 8 SENATOR MONTGOMERY: I'm 9 explaining my vote. 10 ACTING PRESIDENT LITTLE: On this 11 bill? 12 SENATOR MONTGOMERY: On this 13 bill. 14 ACTING PRESIDENT LITTLE: Okay, 15 thank you. 16 SENATOR MONTGOMERY: In prior 17 votes, Senator Krueger, myself, Senator 18 Paterson, Senator A. Smith and Senator 19 M. Smith have opposed this. I believe we are 20 withdrawing our opposition, and we're now 21 supporting the new version of Senator 22 Balboni's bill. 23 Thank you. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Montgomery will be recorded 2 in the affirmative. 3 The Secretary will announce the 4 results. 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1630, by Senator Libous, Senate Print 5688A, 10 an act to amend the Education Law. 11 ACTING PRESIDENT LITTLE: Senator 12 Skelos. 13 SENATOR SKELOS: Madam President, 14 is there a message of necessity at the desk? 15 ACTING PRESIDENT LITTLE: Yes, 16 there is, Senator. 17 SENATOR SKELOS: Move to accept. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 All in favor of the message of 21 necessity say aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT LITTLE: 24 Opposed, nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 message is accepted. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1775, Senator Winner moves to 14 discharge, from the Committee on Finance, 15 Assembly Bill Number 4975A and substitute it 16 for the identical Senate Bill Number 5848A, 17 Third Reading Calendar 1775. 18 ACTING PRESIDENT LITTLE: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1775, by Member of the Assembly Destito, 23 Assembly Print Number 4975A, an act to amend 24 the Executive Law. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1794, by Senator Golden, Senate Print 5810A, 12 an act to amend the Social Services Law. 13 ACTING PRESIDENT LITTLE: Senator 14 Skelos. 15 SENATOR SKELOS: Madam President, 16 is there a message of necessity at the desk? 17 ACTING PRESIDENT LITTLE: Yes, 18 there is. 19 SENATOR SKELOS: Move to accept. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 All those in favor of accepting the 23 message of necessity say aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT LITTLE:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT LITTLE: The 4 message is accepted. 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT LITTLE: Senator 12 Golden, to explain his vote. 13 SENATOR GOLDEN: Thank you, Madam 14 President. 15 I rise today to thank the Governor 16 of the State of New York and the task force 17 that was assembled, with Children and Family 18 Services, to look into the 1400 children that 19 we have in placements outside of the city and 20 state of New York. 21 In those placements, they were 22 placed in residences where we had little 23 oversight. And the oversight that we did have 24 did not match the oversight of that of the 25 State of New York. And what we've seen were

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(518) 371-8910 1 our children being strapped down, being abused 2 for hours upon hours, days upon days. We've 3 seen two deaths in New Jersey. We've seen in 4 another state where they were using electric 5 shock in 2004. 6 It is about time that we bring 7 these children home and that we give them the 8 proper services and the proper treatment and 9 the proper residency requirements for them and 10 their families and bring them home to their 11 families. And if they do have to place them 12 out of state, that the residences that they 13 are placed in adhere to the rules and 14 regulations of that of the State of New York. 15 So this is a great day for Billy -- 16 that is the gentleman which we took this 17 endeavor on for. And Billy's Law is something 18 that we brought before this body last year; we 19 were unsuccessful. But this year we are 20 successful. 21 It costs us $200,000 per child to 22 send him out of state or her out of state. 23 You could keep a child at the Waldorf Astoria 24 for $200,000 a year and give them better 25 treatment than what they were giving them in

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(518) 371-8910 1 Jersey and in other states around the country. 2 So we're glad to have been able to 3 bring these children, a lot of them, home, and 4 we're glad that we're able to get the 5 requirements and the securities and the 6 prerequisites that we need to be able to make 7 sure that our children are safe. 8 So we thank the Governor, we thank 9 the task force. It's a great day for all of 10 the children that are brain-trauma'd and that 11 are outside this city. And we thank the 12 Governor and the task force for doing that. 13 Thank you, Madam President. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Golden will be recorded in 17 the affirmative. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1844, by Senator Libous, Senate Print 5829, an 25 act to amend the Public Authorities Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Spano. 3 SENATOR SPANO: Is there a 4 message at the desk? 5 ACTING PRESIDENT LITTLE: Yes, 6 there is, Senator. 7 SENATOR SPANO: I request that it 8 be read. 9 ACTING PRESIDENT LITTLE: All 10 those in favor of accepting the message of 11 necessity say aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT LITTLE: Those 14 opposed. 15 (No response.) 16 ACTING PRESIDENT LITTLE: The 17 message is accepted. 18 Read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1852, by Senator Maziarz, Senate Print 26B, an 4 act to amend the General Municipal Law and the 5 State Finance Law. 6 ACTING PRESIDENT LITTLE: Senator 7 Spano. 8 SENATOR SPANO: Madam President, 9 is there a message at the desk? 10 ACTING PRESIDENT LITTLE: Yes, 11 there is. 12 SENATOR SPANO: I ask that it be 13 read. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 All those in favor of accepting the 17 message of necessity say aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT LITTLE: Those 20 opposed. 21 (No response.) 22 ACTING PRESIDENT LITTLE: The 23 message is accepted. 24 The Secretary will read. 25 THE SECRETARY: Section 6. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. Nays, 6 1. Senator Rath recorded in the negative. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1866, by Senator Wright, Senate Print 5565A, 11 an act to amend the Tax Law. 12 ACTING PRESIDENT LITTLE: Senator 13 Spano. 14 SENATOR SPANO: Is there a 15 message at the desk? 16 ACTING PRESIDENT LITTLE: Yes, 17 there is, Senator. 18 SENATOR SPANO: I ask that it be 19 read. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 All those in favor of accepting the 23 message of necessity say aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT LITTLE: Those

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(518) 371-8910 1 opposed. 2 (No response.) 3 ACTING PRESIDENT LITTLE: The 4 message is accepted. 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1878, by Senator Volker, Senate Print 5905, an 16 act to amend the Public Authorities Law and 17 the Tax Law. 18 ACTING PRESIDENT LITTLE: Senator 19 Spano. 20 SENATOR SPANO: Madam President, 21 is there a message at the desk? 22 ACTING PRESIDENT LITTLE: Yes, 23 there is, Senator. 24 SENATOR SPANO: I ask that it be 25 read.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: All 2 those in favor of accepting the message of 3 necessity say aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT LITTLE: Those 6 opposed. 7 (No response.) 8 ACTING PRESIDENT LITTLE: The 9 message is accepted. 10 Read the last section. 11 THE SECRETARY: Section 12. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LITTLE: Call 14 the roll. 15 (The Secretary called the roll.) 16 SENATOR MONTGOMERY: Lay it 17 aside. 18 ACTING PRESIDENT LITTLE: The 19 bill is laid aside. 20 Senator Skelos. 21 SENATOR SKELOS: Madam President, 22 would you please call up Calendar Number 1801, 23 which is on the supplemental active list. 24 ACTING PRESIDENT LITTLE: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1801, by Senator Marcellino, Senate Print 3 5833, an act to amend the Environmental 4 Conservation Law. 5 ACTING PRESIDENT LITTLE: Senator 6 Skelos. 7 SENATOR SKELOS: Is there a 8 message of necessity at the desk? 9 ACTING PRESIDENT LITTLE: Yes, 10 there is, Senator. 11 SENATOR SKELOS: Move to accept. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 All those in favor of accepting the 15 message of necessity say aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT LITTLE: Those 18 opposed. 19 (Response of "Nay.") 20 ACTING PRESIDENT LITTLE: The 21 message is accepted. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect upon the adoption of the 25 Interstate Wildlife Violator Compact.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 Senator Skelos. 8 SENATOR SKELOS: Madam President, 9 on Supplemental Calendar B, would you please 10 call up Calendar Number 1904. 11 ACTING PRESIDENT LITTLE: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 1904, by the Senate Committee on Rules, Senate 15 Print Number 5898, an act to amend Chapter 738 16 of the Laws of 2004. 17 ACTING PRESIDENT LITTLE: Senator 18 Skelos. 19 SENATOR SKELOS: Is there a 20 message at the desk? 21 ACTING PRESIDENT LITTLE: Yes, 22 there is, Senator. 23 SENATOR SKELOS: Move to accept. 24 ACTING PRESIDENT LITTLE: All in 25 favor of accepting the message of necessity

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(518) 371-8910 1 say aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT LITTLE: And 4 those opposed. 5 (No response.) 6 ACTING PRESIDENT LITTLE: The 7 message is accepted. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 could we take up Calendar Number 1878, which 20 is on the controversial calendar. 21 ACTING PRESIDENT LITTLE: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 1878, by Senator Volker, Senate Print 5905, an 25 act to amend the Public Authorities Law and

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(518) 371-8910 1 the Tax Law. 2 ACTING PRESIDENT LITTLE: Senator 3 Brown. 4 SENATOR BROWN: Thank you, Madam 5 President. 6 Let me just say that a control 7 board is never a good thing. But in this 8 case, unfortunately, it's a necessary thing. 9 Erie County government has a deficit in excess 10 of $18 million, and the county executive and 11 the legislature have been unable on their own 12 to work together to close that deficit. So 13 this is a necessary action. 14 And as you all know, the Erie 15 County government is the seventh largest 16 county in our state, containing the city of 17 Buffalo, the second largest city in our state. 18 Initially, as this board was coming 19 together, I was concerned that it sounded like 20 the County of Erie would be treated 21 differently from the City of Buffalo. I'm 22 very pleased that that did not occur. 23 I'm very pleased that Buffalo, as 24 you know, that has a control board also -- and 25 a tough control board -- is beginning to

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(518) 371-8910 1 rebound. The city is beginning to again see 2 fiscal stability, and this year Buffalo was 3 able to balance its budget. 4 In this legislation there are a 5 number of triggers in the legislation that 6 require the county executive and the 7 legislature to do certain things to show that 8 county government is being managed in a 9 fiscally responsible way. If those triggers, 10 if those threshold levels are not met, the 11 control board will go from what is being 12 called a soft board, a soft control board, to 13 what is being described as a hard board with 14 greater fiscal oversight, with greater 15 monitoring of the actions and management of 16 county government. And I think that that is 17 an appropriate step. 18 But I do want to say that as this 19 legislation goes forward and as we contemplate 20 the needs of the County of Erie and the City 21 of Buffalo in the future, I want to make sure 22 that we are treating the City of Buffalo 23 within the County of Erie fairly, that we are 24 realizing that this is the seventh largest 25 county in our state, that Buffalo is the

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(518) 371-8910 1 second largest city in our state, and for our 2 state to remain healthy, for our state to 3 remain strong, it's important for Erie County 4 and the City of Buffalo to remain healthy and 5 strong. 6 I just want to use this opportunity 7 to talk about one disparity that I see. As 8 you know, there is an additional 1 percent 9 sales tax above and beyond the initial 10 original 7 percent that Erie County had. That 11 additional 1 percent all goes to the County of 12 Erie. Now, many, including myself, have 13 expressed our concerns about that. But I want 14 you to know what that means in real numbers. 15 That additional 1 percent is almost 16 20 years old now, something that was supposed 17 to be a temporary tax to get the County of 18 Erie initially out of what was a fiscal 19 deficit in the mid-eighties. Now, that 20 deficit at that time was $75 million, with 21 interest of about $30 million. Well, in all 22 this period of time that additional 1 percent 23 has generated $1.823 billion for Erie County 24 government, none of it shared with the City of 25 Buffalo.

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(518) 371-8910 1 So while I am certainly going to be 2 supporting this necessary piece of legislation 3 to secure, to stabilize, to shore up the 4 necessary Erie County government, I am hopeful 5 that as we revisit and look at these issues in 6 the future that we will make sure that the 7 City of Buffalo is treated fairly. 8 I just want to share some numbers 9 with you. When you look at Erie County, the 10 City of Buffalo receives 24.31 percent of the 11 additional 1 percent of sales tax. 12 When you look at Rochester, in 13 Monroe County, Rochester receives 14 66.22 percent of the sales tax. 15 When you look at Syracuse, in 16 Onondaga County, Syracuse received a whopping 17 70.99 percent of the sales tax. 18 Now, Buffalo is 31 percent of the 19 county population, Rochester is 29 percent of 20 the population of Monroe, and Syracuse is 21 31 percent of Onondaga's population. There's 22 clearly a disparity here. I'm asking you, 23 colleagues, to consider this, to look at this 24 in the future. We won't deal with this this 25 year, but you will have the opportunity to

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(518) 371-8910 1 look at this in future years. 2 I want to commend Senator Volker 3 and Assembly Member Tokasz for their action in 4 fashioning this piece of legislation. I want 5 to also commend all of the other members of 6 the Western New York State legislative 7 delegation, and Senator Volker as the dean of 8 the delegation that made sure that we were all 9 involved in this process, that we were able to 10 provide some input in how this control board 11 came together. 12 A control board is never a good 13 thing. In this case, it's a necessary thing. 14 We're taking the next steps to shore up the 15 seventh largest county in the State of New 16 York. 17 Thank you, Madam President. I will 18 be voting yes. 19 ACTING PRESIDENT LITTLE: Thank 20 you, Senator Brown. 21 Senator Rath. 22 SENATOR RATH: I'll speak after 23 Senator Volker. 24 ACTING PRESIDENT LITTLE: I 25 apologize. I didn't see you, Senator Volker.

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(518) 371-8910 1 SENATOR VOLKER: No, that's okay. 2 Madam President, let me just say 3 that a couple of years ago when we did the 4 Buffalo control board, it was the last thing 5 from any of our minds in Western New York that 6 we would have to do a control board for Erie 7 County. We have the lowest taxes of any major 8 county -- considering county taxes, school 9 taxes, and local taxes -- in the state. 10 There's really absolutely no reason for us to 11 be in this situation that we're in right now. 12 Buffalo was a whole different 13 situation. Buffalo was going down 14 dramatically for years, with its assessed 15 valuation declining, loss of $50 million to 16 $70 million in taxes over a short period of 17 time. In particular, because the business 18 community got tax breaks, assessment was 19 declining and so forth. And we knew that 20 ultimately it would have to be done. 21 And 9/11 is really what caused the 22 city to become -- into a control board, 23 because the State of New York had been 24 averaging about $50 million a year to the city 25 and stopped doing that after 9/11.

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(518) 371-8910 1 Nassau County, one of the -- well, 2 maybe the wealthiest county in the state, had 3 a problem. And really, that problem related 4 to a series of things. And I think Senator 5 Skelos would certainly would agree with me 6 when he said there was mismanagement there, 7 there were a lot of problems that caused it. 8 Truly, although there's been a lot 9 of talk about local counties -- and certainly 10 Medicaid has to be dealt with, and we've been 11 trying to deal with it -- but the local 12 counties have the ability to deal with their 13 problems. Maybe they have to cut corners and 14 raise taxes. But let's remember that what 15 happened is we actually cut Medicaid back in 16 1997, and there was a drop in Medicaid for 17 some years, and most counties then raised 18 their budgets. Erie County was one of those. 19 Erie County has continued to spend 20 at a high level and yet has raised no money. 21 And when I say raised no money, I mean really 22 didn't do any particular cutting and received 23 all sorts of benefits from this Legislature -- 24 the hospital was taken off the backs of the 25 county taxpayers, a whole series of things.

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(518) 371-8910 1 Tobacco money and so forth. 2 The bottom line is the last thing 3 that any of us wanted was a control board 4 here. And we've labored throughout this year, 5 our delegation. We've been united in 6 attempting to make sure that our county 7 righted itself and was able to make it. The 8 last straw, frankly, was when the people from 9 Wall Street informed us that they did not see 10 any way that the county could borrow. And 11 that, coupled with the fact that the 12 Comptroller, Alan Hevesi, announced a minimum 13 $118 million deficit for this year and a 14 $200-some-million deficit for next year, 15 obviously something had to be done. 16 And there are many people that for 17 a long time were calling for something to be 18 done. We held off as long as we could. The 19 time is now. 20 What this control board does is 21 basically say -- first of all, there's going 22 to be a chapter amendment, so everybody knows 23 also it's a technical chapter amendment that 24 deals with borrowing. It sets up the revenues 25 for potential borrowing through the control

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(518) 371-8910 1 board. Because we do not believe that the 2 present county situation would even allow them 3 to get through this year. They would, in 4 effect, go into -- well, if you could call it 5 bankruptcy or whatever you want to call it. 6 They must deficit borrow. They have a RAN 7 coming up in July, I believe it is, of 8 $80 million, I believe. From what we 9 understand, if we didn't go the enabling 10 legislation here to back up that, they 11 couldn't renew it. 12 So the bottom line is there's a 13 control board, seven people, four appointed by 14 the Governor, one by the Senate, one by the 15 Assembly, one by the Comptroller. 16 What we want to do here is give the 17 county legislature and the county executive 18 the opportunity to fix this problem, come up 19 with a plan. If it doesn't work, then the 20 full powers of the control board will come 21 into effect on October 1st. The first thing 22 to do is to right Erie County, which this 23 legislation we expect will allow the county to 24 go to the market and be able to right itself. 25 By the way, in case you're

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(518) 371-8910 1 wondering, Erie County's unemployment rate has 2 been -- outside the city, has been some of the 3 lowest in the state. In fact, I was told that 4 it was about 3 percent, which means it was 5 virtually full employment. Except that since 6 the county crisis, about 2200 people have been 7 laid off, and therefore obviously a huge 8 problem there. And it has offset a rise in 9 private industry employment. So although the 10 economy of Western New York is doing a lot 11 better than people think, obviously the county 12 is in terminus. And this is why we need this 13 control board. 14 The delegation is totally committed 15 to dealing with this issue. I have to say 16 something -- and I've lived in Western 17 New York all my life -- thank goodness for the 18 people of Western New York that our delegation 19 stays together, refuses to play the 20 unfortunate politics that has been occurring 21 in Erie County. Because if not, the situation 22 would be a lot worse. 23 And I want to thank all my 24 colleagues, Democrats and Republicans, for the 25 cooperation they've given in dealing with this

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(518) 371-8910 1 issue. 2 ACTING PRESIDENT LITTLE: Thank 3 you, Senator Volker. 4 Senator Rath. 5 SENATOR RATH: Thank you, Madam 6 President. 7 I rise to congratulate Senator 8 Volker and Assemblyman Tokasz, the two leaders 9 of the western delegation, for shepherding 10 this measure through this house and through 11 the Assembly. 12 I'm going take a little bit of a 13 different approach as we finish this up, and I 14 will be brief. Because it is time to put this 15 crisis behind us in Erie County and get on 16 with it. 17 The people in Erie County, like 18 every place in this state, need to have 19 confidence in their government and need to 20 trust their government. That hasn't been true 21 in Erie County this past year. The workings 22 of the control board, I am convinced, will be 23 enough to right the ship of county, if you 24 will. The triggers that are in place, if they 25 do not meet the appropriate benchmarks, will

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(518) 371-8910 1 bring a full-blown control board into place 2 quickly enough to take care of any problems 3 that might arise. 4 But as a county legislator, as I 5 was for many years, and with the opportunity 6 and privilege of serving as the minority 7 leader in that body for quite some time, I 8 remember how we hated it when the state told 9 us what to do. It was called a mandate, and 10 we hated it. Because we felt the government 11 lowest to the people was the government that 12 was best for the people. I still believe 13 that. And I have a little trouble looking at 14 this and knowing how they feel, because they 15 feel we're coming in and we're going to tell 16 them what to do. 17 That's not what's happening here. 18 We have a group of people who will be 19 appointed, who will be of the best intentions, 20 to do the best to help Erie County through 21 this crisis. 22 But let's look at what has 23 happened. I always say to people that, 24 although we don't talk politics on the floor 25 of the state legislature any more than we did

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(518) 371-8910 1 the county legislature, on Election Day it's a 2 marriage of politics and government. And when 3 people are in that voting booth, they pull a 4 lever for you or for me. And we came up the 5 political route, and then we are their 6 government official, if we are lucky enough, 7 fortunate enough to be representing them. 8 And so we have, this fall, seven 9 county legislators not running for reelection. 10 There will be a whole new legislature, 11 virtually, there. Who knows if the incumbents 12 will get reelected. 13 They need a chance and an 14 opportunity to right the ship of county. And 15 with the charter and with this control board 16 looking over their shoulder, they have a 17 chance to do that. And I am going to wish 18 them well before they're even elected. 19 There will be a charter revision 20 committee in Erie County, and I assume that 21 they will be looking at all the kinds of 22 things of governments, as to whether we have a 23 county executive in the future or whether we 24 go to a county manager form of government. 25 Lots of changes going to be happening in Erie

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(518) 371-8910 1 County. 2 So I assume you'll all be 3 supporting us on this. I hope you will. But 4 moreover, I ask the people of the County of 5 Erie to support this control board, because it 6 has the best intentions in mind. The state 7 legislators will be there to back it up, not 8 look over their shoulder every minute. But if 9 they get into trouble, we'll be there to help, 10 as will the control board. 11 I urge its support. Thank you. 12 ACTING PRESIDENT LITTLE: Thank 13 you, Senator Rath. 14 Senator Stachowski. 15 SENATOR STACHOWSKI: Madam 16 President, I also rise to support this 17 legislation. 18 There's been some criticism in the 19 local media about the fact that it's a soft 20 control board to start with and that we had 21 put a hard control board in Buffalo. But the 22 fact is that there's five triggers that as 23 soon as one of those aren't met, it's 24 immediately a hard control board. 25 And one of the important things to

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(518) 371-8910 1 keep in mind is, for example, when they now 2 did their quarter percent that's going to be 3 able to pay for their deficit borrowing, which 4 is a term most of us hate to even hear on this 5 floor, the fact is even in that little 6 process, they had 10 votes, and now one of 7 them -- I don't know what they did today, so I 8 really can't tell you -- but one of them 9 threatened not to do it. So I guess he 10 reneged on his threat not to vote for it and 11 he voted for it. 12 But that's the kind of things that 13 were happening in Erie County. And that's 14 what made you think, well, they were always 15 able, as Senator Volker said, to help 16 themselves, but they didn't choose to do it. 17 They didn't have the political will to make 18 the hard decisions. And unfortunately, part 19 of government is making hard decisions. 20 Senator Rath talked about that she 21 was the minority leader. While she was there, 22 they had a very difficult financial problem, 23 but they persevered and took care of it 24 themselves. They didn't need someone to come 25 from the outside and force them to do the

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(518) 371-8910 1 right thing. 2 When I was a county legislator in 3 1976 -- and I only bring that up because I 4 read some quotes by Ned Regan, who was the 5 former comptroller of the state, talking about 6 how he had warned about Medicaid, and it's 7 Medicaid. But what he didn't talk about was 8 that in 1976, he proposed a 77 percent 9 property tax increase. The fact is the 10 legislature dealt with it, and we finished the 11 budget on time, and government went on. And 12 all the things that we cut, fortunately we 13 were on our feet the next year, and we put 14 most of those things back in. 15 But the realization is that when 16 you get elected to a position, it's not always 17 we vote for the budget, we vote for all the 18 popular things and we never have to do a hard 19 decision. And unfortunately, that seemed to 20 be what was going on there. And now when they 21 were faced with difficult decisions, nobody 22 seemed able to make them. 23 The reality is the county was given 24 some things to help them cope with increased 25 costs and Medicaid that they never recognized.

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(518) 371-8910 1 For example, even when we did the hospital 2 bill -- and nowhere when we were doing this 3 public benefit corporation was there anywhere 4 talked about that they were going to then make 5 this private/public benefit corporation buy 6 the hospital from the county and then the 7 county executive was going to take most of the 8 money and use it to balance his budget. Which 9 he did. None of us -- I mean, that might not 10 have been a public benefit corporation 11 hospital had we known that was going to happen 12 in the first place. 13 When they got Family Health Plus, 14 which they always beat to a pulp, saying, We 15 got this increased cost that nobody gave us 16 the money for -- the funny thing is, before 17 that time, counties never got revenue sharing. 18 All of a sudden in the state budget appeared 19 revenue sharing for counties, which was a way 20 to send them money to help offset the cost of 21 Family Health Plus. 22 So there were some things going on 23 that maybe weren't recognized by people in the 24 media or people criticizing the state for not 25 helping Erie County. But the fact is we were.

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(518) 371-8910 1 We're going to continue to do it with this 2 control board, because it will help them right 3 themselves, we hope. 4 And the other thing about the 5 control board is we are giving them every 6 opportunity to fix the problem themselves. 7 And that's why it's a soft control board 8 rather than immediate hard. Hopefully it will 9 stay that way. But if they should show not to 10 have the political will to do all the things 11 necessary, then one of those triggers will get 12 pulled and it will be a hard control board. 13 We hope it doesn't happen. 14 But we hope that this control board 15 will help Erie County come out of the 16 situation they are now, help people to get 17 more sure of their county government, help the 18 employees in Erie County become more sure of 19 what's going on with their lives, and help 20 make life better for the people in Western 21 New York and Erie County in particular. 22 I'm supporting this issue. 23 ACTING PRESIDENT LITTLE: Thank 24 you, Senator Stachowski. 25 Is there any other Senator wishing

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(518) 371-8910 1 to be heard on the bill? 2 The debate is closed, and the 3 Secretary will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 12. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT LITTLE: Senator 11 Volker, to explain his vote. 12 SENATOR VOLKER: Yeah, just for a 13 second. 14 I didn't mention, and I do want to 15 do that, I want to thank the Governor, the 16 Assembly. This was a very cooperative 17 adventure, shall I call it, and complicated. 18 I especially want to thank our 19 staff -- Mary Clark, behind us here, and my 20 own staff that worked hard on this, and Paul 21 Tokasz and the Assembly staff also. Everyone 22 worked very hard to get this done. And I want 23 to thank everybody for their cooperation. 24 I vote aye. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Volker will be recorded in 3 the affirmative. 4 The Secretary will announce the 5 results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 Senator Skelos. 10 SENATOR SKELOS: Madam President, 11 if we could move to the order of motions and 12 resolutions and adopt the Resolution Calendar, 13 with the exception of Resolution 2715. 14 ACTING PRESIDENT LITTLE: All in 15 favor of adopting the Resolution Calendar say 16 aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT LITTLE: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT LITTLE: The 22 Resolution Calendar is adopted. 23 Senator Skelos. 24 SENATOR SKELOS: Madam President, 25 if we could take up Resolution 2715, by

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(518) 371-8910 1 Senator Hassell-Thompson, have the title read, 2 move for its immediate adoption, and open it 3 up for sponsorship. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 If we could have quiet in the 7 chamber, please, while the Secretary will read 8 the resolution. 9 Thank you. 10 THE SECRETARY: By Senator 11 Hassell-Thompson, Legislative Resolution 12 Number 2715, mourning the death of Andre 13 Pancham, Jr. 14 ACTING PRESIDENT LITTLE: Senator 15 Hassell-Thompson. 16 SENATOR HASSELL-THOMPSON: Thank 17 you, Madam President. 18 I just want to thank all of my 19 colleagues for their support for this 20 resolution for Andre Pancham, who was a 21 student, a young man in my district who died 22 very suddenly. 23 It is so interesting that sometimes 24 we -- at the death of someone, we want to 25 paint the picture so rosy and so perfect. But

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(518) 371-8910 1 I want to tell you that we don't need to paint 2 a rosy picture of this young man. He was an 3 awesome student, appeared to have such a 4 future in front of him, and suddenly he was 5 not with us any longer. 6 He is an only child, and his 7 parents are so devastated. And they are 8 having a great deal of difficulty just being 9 able to understand what has happened to Andre. 10 And his principal and many of the teachers 11 have had a lot of difficulty with students at 12 school trying to understand why Andre has 13 died. 14 I am hoping that this resolution, 15 along with the cards and prayers that have 16 been extended to this family, will in some way 17 offer them the comfort of knowing that they 18 are not alone. And I thank my colleagues for 19 supporting this and hope that all of my 20 colleagues are willing to sign on to this 21 resolution to this family. 22 Thank you. 23 ACTING PRESIDENT LITTLE: Thank 24 you, Senator. 25 On the resolution, all in favor say

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(518) 371-8910 1 aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT LITTLE: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT LITTLE: The 7 resolution is adopted. 8 Senator Skelos. 9 SENATOR SKELOS: Madam President, 10 I believe there's some housekeeping at the 11 desk. 12 ACTING PRESIDENT LITTLE: Yes, we 13 do. 14 Senator Trunzo. 15 SENATOR TRUNZO: Madam President, 16 I wish to call up Senate Bill Print Number 17 431A, recalled from the Assembly, which is now 18 at the desk. 19 ACTING PRESIDENT LITTLE: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1404, by Senator Trunzo, Senate Print 431A, an 23 act to amend the Executive Law. 24 ACTING PRESIDENT LITTLE: Senator 25 Trunzo.

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(518) 371-8910 1 SENATOR TRUNZO: I now move to 2 reconsider the vote by which the bill was 3 passed and ask that it be restored to the 4 order of third reading. 5 ACTING PRESIDENT LITTLE: The 6 Secretary will call the roll on 7 reconsideration of the vote. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 SENATOR TRUNZO: I now move to 11 discharge, from the Committee on Rules, 12 Assembly Print Number 1233A and substitute it 13 for my identical bill. 14 The Senate bill on first passage 15 was voted unanimously. I now move that the 16 substituted Assembly bill have its third 17 reading at this time. 18 ACTING PRESIDENT LITTLE: 19 Substitution ordered. 20 And the Secretary will read the 21 Assembly bill. 22 THE SECRETARY: Calendar Number 23 1404, by Member of the Assembly Tokasz, 24 Assembly Print Number 1233A, an act to amend 25 the Executive Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 Senator Skelos. 12 SENATOR SKELOS: Madam President, 13 there will be an immediate meeting of the 14 Finance Committee in the Majority Conference 15 Room. 16 If you would recognize Senator 17 Montgomery. 18 ACTING PRESIDENT LITTLE: Senator 19 Montgomery. 20 SENATOR MONTGOMERY: Yes, Madam 21 President. Immediately following the Finance 22 Committee, there will be a conference of the 23 Senate Minority. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 I expect that we will be back at ten to 6:00 3 to take up several bills. 4 ACTING PRESIDENT LITTLE: Thank 5 you, Senator. 6 The Senate stands in recess until 7 ten minutes of 6:00. 8 (Whereupon, the Senate stood at 9 ease at 5:30 p.m.) 10 (Whereupon, the Senate reconvened 11 at 6:34 p.m.) 12 THE PRESIDENT: Senator Skelos. 13 SENATOR SKELOS: Madam President, 14 if we could return to motions and resolutions, 15 I believe there's a motion to be made at this 16 time. 17 THE PRESIDENT: Motions and 18 resolutions. 19 Senator Little. 20 SENATOR LITTLE: Thank you. 21 Madam President, I wish to call up 22 Calendar 749, Assembly Print Number 7395. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 749, by Member of the Assembly Abbate, 2 Assembly Print Number 7395, an act to amend 3 the General Municipal Law. 4 SENATOR LITTLE: I now move to 5 reconsider the vote by which this Assembly 6 bill was substituted for my bill, Senate Print 7 Number 4458, on June 23rd, on behalf of 8 Senator Golden. 9 THE PRESIDENT: The Secretary 10 will call the roll upon reconsideration. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 SENATOR LITTLE: I now move that 14 Assembly Bill Number 7395 be recommitted to 15 the Committee on Rules, and my Senate bill be 16 restored to the order of the Third Reading 17 Calendar. 18 THE PRESIDENT: So ordered. 19 SENATOR LITTLE: Madam President, 20 I now offer the following amendments. 21 THE PRESIDENT: The amendments 22 are received. 23 SENATOR LITTLE: Thank you. 24 THE PRESIDENT: Senator Skelos. 25 SENATOR SKELOS: Madam President,

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(518) 371-8910 1 if we could return to reports of standing 2 committees, I believe there's a report of the 3 Finance Committee at the desk. I ask that it 4 be read. 5 THE PRESIDENT: Reports of 6 standing committees. 7 The Secretary will read the Finance 8 Committee report. 9 THE SECRETARY: Senator Johnson, 10 from the Committee on Finance, reports the 11 following nomination. 12 Susan G. Metzger, Ph.D., of 13 Warwick. 14 THE PRESIDENT: Senator Johnson. 15 First of all, I'm going to ask the 16 members to take their conversations out of the 17 chambers. 18 Senator Johnson. 19 SENATOR JOHNSON: Move the 20 nomination. 21 THE PRESIDENT: Senator Morahan. 22 SENATOR MORAHAN: Thank you, 23 Madam President. 24 I just want to take a moment to 25 second the nomination of Susan Metzger, from

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(518) 371-8910 1 Warwick, New York, as a member of the MTA. 2 Susan is a very active person in 3 our community, involved in transportation 4 issues, concerned about commuter issues, and 5 will be an excellent addition to the MTA 6 board. And I'm delighted to second her 7 nomination. 8 THE PRESIDENT: The question now 9 is on the nomination of Susan G. Metzger, 10 Ph.D., of Warwick, as a member of the 11 Metropolitan Transportation Authority, for a 12 term to expire June 30, 2010. 13 All in favor please signify by 14 saying aye. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The nominee is 19 confirmed. 20 The Secretary will continue to 21 read. 22 THE SECRETARY: Senator Johnson, 23 from the Committee on Finance, reports the 24 following bills: 25 Senate Print 5870, by the Senate

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(518) 371-8910 1 Committee on Rules, an act to amend the 2 Education Law; 3 5902, by the Senate Committee on 4 Rules, an act to amend a chapter of the Laws 5 of 2005; 6 And Senate Print 5903, from the 7 Senate Committee on Rules, an act to amend 8 Chapter 53 of the Laws of 2005. 9 All bills ordered direct to third 10 reading. 11 THE PRESIDENT: Without 12 objection, all bills reported direct to third 13 reading. 14 Senator Skelos. 15 SENATOR SKELOS: Madam President, 16 if we could take up Calendar Number 1910. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Calendar Number 20 1910, Senate Print 5870, from the Senate 21 Committee on Rules, an act to amend the 22 Education Law. 23 SENATOR SCHNEIDERMAN: 24 Explanation. Or lay it aside. 25 THE PRESIDENT: Senator Skelos,

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(518) 371-8910 1 what do you like? Whatever you like. 2 SENATOR SKELOS: Well, the bill 3 is laid aside, so we will now to go the 4 controversial calendar and take the bill up. 5 THE PRESIDENT: The bill is laid 6 aside. 7 The Secretary will first ring the 8 bell, and members should return to their 9 seats. 10 Senator Johnson. 11 SENATOR JOHNSON: This bill is a 12 budget and technical amendment bill to the 13 fiscal year 2005-2006 enacted budget. There's 14 no money appropriated here. Some money is 15 moved from one account to another. Mostly 16 it's cleanup of language. Some words were 17 left out in the bills, some words were added 18 in the bills, but there is nothing really 19 changed except that the budget is in a more 20 proper form than it was when we passed it. 21 THE PRESIDENT: Senator 22 Schneiderman. 23 SENATOR SCHNEIDERMAN: Thank you 24 very much for that extraordinary explanation. 25 SENATOR SABINI: Madam President.

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(518) 371-8910 1 THE PRESIDENT: Senator Sabini. 2 SENATOR SABINI: Would the 3 sponsor yield for a question. 4 THE PRESIDENT: Senator Johnson, 5 do you yield? 6 SENATOR JOHNSON: Yes. 7 THE PRESIDENT: You may proceed, 8 Senator. 9 SENATOR SABINI: I'm just 10 wondering if the sponsor would explain in 11 section -- I guess it's 31(a) of the bill, 12 there's some verbiage regarding the New York 13 Racing Association and Aqueduct Racetrack. 14 And as we all know, the moving along of the 15 project at Aqueduct is an important item both 16 for the state budget, the Governor's budget 17 protections, and for the economy of Queens 18 County. There are a lot of jobs involved, a 19 lot of construction jobs, a lot of operational 20 jobs. 21 And I'm just wondering, since we're 22 just seeing this now, what the effect of the 23 Aqueduct project and -- that this bill would 24 have on the Aqueduct project and what does 25 this do to the New York Racing Association.

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(518) 371-8910 1 SENATOR JOHNSON: Are you 2 awaiting my response, Senator? 3 SENATOR SABINI: Yes. 4 SENATOR JOHNSON: Okay. This 5 requires all contracts entered into by the 6 New York Racing Association prior to the 7 effective date of the legislation and related 8 to the operation, management or distribution 9 of revenues, the design of a video lottery 10 gaming facility at Aqueduct will be subject to 11 the approval of the Division of Lottery. 12 SENATOR SABINI: Madam President, 13 if the sponsor would continue to yield. 14 THE PRESIDENT: Senator Johnson, 15 do you yield? 16 SENATOR JOHNSON: Yes, Madam 17 President. 18 THE PRESIDENT: You may proceed, 19 Senator. 20 SENATOR SABINI: Would it be the 21 sponsor's assertion, then, that this bill is 22 necessary to keep the Aqueduct project alive 23 and in fact expedite its opening? 24 SENATOR JOHNSON: That is 25 correct, Senator.

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(518) 371-8910 1 SENATOR SABINI: Would the 2 sponsor continue to yield. 3 THE PRESIDENT: Senator Johnson, 4 do you yield? 5 SENATOR JOHNSON: Yes, Madam 6 President. 7 THE PRESIDENT: You may proceed. 8 SENATOR SABINI: Thank you, Madam 9 President. 10 I'm also wondering, through you, if 11 the sponsor, who ably chairs our Finance 12 Committee, could tell me if he thinks there's 13 going to be more NYRA legislation that we're 14 anticipating before we close up. 15 SENATOR JOHNSON: I'm not certain 16 if I heard your question, Senator. 17 SENATOR SABINI: Do we expect 18 more NYRA governance legislation besides this 19 before we close business today? 20 SENATOR JOHNSON: My counsel said 21 the day is still young, Senator. 22 But so far we have no plans to do 23 that. 24 SENATOR SABINI: Thank you, Madam 25 President.

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(518) 371-8910 1 THE PRESIDENT: Does any other 2 member wish to be heard on this bill? 3 Then the debate is closed. 4 The Secretary will ring the bell. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: The Secretary 11 will announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1910 are 14 Senators Duane, L. Krueger, and Schneiderman. 15 Ayes, 57. Nays, 3. 16 THE PRESIDENT: The bill is 17 passed. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 if we could return to motions and resolutions, 21 I believe there's a resolution at the desk by 22 Senator Brown. I ask that the title be read 23 and move for its immediate adoption. 24 THE PRESIDENT: Motions and 25 resolutions.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: By Senator Brown, 3 Legislative Resolution Number 2762, 4 commemorating the 25th Anniversary of the 5 New Beginnings Choral Ensemble. 6 THE PRESIDENT: All in favor of 7 the resolution please signify by saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (No response.) 11 THE PRESIDENT: The resolution is 12 adopted. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 I believe there's a supplemental active list 16 on its way, so if we could just stand at ease. 17 THE PRESIDENT: The Senate stands 18 at ease. 19 (Whereupon, the Senate stood at 20 ease at 6:46 p.m.) 21 (Whereupon, the Senate reconvened 22 at 7:10 p.m.) 23 SENATOR SKELOS: Madam President. 24 THE PRESIDENT: Senator Skelos. 25 SENATOR SKELOS: Madam President,

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(518) 371-8910 1 if we could have the noncontroversial reading 2 of the supplemental active list. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: Calendar Number 6 497, by Member of the Assembly Brodsky, 7 Assembly Print Number 3469, an act to amend 8 the Legislative Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 743, by Member of the Assembly Nesbitt, 20 Assembly Print Number 5969, an act to amend 21 the Military Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 876, by Senator Hannon, Senate Print 4331A, an 8 act to amend the Public Health Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 17. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 880, by the Assembly Committee on Rules, 20 Assembly Print Number 8800, an act to amend 21 the Public Health Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 893, by Senator Balboni, Senate Print 4123, an 8 act to amend the Penal Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 16. This 12 act shall take effect on the first day of 13 November. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1226, substituted earlier today by Member of 21 the Assembly Abbate, Assembly Print Number 22 7827A, an act to amend the Retirement and 23 Social Security Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1279, by Member of the Assembly Abbate, 10 Assembly Print Number 7020, an act to amend 11 the General Municipal Law. 12 THE PRESIDENT: There is a 13 home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1811, substituted earlier today by Member of 24 the Assembly Grannis, Assembly Print Number 25 7559B, an act to amend the Insurance Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 THE PRESIDENT: The bill is 9 passed. 10 Senator Skelos, that completes the 11 noncontroversial reading of the supplemental 12 calendar. 13 SENATOR SKELOS: Madam President. 14 THE PRESIDENT: Senator Skelos. 15 SENATOR SKELOS: There will be a 16 meeting of the Rules Committee at 7:00 p.m. in 17 the Majority Conference Room. 18 And if we could stand at ease at 19 this time. 20 THE PRESIDENT: There will be a 21 meeting of the Rules Committee at 7:25 in the 22 Majority Conference Room. 23 The Senate stands at ease. 24 (Whereupon, the Senate stood at 25 ease at 7:15 p.m.)

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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 7:34 p.m.) 3 SENATOR SKELOS: Mr. President. 4 ACTING PRESIDENT NOZZOLIO: 5 Senator Skelos. 6 SENATOR SKELOS: If we could 7 return to reports of standing committees, 8 there's a report of the Rules Committee at the 9 desk. I ask that it be read. 10 ACTING PRESIDENT NOZZOLIO: The 11 Secretary will read. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bills: 15 Senate Print 1071A, by Senator 16 Alesi, an act to amend the Education Law; 17 3059, by Senator Alesi, an act to 18 amend the Executive Law; 19 3369A, by Senator Spano, an act to 20 amend the Education Law; 21 3570, by Senator Trunzo, an act to 22 amend the Real Property Tax Law; 23 3765, by Senator Morahan, an act 24 requiring; 25 4424A, by Senator Volker, an act to

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(518) 371-8910 1 amend the Penal Law; 2 4954B, by Senator M. Smith, an act 3 to amend the Vehicle and Traffic Law; 4 5008A, by Senator Fuschillo, an act 5 authorizing the assessor; 6 5264A, by Senator Bonacic, an act 7 to amend the Environmental Conservation Law; 8 5423A, by Senator Golden, an act to 9 amend the Education Law; 10 5458, by Senator Stachowski, an act 11 to amend the General Municipal Law; 12 5567A, by Senator Young, an act to 13 amend the Tax Law; 14 5618, by Senator Farley, an act to 15 amend the Tax Law; 16 5654B, by Senator Spano, an act to 17 amend the Tax Law; 18 5720A, by Senator Farley, an act to 19 authorize the extension; 20 5816, by Senator Balboni, an act to 21 amend the Education Law; 22 5849, by Senator Maziarz, an act 23 authorizing the office; 24 5861, by Senator LaValle, an act to 25 amend the Environmental Conservation Law;

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(518) 371-8910 1 5893, by the Senate Committee on 2 Rules, an act to amend Chapter 103 of the Laws 3 of 2004; 4 5904, by Senator Golden, an act to 5 amend the Tax Law; 6 5915, by Senator Padavan, an act to 7 amend the Tax Law; 8 And Assembly Print 8963, by the 9 Assembly Committee on Rules, an act to amend 10 Chapter 444 of the Laws of 1997. 11 All bills ordered direct to third 12 reading. 13 THE PRESIDENT: Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 move to accept the report of the Rules 16 Committee. 17 THE PRESIDENT: All in favor of 18 accepting the report of the Rules Committee 19 please signify by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The report is 24 accepted. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 on behalf of Senator Bruno, there will be an 3 immediate conference of the Majority in the 4 Majority Conference Room. 5 THE PRESIDENT: There will be an 6 immediate conference of the Majority in the 7 Majority Conference Room. 8 SENATOR SKELOS: Stand at ease, 9 please. 10 THE PRESIDENT: The Senate stands 11 at ease. 12 (Whereupon, the Senate stood at 13 ease at 7:37 p.m.) 14 (Whereupon, the Senate reconvened 15 at 8:24 p.m.) 16 ACTING PRESIDENT MEIER: Senator 17 Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could please take up Calendar Number 20 1407. 21 THE SECRETARY: Calendar Number 22 1407, by Member of the Assembly R. Diaz, 23 Assembly Print Number 4433A, an act to amend 24 the Agriculture and Markets Law. 25 ACTING PRESIDENT MEIER: Read the

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(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 SKELOS: Mr. President, 11 on Supplemental Calendar B, would you please 12 call up Calendar Number 1908. 13 ACTING PRESIDENT MEIER: The 14 Secretary will read Calendar Number 1908. 15 THE SECRETARY: Calendar Number 16 1908, by Senator Rath, Senate Print Number 17 5908, an act to amend the Public Health Law. 18 SENATOR SKELOS: Mr. President, 19 is there a message of necessity at the desk? 20 ACTING PRESIDENT MEIER: There 21 is. 22 SENATOR SKELOS: Move to accept. 23 ACTING PRESIDENT MEIER: All in 24 favor of accepting the message of necessity 25 signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT MEIER: Those 3 opposed, nay. 4 (No response.) 5 ACTING PRESIDENT MEIER: The 6 message is accepted. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the same date and in 10 the same manner as Section 1 of a chapter of 11 the Laws of 2005. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could go now to Supplemental Calendar C, 21 noncontroversial. 22 ACTING PRESIDENT MEIER: The 23 Secretary will conduct the noncontroversial 24 reading of Supplemental Calendar C. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1913, Senator Alesi moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 236A and substitute it 4 for the identical Senate Bill Number 1071A, 5 Third Reading Calendar 1913. 6 ACTING PRESIDENT MEIER: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1913, by Member of the Assembly Weisenberg, 11 Assembly Bill Number 236A, an act to amend the 12 Education Law. 13 ACTING PRESIDENT MEIER: There is 14 a local fiscal impact note at the desk. 15 Read the 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, 58. Nays, 22 2. Senators Meier and Wright recorded in the 23 negative. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 1914, Senator Alesi moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 2947 and substitute it 5 for the identical Senate Bill Number 3059, 6 Third Reading Calendar 1914. 7 ACTING PRESIDENT MEIER: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1914, by Member of the Assembly Morelle, 12 Assembly Bill Number 2947, an act to amend the 13 Executive 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. Nays, 22 1. Senator Meier recorded in the negative. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1915, Senator Spano moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 2767C and substitute it 4 for the identical Senate Bill Number 3369A, 5 Third Reading Calendar 1915. 6 ACTING PRESIDENT MEIER: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1915, by Member of the Assembly Brodsky, 11 Assembly Bill Number 2767C, an act to amend 12 the Education 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, 60. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1916, Senator Trunzo moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 4973 and substitute it 2 for the identical Senate Bill Number 3570, 3 Third Reading Calendar 1916. 4 ACTING PRESIDENT MEIER: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1916, by Member of the Assembly Sweeney, 9 Assembly Bill Number 4973, an act to amend the 10 Real Property Tax Law. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 2. 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, 60. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1917, Senator Morahan moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 5616 and substitute it 25 for the identical Senate Bill Number 3765,

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(518) 371-8910 1 Third Reading Calendar 1917. 2 ACTING PRESIDENT MEIER: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1917, by Member of the Assembly Weisenberg, 7 Assembly Bill Number 5616, an act requiring 8 the use of politically correct terminology. 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, 60. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1918, by Senator Volker -- 21 SENATOR SCHNEIDERMAN: Lay it 22 aside. 23 ACTING PRESIDENT MEIER: Lay the 24 bill aside. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1920, Senator Fuschillo moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 8269A and substitute it 4 for the identical Senate Bill Number 5008A, 5 Third Reading Calendar 1920. 6 ACTING PRESIDENT MEIER: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1920, by Member of the Assembly McDonough, 11 Assembly Bill Number 8269A, an act authorizing 12 the assessor of the County of Nassau. 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, 60. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1921, by Senator Bonacic, Senate Bill Number 25 5264A, an act to amend the Environmental

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(518) 371-8910 1 Conservation 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, 60. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1922, Senator Golden moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 8398A and substitute it 16 for the identical Senate Bill Number 5423A -- 17 SENATOR SCHNEIDERMAN: Lay it 18 aside. 19 THE SECRETARY: -- Third Reading 20 Calendar 1922. 21 ACTING PRESIDENT MEIER: 22 Substitution ordered. 23 Now lay the bill aside. 24 THE SECRETARY: In relation to 25 Calendar Number 1923, Senator Stachowski moves

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(518) 371-8910 1 to discharge, from the Committee on Rules, 2 Assembly Bill Number 8443 and substitute it 3 for the identical Senate Bill Number 5458, 4 Third Reading Calendar 1923. 5 ACTING PRESIDENT MEIER: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1923, by Member of the Assembly Tokasz, 10 Assembly Bill Number 8443, an act to amend the 11 General Municipal 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 1924, by Senator Young, Senate Print Number 24 5567A, an act to amend the Tax Law. 25 ACTING PRESIDENT MEIER: There is

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(518) 371-8910 1 a local fiscal impact note at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect January 1, 2006. 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 1925, by Senator Farley, Senate Bill Number 13 5618, an act to amend the Tax Law. 14 ACTING PRESIDENT MEIER: There is 15 a local fiscal impact note at the desk. 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect March 1, 2006. 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

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(518) 371-8910 1 1927, by Senator Farley, Senate Bill Number 2 5720A, an act to authorize an extension of 3 time to file. 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 1929, by Senator Maziarz, Senate Bill Number 16 5849, an act to authorize the Office of Parks, 17 Recreation and Historic Preservation. 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, 60.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1930, by Senator LaValle, Senate Bill Number 5 5861, an act to amend the Environmental 6 Conservation Law. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the same date and in 11 the same manner as a chapter of the Laws of 12 2005. 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 1934, by the Assembly Committee on Rules, 21 Assembly Bill Number 8963, an act to amend 22 Chapter 444 of the Laws of 1987. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(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 Senator Skelos, that completes the 9 noncontroversial reading of Supplemental 10 Calendar C. 11 SENATOR SKELOS: Thank you, Mr. 12 President. If we could go to the 13 controversial reading of Supplemental 14 Calendar C. 15 ACTING PRESIDENT MEIER: The 16 Secretary will conduct the controversial 17 reading of Supplemental Calendar C. 18 THE SECRETARY: Calendar Number 19 1918, by Senator Volker, Senate Bill Number 20 4424A, an act to amend the Penal Law. 21 SENATOR SCHNEIDERMAN: 22 Explanation. 23 ACTING PRESIDENT MEIER: Senator 24 Volker, Senator Schneiderman has requested an 25 explanation of Calendar 1918.

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(518) 371-8910 1 SENATOR VOLKER: Mr. President, 2 this is a bill that we've been working on for 3 a long time to try to bring some sense to 4 fireworks laws in this state. 5 Unfortunately, we've had a great 6 difficulty because the City of New York 7 apparently does not want a fireworks law. The 8 bill before you does not include the City of 9 New York. But even though we were told that 10 the City of New York would not oppose it, they 11 put out a strong memo against it today. 12 Now, let me tell you what I believe 13 the reason the City of New York opposes this 14 bill. Because they like the fact that there's 15 basically no laws in this state outlawing 16 fireworks except laws that are about a hundred 17 year old. It's no secret that the New York 18 City police have been confiscating fireworks, 19 illegally in many cases. And they like to be 20 able to just pick up gobs of fireworks and so 21 forth. And I hate to say this, because I'm a 22 law enforcement guy. 23 What this bill tries to do is 24 develop a rational system of fireworks 25 regulation. It doesn't deal with New York

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(518) 371-8910 1 City, because New York City refuses to be part 2 of it. They still object to it because they 3 said, well, you could go across into some 4 other county and maybe get it. Well, they do 5 that now, because people sell fireworks all 6 over the place. The truth is, we've looked at 7 the numbers. Almost nobody gets arrested for 8 fireworks in this state. Handfuls of people. 9 Of course, in New York City they 10 just pick up scoops of them, throw them in the 11 dumps and things of that nature. We realize 12 that. We don't do that in most of this state. 13 We try to abide by some sort of regulation. 14 I'll be honest with you, the 15 problem with this bill is that it does set 16 up -- if you look at the history of fireworks 17 in this state, there really isn't any 18 regulation, the laws are so old. We try to 19 set up some regulation that rationally allows 20 law enforcement people to make arrests and to 21 keep people from being hurt in this state. 22 And that's really what this bill is all about. 23 ACTING PRESIDENT MEIER: Any 24 other Senator wish to be heard on the bill? 25 Debate is closed, then.

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(518) 371-8910 1 The Secretary will ring the bell. 2 Read the last section. 3 THE SECRETARY: Section 7. This 4 act shall take effect on the first day of 5 November. 6 ACTING PRESIDENT MEIER: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MEIER: Announce 10 the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1918 are 13 Senators Andrews, Duane, L. Krueger, LaValle, 14 Little, Morahan, Padavan, Parker, Paterson, 15 Sabini, Sampson, and Schneiderman. 16 Ayes, 48. Nays, 12. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 Let me remind members that on 20 controversial bills, when we conclude debate, 21 there will be a hard and fast two minutes, 22 after which the roll call will start. 23 The Secretary will continue to 24 read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1922, substituted earlier today by Member of 2 the Assembly Hikind, Assembly Bill Number 3 8398A, an act to amend the Education Law. 4 SENATOR OPPENHEIMER: 5 Explanation. 6 ACTING PRESIDENT MEIER: Senator 7 Golden, an explanation has been requested with 8 regard to Calendar 1922. 9 SENATOR GOLDEN: Thank you, 10 Acting President. 11 This bill -- there are 180 school 12 days a year that transportation is provided 13 for in the school system. This would allow 14 the nonpublic schools to choose the 10 days 15 that they believe -- up to 10 days that they 16 believe would suit their calendar. It would 17 give them more flexibility. 18 This is not more days than the 19 public schools; this is all within that 20 180 days. It's basically to cover the 21 religious holidays, so that they can have a 22 school break that they can have those days to 23 choose when they transport those students. 24 This does not fall on a Saturday, 25 Sunday, or a holiday. There is no overtime,

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(518) 371-8910 1 and there is no cost. 2 ACTING PRESIDENT MEIER: Senator 3 Oppenheimer. 4 SENATOR OPPENHEIMER: If Senator 5 Golden would yield for one question. 6 ACTING PRESIDENT MEIER: Senator 7 Golden, do you yield for a question? 8 SENATOR GOLDEN: Yes. 9 ACTING PRESIDENT MEIER: The 10 sponsor yields. 11 SENATOR OPPENHEIMER: Thank you, 12 Senator. 13 I think what you're saying is -- 14 and this is the piece that had concerned me, 15 was I thought these were going to be 16 10 additional days outside of the regular 17 schedule of the public schools. 18 SENATOR GOLDEN: No, I said that 19 explicitly. I said there's 10 days within the 20 180 days that will be -- the nonpublic as well 21 as the public schools get 180 days. 22 SENATOR OPPENHEIMER: Well, I 23 thank you very much, Senator. And I'll be 24 happy to vote for this. 25 SENATOR GOLDEN: Thank you,

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(518) 371-8910 1 Senator. 2 ACTING PRESIDENT MEIER: Senator 3 Stavisky. 4 SENATOR STAVISKY: If the Senator 5 would yield. 6 ACTING PRESIDENT MEIER: Senator 7 Golden, do you yield? 8 SENATOR GOLDEN: Yes, Senator. 9 ACTING PRESIDENT MEIER: The 10 sponsor yields. 11 SENATOR STAVISKY: I heard you 12 say that there would be no additional cost to 13 the city; is that correct? 14 SENATOR GOLDEN: That's correct. 15 SENATOR STAVISKY: Thank you. 16 ACTING PRESIDENT MEIER: Any 17 other Senator wish to be heard on the bill? 18 Debate is closed, then. 19 The Secretary will ring the bell. 20 Read the 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.)

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Parker, to explain his vote. 3 SENATOR PARKER: Thank you, Mr. 4 President, quickly to explain my vote. 5 I want to just thank Senator Golden 6 and Assemblyman Hikind for bringing this 7 important bill to the floor and making sure 8 that there is some flexibility for the myriad 9 of private and nonpublic schools throughout 10 the state. 11 I have a large number in my 12 district, and this is going to be a great help 13 in making sure that the young people of my 14 district are transported safely back and forth 15 to school. 16 I vote aye. 17 ACTING PRESIDENT MEIER: Senator 18 Parker will be recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 Senator Skelos, that completes 24 Supplemental Calendar C. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 there will be a meeting of the Rules Committee 2 at 9:00 p.m. in the Majority Conference Room. 3 ACTING PRESIDENT MEIER: Meeting 4 of the Rules Committee at 9:00 p.m. in the 5 Majority Conference Room. 6 SENATOR SKELOS: The Rules 7 Committee will be reported to the floor, but 8 we will not be taking up those bills this 9 evening. 10 Is there any housekeeping at the 11 desk? 12 ACTING PRESIDENT MEIER: No, 13 there is not, Senator. 14 SENATOR SKELOS: Just for 15 members' planning, we will, when we adjourn, 16 adjourn until 9:30 a.m. tomorrow morning. 17 Sharp. 18 ACTING PRESIDENT MEIER: The 19 Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 8:51 p.m.) 22 (Whereupon, the Senate reconvened 23 at 9:05 p.m.) 24 ACTING PRESIDENT MEIER: Senator 25 Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we can return to reports of standing 3 committees, there's a report of the Rules 4 Committee at the desk. If we could have it 5 read at this time. 6 ACTING PRESIDENT MEIER: Reports 7 of standing committees. 8 The Secretary will read the report 9 of the Rules Committee. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bills: 13 2847A, by Senator Little, an act to 14 amend the Real Property Tax Law; 15 5492, by Senator Oppenheimer, an 16 act to amend Chapter 390 of the Laws of 1979; 17 5671, by the Senate Committee on 18 Rules, an act authorizing; 19 5821, by Senator Morahan, an act to 20 amend the Executive Law; 21 5874, by the Senate Committee on 22 Rules, an act to amend the Tax Law; 23 5875, by the Senate Committee on 24 Rules, an act to amend the Tax Law; 25 5918, by Senator Winner, an act to

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(518) 371-8910 1 amend the State Finance Law; 2 5919, by Senator Volker, an act to 3 amend the Public Authorities Law; 4 And 5920, by Senator Nozzolio, an 5 act to amend the Penal Law. 6 All bills ordered direct to third 7 reading. 8 SENATOR SKELOS: Mr. President, I 9 move to accept the report. 10 ACTING PRESIDENT MEIER: All 11 those in favor of accepting the report of the 12 Rules Committee signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT MEIER: Thsoe 15 opposed, nay. 16 (No response.) 17 ACTING PRESIDENT MEIER: The 18 report is accepted. 19 SENATOR SKELOS: Is there any 20 other housekeeping at the desk? 21 ACTING PRESIDENT MEIER: There is 22 nothing left, Senator. 23 SENATOR SKELOS: Thank you, Mr. 24 President. 25 There being no further business to

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(518) 371-8910 1 come before the Senate, I move we stand 2 adjourned until Friday, June 24th, at 3 9:30 a.m. sharp. 4 ACTING PRESIDENT MEIER: On 5 motion, the Senate stands adjourned until 6 Friday, June 24th, at 9:30 a.m. sharp. 7 (Whereupon, at 9:07 p.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910