Tuesday, May 9, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 9, 2006 11 3:07 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 afternoon to give the invocation is Pastor 11 Drew Corbett, from Grace Baptist Church in 12 Dansville, New York. 13 PASTOR CORBETT: Would you bow 14 with me in prayer, please. 15 Father in heaven, we are so 16 grateful for life today. We thank You that 17 You are the creator of this universe, the God 18 of heaven, the God of earth, the God of 19 governments. 20 We thank You for this government, 21 for this great state. Thank You for what is 22 represented here by way of wisdom. And I pray 23 for the Senators as they meet. 24 You have asked that if we lack 25 wisdom we simply ask of You, who give

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(518) 371-8910 1 liberally. And so we ask that today. 2 I also pray, as the Senate is in 3 order and going through so many things, I pray 4 for their homes, for their wives, husbands, 5 children that are away, for the sacrifices 6 that are made. We thank You for that. 7 Thank You for the leadership of 8 this Senate, for the bills that are coming 9 forth. And I pray that we would be kind, one 10 to another. 11 And we humbly beseech You to be 12 with us. This we pray in Jesus' name. 13 Amen. 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Monday, May 8, the Senate met pursuant to 18 adjournment. The Journal of Sunday, May 7, 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 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Meier. 8 SENATOR MEIER: Thank you, Madam 9 President. 10 On behalf of Senator DeFrancisco, 11 on page Number 54 I offer the following 12 amendments to Calendar Number 927, Senate 13 Print Number 4844A, and ask that said bill 14 retain its place on third reading. 15 THE PRESIDENT: The amendments 16 are received, and the bill will retain its 17 place on the Third Reading Calendar. 18 SENATOR MEIER: Madam President, 19 on page number 37, on behalf of Senator 20 Skelos, I offer the following amendments to 21 Calendar Number 729, Senate Print Number 7171, 22 and ask that said bill retain its place on 23 third reading. 24 THE PRESIDENT: The amendments 25 are received, and that bill will also retain

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(518) 371-8910 1 its place on the Third Reading Calendar. 2 SENATOR MEIER: Thank you, Madam 3 President. 4 THE PRESIDENT: Senator Skelos. 5 SENATOR SKELOS: Madam President, 6 I believe there's one substitution at the 7 desk. If we could make it at this time. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: On page 45, 11 Senator DeFrancisco moves to discharge, from 12 the Committee on Judiciary, Assembly Bill 13 Number 10717 and substitute it for the 14 identical Senate Bill Number 6843, Third 15 Reading Calendar 828. 16 THE PRESIDENT: Substitutions 17 ordered. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 if we could adopt the Resolution Calendar, 21 with the exception of Resolutions 4199, 5041, 22 and 5133. 23 THE PRESIDENT: All in favor of 24 adopting the Resolution Calendar as indicated 25 by Senator Skelos please signify by saying

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(518) 371-8910 1 aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The Resolution 6 Calendar is so adopted. 7 Senator Skelos. 8 SENATOR SKELOS: Madam President, 9 if we could take up Resolution 4199, by 10 Senator Robach, have the title read and move 11 for its immediate adoption. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: By Senator 15 Robach, Legislative Resolution Number 4199, 16 memorializing Governor George E. Pataki to 17 declare May 2006 as "Hepatitis C Awareness 18 Month" in the State of New York. 19 THE PRESIDENT: All in favor of 20 the resolution please signify by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The resolution is 25 adopted.

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Madam President, 3 there's a resolution at the desk, 5041, by 4 Senator Golden. Could we have the title read 5 and move for its immediate adoption. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: By Senator 9 Golden, Legislative Resolution Number 5041, 10 memorializing Governor George E. Pataki to 11 proclaim May 2006 as Older Americans Month in 12 the State of New York. 13 THE PRESIDENT: Senator Golden. 14 SENATOR GOLDEN: Thank you, Madam 15 President. I rise to talk on Older Americans 16 Month. 17 May was first proclaimed Older 18 Americans Month in 1963. At that time, only 19 17 million Americans were over the age of 65. 20 In 2006, an important year because the first 21 of the baby boomers, of that generation, will 22 turn 60. 23 With 77 million baby boomers 24 approaching retirement, it is essential that 25 we acknowledge the profound impact this change

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(518) 371-8910 1 will have on our state and on our nation. By 2 2030, over one in four New Yorkers will be 3 over 60 and one in 10 will be over 75. 4 The theme of this year's Older 5 Americans Month is choices for independence. 6 Ensuring independence and choice for our 7 seniors is an important goal. The fact that 8 the Senate Aging Committee, of which I am the 9 chair, considers independence, dignity and 10 choice to be the core values that should guide 11 our work. 12 Today's seniors are active and 13 educated. They want a say in their care and 14 in their future. By planning ahead and 15 listening to our seniors, we can find ways to 16 stay independent longer and to offer a variety 17 of options to meet those needs, whether they 18 be naturally occurring retirement communities, 19 NORCs, or consumer-directed programs, or 20 caregiver assistance initiatives so that our 21 caregivers have some dollars and wherewithal 22 to take care of our seniors. 23 In addition to reminding us that we 24 must find an innovative way to care for our 25 aging population, Older Americans Month is for

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(518) 371-8910 1 all they do for our community. Senior 2 citizens are active volunteers working in our 3 schools, our hospitals, our senior centers and 4 many other venues. In fact, nearly half of 5 all Americans age 55 and over volunteered at 6 least once in the past year. Of Americans 75 7 and older, 43 percent volunteered in the past 8 year. 9 That was half of all 55 and over 10 volunteered and those over 75, 43 percent 11 volunteered. Americans aged 55 and over have 12 contributed over 7.5 billion hours in this 13 year alone. 14 And that's what it's about, ladies 15 and gentlemen, taking care of our seniors and 16 making sure that we acknowledge them and 17 acknowledge the great contributions that they 18 can make when they retire. 19 Thank you. 20 THE PRESIDENT: On the 21 resolution, all in favor please signify by 22 saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

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(518) 371-8910 1 THE PRESIDENT: The resolution is 2 adopted. 3 Senator Bruno. 4 SENATOR BRUNO: Madam President, 5 I believe there is a resolution at the desk by 6 Senator Winner. I would ask that the title be 7 read and move for its immediate adoption. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: By Senator 11 Winner, Legislative Resolution Number 5133, 12 honoring Elmira native Eileen M. Collins, the 13 first female space shuttle pilot and shuttle 14 commander, upon the occasion of her retirement 15 from the National Aeronautics and Space 16 Administration. 17 THE PRESIDENT: Senator Winner. 18 SENATOR WINNER: Thank you, Madam 19 President. 20 It's my distinct pleasure and honor 21 to be able to rise in support of this 22 resolution honoring Eileen M. Collins, an 23 Elmira native and a true American hero. 24 Eileen Collins rose from very 25 humble beginnings in Elmira, New York,

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(518) 371-8910 1 graduating from Elmira Free Academy, Corning 2 Community College, and going on to Syracuse 3 University, majoring in mathematics and 4 science, and then in 1991 went on to become an 5 astronaut. 6 From there she undertook about six 7 shuttle astronaut adventures, including being 8 the first female shuttle commander and shuttle 9 pilot in the history of NASA, and undertook 10 the Discovery mission in 1999, and then last 11 year the "return to flight" Discovery mission, 12 which was a success and culminated in the 13 docking to the space station and a safe 14 return, something that we all in this country 15 were very much looking forward to with great 16 trepidation, considering some of the tragedies 17 that have faced NASA in the past. 18 THE PRESIDENT: Go ahead, Senator 19 Winner. 20 SENATOR WINNER: Eileen Collins 21 is now retiring from NASA, and this 22 outstanding American and outstanding 23 New Yorker -- or former New Yorker -- I'm sure 24 will achieve significant successes in the 25 future.

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(518) 371-8910 1 And I am very appreciative of this 2 body being able to take time to honor her 3 terrific record and terrific contribution, not 4 only to NASA but to the whole space program, 5 and representing what really you can do with 6 hard work and dedication coming from humble 7 beginnings. 8 And my deep congratulations go out 9 to her and her family, and we wish her well on 10 her retirement. 11 Thank you, Madam President. 12 THE PRESIDENT: All in favor of 13 the resolution please signify by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The resolution is 18 adopted. 19 Senator Bruno. 20 SENATOR BRUNO: Madam President, 21 I have a resolution at the desk that was 22 previously adopted. I would respectfully ask 23 that it be read in its entirety at this time. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: By Senator Bruno, 2 Legislative Resolution Number 4797, 3 congratulating the Troy Albany Youth Hockey 4 Association Peewee Team upon the occasion of 5 competing in the 2006 Tretiak Friendship Cup 6 Tournament in Moscow. 7 "WHEREAS, Athletic competition 8 enhances the moral and physical development of 9 the young people of this state, preparing them 10 for the future by instilling in them the value 11 of teamwork, encouraging a standard of healthy 12 living, imparting a desire for success, and 13 developing a sense of fair play and 14 competition; and 15 "WHEREAS, Attendant to such 16 concern, and in full accord with its 17 long-standing traditions, it is the sense of 18 this Legislative Body to congratulate the Troy 19 Albany Youth Hockey Association Peewee Team 20 upon the occasion of competing in the 2006 21 Tretiak Friendship Cup Tournament in Moscow; 22 and 23 "WHEREAS, An annual international 24 kids and junior hockey tournament, under the 25 patronage of the Moscow government and

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(518) 371-8910 1 legendary goaltender Vladislav Tretiak and his 2 International Sport Academy, the Tretiak 3 Friendship Cup is dedicated to one of the 4 greatest series played in the history of 5 international hockey, the 1972 Summit Series: 6 USSR versus Canada (NHL); and 7 "WHEREAS, In addition, the Tretiak 8 Friendship Cup is about kids playing hockey, 9 giving each kid who is involved as a team 10 member the chance in all the games along with 11 the best players, as well as being a place 12 where friends meet and lifelong friendships 13 are made; and 14 "WHEREAS, Truly an international 15 event, the Tretiak Friendship Cup features 16 teams from Russia, Sweden, Switzerland, the 17 Czech Republic, France, Germany, Latvia, 18 Slovenia, as well as the Troy Albany Youth 19 Hockey Association Peewee Team; and 20 "WHEREAS, In the Tretiak Friendship 21 Cup, the Troy Albany Youth Hockey Association 22 Peewee Team played teams from all over Russia. 23 After the games were over, they traded email, 24 hats, and jerseys with their opponents. In 25 addition, Jordan Juron was honored with a

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(518) 371-8910 1 special gift as the first girl to play in the 2 seven-year history of the tournament; and 3 "WHEREAS, During this 4 once-in-a-lifetime experience, the Troy Albany 5 Youth Hockey Association Peewee Team toured 6 many historical and internationally recognized 7 sites, including the Kremlin, the Armory 8 Museum, Red Square, the Moscow Circus, and the 9 World War II Museum, as well as many churches 10 and cathedrals; and 11 "WHEREAS, The athletic talent 12 displayed by this team is due in great part to 13 the efforts of Coach Mike Juron and his 14 dedicated staff, skilled and inspirational 15 tutors who have done a superb job in guiding, 16 molding and inspiring the team members towards 17 their goals; and 18 "WHEREAS, Loyally and 19 enthusiastically supported by family, fans, 20 friends and the community at large, the 21 members of the Troy Albany Youth Hockey 22 Association Peewee Team have clearly made a 23 contribution to the spirit of excellence which 24 is a tradition of the Capital District; and 25 "WHEREAS, Sports competition

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(518) 371-8910 1 instills the values of teamwork, pride and 2 accomplishment, and the outstanding athletes 3 on the Troy Albany Youth Hockey Association 4 Peewee Team have clearly proven themselves to 5 be a reflection of those values; and 6 "WHEREAS, It is the sense of this 7 Legislative Body that when young people who 8 represent their community with pride and 9 determination while participating in 10 competitive sports are brought to our 11 attention, they should be celebrated and 12 recognized by all the citizens of the great 13 State of New York; now, therefore, be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to 16 congratulate the Troy Albany Youth Hockey 17 Association Peewee Team, its members -- Frank 18 Buksa, Matthew DeVito, Spencer Glaim, John 19 Gosstola, Stephen Hamilton, Samuel Hartz, Jon 20 Houston, Cody Johnson, Jordan Juron, Taylor 21 Merritt, Jack Nardiello, John Pfeiffer, Joe 22 Rooney, Nick Ryan, Ryan Thyrring, Samuel 23 Vaimberg and Matthew Zeglen -- Manager Rich 24 Glaim, Assistant Coach John Hamilton, and 25 Coach Mike Juron upon the occasion of

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(518) 371-8910 1 competing in the 2006 Tretiak Friendship Cup 2 Tournament in Moscow; and be it further 3 "RESOLVED, That copies of this 4 resolution, suitably engrossed, be transmitted 5 to the Troy Albany Youth Hockey Association 6 Peewee Team." 7 THE PRESIDENT: Senator Bruno. 8 SENATOR BRUNO: Thank you, Madam 9 President and colleagues. 10 You know, it's always a great honor 11 for me to acknowledge, respect and honor 12 people or groups that distinguish themselves 13 in some way. 14 It's a special honor for me to 15 welcome the peewee hockey team that you see up 16 here, not just because, as you heard in this 17 resolution, that they represented the Capital 18 Region, but they represented New York State 19 and the United States in Moscow and just 20 returned -- competed, this group, against the 21 outstanding teams from countries all over the 22 world. You think about that. 23 And for the first time, Jordan 24 Juron, who is here -- raise your hand -- that 25 little girl was honored as the first girl

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(518) 371-8910 1 competitor in the whole world in peewee 2 hockey, in Moscow. 3 So we're here celebrating their 4 accomplishment and congratulating them, their 5 parents, their neighbors, their friends, the 6 whole support group. Because the experience 7 that they had in representing the United 8 States in hockey -- which itself is a sport 9 that takes a lot of practice, endurance, 10 stamina, competitiveness. And they have it 11 all, at their young tender ages. They've got 12 to be tough. And they have excelled. 13 So you can be very, very proud. 14 We're proud of you. Proud of all the good 15 things that you have done, proud to have you 16 here with us. 17 And as you go on through life, the 18 lessons you learn internationally, they are 19 lessons that many of us would like to have 20 experienced in our lives. We haven't, and we 21 never will. So what you have done so far will 22 hold you in good stead as you go on through 23 school, you go on to become young adults and 24 be real leaders in everything and anything 25 that you do.

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(518) 371-8910 1 So I'm proud of you, we are proud 2 of you that you have excelled the way you have 3 excelled. And we welcome you here to the 4 Senate chamber. 5 And the resolution that you heard 6 read is passed just like any law that we pass 7 here in this beautiful chamber, and it becomes 8 a record of the history of New York State. So 9 that when you grow up, your children, your 10 grandchildren can come in and check the 11 records of New York State and they will see 12 this resolution number, recognizing your 13 accomplishments that you have just experienced 14 in Moscow. 15 So welcome back. Congratulations 16 to all of you. 17 And I want to thank the president, 18 who is Rensselaer County's best, and all of my 19 colleagues here. 20 THE PRESIDENT: Thank you, 21 Senator Bruno. 22 Congratulations. As Senator Bruno 23 mentioned, I am a resident of Troy. And I am 24 so proud of what you have accomplished. 25 Jordan, I'm in awe of what you've

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(518) 371-8910 1 accomplished. 2 I certainly think that the skills, 3 the perseverance, the experiences that you've 4 had with hockey are going to be a good 5 indicator of success all the way down the 6 road. Best wishes. 7 Now, on the resolution, all in 8 favor please signify by saying aye. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: The resolution is 13 adopted. 14 Congratulations and best wishes. 15 (Applause.) 16 THE PRESIDENT: Senator Bruno. 17 SENATOR BRUNO: Madam President, 18 can we at this time take up the 19 noncontroversial reading of the calendar. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Calendar Number 23 347, by Senator Spano, Senate Print 2975B, an 24 act to amend the Executive Law, in relation -- 25 SENATOR BRUNO: Lay it aside

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(518) 371-8910 1 temporarily. 2 THE PRESIDENT: The bill is laid 3 aside temporarily. 4 THE SECRETARY: Calendar Number 5 707, by Senator Winner, Senate Print 6767, an 6 act to amend the Agriculture and Markets Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 728, by Senator Skelos, Senate Print 7141, an 18 act to amend Chapter 564 of the Laws of 2004. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 56. Nays,

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(518) 371-8910 1 1. Senator Bonacic recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 730, by Senator Little, Senate Print 7198, an 6 act to authorize the Town of Fort Ann, in the 7 County of Washington. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 779, by Senator Winner, Senate Print 2748, an 19 act to amend the General Municipal Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 792, by Senator Little, Senate Print 7325, an 6 act to amend the Local Finance Law and Chapter 7 413 of the Laws of 1991, amending the Local 8 Finance Law. 9 ACTING PRESIDENT MORAHAN: Read 10 the last section. 11 THE SECRETARY: Section 7. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MORAHAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MORAHAN: 17 Announce the results. 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 804, by Senator Young, Senate Print 2285, an 23 act to amend the Vehicle and Traffic Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the same date and in 3 the same manner as Section 2 of Chapter 673 of 4 the Laws of 2004. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 Senator Duane. 11 SENATOR DUANE: Thank you, 12 Mr. President. 13 I'm going to be voting against this 14 bill because it makes permanent the revocation 15 of a driver's license for persons who have 16 committed certain drug and alcohol offenses. 17 And generally I believe that permanency is too 18 harsh, and I believe that there's such a thing 19 as rehabilitation and redemption. 20 However, I would be remiss if I 21 didn't mention that a person who has a serious 22 drug and/or alcohol dependency obviously needs 23 treatment. And many New Yorkers can't afford 24 the mental health treatment or chemical 25 addiction treatment that they need and

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(518) 371-8910 1 deserve. And yet another day has gone by here 2 in the Senate, and we don't have Timothy's Law 3 on the active list. 4 Certainly New Yorkers deserve a 5 strong mental health parity law. And I can't 6 stress enough that the Senate absolutely needs 7 to pass Timothy's Law this session. 8 I'll be voting no on this bill. 9 And I might not have to do that if we had a 10 Timothy's Law that covered drug and alcohol 11 dependency. 12 Thank you, Mr. President. 13 ACTING PRESIDENT MORAHAN: Thank 14 you, Senator Duane. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 804 are 18 Senators Duane and Montgomery. 19 Ayes, 55. Nays, 2. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 814, by Senator Bonacic, Senate Print 6659, an 24 act to amend the Highway Law. 25 ACTING PRESIDENT MORAHAN: 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 MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 824, by Senator Alesi, Senate Print -- 14 SENATOR SCHNEIDERMAN: Lay it 15 aside. 16 ACTING PRESIDENT MORAHAN: The 17 bill is laid aside. 18 THE SECRETARY: Calendar Number 19 827, by Senator DeFrancisco, Senate Print 20 5062A, an act to amend the Estates, Powers and 21 Trusts Law. 22 ACTING PRESIDENT MORAHAN: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of January.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MORAHAN: 5 Announce the results. 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 828, substituted earlier today by Member of 11 the Assembly Lavine, Assembly Print Number 12 10717, an act to amend the Universal District 13 Court Act. 14 ACTING PRESIDENT MORAHAN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MORAHAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MORAHAN: 22 Announce the results. 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 845, by Senator Trunzo, Senate Print 432, an 3 act to amend the Education Law. 4 ACTING PRESIDENT MORAHAN: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the first of August. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT MORAHAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 853, by Senator Trunzo, Senate Print 3358, an 18 act to amend the Labor Law. 19 ACTING PRESIDENT MORAHAN: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 30th day. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT MORAHAN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 881, by Senator Skelos, Senate Print 7451, an 8 act to amend the General Business Law. 9 ACTING PRESIDENT MORAHAN: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 30th day. 13 ACTING PRESIDENT MORAHAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MORAHAN: 17 Announce the results. 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 889, by Senator Golden, Senate Print 1826, an 23 act to amend the Penal Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 Senator Montgomery. 10 SENATOR MONTGOMERY: Mr. 11 President, can I ask what number we're voting 12 on now? 13 ACTING PRESIDENT MORAHAN: 14 Calendar 889. 15 SENATOR MONTGOMERY: Thank you. 16 ACTING PRESIDENT MORAHAN: The 17 Secretary will announce the results. 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 890, by Senator Golden, Senate Print 1827, an 23 act to amend the Penal Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 4. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 891, by Senator Maltese, Senate Print 1870A, 14 an act to amend the Civil Rights Law and 15 others. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MORAHAN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MORAHAN: 24 Announce the results. 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 893, by Senator Padavan, Senate Print 2206, an 5 act to amend the Penal Law, the Vehicle and 6 Traffic Law, and the Criminal Procedure Law. 7 ACTING PRESIDENT MORAHAN: Read 8 the last section. 9 THE SECRETARY: Section 10. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT MORAHAN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MORAHAN: 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 893 are 19 Senators Duane, Montgomery and Parker. 20 Ayes, 54. Nays, 3. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 894, by Senator Padavan, Senate Print 3229, an 25 act to amend the Criminal Procedure Law and

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(518) 371-8910 1 the Penal Law. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 894 are 13 Senators Dilan, Duane, L. Krueger and 14 Montgomery. 15 Ayes, 54. Nays, 4. 16 ACTING PRESIDENT MORAHAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 895, by Senator Golden, Senate Print 3374, an 20 act to amend the Penal Law. 21 ACTING PRESIDENT MORAHAN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MORAHAN: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 58. Nays, 6 1. Senator Montgomery recorded in the 7 negative. 8 ACTING PRESIDENT MORAHAN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 896, by Senator Leibell, Senate Print 3789, an 12 act to amend the Penal Law. 13 ACTING PRESIDENT MORAHAN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of 17 November. 18 ACTING PRESIDENT MORAHAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MORAHAN: 22 Announce the results. 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 898, by Senator DeFrancisco, Senate Print 3 4051, an act to amend the Criminal Procedure 4 Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of January. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 900, by Senator Padavan, Senate Print 4774, an 19 act to amend the Penal Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of 24 November. 25 ACTING PRESIDENT MORAHAN: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 58. Nays, 6 1. Senator Duane recorded in the negative. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 944, by Senator Volker, Senate Print 6329, an 11 act to amend the Alcoholic Beverage Control 12 Law. 13 ACTING PRESIDENT MORAHAN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 952, by Senator Meier, Senate Print 7706, an 2 act to amend the Tax Law. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 7. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MORAHAN: 11 Senator Meier, to explain his vote. 12 SENATOR MEIER: Thank you, 13 Mr. President. Just briefly. 14 I'm voting aye on this piece of 15 legislation, which authorizes the County of 16 Oneida to reduce its county sales tax by 17 one-half of 1 percent, effective the first of 18 September, and then to reduce it again, by 19 one-quarter of 1 percent additional, on the 20 first of December of this year. 21 This bill is made possible by the 22 fact that we took over the county's full share 23 of the Family Health Plus program and we 24 capped the county's share of Medicaid's 25 growth.

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(518) 371-8910 1 Now, I would add a note of caution 2 that while we took over additional costs from 3 the county, we have more work to do on 4 Medicaid reform if we are not to have a 5 ticking time bomb inside our budget. And it 6 would be nice if the other body could come 7 along and get together with us on Senator 8 Skelos's Medicaid fraud bill. 9 This was the right thing that my 10 home county did by giving these savings back 11 to the taxpayers, and I'm proud that they kept 12 their commitment to those people. I vote aye. 13 ACTING PRESIDENT MORAHAN: Thank 14 you, Senator Meier. You will be recorded in 15 the affirmative. 16 Senator Valesky. 17 SENATOR VALESKY: Thank you very 18 much, Mr. President. To explain my vote as 19 well. 20 I appreciate Senator Meier bringing 21 this bill to the floor today. As he 22 explained, it reduces by a half a point and 23 then gives them the authority to reduce by an 24 additional quarter percent one of the highest 25 sales taxes in the nation. And this body has

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(518) 371-8910 1 had a lot to do with that through the Medicaid 2 cap that was implemented in last year's 3 New York State budget. 4 I encourage all of my colleagues to 5 support this measure. Thank you. 6 ACTING PRESIDENT MORAHAN: Thank 7 you, Senator. You will be recorded in the 8 affirmative. 9 Announce the results. 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 The Secretary will read Calendar 14 Number 347. 15 THE SECRETARY: Calendar Number 16 347, by Senator Spano, Senate Print 2975B, an 17 act to amend the Executive Law. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 58. Nays, 4 1. Senator Duane recorded in the negative. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 Senator Skelos, that completes the 8 noncontroversial reading of the calendar. 9 SENATOR SKELOS: Thank you, 10 Mr. President. 11 If we could go to the controversial 12 reading, I believe there's one bill. 13 ACTING PRESIDENT MORAHAN: There 14 is one bill. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 824, by Senator Alesi, Senate Print 2417, an 18 act to amend the General Business Law and the 19 Civil Practice Law and Rules. 20 SENATOR SCHNEIDERMAN: 21 Explanation. 22 ACTING PRESIDENT MORAHAN: 23 Senator Alesi, an explanation has been 24 requested. 25 SENATOR ALESI: Thank you.

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(518) 371-8910 1 Mr. President, this is a repeat 2 attempt to pass the Uniform Trade Secrets Act 3 in New York State, bringing New York State 4 into line with 42 other states and the 5 District of Columbia when it comes to 6 providing protection for high-tech and other 7 firms against their trade secrets being 8 misappropriated. 9 Thank you very much, Mr. President. 10 ACTING PRESIDENT MORAHAN: Thank 11 you, Senator Alesi. 12 Senator Schneiderman. 13 SENATOR SCHNEIDERMAN: Thank the 14 sponsor for that brief explanation. 15 Oh, the person I wanted to hear 16 that is not here. I'm sorry. 17 On the bill, Mr. President. 18 ACTING PRESIDENT MORAHAN: 19 Senator Schneiderman, on the bill. 20 SENATOR SCHNEIDERMAN: We've had 21 a similar discussion for the last few years. 22 The identical bill came up in 2004 and then 23 again in 2005. 24 I would urge my colleagues that 25 while the intention to protect trade secrets

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(518) 371-8910 1 from improper use and from misappropriation is 2 something that I think everyone supports, the 3 way this particular bill is drafted goes far 4 too far in a direction that I believe would 5 very easily be used to suppress the kind of 6 free flow of information that makes our 7 commerce thrive and that also enables people 8 to protect themselves from corporate 9 malfeasance. 10 The bill describes trade secrets 11 extremely broadly: Any type of information 12 tangible or intangible -- I'm reading now from 13 the second page of the bill -- whether or how 14 stored, compiled or memorialized. This is a 15 trade secret as long as it deprives 16 independent economic value, actual or 17 potential, from not being generally known. 18 Misappropriation of a trade secret, 19 as defined, can mean something as simple as 20 duplicating, sketching, delivering or sending 21 a trade secret without authorization. So 22 we're talking about pretty much any type of 23 financial information. Last year I posited 24 the idea that this could mean a shortcut in a 25 delivery route.

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(518) 371-8910 1 And misappropriation simply means 2 duplicating or sending or conveying, without 3 authorization, that information. There is no 4 requirement, I note, in the Section 279N that 5 the party who is sending it understand that 6 authorization is required. 7 So this is something that provides 8 extremely broad protection. The worst part of 9 this bill, in my view, is that it requires 10 courts -- and this is something that I believe 11 is unprecedented in our state. It says that 12 in an action under this article, a court shall 13 preserve the secrecy of an alleged trade 14 secret by reasonable means. This means if 15 someone comes in and alleges something is a 16 trade secret, the court has no discretion. 17 The court shall preserve the secrecy even if 18 it's just alleged to be a trade secret. 19 So this, in my view, goes far too 20 far to covering up activities, covering up 21 business activities that may not necessarily 22 be in the public interest to cover up. 23 We have seen many times in the past 24 with tires, with the Firestone litigation -- 25 more recently we've seen with the Vioxx

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(518) 371-8910 1 litigation that the manufacturer of Vioxx was 2 in fact attempting to cover up the situation 3 with the drug. 4 And I note -- and this is -- and 5 you have to be some kind of a real corporate 6 scoundrel to be exposed by the Wall Street 7 Journal. These people were even too bad for 8 the Wall Street Journal, which published 9 emails exposing that there was a concerted 10 effort to bury the negative evidence of 11 Vioxx's negative consequences and distort the 12 drug trials by excluding heart patients from 13 the Vioxx studies. 14 So if even the Wall Street Journal 15 says these people are -- this is corporate 16 malfeasance, which I think they maybe found 17 once or twice in the entire history of that 18 esteemed publication, this is pretty bad 19 stuff. 20 Under this bill, the information 21 wouldn't get out. All the manufacturer has to 22 do is go into court, allege a trade secret, 23 and the court is mandated to provide 24 protection. Sure, down the road it may be 25 possible to prevail in longer litigation, but

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(518) 371-8910 1 that's not the kind of protection that we need 2 here. 3 I think that we should be moving 4 towards more sunshine in litigation. There is 5 a sunshine-in-litigation act in other statutes 6 that are proposed so that the people of this 7 state can know what's going on when health and 8 life is at risk. This moves too far in the 9 other direction. 10 And I also note, finally, if for no 11 other reason, my colleagues who are opposed to 12 frivolous litigation, my colleagues who say 13 that, you know, trial lawyers bring frivolous 14 lawsuits and they should be prohibited, there 15 is an article in the CPLR that imposes 16 penalties -- CPLR Section 8303 -- penalties 17 for frivolous litigation. This statute would 18 exempt people alleging trade secrets and 19 bringing actions to suppress trade information 20 from the provisions that prohibit frivolous 21 claims in defenses. 22 So if you're opposed to frivolous 23 lawsuits, you certainly should not be in favor 24 of Section 2 of this bill, which exempts this 25 whole category of litigation from the

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(518) 371-8910 1 sanctions against frivolous litigation. 2 So for that reason, because this 3 takes away the court's discretion, has 4 overbroad definitions, allows companies just 5 to come in and allege trade secrets and obtain 6 relief, and because it eliminates the very 7 important provisions against frivolous 8 litigation in CPLR Section 8303, I'm going to 9 once again be voting no. 10 I would love to see a redrafted 11 version of this at some point so we can feel 12 that some of the objections that hold this 13 bill up year after year are being heard. But 14 I would urge my colleagues to vote no in the 15 interim. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MORAHAN: Thank 18 you, Senator Schneiderman. You will be 19 recorded as voting in the negative. 20 Does any other Senator wish to be 21 heard? 22 Debate is closed. 23 The Secretary will ring the bell. 24 The Secretary will read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: The 7 Secretary will announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 824 are 10 Senators Andrews, Breslin, Connor, Coppola, 11 DeFrancisco, Diaz, Dilan, Duane, Gonzalez, 12 L. Krueger, Montgomery, Morahan, Onorato, 13 Parker, Paterson, Sabini, Sampson, Savino, 14 Schneiderman, Serrano, A. Smith, M. Smith, 15 Stachowski, and Stavisky. 16 Those Senators absent from voting: 17 Senator C. Kruger. 18 Ayes, 35. Nays, 24. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 is there any further business at the desk? I 24 believe there are several motions. 25 ACTING PRESIDENT MORAHAN: Yes,

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(518) 371-8910 1 there is. We have two motions by Senator 2 Farley. 3 Senator Farley. 4 SENATOR FARLEY: Thank you, 5 Mr. President. 6 I wish to call up my bill, on page 7 48, and offer the following amendments to 8 Calendar Number 864, Senate Print 7585. And I 9 ask that that bill retain its place on the 10 Third Reading Calendar. 11 ACTING PRESIDENT MORAHAN: The 12 amendments are received, and the bill will 13 retain its place on the Third Reading 14 Calendar. 15 SENATOR FARLEY: On behalf of 16 Senator Larkin, Mr. President, I wish to call 17 up his bill, Print Number 854, which was 18 recalled from the Assembly and is now at your 19 desk. 20 ACTING PRESIDENT MORAHAN: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 666, by Senator Larkin, Senate Print 854, an 24 act to amend the Real Property Tax Law. 25 SENATOR FARLEY: Mr. President, I

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(518) 371-8910 1 now move to reconsider the vote by which the 2 bill was passed. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll on reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT MORAHAN: The 8 bill is restored to its place on the Third 9 Reading Calendar. 10 SENATOR FARLEY: Mr. President, I 11 now offer the following amendments to that 12 bill. 13 ACTING PRESIDENT MORAHAN: The 14 amendments are received. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 there being no further business to come before 18 the Senate, I move we stand adjourned until 19 Wednesday, May 10th, at 11:00 a.m. There 20 being no other business to come before the 21 Senate, the Senate stands adjourned until 22 11:00 o'clock, Wednesday, May 10th. 23 (Whereupon, at 3:53 p.m., the Senate 24 adjourned.) 25

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(518) 371-8910