Tuesday, May 23, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 23, 2006 11 3:06 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 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 Reverend 11 Jason McGuire, pastor of Ingleside Christian 12 Church in Naples. 13 REVEREND McGUIRE: Father, You 14 cannot help but walk these halls and see the 15 history and the heritage in this building. 16 And this of all weeks reminds us of 17 that as we think about the freedoms and the 18 things that we enjoy. And sometimes perhaps 19 it is easy for us to take that for granted 20 when we spend so much time in a building such 21 as this. 22 Father, we pray that we would never 23 forget that what we enjoy, both as Americans 24 and as New Yorkers, comes from the hand of 25 God. Father, we thank You for that.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And we pray this day, through all 2 the actions and all the affairs that take 3 place here today, that we would remember the 4 words of the prophet of old: "He hath showed 5 thee, O man, what is good; and what doth the 6 Lord require of thee, but to do justly, and to 7 love mercy, and to walk humbly with thy God." 8 Father, may every heart here be 9 turned towards You and learn to observe Your 10 ways, that we may walk humbly with our God. 11 We pray this in the name of Jesus Christ. 12 Amen. 13 THE PRESIDENT: Reading of the 14 Journal. 15 THE SECRETARY: In Senate, 16 Monday, May 22, the Senate met pursuant to 17 adjournment. The Journal of Sunday, May 21, 18 was read and approved. On motion, Senate 19 adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Reports of standing committees. 2 The Secretary will read. 3 THE SECRETARY: Senator Saland, 4 from the Committee on Education, reports the 5 following bill direct to third reading: 6 Senate Print 7551, by Senator Fuschillo, an 7 act to amend the Education Law. 8 THE PRESIDENT: So ordered. 9 Reports of select committees. 10 Communications and reports from 11 state officers. 12 Motions and resolutions. 13 Senator Farley. 14 SENATOR FARLEY: Thank you, Madam 15 President. 16 Amendments to the following bills 17 are offered: 18 On behalf of Senator Trunzo, on 19 page 49, Calendar Number 954, Senate Print 20 133; 21 On behalf of Senator Skelos, on 22 page 50, Calendar Number 976, Senate Print 23 7086A; 24 On behalf of Senator Maziarz, on 25 page 56, Calendar Number 1070, Senate Print

Candyco Transcription Service, Inc.

(518) 371-8910 1 7329; 2 On behalf of Senator Libous, on 3 page 73, Calendar Number 1233, Senate Print 4 7307; 5 On behalf of Senator Skelos, on 6 page 75, Calendar Number 1258, Senate Print 7 7412; 8 And on behalf of Senator Larkin, on 9 page 56, Calendar Number 1067, Senate Print 10 7143. 11 Madam President, I ask that these 12 bills retain their place on the Third Reading 13 Calendar. 14 THE PRESIDENT: The amendments 15 are received, and the bills will retain their 16 place on the Third Reading Calendar. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 are there any substitutions at the desk? 20 THE PRESIDENT: Yes, there are, 21 Senator. 22 SENATOR BRUNO: If we can make 23 them at this time. 24 THE PRESIDENT: The Secretary 25 will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: On page 19, 2 Senator Nozzolio moves to discharge, from the 3 Committee on Crime Victims, Crime and 4 Correction, Assembly Bill Number 4982A and 5 substitute it for the identical Senate Bill 6 Number 512A, Third Reading Calendar 359. 7 On page 24, Senator Bonacic moves 8 to discharge, from the Committee on Education, 9 Assembly Bill Number 9295 and substitute it 10 for the identical Senate Bill Number 6632, 11 Third Reading Calendar 484. 12 On page 36, Senator Maziarz moves 13 to discharge, from the Committee on Labor, 14 Assembly Bill Number 10694A and substitute it 15 for the identical Senate Bill Number 7291, 16 Third Reading Calendar 749. 17 On page 47, Senator Robach moves to 18 discharge, from the Committee on Civil Service 19 and Pensions, Assembly Bill Number 9928A and 20 substitute it for the identical Senate Bill 21 Number 7436, Third Reading Calendar 931. 22 On page 56, Senator Libous moves to 23 discharge, from the Committee on 24 Transportation, Assembly Bill Number 8887A and 25 substitute it for the identical Senate Bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 Number 5862A, Third Reading Calendar 1061. 2 On page 64, Senator Padavan moves 3 to discharge, from the Committee on Judiciary, 4 Assembly Bill Number 9656 and substitute it 5 for the identical Senate Bill Number 6537, 6 Third Reading Calendar 1145. 7 And on page 69, Senator Fuschillo 8 moves to discharge, from the Committee on 9 Consumer Protection, Assembly Bill Number 10 8456B and substitute it for the identical 11 Senate Bill Number 5178A, Third Reading 12 Calendar 1193. 13 THE PRESIDENT: Substitutions 14 ordered. 15 Senator Bruno. 16 SENATOR BRUNO: Madam President, 17 can we at this time adopt the Resolution 18 Calendar, with the exceptions of Resolutions 19 5349, 5429, 5430, 5484, and 5493. 20 THE PRESIDENT: All in favor of 21 so adopting the Resolution Calendar please 22 signify by saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The Resolution 2 Calendar is so adopted. 3 Senator Bruno. 4 SENATOR BRUNO: Madam President, 5 I believe that there is a privileged 6 resolution at the desk that I have sponsored, 7 along with my outstanding colleague Senator 8 Morahan. I would ask that at this time it be 9 read in its entirety and move for its 10 immediate adoption. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: By Senator Bruno, 14 Legislative Resolution Number 5457, 15 memorializing Governor George E. Pataki to 16 proclaim May 23, 2006, as Senate Disabilities 17 Awareness Day in the State of New York. 18 "WHEREAS, The New York State Senate 19 Committee on the Disabled is sponsoring the 20 26th Annual Senate Disabilities Awareness Day 21 in Albany, New York; and 22 "WHEREAS, Members of this 23 Legislative Body have selected residents from 24 their districts who embody the celebrated 25 spirit of perseverance and determination to

Candyco Transcription Service, Inc.

(518) 371-8910 1 'achieve through adversity' to be honored as 2 2006 Senate Achievers; and 3 "WHEREAS, In addition, a Technology 4 Fair will be held with exhibitors from across 5 the state displaying their programs; and 6 "WHEREAS, It is the sense of this 7 Legislative Body that persons with 8 disabilities merit our recognition as they 9 realize the goals of inclusion and equality in 10 our communities and society at large; and 11 "WHEREAS, It is the intent of this 12 Legislative Body to recognize persons with 13 disabilities, accentuating, in turn, the 14 benefit to New York State of their 15 contributions to our economic, educational and 16 social growth; and 17 "WHEREAS, Senate Disabilities 18 Awareness Day so clearly labors for the 19 positive and salutary definition of the 20 communities of the State of New York; and 21 "WHEREAS, Senate Disabilities 22 Awareness Day provides individuals with an 23 opportunity to acknowledge and understand the 24 legislative process; now, therefore, be it 25 "RESOLVED, That this Legislative

Candyco Transcription Service, Inc.

(518) 371-8910 1 Body pause in its deliberations to memorialize 2 Governor George E. Pataki to proclaim May 23, 3 2006, as Senate Disabilities Awareness Day in 4 the State of New York, fully confident that 5 such procedure mirrors our shared commitment 6 to the efflorescence of human dignity; and be 7 it further 8 "RESOLVED, That copies of this 9 resolution, suitably engrossed, be transmitted 10 to The Honorable George E. Pataki, Governor of 11 the State of New York, and selected 12 representatives of persons with disabilities." 13 THE PRESIDENT: Senator Bruno. 14 SENATOR BRUNO: Thank you. Thank 15 you, Madam President and colleagues. 16 Today, as you heard, we're 17 celebrating the New York State Senate's 26th 18 Annual Disabilities Awareness Day. And all of 19 us gather together and respect, recognize and 20 honor people with disabilities who have 21 achieved in their lives things that would be 22 beyond anyone's expectation. It takes a lot 23 of determination, a lot of dedication. It's 24 working through pain, persevering, being 25 upbeat, being optimistic.

Candyco Transcription Service, Inc.

(518) 371-8910 1 All of us think that we have 2 challenges in life. You take a look at some 3 of the people, 22 that we honored here today, 4 kind of as role models. And all of us can 5 learn a great deal from people who have a 6 disability and don't recognize it and live 7 without it and overcome and achieve. 8 Teena Willard was the lady up here 9 from Wilton, New York, that we honored, from 10 my area. Teena with her mom and dad, Oscar 11 and Teena Willard. Teena got in a car 12 accident at age 20 and became totally 13 disabled. 14 Rather than just accept life as it 15 was and lament and weep and wail, she went on 16 to Skidmore College, my alma mater, and found 17 that it wasn't accessible to a person in a 18 wheelchair. She advocated and created total 19 access for herself and for other students 20 there at Skidmore, graduating. Went on with 21 her life for the past years, doing the same 22 thing all over this state. Has worked with 23 the disabled, with the handicapped, to make 24 their lives more productive and better. 25 So, Teena, thank you again for all

Candyco Transcription Service, Inc.

(518) 371-8910 1 the good things that you do. Thank you to all 2 of you that are here who are being recognized. 3 And thanks to my colleagues here in the Senate 4 who spend the time and make the effort to 5 recognize people who truly are an inspiration 6 for each and every one of us. 7 Thank you, Madam President. 8 THE PRESIDENT: Senator Morahan. 9 SENATOR MORAHAN: Thank you, 10 Madam President. 11 Today, in the Well of the LOB, 12 several people who we thought were disabled 13 gathered together to celebrate the 14 achievements of each other. It was truly an 15 inspiring morning for me to see people who 16 have not only coped with their disability but 17 achieved far beyond what people without a 18 disability have done, including me. 19 They have taken the disability in 20 actuality, put it to the side. Not only have 21 they coped with their disability, but they 22 went beyond and they achieved and they served 23 as role models. And they have excelled and 24 they have helped others in all walks of life. 25 Some were blind, some were disabled with

Candyco Transcription Service, Inc.

(518) 371-8910 1 limbs, some had other disabilities. But all 2 of them served to me, truly as an 3 inspirational morning, as what can be done 4 when you put your disability aside. 5 And it makes one feel rather 6 ashamed of oneself when we think of some of 7 the small disabilities that we may deal with 8 from time to time and complain about and have 9 it hold us back in our duties, when we see 10 these young people, middle-aged people, and 11 elderly people make us so proud that we have 12 people like that in the State of New York who, 13 despite a disability, have achieved greatness 14 in their lives, activities in their lives -- 15 things physically that I wouldn't even do or 16 never had the opportunity to do or never had 17 the inclination to do, I was always fearful of 18 doing. But they're kayaking, they're skiing, 19 they're doing all of those great things. And, 20 and their disability is in the back seat, not 21 in the front seat. 22 So my congratulations not only to 23 those who served as models today, those that 24 came to Albany to be celebrated with their 25 achievements, but to all the people with

Candyco Transcription Service, Inc.

(518) 371-8910 1 disabilities around the State of New York. 2 Thank you, thank you, thank you for serving 3 our state so well in so many ways. 4 Thank you, Madam President. 5 THE PRESIDENT: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: Yes, I rise 8 to echo the words that have already been said. 9 You know, it was truly an inspiring 10 afternoon. As each name was read, the 11 accomplishments seemed to be somewhat 12 different, but really the same theme, that 13 people can achieve no matter what the 14 obstacles are if they have it right here, in 15 their hearts, to do it and if they have the 16 courage to do it. 17 And I just want to congratulate 18 everyone here who was honored today, and 19 especially Agnes McCray, from my district, who 20 has come to lobby here for people with people 21 with disabilities. And she does it with 22 grace, she does it with dignity, and she does 23 it forcefully to make things happen here in 24 Albany that are benefiting everyone. 25 So thank you, Madam President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Senator LaValle. 2 SENATOR LaVALLE: Thank you, 3 Madam President. 4 I rise -- first I'd like to thank 5 and commend Senator Morahan for the job and 6 Senator Bruno for the job that they did in 7 bringing to Albany people who are just so 8 awe-inspiring. For those that were there at 9 the ceremony earlier this morning, the stories 10 were just incredible. 11 And I just wanted to rise to 12 recognize Chris Pendergast, from my district, 13 whose story -- and Chris and I spent a lot of 14 time today, and I must tell you that I have 15 been very, very inspired by this gentleman, 16 who has ALS, and the job that he does in 17 trying to uplift other people, get them 18 through their problems and use his life as an 19 example -- is something that I learned today. 20 And, Chris, I learned a lot from 21 you. Thank you for your advocacy and the work 22 that you do. 23 THE PRESIDENT: Senator Golden. 24 SENATOR GOLDEN: Thank you, Madam 25 President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I rise today, too, to thank the 2 leader and to thank Senator Tom Morahan for 3 bringing together so many great and wonderful 4 people, so many miracles that were in that 5 Well today. 6 And they're all over this chamber. 7 I look on my right here and I see the lady 8 here from Troy, and from Senator Bruno's area. 9 And I look up into the balcony, and I see the 10 police officer that lost his leg and was in a 11 coma for five months and is back to work. And 12 I look over in the corner, at the gentleman 13 that I brought up from Brooklyn, Billy 14 Albanese and his father, Vito Albanese. 15 Billy was an unfortunate child with 16 an unfortunate accident in his teens that led 17 to his being crippled. And today, at 35 years 18 of age, he's living with his father. But 19 before that, he was sent for residential 20 treatment in New Jersey, of which this state 21 paid $200,000 and pays as much as $300,000 to 22 put these kids into residential treatment 23 outside the state of New York. 24 He was beaten, he was tortured, he 25 was strapped down for hours. Two kids were

Candyco Transcription Service, Inc.

(518) 371-8910 1 killed in the facility that he was housed in, 2 and they were from New York. 3 He brought it to our attention, and 4 we fought for Billy and we fought for those 5 other 1,400 children that are placed outside 6 the State of New York in facilities around the 7 country. 8 And lo and behold, this conference 9 here, this Senate passed a law last year that 10 said if we're going to send our children into 11 out-of-state residences, they have to adhere 12 to the rules and regulations of the Department 13 of Health and the other agencies here in the 14 State of New York if we're to give them the 15 $200,000 to $300,000 that we give them for 16 each resident. 17 This law will help us to bring 18 those kids home right here to this state where 19 they belong, in their communities where they 20 grew up, and give them the opportunities that 21 they deserve. 22 Because of Billy, because of this 23 State Senate body here today, and the Governor 24 signed into law, we have today Billy's Law. 25 And I want to thank him and his father.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I want to thank so many other 2 miracles that are here today. Thank you for 3 helping us to see. 4 Thank you. 5 THE PRESIDENT: All in favor of 6 the resolution please signify by saying aye. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed, nay. 9 (No response.) 10 THE PRESIDENT: The resolution is 11 adopted. 12 Senator Bruno. 13 SENATOR BRUNO: Madam President, 14 we would like to open up the resolution for 15 cosponsorship. 16 THE PRESIDENT: The resolution is 17 open for cosponsorship. Any Senator who does 18 not wish to cosponsor the resolution please 19 notify the desk. 20 Senator Bruno. 21 SENATOR BRUNO: Madam President, 22 I believe there is another resolution at the 23 desk, by Senator Farley. I would ask that it 24 be read in its entirety and move for its 25 immediate adoption.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: By Senator 4 Farley, Legislative Resolution Number 5430, 5 honoring Matthew Swartz upon the occasion of 6 receiving the Law Enforcement Wings of Law 7 Eagle Award from the Respect for Law Alliance. 8 "WHEREAS, The State of New York 9 takes great pride in acknowledging the 10 outstanding achievements of its esteemed 11 residents; and 12 "WHEREAS, Matthew Swartz will 13 receive the Law Enforcement Wings of Law Eagle 14 Award from the Respect for Law Alliance during 15 its annual awards reception and banquet on 16 May 26, 2006; and 17 "WHEREAS, Matt began his 18 distinguished career in law enforcement with 19 the Montgomery County Sheriff's Department in 20 June of 1993. He served for one year as a 21 corrections officer before taking road patrol 22 duties until July of 1997; and 23 "WHEREAS, During this time, he also 24 served with police departments in Johnstown, 25 Frankfort, Cooperstown, Fort Plain and

Candyco Transcription Service, Inc.

(518) 371-8910 1 Canojaharie; and 2 "WHEREAS, He is currently a trooper 3 with the New York State Police; and 4 "WHEREAS, Matt served with honor in 5 the New York Air National Guard and has been 6 honored with the Air Force Achievement Medal 7 and the New York State Conspicuous Service 8 Award for lifesaving action while deployed in 9 Panama; and 10 "WHEREAS, He was severely injured 11 in a car accident in November of 2004 and his 12 leg was amputated below the knee; and 13 "WHEREAS, Matt is a former member 14 of the Fort Plain Volunteer Fire Department 15 and is currently a captain with the Sir 16 William Johnson Fire Department; and 17 "WHEREAS, He is a dedicated member 18 of the Mid-County Volunteer Ambulance Corps. 19 He is a certified first responder and 20 instructor in first aid and CPR at multiple 21 levels; and 22 "WHEREAS, Matt also contributes his 23 time and talent to the Boy Scouts of America, 24 Police Tactical Officers Association, American 25 Quarter Horse Association, Palomino Horse

Candyco Transcription Service, Inc.

(518) 371-8910 1 Breeders of America, National Wild Turkey 2 Federation, Amputee Coalition of America, 3 Wounded Warrior Project, New York State Police 4 Ski Team and the New York State Police 5 Firearms Competition Team; and 6 "WHEREAS, He has also participated 7 in the Adirondack Sprintacular 5K Run, Wounded 8 Warrior Project 2nd Annual Ski and the 9 Northeastern Police Ski Championship; and. 10 "WHEREAS, Matt was selected to join 11 a group of 'survivors' to address the New York 12 State Police Academy class before their 13 graduation; and 14 "WHEREAS, He and his loving wife, 15 Alison, reside in Johnstown; and 16 "WHEREAS, His positive attitude, 17 perseverance, and commitment to law 18 enforcement is in the true spirit of this 19 prestigious award from the Respect for Law 20 Alliance, Incorporated; now, therefore, be it 21 "RESOLVED, That this Legislative 22 Body pause in its deliberations to honor 23 Matthew Swartz upon the occasion of receiving 24 the Law Enforcement Wings of Law Eagle Award 25 from the Respect for Law Alliance,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Incorporated, and be it further 2 "RESOLVED, That a copy of this 3 resolution, suitably engrossed, be transmitted 4 to Matthew Swartz." 5 THE PRESIDENT: Senator Farley. 6 SENATOR FARLEY: Thank you, Madam 7 President. 8 This is one of the most remarkable 9 stories that has ever come before this house. 10 Not only is Matthew is a winner of our 11 Disabilities Awareness Award today, my 12 nominee, he is also an inspiration to the 13 entire State of New York, if not the nation. 14 Yes, he was in a coma for five 15 weeks, with broken bones, a leg amputated 16 below the knee. And when he came out of this, 17 he had one desire: to return to the New York 18 State Police. And my phone rang off the hook 19 from his comrades that urged me to support his 20 returning to duty as a New York State trooper. 21 And I contacted my former student, 22 our magnificent superintendent Wayne Bennett, 23 who's in the gallery with us today. And 24 Superintendent Bennett up his cause, and 25 Matthew Swartz is back on duty.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Not only is he an athlete, a runner 2 who has participated in the Adirondack Sprint 3 5K run, which our Majority Leader is also a 4 runner -- he's a skier, an athlete, and a true 5 credit to the New York State Police. 6 He's going to New York City, along 7 with his superintendent and I would hope his 8 zone commander, if he can get the day off, 9 who's also with us in the gallery, Billy 10 Sprague, William Sprague of Troop G, Zone 3. 11 And Matthew, who prefers to be call Matt, has 12 been an absolute inspiration to everybody in 13 the New York State Police. And with him today 14 also is his lovely wife, Alison, who is in the 15 gallery. 16 This is a remarkable story and a 17 remarkable young man, who has really been an 18 inspiration to anybody who's received a 19 terrible handicap of losing a limb and 20 overcoming it and becoming even a better 21 person and a better trooper than he was 22 before. 23 Matthew, we're very proud of you, 24 and congratulations. And I offer this 25 resolution, incidentally, to the entire Senate

Candyco Transcription Service, Inc.

(518) 371-8910 1 for everybody that wishes to go on it. 2 THE PRESIDENT: All in favor of 3 the resolution please signify by saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The resolution is 8 adopted. 9 Anyone who wishes not to cosponsor 10 the resolution please notify the desk. 11 SENATOR FARLEY: Matthew, please 12 stand up so we can acknowledge you. 13 (Standing ovation.) 14 THE PRESIDENT: Senator Bruno. 15 SENATOR BRUNO: Madam President, 16 there is a resolution at the desk by Senator 17 Golden. We had previously adopted that 18 resolution. I would ask at this time that its 19 title be read. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: By Senator 23 Golden, Legislative Resolution Number 4709, 24 memorializing Governor George E. Pataki to 25 proclaim May 2006 as Autism Awareness Month in

Candyco Transcription Service, Inc.

(518) 371-8910 1 the State of New York. 2 THE PRESIDENT: Senator Golden. 3 SENATOR GOLDEN: Madam President, 4 I rise again today. Not only is this 5 Disability Awareness Day, but this is also 6 Autism Awareness Month. 7 And autism is a complex 8 developmental disability that typically 9 appears during the first three years of life. 10 And the earlier that we get to that child, the 11 better outcome for that child and that family. 12 The result of a neurological 13 disorder that affects the functioning of the 14 brain, autism impacts the normal development 15 of the brain in the areas of social 16 interaction and communication skill. Children 17 and adults with autism typically have 18 difficulties in verbal and nonverbal 19 communications, social interaction, and 20 leisure or play activities. 21 Autism knows no racial, ethnic or 22 social boundaries and is four times more 23 prevalent in boys than in girls. 24 Just a few short years ago, it was 25 one in 10,000; today, it's one in 166. It

Candyco Transcription Service, Inc.

(518) 371-8910 1 affects one child in every 166 children. This 2 is of epic proportion. 3 Shema Kolainu is a new school and 4 is the center of children with autism in 5 Brooklyn, and recognizing today as the 6 official day of celebrating Autism Awareness 7 Month. 8 Since its inception in 1998, Shema 9 Kolainu has evolved into a multifaceted 10 organization that provides comprehensive 11 services for parents and their preschool and 12 school-aged children with autism. 13 And when you see these children in 14 their communities and in their settings, and 15 then you see these children inside Shema 16 Kolainu in their school setting, they have 17 little conference rooms where you go behind 18 these glass -- where the kids can't see you. 19 And you see these children learning each and 20 every day as they grow and become positive 21 roles, working in our society, part of their 22 community and back part of their family. 23 And they work so hard in bringing 24 those kids and giving them the opportunity for 25 a life. They're implemented by caring,

Candyco Transcription Service, Inc.

(518) 371-8910 1 capable and highly trained staff. Shema 2 Kolainu strives to apply the most current 3 research and techniques available. Its goal 4 is to help the students successfully actualize 5 the utmost potential while allowing them to 6 participate in a normal home life and to be 7 part of their community. 8 The board of directors and the head 9 of Shema Kolainu is here today, and all of 10 their staff. 11 We applaud you for the great work 12 that you have been able to do in Brooklyn and 13 for the great successes that our children have 14 seen, not only in your school but in the 15 schools across this great state and across 16 this great nation. We have a tremendous 17 amount of work to do. 18 And there's disparities between the 19 money that you receive for one child and 20 another school receiving a different. That 21 shouldn't be there. Should be one stream of 22 funding for all children so that all children 23 can get the same successes. 24 So for awareness week, we applaud 25 you, Shema Kolainu. Thank you very, very much

Candyco Transcription Service, Inc.

(518) 371-8910 1 for being here and being part of this. 2 Thank you. 3 THE PRESIDENT: The resolution 4 was adopted on April 25, 2006. 5 Senator Bruno. 6 SENATOR BRUNO: Madam President, 7 I have a resolution at the desk. I would ask 8 at this time that it be read in its entirety 9 and move for its immediate adoption. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: By Senator Bruno, 13 Legislative Resolution Number 5349, 14 congratulating the Hoosick Falls High School 15 Girls Soccer Team and Coach Tom Husser upon 16 the occasion of capturing the 2005 New York 17 State Class C Championship. 18 "WHEREAS, Excellence and success in 19 competitive sports can be achieved only 20 through strenuous practice, team play and team 21 spirit, nurtured by dedicated coaching and 22 strategic planning; and 23 "WHEREAS, Athletic competition 24 enhances the moral and physical development of 25 the young people of this state, preparing them

Candyco Transcription Service, Inc.

(518) 371-8910 1 for the future by instilling in them the value 2 of teamwork, encouraging a standard of healthy 3 living, imparting a desire for success and 4 developing a sense of fair play and 5 competition; and 6 "WHEREAS, The 2005 New York State 7 Class C Champions, the Hoosick Falls High 8 School Girls Soccer Team finished with a 9 record of 22-2-1 and were also the 2005 10 New York State Scholar Athlete Team, New York 11 State Class C Regional Champions and 12 Section II Class C Champions; and 13 "WHEREAS, The athletic talent 14 displayed by this team is due in great part to 15 the efforts of Coach Tom Husser and his team 16 of outstanding assistant coaches, skilled and 17 inspirational tutors, respected for their 18 ability to develop potential into excellence; 19 and 20 "WHEREAS, The team's overall record 21 is outstanding, and the team members were 22 loyally and enthusiastically supported by 23 family, fans, friends and the community at 24 large; and 25 "WHEREAS, The hallmarks of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Hoosick Falls High School Girls Soccer Team, 2 from the opening game of the season to 3 participation in the championship, were a 4 sisterhood of athletic ability, of good 5 sportsmanship, of honor and of scholarship, 6 demonstrating that these team players are 7 second to none; and 8 "WHEREAS, Athletically and 9 academically, the team members have proven 10 themselves to be an unbeatable combination of 11 talents, reflecting favorably on Hoosick Falls 12 High School; and 13 "WHEREAS, Coach Tom Husser and his 14 dedicated staff have done a superb job in 15 guiding, molding and inspiring the team 16 members toward their goals; and 17 "WHEREAS, Sports competition 18 instills the values of teamwork, pride and 19 accomplishment, and Coach Tom Husser and the 20 outstanding athletes on the Hoosick Falls High 21 School Girls Soccer Team have clearly made a 22 contribution to the spirit of excellence which 23 is a tradition of their school; now, 24 therefore, be it 25 "RESOLVED, That this Legislative

Candyco Transcription Service, Inc.

(518) 371-8910 1 Body pause in its deliberations to 2 congratulate the Hoosick Falls High School 3 Girls Soccer Team, its members -- Jen 4 McEachron, Brionna Whitman, Heidi Reece, Kaila 5 Matatt, Paula Brown, Angelica Martinez, Kerry 6 Gleason, Shauna Nolan, Meghan Pitt, Melissa 7 Martelle, Sarah Delurey, Sayde Whitman, Alex 8 Luke, Annie Mullen, Laura Bornt, Heather 9 Reece, Carly Pine, Shawnee Webster, Jackie 10 Kimball, and Becca Laporte -- Manager Greg 11 Fox, Assistant Coach Leo Surdam, and Coach Tom 12 Husser on their outstanding season and overall 13 team record; and be it further 14 "RESOLVED, That copies of this 15 resolution, suitably engrossed, be transmitted 16 to the Hoosick Falls High School Girls Soccer 17 Team and to Coach Tom Husser." 18 THE PRESIDENT: Senator Bruno. 19 SENATOR BRUNO: Thank you, Madam 20 President and colleagues. 21 We have the Class C soccer varsity 22 champions of New York State here with us in 23 the chamber. They happen to be from Hoosick 24 Falls, my district. Only the second time in 25 the history of the school do we have a state

Candyco Transcription Service, Inc.

(518) 371-8910 1 championship team -- both girls, which is 2 truly an outstanding accomplishment. 3 Tom Husser, you heard, as the 4 coach, his assistant Leo Surdam is here, and 5 Greg Fox. We really all want to just respect 6 and honor you on a great season, outstanding 7 accomplishment. 8 And Jen, Jen McEachron -- you up 9 there? Good for you -- posted the second 10 shutout. And Heidi Reece provided the game's 11 only goal. Where is Heidi? That is good 12 going. 13 The team scored 102 goals, gave up 14 only 14 in 25 games. But not only are they 15 accomplished athletically, but scholastically. 16 They are scholars, all of them, which is 17 really an accomplishment. 18 So congratulations. Three of the 19 players are All State players. So you make me 20 proud that you're in my district. 21 You make all of my colleagues proud 22 that you join us here with this resolution. 23 Our Lieutenant Governor from Rensselaer County 24 I know joins me and will speak well enough for 25 herself in welcoming you, congratulating you.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Your experience here as champions 2 holds you not just in good stead with what 3 you're doing now, but as you go forward in 4 life with your team spirit, working together, 5 developing the skills that you develop about 6 life in general will keep you winners for the 7 rest of your life. 8 Thanks for joining us. 9 Congratulations, and God bless you all. 10 THE PRESIDENT: Thank you, 11 Senator. 12 Does any other member wish to be 13 heard? 14 I'd be remiss if I didn't 15 congratulate you. As a lifelong resident of 16 Rensselaer County, I see some familiar faces 17 up there. 18 You know, when I was your age, 19 young women were not playing organized sports. 20 To see what you're doing is so wonderful for 21 me to see. I know that the qualities that 22 have made you successful in sports are going 23 to go a long way along with the road with you 24 to make you successful every step of the way. 25 On the resolution, all those in

Candyco Transcription Service, Inc.

(518) 371-8910 1 favor please signify by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The resolution is 6 adopted. 7 Congratulations. Let's stand so 8 that we can acknowledge you. 9 (Applause.) 10 SENATOR BRUNO: Mr. President. 11 ACTING PRESIDENT MORAHAN: 12 Senator Bruno. 13 SENATOR BRUNO: I believe there's 14 a resolution at the desk by Senator Libous. I 15 would ask that it be read in its entirety and 16 move for its immediate adoption. 17 ACTING PRESIDENT MORAHAN: The 18 Secretary will read. 19 THE SECRETARY: By Senator 20 Libous, Legislative Resolution Number 5429, 21 honoring three Newark Valley High School 22 students for their heroic and lifesaving 23 efforts on March 6, 2006. 24 "WHEREAS, It is the sense of this 25 Legislative Body to recognize and commend the

Candyco Transcription Service, Inc.

(518) 371-8910 1 caring concern and heroic acts of those young 2 people from the State of New York who take 3 prompt and appropriate action in emergency 4 situations; and 5 "WHEREAS, Attendant to such 6 concern, and in full accord with its 7 long-standing traditions, this Legislative 8 Body is justly proud to honor Jackie 9 Celiberti, Julie Corson and Samantha Lindquist 10 for their heroic and lifesaving efforts on 11 March 6, 2006; and 12 "WHEREAS, A 15-year-old student, 13 Julie Corson sprang into action when she saw 14 that her school bus driver lost consciousness 15 and the bus began to veer off the road. 16 Sitting behind the driver, she leaped forward 17 and pushed his foot off of the gas pedal 18 before using her hands to push the brake pedal 19 down, averting disaster for the other students 20 on board the bus; and 21 "WHEREAS, At the same time, 22 16-year-old students Jackie Celiberti and 23 Samantha Lindquist rushed to help the bus 24 driver, holding him while trying to keep him 25 calm as he slipped in and out of

Candyco Transcription Service, Inc.

(518) 371-8910 1 consciousness; and 2 "WHEREAS, Exemplifying the best 3 potential which is inherent in our most 4 precious resource, our youth, Jackie 5 Celiberti, Julie Corson and Samantha Lindquist 6 have brought enduring honor to their families 7 and community with their quick-thinking 8 reaction during an emergency situation; and 9 "WHEREAS, Through their spontaneous 10 and heroic actions, Jackie Celiberti, Julie 11 Corson and Samantha Lindquist demonstrated 12 their character and compassion for the welfare 13 of others, personifying the collective concern 14 of ordinary citizens across the community of 15 the State of New York who voluntarily respond 16 when others are in need of help; now, 17 therefore, be it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to honor 20 Jackie Celiberti, Julie Corson and Samantha 21 Lindquist for their heroic and lifesaving 22 efforts on March 6, 2006, and commend them for 23 their consummate courage and bravery which 24 serves as an inspiration to us all; and be it 25 further

Candyco Transcription Service, Inc.

(518) 371-8910 1 "RESOLVED, That copies of this 2 resolution, suitably engrossed, be transmitted 3 to Jackie Celiberti, Julie Corson and Samantha 4 Lindquist." 5 ACTING PRESIDENT MORAHAN: 6 Senator Libous. 7 SENATOR LIBOUS: Thank you, 8 Mr. President and my colleagues. It is indeed 9 an honor for me to rise and honor these three 10 outstanding young ladies. 11 They were on a school bus with 20 12 of their colleagues when the school bus driver 13 slumped in his seat, the school bus went off 14 the road, went toward a mailbox, went over a 15 mailbox and was headed toward a building. 16 Julie took first action, went to 17 the front of the bus, pulled the driver's leg 18 off the accelerator, and then, with her hands, 19 literally pushed the brake to slow and 20 eventually stop the bus. 21 Her colleagues, Jackie and 22 Samantha, at the same time had rushed to the 23 aid of the school bus driver, Mr. Ken Card, 24 and tried to make him comfortable. But at 25 that point in time it was evident to them that

Candyco Transcription Service, Inc.

(518) 371-8910 1 he was suffering from a severe heart attack. 2 There were 20 other young people on 3 the bus. Those 20 kids were upset, some of 4 them were screaming and crying, and these 5 three young heroes took control. After 6 stopping the bus and trying to help the 7 driver, they calmed down the rest of the kids 8 and then radioed the station, asked for an 9 ambulance to come to their aid and another bus 10 to come out. 11 Mr. President, to sit and speak to 12 these three young ladies, these three young 13 heroes, and have them tell you the story is 14 quite dramatic and traumatic, as they will 15 show tears in their eyes because they were 16 very fond of Mr. Card, who passed away, who 17 was their bus driver. As they shared with me, 18 he was a friendly man, he was a generous man, 19 he was someone they enjoyed seeing every 20 morning. And it was certainly difficult for 21 them to endure this. But they saved the lives 22 of 20 other young people on that bus. 23 And the other thing they shared 24 with me when I asked them "What made you jump 25 to action so quickly and handle this

Candyco Transcription Service, Inc.

(518) 371-8910 1 situation?" they said, "We were trained. 2 Twice a year, we are trained by the driver and 3 others how to react in a situation." And 4 these three young ladies, these three heroes 5 responded as they were supposed to. 6 It is indeed an honor for me to 7 stand before you today and give them special 8 recognition, to salute them. They are here 9 with their parents. And I want to recognize 10 Julie is here with her parents, Joyce and 11 Donald. Jackie is here with her parents, Mike 12 and Cathy. Samantha is here with her mom, 13 Stephanie; her grandmother, Barbara. 14 We also have Meg Grant, who is the 15 Newark Valley superintendent, and Ron Finch, 16 the assistant superintendent, and Nelissa 17 Jenson, who is the transportation supervisor. 18 My colleagues, please join me in 19 saluting these three young heroes. 20 (Standing ovation.) 21 SENATOR SALAND: Mr. President. 22 ACTING PRESIDENT MORAHAN: 23 Senator Saland. 24 SENATOR SALAND: May I be heard 25 on the resolution as well, please.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MORAHAN: You 2 certainly can be heard. 3 SENATOR SALAND: I cannot profess 4 to know these three young ladies nor their 5 families and those who have joined with them 6 here, but I would like to commend Senator 7 Libous for bringing their acts of courage and 8 bravery to our attention. 9 As the chairman of the Senate 10 Education Committee, far too often we learn of 11 incidents, however representative or 12 unrepresentative they may be, of misdeeds of 13 young people. In this case, this is just a 14 sterling example of not merely bravery but of 15 character, of concern, of a desire not merely 16 to take care of oneself but a desire to help 17 those who are classmates, friends and those 18 who you share your lives with, in an 19 extraordinary act of heroism, cool and calm, 20 apparently, under the greatest of pressure. 21 So I'd like to share in the pride 22 that this body has in commending you today and 23 again thank Senator Libous for bringing this 24 not only to our attention but to the attention 25 of the greater public at large.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you. Congratulations to you. 2 May God bless you. 3 ACTING PRESIDENT MORAHAN: Thank 4 you, Senator Saland. 5 We welcome the young ladies here to 6 the chamber. We commend you for your fast 7 thinking, your quick reactions, and for saving 8 the children and protecting the lives of your 9 colleagues. Thank you very much. 10 Senator Skelos. 11 SENATOR SKELOS: Would you open 12 the resolution for cosponsorship, please. 13 ACTING PRESIDENT MORAHAN: The 14 resolution will be open for sponsorship. All 15 those who care not to sponsor the resolution, 16 please notify the desk. 17 On the resolution, all in favor say 18 aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT MORAHAN: Nay? 21 (No response.) 22 ACTING PRESIDENT MORAHAN: The 23 resolution is adopted. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

Candyco Transcription Service, Inc.

(518) 371-8910 1 there's a resolution at the desk, 5484, by 2 Senator Balboni. If we could have the title 3 read, move for its immediate adoption, and 4 open it up for cosponsorship. 5 ACTING PRESIDENT MORAHAN: The 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Balboni, Legislative Resolution Number 5484, 9 memorializing Governor George E. Pataki to 10 declare May 21-27, 2006, as Hurricane 11 Preparedness and Awareness Week in the State 12 of New York. 13 ACTING PRESIDENT MORAHAN: 14 Senator Balboni. 15 SENATOR BALBONI: Mr. President, 16 very briefly on this resolution. 17 Senator Libous talked about these 18 fine individuals being able to respond because 19 they were prepared. That's the message in 20 this resolution. 21 This is the first hurricane season 22 after Katrina. Nationally, people focused on 23 this. The Red Cross just released a report 24 indicating that New Yorkers are less prepared 25 than they think they are.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And it's just an opportunity to say 2 to everybody, you know what, take care of your 3 families. Make sure you've got the right 4 stuff in your house, make sure you know how to 5 evacuate if you need to. And let's pay 6 attention when the warnings come across. And 7 we can all do something to protect ourselves 8 all throughout the state. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MORAHAN: Thank 11 you, Senator Balboni. 12 On the resolution, all those in 13 favor say aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MORAHAN: Nay? 16 (No response.) 17 ACTING PRESIDENT MORAHAN: The 18 resolution is adopted. 19 The resolution is open for 20 cosponsorship. Any member who does not wish 21 to cosponsor the resolution please notify the 22 desk. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 there's a resolution at the desk by Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Sampson, 5493. If we could have the title 2 read, move for its immediate adoption, and 3 open it up for cosponsorship. 4 ACTING PRESIDENT MORAHAN: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 Sampson, Legislative Resolution Number 5493, 8 memorializing Governor George E. Pataki to 9 proclaim June 5, 2006, as HIV and AIDS 10 Remembrance Day in the State of New York. 11 ACTING PRESIDENT MORAHAN: On the 12 resolution, all in favor say aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT MORAHAN: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT MORAHAN: The 18 resolution is adopted. 19 And the resolution will be at the 20 desk, open for sponsorship. Those who do not 21 care to sponsor it will notify the desk. 22 SENATOR SKELOS: Mr. President. 23 ACTING PRESIDENT MORAHAN: 24 Senator Skelos. 25 SENATOR SKELOS: Would you please

Candyco Transcription Service, Inc.

(518) 371-8910 1 recognize Senator Parker. He'd like to 2 comment on Resolution 5478, which was adopted. 3 ACTING PRESIDENT MORAHAN: 4 Senator Parker. 5 SENATOR PARKER: I have a 6 resolution at the desk. And this resolution 7 memorializes the life of Katherine Dunham, who 8 died at the age of 96 this past Sunday. 9 Katherine Dunham was a legendary 10 dancer, choreographer, teacher and an 11 anthropologist. Her work is a pioneering work 12 on black history and black culture. She is 13 somebody who has, when I say expanded the 14 breadth and the scope and the depth of 15 particularly the black aesthetic form in the 16 United States and around the world, that's 17 really just to scratch at the surface of what 18 she did. 19 She ran inner-city cultural 20 programs in Haiti, spent a great deal of time 21 in Haiti. While she was there, she became 22 what's called a "mambo," commonly known more 23 as a priestess of voodoo, both in a way of 24 kind of understanding the culture of both not 25 just the world, the African world, not just in

Candyco Transcription Service, Inc.

(518) 371-8910 1 Africa but in the Caribbean and in the United 2 States. 3 From 1930 to 1960, she toured 57 4 countries in over six continents, performing 5 dances, giving demonstrations and really just 6 exposing the world to black history and black 7 culture, sometimes for the very first time, in 8 a real artistic way. 9 And she battled, as you can 10 imagine, in the 1930s, 1940s, 1950s, 1960s, 11 battled racial discrimination around the 12 country, from the Deep South to Broadway, many 13 times refusing to perform in the South in 14 racially discriminated places, theaters and 15 other venues. 16 And on Broadway, she really brought 17 some things to Broadway that had never been 18 seen before, most specifically Verdi's "Aida," 19 she did an interpretation of that that was 20 very -- described by the New York Times as 21 "lusty," some of us may just call it 22 passionate. But it was really a breakthrough 23 in terms of bringing to mainstream audiences 24 around the world black history and black 25 culture.

Candyco Transcription Service, Inc.

(518) 371-8910 1 What she said is that -- and this 2 is kind of a famous quote for her -- that "We 3 weren't pushing black is beautiful, we were 4 just showing it." And that idea of showing 5 that the history, the culture, the art and the 6 aesthetic expression of people of African 7 descent was in fact beautiful. 8 She made headlines in 1992 by going 9 on a 47-day hunger strike protesting the U.S. 10 policy on repatriating Haitian refugees. And 11 in fact she had spoken about, at that point in 12 her life, being embarrassed to be a United 13 States citizen because of the way we were 14 treating these refugees. 15 She was honored by many. She 16 received over ten honorary doctorates. She 17 received the President's Medal of Honor of 18 Arts. She received the Albert Schweitzer 19 prize at the Kennedy Center Honors. She was a 20 member of the French Legion of Honor as well 21 as received many honors from both Brazil and 22 Haiti. 23 And I just wanted to take an 24 opportunity to talk about her, because her 25 contribution really meant a lot and people

Candyco Transcription Service, Inc.

(518) 371-8910 1 like myself wouldn't have an opportunity to 2 stand on the floor of the New York State 3 Senate and talk to you today if it wasn't for 4 pioneers like Katherine Dunham. 5 She also developed her own 6 technique, called the "Dunham Technique," 7 that's now being taught around the world, not 8 just in New York but in Brazil, in Cuba, in 9 Haiti, in Africa. 10 And her contributions to not just 11 the world of dance and the world of 12 performance, not to just black history and 13 Caribbean history, but to American culture and 14 American history should not be forgotten. 15 And I'd like to have this 16 resolution opened up for cosponsorship by all 17 the members. Thank you very much. 18 ACTING PRESIDENT MORAHAN: Thank 19 you, Senator Parker. 20 The resolution will be opened up to 21 all members for cosponsorship. Those who do 22 not want to cosponsor will notify the desk. 23 The resolution was previously 24 adopted. 25 Senator Skelos.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we could go to the noncontroversial reading 3 of the calendar. 4 ACTING PRESIDENT MORAHAN: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 359, substituted earlier today by Member of 8 the Assembly Aubry, Assembly Print Number 9 4982A, an act to amend the Correction Law. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 443, by Senator Morahan, Senate Print 6909C, 24 an act to amend the General Business Law. 25 ACTING PRESIDENT MORAHAN: Read

Candyco Transcription Service, Inc.

(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, 61. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 484, substituted earlier today by Member of 14 the Assembly Gunther, Assembly Print Number 15 9295, an act in relation to transportation 16 contracts. 17 ACTING PRESIDENT MORAHAN: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MORAHAN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MORAHAN: 25 Announce the results.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT MORAHAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 539, by Senator Larkin, Senate Print 4018, an 6 act to amend the Real Property Tax Law. 7 ACTING PRESIDENT MORAHAN: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MORAHAN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MORAHAN: 15 Announce the results. 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT MORAHAN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 637, by Senator Seward, Senate Print 123, an 21 act to amend the Criminal Procedure Law. 22 ACTING PRESIDENT MORAHAN: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 90th day.

Candyco Transcription Service, Inc.

(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: Those recorded in 7 the negative on Calendar Number 637 are 8 Senators Duane, L. Krueger, and Montgomery. 9 Ayes, 58. Nays, 3. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 698, by Senator Morahan, Senate Print 3091B, 14 an act to amend the Banking Law. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT MORAHAN: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 749, substituted earlier today by Member of 4 the Assembly John, Assembly Print Number 5 10694A, an act to amend the Labor Law. 6 ACTING PRESIDENT MORAHAN: There 7 is a local fiscal impact note at the desk. 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 60th day. 11 ACTING PRESIDENT MORAHAN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MORAHAN: 15 Announce the results. 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT MORAHAN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 755, by Senator Flanagan, Senate Print 2825A, 21 an act to amend the Executive Law and others. 22 ACTING PRESIDENT MORAHAN: Read 23 the last section. 24 THE SECRETARY: Section 7. This 25 act shall take effect January 1, 2007.

Candyco Transcription Service, Inc.

(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, 61. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 803, by Senator Marchi, Senate Print 1945, an 11 act to amend the Public Authorities Law. 12 ACTING PRESIDENT MORAHAN: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MORAHAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT MORAHAN: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 812, by Senator Libous, Senate Print 6425A, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act to amend the Highway Law. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 3. 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: Ayes, 61. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 822, by Senator Robach, Senate Print 1906 -- 16 SENATOR SKELOS: Lay it aside for 17 the day, please. 18 ACTING PRESIDENT MORAHAN: The 19 bill is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 846, by Senator Little, Senate Print 1183B, an 22 act to amend Chapter 30 of the Laws of 1985, 23 relating to persons who may practice. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 928, by Senator Robach, Senate Print 7387, an 13 act to amend the Civil Service Law. 14 ACTING PRESIDENT MORAHAN: Read 15 the last section. 16 THE SECRETARY: Section 7. This 17 act shall take effect on the 90th day. 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, 61. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 931, substituted earlier today by Member of 3 the Assembly Rivera, Assembly Print Number 4 9928A, an act to amend the Civil Service Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 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, 61. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 933, by Senator Golden, Senate Print 7442, an 19 act to allow members of the Board of 20 Education. 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

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 974, by Senator Volker, Senate Print 6944A, an 10 act to legalize, validate, ratify and confirm. 11 ACTING PRESIDENT MORAHAN: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MORAHAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT MORAHAN: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 982, by Senator Balboni, Senate Print 7266, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act to authorize. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 2. 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: Ayes, 59. Nays, 12 2. Senators Bonacic and Rath recorded in the 13 negative. 14 ACTING PRESIDENT MORAHAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 983, by Senator Little, Senate Print 7274A, an 18 act to amend the Town Law. 19 ACTING PRESIDENT MORAHAN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT MORAHAN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 985, by Senator Fuschillo, Senate Print 7555, 8 an act authorizing the assessor of the village 9 of Freeport. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 59. Nays, 20 2. Senators Bonacic and Rath recorded in the 21 negative. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1002, by Senator Marcellino, Senate Print

Candyco Transcription Service, Inc.

(518) 371-8910 1 6737A, an act to amend Chapter 672 of the Laws 2 of 1993. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 2. 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 Announce the results. 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1015, by Senator Seward, Senate Print 7602, an 17 act to amend the Insurance Law. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1061, substituted earlier today by the 7 Assembly Committee on Rules, Assembly Print 8 Number 8887A, an act to amend Chapter 824 of 9 the Laws of 1968. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1076, by Senator Little, Senate Print 7750, an 24 act to amend the Civil Service Law. 25 ACTING PRESIDENT MORAHAN: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 4. 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, 61. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1080, by Senator Spano, Senate Print 7800, an 14 act to amend the Retirement and Social 15 Security Law. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 2. 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, 61.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1099, by Senator Saland, Senate Print 6871, an 5 act to amend the Criminal Procedure Law. 6 ACTING PRESIDENT MORAHAN: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the 30th day. 10 ACTING PRESIDENT MORAHAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT MORAHAN: 14 Announce the results. 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT MORAHAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1108, by Senator Saland, Senate Print 5644A, 20 an act to amend Chapter 524 of the Laws of 21 1987. 22 ACTING PRESIDENT MORAHAN: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(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, 61. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1113, by Senator Farley, Senate Print 7385A, 11 an act to authorize the City of Amsterdam. 12 ACTING PRESIDENT MORAHAN: 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 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, 61. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1123, by Senator Golden, Senate Print 1821, an 2 act to amend the Education Law. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of April. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MORAHAN: 11 Announce the results. 12 THE SECRETARY: Ayes, 60. Nays, 13 1. Senator Duane recorded in the negative. 14 ACTING PRESIDENT MORAHAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1125, by Senator Marcellino, Senate Print 18 3114A, an act to amend the Education Law and 19 others. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 16. This 23 act shall take effect two years after the date 24 on which it shall have become a law. 25 ACTING PRESIDENT MORAHAN: Call

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1128, by Senator Seward, Senate Print 4971, an 10 act to amend the Education Law. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 60. Nays, 21 1. Senator Duane recorded in the negative. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1129, by Senator Young, Senate Print 5509, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act to amend the Education Law. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Senator Montgomery, to explain your vote. 11 SENATOR MONTGOMERY: Yes, thank 12 you, Mr. President. 13 I am not going to continue to 14 oppose this legislation. However, I would 15 hope that there is a very, very specific 16 requirement that SED notify people who are 17 renewing their licenses, or seeking to receive 18 a license, that this information will be given 19 over to HESC, Higher Education Services 20 Corporation. 21 And I might add that this is 22 obviously going to be a growing problem, 23 because people are graduating from college 24 with very, very extensive debt. And to a 25 large extent I know that in New York State

Candyco Transcription Service, Inc.

(518) 371-8910 1 some of this debt is secured by HESC. And 2 while we do want to collect it, we certainly 3 don't want to penalize people for trying to be 4 able to work to pay it back. 5 So with that, I'm going to support 6 this legislation. 7 ACTING PRESIDENT MORAHAN: Thank 8 you, Senator Montgomery. You will be recorded 9 in the affirmative. 10 Announce the results. 11 THE SECRETARY: Ayes, 60. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1138, by Senator Larkin, Senate Print 3577, an 17 act to amend the Judiciary 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 April. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1145, substituted earlier today by Member of 7 the Assembly Lopez, Assembly Print Number 8 9656, an act to amend the Real Property Law. 9 ACTING PRESIDENT MORAHAN: Read 10 the last section. 11 THE SECRETARY: Section 2. 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, 61. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1150, by Senator Marcellino, Senate Print 23 6738, an act to amend the Tax Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 Senator Duane, to explain his vote. 9 SENATOR DUANE: Thank you, 10 Mr. President. 11 ACTING PRESIDENT MORAHAN: You're 12 welcome. 13 SENATOR DUANE: I'm going to vote 14 for this legislation, which states the 15 provisions of the Structured Settlement 16 Protection Act shall apply to assignees of 17 lottery prize winners who assign winnings for 18 lump sum payments. 19 I can't help, however, to point out 20 that the lottery can often be abused to the 21 point of someone developing an addiction to 22 gambling. And gambling addiction in general 23 in New York State is a very serious issue, and 24 it has and continues to ruin countless 25 New York families.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Obviously, if a New Yorker doesn't 2 have insurance covering mental health, they 3 can't get the counseling needed nor can the 4 families of gambling addicts get the help that 5 they need. 6 So here we are, the last week in 7 May, and still no Timothy's Law. And so those 8 who are addicted to gambling and can't pay for 9 services to help them with that, or their 10 families can't pay for their services, fall 11 deeper into the morass that gambling can 12 cause. 13 So it's wrong that we haven't 14 passed Timothy's Law, because then we would be 15 able to make sure that all families indeed all 16 people in the State of New York will the 17 mental health services that they need. 18 So I'll be voting yes on this, 19 Mr. President, but I hope that this month 20 doesn't end without our passing Timothy's Law. 21 Thank you. 22 ACTING PRESIDENT MORAHAN: Thank 23 you, Senator Duane. You will be recorded in 24 the affirmative. 25 Announce the results.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 60. Nays, 2 1. Senator Padavan recorded in the negative. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1151, by Senator Larkin, Senate Print 7418, an 7 act to amend the Racing, Pari-Mutuel Wagering 8 and Breeding Law. 9 ACTING PRESIDENT MORAHAN: Read 10 the last section. 11 THE SECRETARY: Section 2. 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, 61. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1153, by Senator Maziarz, Senate Print 7705, 23 an act to amend the General Municipal Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 SENATOR MONTGOMERY: Mr. 7 President. 8 ACTING PRESIDENT MORAHAN: 9 Senator Montgomery, to explain her vote. 10 SENATOR MONTGOMERY: Yes, 11 Mr. President, to explain my vote. 12 I'm not opposing this legislation. 13 However, I would like to say that we are now 14 establishing a new type of bingo game called 15 the bonus ball bingo. And we already allow 16 for the game of bingo to be played across this 17 state, in every locality, and people use that 18 very often to raise funds, including some 19 churches and not-for-profits and et cetera. 20 And just this past week -- last 21 week, I believe, here in Albany or in Troy or 22 Schenectady, Father Young -- who comes and 23 opens our sessions many, many days when we are 24 here, with a prayer -- his program was a bingo 25 game, that consisted of a bingo game, where he

Candyco Transcription Service, Inc.

(518) 371-8910 1 was able to raise a little funding to support 2 the programs that he runs -- and many of us in 3 this room, if I dare not say all of us, 4 support the work that he does. Certainly 5 otherwise we wouldn't allow him to come and 6 pray for us very often in here. His program 7 was shut down, his bingo game. And the only 8 reason was that he had some people 9 volunteering to help run the bingo game who 10 were formerly incarcerated. 11 Now, obviously if that is in law, I 12 think it is important for us to review that, 13 because we should not be, while expanding this 14 bingo program that we believe in to the point 15 where we are going to make it bigger, expand 16 it and make a new one, that we're shutting 17 down a source of income for one of the very 18 important not-for-profit organizations that's 19 run by Father Peter Young. 20 So, Mr. President, I'm not opposing 21 this bill, but I am speaking out for the 22 injustice that has been done to Father Peter 23 Young's program. And I hope that my 24 colleagues in this chamber will be able to 25 correct that before we end our session.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT MORAHAN: Thank 3 you, Senator Montgomery. You will be recorded 4 in the affirmative. 5 Announce the results. 6 THE SECRETARY: Ayes, 59. Nays, 7 2. Senators Duane and Padavan recorded in the 8 negative. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1193, substituted earlier today by Member of 13 the Assembly Pheffer, Assembly Print Number 14 8456B, an act to amend the General Business 15 Law. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 180th day. 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, 61.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1215, by Senator M. Smith, Senate Print 4952B, 5 an act to amend the Penal Law. 6 ACTING PRESIDENT MORAHAN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MORAHAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT MORAHAN: 14 Announce the results. 15 THE SECRETARY: Ayes, 60. Nays, 16 1. Senator Duane recorded in the negative. 17 ACTING PRESIDENT MORAHAN: The 18 bill is passed. 19 Senator Skelos, that completes the 20 noncontroversial reading of the calendar. 21 SENATOR SKELOS: Thank you, 22 Mr. President. I believe we're finished with 23 the calendar. 24 And is there any further business 25 at the desk?

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Yes, 2 sir. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Thank you, 5 Mr. President. 6 On behalf of Senator Alesi, on page 7 number 59 I offer the following amendments to 8 Calendar Number 1097, Senate Print Number 9 5000, and ask that said bill retain its place 10 on 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 FUSCHILLO: Mr. 16 President. 17 ACTING PRESIDENT MORAHAN: Yes, 18 Senator Fuschillo. 19 SENATOR FUSCHILLO: On behalf of 20 Senator Skelos, on page number 50 I offer the 21 following amendments to Calendar Number 978, 22 Senate Print Number 7180A, and ask that said 23 bill retain its place on Third Reading 24 Calendar. 25 ACTING PRESIDENT MORAHAN: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 amendments are received, and the bill will 2 retain its place on the Third Reading 3 Calendar. 4 SENATOR FUSCHILLO: Mr. 5 President. 6 ACTING PRESIDENT MORAHAN: 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: On behalf of 9 Senator Skelos, on page number 34 I offer the 10 following amendments to Calendar Number 729, 11 Senate Print Number 7171A, and ask that said 12 bill retain its place on Third Reading 13 Calendar. 14 ACTING PRESIDENT MORAHAN: The 15 amendments are received, and the bill will 16 retain its place on the Third Reading 17 Calendar. 18 That's it, Senator Skelos. 19 SENATOR SKELOS: Thank you, 20 Mr. President. 21 There being no further business to 22 come before the Senate, I move we stand 23 adjourned until Wednesday, May 24th, at 24 11:00 a.m. 25 ACTING PRESIDENT MORAHAN: On

Candyco Transcription Service, Inc.

(518) 371-8910 1 motion, the Senate stands adjourned until 2 May 24th, 11:00 a.m. 3 (Whereupon, at 4:18 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910