Monday, June 5, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 5, 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: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Sunday, June 4, the Senate met pursuant to 18 adjournment. The Journal of Saturday, June 3, 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 Farley. 8 SENATOR FARLEY: Thank you, Madam 9 President. 10 On behalf of Senator Golden, on 11 page 67 I offer the following amendments to 12 Calendar 934, Senate Print 7503, and I ask 13 that this bill retain its place on the Third 14 Reading Calendar. 15 THE PRESIDENT: The amendments 16 are received, and the bill will retain its 17 place on the Third Reading Calendar. 18 SENATOR FARLEY: Madam President, 19 on behalf of Senator Little, I wish to call up 20 her bill, Print Number 6387A, which was 21 recalled from the Assembly and it's now at the 22 desk. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 340, by Senator Little, Senate Print 6387A, an 2 act to amend the Tax Law. 3 SENATOR FARLEY: Madam President, 4 I now move to reconsider the vote by which 5 this bill passed. 6 THE PRESIDENT: The Secretary 7 will call the roll upon reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 43. 10 SENATOR FARLEY: I now offer the 11 following amendments. 12 THE PRESIDENT: The amendments 13 are received. 14 SENATOR FARLEY: On behalf of 15 Senator Little again, I wish to call up her 16 bill, Print 6388B, which was recalled from the 17 Assembly, which is now at the desk. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: Calendar Number 21 341, by Senator Little, Senate Print 6388B, an 22 act to amend the Tax Law. 23 SENATOR FARLEY: Madam President, 24 I now move to reconsider the vote by which 25 this bill passed.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will call the roll upon reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 43. 5 SENATOR FARLEY: I now offer the 6 following amendments. 7 THE PRESIDENT: The amendments 8 are received. 9 SENATOR FARLEY: On behalf of 10 Senator Winner, Madam President, I wish to 11 call up his bill, 6448A, recalled from the 12 Assembly, and it's now at your desk. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 342, by Senator Winner, Senate Print 6448A, an 17 act to amend Chapter 365 of the Laws of 2005. 18 SENATOR FARLEY: Madam President, 19 I now move to reconsider the vote by which 20 this bill passed. 21 THE PRESIDENT: The Secretary 22 will call the roll upon reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 43. 25 SENATOR FARLEY: I now offer the

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(518) 371-8910 1 following amendments. 2 THE PRESIDENT: The amendments 3 are received. 4 SENATOR FARLEY: Madam President, 5 on behalf of Senator Balboni, I wish to call 6 up his bill, Print Number 6913, recalled from 7 the Assembly, and it's now at the desk. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Calendar Number 11 468, by Senator Balboni, Senate Print 6913, an 12 act to amend the Executive Law. 13 SENATOR FARLEY: I now move to 14 reconsider the vote by which this bill passed. 15 THE PRESIDENT: The Secretary 16 will call the roll upon reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 43. 19 SENATOR FARLEY: Madam President, 20 I now offer the following amendments. 21 THE PRESIDENT: The amendments 22 are received. 23 SENATOR FARLEY: On behalf of 24 Senator Nozzolio, I wish to call up his bill, 25 6647, which was recalled from the Assembly and

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(518) 371-8910 1 it's now at the desk. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Calendar Number 5 1063, by Senator Nozzolio, Senate Print 6647, 6 an act to amend the Highway Law. 7 SENATOR FARLEY: Madam President, 8 I now move to reconsider the vote by which 9 this bill passed. 10 THE PRESIDENT: The Secretary 11 will call the roll upon reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 43. 14 SENATOR FARLEY: I now offer the 15 following amendments. 16 THE PRESIDENT: The amendments 17 are received. 18 SENATOR FARLEY: On behalf of 19 Senator Balboni, Madam President, I wish to 20 call up his bill, 6822, which was recalled 21 from the Assembly and it's now at the desk. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 1003, by Senator Balboni, Senate Print 6822,

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(518) 371-8910 1 an act to amend the Waterfront Commission Act. 2 SENATOR FARLEY: Madam President, 3 I now move to reconsider the vote by which 4 this bill passed. 5 THE PRESIDENT: The Secretary 6 will call the roll upon reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 44. 9 SENATOR FARLEY: I now offer the 10 following amendments. 11 THE PRESIDENT: The amendments 12 are received. 13 SENATOR FARLEY: That's it. 14 THE PRESIDENT: Senator Skelos. 15 SENATOR SKELOS: Madam President, 16 I believe there are substitutions at the desk, 17 if we could make them at this time. 18 THE PRESIDENT: There are, 19 Senator Skelos. 20 The Secretary will read. 21 THE SECRETARY: On page 43, 22 Senator Maziarz moves to discharge, from the 23 Committee on Labor, Assembly Bill Number 4397 24 and substitute it for the identical Senate 25 Bill Number 4946, Third Reading Calendar 429.

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(518) 371-8910 1 On page 77, Senator Morahan moves 2 to discharge, from the Committee on Local 3 Government, Assembly Bill Number 8697A and 4 substitute it for the identical Senate Bill 5 Number 5734A, Third Reading Calendar 1109. 6 On page 91, Senator Meier moves to 7 discharge, from the Committee on Social 8 Services, Children and Families, Assembly Bill 9 Number 8652A and substitute it for the 10 identical Senate Bill Number 5754B, Third 11 Reading Calendar 1264. 12 And on page 95, Senator DeFrancisco 13 moves to discharge, from the Committee on 14 Finance, Assembly Bill Number 11223 and 15 substitute it for the identical Senate Bill 16 Number 7867, Third Reading Calendar 1308. 17 THE PRESIDENT: Substitutions 18 ordered. 19 Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 there's a Resolution 5526 at the desk by 22 Senator Maziarz. If we could have the title 23 read and move for its immediate adoption. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Maziarz, Legislative Resolution Number 5526, 3 commending Tyler Hasstings upon the occasion 4 of receiving Honorable Mention in the 2006 5 Essay Contest of the Disabilities Awareness 6 Program sponsored by the New York State 7 Commission on Quality of Care and Advocacy for 8 Persons with Disabilities. 9 THE PRESIDENT: All in favor 10 please signify by saying aye. 11 (Response of "Aye.") 12 THE PRESIDENT: Opposed, nay. 13 (No response.) 14 THE PRESIDENT: The resolution is 15 adopted. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 there's a Resolution 5584, by Senator Maziarz, 19 at the desk. If we could have the title read 20 and move for its immediate adoption. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Maziarz, Legislative Resolution Number 5584, 25 honoring Chief Thomas J. Roche upon the

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(518) 371-8910 1 occasion of his retirement from the Gates 2 Police Department. 3 THE PRESIDENT: All in favor of 4 the resolution please signify by saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The resolution is 9 adopted. 10 Senator Skelos. 11 SENATOR SKELOS: Madam President, 12 there's a resolution at the desk by Senator 13 Bonacic. If we could have it read in its 14 entirety and move for its immediate adoption. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: By Senator 18 Bonacic, legislative resolution commending the 19 Valedictorians, Salutatorians and Honored 20 Students of the 42nd Senate District, in 21 recognition of their outstanding 22 accomplishments, at a celebration to be held 23 at the State Capitol on June 5, 2006. 24 "WHEREAS, It is the sense of this 25 Legislative Body to act, in accord with its

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(518) 371-8910 1 long-standing traditions, to honor the youth 2 of today, the leaders of tomorrow, whose 3 character and achievements exemplify the 4 ideals and values cherished by this great 5 state and nation; and 6 "WHEREAS, This Legislative Body is 7 justly proud to recognize and commend the high 8 achievements of these dedicated students in 9 the 42nd Senate District on the occasion of a 10 special celebratory visit to the State Capitol 11 in Albany, New York, on Monday, June 5, 2006. 12 At this time the Valedictorians, 13 Salutatorians, and Honored Students who have 14 been selected by their school leadership for 15 outstanding community service will receive 16 special recognition from the Senate in the 17 Senate Chamber. Lunch will be served on the 18 third-floor Terrace of the Legislative Office 19 Building, followed by a tour of the State 20 Capitol; and 21 "WHEREAS, These Valedictorians, 22 Salutatorians and Honored Students represent 23 the best of developed potential inherent in 24 our most precious resource, our youth. Their 25 achievements have brought enduring honor to

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(518) 371-8910 1 their families and communities and should be 2 recognized and saluted; and 3 "WHEREAS, The Valedictorians who 4 are being commended today for their 5 outstanding academic performances and 6 exemplary achievements include: Adam Barrett, 7 Megan Lesperence, Kathleen Kline, Jolene 8 Dechow, Kyle Anthony, Richelle Blauvelt, Brody 9 Ehrlich, Francesca Bevilacqua, Melissa 10 Gardner, Michael Parry, Julia Perzley, Erin 11 Slaver, Caroline Price, Claire Cella, Joseph 12 Palazzo, Jon Tveit, Christina Makram, John 13 Garry, Gina Fullam, Emily Cole, Carl Davidson, 14 Jessica Koonz, Angela Niforatos, Kristina 15 Perazone, Kelli Huggins, Nicholas Malgieri, 16 Allison Griffith, Amanda Hanselman, Katelin 17 Meehan, Eleanor Bryan, Danielle Musa, Gregory 18 Raymond and Kevin Groover; and 19 "WHEREAS, The Salutatorians who are 20 being commended today for their outstanding 21 academic performances and exemplary 22 achievements include: Josh Weaver, Annabel 23 Kugler, Johanna Sluiter, Courtney Hoyt, Andrea 24 Boyar, Meredith Mirrer, Lisa Scheinman, Jael 25 Schlafer, Nicole Hartz, David Kelley, Juliana

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(518) 371-8910 1 Guarente, Marshall Isseks, Miranda Zeininger, 2 Russell White, Peter Baltera, Susan Barnes, 3 Zachary Bialecki, Matthew Wilsey, Lauren 4 Manganiello, Adrian Ward, Stephanie Brock, 5 Tammy Schaaffe, James Harris, Jr., Kelly 6 Paden, Christopher Ransford, Emily Jeanne 7 Gage, David Lundgren, Joe Garigliano, Benjamin 8 Baker, and Bethany George; and 9 "WHEREAS, The Honored Students who 10 are being commended today and who have been 11 selected by their school leadership for 12 outstanding school or community service 13 include: Kerri Gilley, Amanda Gutliph, Sarah 14 Doran, Mara Phelan, Sarah Kochik, Amanda 15 Scott, Pranali Trivedi, Heather Hoag, Joe 16 D'Abbraccio, Scott Milici, Sara Rink, 17 Christopher Mikesh, Kendra Harris, Emily 18 Suttmeier, Christine Meno, Bryan Mang, Kyle 19 Knoetgen, Adam Nebzydoski, James Walsh and 20 Erin Anderson; and 21 "WHEREAS, These Valedictorians, 22 Salutatorians, and Honored Students may now 23 stand with pride as they assess their 24 achievements, experience the satisfaction of 25 their labors and the joy of their

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(518) 371-8910 1 accomplishments, eager to face the new 2 experiences of a challenging world; now, 3 therefore, be it 4 "RESOLVED, That this Legislative 5 Body pause in its deliberations to commend the 6 Valedictorians, Salutatorians, and Honored 7 Students of the 42nd Senate District, in 8 recognition of their outstanding 9 accomplishments at a celebration to be held at 10 the State Capitol on June 5, 2006; and be it 11 further 12 "RESOLVED, That copies of this 13 resolution, suitably engrossed, be transmitted 14 to the aforementioned Valedictorians, 15 Salutatorians and Honored Students." 16 THE PRESIDENT: Senator Bonacic. 17 SENATOR BONACIC: Thank you, 18 Madam President. 19 First of all, I'd like to welcome 20 all of our honored students, parents, 21 educators and friends to the Senate chambers. 22 We had a wonderful day today. It's a day that 23 I always look forward to. 24 We had a seminar -- I'll call it a 25 seminar -- we had four speakers. We had our

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(518) 371-8910 1 Lieutenant Governor come, who spoke eloquently 2 to the group. And we had 40 boxes of pizza. 3 I want you to know you did a good job. It was 4 all low-cal. 5 But you are our best and brightest 6 from our Senate district. I would ask you to 7 consider coming back to New York to live here, 8 work here, and raise your family and make life 9 better for the next generation and keep 10 New York strong and keep America strong. 11 You are our future. And I'm glad 12 that you are our future, because I know we 13 will be better as we go forward having 14 students such as yourselves. Thank you for 15 being here. 16 Thank you, Madam President. 17 THE PRESIDENT: All in favor of 18 the resolution please signify by saying aye. 19 (Response of "Aye.") 20 THE PRESIDENT: Opposed, nay. 21 (No response.) 22 THE PRESIDENT: The resolution is 23 adopted. 24 Congratulations. We're so proud 25 and in awe of all of you. Best wishes for

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(518) 371-8910 1 continued success. 2 (Applause.) 3 THE PRESIDENT: Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 I believe Senator Marcellino has motions. 6 THE PRESIDENT: Senator 7 Marcellino. 8 SENATOR MARCELLINO: Thank you, 9 Madam President. 10 I offer amendments to the following 11 Third Reading Calendar bills: 12 Myself, page 33, Calendar Number 13 165, Senate Print Number 1286D; 14 Senator LaValle, page number 33, 15 Calendar 172, Senate Print Number 1092A; 16 Senator Maziarz, page number 36, 17 Calendar Number 215, Senate Print Number 18 3209A; 19 Senator Alesi, page number 50, 20 Calendar Number 609, Senate Print Number 1078; 21 Senator LaValle, page number 51, 22 Calendar Number 662, Senate Print Number 2450; 23 Senator Marchi, page 52, Calendar 24 Number 667, Senate Print Number 5418; 25 Senator Seward, page 52, Calendar

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(518) 371-8910 1 Number 694, Senate Print Number 6677; 2 Senator Nozzolio, page 57, Calendar 3 Number 775, Senate Print Number 7221; 4 Myself, page number 57, Calendar 5 Number 777, Senate Print Number 2851; 6 Senator Saland, page number 61, 7 Calendar Number 856, Senate Print Number 6290; 8 Senator Nozzolio, page number 62, 9 Calendar Number 858, Senate Print Number 7234; 10 Senator Nozzolio, page number 65, 11 Calendar Number 903, Senate Print Number 6699. 12 Madam President, I now move that 13 these bills retain their place on the order of 14 third reading. 15 THE PRESIDENT: The amendments 16 are received, and the bills will all retain 17 their place on the Third Reading Calendar. 18 Senator Rath. 19 SENATOR RATH: Madam President, 20 amendments are offered to the following Third 21 Reading Calendar bills: 22 Sponsored by Senator Robach, page 23 67, Calendar Number 936, Senate Print Number 24 7597; 25 By Senator Morahan, page number 67,

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(518) 371-8910 1 Calendar Number 937, Senate Print 7664A; 2 Senator Seward, page 67, Calendar 3 Number 945, Senate Print Number 6474A; 4 Senator Fuschillo, page 69, 5 Calendar 987, Senate Print 7562; 6 Senator Young, page 71, Calendar 7 1019, Senate Print 7213; 8 Senator LaValle, page 79, Calendar 9 1124, Senate Print 2862B; 10 Senator Farley, page 84, Calendar 11 1182, Senate Print 7428; 12 Senator Morahan, page 88, Calendar 13 Number 1239, Senate Print 6964; 14 Senator Morahan, page 91, Calendar 15 Number 1268, Senate Print 7652; 16 Senator Spano, page 94, Calendar 17 1296, Senate Print 3278; 18 Senator Leibell, page number 96, 19 Calendar 1314, Senate Print 3798; 20 Senator Seward, page 97, Calendar 21 1324, Senate Print 7899. 22 Madam President, I now move that 23 these bills retain their place on the order of 24 third reading. 25 THE PRESIDENT: The amendments

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(518) 371-8910 1 are received, and the bills will retain their 2 place on the Third Reading Calendar. 3 Senator Nozzolio. 4 SENATOR NOZZOLIO: Thank you, 5 Madam President. 6 On page number 52, I offer the 7 following amendments to Calendar Number 685, 8 Senate Print Number 6706, and ask that said 9 bill retain its place on Third Reading 10 Calendar, on behalf of Senator Morahan. 11 THE PRESIDENT: The amendments 12 are received, and the bill will retain its 13 place on the Third Reading Calendar. 14 Senator Skelos. 15 SENATOR SKELOS: Madam President, 16 if we could go to the noncontroversial reading 17 of the calendar. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: Calendar Number 21 16, by Senator Meier, Senate Print 4301A, an 22 act to amend the Criminal Procedure Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. Nays, 5 1. Senator Duane recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 66, by Senator Rath, Senate Print 5839, an act 10 to amend the Penal Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first of 15 November. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 95, by Senator LaValle, Senate Print 3658A, an 23 act to amend the Environmental Conservation 24 Law and the Public Lands Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 60th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 152, by Senator LaValle, Senate Print 279A, an 11 act to amend the Tax Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 6. This 15 act shall take effect on the first day of a 16 sales tax quarterly period. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 371, by Senator Golden, Senate Print 2197B, an 24 act to amend the General Business Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE PRESIDENT: Senator Golden, 7 to explain your vote. 8 SENATOR GOLDEN: On the bill, 9 Madam President. 10 This bill today that we're passing, 11 the cyber-cafe bill, would look to these 12 businesses that operate within New York City 13 and allow for the jurisdictions outside of 14 New York City to opt in, to regulate these 15 facilities as to 13-, 14-, 15-year-old 16 children in these facilities during school 17 hours and at 1:00, 2:00, 3:00, 4:00 o'clock in 18 the morning when they should not be in these 19 locations unsupervised. 20 This cyber-cafe bill will address 21 those concerns and start to regulate those 22 cyber-cafes so that our children are 23 supervised and there are responsible people 24 running these locations and that they are 25 accountable, with a license that would be

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(518) 371-8910 1 renewed every two years. 2 I also have with me today, up in 3 the balcony here, a school. These children 4 don't spend any time in these cyber-cafes, as 5 you will hear. 6 This one child that I have here, 7 from I.S. 30 from Brooklyn, Natalie Van Tyne, 8 she is the winner of the "Senator For A Day" 9 contest in Brooklyn. And she is here with her 10 father, her mother, her brother, her sister. 11 She is here with her class and her teacher 12 from I.S. 30, Adrian Lyss. 13 And we welcome them here today 14 because Adrian taught this class well in how 15 to enter into this contest. And Natalie 16 became a winner out of thousands of essays, 17 250-word essays or more, that were submitted. 18 She was above and beyond in her performance, 19 in the way she spoke, in the way she addressed 20 the judges and spoke of reducing overcrowding 21 in our schools. And she did an outstanding 22 job. 23 I want to thank her, I want to 24 thank I.S. 30, and I want to thank her family 25 for their dedication and being able to get

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(518) 371-8910 1 into this contest and to be the winner out of 2 the many thousands of kids that participated 3 in Brooklyn. 4 So I'd ask my colleagues to join me 5 in congratulating this young lady and her 6 family and her classroom. Thank you. 7 (Applause.) 8 THE PRESIDENT: You will be 9 recorded as voting in the affirmative, Senator 10 Golden. 11 Senator Sabini, to explain your 12 vote. 13 SENATOR SABINI: Thank you, Madam 14 President. 15 I just rise in support of the bill. 16 This is an industry that government has to 17 catch up with. These cafes have sprung to 18 prominence in the last six or seven years. 19 And one of the things that perhaps 20 adults don't know about is that part of the 21 attraction of some of these cafes are 22 linked-up games, linked-up games from other -- 23 within a computer network that young people 24 are taking off from school or playing after 25 school.

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(518) 371-8910 1 These games are violent, they're 2 bloody, they're often tinged with racism and 3 bigotry. And people who are making money off 4 these should be held to a standard that 5 requires them to at least police their own 6 operation and make sure that there is some 7 sort of standard not to promote violence, not 8 to promote bigotry, not to promote things that 9 kids shouldn't be doing in their off-hours, 10 never mind some of the young people who are 11 doing this on-hours. 12 So I want to congratulate Senator 13 Golden for his persistence in moving this 14 legislation. I'll be voting aye. 15 THE PRESIDENT: You will be 16 recorded as voting in the affirmative, Senator 17 Sabini. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 56. Nays, 21 1. Senator Libous recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 385, by Senator Spano, Senate Print 4155B, an

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(518) 371-8910 1 act to amend the Vehicle and Traffic Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 6. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 57. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 389, by Senator Maziarz, Senate Print 6225A, 13 an act providing for the Commissioner of 14 Transportation. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 60th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 429, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Ortiz, Assembly Print Number 2 4397, an act to amend the Workers' 3 Compensation Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 506, by Senator Seward, Senate Print 3087B, an 15 act to amend the Insurance Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 90th day. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 597, by Senator DeFrancisco, Senate Print 2 7011A, an act to amend the Public Officers 3 Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: Senator 11 DeFrancisco, to explain your vote. 12 SENATOR DeFRANCISCO: Yes, I'm 13 explaining my "yes" vote. 14 I think this is an important piece 15 of legislation, because over the years we've 16 expanded the materials that are available 17 under the Freedom of Information Law. 18 The problem was when there was 19 noncompliance, there was no real remedy. And 20 this remedy allows courts, if they choose, to 21 award attorney's fees to the party who brings 22 the action to be able to enforce their right 23 to obtain information. 24 Many of us know, in the Freedom of 25 Information context, sometimes incomplete

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(518) 371-8910 1 information is given, sometimes inordinate 2 delays take place. This, in the short term, 3 will give a remedy so that the requester 4 doesn't have to pay for the attorney's fees. 5 And for those who complain about 6 attorney's fees, I don't think there's too 7 many lawyers who are going to make a living 8 off of this type of litigation. But it gives 9 the recipient the right to obtain this 10 information and not be hurt financially. 11 Lastly, over the long term what it 12 does is that it's less likely that information 13 will be withheld or inordinately delayed 14 because the agencies, once they get hit with a 15 bill from the court for attorney's fees, 16 they're going to be more likely to comply with 17 what they're required to do anyway. 18 So I think it's an important bill 19 that puts teeth in the rights of citizens to 20 obtain information. 21 Thank you, Madam President. 22 THE PRESIDENT: And you will be 23 recorded, Senator DeFrancisco, as voting in 24 the affirmative on this bill. 25 Senator Valesky, to explain your

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(518) 371-8910 1 vote. 2 SENATOR VALESKY: Thank you, 3 Madam President. 4 I rise in support of this bill and 5 to commend Senator DeFrancisco for his 6 leadership efforts on this measure. It is 7 certainly a commonsense thing that we ought to 8 be doing, and it's a good thing that we're 9 passing this bill today. 10 I would suggest, though, that we 11 ought to go one step further. Presently the 12 Freedom of Information Law, as it applies to 13 executive agencies in state government, there 14 is a presumption that documents are available 15 unless those are -- those that are not are 16 specifically spelled out in the law. 17 The Legislature is just the 18 opposite. I have introduced a bill to bring 19 the Legislature and the application of the 20 Freedom of Information Law to documents 21 generated by the Legislature to at least the 22 same standard as we have in executive agencies 23 of state government. I encourage this body to 24 take that measure up before we adjourn the 25 legislative session.

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(518) 371-8910 1 I vote in the affirmative on this 2 bill. 3 THE PRESIDENT: And you will be 4 so recorded as voting in the affirmative, 5 Senator. 6 The Secretary will announce the 7 results. 8 THE SECRETARY: Ayes, 56. Nays, 9 1. Senator Malcolm Smith recorded in the 10 negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 598, by Senator Nozzolio, Senate Print 1973D, 15 an act to amend the Energy Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 666, by Senator Larkin, Senate Print 854A, an 2 act to amend the Real Property Tax Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 684, by Senator Libous, Senate Print 1818A, an 14 act to amend the Mental Hygiene Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE PRESIDENT: Senator Duane, to 22 explain your vote. 23 SENATOR DUANE: Thank you, Madam 24 President. 25 I'm going to be voting in favor of

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(518) 371-8910 1 this bill, which requires the Commission of 2 Care and Advocacy for Persons With 3 Disabilities in order to review programs of 4 the Commission for the Blind and Visually 5 Handicapped. And this is a good bill, and we 6 should do everything in our power to help 7 those with visual impairments. 8 But I imagine that especially if a 9 person finds out later in life that they 10 have -- that they are getting a visual 11 impairment or that they are going blind, that 12 that would cause a tremendous amount of 13 anxiety and probably depression. 14 And ironically, here we would have 15 someone with a visual handicap who also 16 potentially would be very depressed about 17 that, which is a mental illness. And who 18 knows how they would treat it if they couldn't 19 get the professional help they needed -- maybe 20 through alcohol or some other chemical 21 substance to try to take the edge off of the 22 depression because of the beginning of a 23 handicap. 24 But even more ironically, while 25 they may be able to get special services

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(518) 371-8910 1 because of their visual impairment, most 2 likely they wouldn't be able to get help for 3 the mental illness of aggression or anxiety 4 that might go along with it, because we still 5 haven't passed Timothy's Law. 6 Now, here we are the beginning of 7 June, session is winding down. And I have to 8 say it's getting pretty darn embarrassing that 9 this body refuses to take up such an important 10 piece of legislation that really would help 11 New Yorker. 12 So while I'm voting for this bill, 13 I hope -- and really, at this point, I'm going 14 to have to start to demand that we get 15 Timothy's Law on the floor here so that we can 16 vote in favor of it. 17 Thank you, Madam President. 18 THE PRESIDENT: You will be 19 recorded as voting in the affirmative, 20 Senator. 21 The Secretary will announce the 22 results. 23 THE SECRETARY: Ayes, 57. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 688, by Senator Young, Senate Print 6820A, an 3 act to amend the Parks, Recreation and 4 Historic Preservation Law. 5 SENATOR SKELOS: Lay it aside for 6 the day. 7 THE PRESIDENT: The bill is laid 8 aside for the day. 9 THE SECRETARY: Calendar Number 10 813, by Senator Bonacic, Senate Print 6521A, 11 an act to amend the Public Authorities Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 863, by Senator Balboni, Senate Print 7358A, 23 an act to amend the Eminent Domain Procedure 24 Law. 25 SENATOR DUANE: Lay it aside,

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(518) 371-8910 1 please. 2 THE PRESIDENT: The bill is laid 3 aside. 4 THE SECRETARY: Calendar Number 5 880, by Senator Skelos, Senate Print 7450, an 6 act to amend the General Business Law. 7 SENATOR SKELOS: Lay it aside for 8 the day. 9 THE PRESIDENT: The bill is laid 10 aside for the day. 11 THE SECRETARY: Calendar Number 12 887, by Senator Stachowski, Senate Print 1604, 13 an act to amend the Penal Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 897, by Senator Padavan, Senate Print 3914B,

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(518) 371-8910 1 an act to amend the Penal Law, the Executive 2 Law, the Civil Practice Law and Rules, and the 3 Criminal Procedure Law. 4 THE PRESIDENT: Read the last 5 section. 6 SENATOR DUANE: Lay it aside, 7 please. 8 THE PRESIDENT: The bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 905, by Senator Volker, Senate Print 6753, an 12 act to amend the Civil Practice Law and Rules. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 60th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 917, by Senator Morahan, Senate Print 706, an 24 act to amend the Military Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 976, by Senator Skelos, Senate Print 7086B, an 11 act to authorize. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. Nays, 19 1. Senator Bonacic recorded in the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 984, by Senator Saland, Senate Print 7314A, an 24 act to authorize. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 995, by Senator LaValle, Senate Print 1477A, 11 an act to amend the Business Corporation Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 13. This 15 act shall take effect on the first of January. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1001, by Senator Spano, Senate Print 5747A, an 23 act to amend the Public Authorities Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1109, substituted earlier today by the 10 Assembly Committee on Rules, Assembly Print 11 Number 8697A, an act to amend the Real 12 Property Tax Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1044, by Senator Wright, Senate Print 5005D, 24 an act to amend the Penal Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 5. This 3 act shall take effect on the first of 4 November. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1070, by Senator Maziarz, Senate Print 7329A, 12 an act to amend the Highway Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 30th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1178, by Senator DeFrancisco, Senate Print 24 7217A, an act to amend the Executive Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1196, by Senator Larkin, Senate Print 7259, an 11 act to amend the General Business Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 180th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1204, by Senator Fuschillo, Senate Print 783, 23 an act to amend the Penal Law. 24 THE PRESIDENT: Read the last 25 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 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. Nays, 7 1. Senator Montgomery recorded in the 8 negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1205, by Senator Fuschillo, Senate Print 788, 13 an act to amend the Penal Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1207, by Senator Alesi, Senate Print 971, an

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(518) 371-8910 1 act to amend the Penal Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act -- 6 SENATOR DUANE: Lay it aside, 7 please. 8 THE PRESIDENT: The bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 1213, by Senator Volker, Senate Print 3712, an 12 act to amend the Penal Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of 17 November. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1264, substituted earlier by the Assembly 25 Committee on Rules, Assembly Print Number

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(518) 371-8910 1 8652A, an act to amend the Domestic Relations 2 Law and the Civil Practice Law and Rules. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1308, substituted earlier today by Member of 14 the Assembly Weinstein, Assembly Print Number 15 11223, an act to amend Chapter 203 of the Laws 16 of 2004. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 Senator Skelos, that completes the 2 noncontroversial reading of the calendar. 3 SENATOR SKELOS: Thank you, Madam 4 President. If we could go to the 5 controversial reading. 6 THE PRESIDENT: The Secretary 7 will ring the bell. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 863, by Senator Balboni, Senate Print 7358A, 11 an act to amend the Eminent Domain Procedure 12 Law. 13 SENATOR DUANE: Explanation, 14 please. 15 THE PRESIDENT: Senator Balboni, 16 an explanation has been requested. 17 SENATOR BALBONI: Thank you very 18 much, Madam President. 19 This is a bill that is in response 20 to many things -- some of them the Supreme 21 Court case of the Kelo decision, some of them 22 the specific circumstances that have occurred 23 down in my district. 24 But essentially, what this involves 25 is a change that has overcome our society. It

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(518) 371-8910 1 used to be that in the times of kings and 2 queens, a feudal lord would be sent out to go 3 and seize property. Well, today we just use 4 eminent domain. 5 And that's exactly what's happened, 6 that we have taken eminent domain and we've 7 changed its application. And I believe that 8 that is an overreaching of the intent of the 9 law, and this bill seeks to change it. And 10 here are some of the reasons why. 11 First off, the bill is very 12 specific. It only affects the town of North 13 Hempstead. And that is because the town of 14 North Hempstead is very environmentally 15 sensitive. It has extensive groundwater 16 protection areas. And when you take a large 17 facility, like say a golf course, and you take 18 it off the rolls and perhaps you're going to 19 use it to develop it, then you will endanger 20 the groundwater protection area. 21 Second, you'll have an impact on 22 the real property taxpayers, because you'll 23 take property that is currently on the tax 24 rolls and then you'll take it off for a 25 municipal purpose, and that will have a

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(518) 371-8910 1 dramatic effect on places like school 2 districts. 3 And lastly, I believe that this is 4 something that we need to have a break on. 5 You know, this is America, folks. And 6 normally when you want to lose your property, 7 you want to lose it for getting lots of nice 8 money that you decide to sell. And what this 9 bill does not do is curtail the ability of any 10 municipality to enter into a negotiated 11 settlement where property is acquired. 12 Thank you, Madam President. 13 THE PRESIDENT: Senator 14 Montgomery. 15 SENATOR MONTGOMERY: Yes, Madam 16 President. I rise to support Senator 17 Balboni's legislation -- 18 THE PRESIDENT: To speak on the 19 bill? 20 SENATOR MONTGOMERY: To speak on 21 the bill. 22 THE PRESIDENT: Go ahead. 23 SENATOR MONTGOMERY: And to 24 support his legislation. 25 The only problem that I have with

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(518) 371-8910 1 this legislation, Madam President, is that 2 Senator Balboni has taken care of the feudal 3 lord -- is that what you call them? -- in his 4 own district, but not the one in mine. So I'm 5 unhappy about that. 6 (Laughter.) 7 SENATOR MONTGOMERY: Now, I 8 understand that this process is supposed to be 9 a process which allows government to be able 10 to acquire property for the purpose of public 11 benefit. However, as Senator Balboni has -- 12 his bill addresses, we now have a situation 13 where the acquisition of private property for 14 other private economic development, quote, 15 unquote, purposes is just a matter of course. 16 So we no longer have the protection of private 17 property owners that is assumed in our 18 Constitution. And I think that Senator 19 Balboni's legislation goes in the right 20 direction to correct that. 21 I would just like to point out that 22 there are other members in this house who do 23 have legislation that would perhaps go further 24 than Senator Balboni's, and I hope that we're 25 going to be considering those bills.

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(518) 371-8910 1 I note that Senator Flanagan has 2 several bills that he has introduced to, one, 3 require compensation of up to 150 percent of 4 the fair market value so that property owners 5 would receive fair value for their property. 6 He also would create a temporary commission, 7 state commission, to examine the appropriate 8 constitutional standard for condemnation 9 proceedings which would be used for economic 10 development. I think that's what we should 11 do, at least, in the least, is establish a 12 commission to study this issue. 13 And let me just also add that I 14 also have a bill, which is very, very simple. 15 It would grant the City Council of the City of 16 New York the authority to approve or 17 disapprove, via majority vote, on any decision 18 to do eminent domain in the City of New York. 19 And it would require at least one official 20 public hearing so that citizens in the City of 21 New York would have an opportunity to respond. 22 That's only a very small number, 23 limited number, a number of us have 24 legislation on because we care about this. 25 And, Madam President, I hope that this is just

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(518) 371-8910 1 the beginning by this Legislature to examine 2 and to correct what is going on in our state, 3 in the counties and cities across, where we 4 have the transfer of property from private 5 property owners to people who want to build 6 stadiums and malls and other so-called 7 economic development projects at the expense 8 of private owners in our state. 9 Thank you. I'm supporting this 10 legislation. Thank you. 11 THE PRESIDENT: Does any other 12 member wish to be heard? 13 Senator Krueger. 14 SENATOR LIZ KRUEGER: Thank you, 15 Madam President. On the bill. 16 THE PRESIDENT: You may proceed 17 on the bill. 18 SENATOR LIZ KRUEGER: Thank you. 19 Well, as I read the bill and 20 listened to Senator Balboni's explanation, it 21 involves a golf course in a town in his 22 district, and it seems to be an eminent domain 23 fight between the rich and the richer over who 24 gets to have the golf course. And I will 25 support the bill.

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(518) 371-8910 1 But again to highlight what Senator 2 Montgomery was raising, eminent domain is a 3 very serious issue in the State of New York. 4 And there are debates going on throughout the 5 State of New York about whether our law in 6 fact is appropriate in the 21st century and 7 whether we in the New York State Legislature 8 have sat by while local governments have too 9 broadly interpreted their powers of use of 10 eminent domain, where some of us believe the 11 State of New York has too broadly allowed 12 eminent domain, under the auspices of public 13 authorities and even IDAs using eminent domain 14 to take the property of others. 15 So I have to tell you that I'm 16 concerned that at the closing of session in 17 2006 it appears so far the only eminent domain 18 bill we're dealing with is one subspecific to 19 a golf course in a town. 20 And Senator Montgomery raised her 21 bill, which basically calls for public 22 hearings and the participation of the local 23 government. 24 I wanted to reference Senator 25 DeFrancisco's bill, which quite a few members

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(518) 371-8910 1 have signed on to, 5938, which I think does an 2 excellent job of clarifying where we ought to 3 go in eminent domain reform in New York State. 4 The original concept of eminent 5 domain was the recognition that there are 6 occasions when government -- for public, good 7 purposes -- needs to take private property. 8 And the concept behind it is that when they 9 need to take private property, they will of 10 course give fair reimbursement to the owners. 11 And the original intent of eminent 12 domain was so that you could assure that you 13 could build highways and have public 14 transportation that needed to go through areas 15 that you might need to take property for 16 pumping stations, for water works, for 17 reservoirs, for jails and police and fire 18 stations, for city halls and other public 19 buildings. For cemeteries, conceivably. For 20 parks and playgrounds. For putting in sewers 21 and pipelines and aqueducts. 22 I don't think we ever imagined the 23 golf course as one of the critical public 24 issues facing us in the taking of land. But 25 as we know, in the last year and a half we had

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(518) 371-8910 1 a Supreme Court case, Kelo v. the City of New 2 London, that some people interpreted as saying 3 the Supreme Court of the United States said 4 anything in eminent domain is okay. 5 That is a misreading of the Kelo 6 case. The Kelo case said this is a state's 7 decision, not a federal government decision; 8 hence, under that Connecticut law, what was 9 happening was considered allowable by the U.S. 10 Supreme Court. 11 But I would argue that the U.S. 12 Supreme Court actually said to us, in all 50 13 states: It is your obligation to go back and 14 reevaluate how you are using eminent domain in 15 your states, whether in fact you are violating 16 your original intent for the use of eminent 17 domain. 18 I would argue that on case after 19 case in New York, if we were to take a hard 20 look at the facts, we might all agree, both 21 sides of the aisle, that we have gone too far, 22 that we are not correctly interpreting eminent 23 domain under our state law as was the original 24 intention of the purpose for public good. And 25 that we should be, today, on this floor,

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(518) 371-8910 1 actually discussing any number of eminent 2 domain bill proposals. 3 But I'd be happy if we were just 4 dealing with Senator Montgomery's bill as she 5 spoke on, S5949, and Senator DeFrancisco's 6 5938. 7 We have a few days left in session 8 this year. I hope perhaps we might see these 9 bills on the floor, because I think that the 10 people of New York deserve us to evaluate what 11 is going on in eminent domain law in the State 12 of New York. And that each of us might have 13 stories about what we believe our local 14 outrage is in our own districts under the 15 current statute. 16 So I will support the bill. But 17 again, we have much bigger issues than just 18 golf courses to deal with in this state. 19 Thank you, Madam President. 20 THE PRESIDENT: The debate is 21 closed. 22 The Secretary will ring the bell. 23 Senator Skelos. 24 SENATOR SKELOS: Before we read 25 the last section, I just want to of course

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(518) 371-8910 1 welcome back Senator Hassell-Thompson. 2 Welcome back, and we're glad you're 3 feeling better. 4 (Extended applause.) 5 THE PRESIDENT: Thank you, 6 Senator Skelos. 7 I know we are very happy to see you 8 back. You look great. And I think you wanted 9 to say something. 10 SENATOR HASSELL-THOMPSON: Thank 11 you, Madam President. And thank you, Senator 12 Skelos. 13 I left in February to go to have 14 what I thought was a very simple surgical 15 procedure. And I guess I forgot that being 63 16 is not the same as being 23; the bones don't 17 knit quite as quickly. 18 But barring some complications, I'm 19 back, and I want to just say I thank you -- 20 many of you called, almost every one of you 21 sent me a note, flowers, some greeting -- some 22 way of saying thank you very much. 23 In the Democratic conference 24 earlier today, I made the statement -- and I 25 don't want people to think I'm being

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(518) 371-8910 1 redundant -- but unless you've been to a very 2 dark place in your life, you don't know what 3 it means to come back from that. And I think 4 that a lot of people in this room are 5 responsible for helping me to come back, 6 helping me to know that illness is not the 7 worst thing. And it helped me get through 8 some very dark times. 9 And Carl Marcellino, I didn't think 10 you liked me as much. 11 (Laughter.) 12 SENATOR HASSELL-THOMPSON: But I 13 want to thank you. I want to thank every one 14 of you who remembered me and sent me some 15 greeting, some acknowledgment. 16 And my daughter wanted to know why 17 was Senator Volker calling me so much. 18 (Laughter.) 19 SENATOR HASSELL-THOMPSON: And I 20 said because he's one of my best friends. 21 And I'll tell you that when it 22 really comes down to it, when you're in a 23 position of governance and you really 24 understand what that means, it isn't about 25 party, but it is about decency and respect.

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(518) 371-8910 1 And I -- and I appreciate the respect that I 2 have been shown since I've been in the Senate 3 chambers. 4 And I thank you, Madam President. 5 (Applause.) 6 SENATOR SKELOS: Madam President, 7 I would also like to point out that it's nice 8 to see a Senator sitting in their chair when 9 there are flowers on the desk. 10 (Laughter.) 11 THE PRESIDENT: Oh, absolutely. 12 We'll all second that. 13 SENATOR SKELOS: If we could read 14 the last section, please. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE PRESIDENT: Senator 22 DeFrancisco, to explain your vote. 23 SENATOR DeFRANCISCO: Yes, I 24 support the bill. But it is -- I agree that 25 it's an incomplete solution to the eminent

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(518) 371-8910 1 domain problem. 2 I know Senator Alesi had hearings 3 all throughout the state, we had a hearing 4 here in Albany, and there's been 5 recommendations by the Bar Association and so 6 forth. But right now, there unfortunately is 7 not a consensus. 8 But we have to pass a bill that 9 ends basically two things, where a 10 governmental agency or in some cases an IDA 11 can actually seize property and the sole 12 justification can be that whatever the new 13 development is going to be, it brings in more 14 tax dollars. I don't think that's what the 15 framers of our Constitution had in mind when 16 they gave government the power to seize 17 property for eminent domain. 18 And the other part of it is is that 19 we've got to have a bill that makes certain 20 that those who have their property seized for 21 a legitimate government purpose are properly 22 compensated. This issue has expanded so much 23 that the government really has total control 24 of whose property they want to take, and they 25 can give it to another private individual or

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(518) 371-8910 1 entity. And it's just wrong. 2 So hopefully we can get an 3 agreed-upon bill or some common language that 4 we could move as quickly as possible. 5 The Bar Association unfortunately 6 suggested that we appoint a commission and 7 study it. The last time there was a 8 commission appointed to study eminent domain, 9 the first bill that came out was seven years 10 later, and that's when the solution took 11 place. We can't wait that long. 12 So thank you, Madam President. I 13 vote in the affirmative. 14 THE PRESIDENT: You will be so 15 recorded as voting in the affirmative, Senator 16 DeFrancisco. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 863 are 21 Senators Duane and Malcolm Smith. 22 Ayes, 56. Nays, 2. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 897, by Senator Padavan, Senate Print 3914B, 2 an act to amend the Penal Law and others. 3 SENATOR SABINI: Explanation. 4 THE PRESIDENT: Senator Padavan, 5 an explanation has been requested by Senator 6 Sabini. 7 SENATOR PADAVAN: Thank you, 8 Madam President. 9 This is the second year we've dealt 10 with this legislation, that deals 11 comprehensively with the horrible modern-day 12 slavery known as human trafficking. 13 The Justice Department tells us 14 that annually there are over 800,000 15 individuals brought across various 16 international borders, primarily women and 17 children, for all kinds of purposes, 18 significantly among them being prostitution, 19 child labor and the like. 20 In our various statutes in our 21 penal code there are provisions for dealing 22 with certain aspects of that activity. But 23 there is no comprehensive bill, law, that 24 brings it all together in a fashion that 25 prosecutors, the attorney general, and other

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(518) 371-8910 1 law enforcement agencies -- primarily, the 2 police department -- can act in dealing with 3 this horrendous problem. 4 We have it in this state, we have 5 it in New York City. From time to time we 6 read stories about those situations. And we 7 must deal with it. 8 This legislation adds Article 136 9 to the Penal Law. It creates the crime of 10 human trafficking, involuntary labor servitude 11 and involuntary sexual servitude, promoting 12 human trafficking, patronizing a trafficking 13 victim, and promoting sex tourism. Sex 14 tourism -- that's where individuals sign up 15 for a tour to go to some foreign country to 16 engage in sexual activity with children. 17 Currently they're immune from prosecution in 18 this state, in this country. This would 19 change that. 20 We deal with the restitution and 21 assistance to trafficking victims. It amends 22 the Executive Law to include trafficking 23 victims in the definition of victim for 24 purposes of crime victim compensation. It 25 amends the Civil Practices Law and Rules to

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(518) 371-8910 1 provide for the seizure and forfeiture of the 2 assets of traffickers and amends the Penal Law 3 and Criminal Procedure Law to include human 4 trafficking as a predicate crime for 5 enterprise corruption. 6 That's the essential aspect of this 7 bill. 8 THE PRESIDENT: Senator Sabini. 9 SENATOR SABINI: Madam President, 10 I believe there's an amendment at the desk. 11 I'd like to waive its reading and be heard on 12 the amendment. 13 THE PRESIDENT: The reading is 14 waived, and you can be heard on the amendment. 15 SENATOR SABINI: Madam President, 16 Senator Padavan has a very good piece of 17 legislation here dealing with human 18 trafficking. We've read Bob Herbert's 19 compelling piece in The Times the other day. 20 The amazement that New York State hasn't moved 21 forward with a law on this should be obvious 22 to everyone. So it's a good piece of 23 legislation. 24 I have an amendment I think makes 25 it a little better, because it not only goes

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(518) 371-8910 1 towards the combatting of human trafficking 2 but deals with the human aspect of it, and 3 that is the victim, the person who's brought 4 here unsuspectingly from another country to 5 the promise of America, the golden door, the 6 land of milk and honey. And then they're 7 forced into a situation of slavery and 8 servitude, and under horrible conditions, in 9 places like in my district, where we've had 10 these instances time and time again. 11 What my bill does is offer a 12 package of services to those who are the 13 victims. Penalties are important too, and I 14 support them and I intend to vote for the 15 bill. But my amendment would provide for 16 services for trafficking of persons within the 17 Office of Temporary and Disability Assistance. 18 It would call for the creation of an 19 interagency advisory committee and a forum for 20 collaboration of all state agencies and 21 service providers to develop state policies 22 for the victims. 23 Some of the victims face 24 deportation, as Senator Padavan's bill allows 25 people to sue. These are not people who are

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(518) 371-8910 1 going to have access to quick legal work in 2 the country they're deported to. 3 The demand for prostitution in 4 New York and in areas where we have lots of 5 day laborers is large. We have lots of men 6 who come to America and to New York in 7 particular to find work, sometimes to send it 8 back home to their families. They have needs; 9 they seek out prostitutes. Women are brought 10 in here, trafficked, under coercion. Once 11 they're here, they're forced into a situation 12 of slavery. 13 There was a situation recently in 14 Senator Morahan's district, in Spring Valley, 15 where there were prostitution arrests made of 16 young women, underage and at the age of 17 majority, taken into custody by the U.S. 18 Immigration Service. It's likely they'll be 19 returned to Mexico and Guatemala and their 20 countries of origin. And who will they meet 21 there when they get back? The same people who 22 sent them here in the first place. They'll be 23 shunned, perhaps tortured, perhaps worse. 24 So I think it's important that we 25 do the things we need to do to stop this

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(518) 371-8910 1 trade, but I think it's important that the 2 State of New York step up and offer some 3 services to the people that are victims of it. 4 We have an organization -- you 5 know, my district is a very diverse one, as 6 many know. In neighborhoods like Jackson 7 Heights and Corona, people come from all of 8 the world. We have an agency called Solace; 9 it's a division of the old Victim Services 10 Agency. And they provide a unique service 11 that most people would be amazed is needed. 12 They provide service to people who come from 13 other countries who are victims of torture 14 from other countries, who then have to live 15 here with the horror of what happened to them 16 at their home country. 17 So that if someone came from the 18 former Communist-bloc regime of Albania and 19 saw their parents tortured, they may need 20 psychological training in their native 21 language. Not so easy to find. Or if they 22 saw their children tortured -- or worse -- in 23 a country like China or the Sudan or Ghana, 24 they need those services available in their 25 own language. And that organization, Solace,

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(518) 371-8910 1 does that. 2 I'd like to see that replicated for 3 these victims of human trafficking. So I 4 offer this amendment not in a sense that 5 Senator Padavan's bill is bad -- no, it's 6 good, and I intend to vote for it -- but 7 rather to go to the victim's side of the 8 equation and to get the state to step up to 9 the plate and say we have to do something for 10 these folks. And the amendment is offered in 11 the spirit of helping those victims, Madam 12 President. 13 Thank you. 14 THE PRESIDENT: Senator Padavan. 15 SENATOR PADAVAN: Madam 16 President, first, I appreciate Senator 17 Sabini's support of the bill, the underlying 18 legislation. 19 But I'd like to comfort him in this 20 sense. Everything he talks about -- the need 21 to help those who are the victims, the need to 22 collect information and data so that we can 23 fully understand the nature of the crimes 24 being committed, the need to provide services, 25 the need to interface with federal authorities

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(518) 371-8910 1 between the Attorney General, our police 2 agencies, our Division of Criminal Justice 3 Services, so these individuals would find help 4 to become legalized as residents -- all of 5 that is contained in the bill you have before 6 you. 7 Now, what is not there that Senator 8 Sabini's amendment does provide is the 9 establishment of a separate entity, a new 10 office, a bureaucracy to do all those things. 11 Now, we have a difference of 12 opinion. I think our Division of Criminal 13 Justice Services, the Attorney General's 14 office, our police departments, the federal 15 agencies with whom they are to cooperate under 16 this statute, are sufficient to do the job if 17 we give them the law and the tools to do it 18 with. We need not set up a new entity to 19 supersede what is already in place in terms of 20 structure and assets. That's where we differ. 21 Now, there's one problem we do 22 have. And the problem we have is that this 23 will be the second time we've passed this 24 bill. Assemblyman Dinowitz in the other house 25 has been working very, very diligently with

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(518) 371-8910 1 his bill, which is quite similar, but he's 2 having a great deal of trouble getting it out 3 of the Codes Committee in that house. 4 And that's where we need your help, 5 to give him the assistance to get this thing 6 moving, pass a bill there so we can work out 7 whatever minor differences there are and put 8 it into law. I'd hate to see this session end 9 not having accomplished anything. 10 THE PRESIDENT: Senator Sabini. 11 SENATOR SABINI: Thank you, Madam 12 President. I just want to just amplify 13 Senator Padavan's point about the other house. 14 The victim services piece that I 15 proposed is in the Assembly bill and I think 16 would make it more palatable to both houses if 17 that were there. 18 And secondly, yes, we do have a 19 disagreement in philosophy. My language goes 20 toward social service professionals and not 21 toward the enforcement folks -- who can go to 22 social service professionals, but I believe 23 this is such a unique situation involving 24 people from so many different places on the 25 globe that need so many special services that

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(518) 371-8910 1 it's not just something the Attorney General, 2 the Criminal Justice Division, the police 3 departments, they may not be the most -- 4 best-equipped people to deal with the rather 5 complex problems of the victims of this 6 trafficking. 7 So we are talking shades of gray, 8 but I think it's important enough that we go 9 to the root of the problem and try to help the 10 victims of this not just by closing down these 11 rings but making sure that the victims are not 12 lost in the shuffle. 13 So we do have a disagreement of 14 philosophy, but I think this amendment would 15 make it more palatable to the Assembly. 16 Thank you. 17 THE PRESIDENT: On the amendment, 18 those Senators in agreement please signify by 19 raising your hand. 20 THE SECRETARY: Those recorded in 21 agreement are Senators Breslin, Coppola, Diaz, 22 Dilan, Duane, Hassell-Thompson, Klein, 23 L. Krueger, Montgomery, Onorato, Oppenheimer, 24 Parker, Paterson, Sabini, Sampson, Savino, 25 A. Smith, M. Smith, Stachowski, Stavisky and

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(518) 371-8910 1 Valesky. 2 THE PRESIDENT: The amendment is 3 not agreed to. 4 Does any other Senator wish to be 5 heard? 6 Senator Volker. 7 SENATOR VOLKER: Madam President, 8 let me just say, I think Senator Padavan 9 mentioned it, but this bill was the subject of 10 a hearing in New York City. And Senator Duane 11 was there, and a number of people from this 12 house on both sides of the aisle. 13 I have to be honest with you. You 14 know, Senator Sabini, your amendment is fine 15 in a way. That's not what the Assembly's 16 problem is. The Assembly's problem -- and I 17 met with a lot of the major groups in New York 18 City on this while I was there in the city, 19 and since then up here in Albany. Because to 20 me, this is one of the issues that I really 21 believe we should deal with during this 22 session. 23 And the reason is that I don't 24 think any of us realized, until we had the 25 hearing and researched it, the enormity of

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(518) 371-8910 1 this problem. And it's not just in New York 2 City, but the worst of it is in New York City. 3 It appears -- and we're still 4 working with the Assembly to try to work this 5 out. And I am very hopeful that we will be 6 able to do it, because I think this is a 7 problem that needs desperately to be dealt 8 with. 9 But the main reason the Assembly is 10 reluctant to do a bill has to do with 11 penalties. I mean, you know -- and it's 12 not -- I get frustrated sometimes because the 13 same people in the Assembly sometimes who 14 profess to be so tough and profess to be ready 15 to put people in jail then are reluctant, when 16 you get a problem of this nature, to do it. 17 In all honesty, it seems to me that 18 the real trouble has to do with the fact that 19 the Assembly at times would rather find a way 20 to counsel people than put them in jail. But 21 how do you do that with people who are 22 abducting people, kidnapping them and turning 23 them into slaves? It seems to me that that's 24 so abhorrent that we must deal, first of all, 25 with the criminal side.

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(518) 371-8910 1 And the social side has got to be 2 dealt with too. I don't think there's any 3 question that we need to have programs and all 4 that sort of thing. But the first thing you 5 have to do is deal with the fact that people 6 are doing something that is so abhorrent to 7 our society that it needs to be dealt with in 8 the most efficient and the toughest and 9 quickest way possible. 10 And the best way to do that is to 11 pass Senator Padavan's bill or a bill very 12 similar to it. And I would hope that before 13 this session is over, either this part of the 14 session or sometime this year, that we will be 15 able to come to an agreement, because it cries 16 out -- you know, there aren't a lot of issues 17 that cry out, to me, to be done. This is one 18 that does. This and the sexual predator 19 legislation, it seems to me, cries out to be 20 done during this session. 21 So I thank Senator Padavan for his 22 interest, Senator Duane, and a lot of other 23 people in this chamber. This has been an 24 issue that I think has found pretty unanimous 25 support in this house. And I'm going to do

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(518) 371-8910 1 everything I can to make sure that it gets the 2 same kind of support in the Assembly. 3 THE PRESIDENT: The debate is 4 closed. 5 The Secretary will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 7. This 8 act shall take effect on the first of 9 November. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: In relation to 13 Calendar Number 897, absent from voting: 14 Senator Gonzalez. 15 Ayes, 57. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1207, by Senator Alesi, Senate Print 971, an 20 act to amend the Penal Law. 21 THE PRESIDENT: Senator 22 Montgomery. 23 SENATOR MONTGOMERY: Madam 24 President, I would like to have a brief 25 explanation.

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(518) 371-8910 1 THE PRESIDENT: Senator Alesi, an 2 explanation has been requested. 3 SENATOR ALESI: Thank you, Madam 4 President. Since I'm recovering from 5 laryngitis, I'd be happy to offer a brief 6 explanation. 7 This bill simply increases the 8 penalties for false personation from a 9 B misdemeanor to an A misdemeanor. And it 10 removes the requirement in existing law that 11 someone who is being questioned has to be 12 informed ahead of time that if they give false 13 information as to their identity that it is a 14 misdemeanor. 15 Thank you very much, Madam 16 President. 17 THE PRESIDENT: Senator 18 Montgomery. 19 SENATOR MONTGOMERY: Yes, thank 20 you, Madam President. On the bill. 21 THE PRESIDENT: You may proceed 22 on the bill. 23 SENATOR MONTGOMERY: Thank you. 24 Madam President, I see that the 25 main thing that I have a huge problem with

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(518) 371-8910 1 with Senator Alesi's legislation is that it 2 contradicts the original intent of the bill 3 that was passed in 1997, I believe, in this 4 Legislature to establish this particular 5 crime. Which is a person is guilty of false 6 personation when, after being informed of the 7 consequences of such act, he or she knowingly 8 misrepresents himself or herself, et cetera. 9 I changed some of the wording. 10 And in fact, the Legislature, in 11 the memorandum in support of that 12 legislation -- and I want to remind people 13 that we were still a Republican controlled 14 Legislature at that time -- and it said 15 specifically in the memo of support that the 16 first element of the crime requires that the 17 subject be informed of the consequences of 18 such act. The concept appears to be to 19 provide the subject with actual notice of the 20 criminal nature of the conduct, both in 21 fairness and in a desire to encourage 22 compliance. 23 So it seems to me that this bill 24 intends to cast aside the original intent of 25 the legislation, which was to establish that

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(518) 371-8910 1 when an officer stops someone, wherever they 2 are, and requests information, and that person 3 may or may not be telling the truth, the 4 officer is obligated to say simply that if you 5 lie to me, there will be consequences. It is 6 a penalty. It is a crime. 7 I don't understand, as I have said 8 in the past when Senator Alesi has introduced 9 this same legislation, why would we remove 10 that requirement from a police officer? It 11 just seems such a simple and straightforward 12 process that the officer automatically would 13 do, that if you break this law there are 14 consequences. 15 I have said in past debates on this 16 bill why I'm opposed to it is because in 17 particular when police officers stop 18 teenagers, which very often happens in my 19 district, I want those police officers to at 20 least be required to let those young people 21 know that whatever they do or say, it can be 22 held against them, that it is a crime even if 23 you lie about your name and address. 24 I don't think that's too much to 25 ask. I have never had any police officer --

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(518) 371-8910 1 and I work with them all the time -- complain 2 to me that this is burdensome, we don't want 3 to do this, it prevents us from doing our job. 4 None of that has ever been spoken about. 5 So I cannot understand what is the 6 purpose of Senator Alesi's bill. In fact, I 7 think that it contradicts the original intent 8 of this, or at least the original concern that 9 we should at least have a fair opportunity for 10 a person to respond to a police officer. 11 And furthermore, he raises the 12 penalty from a B to an A. And I think that's 13 also a problem for me, because in the case of 14 young people we don't want to be increasing 15 the penalties. 16 There is a lot of discussion these 17 days, Madam President, about the problem that 18 we have for some young people in our society 19 that there is a pathway from the -- from 20 cradle to prison. It's especially in the case 21 of young African-American males, that they are 22 born into a situation where it is almost a 23 direct path from the cradle to the prison. 24 It's called the cradle-to-the-prison pipeline. 25 And I consider this to be part of

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(518) 371-8910 1 how the pipeline works. And so I'm going to 2 continue to oppose this legislation. I think 3 that it's not necessary to help police 4 officers to do a better job enforce the law. 5 And it certainly will have the impact of 6 increasing the penalties and in fact ensnaring 7 more particularly young people into it. I'm 8 voting no. 9 THE PRESIDENT: Does any other 10 member wish to be heard? 11 Then the debate is closed. 12 The Secretary will ring the bell. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE PRESIDENT: The Secretary 20 will announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1207 are 23 Senators Duane, Hassell-Thompson, Montgomery 24 and Parker. 25 Absent from voting: Senator

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(518) 371-8910 1 Gonzalez. 2 Ayes, 53. Nays, 4. 3 THE PRESIDENT: The bill is 4 passed. 5 Senator Skelos, that completes the 6 reading of the calendar. 7 SENATOR SKELOS: Thank you, Madam 8 President. Is there any further business at 9 the desk? 10 THE PRESIDENT: No, there isn't. 11 SENATOR SKELOS: There being 12 none, I move we stand adjourned until Tuesday, 13 June 6th, at 3:00 p.m. 14 THE PRESIDENT: On motion, the 15 Senate now stands adjourned until Tuesday, 16 June 6th, at 3:00 p.m. 17 (Whereupon, at 4:38 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25

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(518) 371-8910