Tuesday, June 6, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 6, 2006 11 3:02 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 ACTING PRESIDENT LITTLE: The 3 Senate will 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 ACTING PRESIDENT LITTLE: The 10 invocation today will be given by the Reverend 11 Donald Dixon, pastor of the First Baptist 12 Church of Little Falls. 13 REVEREND DIXON: Let us pray. 14 Heavenly Father, I thank You for 15 our country, our state and those who have been 16 elected to lead and serve us. May these 17 members of the [Senate] look to You for 18 guidance in directing the affairs of our 19 state. 20 Give them wisdom as they go about 21 their activities. May they always have as 22 their goals the best interests of the people 23 who they serve. May our leaders understand 24 and follow the principles put forth in Your 25 word.

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(518) 371-8910 1 I pray that they may be men and 2 women who hold to high moral and ethical 3 standards, realizing that ultimately they are 4 responsible to You for how they conduct 5 themselves as leaders. 6 I pray this as a Christian minister 7 of the Gospel in the name that is above every 8 name, the Lord Jesus. 9 Amen. 10 ACTING PRESIDENT LITTLE: Thank 11 you, Pastor Dixon. 12 Reading of the Journal. 13 THE SECRETARY: In Senate, 14 Monday, June 5, the Senate met pursuant to 15 adjournment. The Journal of Sunday, June 4, 16 was read and approved. On motion, Senate 17 adjourned. 18 ACTING PRESIDENT LITTLE: Without 19 objection, the Journal stands approved as 20 read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 24 Reports of standing committees. 25 Reports of select committees.

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(518) 371-8910 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Thank you, 6 Madam President. 7 Amendments are offered to the 8 following Third Reading Calendar bills: 9 Sponsored by Senator Volker, page 10 number 11, Calendar Number 114, Senate Print 11 Number 1617A; 12 By Senator Golden, page number 18, 13 Calendar Number 323, Senate Print Number 3078; 14 By Senator LaValle, page number 60, 15 Calendar Number 1167, Senate Print Number 16 1633A; 17 By Senator LaValle, page number 71, 18 Calendar Number 1298, Senate Print Number 19 6804A; 20 By Senator Flanagan, page number 21 82, Calendar Number 1413, Senate Print Number 22 7154; 23 By Senator Padavan, page number 29, 24 Calendar Number 628, Senate Print Number 25 2164A.

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(518) 371-8910 1 I now move that these bills retain 2 their place on Third Reading Calendar. 3 ACTING PRESIDENT LITTLE: The 4 amendments are received, and the bills will 5 retain their place on Third Reading Calendar. 6 SENATOR FUSCHILLO: Madam 7 President, on behalf of Senator Volker, I wish 8 to call up Senate Print Number 6334A, having 9 passed both houses and not delivered to the 10 Governor. 11 ACTING PRESIDENT LITTLE: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 339, by Senator Volker, Senate Print 6334A, an 15 act to amend Chapter 185 of the Laws of 2005. 16 SENATOR FUSCHILLO: I now move to 17 reconsider the vote by which the bill was 18 passed, and ask that said bill be restored to 19 the order of third reading. 20 ACTING PRESIDENT LITTLE: Call 21 the roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 41. 24 SENATOR FUSCHILLO: I now offer 25 up the following amendments.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 amendments are received. And that bill was 3 passed. 4 SENATOR FUSCHILLO: On behalf of 5 Senator LaValle, I wish to call up Senate 6 Print Number 1626, recalled from the Assembly, 7 which is now at the desk. 8 ACTING PRESIDENT LITTLE: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 451, by Senator LaValle, Senate Print 1626, an 12 act to amend the Criminal Procedure Law. 13 SENATOR FUSCHILLO: I now move to 14 reconsider the vote by which the bill was 15 passed. 16 ACTING PRESIDENT LITTLE: Call 17 the roll on reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 41. 20 SENATOR FUSCHILLO: I now offer 21 the following amendments. 22 ACTING PRESIDENT LITTLE: The 23 amendments are received. 24 SENATOR FUSCHILLO: On behalf of 25 Senator Balboni, I wish to call up Senate

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(518) 371-8910 1 Print Number 6783, recalled from the Assembly, 2 which is now at the desk. 3 ACTING PRESIDENT LITTLE: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 678, by Senator Balboni, Senate Print 6783, an 7 act authorizing the assessor of the County of 8 Nassau. 9 SENATOR FUSCHILLO: I now move to 10 reconsider the vote by which the bill was 11 passed. 12 ACTING PRESIDENT LITTLE: The 13 Secretary will call the roll on 14 reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 41. 17 SENATOR FUSCHILLO: I now offer 18 the following amendments. 19 ACTING PRESIDENT LITTLE: The 20 amendments are received. 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 I believe there are substitutions at the desk, 24 if we could make them at this time. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: On page 35, 3 Senator Connor moves to discharge, from the 4 Committee on Local Government, Assembly Bill 5 Number 9193 and substitute it for the 6 identical Senate Bill Number 6023, Third 7 Reading Calendar 785. 8 On page 62, Senator Fuschillo moves 9 to discharge, from the Committee on Consumer 10 Protection, Assembly Bill Number 11141 and 11 substitute it for the identical Senate Bill 12 Number 7887, Third Reading Calendar 1202. 13 On page 65, Senator Farley moves to 14 discharge, from the Committee on Veterans, 15 Homeland Security and Military Affairs, 16 Assembly Bill Number 974 and substitute it for 17 the identical Senate Bill Number 7384, Third 18 Reading Calendar 1240. 19 On page 69, Senator Spano moves to 20 discharge, from the Committee on Local 21 Government, Assembly Bill Number 10070 and 22 substitute it for the identical Senate Bill 23 Number 6701, Third Reading Calendar 1277. 24 On page 69, Senator Little moves to 25 discharge, from the Committee on Local

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(518) 371-8910 1 Government, Assembly Bill Number 8974A and 2 substitute it for the identical Senate Bill 3 Number 7273, Third Reading Calendar 1282. 4 On page 71, Senator LaValle moves 5 to discharge, from the Committee on Higher 6 Education, Assembly Bill Number 10878 and 7 substitute it for the identical Senate Bill 8 Number 7400, Third Reading Calendar 1299. 9 And on page 84, Senator Robach 10 moves to discharge, from the Committee on 11 Veterans, Homeland Security and Military 12 Affairs, Assembly Bill Number 10038 and 13 substitute it for the identical Senate Bill 14 Number 6908, Third Reading Calendar 1431. 15 ACTING PRESIDENT LITTLE: The 16 substitutions are so ordered. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 there's a resolution at the desk, 5652, by 20 Senator Robach. If we could have it read in 21 its entirety and move for its immediate 22 adoption. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Robach, Legislative Resolution Number 5652, 3 congratulating student-athlete Jason McElwain 4 and the Greece Athena High School Boys 5 Basketball Team for their outstanding 6 accomplishments and overall team record. 7 "WHEREAS, Excellence and success in 8 competitive sports can be achieved only 9 through strenuous practice, team play and team 10 spirit, nurtured by dedicated coaching and 11 strategic planning; and 12 "WHEREAS, Athletic competition 13 enhances the moral and physical development of 14 the young people of this state, preparing them 15 for the future by instilling in them the value 16 of teamwork, encouraging a standard of healthy 17 living, imparting a desire for success, and 18 developing a sense of fair play and 19 competition; and 20 "WHEREAS, Jason McElwain, a 21 17-year-old senior at Greece Athena High 22 School near Rochester, New York, has done 23 everything he was asked to do for the varsity 24 boys basketball team -- keep the stats, 25 operate the clock, and hand out water bottles.

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(518) 371-8910 1 That all changed for the team manager on 2 Wednesday, February 15, 2006, in the final 3 home game of the season; and 4 "WHEREAS, Team Manager Jason 5 McElwain put on a uniform with four minutes 6 left and entered the game with his team way 7 ahead in the lead. He proceed to hit six 8 3-point shots, finished with 20 points, and 9 was carried off the court on his teammates' 10 shoulders, with deafening cheers from the 11 crowd after his team's 79-43 victory over 12 Spencerport; and 13 "WHEREAS, Jason McElwain served as 14 team manager to both varsity and junior 15 varsity teams, doing anything to stay near the 16 sport he loves. His coach, Jim Johnson, was 17 so impressed with his dedication that he 18 decided to suit Jason up for the final home 19 game; and 20 "WHEREAS, After the stellar home 21 finale, the Greece Athena Trojans High School 22 Boys Basketball Team advanced to the 23 postseason to become the Section V Class AA 24 champions; and 25 "WHEREAS, In front of at least

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(518) 371-8910 1 8,000 fans, family, and friends at Blue Cross 2 Arena at the War Memorial, senior guard Steve 3 Kerr scored a game-high 19 points and the 4 tournament MVP Rickey Wallace added 16 points 5 to lead the Trojans to a 54-51 comeback 6 victory over Irondequoit High School; and 7 "WHEREAS, The athletic talent 8 displayed by this team is due in great part to 9 the efforts of Coach Jim Johnson, a skilled 10 and inspirational tutor, respected for his 11 ability to develop potential into excellence; 12 and 13 "WHEREAS, Coach Jim Johnson has 14 done a superb job in guiding, molding and 15 inspiring the team members toward their goals; 16 and 17 "WHEREAS, Sports competition 18 instills the values of teamwork, pride and 19 accomplishment, and Coach Jim Johnson and the 20 outstanding athletes on the Greece Athena High 21 School Boys Basketball Team have clearly made 22 a contribution to the spirit of excellence 23 which is a tradition of their school; now, 24 therefore, be it 25 "RESOLVED, That this Legislative

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(518) 371-8910 1 Body pause in its deliberations to 2 congratulate the Greece Athena High School 3 Boys Basketball Team, its members -- Brian 4 Benson, Kyle Boline, Matthew Davies, Devin De 5 Point, Kourtney Goff, Levar Goff, R.J. Kalb, 6 Stephen Kerr, Richard Kirton, Michael Long, 7 Terrance McCutchen, Matthew Sheehan, John 8 Swartz, Robert Tixa, Rickey Wallace and Robert 9 Zappia -- the inspirational Team Manager Jason 10 McElwain, and Coach Jim Johnson on their 11 outstanding season and overall team record; 12 and be it further 13 "RESOLVED, That copies of this 14 resolution, suitably engrossed, be transmitted 15 to the Greece Athena High School Boys 16 Basketball Team and to Coach Jim Johnson." 17 THE PRESIDENT: Senator Robach. 18 SENATOR ROBACH: Yes, Madam 19 President. 20 I am just honored and delighted to 21 have these great young men, their coaches, 22 some of the parents here today -- not only to 23 acknowledge their great athletic achievement, 24 but they're also very nice young men, good 25 student athletes, and a pleasure to be around.

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(518) 371-8910 1 And above and beyond the great 2 accomplishments the team had this year and 3 moving through the playoffs and the 4 sectionals, no matter where you were, whether 5 you're a sports fan or not a sports fan, 6 certainly the teamwork and what JMac 7 accomplished this year really brought a tear 8 to everyone's eye, in the spirit of can-do 9 attitude, always being prepared, working for 10 that day when you get your chance. And he 11 made the most of it. I think the word that 12 comes to mind is inspirational. 13 And while this happened right in 14 our backyard, in Greece, New York, this was a 15 message for people across the state, across 16 the nation and across this country that no 17 matter what you have to deal with, if you 18 persevere, you're surrounded by the right 19 environment, the right encouragement, you too 20 can hit your peak and prosper. 21 And it was something that 22 certainly, whether you saw it on regular 23 television, ESPN, the news or whatever, I'll 24 remember for my whole life. 25 And I want to thank not only JMac

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(518) 371-8910 1 but Coach Johnson, the parents, the whole team 2 for their contribution in providing us with 3 something that not only makes me proud, being 4 from the same town, but also proud as a human 5 being, really showing people what it's like 6 and how people can flourish. 7 So, boys, great job. We're happy 8 you're here. We hope you enjoy the day. And 9 they're all there -- I'm not going to read 10 everybody's name, but if you want to stand up, 11 thanks for your great accomplishment and we 12 wish you all the best in the future. 13 (Applause.) 14 THE PRESIDENT: Senator Nozzolio. 15 SENATOR NOZZOLIO: Thank you, 16 Madam President. 17 Madam President, I rise to support 18 Senator Robach's excellent resolution on 19 behalf of this fine group of young athletes 20 from, and I'd like to emphasize, Section V. 21 Although I don't represent Greece, I represent 22 a wide swath of Section V. And I want to say 23 that the athletes from Greece Athena, although 24 not from my district, certainly we were very 25 proud of all your accomplishments as

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(518) 371-8910 1 representative of not just your school but the 2 entire region of Section V, a multicounty 3 region that has produced great state champions 4 in the past. 5 I must say this team in particular 6 did us special pride. They are champions. 7 And, Madam President, it was an honor to have 8 these fine young men from Section V represent 9 us in athletic endeavor. 10 Thank you very much. 11 THE PRESIDENT: Senator Alesi. 12 SENATOR ALESI: Thank you, Madam 13 President. 14 As someone who also represents 15 Monroe County, it would be hard for me not to 16 stand and speak and congratulate the entire 17 team -- JMac especially -- but also to note 18 how important it is for a team working 19 together and a coach taking a shot on a young 20 man and the young man performing in the most 21 remarkable fashion that he did and the way 22 that his teammates have embraced that, and how 23 they've all gone on together to be ambassadors 24 and to show us that when we're looking for 25 inspiration on a daily basis, we might find it

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(518) 371-8910 1 in the most unusual places. And here we see 2 it in this group of fine people in our gallery 3 today. 4 I'm proud to be a representative of 5 the area, proud to join my colleagues, 6 especially Senator Robach, who represents 7 Greece Athena, and proud of the efforts and 8 the accomplishments of the entire team. 9 And, JMac, good luck to you too as 10 well. 11 THE PRESIDENT: The question now 12 is on the resolution. All in favor please 13 signify by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The resolution is 18 adopted. 19 Congratulations. And we're 20 confident you're going to have similar success 21 down the road. Best wishes to you. 22 Senator Skelos. 23 SENATOR SKELOS: Madam President, 24 Resolution 4197, by Senator Bonacic, was 25 adopted on March 28th. If we could have it

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(518) 371-8910 1 read in its entirety at this time and then 2 recognize Senator Bonacic. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: By Senator 6 Bonacic, Legislative Resolution Number 4197, 7 congratulating the South Kortright High School 8 Girls Basketball Team and Coach Harry Nissen 9 upon the occasion of capturing the 2006 10 New York State Class D Championship. 11 "WHEREAS, Excellence and success in 12 competitive sports can be achieved only 13 through strenuous practice, team play and team 14 spirit, nurtured by dedicated coaching and 15 strategic planning; and 16 "WHEREAS, Athletic competition 17 enhances the moral and physical development of 18 the young people of this state, preparing them 19 for the future by instilling in them the value 20 of family work, encouraging a standard of 21 healthy living, imparting a desire for 22 success, and developing a sense of fair play 23 and competition; and 24 "WHEREAS, The South Kortright High 25 School Girls Basketball Team are the 2006

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(518) 371-8910 1 New York State Class D Champions; and 2 "WHEREAS, The South Kortright High 3 School Girls Basketball Team defeated Chapel 4 Field High School 72-50 at Hudson Valley 5 Community College to win the state title; and 6 "WHEREAS, The athletic talent 7 displayed by this team is due in great part to 8 the efforts of Coach Harry Nissen, a skilled 9 and inspirational tutor, respected for his 10 ability to develop potential into excellence; 11 and 12 "WHEREAS, The team's overall record 13 is outstanding, and the team members were 14 loyally and enthusiastically supported by 15 family, fans, friends and the community at 16 large; and 17 "WHEREAS, The hallmarks of the 18 South Kortright High School Girls Basketball 19 Team, from the opening game of the season to 20 participation in the championship, were a 21 sisterhood of athletic ability, of good 22 sportsmanship, of honor and of scholarship, 23 demonstrating that these team players are 24 second to none; and 25 "WHEREAS, Athletically and

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(518) 371-8910 1 academically, the team members have proven 2 themselves to be an unbeatable combination of 3 talents, reflecting favorably on their school; 4 and 5 "WHEREAS, Coach Harry Nissen has 6 done a superb job in guiding, molding and 7 inspiring the team members toward their goals; 8 and 9 "WHEREAS, Sports competition 10 instills the values of teamwork, pride and 11 accomplishment, and Coach Harry Nissen and the 12 outstanding athletes on the South Kortright 13 High School Girls Basketball Team have clearly 14 made a contribution to the spirit of 15 excellence which is a tradition of their 16 school; now, therefore, be it 17 "RESOLVED, That this Legislative 18 Body pause in its deliberations to 19 congratulate the South Kortright High School 20 Girls Basketball Team and Coach Harry Nissen 21 on their outstanding season and overall team 22 record; and be it further 23 "RESOLVED, That copies of this 24 resolution, suitably engrossed, be transmitted 25 to the South Kortright High School Girls

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(518) 371-8910 1 Basketball Team and to Coach Harry Nissen." 2 THE PRESIDENT: Senator Bonacic. 3 SENATOR BONACIC: Thank you, 4 Madam President. Looks like today is 5 "basketball recognition day." 6 And as you know, yesterday when you 7 spoke to our val/sal gathering, we had three 8 students from South Kortright in Delaware 9 County. They had such a wonderful time that 10 we invited 10 female students from South 11 Kortright today. 12 And I want to congratulate these 10 13 talented women who won the state division 14 basketball championship, Division D. They're 15 accompanied by their coach, Harry Nissen, and 16 the assistant coach, Patti McGrail. 17 And we have spent some time with 18 these ladies. They're not only good athletes, 19 they're talented human beings. And in some of 20 the discussions, what I tried to point out to 21 them -- and which they've agreed -- when you 22 play a sport, you learn several 23 characteristics that prepare you for life. 24 You learn to play as a team to depend and 25 trust each other. You learn how to always

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(518) 371-8910 1 work hard in order to excel. You also learn 2 that you have to overcome adversity to 3 prevail. And having these characteristics I 4 think prepares you for life. 5 I enjoyed very much our meeting. I 6 wish you the best as you continue your high 7 school career and college career. And out of 8 the 10 ladies that are here today, three are 9 going on to college and the other seven are 10 coming back. So this is their first 11 championship ever in South Kortright, and we 12 hope many more we'll see in the future. We 13 enjoy having you. 14 Thank you very much, Madam 15 President. 16 (Applause.) 17 THE PRESIDENT: On the 18 resolution, all in favor please signify by 19 saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: And it's now been 22 adopted again. So this is definitely 23 appropriate recognition of your talents. Best 24 wishes for continued success. 25 Why don't you stand. We want to

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(518) 371-8910 1 acknowledge you like the other team. 2 Congratulations. 3 (Applause.) 4 SENATOR SKELOS: Madam President, 5 if we could have the title read on Senator 6 Malcolm Smith's resolution, Number 5659, and 7 move for its immediate adoption. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: By Senator 11 Malcolm Smith, Legislative Resolution Number 12 5659, commending Ana Michele Douyon upon the 13 occasion of receiving Honorable Mention in the 14 2006 Art Contest of the Disabilities Awareness 15 Program, sponsored by the New York State 16 Commission on Quality of Care and Advocacy for 17 Persons with Disabilities. 18 THE PRESIDENT: Senator Malcolm 19 Smith. 20 SENATOR MALCOLM SMITH: Thank you 21 very much, Madam President. 22 And while this is not related to 23 basketball, it does relate to one of our young 24 people, one of our shining stars in our 25 community. And I think it's always a good

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(518) 371-8910 1 thing when you can stand up on the floor of 2 the Senate, especially the floor of the New 3 York State Senate, and be proud about a young 4 person in your community who has done 5 something and done something very well. 6 Ana Michele Douyon, who entered 7 into the 2006 Arts Contest for the 8 Disabilities Awareness Program, when she did 9 the artwork she had no idea that she was going 10 to get a call one day from the State of 11 New York, from the Governor's office, that 12 says: Ana, your project actually was 13 successful, it was great art, and that it 14 actually won an honorable mention and would 15 actually be given an award where she would 16 have to come to the Executive Mansion. 17 Ana Michele was honored to receive 18 that phone call. Her teacher was honored to 19 know that it happened. And I will tell you, 20 when she visited me today in my office, 21 everything was going well until she mentioned 22 she went to Sacred Heart. Well, I went to 23 St. Catherine's, which was a rival to my 24 elementary school. And so we're having a 25 great meeting till we got to the point Sacred

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(518) 371-8910 1 Heart came up. But thereafter, things went 2 back upward. 3 So I'm happy today that she is 4 joined by her mother, Florence, her father, 5 Anthony. She's joined by her brother, Ammon. 6 She's joined by her grandmother, Gisele -- 7 Gisele is here -- and her teacher, 8 Mrs. Brereton, and her teacher's husband. So 9 if they would just stand. 10 And I would just ask the members of 11 the Senate to honor Ana Michele. She's a 12 second-grade young lady from the school of 13 Sacred Heart. 14 (Applause.) 15 THE PRESIDENT: All in favor of 16 the resolution please signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The resolution is 21 adopted. 22 Congratulations to you, and best 23 wishes. Thank you for joining us. 24 Senator Johnson. 25 SENATOR JOHNSON: Madam

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(518) 371-8910 1 President, it's wonderful to see all these 2 youngsters being honored today for their 3 activities in sports. 4 We have a group from my district, 5 I'm very honored to be here, called my 6 "Senator for a Day" members. And they come up 7 here every two years, and they visit with us. 8 And right up here, the 28 members from my 9 school district, they're all honor students, 10 they're all motivated. They might end up in 11 this chamber representing the people one of 12 these days. But for the moment, they're 13 finishing up their education. 14 They took a tour around the 15 Capitol, they're going to the museum, they've 16 been up in the tower, they learned a little 17 bit about their government, and they're here 18 to observe us perform. And I'm very honored 19 that they came to join us and hope they have a 20 wonderful day. And they'll be here for a few 21 more hours, then heading back for home. 22 And it's nice to have you with us. 23 Have a great day. 24 THE PRESIDENT: Thank you. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 if we could adopt the balance of the 3 Resolution Calendar in its entirety. 4 THE PRESIDENT: All in favor of 5 the remainder of the Resolution Calendar 6 please signify by saying aye. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed, nay. 9 (No response.) 10 THE PRESIDENT: The remainder of 11 the Resolution Calender is so adopted. 12 Senator Skelos. 13 SENATOR SKELOS: If we could go 14 to the noncontroversial reading of the 15 calendar. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 171, by Senator Skelos, Senate Print 980A, an 20 act to amend the Public Health Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 51. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 225, by Senator Seward, Senate Print 1372, an 7 act to amend the Insurance Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 51. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 241, by Senator Spano, Senate Print 5755B, an 19 act to amend the Tax Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 7. This 23 act shall take effect March 1, 2006. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 49. Nays, 2 2. Senators Balboni and Duane recorded in the 3 negative. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 367, by Senator Padavan, Senate Print 3266, an 8 act to amend the Real Property Tax Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 6. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 51. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 546, by Senator Saland, Senate Print 6762A, an 20 act to authorize the Town of Wappinger, County 21 of Dutchess. 22 THE PRESIDENT: There is a 23 home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 5. 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, 51. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 607, by Senator Farley, Senate Print 6432A, an 9 act to amend Chapter 698 of the Laws of 1991 10 amending the Public Authorities Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 52. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 695, by Senator LaValle, Senate -- 22 SENATOR SKELOS: Lay it aside for 23 the day. 24 THE PRESIDENT: The bill is laid 25 aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 726, by Senator Bonacic, Senate Print 6952B, 3 an act to authorize the City of Port Jervis. 4 THE PRESIDENT: There is a 5 home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 52. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 729, by Senator Skelos, Senate Print 7171B, an 16 act to authorize. 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, 52. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 752, by Senator Spano, Senate Print 7318A, an 3 act to amend the Labor Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 52. Nays, 11 1. Senator Rath recorded in the negative. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 753, by Senator Maziarz, Senate Print 7321B, 16 an act to amend the Labor Law. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 774, by Senator Trunzo, Senate Print 7134, an 5 act to amend the Correction Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 53. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 785, substituted earlier today by Member of 18 the Assembly Millman, Assembly Print Number 19 9193, an act to authorize the Cobble Hill 20 Playgroup, Inc. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LITTLE: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 52. Nays, 4 1. Senator Larkin recorded in the negative. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 815, by Senator Balboni, Senate Print -- 9 SENATOR SKELOS: Lay it aside for 10 the day. 11 ACTING PRESIDENT LITTLE: The 12 bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 822, by Senator Robach, Senate Print 1906, an 15 act to amend the Real Property Actions and 16 Proceedings Law. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 52. Nays, 25 2. Senators Meier and Winner recorded in the

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(518) 371-8910 1 negative. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 958, by Senator Marcellino, Senate Print 7283, 6 an act to amend the Education Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 11. This 10 act shall take effect on the first of July. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 54. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1053, by Senator Marcellino, Senate Print 676, 19 an act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT LITTLE: Senator 3 Krueger, to explain her vote. 4 SENATOR LIZ KRUEGER: Thank you 5 very much, Madam President. 6 We debated this bill extensively 7 last year. And the concern was that the 8 definitions of who would be eligible for 9 handicapped parking in the City of New York 10 who lived outside of the City of New York and 11 the limitations, the very serious limitations 12 on street availability for more cars, led 13 several of us to vote against that bill. 14 And I will continue to vote against 15 the bill, not as a vote against recognizing 16 the added problems of people with serious 17 handicaps and their necessity of being able to 18 move around our city but, rather, the 19 recognition that simply saying that large 20 numbers of people would suddenly have access 21 to parking in no-parking zones in the City of 22 New York would be an enormous problem, 23 particularly in my district of Midtown and the 24 East Side of Manhattan, where literally you 25 cannot cross the street in some intersections

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(518) 371-8910 1 because of the sheer volume of vehicles. 2 So I will continue to vote no for 3 this bill. 4 Thank you, Madam President. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Krueger will be recorded in 8 the negative. 9 Senator Padavan, to explain his 10 vote. 11 SENATOR PADAVAN: Yes, Madam 12 President. 13 This bill I think makes sense. If 14 someone is disabled and has received an 15 appropriate permit, no matter where the 16 jurisdiction is, we are one state. That fact 17 of disability should be acknowledged and 18 honored by any other jurisdiction in the 19 state. And so I will be voting for this bill. 20 However, I do feel that there is 21 one issue -- in talking to Senator Marcellino, 22 he intends to deal with that problem -- is 23 that residents of New York City who have 24 handicapped parking permits are not 25 acknowledged in certain jurisdictions outside

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(518) 371-8910 1 the City of New York. 2 And I have had specific instances 3 of seniors, handicapped, going into Nassau 4 County, which is on the border of my district, 5 parking in a handicapped zone and getting a 6 ticket because their tag was New York City. 7 And so I think we should address 8 that as well. There should be total 9 reciprocity. If you're handicapped and you 10 have a permit, no matter where you are in this 11 great state, you should be given the 12 opportunity of parking in a handicapped space. 13 I vote aye. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Padavan will be recorded in 17 the affirmative. 18 Senator Marcellino, to explain his 19 vote. 20 SENATOR MARCELLINO: Yes, Madam 21 President. I rise to explain my vote. 22 It is a concept, as Senator Padavan 23 just talked about, of fairness. And I will 24 address the concerns that the good Senator 25 raised by amending the bill next time around.

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(518) 371-8910 1 This concept that mass numbers of 2 people would charge into the city to park in 3 handicapped spaces, it's just plain silly. 4 That simply isn't going to happen. 5 There are needs, however, of people 6 on Long Island and other areas of the state 7 who have to travel into the city for medical 8 purposes, for other reasons, and a handicapped 9 spot would be useful. And I think that is a 10 matter of plain fairness. 11 The concept of this mass migration 12 business is plain silly, as I said before. So 13 I'll be voting aye. And hopefully this bill 14 will be amended and it will pass unanimously 15 next time. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Marcellino will be recorded 19 in the affirmative. 20 Senator Schneiderman, to explain 21 his vote. 22 SENATOR SCHNEIDERMAN: Thank you, 23 Madam President, very briefly. 24 I hope that we can move forward on 25 this issue. I think Senator Marcellino has

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(518) 371-8910 1 called our attention to something that is -- 2 that really, I think, resonates with everyone 3 in this room, that there's a fundamental 4 injustice if people are -- some folks are 5 allowed to park because they have a permit for 6 disability parking and others are not. 7 The problem that has been raised is 8 that the parking systems are very different in 9 different parts of the state. New York City, 10 again, does not have disabled parking slots 11 specifically, so the permits enable people to 12 park pretty much anywhere. And second of all, 13 there's no uniformity, there are no standards 14 to determine exactly who gets these permits 15 and what they can be used for. 16 So I would suggest that an approach 17 that's more likely to result in a law to help 18 us move forward and actually address this 19 problem would be to provide for some sort of 20 uniformity, some sort of coherence to the 21 system that would ensure the City of New York, 22 which is obviously concerned about this, that 23 there aren't permits being issued with lesser 24 standards and there aren't permits being 25 issued that can be taken off and moved from

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(518) 371-8910 1 car to car. 2 That sort of approach I think would 3 get the support of everyone in this house and 4 would enable us to move forward in the other 5 house as well. 6 In the absence of something 7 providing for some uniformity of both what the 8 permits mean and how they are issued, I'm 9 going to be voting no again, Madam President. 10 Thank you. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Schneiderman will be 14 recorded in the negative. 15 Senator Hassell-Thompson, to 16 explain her vote. 17 SENATOR HASSELL-THOMPSON: Yes. 18 It's very rarely that I am not in agreement 19 with most of what goes on in New York City. 20 But somehow I think I'm having a problem here 21 trying to understand how someone who has been 22 issued a handicapped sticker and is 23 handicapped in a particular borough and they 24 suddenly don't have a handicapping condition 25 anywhere else.

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(518) 371-8910 1 You know -- and I think that what 2 we need to be doing, as was already stated, we 3 need to be addressing this issue universally 4 in terms of how do you ensure that people who 5 have who a handicapping condition receive 6 reciprocity. And that's -- you know, I guess 7 that's where my issue lies. 8 And I'm not sure that I'm 9 comfortable that we have addressed this in 10 this bill or in the way in which we proceed 11 that we go forward. 12 ACTING PRESIDENT LITTLE: Thank 13 you, Senator. 14 Senator Hassell-Thompson, how do 15 you vote? 16 SENATOR HASSELL-THOMPSON: 17 Somehow I didn't vote no on it before, but I 18 think I will be voting no on it today. 19 ACTING PRESIDENT LITTLE: You 20 will be recorded in the negative. 21 Senator Diaz, to explain his vote. 22 SENATOR DIAZ: Thank you, Madam 23 President. 24 I'm also in support of this bill. 25 I think that if you are handicapped, you are

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(518) 371-8910 1 handicapped anywhere, everywhere, and all the 2 time. I don't think that people should be 3 handicapped in the City of New York and not be 4 handicapped in Yonkers or not be handicapped 5 in Albany. 6 If you are a handicapped person, 7 you are handicapped in New York City, in 8 Albany, whatever. And if Albany or the City 9 of New York issue a permit, a handicapped 10 permit, that should be valid all over the 11 state. 12 So I'm in support of this bill, and 13 I think that handicapped people deserve our 14 support. And I support the sponsor of the 15 bill. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Diaz will be recorded in 19 the affirmative. 20 The Secretary will announce the 21 results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1053 are 24 Senators Dilan, Hassell-Thompson, L. Krueger, 25 Montgomery, Parker, Sabini, Savino,

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(518) 371-8910 1 Schneiderman and Stavisky. 2 Ayes, 50. Nays, 9. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1075, by Senator Marchi, Senate Print 7433, an 7 act to amend the Retirement and Social 8 Security Law. 9 SENATOR SKELOS: Lay it aside for 10 the day. 11 ACTING PRESIDENT LITTLE: The 12 bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 1116, by Senator Trunzo, Senate Print 7542A, 15 an act in relation to authorizing the Town of 16 Brookhaven. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. Nays, 25 1. Senator Bonacic recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1117, by Senator Morahan, Senate Print 4542, 5 an act to amend the Mental Hygiene Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the first of January. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1120, by Senator LaValle, Senate Print 419C, 18 an act to amend the Education Law. 19 ACTING PRESIDENT LITTLE: Read 20 the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect on the 180th day. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. Nays, 2 2. Senators Connor and Padavan recorded in 3 the negative. 4 ACTING PRESIDENT LITTLE: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1134, by Senator Bruno, Senate Print -- 8 SENATOR SKELOS: Lay it aside 9 temporarily. 10 ACTING PRESIDENT LITTLE: The 11 bill is laid aside temporarily. 12 THE SECRETARY: Calendar Number 13 1163, by Senator Little, Senate Print 720A, an 14 act to amend the Tax Law. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect June 1, 2006. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT LITTLE: Senator 23 Krueger, to explain your vote. 24 SENATOR LIZ KRUEGER: Thank you, 25 Madam President.

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(518) 371-8910 1 While I do understand the issue of 2 needing to produce snow for ski areas, again, 3 just for the record, we have an energy crisis, 4 we should be discouraging use of fossil fuels 5 and gasoline. 6 And I hope that there is a model 7 where ski areas could use clean-energy models 8 and alternative energy to produce their snow. 9 And maybe is answer is there are or that they 10 would be motivated to do so. 11 But just continuing on my record 12 that I vote against tax reductions for the use 13 of fossil fuels and energy, I'll be voting no 14 on this. But hoping that, like every other 15 industry in the State of New York, our ski 16 areas figure out to how to produce snow 17 without using environmentally harmful or short 18 resources and, rather, move to 19 alternative-energy models. 20 So thank you very much; I'll be 21 voting no. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Krueger will be recorded in 25 the negative.

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(518) 371-8910 1 The Secretary will announce the 2 results. 3 THE SECRETARY: Ayes, 58. Nays, 4 2. Senators Duane and L. Krueger recorded in 5 the negative. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1177, by Senator Morahan, Senate Print 6825A, 10 an act to amend the Executive Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the 180th day. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1202, substituted earlier today by Member of 23 the Assembly Pheffer, Assembly Print Number 24 11141, an act to amend the General Business 25 Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1206, by Senator Balboni, Senate Print 930, an 13 act to amend the Civil Practice Law and Rules. 14 SENATOR SCHNEIDERMAN: Lay it 15 aside. 16 ACTING PRESIDENT LITTLE: The 17 bill is laid aside. 18 THE SECRETARY: Calendar Number 19 1210, by Senator Skelos, Senate Print 2393, an 20 act to amend the Penal Law. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the first of 25 November.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1210 are 6 Senators Duane, Maziarz, Montgomery, Nozzolio 7 and Young. 8 Ayes, 55. Nays, 5. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 SENATOR BRUNO: Madam President, 12 can we at this time return to Calendar 1134. 13 I believe I have a bill I'd like to bring 14 before the floor. 15 ACTING PRESIDENT LITTLE: The 16 Secretary will read Calendar Number 1134. 17 THE SECRETARY: Calendar Number 18 1134, by Senator Bruno, Senate Print 1370, 19 Concurrent Resolution of the Senate and 20 Assembly proposing amendments to the 21 Constitution. 22 ACTING PRESIDENT LITTLE: Senator 23 Bruno. 24 SENATOR BRUNO: Yes, Madam 25 President, to explain my vote.

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(518) 371-8910 1 This resolution really gives first 2 passage to initiative and referendum, which 3 brings subjects -- as you all know, because we 4 have passed this in this house before -- 5 before the people. Important issues, when 6 they follow certain procedures, can be voted 7 on directly by the public in a referendum. 8 And these are issues that may not come before 9 the Legislature in any other way. 10 We would encourage passage here 11 again. And we're encouraging the Assembly to 12 join us for first passage. Second passage 13 would be next year in the legislative session 14 and then go before the people of this state 15 for, hopefully, ratification. 16 Critically important. Life, 17 liberty, pursuit of happiness -- that's what 18 life is all about here in New York. And this 19 chamber has been extremely supportive. 20 Thank you, Madam President. Thank 21 you, colleagues. I vote in favor. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 The Secretary will call the roll on 25 the resolution.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT LITTLE: Senator 3 Bonacic, to explain his vote. 4 SENATOR BONACIC: Thank you, 5 Madam President. 6 First of all, I'd like to 7 congratulate Senator Bruno for bringing this 8 bill to the floor. This is a piece of 9 legislation that's the most powerful weapon 10 and tool we can give to the people of the 11 State of New York to make judgments on their 12 government. 13 And anyone who -- I'm shocked that 14 people would vote against this bill, because, 15 to me, anyone who votes against this bill is 16 afraid of the influence of the people's vote 17 to participate in democracy and change 18 government for the issues that they are not 19 satisfied with. 20 So I wholeheartedly support this 21 constitutional amendment, and I would urge my 22 colleagues to support it also. 23 Thank you very much, Madam 24 President. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Bonacic will be recorded in 3 the affirmative. 4 Senator Diaz, to explain his vote. 5 SENATOR DIAZ: Thank you, Madam 6 President. I'm also in support of this bill. 7 I think that some people might say 8 that we don't need this bill because the 9 people sent us here to represent them; 10 therefore, we are representing the people, so 11 the people doesn't have to get involved in the 12 issues. 13 Well, ladies and gentlemen, yes, 14 it's a good bill. And I congratulate Senator 15 Bruno. Senator Bruno, I congratulate you on 16 this bill. It's a good bill. And I think 17 that -- I want to tell you the reason why I 18 think that it is a good bill. 19 There are certain things that 20 people should decide to be able to be put into 21 referendum -- gay marriage, abortion. People 22 should put that in a referendum and let the 23 people decide. And let the whole state, the 24 whole nation decide. 25 That's why I'm supporting President

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(518) 371-8910 1 Bush's amendment to the Constitution, because 2 people should decide. Let the people put the 3 referendum and let the people decide what has 4 to be done. 5 So yes, I'm in support of this 6 legislation. I'm also in support of President 7 Bush's amendment to the Constitution of the 8 United States of America. God bless America. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Diaz will be recorded in 12 the affirmative. 13 Senator Robach, to explain his 14 vote. 15 SENATOR ROBACH: Yes, Madam 16 President. I too rise to happily cast my vote 17 in the affirmative. 18 This is an issue that we've been 19 working on for a long time. And I think if 20 you look at what's gone on a little bit -- and 21 I'm not sure why. We all know in this room 22 that government is very important. But we see 23 the number of people that are eligible to get 24 registered to vote, registering in the first 25 place. We see even less people turning out to

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(518) 371-8910 1 vote. 2 I think this absolutely would be a 3 tool that hopefully will send a message to 4 everyone, give them even a louder voice at the 5 ballot box, besides what man or woman will 6 represent them -- direct access to certain 7 important issues. And hopefully this will be 8 something that will be good for all of 9 democracy as well. 10 This truly is, as the cliche saying 11 goes, power to the people. I think it's a 12 step in the right direction, and hopefully 13 something that will get the average man and 14 woman voter a little bit more engaged in the 15 right direction. 16 I happily cast my vote in the 17 affirmative. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Robach will be recorded in 21 the affirmative. 22 Senator Stavisky, to explain her 23 vote. 24 SENATOR STAVISKY: To explain my 25 vote, Madam President.

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(518) 371-8910 1 For all of the reasons that my 2 colleagues have explained, I see -- I see what 3 has happened in California, and for that 4 reason I vote no. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Stavisky will be recorded 8 in the negative. 9 Senator Krueger, to explain her 10 vote. 11 SENATOR LIZ KRUEGER: Thank you, 12 Madam President. 13 Well, I'm in support of this bill, 14 and yet I disagree with some of my colleagues 15 who are also supporting the bill. And I feel 16 that I should explain to some of my colleagues 17 who are opposed to the bill, well, I think 18 that there's the right way to do I&R and the 19 wrong way, and that this bill expresses some 20 of the concerns of my colleagues who are 21 voting against it. 22 It doesn't do everything it should. 23 And I would argue that we also need clean 24 election/campaign finance reform before this 25 ever became the law of the State of New York.

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(518) 371-8910 1 Because where I&R has sometimes done harm 2 instead of good in other states is when people 3 with the most money could buy the elections 4 because they could do huge outreach on one 5 side of an issue. 6 But if people look at this bill -- 7 and it's the reason why I can support this 8 bill, while I wouldn't support many other I&R 9 proposals. It's because it does require that 10 at least 5 percent of the number of votes cast 11 in a gubernatorial election would have to come 12 from at least 3/5 of the state's congressional 13 districts. So you couldn't have one section 14 of the state taking over for another for 15 geographical disagreements. 16 I also think it's important to 17 recognize that this wouldn't be allowed to 18 apply to elections of officers for 19 appropriation of monies, which has been a huge 20 problem in some other states, or in mandating 21 certain activities on corporations. 22 It also would require that any I&R 23 adopted would have to be voted by twice in two 24 consecutive election cycles of the voters 25 before it moved into law.

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(518) 371-8910 1 So again, there's a -- I think a 2 carefulness and a thoughtfulness built into 3 this model of I&R that we have not seen in 4 several other states. 5 So I share some of my colleagues' 6 concerns that when you open up an initiative 7 and referendum process for the voters, you may 8 risk someone, not the voters and democracy 9 taking control, but, rather, some special 10 interest. Or you may end up in a situation 11 where one section of the state is fighting out 12 over another section of the state 13 geographically. And we certainly know of that 14 experience all too well here in New York. 15 That an I&R model that actually 16 ensures that every district of the state has 17 to go out there and sell it to the voters, 18 that it has to go through multiple steps, that 19 there is a formal process by which certain 20 issues could be considered through a 21 referendum of the voters and other issues 22 would be left to the mandate and the 23 responsibility of legislators -- because, 24 after all, why do people elect us? They elect 25 to us make hopefully good decisions on their

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(518) 371-8910 1 behalf. 2 That there is a check and balance 3 in a good I&R model, and I think this is a 4 good one. So again, I don't think it's a 5 universal panacea for anyone out there who is 6 voting for it. But I also think that this 7 bill actually doesn't open up some of the 8 concerns that have been raised by my 9 colleagues in observing things that have 10 happened in other states that I would agree 11 were not in the best interests of the people. 12 So I vote yes, but with recognition 13 that these are complicated issues that we 14 should be thinking through carefully. 15 Thank you, Madam President. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Krueger will be recorded in 19 the affirmative. 20 Senator Nozzolio, to explain his 21 vote. 22 SENATOR NOZZOLIO: Thank you, 23 Madam President. 24 Madam President and my colleagues, 25 I rise to explain my vote in support of

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(518) 371-8910 1 initiative and referendum. 2 First, I wish to congratulate 3 Senate Majority Leader Joe Bruno for moving 4 this measure to the floor. 5 That I have been a sponsor of 6 initiative and referendum for a number of 7 years. That I believe very strongly in the 8 concept that citizens should have a direct 9 participatory role in their democracy. That 10 we have nothing to fear by supporting this 11 measure other than the wrath of the 12 electorate, who will have now, because of this 13 measure, a direct voice in specific measures 14 of legislation. 15 My favorite quotation from the 16 United States Supreme Court was written by 17 Justice Brandeis, that said very simply that 18 in the United States the highest public office 19 is that of private citizen. 20 I take that responsibility and that 21 guideline very seriously. That we do not have 22 a couch potato democracy or we cannot succeed 23 with a couch potato mentality in terms of our 24 democracy. 25 We clearly need citizen

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(518) 371-8910 1 participation. And that this measure, which 2 is a measure that over 25 states -- not just 3 California, as some of my colleagues have 4 alluded to, but 25 states at the very minimum 5 have established initiative and referendum. 6 It's those states that have a direct 7 participation by their citizens. We should 8 not fear that participation. 9 Senator Bonacic mentioned this is 10 the ultimate reform. Those of you who have 11 claimed to be reformers must support this 12 measure because, frankly, this is the ultimate 13 reform. And what this Legislature may do or 14 not do with initiative and referendum on the 15 books would serve, at the very minimum, as a 16 Damocles sword over those who are intransigent 17 to move this legislation forward. 18 Initiative and referendum has many 19 elements that we should be proud of. I'm 20 proud that this Senate Republican conference 21 moved this measure to the floor. 22 Thank you, Madam President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Nozzolio will be recorded

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(518) 371-8910 1 in the affirmative. 2 Senator Balboni, to explain his 3 vote. 4 SENATOR BALBONI: Madam 5 President, I rise to support this bill but 6 note that it looks like the air of reform and 7 change doesn't reach this far. It seems that 8 we've had this whole big discussion about how 9 we should change things and how we should 10 empower individuals, and yet we're going to 11 stop the train here because we are concerned 12 that we might let people in and actually 13 participate in government. 14 Well, I'm here to tell you that I 15 think it's a good thing for New York. I think 16 this would be one of the things that we should 17 take a look at. And we should continue this 18 reform bandwagon as it goes towards this 19 issue. 20 I vote aye. Thank you. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Balboni will be recorded in 24 the affirmative. 25 Senator Connor, to explain your

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(518) 371-8910 1 vote. 2 SENATOR CONNOR: Thank you, Madam 3 President. 4 I'm voting no on this bill. And 5 I've always thought if initiative and 6 referendum were adopted and they had to get 7 petitions and all, it might make life 8 interesting or more remunerative for those who 9 practice election law. 10 (Laughter.) 11 SENATOR CONNOR: But the fact is 12 a number of years ago Governor Cuomo proposed 13 what was called a limited initiative. And I 14 was the Senate sponsor of that at the time. 15 And that was geared toward a situation which I 16 liked where the voters could force the 17 Legislature to consider a legislative 18 proposal. 19 And his particular, I think, 20 concern then was the anti-bias crime bill that 21 had been languishing for a number of years, 22 and that gave him the idea. And I thought 23 that was a good idea because it combined the 24 legislative, the deliberative nature of the 25 legislature with the people's ability to

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(518) 371-8910 1 initiate some action here. And to the extent 2 people talk about there's sometimes a logjam 3 in Albany, I thought that proposal was well 4 considered and kind of gave us a bit of both 5 worlds. 6 Out-and-out initiative and 7 referendum I think would be a wonderful idea 8 except for the economic factors. And I know 9 Senator Krueger said, well, we need campaign 10 finance reform. The problem in this area is 11 if you look at the jurisprudence, the Supreme 12 Court has said in the California case -- and 13 California had a law basically saying 14 corporations can't contribute money to 15 campaigns and so on. And they tried to extend 16 that to corporations couldn't spend money on a 17 campaign. 18 We have a similar pretty strict 19 limitation on what corporations can do 20 politically. They can only give $5,000 in the 21 aggregate to campaigns in a year. 22 But the Supreme Court case said 23 that when the business and economic interests 24 of the corporation are involved, they can 25 spend unlimited money, corporate money. That

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(518) 371-8910 1 case involved an attempt to regulate utility 2 rates. And the large California utility 3 companies -- and they won at the Supreme 4 Court -- were permitted to spend untold 5 millions of dollars of corporate funds on 6 media, television, mail, et cetera, to beat 7 back the referendum. 8 And, frankly, the citizens who had 9 taken all the time and trouble to circulate 10 and get whatever they required -- 50,000, 11 100,000 signatures -- didn't have a chance 12 against that type of economic power. 13 So in theory, initiative and 14 referendum looks wonderful. And sometimes the 15 public succeeds in bringing something forth. 16 But if you take on the powerful monied 17 interests in initiative and referendum, you're 18 going to get slapped down. 19 And if the monied interests decide 20 they want to push something by initiative and 21 referendum, they're likely to prevail in a way 22 that they've never -- and you can talk and the 23 press can talk about special-interest 24 influence on the Legislature. But, frankly, 25 initiative and referendum gets right to it.

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(518) 371-8910 1 Their money gets right to the voter and wins 2 them over, their hearts and minds. 3 And the Legislature, I don't 4 think -- I think we're immune to a lot of 5 that. And the kind of reforms that have been 6 are evolving make us even more and more immune 7 certainly to the perception that somehow 8 special interests hold sway here. 9 So initiative and referendum is the 10 special interests' dream. It's their dream. 11 It puts their money to work. It puts their 12 money back in play. And we can do all the 13 campaign finance reform we want to try and 14 change the influence of money. But this 15 measure would give carte blanche to big money. 16 So that's why I'm voting no, Madam 17 President. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Connor will be recorded in 21 the negative. 22 Senator Oppenheimer, to explain her 23 vote. 24 SENATOR OPPENHEIMER: Thank you 25 very much, Madam President.

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(518) 371-8910 1 What Senator Connor just said made 2 me reflect on something that happened about 28 3 years ago in Westchester, and some of you may 4 recall that. 5 We wanted to go to a Westchester 6 Power Authority, and we had most of the 7 citizens very revved up and interested in this 8 new proposal because we were quite angry at 9 some things that Con Ed had done at that time. 10 Well, exactly what Senator Connor 11 mentioned happened: Con Ed threw so much 12 money into that campaign that even though we 13 had the citizenry originally interested in it, 14 it completely squelched that interest. So we 15 were unfortunately bought out of something 16 that we had thought was going to be a 17 wonderful, wonderful project for our county. 18 But I think in terms of reform, in 19 terms of getting back citizen interest and 20 participation, I think there would be nothing 21 better than to put in place a bipartisan 22 commission to draw our district lines. They 23 think our district lines are all rigged, and 24 they might well be right. And I also think 25 that there's nothing like campaign finance

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(518) 371-8910 1 reform that has real teeth in it to make the 2 citizenry realize that we are genuinely 3 interested in reform. 4 I'll be voting no. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Oppenheimer will be 8 recorded in the negative. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1134 are 13 Senators Connor, Duane, Hassell-Thompson, 14 Montgomery, Oppenheimer, Parker, Savino, 15 Schneiderman and Stavisky. Also Senator A. 16 Smith. 17 Ayes, 50. Nays, 10. 18 ACTING PRESIDENT LITTLE: The 19 resolution is adopted. 20 THE SECRETARY: Calendar Number 21 1219, by Senator Balboni, Senate Print 7208B, 22 an act to amend the Penal Law and the Criminal 23 Procedure Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT LITTLE: Senator 8 Montgomery, to explain your vote. 9 SENATOR MONTGOMERY: Yes, Madam 10 President, thank you. 11 I'm voting no on this legislation. 12 And the primary reason that I'm voting no is 13 because the definition that is used, the 14 language that is used in this legislation that 15 defines what is a gang could very well define 16 any number of organizations that I'm familiar 17 with. 18 Those organizations have a 19 particular code, a handshake and other things 20 that they use as part of their membership 21 participation. Some of those are professional 22 organizations, sororities and fraternities. 23 Many friends of mine are members. And while I 24 understand that this is not referring to them, 25 it certainly describes who they are and what

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(518) 371-8910 1 their membership in the organizations consists 2 of. 3 And also I want to just say to you, 4 Madam President, and to my colleagues that 5 this is a bill which captures any two young 6 people who happen to be standing on a corner 7 together and wearing similar clothing, which 8 many of them do. In my district, every 9 teenager has a white T-shirt and big jeans. 10 And so any of them could at any point be 11 defined as a gang, based on this legislation. 12 I think it's very broad. It's not 13 specific enough. And it requires a 14 determinate sentence that is added onto any 15 other sentence for criminal activity that 16 already is in law. 17 So I think we need to think about 18 this much more carefully. There are other 19 ways of dealing with gangs. Other 20 jurisdictions have done it very successfully. 21 And rather than immediately rushing to just 22 add a few more years of incarceration and 23 defining gang activity much more broadly, we 24 need to be thinking through what we are doing 25 in order to avoid young people having to

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(518) 371-8910 1 engage in activities which we consider to be 2 gang activity. 3 So I'm voting no, Madam President. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Montgomery will be recorded 7 in the negative. 8 Senator Balboni, to explain his 9 vote. 10 SENATOR BALBONI: Madam 11 President, this bill addresses something 12 which, if you talk to law enforcement 13 officials, is really becoming an epidemic. 14 The amount of gangs that are preying upon the 15 streets of U.S. cities is increasing, 16 particularly here in the state of New York. 17 In fact, on March 15, 2006, there was an 18 article that 18 Manhattan drug gang members 19 were indicted. 20 This is a constant story. When you 21 talk to prosecutors, they talk about the 22 inability to go after the collective actions 23 of the groups. That is what this legislation 24 attempts to do. 25 It attempts to define criminal

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(518) 371-8910 1 street gang activity, because that really is 2 the nexus for the criminal activity. And a 3 whole host of associate problems come out of 4 it, whether it's recruiting schoolchildren on 5 school grounds to become a member of a gang, 6 whether it is trying to work out a drug cartel 7 on the streets of our cities. This is a 8 major, major problem. 9 This is something that law 10 enforcement likes. This is something that has 11 been drafted with their consent and 12 involvement. And this is a step that we need 13 to take, not only as a state but as a nation, 14 to address this rising problem. 15 I vote aye. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Balboni will be recorded in 19 the affirmative. 20 Senator Parker, to explain his 21 vote. 22 SENATOR PARKER: Thank you, Madam 23 President. 24 I'm actually rising to vote no on 25 this bill. And once again, I guess I'm

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(518) 371-8910 1 disappointed in that we've taken the easy way 2 out at kind of attacking a problem once it's 3 already become a problem. 4 The problems of gangs and -- the 5 rising problem of gangs in our community is 6 very, very serious and very significant. And 7 so I applaud the members of this chamber for 8 taking up this important matter. But I think 9 that we've gone about it in the wrong way. 10 We really ought to be trying to, 11 Madam President, deal with this before it 12 becomes a problem. I mean, the reality is 13 that gangs are something that essentially 14 we've created, we've created because we have 15 allowed our young people to be unsupervised 16 and not to deal with the problems that we have 17 in our own communities before they become 18 problems. 19 So we go back and we look at the 20 history of New York City -- even if you go 21 back to the early '90s, when we were having a 22 significant crisis in terms of funding and 23 money in the city, and there was a serious 24 crime problem, we didn't have a gang problem. 25 We didn't have one in the early '90s. We

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(518) 371-8910 1 didn't start getting a gang problem in the 2 City of New York, at least, until well into 3 the mid-'90s and the beginning of 2000. 4 And the reality of the gang problem 5 was that during the time that Mayor Giuliani 6 was there, he redefined the way that we did 7 crime. And I know that's something that -- 8 you know, "America's Mayor," and everybody's 9 all happy with Giuliani. But the reality is 10 we have to look at what happened. 11 He redefined crime so that we were 12 only looking at the seven major categories 13 that the FBI focuses on. Which means 14 everything else that doesn't fit into those 15 seven major categories essentially got 16 ignored. And so we put money into those 17 things. And so the murders or rapes or 18 batteries, we paid attention to it and we 19 dealt with it. 20 Under the Dinkins administration, 21 there was a policy called cops and kids where 22 we went and put money into both police 23 officers and making sure that we went to a 24 model under Commissioner Brown where there was 25 some community policing and police officers

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(518) 371-8910 1 were in the street knowing what was happening 2 in the communities. 3 But then also there was money for 4 youth programming. And so at the time the 5 state had a State Division for Youth, which we 6 no longer have anymore in the state. And the 7 State Division for Youth -- and I know this so 8 well because I actually worked for the State 9 Division for Youth and implemented some of 10 these programs in communities where money was 11 given to community-based organizations to 12 engage young people in leadership, to make 13 sure that young people were being engaged in 14 after-school programs. 15 And at that time in our public 16 schools we had music, art, dance and athletics 17 as regular parts of the curriculum and things 18 that young people were engaged in every day. 19 So that after school a young person might be 20 engaged in baseball or football or basketball 21 or lacrosse. There were programs, if they 22 weren't involved there in youth programs, 23 where they might have been either getting 24 tutors or they might have been learning dance 25 or they might have been learning martial arts

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(518) 371-8910 1 or something that was engaging them. 2 All of those -- the dollars for 3 those programs have been eliminated. On the 4 city level, the Department of Youth Services 5 got merged with the Department of Community 6 Development, so now it's the Department of 7 Community Development and Youth Services. 8 So what have we done to our young 9 people? We've abandoned them. We've gone to 10 an educational system that now simply teaches 11 to the test. There's no more music, art, 12 dance and athletics as regular parts of the 13 curriculum. We are no longer providing, you 14 know, any type of after-school programs. And 15 now when they get involved in gangs, we're now 16 saying you're criminals. 17 The reality is that we're the 18 criminals because we have abandoned the young 19 people of the city and of the state. And as 20 this bill is no way to address that reality, 21 I'll vote no. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Parker will be recorded in 25 the negative.

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(518) 371-8910 1 Before we continue, may I remind 2 everyone that you actually have two minutes to 3 explain your vote. We've been flexible today, 4 but we would like to stick to the two minutes 5 for the rest of the day. Thank you. 6 Senator Sabini, to explain his vote 7 in two minutes. 8 SENATOR SABINI: Thank you, Madam 9 President. 10 While I agree with my colleagues 11 Senators Montgomery and Parker that we need a 12 holistic approach to the problem of our youth, 13 I do think that part of that holistic approach 14 is penalty. 15 Gangs are a very serious problem. 16 I have a package of legislation introduced in 17 this house to deal with gangs. And while I 18 think my bill happens to be better than 19 Senator Balboni's bill, I don't think the good 20 should be the enemy of the perfect, and I 21 intend to support this bill. 22 Just last week, Madam President, in 23 P.S. 89 in Elmhurst we had a meeting sponsored 24 by Assemblyman Peralta -- who sponsors a 25 number of my bills on gang activity -- and

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(518) 371-8910 1 District Attorney Brown where about four dozen 2 parents, mostly from immigrant families, came 3 with genuine fear that their children were 4 being recruited into these gangs, and that 5 they didn't know all the signs, all the 6 colors, all the codes they should know to know 7 whether or not their children were being 8 recruited or attacked by gangs. 9 So I congratulate Senator Balboni 10 on his legislation, and Assemblyman Rivera. 11 Hope we continue to do more. Hope we do go to 12 a holistic approach and do some more 13 prevention as well. But I don't think we can 14 just do one or the other. 15 This does at least some of it, and 16 I'll be voting aye. Thank you. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Sabini will be recorded in 20 the affirmative. 21 The Secretary will announce the 22 results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1219 are 25 Senators Duane, Montgomery and Parker.

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(518) 371-8910 1 Ayes, 58. Nays, 3. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1220, by Senator Larkin, Senate Print 7225A, 6 an act to amend the Penal Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1240, substituted earlier today by Member of 20 the Assembly McEneny, Assembly Print Number 21 974, an act to amend the Real Property Tax 22 Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the 30th day. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1243, by Senator Young, Senate Print 6235, an 10 act to amend the Vehicle and Traffic Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the 30th day. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT LITTLE: Senator 19 Young, to explain her vote. 20 SENATOR YOUNG: Thank you, Madam 21 President, to explain my vote. 22 Under current law, unsafe drivers 23 who have been sniffing glues or aerosols 24 cannot be charged with driving while 25 ability-impaired by drugs.

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(518) 371-8910 1 And the Vehicle and Traffic Law now 2 defines a drug as those listed under Public 3 Health Law Section 3306, which includes 4 illegal and prescription drugs but not glues 5 and aerosol inhalants. 6 This bill amends the Vehicle and 7 Traffic Law by expanding the definition of 8 "drug" to include those inhalants and certain 9 glues. 10 Glue sniffing, aerosol inhalation 11 or inhalation of any toxic vapor affects one's 12 ability to drive safely and should be included 13 as grounds for drug-impaired driving. And 14 those who have been inhaling dangerous 15 substances should not be allowed to drive and 16 place the lives of other New Yorkers in 17 danger, because they present as much of a 18 threat on the road as drunken drivers in many 19 cases. 20 We have a responsibility to protect 21 motorists against dangerous drivers. And I 22 want to thank my colleagues for supporting 23 this very important bill. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Young will be recorded in 2 the affirmative. 3 Senator Duane, to explain his vote. 4 SENATOR DUANE: Thank you, Madam 5 President. 6 I'm going to vote against this 7 bill, which expands the definition of "drug" 8 in the Vehicle and Traffic Law to include 9 inhalants and certain glues. 10 And I really think that this bill 11 needs some kind of a hearing to determine not 12 just the impact, obviously, which sniffing 13 glue or inhalants has on a person, but, more 14 specifically, how is law enforcement going to 15 test whether someone's been sniffing glue or 16 not. I don't think such a thing exists. If 17 it does, I'd love to hear about it and we can 18 hear about it in a hearing. 19 But the other thing is obviously 20 someone that's sniffing glue has a substance 21 abuse problem, and obviously they would need 22 treatment for substance abuse. And yet 23 because we don't have Timothy's Law passed 24 here in New York State, many New Yorkers, if 25 they needed that kind of treatment, would be

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(518) 371-8910 1 unable to afford it. 2 Now, the week is almost over and we 3 have yet to move on Timothy's Law. What are 4 we waiting for? There's only two more weeks 5 after this. We need to pass a Timothy's Law 6 this session. New Yorkers are calling for it. 7 People who care about mental health are 8 calling for it. We cannot afford to wait any 9 longer. We need to get Timothy's Law on the 10 floor of this house and get it into law. 11 Thank you, Madam President. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Duane will be recorded in 15 the negative. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Ayes, 60. Nays, 19 1. Senator Duane recorded in the negative. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1244, by Senator Saland, Senate Print 6558, an 24 act to amend the Vehicle and Traffic Law. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect nine months after it 4 shall have become a law. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. Nays, 9 1. Senator Duane recorded in the negative. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1249, by Senator Padavan, Senate Print 7119A, 14 an act to amend the Retirement and Social 15 Security Law. 16 ACTING PRESIDENT LITTLE: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT LITTLE: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1251, by Senator Robach, Senate Print 7589, an 3 act to amend the Retirement and Social 4 Security Law. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1260, by Senator Maltese, Senate Print 7667, 17 an act to allow Triborough Bridge and Tunnel 18 members of the New York City Employees' 19 Retirement System to elect. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1267, by Senator Saland, Senate Print 7419A, 7 an act to amend the Social Services Law. 8 ACTING PRESIDENT LITTLE: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of June. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1272, by Senator Nozzolio, Senate Print 1946, 20 an act to amend the General Municipal Law. 21 ACTING PRESIDENT LITTLE: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1273, by Senator Little, Senate Print 3846, an 9 act to amend the General Municipal Law. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1275, by Senator Hannon, Senate Print 4799, an 23 act to authorize the assessor of the County of 24 Nassau. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. Nays, 8 1. Senator Larkin recorded in the negative. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1277, substituted earlier today by Member of 13 the Assembly Pretlow, Assembly Print Number 14 10070, an act to amend the Local Finance Law. 15 ACTING PRESIDENT LITTLE: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT LITTLE: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1279, by Senator Balboni, Senate Print 7047, 3 an act to amend Chapter 457 of the Laws of 4 2001 relating to authorizing the town board of 5 the Town of North Hempstead. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1281, by Senator Winner, Senate Print 7246, an 18 act to authorize the conveyance of certain 19 real property. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1282, substituted earlier today by the 7 Assembly Committee on Rules, Assembly Print 8 Number 8974A, an act to amend the General 9 Municipal Law. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1289, by Senator Farley, Senate Print 7523, an 22 act to amend the Banking Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. Nays, 6 1. Senator Duane recorded in the negative. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1295, by Senator LaValle, Senate Print 2863B, 11 an act to amend the Education Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1299, substituted earlier today by Member of 24 the Assembly Canestrari, Assembly Print Number 25 10878, an act to amend Chapter 534 of the Laws

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(518) 371-8910 1 of 1993 amending the Education Law. 2 ACTING PRESIDENT LITTLE: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1302, by Senator Maziarz, Senate Print 211A, 14 an act to amend the Real Property Law. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 120th day. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1303, by Senator Winner, Senate Print 7031, an 2 act to amend the Real Property Tax Law. 3 ACTING PRESIDENT LITTLE: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of January. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT LITTLE: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1304, by Senator Skelos, Senate Print 7670A, 15 an act to authorize the Rockville Centre 16 Housing Authority. 17 SENATOR SCHNEIDERMAN: Lay it 18 aside. 19 ACTING PRESIDENT LITTLE: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 1313, by Senator Maltese, Senate Print 3597, 23 an act to amend the Labor Law and the Civil 24 Service Law. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1317, by Senator DeFrancisco, Senate Print 12 3012C, an act to amend the Insurance Law and 13 the Civil Practice Laws and Rules. 14 ACTING PRESIDENT LITTLE: Read 15 the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1319, by Senator Seward, Senate Print 4321, an

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(518) 371-8910 1 act to amend the Insurance Law. 2 ACTING PRESIDENT LITTLE: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. Nays, 10 1. Senator LaValle recorded in the negative. 11 ACTING PRESIDENT LITTLE: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1364, by Senator Flanagan, Senate Print 7934, 15 an act to amend Chapter 50 of the Laws of 16 2006, enacting the Public Protection and 17 General Government Budget. 18 ACTING PRESIDENT LITTLE: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1365, by Senator Flanagan -- 5 SENATOR SCHNEIDERMAN: Lay it 6 aside. 7 ACTING PRESIDENT LITTLE: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 1431, substituted earlier today by Member of 11 the Assembly Morelle, Assembly Print Number 12 10038, an act to amend the Civil Service Law. 13 ACTING PRESIDENT LITTLE: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 Senator Skelos, that completes the 24 noncontroversial reading of the calendar. 25 SENATOR SKELOS: Thank you, Madam

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(518) 371-8910 1 President. If we could go to the 2 controversial reading at this time. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 The Secretary will read. 6 SENATOR SKELOS: Madam President, 7 before we go to the controversial reading, 8 there will be an immediate meeting of the 9 Finance Committee in the Majority Conference 10 Room. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 There is an immediate meeting of 14 the Finance Committee in the Majority 15 Conference Room. 16 The Secretary will ring the bell. 17 SENATOR SKELOS: Madam President, 18 we'll stand at ease pending the report of the 19 Finance Committee. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 The Senate will stand at ease. 23 (Whereupon, the Senate stood at 24 ease at 4:31 p.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 4:44 p.m.) 2 ACTING PRESIDENT LITTLE: Senator 3 Skelos. 4 SENATOR SKELOS: Madam President, 5 if we could return to reports of standing 6 committees, I believe there's a report of the 7 Finance Committee at the desk. I ask that it 8 be read. 9 ACTING PRESIDENT LITTLE: Reports 10 of standing committees. 11 The Secretary will read. 12 THE SECRETARY: Senator Johnson, 13 from the Committee on Finance, reports the 14 following bills: 15 Senate Print 8076, by Senator 16 Bruno, an act to amend the Public Health Law; 17 And Senate Print 8077, by Senator 18 Bruno, an act to amend the Public Health Law. 19 Both bills ordered direct to third 20 reading. 21 ACTING PRESIDENT LITTLE: Without 22 objection, both bills will be reported direct 23 to third reading. 24 Senator Skelos. 25 SENATOR SKELOS: Madam President,

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(518) 371-8910 1 if we could go to the controversial reading of 2 the calendar. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 The Secretary will read. And we 6 will ring the bell. 7 THE SECRETARY: Calendar Number 8 1206, by Senator Balboni, Senate Print 930, an 9 act to amend the Civil Practice Law and Rules. 10 SENATOR SCHNEIDERMAN: Brief 11 explanation. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Balboni, for an 15 explanation. 16 SENATOR BALBONI: Madam 17 President, this is the -- I think it's the 18 eighth year -- 19 SENATOR SCHNEIDERMAN: It's the 20 ninth. 21 SENATOR BALBONI: Is it? But I 22 haven't been here for nine years. 23 I think it's the eighth year that 24 we're doing this bill. And this is the bill 25 that would prohibit somebody who commits a

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(518) 371-8910 1 felony and gets injured during the commission 2 of that felony and then sues. 3 So I'd like to just kind of go 4 through and give you a preview of what you 5 could expect in any other year. 6 I would normally start off with a 7 discussion of Bernard McCummings and that case 8 and how a man got mugged and then his mugger 9 sued for $4 million and won. 10 And then Senator Schneiderman would 11 rise, and he'd say that this bill is 12 incomprehensibly drafted, overbroad, and the 13 issue should be settled by the courts. 14 Then I would respond by talking to 15 you of the case of the drug dealer who went to 16 the hospital with condom-wrapped heroin in his 17 stomach, got a scar, and sued the hospital. 18 And then Senator Schneiderman would 19 rise and he'd ask me a whole host of 20 imponderable hypotheticals, and I could not be 21 able to really explain them because they 22 didn't apply. 23 And then Senator DeFrancisco would 24 rise and ask me if I went to high school. 25 (Laughter.)

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(518) 371-8910 1 SENATOR BALBONI: And then after 2 that, we would talk about how the victim and 3 the defendant in the Bernard McCummings case 4 were both abused, but how the case really 5 doesn't apply. 6 And we'd both talk about how -- we 7 would lament how we'd love to solve this and 8 get the Assembly engaged, but they're not 9 going to engage, so we'll agree to meet back 10 here next year. 11 Thank you very much, Madam 12 President. 13 (Laughter.) 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Schneiderman. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Madam President. On the bill. 19 ACTING PRESIDENT LITTLE: On the 20 bill. 21 SENATOR SCHNEIDERMAN: I would 22 stipulate to everything that has been put into 23 the record so far on this issue. 24 And I would like to commend Senator 25 Balboni for that special 12-step program he's

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(518) 371-8910 1 taking about verbosity; it seems to be working 2 very well. The summary is much appreciated. 3 This is a bill that -- this is the 4 ninth year of this bill or a similar bill that 5 would have the same effect. And I think that 6 after nine years -- I mean, you know, my 7 daughter was in kindergarten, she's now a 8 raging adolescent; it's a long time -- that we 9 can come up with something better. 10 We are going to have a new 11 opportunity next year. We are going to have a 12 new governor. Things will change. I very 13 sincerely hope that we can redraft this bill 14 to deal with some of the problems in drafting. 15 It is absolutely clear to me that this bill, 16 contrary to the last few years' assertions by 17 the distinguished sponsor, does not codify the 18 rule of Barker v. Kallash. 19 We need to have something that 20 allows judges and juries to settle hard cases. 21 These are not easy cases. This bill would 22 protect violent vigilantes, third parties. 23 And Senator Connor -- he left -- he 24 pointed this out last year, that this doesn't 25 just apply to victims. This means someone

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(518) 371-8910 1 could have just committed a white-collar crime 2 and be leaving his brokerage firm with a 3 cashier's check in his pocket, and if some 4 third party shoots him on the street, he's 5 barred from suing that person. 6 So this is something that in some 7 cases I think even the distinguished sponsor 8 will concede probably should go to a judge and 9 jury. 10 I do think that with some editing 11 we can come up with a better bill. I hope we 12 will do that. We do have a new day dawning 13 with a new governor this coming year. And the 14 governor is -- the governor-to-be, I believe, 15 is someone who is a fine lawyer who would love 16 to work on this issue with us. So let's try 17 and do that. 18 I appreciate the brevity. I 19 appreciate the explanation. I think 20 everything is correct. I'm not sure Senator 21 DeFrancisco got -- I think he was researching 22 whether the answer he got to the question 23 about law school was in fact the case. I'm 24 not sure if he's come over any new 25 information.

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(518) 371-8910 1 But subject to that, I am going to 2 vote no, as many of my colleagues have voted 3 no on this for the last nine years. Looking 4 back on the bill, I find that it's really sort 5 of an honor roll of progressive legislators. 6 When this bill was first introduced, Senators 7 Dollinger, Gold, Lachman, Leichter, Markowitz, 8 Santiago, Stavisky, Walden -- a lot of folks 9 who have moved on were voting against it. 10 I'm proud to be in that tradition 11 and vote no for a bad bill that would take 12 hard cases away from juries. I believe in 13 juries. I believe in the jury system. And I 14 think the notion that it is an unalloyed good 15 to take cases away from juries and make it 16 easier to dismiss them before a full and fair 17 hearing is a bad thing and is contrary to the 18 intention of the founders of the republic. 19 I vote no, and I look forward with 20 all sincerity to trying to do something 21 between now and next year. Let's actually 22 edit this and come up with something better to 23 greet the new governor when he arrives. 24 Thank you, Madam President. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Is there any other Senator wishing 3 to be heard? 4 The debate is closed. 5 The Secretary will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT LITTLE: Senator 13 Diaz, to explain his vote. 14 SENATOR DIAZ: Thank you, Madam 15 President. 16 I am in support of this bill, for 17 the reason that when we are campaigning in the 18 street, we tell the people that we are to 19 protect them and to stop crime and that we 20 will give a better life to the residents of 21 our district. 22 Now when we come here, I'm 23 surprised at seeing people voting to defend 24 the criminals and not the victims. This bill 25 simply authorizes anybody who, in the act of

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(518) 371-8910 1 committing a crime, gets hurt so that person 2 could sue the people that hurt him. 3 That means that if somebody comes 4 to my house when I am sleeping and that person 5 gets hurt, that person will be able to sue me. 6 That is the most ridiculous thing that I have 7 seen in my life. 8 And I'm surprised to see that every 9 year this bill comes to the floor, and it's a 10 one-house bill, and always the Republicans are 11 pushing for the bill, to stop this, and my 12 colleagues on this side of the aisle are 13 always opposing this bill. 14 You know, when we go out there, we 15 go out there telling people that we're going 16 to protect the victims, not the criminals. By 17 opposing this bill, we are sending a message 18 that we are protecting criminals and nothing 19 for the victims. 20 So I am in support of this bill 21 because this is a good bill and criminals have 22 to know that if they get hurt committing a 23 crime, that that's their problem. They should 24 not sue anybody if they're committing a crime. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Diaz will be recorded in 3 the affirmative. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1206 are 6 Senators Andrews, Connor, Coppola, 7 DeFrancisco, Dilan, Duane, Gonzalez, 8 Hassell-Thompson, L. Krueger, Montgomery, 9 Parker, Paterson, Schneiderman, A. Smith and 10 Stavisky. 11 Absent from voting: Senator C. 12 Kruger. 13 Ayes, 44. Nays, 15. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1304, by Senator Skelos, Senate Print 7670A, 18 an act to authorize. 19 SENATOR LIZ KRUEGER: 20 Explanation, please. 21 ACTING PRESIDENT LITTLE: Senator 22 Skelos, for an explanation. 23 SENATOR SKELOS: Thank you, Madam 24 President. 25 This legislation authorizes the

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(518) 371-8910 1 sale or lease of all or part of the project 2 commonly known as the Rockville Centre 3 Apartments by the Rockville Centre Housing 4 Authority. It will allow the infusion of 5 private capital to ensure the long-term 6 viability of the project. It was requested by 7 the Rockville Centre Housing Authority. 8 It's important to note that under 9 this legislation existing tenants will not be 10 replaced and the rent will be -- remain the 11 same. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Krueger. 15 SENATOR LIZ KRUEGER: Thank you, 16 Madam President. If the sponsor would please 17 yield. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Skelos, will you yield? 21 SENATOR SKELOS: Yes. 22 ACTING PRESIDENT LITTLE: The 23 Senator yields. 24 SENATOR LIZ KRUEGER: Thank you. 25 How many units are in this project

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(518) 371-8910 1 that we're talking about? 2 SENATOR SKELOS: I believe it's 3 about 150. 4 SENATOR LIZ KRUEGER: Thank you. 5 Madam President, through you, if 6 the sponsor would continue to yield. 7 SENATOR SKELOS: Yes, I will. 8 ACTING PRESIDENT LITTLE: The 9 sponsor will continue to yield. 10 SENATOR LIZ KRUEGER: Thank you. 11 Where will the tenants go during 12 the renovation period? 13 SENATOR SKELOS: There were 30 14 units built, new units, in which they will 15 be -- have priority. And then when the 16 renovation is completed in their old unit, 17 they will go back into that unit. 18 SENATOR LIZ KRUEGER: Thank you. 19 Madam President, if the sponsor 20 would continue to yield. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Skelos, do you continue to 24 yield? 25 SENATOR SKELOS: Yes.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 Senator yields. 3 SENATOR LIZ KRUEGER: Thank you. 4 Under the bill it talks about that 5 some of these units might be sold rather than 6 continue to be rented. How many of these 7 units would come off of the rental rolls, so 8 to speak, and move into being privately owned 9 units? 10 SENATOR SKELOS: I don't believe 11 any. 12 SENATOR LIZ KRUEGER: You don't 13 believe any. So perhaps I'm -- I'm sorry, 14 through you, Madam President. 15 Where in the bill it talks about 16 either -- excuse me, I'll look for the 17 section. Excuse me -- that "The commissioner 18 of housing and community renewal shall not 19 grant such approval until he or she makes a 20 finding that such sale or lease will enable 21 the project to be redeveloped." 22 So perhaps in that sentence we're 23 talking about the sale of the project, not the 24 individual units? 25 SENATOR SKELOS: That's the sale

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(518) 371-8910 1 of the project. 2 SENATOR LIZ KRUEGER: Thank you. 3 Thank you for the clarification. 4 Madam President, through you, if 5 the sponsor would continue to yield. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Skelos, do you continue to 9 yield? 10 SENATOR SKELOS: Yes. 11 ACTING PRESIDENT LITTLE: The 12 Senator yields. 13 SENATOR LIZ KRUEGER: There's a 14 formula in the bill about how many units must 15 be offered to different categories of 16 income-eligible people. And then there's a 17 Section D, it's lines 38 through 42 -- excuse 18 me, line 43 on page 2, and it clarifies that 19 "All tenants who resided in the housing 20 project prior to the sale or lease shall be 21 offered their current apartment or comparable 22 accommodation at the project at their current 23 rent for a period of one year, with yearly 24 increases thereafter not to exceed the 25 regional Consumer Price Index."

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(518) 371-8910 1 Is it your expectation that people 2 would actually only have year-to-year leases 3 as opposed to the protections they currently 4 have as a public housing complex? 5 SENATOR SKELOS: The protections, 6 the way I understand it, will continue exactly 7 the way they are now. 8 SENATOR LIZ KRUEGER: Thank you. 9 Madam President, if the sponsor 10 would continue to yield. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Skelos, do you continue to 14 yield? 15 SENATOR SKELOS: Yes. 16 ACTING PRESIDENT LITTLE: The 17 Senator yields. 18 SENATOR LIZ KRUEGER: Thank you. 19 So again, just to reiterate my 20 concerns from what I thought was written in a 21 certain way in this bill, it is your belief 22 that in this bill no tenants will be evicted, 23 they will be offered alternative housing 24 during renovation and they will all be 25 eligible to come back into their apartments

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(518) 371-8910 1 with continuing rights and protections under 2 public housing law? 3 SENATOR SKELOS: Yes. 4 SENATOR LIZ KRUEGER: Yes? 5 Excuse me. I've heard the Senator say yes, 6 and so he has resolved my concerns about this 7 bill. 8 Thank you very much. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Is there any other Senator wishing 12 to be heard? 13 The debate is closed. 14 The Secretary will ring the bell. 15 Read the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: In relation to 22 Calendar Number 1304, those Senators absent 23 from voting: Senators Farley, C. Kruger, and 24 Parker. 25 Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1365, by Senator Flanagan, Senate Print 7935, 5 an act making an appropriation for services 6 and expenses. 7 SENATOR SABINI: Explanation. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Flanagan, for an 11 explanation. 12 SENATOR FLANAGAN: Thank you, 13 Madam President. 14 This bill is a continuation of some 15 of the issues affecting HAVA. It's a 16 $10 million appropriation to help our 17 localities pay for interim compliance with 18 litigation that was brought by the Justice 19 Department against the State of New York. 20 And I would respectfully offer that 21 this bill goes well beyond what was ultimately 22 decided by the court and what plans were 23 submitted by the State Board of Elections and 24 our participating counties. 25 What we've done here is recognize

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(518) 371-8910 1 the problem, we've provided funds so that our 2 municipalities don't suffer any adverse 3 effects. And frankly, what we've done is by 4 giving them more money than they asked for, 5 we've given them an opportunity to make a bad 6 plan that was approved by the court a lot 7 better to make sure that people who are 8 disabled have access just like everybody else. 9 It's not perfect, but it's a far 10 cry and a tremendous improvement from what was 11 originally submitted by the state board and 12 what was accepted by the Justice Department 13 and the Supreme Court. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Sabini. 17 SENATOR SABINI: Thank you, Madam 18 President. If the sponsor would yield for a 19 question. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Flanagan, do you yield? 23 SENATOR FLANAGAN: Yes. 24 ACTING PRESIDENT LITTLE: The 25 sponsor yields.

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(518) 371-8910 1 SENATOR SABINI: Thank you. I 2 wanted to ask the chairman, is there an 3 Assembly sponsor for this bill? 4 SENATOR FLANAGAN: No. The day 5 this bill was introduced, I sent a lengthy 6 letter to Assemblyman Wright explaining to him 7 what the issues were and asking him to 8 introduce the bill in the Assembly, and he has 9 not done so. 10 SENATOR SABINI: Madam President, 11 if the sponsor would continue to yield. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Flanagan, do you continue 15 to yield? 16 SENATOR FLANAGAN: Yes. 17 ACTING PRESIDENT LITTLE: The 18 Senator yields. 19 SENATOR SABINI: It occurs to me 20 that with the primary 3 1/2 months away and 21 none of this hardware has been ordered yet, 22 does the sponsor think it's reasonable to 23 think that we would be able to spend this 24 money this year? 25 SENATOR FLANAGAN: Absolutely.

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(518) 371-8910 1 There's no reason in the world that we can't 2 do this, there's no reason in the world that 3 we shouldn't do this. And the fact that 4 there's been delay is no excuse for us trying 5 to do what we should have done a long time 6 ago. 7 SENATOR SABINI: Madam President, 8 if the sponsor would continue to yield. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Flanagan, do you continue 12 to yield? 13 SENATOR FLANAGAN: Yes. 14 ACTING PRESIDENT LITTLE: The 15 Senator yields. 16 SENATOR SABINI: The money that's 17 going to be used for this comes out of state 18 money, and there's an interim plan that's 19 going to put into action other ballot markers. 20 That's my understanding. It is also my 21 concern that whatever we purchase with this 22 $10 million will not be the hardware approved 23 by the interim court plan. 24 What would we do with the equipment 25 we buy with this $10 million if it's not part

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(518) 371-8910 1 of the interim court plan? 2 SENATOR FLANAGAN: Well, the 3 machines that are being purchased, they have 4 been approved by the court and the Justice 5 Department. And that includes 111 Avanti 6 machines, 19 ES&Ses, and 14 Populex machines. 7 So these have been approved for interim 8 compliance for this fall's elections. 9 This money is being offered 10 recognizing that there have been problems for 11 our counties in their potential compliance 12 with HAVA. Whether it's New York City or 13 Suffolk County or any county across the state, 14 they've all come and said, When we have to do 15 interim compliance or full compliance, we're 16 concerned that there may not be enough money. 17 This is a recognition that there 18 has some delay, that there have been problems, 19 and the state should step in and do something. 20 Us doing nothing I think is far worse than 21 trying to provide some appropriations. 22 And since you raise this, there are 23 two other issues which I think are separate 24 but related. We just passed a bill before 25 about a state match for $7.7 million. And in

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(518) 371-8910 1 this year's budget, we had an additional 2 $5 million for handicap accessibility for poll 3 sites. 4 The Assembly didn't want to do 5 that. The Assembly didn't want to do the 6 $7.7 million match. They haven't done 7 anything on this. 8 So if we're going to look at who's 9 being proactive, who's being responsive, and 10 who's trying to meet the needs of voters 11 across the state, not only on an interim but a 12 full compliance basis, it's the Senate. This 13 is what we should be doing, and perhaps we 14 should even be doing more. 15 SENATOR SABINI: Madam President, 16 on the bill. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Sabini, on the bill. 20 SENATOR SABINI: It is my 21 contention that the commissioners of elections 22 around the state are at this point much more 23 concerned about training and getting their 24 poll workers up to speed and getting more 25 funds freed up for that.

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(518) 371-8910 1 But I will make an amazing 2 statement: I am going to wait and not say how 3 I'm voting on this bill until others have had 4 a chance to speak. Because I think the 5 chairman has made a sincere attempt here to do 6 something better. I'm not just sure that in 7 trying to do something better, this in the 8 long run will not be a waste of the taxpayers' 9 money. 10 So I'll reserve judgment on the 11 bill, and I think others have questions. 12 Thank you, Madam President. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Is there any other Senator wishing 16 to be heard? 17 Senator Dilan. 18 SENATOR DILAN: Yes, Madam 19 President, on the bill. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Dilan, on the bill. 23 SENATOR DILAN: I will be voting 24 yes on this bill. As has been indicated, this 25 is a bill that will provide $10 million in

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(518) 371-8910 1 addition to what has been agreed upon by the 2 Board of Elections and the Justice Department. 3 However, I'm a little concerned as 4 to the timing of the introduction of this 5 bill. Here we are, 3 1/2 months prior to the 6 upcoming primaries, and I'm concerned that the 7 Office of General Services will not have 8 sufficient time to prepare the necessary 9 contracts, we will not have sufficient time 10 for the manufacturers to deliver these 11 machines. And I think, as has been indicated 12 by Senator Sabini, I don't believe that the 13 Board of Elections will have sufficient time 14 to train its staff to manage these machines. 15 Also, it's a one-house bill. I've 16 been in touch with the Assembly, and they 17 indicate that they will not be taking this 18 bill up in this session at all. 19 So therefore, I believe that this 20 bill at this time, late time in the session, 21 will not do anything to help any handicapped 22 voters at the polls either in the primary or 23 general election. 24 Thank you, Madam President. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Krueger. 3 SENATOR LIZ KRUEGER: Thank you, 4 Madam President. If the sponsor would yield. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Flanagan, do you yield? 8 SENATOR FLANAGAN: Yes. 9 ACTING PRESIDENT LITTLE: The 10 Senator yields. 11 SENATOR LIZ KRUEGER: Thank you. 12 Senator Flanagan, you chair the 13 Committee on Elections and worked very hard 14 with the conference committee on HAVA. Do you 15 think if we had gone with a statewide standard 16 a year and a half or two years ago we would be 17 in this situation today where we realize that 18 people with disabilities may have trouble 19 getting to the polls this fall? 20 SENATOR FLANAGAN: We have a 21 statewide standard. 22 SENATOR LIZ KRUEGER: Madam 23 President, if I might correct my question. 24 ACTING PRESIDENT LITTLE: Thank 25 you. Go ahead, Senator Krueger.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you. 2 To clarify. 3 If we had one statewide system and 4 that the state had decided to go with one 5 voting machine system for the state a year and 6 a half, two years ago, would we be in this 7 dilemma today? 8 SENATOR FLANAGAN: I don't think 9 it makes a difference either way. 10 In fact, just looking -- by virtue 11 of what we did in legislation last year and 12 what's been now brought into this interim 13 compliance plan, this shows there is not 14 unanimity not only outside of New York State 15 but inside of New York State. 16 We've provided options. Now, 17 granted, there are a lot more counties who are 18 looking to use the Avanti machine. But 19 there's ES&S and there's the Populex machine. 20 So what we did was delegate that 21 authority and responsibility to the state 22 board and allow our counties who wanted the 23 responsibility, who were clamoring for that 24 authority, to make those decisions. That's 25 what's been done right here.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you, 2 Madam President. On the bill. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Krueger, on the bill. 6 SENATOR LIZ KRUEGER: Thank you. 7 I don't agree with my colleague on 8 this issue. I don't think they were clamoring 9 to have the ability to make their own 10 decisions on this. I think the counties were 11 looking to the state to make a rational 12 decision of a statewide system for all of the 13 counties and all the people of New York State. 14 I think they were looking to us to 15 make that decision much earlier than we passed 16 HAVA legislation in the State of New York. 17 And in fact, while I don't disagree 18 with the sponsor that there are real problems 19 still facing us for ensuring that handicapped 20 voters have full access to the right to vote, 21 as each and every one of us should, this fall, 22 that if we had handled this whole situation 23 differently several years ago, we would not 24 find ourselves in this situation today. 25 I also have to share my colleagues

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(518) 371-8910 1 Senator Sabini and Senator Dilan's concerns 2 that this is not going to translate into any 3 change at the voting booths this fall. So few 4 months away from the primary I don't believe 5 there's any county who could actually go out, 6 order additional machines from manufacturers, 7 get them in, get their workers trained and, in 8 fact, spend the money that the sponsor 9 suggests that we put in today. 10 I don't think I'll vote against the 11 bill because it's at least an attempt to say, 12 Okay, maybe we've made mistakes and we're 13 going to try to fix something. But I do not 14 believe that you will see any county that 15 could actually take advantage of this. 16 And again, I would argue that if we 17 were to go back and look at the history of 18 what didn't happen in the State of New York 19 with implementation of the Help America Vote 20 Act, we would find that we should all share 21 some liability in why we are now, in June of 22 2006, dealing with orders from the federal 23 Department of Justice and having counties, 24 again, not clamoring for the opportunity to 25 make these decisions themselves but desperate

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(518) 371-8910 1 and frustrated over the fact that these issues 2 weren't dealt with, I would say farther than 3 months ago, but years ago. 4 I know certainly that the City of 5 New York's Board of Elections has been on the 6 record multiple times in testimony over the 7 course of the last year, if not year and a 8 half, saying you guys waited too long, you 9 left too many unanswered questions, there is 10 no way that we can implement smart, good 11 changes in our elections for 2006. 12 They are right. They will not. 13 They will flunk the test. But I would argue 14 that our counties and our localities didn't, 15 we did. 16 So while I won't vote against this 17 bill, I would also hazard to guess that even 18 if it was passed in both houses, we wouldn't 19 spend the money because it's too late for 20 anybody to do anything new about it for this 21 election. 22 Thank you, Madam President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Is there any other Senator wishing

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(518) 371-8910 1 to be heard? 2 Senator Flanagan. 3 SENATOR FLANAGAN: Thank you, 4 Madam President. On the bill. 5 ACTING PRESIDENT LITTLE: Senator 6 Flanagan, on the bill. 7 SENATOR FLANAGAN: I just want to 8 make a couple of basic points. 9 There have been points raised about 10 procedural issues, about administrative 11 issues, about technical issues, about past 12 history. 13 Let's get right to the facts of 14 what this bill is about. It's about money. 15 It's about providing money to localities so 16 that they don't have any excuses that they can 17 offer to anybody. 18 Yes, have there been delays? Yes, 19 there certainly have. Can fingers be pointed 20 in every single direction? Yes, they can. 21 But the counties have said that we need to be 22 protect so that the state doesn't take away 23 some of our HAVA funds to meet the commitment 24 of New York State for $7.7 million. 25 The Senate has acted. The Assembly

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(518) 371-8910 1 hasn't. The Assembly has refused to get into 2 the game, to say that they want to hold 3 counties harmless on that point. That's a 4 basic distinction. They didn't want to 5 provide money for poll sites. We fought and 6 got $5 million. 7 Is it perfect? No. Have we fought 8 for the rights of disabled individuals to have 9 the same access as everybody else? Yes, far 10 better than the Assembly. 11 And finally, this is about just 12 giving the money to municipalities here. 13 We're not -- if we didn't give them anything, 14 some of the issues that you're talking about 15 are still going to be debated. 16 And if we want to talk about delay 17 and we want to go back, Senator Spano was on 18 the conference committee. And I remember at 19 one of our extended meetings a lot of this had 20 to do with issues that had nothing to do with 21 HAVA. The Assembly refused to agree to a 22 number of different issues because of 23 governance at the State Board of Elections. 24 So if we want to talk about delay, 25 we want to bring up past history, we can go on

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(518) 371-8910 1 for a while about that and the politics that 2 was played with issues at the board that were 3 ultimately resolved. 4 This is about providing 5 accessibility for people with disabilities and 6 making sure that somebody can get in. And now 7 we're allowing municipalities to have extra 8 money so if they want to demonstrate a will 9 and prove that there's a way, they can do 10 that. 11 If the Assembly is not going to do 12 it, it doesn't mean that we shouldn't act. 13 This is a good bill, and the counties have 14 supported this bill and the preceding bill. 15 It should be passed. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Is there any other Senator wishing 19 to be heard? 20 The debate is closed. 21 The Secretary will ring the bell. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LITTLE: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: In relation to 4 Calendar Number 1365, absent from voting: 5 Senator C. Kruger. 6 Ayes, 59. Nays, 0. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 Senator Skelos, that completes the 10 reading of the controversial calendar. 11 SENATOR SKELOS: Thank you, Madam 12 President. 13 Is there any further business at 14 the desk? 15 ACTING PRESIDENT LITTLE: Yes, 16 there is, Senator Skelos. 17 Could we have quiet, please. Thank 18 you. 19 There is further business. 20 Senator Nozzolio. 21 SENATOR NOZZOLIO: Madam 22 President, on page 75 I offer the following 23 amendments to Calendar Number 1344, Senate 24 Print Number 2602B, on behalf of Senator 25 Fuschillo, and ask that said bill retain its

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(518) 371-8910 1 place on Third Reading Calendar. 2 ACTING PRESIDENT LITTLE: The 3 amendments are received, and the bill will 4 retain its place on the Third Reading 5 Calendar. 6 SENATOR NOZZOLIO: Madam 7 President, on page 18 I offer the following 8 amendments to Calendar Number 333, Senate 9 Print Number 6538, and ask on behalf of 10 Senator Morahan that said bill retain its 11 place on Third Reading Calendar. 12 ACTING PRESIDENT LITTLE: The 13 amendments are received, and the bill will 14 retain its place on the Third Reading 15 Calendar. 16 Senator Fuschillo. 17 SENATOR FUSCHILLO: Madam 18 President, on behalf of Senator Balboni, I 19 wish to call up Senate Print Number 6781, 20 recalled from the Assembly, which is now at 21 the desk. 22 ACTING PRESIDENT LITTLE: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 676, by Senator Balboni, Senate Print 6781, an

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(518) 371-8910 1 act authorizing the assessor of the County of 2 Nassau. 3 SENATOR FUSCHILLO: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 ACTING PRESIDENT LITTLE: The 7 Secretary will call the roll upon 8 reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 SENATOR FUSCHILLO: I now offer 12 the following amendments. 13 ACTING PRESIDENT LITTLE: The 14 amendments are received. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 there being no further business to come before 18 the Senate, I move we stand adjourned until 19 Wednesday, June 7th, at 11:00 a.m. 20 ACTING PRESIDENT LITTLE: On 21 motion, the Senate stands adjourned until 22 Wednesday, June 7 -- 23 SENATOR SKELOS: Madam President. 24 Madam President, just one minute. If you 25 would recognize Senator Volker.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Volker. 3 SENATOR VOLKER: I apologize. 4 Just to remind everybody that tomorrow is the 5 memorial service at St. Mary's Church, on -- I 6 think it's Lodge Street, but I think most 7 people know where it is, at 8 o'clock. And 8 the breakfast afterwards is at 9 o'clock. 9 Kay Stafford, Ron Stafford's wife, 10 is coming up for the memorial service. And so 11 I just wanted to tell everybody if you could 12 get there, it would be very appropriate. 13 Thank you. 14 SENATOR SKELOS: Madam President, 15 there being no further business to come before 16 the Senate, I move we stand adjourned until 17 Wednesday, June 7th, at 11:00 a.m. 18 ACTING PRESIDENT LITTLE: On 19 motion, the Senate stands adjourned until 20 Wednesday, June 7th, at 11:00 a.m. 21 (Whereupon, at 5:23 p.m., the 22 Senate adjourned.) 23 24 25

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(518) 371-8910