Wednesday, June 7, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 7, 2006 11 11:05 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Morahan. 8 SENATOR MORAHAN: Thank you, 9 Madam President. 10 On page 38 I offer the following 11 amendments, on behalf of Senator Farley, to 12 Calendar Number 943, Print Number 5948, and I 13 ask that said bill retain its place on the 14 Third Reading Calendar. 15 THE PRESIDENT: The amendments 16 are received, and the bill will retain its 17 place on the Third Reading Calendar. 18 SENATOR MORAHAN: On behalf of 19 Senator Skelos, on page 35 I offer the 20 following amendments to Calendar Number 880, 21 Senate Bill 7450, and I ask that said bill 22 retain its place on the Third Reading 23 Calendar. 24 THE PRESIDENT: The amendments 25 are received, and that bill will also retain

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(518) 371-8910 1 its place on the Third Reading Calendar. 2 SENATOR MORAHAN: Madam 3 President, on page 18, Calendar Number 518, 4 Senate Bill 3645, I offer the following 5 amendments on behalf of Senator Young and ask 6 that said bill retain its place on the Third 7 Reading Calendar. 8 THE PRESIDENT: The amendments 9 are received, and the bill will retain its 10 place on the Third Reading Calendar. 11 SENATOR MORAHAN: Madam 12 President, I wish to call up a bill on behalf 13 of Senator Johnson, Senate Bill 6851, having 14 passed both houses and not delivered to the 15 Governor. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 725, by Senator Johnson, Senate Print 6851, an 20 act to authorize. 21 SENATOR MORAHAN: Madam 22 President, I now move to reconsider the vote 23 by which the bill was passed and ask that the 24 bill be restored to the order of third 25 reading.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will call the roll upon reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 41. 5 SENATOR MORAHAN: Madam 6 President, I now offer the following 7 amendments. 8 THE PRESIDENT: The amendments 9 are received, and the bill is restored to the 10 Third Reading Calendar. 11 SENATOR MORAHAN: Madam 12 President, I wish to call up, on behalf of 13 Senator Maziarz, Bill Number 5849B, having 14 passed both houses and not delivered to the 15 Governor. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 432, by Senator Maziarz, Senate Print 5849B, 20 an act to amend the Parks, Recreation and 21 Historic Preservation Law. 22 SENATOR MORAHAN: Madam 23 President, I now move to reconsider the vote 24 by which the bill passed and ask that the bill 25 be restored to the order of third reading.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will call the roll upon reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 41. 5 SENATOR MORAHAN: Madam 6 President, I now offer up the following 7 amendments. 8 THE PRESIDENT: The amendments 9 are received and the bill is restored to its 10 place on the Third Reading Calendar. 11 SENATOR MORAHAN: Madam 12 President, I wish to call up, on behalf of 13 Senator Farley, Senate Bill 5947, having 14 passed both houses and not yet delivered to 15 the Governor. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 337, by Senator Farley, Senate Print 5947, an 20 act to amend Chapter 355 of the Laws of 2005. 21 SENATOR MORAHAN: Madam 22 President, I now move to reconsider the vote 23 by which this bill was passed and ask that the 24 bill be restored to the order of third 25 reading.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will call the roll upon reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 41. 5 SENATOR MORAHAN: Madam 6 President, I now offer up the following 7 amendments. 8 THE PRESIDENT: The bill is 9 restored, and the amendments are received. 10 SENATOR MORAHAN: Thank you, 11 Madam President. 12 THE PRESIDENT: You're welcome. 13 Senator Bonacic. 14 SENATOR BONACIC: Good morning, 15 Madam President. 16 On behalf of Senator Balboni, on 17 page number 17 I offer the following 18 amendments to Calendar Number 469, Senate 19 Print Number 6914, and ask that said bill 20 retain its place on the Third Reading 21 Calendar. 22 THE PRESIDENT: The amendments 23 are received, and the bill will retain its 24 place on the Third Reading Calendar. 25 SENATOR BONACIC: Thank you.

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(518) 371-8910 1 THE PRESIDENT: Senator Meier. 2 SENATOR MEIER: Good morning, 3 Madam President. 4 THE PRESIDENT: Good morning, 5 Senator. 6 SENATOR MEIER: Madam President, 7 I wish to call up Senator Marcellino's bill, 8 Print Number 6862, recalled from the Assembly, 9 which is now at the desk. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: Calendar Number 13 788, by Senator Marcellino, Senate Print 6862, 14 an act to authorize. 15 SENATOR MEIER: Madam President, 16 I now move to reconsider the vote by which 17 this bill was passed. 18 THE PRESIDENT: The Secretary 19 will call the roll upon reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 41. 22 SENATOR MEIER: Madam President, 23 I now offer the following amendments. 24 THE PRESIDENT: The amendments 25 are received.

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(518) 371-8910 1 Senator Morahan. 2 SENATOR MORAHAN: Good morning, 3 Madam President. 4 THE PRESIDENT: Good morning, 5 Senator. It is a good morning. 6 SENATOR WRIGHT: Madam President, 7 do we have substitutions at the desk? 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: On page 16, 11 Senator DeFrancisco moves to discharge, from 12 the Committee on Judiciary, Assembly Bill 13 Number 8109 and substitute it for the 14 identical Senate Bill Number 5530, Third 15 Reading Calendar 440. 16 On page 22, Senator Robach moves to 17 discharge, from the Committee on Civil Service 18 and Pensions, Assembly Bill Number 10155 and 19 substitute it for the identical Senate Bill 20 Number 7084, Third Reading Calendar 617. 21 On page 40, Senator Volker moves to 22 discharge, from the Committee on Local 23 Government, Assembly Bill Number 10176 and 24 substitute it for the identical Senate Bill 25 Number 6799, Third Reading Calendar 972.

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(518) 371-8910 1 On page 45, Senator Libous moves to 2 discharge, from the Committee on 3 Transportation, Assembly Bill Number 10139 and 4 substitute it for the identical Senate Bill 5 Number 7512, Third Reading Calendar 1072. 6 On page 47, Senator Farley moves to 7 discharge, from the Committee on Commerce, 8 Economic Development and Small Business, 9 Assembly Bill Number 10293A and substitute it 10 for the identical Senate Bill Number 7019A, 11 Third Reading Calendar 1093. 12 On page 48, Senator DeFrancisco 13 moves to discharge, from the Committee on 14 Local Government, Assembly Bill Number 9167 15 and substitute it for the identical Senate 16 Bill Number 7457, Third Reading Calendar 1114. 17 On page 54, Senator Balboni moves 18 to discharge, from the Committee on Consumer 19 Protection, Assembly Bill Number 10005 and 20 substitute it for the identical Senate Bill 21 Number 7210, Third Reading Calendar 1195. 22 On page 70, Senator Volker moves to 23 discharge, from the Committee on Codes, 24 Assembly Bill Number 10913 and substitute it 25 for the identical Senate Bill Number 6754,

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(518) 371-8910 1 Third Reading Calendar 1392. 2 On page 81, Senator Leibell moves 3 to discharge, from the Committee on 4 Investigations and Government Operations, 5 Assembly Bill Number 9284A and substitute it 6 for the identical Senate Bill Number 7172, 7 Third Reading Calendar 1500. 8 On page 89, Senator Bruno moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 11496A and substitute it 11 for the identical Senate Bill Number 8076, 12 Third Reading Calendar 1582. 13 And on page 89, Senator Bruno moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 11497A and substitute it 16 for the identical Senate Bill Number 8077, 17 Third Reading Calendar 1583. 18 THE PRESIDENT: Substitutions 19 ordered. 20 Senator Wright. 21 SENATOR WRIGHT: Madam President, 22 may we have the noncontroversial reading of 23 the calendar. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 440, substituted earlier by Member of the 3 Assembly Weinstein, Assembly Print Number 4 8109, an act to amend the General Obligations 5 Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 30th day. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: In relation to 13 Calendar Number 440: Ayes, 40. Nays, 1. 14 Senator Winner recorded in the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 453, by Senator Maziarz, Senate Print 2373A, 19 an act to amend the Penal Law and the 20 Agriculture and Markets Law. 21 THE PRESIDENT: Read the last 22 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 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 41. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 505, by Senator Seward, Senate Print 2633C, an 8 act to amend the Insurance Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 44. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 617, substituted earlier by Member of the 20 Assembly Abbate, Assembly Print Number 10155, 21 an act to repeal paragraph (e) of subdivision 22 4 of Section 209 of the Civil Service Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 44. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 713, by Senator Andrews, Senate Print 3386, an 9 act to amend the Racing, Pari-Mutuel Wagering 10 and Breeding Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 44. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 790, by Senator Marcellino, Senate Print 22 6932A, an act to authorize the Town of Oyster 23 Bay in the County of Nassau. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 790 are 7 Senators Bonacic and Larkin. Ayes, 45. Nays, 8 2. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 830, by Senator DeFrancisco, Senate Print 13 6930, Concurrent Resolution of the Senate and 14 Assembly. 15 THE PRESIDENT: The Secretary 16 will call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 47. 19 THE PRESIDENT: The resolution is 20 passed. 21 THE SECRETARY: Calendar Number 22 832, by Senator DeFrancisco, Senate Print 23 7197, an act to amend the General Obligations 24 Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 SENATOR WRIGHT: Lay it aside for 3 the day. 4 THE PRESIDENT: The bill is laid 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 876, by Senator Maziarz, Senate Print 5719B, 8 an act to amend the General Business Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of April. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE PRESIDENT: Senator Maziarz, 16 to explain your vote. 17 SENATOR MAZIARZ: Thank you very 18 much, Madam President. To explain my vote. 19 This bill has been in negotiation 20 for a couple of years now, and we have an 21 agreement with the Assembly. 22 But I want to make it as clear as 23 possible that the practice of certain -- of a 24 certain well-known national magazine to give 25 you a free six-month trial period during which

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(518) 371-8910 1 you can cancel and not receive any more 2 magazines, who then turn around and charge you 3 for the months you have not received when you 4 cancel, will be prohibited under this 5 legislation as well. 6 In no way should a consumer at the 7 end of a free trial offer have to pay for 8 services or magazines that they have received 9 or -- have received or have not yet received. 10 This bill was also negotiated with 11 the Attorney General, Madam President, who is 12 on board with it. Thank you very much. 13 THE PRESIDENT: The Secretary 14 will announce the results. 15 THE SECRETARY: Ayes, 46. Nays, 16 1. Senator Maltese recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 972, substituted earlier today by Member of 21 the Assembly Schimminger, Assembly Print 22 Number 10176, an act to amend the Local 23 Finance Law. 24 THE PRESIDENT: There is a 25 home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 47. 7 THE PRESIDENT: The bill is 8 passed. 9 And Senator Maziarz will be 10 recorded as voting in the affirmative on 11 S5719B. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: Calendar Number 15 977, by Senator Skelos, Senate Print 7179A, 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: Those recorded in 24 the negative on Calendar Number 977 are 25 Senators Bonacic, Larkin and Rath.

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(518) 371-8910 1 Ayes, 44. Nays, 3. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 978, by Senator Skelos, Senate Print 7180B, an 6 act to authorize. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 978 are 15 Senators Bonacic, Larkin and Rath. 16 Ayes, 44. Nays, 3. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 989, by Senator Little, Senate Print 7754, an 21 act to amend the Real Property Tax Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 48. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1022, by Senator Young, Senate Print 7572, an 8 act to amend the Agriculture and Markets Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 48. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1066, by Senator Larkin, Senate Print 7111, an 20 act to amend the Vehicle and Traffic Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of 25 November.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1066 are 5 Senators Farley, Little, Maziarz, Seward and 6 Winner. 7 Ayes, 43. Nays, 5. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1067, by Senator Larkin, Senate Print 7143A, 12 an act to amend the Vehicle and Traffic Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect one year after it shall 17 have become a law. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 48. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1072, substituted earlier today by Member of 25 the Assembly Gantt, Assembly Print Number

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(518) 371-8910 1 10139, an act to amend Chapter 268 of the Laws 2 of 1989. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 48. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1093, substituted earlier today by Member of 14 the Assembly McEneny, Assembly Print Number 15 10293A, an act to amend the State 16 Administrative Procedure Act. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 90th day. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 48. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1114, substituted earlier today by Member of 3 the Assembly Christensen, Assembly Print 4 Number 9167, an act to amend the Real Property 5 Tax Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 47. Nays, 13 1. Senator Larkin recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1115, by Senator Trunzo, Senate Print 7536, an 18 act in relation to authorizing. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1115 are 2 Senators Bonacic and Larkin. 3 Ayes, 46. Nays, 2. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1119, by Senator Morahan, Senate Print 7252, 8 an act to amend the Mental Hygiene Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 48. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1189, by Senator Fuschillo, Senate Print 2601, 20 an act to amend the General Business Law and 21 the Executive Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the 120th day.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE PRESIDENT: Senator 4 Marcellino, to explain your vote. 5 SENATOR MARCELLINO: Thank you, 6 Madam President. 7 I rise to commend my colleague 8 Senator Fuschillo for this bill. Recently a 9 2-year-old boy in my district was found dead 10 in a pool that he had gotten into. No one 11 knew it, no one heard it, and a young child is 12 dead. 13 It is absolutely an imperative that 14 we take whatever precautions, put on whatever 15 devices should be put onto the pools, fences, 16 gates, to make sure that should a tragedy like 17 this happen, the family's neighbors are 18 warned. At least somebody might have been 19 able to reach that child before he expired. 20 This is a good bill. Thank you, 21 Senator Fuschillo. I vote aye. 22 THE PRESIDENT: You will be 23 recorded as voting in the affirmative, Senator 24 Marcellino. 25 The Secretary will announce the

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(518) 371-8910 1 results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 1189 are 4 Senators Coppola, Little, Meier and Savino. 5 Also Senator Seward. Also Senator Winner. 6 Also Senator Robach. 7 Ayes, 44. Nays, 7. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1194, by Senator Fuschillo, Senate Print 12 7192A, an act to amend the General Business 13 Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 51. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1195, substituted earlier today by Member of 25 the Assembly Paulin, Assembly Print Number

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(518) 371-8910 1 10005, an act to amend the General Business 2 Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 51. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1201, by Senator Saland, Senate Print 7630, an 14 act to amend the General Business Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 51. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1225, by Senator Marcellino, Senate Print

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(518) 371-8910 1 3569A, an act to amend the Environmental 2 Conservation Law and others. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 16. This 6 act shall take effect on the 180th day. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 51. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1228, by Senator Bonacic, Senate Print 5264B, 14 an act to amend the Environmental Conservation 15 Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 51. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1229, by Senator Little, Senate Print 5288, an 2 act to amend the Environmental Conservation 3 Law and the County Law. 4 THE PRESIDENT: There is a local 5 fiscal impact note at the desk. 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 51. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1259, by Senator Robach, Senate Print 5791, an 16 act to amend the Civil Service Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE PRESIDENT: Senator Duane, to 24 explain your vote. 25 SENATOR DUANE: Thank you, Madam

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(518) 371-8910 1 President. 2 Well-intentioned and needed though 3 this commission on increasing diversity in 4 state government is, I cannot vote for it. 5 And I just want my colleagues -- actually on 6 both sides of the aisle, but particularly this 7 side of the aisle, to know why I'm not voting 8 for it. 9 There is no minority party 10 representation on this commission, and I don't 11 really think that's a way to do business. I 12 think that we need to make sure that all 13 parties who play a role in state government 14 should be a part of a commission such as this. 15 And so I would recommend to my 16 colleagues that we vote no on this, because 17 commissions such as this, particularly 18 independent commissions -- of course you would 19 hope most commissions would be independent, 20 but when they're actually called "independent 21 commissions," they should have representation 22 from the minority parties of both houses of 23 the Legislature. 24 So I would suggest that my 25 colleagues here today -- on both sides of the

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(518) 371-8910 1 aisle, of course, would be welcome to vote 2 no -- but particularly on this side of the 3 aisle vote no on this particular bill. 4 Thank you, Madam President. I'll 5 be voting no. 6 THE PRESIDENT: And you will be 7 so recorded as voting in the negative, 8 Senator. 9 The Secretary will announce the 10 results. 11 Would those members voting in the 12 negative please raise your hand. 13 Senator Breslin, to explain your 14 vote. 15 SENATOR BRESLIN: Thank you, 16 Madam President, to explain my vote. 17 I commend Senator Robach for 18 proposing legislation, because anytime we 19 increase diversity in state government it's a 20 benefit. 21 But I have to totally agree with my 22 fellow Senator, Senator Duane, who talks about 23 the participation in government that make 24 those decisions. 25 And when you exclude the minorities

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(518) 371-8910 1 in each house from that process -- and 2 ironically, in a bill when you're creating 3 diversity -- and no one has more diversity 4 than the Senate minority. So it speaks for 5 itself that we should be involved, and 6 accordingly I vote nay. 7 THE PRESIDENT: You will be 8 recorded, Senator Breslin, as voting in the 9 negative on this bill. 10 The Secretary will announce the 11 results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1259 are 14 Senators Breslin, Dilan, Duane, 15 Hassell-Thompson, L. Krueger, Oppenheimer, 16 Parker, Paterson, Sabini, Savino, M. Smith, 17 Stachowski and Stavisky. Also Senator 18 Onorato. 19 Ayes, 39. Nays, 14. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1283, by Senator Winner, Senate Print 7289, an 24 act to ratify, legalize and validate certain 25 acts and proceedings.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 5. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 53. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1286, by Senator Wright, Senate Print 7518, an 12 act in relation to authorizing. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 53. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1359, by Senator Flanagan, Senate Print 3709, 24 an act to amend the Vehicle and Traffic Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1360, by Senator Johnson, Senate Print 6852A, 11 an act to amend the Tax Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first day of the 16 quarterly period. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 53. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1375, by Senator Volker, Senate Print 192, an 24 act to repeal the closing paragraph of 25 subdivision 4 of Section 2.10 of the Criminal

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(518) 371-8910 1 Procedure Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1375 are 10 Senators Duane, L. Krueger and Parker. 11 Ayes, 50. Nays, 3. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1377, by Senator Nozzolio, Senate Print 503A, 16 an act to amend the Criminal Procedure Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 52. Nays, 24 1. Senator Duane recorded in the negative. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1384, by Senator Spano, Senate Print 3139, an 4 act to amend the Penal Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of 9 November. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 53. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1389, by Senator Young, Senate Print 6237, an 17 act to amend the Criminal Procedure Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of 22 November. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE PRESIDENT: Senator Duane, to

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(518) 371-8910 1 explain your vote. 2 SENATOR DUANE: Thank you, Madam 3 President. 4 I'm going to vote against this 5 bill, which denies youthful offender treatment 6 to persons convicted of Class B violent felony 7 offenses. 8 And I actually believe that we 9 should be adding more categories to the 10 youthful offender status, not taking away 11 youthful offender status. And I also think 12 that we need to make sure that there's 13 discretion in all of these cases. 14 I think it's a tragedy that we seem 15 to be so much more interested, in this body, 16 in locking up our at-risk children. I think 17 it's more important that we look at each case 18 on an individual basis, because usually the 19 circumstances are quite unique. 20 And at the very least, we should 21 have a hearing on this whole issue of youthful 22 offender status. 23 You know, I have to think and I 24 believe that mental health experts and 25 criminal justice experts would probably agree

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(518) 371-8910 1 that children who commit violent crimes might 2 in fact be deterred from committing violent 3 crimes if they got the proper mental health 4 treatment. But of course many New York 5 families can't afford mental health treatment 6 for their families because we have yet to pass 7 Timothy's Law in this body. 8 With the passage of Timothy's Law, 9 more New York families would be able to pay 10 for chemical and addiction treatment, other 11 kinds of mental health problems. But instead, 12 we want to just throw away the key on young 13 people rather than try to get them the 14 professional help that they need. 15 I don't know why we're so afraid of 16 trying to help young people. I don't know why 17 we're so afraid of passing Timothy's Law. 18 Another week has gone by; more 19 families are still lacking in mental health 20 care treatment because they can't afford it. 21 And what are we doing about? Absolutely 22 nothing. 23 Now we have two weeks left. Are we 24 going to really be the disgrace of the 25 New York State Legislature by not passing

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(518) 371-8910 1 Timothy's Law in the State Senate? I hope 2 not. I hope not. Come on. It's time to do 3 the right thing. It's time to make sure that 4 all families are able to get the mental health 5 care that they need and deserve. Let's get 6 Timothy's Law on the floor of the Senate here, 7 and let's get it passed. 8 Thank you, Madam President. 9 THE PRESIDENT: You will be 10 recorded as voting in the negative on this 11 bill, Senator. 12 Senator Young, to explain your 13 vote. 14 SENATOR YOUNG: Thank you, Madam 15 President, to explain my vote. 16 I sponsored this bill for many 17 reasons. But basically what it does, it 18 changes the youthful offender status for 19 teenage criminals age 16 to 18 so that all who 20 are convicted under Class B violent felonies 21 would be included and not be able to get 22 youthful offender status any longer. 23 And this is so important because 24 we're talking about serious crimes. These are 25 dangerous crimes committed by dangerous

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(518) 371-8910 1 people. Among the crimes that would be added 2 so that they could no longer get youthful 3 offender status are attempted second-degree 4 murder, first-degree manslaughter, 5 first-degree robbery and burglary if no 6 firearm is used, second-degree arson, and 7 kidnapping. 8 And that's why this is so 9 important. Because when a teenager commits 10 this level of violent crime, there should be 11 consequences. We should protect society from 12 dangerous people. 13 And I want to thank my colleagues 14 for voting for this particular bill, and I 15 vote in the affirmative. 16 THE PRESIDENT: You will be 17 recorded as voting in the affirmative, Senator 18 Young. 19 The Secretary will soon announce 20 the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1389 are 23 Senators Duane, Hassell-Thompson, L. Krueger, 24 Parker and Schneiderman. 25 Ayes, 49. Nays, 5.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1392, substituted earlier today by Member of 5 the Assembly Titus, Assembly Print Number 6 10913, an act to amend the Civil Rights Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 30th day. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 54. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1393, by Senator DeFrancisco, Senate Print 18 6838, an act to amend the Penal Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 54. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1395, by Senator LaValle, Senate Print 7117A, 6 an act to amend the Penal Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 32. This 10 act shall take effect on the first of 11 November. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 54. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1410, by Senator Winner, Senate Print 6940, an 19 act to amend the Highway Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 54. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1419, by Senator Johnson, Senate Print 7447B, 6 an act to amend the Vehicle and Traffic Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 120th day. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 53. Nays, 14 1. Senator Duane recorded in the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1421, by Senator Young, Senate Print 7777, an 19 act to amend the Highway Law, in relation to 20 designating a portion of Route 16 within the 21 County of Cattaraugus as the "Senator Patricia 22 K. McGee Memorial Highway." 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 3. 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 PRESIDENT: Senator Young, to 5 explain your vote. 6 SENATOR YOUNG: Thank you, Madam 7 President, to explain my vote. 8 I think it's very fitting that we 9 have this tribute to Senator Patricia K. McGee 10 pass today in the Legislature. This morning 11 there was a very moving ecumenical service in 12 memory of the deceased members of the 13 Legislature who have passed away over the past 14 year. 15 And I want to thank my colleague 16 Senator Dale Volker for his dedication to 17 making sure that memorial service happens 18 every single year. And that's wonderful, 19 Dale, and thank you so much for doing that. 20 Senator Pat McGee was many things, 21 but she most of all was a dedicated public 22 servant who spent 10 years in the Cattaraugus 23 County Legislature, 14 years in the State 24 Assembly, and then six years in the State 25 Senate. And unfortunately we lost her, she

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(518) 371-8910 1 passed away on April 2nd of 2005. But in our 2 district, her memory lives on. 3 This is a great tribute to Senator 4 McGee, because it's Route 16, which starts at 5 the Pennsylvania border and winds all the way 6 up north through Cattaraugus County and ends 7 up in Delevan, where Pat McGee was born. 8 Pat McGee, however, lived in 9 Franklinville. And this particular roadway 10 goes through her beloved town where she lived 11 for many, many years. And she drove on this 12 road every single day. 13 So this is why it's so important. 14 We'll be doing a dedication ceremony in my 15 district later on this year. But again, I 16 want to thank my colleagues for passing this 17 legislation today. 18 I vote yes. 19 THE PRESIDENT: And you will be 20 so recorded, Senator Young. 21 Senator Hassell-Thompson, to 22 explain your vote. 23 SENATOR HASSELL-THOMPSON: Yes, 24 thank you, Madam President. 25 Six years ago, when I first came to

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(518) 371-8910 1 the State Senate, one of the first people that 2 I found to be very open and friendly and 3 supportive was Pat McGee. 4 You always commented to the fact 5 that she was the person who made sure that 6 your resolutions were seconded. Well, she 7 just was that way for all of us, and certainly 8 for me. 9 And she and I became personal 10 friends, and she gave me a lot of guidance. 11 And I really miss that. And I thank you, 12 Senator Young, for this tribute and the 13 opportunity to vote on something very special 14 for someone that I think is a very special 15 woman. 16 THE PRESIDENT: You will be 17 recorded as voting in the affirmative, Senator 18 Hassell-Thompson. 19 Senator Volker, to explain your 20 vote. 21 SENATOR VOLKER: Madam President, 22 I just want to comment quickly. 23 The memorial service this morning 24 probably was one of the more difficult ones 25 for me, because there were so many people who

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(518) 371-8910 1 were really close to me who died in the past 2 year, with the recent death of Betty Connelly 3 and obviously Pat McGee and Sandra Lee Wirth 4 and so many. 5 But let me just say I want to thank 6 Senator Young for working this out. The 7 interesting part of it is that there were so 8 many highways that people wanted to name after 9 Senator McGee -- part of 219, if I remember 10 right, 352, and all sorts of things. I think 11 that's one of the reasons why it took a little 12 time to finally come up with Route 16, which I 13 think really, really a fitting tribute for 14 her. I thank you for doing that. 15 And one of the things that I firmly 16 believe is that people do not realize the 17 value and the importance of the people who 18 have been in this chamber and in the other 19 chamber to the lives of the people of this 20 state. 21 And one of the things is -- and 22 when I go down to Long Island and I get on the 23 expressway down there -- and in the middle of 24 the night one night I was driving along, and 25 there was the Norman Levy Expressway. And it

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(518) 371-8910 1 kind of just jars you when you see that and 2 realize that it's someone that you knew so 3 well. 4 So thank you, Senator Young, and I 5 vote in the affirmative. 6 THE PRESIDENT: You will be 7 recorded as voting in the affirmative, Senator 8 Volker. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: Ayes, 54. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1430, by Senator Rath, Senate Print 6423, an 16 act to amend the Real Property Tax Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 54. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1474, by Senator Flanagan, Senate Print 7911, 3 an act to amend Chapter 237 of the Laws of 4 2005 amending the Election Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 54. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1477, by Senator Morahan, Senate Print 7063, 16 an act authorizing the Greenwood Lake Union 17 Free School District. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 54. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1481, by Senator Saland, Senate Print 7696, an 4 act to amend the Education Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 5. This 8 act shall take effect September 1, 2006. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 54. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1486, by Senator LaValle, Senate Print 4803, 16 an act -- 17 SENATOR WRIGHT: Lay it aside for 18 the day, please. 19 THE PRESIDENT: The bill is laid 20 aside for the day. 21 THE SECRETARY: Calendar Number 22 1500, substituted earlier today by Member of 23 the Assembly Destito, Assembly Print Number 24 9284A, an act -- 25 SENATOR WRIGHT: Lay it aside for

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(518) 371-8910 1 the day, please. 2 THE PRESIDENT: The bill is laid 3 aside for the day. 4 THE SECRETARY: Calendar Number 5 1528, by Senator Larkin, Senate Print 7156, an 6 act to authorize the City of Kingston. 7 THE PRESIDENT: There is a 8 home-rule message at the desk. 9 Read the last 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, 54. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1582, substituted earlier today by Member of 19 the Assembly Silver, Assembly Print Number 20 11496A, an 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, 54. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1583, substituted earlier today by Member of 7 the Assembly Silver, Assembly Print Number 8 11497A, an act to amend the Public Health Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 54. 16 THE PRESIDENT: The bill is 17 passed. 18 Senator Wright, that completes the 19 reading of the calendar. 20 SENATOR WRIGHT: Thank you, Madam 21 President. 22 I'd like to announce an immediate 23 meeting of the Rules Committee to be convened 24 in the Majority Conference Room. 25 THE PRESIDENT: There will be an

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(518) 371-8910 1 immediate meeting of the Rules Committee in 2 the Majority Conference Room. 3 SENATOR WRIGHT: And for the 4 members' information, we anticipate that upon 5 completion of the Rules Committee meeting we 6 will accept a Rules report for Monday and then 7 we will adjourn. 8 THE PRESIDENT: Senator 9 Fuschillo. 10 SENATOR FUSCHILLO: Madam 11 President, on behalf of Senator Golden, on 12 page number 68 I offer the following 13 amendments to Calendar Number 1372, Senate 14 Print Number 6622, and ask that said bill 15 retain its place on Third Reading Calendar. 16 THE PRESIDENT: The amendments 17 are received, and the bill will retain its 18 place on the Third Reading Calendar. 19 The Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 11:53 a.m.) 22 (Whereupon, the Senate reconvened 23 at 12:09 p.m.) 24 SENATOR BALBONI: Madam 25 President.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Balboni. 3 SENATOR BALBONI: May we please 4 return to the reports of standing committees. 5 I believe there's a report of the 6 Rules Committee at the desk. 7 ACTING PRESIDENT LITTLE: Reports 8 of standing committees. 9 The Secretary will read. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bills: 13 Senate Print 198, by Senator 14 Trunzo, an act to amend the Public Authorities 15 Law; 16 1029, by Senator Sampson, an act to 17 amend the Penal Law; 18 1263, by Senator Padavan, an act to 19 amend the Criminal Procedure Law; 20 1373, by Senator Seward, an act to 21 amend the Real Property Tax Law; 22 1977, by Senator Nozzolio, an act 23 to amend the Executive Law and the Military 24 Law; 25 2369A, by Senator Marcellino, an

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(518) 371-8910 1 act to require; 2 2431B, by Senator Padavan, an act 3 to amend the Tax Law; 4 3304C, by Senator Winner, an act to 5 amend the Education Law; 6 3332B, by Senator Seward, an act 7 authorizing; 8 3335, by Senator Maziarz, an act in 9 relation to authorizing; 10 3704, by Senator Alesi, an act to 11 amend the Executive Law; 12 3927A, by Senator Rath, an act to 13 amend the Tax Law; 14 4169A, by Senator Skelos, an act to 15 amend the Tax Law; 16 4674C, by Senator Spano, an act to 17 authorize; 18 4722, by Senator Leibell, an act to 19 amend the Public Authorities Law; 20 4912B, by Senator Little, an act to 21 grant; 22 4936A, by Senator Rath, an act to 23 amend the Correction Law; 24 5180, by the Senate Committee on 25 Rules, an act authorizing;

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(518) 371-8910 1 5231A, by Senator Flanagan, an act 2 to amend the Correction Law; 3 5681A, by Senator Volker, an act to 4 amend the Tax Law; 5 5772, by Senator Duane, an act to 6 amend the Criminal Procedure Law; 7 6008, by Senator Larkin, an act to 8 amend the Social Services Law and the Real 9 Property Tax Law; 10 6430, by Senator Volker, an act in 11 relation to granting; 12 6515, by Senator Leibell, an act to 13 amend the Real Property Tax Law; 14 6658, by Senator Rath, an act to 15 amend the Tax Law; 16 6681, by Senator Wright, an act to 17 amend the Social Services Law; 18 6688, by Senator Young, an act to 19 authorize; 20 6719, by Senator Padavan, an act to 21 amend the Retirement and Social Security Law; 22 6785A, by Senator Johnson, an act 23 to authorize; 24 6816, by Senator Winner, an act to 25 amend the New York State Urban Development

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(518) 371-8910 1 Corporation Act; 2 6819, by Senator Young, an act to 3 amend the Tax Law; 4 6856, by Senator Larkin, an act to 5 authorize; 6 6953A, by Senator Bonacic, an act 7 to amend the Real Property Tax Law; 8 7003, by Senator Morahan, an act to 9 authorize; 10 7016, by Senator Young, an act to 11 exempt; 12 7022, by Senator Wright, an act 13 authorizing; 14 7309, by Senator Flanagan, an act 15 to authorize; 16 7333A, by Senator Marcellino, an 17 act to authorize; 18 And Senate Print 7843, by Senator 19 Morahan, an act to amend the Penal Law and 20 others. 21 All bills ordered direct to third 22 reading. 23 ACTING PRESIDENT LITTLE: Senator 24 Balboni. 25 SENATOR BALBONI: Yes, Madam

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(518) 371-8910 1 President. I move that we accept the report 2 of the Rules Committee. 3 ACTING PRESIDENT LITTLE: All 4 those in favor of accepting the report of the 5 Rules Committee say aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT LITTLE: Those 8 opposed? 9 (No response.) 10 ACTING PRESIDENT LITTLE: The 11 report is accepted. 12 SENATOR BALBONI: Madam 13 President, I'd like to at this time call up my 14 bill, Print Number 184, recalled from the 15 Assembly, which is now at the desk. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 464, by Senator Balboni, Senate Print 184, an 21 act to amend the Executive Law. 22 SENATOR BALBONI: Madam 23 President, I now move to reconsider the vote 24 by which this bill passed the house. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Secretary will call the roll to reconsider the 2 vote. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 54. 5 SENATOR BALBONI: Madam 6 President, I now offer the following 7 amendments. 8 ACTING PRESIDENT LITTLE: The 9 amendments are received. 10 SENATOR BALBONI: Madam 11 President, I wish to note that on page number 12 82 I offer the following amendments, on behalf 13 of Senator Volker, to Calendar Number 1512, 14 Senate Print 5124A, and ask that the said bill 15 retain its place on the Third Reading 16 Calendar. 17 ACTING PRESIDENT LITTLE: The 18 amendments are received, and the bill will 19 retain its place on the Third Reading 20 Calendar. 21 SENATOR BALBONI: And with that, 22 Madam President, is there any other 23 housekeeping at the desk? 24 ACTING PRESIDENT LITTLE: No, 25 there is not, Senator Balboni.

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(518) 371-8910 1 SENATOR BALBONI: There being no 2 further business, I move we adjourn until 3 Monday, June 12th, at 3:00 o'clock, 4 intervening days being legislative days. 5 ACTING PRESIDENT LITTLE: On 6 motion, the Senate stands adjourned until 7 Monday, June 12th, at 3:00 p.m., intervening 8 days being legislative days. 9 (Whereupon, at 12:14 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910