Thursday, June 15, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 15, 2006 11 11:08 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 Wednesday, June 14, the Senate met pursuant to 18 adjournment. The Journal of Tuesday, June 13, 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 Bonacic. 8 SENATOR BONACIC: Good morning, 9 Madam President. 10 THE PRESIDENT: Good morning, 11 Senator. 12 SENATOR BONACIC: First of all, 13 on behalf of myself, I wish to call up my 14 bill, Number 6952B, having passed both houses 15 and not delivered to the Governor. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 726, by Senator Bonacic, Senate Print 6952B, 20 an act to authorize. 21 SENATOR BONACIC: I now move to 22 reconsider the vote by which this bill was 23 passed and ask that the bill be restored to 24 the order of third reading. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will call the roll upon reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 41. 4 SENATOR BONACIC: Madam 5 President, I now offer up the following 6 amendments. 7 THE PRESIDENT: The amendments 8 are received. 9 Senator Fuschillo. 10 Senator Bonacic, please continue. 11 SENATOR BONACIC: Good morning 12 again. 13 THE PRESIDENT: And please 14 continue again. 15 SENATOR BONACIC: On behalf of 16 Senator Fuschillo, I wish to call up his bill, 17 Print Number 785A, recalled from the Assembly, 18 which is now at the desk. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 45, by Senator Fuschillo, Senate Print 785A, 23 an act to amend the Tax Law. 24 SENATOR BONACIC: Madam 25 President, I now move to reconsider the vote

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(518) 371-8910 1 by which the bill was passed. 2 THE PRESIDENT: The Secretary 3 will call the roll upon reconsideration. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 41. 6 SENATOR BONACIC: Madam 7 President, I now offer the following 8 amendments. 9 THE PRESIDENT: The amendments 10 are received. 11 SENATOR BONACIC: Continuing, on 12 behalf of Senator Fuschillo again, I wish to 13 call up his bill, Print Number 7556A, recalled 14 from the Assembly, which is now at the desk. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 986, by Senator Fuschillo, Senate Print 7556A, 19 an act to authorize. 20 SENATOR BONACIC: Madam 21 President, I now move to reconsider the vote 22 by which the bill was passed. 23 THE PRESIDENT: The Secretary 24 will call the roll upon reconsideration. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 41. 2 SENATOR BONACIC: Madam 3 President, I now offer the following 4 amendments. 5 THE PRESIDENT: The amendments 6 are received. 7 SENATOR BONACIC: On behalf of 8 Senator Little, Madam President, on page 9 number 9, I offer the following amendments to 10 Calendar Number 260, Print Number 6002, and 11 ask that said bill retain its place on Third 12 Reading Calendar. 13 THE PRESIDENT: The amendments 14 are received, and the bill will retain its 15 place on the Third Reading Calendar. 16 SENATOR BONACIC: And finally, on 17 behalf of Senator Golden, on page number 72 I 18 offer the following amendments to Calendar 19 Number 1744, Senate Print Number 7885A, and 20 ask that said bill retain its place on the 21 Third Reading 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 Madam President. 2 THE PRESIDENT: You're welcome, 3 Senator. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Madam 6 President, are there any substitutions at the 7 desk? 8 THE PRESIDENT: Yes, there are, 9 Senator. 10 The Secretary will read. 11 THE SECRETARY: On page 10, 12 Senator Breslin moves to discharge, from the 13 Committee on Rules, Assembly Bill Number 9188A 14 and substitute it for the identical Senate 15 Bill Number 6263A, Third Reading Calendar 292. 16 On page 20, Senator Padavan moves 17 to discharge, from the Committee on Cities, 18 Assembly Bill Number 10291 and substitute it 19 for the identical Senate Bill Number 7048, 20 Third Reading Calendar 614. 21 On page 22, Senator Morahan moves 22 to discharge, from the Committee on Mental 23 Health and Developmental Disabilities, 24 Assembly Bill Number 9986A and substitute it 25 for the identical Senate Bill Number 6706A,

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(518) 371-8910 1 Third Reading Calendar 685. 2 On page 32, Senator DeFrancisco 3 moves to discharge, from the Committee on 4 Rules, Assembly Bill Number 10863A and 5 substitute it for the identical Senate Bill 6 Number 7365, Third Reading Calendar 914. 7 On page 40, Senator Maziarz moves 8 to discharge, from the Committee on Social 9 Services, Children and Families, Assembly Bill 10 Number 10204 and substitute it for the 11 identical Senate Bill Number 6284, Third 12 Reading Calendar 1098. 13 On page 46, Senator Bonacic moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 11338 and substitute it 16 for the identical Senate Bill Number 7013, 17 Third Reading Calendar 1231. 18 On page 50, Senator Maziarz moves 19 to discharge, from the Committee on Rules, 20 Assembly Bill Number 11326 and substitute it 21 for the identical Senate Bill Number 3234A, 22 Third Reading Calendar 1312. 23 On page 53, Senator Hannon moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11236 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5087A, 2 Third Reading Calendar 1347. 3 On page 53, Senator Volker moves to 4 discharge, from the Committee on Health, 5 Assembly Bill Number 1254 and substitute it 6 for the identical Senate Bill Number 6991, 7 Third Reading Calendar 1349. 8 On page 54, Senator Larkin moves to 9 discharge, from the Committee on Aging, 10 Assembly Bill Number 399 and substitute it for 11 the identical Senate Bill Number 62, Third 12 Reading Calendar 1366. 13 On page 63, Senator Flanagan moves 14 to discharge, from the Committee on Crime 15 Victims, Crime and Correction, Assembly Bill 16 Number 3691 and substitute it for the 17 identical Senate Bill Number 2830, Third 18 Reading Calendar 1509. 19 On page 65, Senator Little moves to 20 discharge, from the Committee on Local 21 Government, Assembly Bill Number 10485 and 22 substitute it for the identical Senate Bill 23 Number 7698, Third Reading Calendar 1541. 24 On page 65, Senator Little moves to 25 discharge, from the Committee on Local

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(518) 371-8910 1 Government, Assembly Bill Number 10477 and 2 substitute it for the identical Senate Bill 3 Number 7699, Third Reading Calendar 1542. 4 On page 65, Senator Seward moves to 5 discharge, from the Committee on Local 6 Government, Assembly Bill Number 10649 and 7 substitute it for the identical Senate Bill 8 Number 7886, Third Reading Calendar 1546. 9 On page 70, Senator Robach moves to 10 discharge, from the Committee on Mental Health 11 and Developmental Disabilities, Assembly Bill 12 Number 5385 and substitute it for the 13 identical Senate Bill Number 3522, Third 14 Reading Calendar 1733. 15 On page 71, Senator Oppenheimer 16 moves to discharge, from the Committee on 17 Rules, Assembly Bill Number 10239 and 18 substitute it for the identical Senate Bill 19 Number 7186, Third Reading Calendar 1739. 20 On page 71, Senator Marcellino 21 moves to discharge, from the Committee on 22 Consumer Protection, Assembly Bill Number 9595 23 and substitute it for the identical Senate 24 Bill Number 7394, Third Reading Calendar 1740. 25 And on page 73, Senator Nozzolio

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(518) 371-8910 1 moves to discharge, from the Committee on 2 Rules, Assembly Bill Number 11232 and 3 substitute it for the identical Senate Bill 4 Number 8086, Third Reading Calendar 1759. 5 THE PRESIDENT: Substitutions 6 ordered. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Madam 9 President, may we please adopt the Resolution 10 Calendar. 11 THE PRESIDENT: All in favor of 12 adopting the Resolution Calendar please 13 signify by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The Resolution 18 Calendar is adopted. 19 Senator Fuschillo. 20 SENATOR FUSCHILLO: Madam 21 President, there was a previously adopted 22 resolution at the desk by Senator Golden. May 23 we please have the title read. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Golden, Legislative Resolution Number 4766, 3 memorializing Governor George E. Pataki to 4 proclaim June 2006 as Elder Abuse Awareness 5 Month in the State of New York. 6 THE PRESIDENT: Senator Golden. 7 SENATOR GOLDEN: Good morning, 8 Madam President. I rise to talk about the 9 elder abuse going on here and in the state and 10 the nation and in the world. 11 We adopted a resolution here on 12 April 25th for Elder Abuse Day here in the 13 State of New York. And today, in the 14 concourse, we have the World Health 15 Organization, in association with the 16 International Network for the Prevention of 17 Elder Abuse is observing today, June 15th, as 18 the first World Elder Abuse Awareness Day. 19 They state that abuse, neglect and 20 financial exploitation of elders is much more 21 common than society admits. Abuse to the 22 elderly within the family is no longer a 23 hushed-up, dark secret. Numerous instances of 24 harassment of senior citizens is coming to 25 light. However, a combination of fear,

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(518) 371-8910 1 pressure to uphold the family name, and the 2 lack of awareness on where to turn for help 3 results in many of the cases remaining hidden. 4 If we look in our own communities 5 today, with 3 million seniors here in the 6 state of New York, and we see what I see going 7 on in Brooklyn, where we have our seniors 8 actually beaten, actually being prisoners in 9 their own homes, actual complaints of broken 10 legs and broken arms and being thrown 11 downstairs. And it's uncalled, it's 12 unnecessary, it's inhumane, and it's time that 13 we as a state and we as a nation understand 14 what's going on with this elder abuse and come 15 to terms with it. 16 Physicians and counselors who work 17 with the victims believe that for every 18 instance of abuse that is reported, there are 19 scores that never come to light. 20 The harassment ranges from neglect, 21 ill treatment, to physical harm and of course 22 the different things that I've just named of 23 these different seniors being assaulted by 24 their loved ones and arms breaking and legs 25 being broken.

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(518) 371-8910 1 Many organizations receive an 2 average of 10 to 15 complaints every day of 3 abuse of elderly men and women by their own 4 children. What is worrying is that the abuse 5 is prevalent even in the well-educated strata. 6 I would like the victims of abuse 7 to know that help is available and to seek 8 assistance instead of suffering in silence. 9 And that's what today is about, and that's 10 what that conference has done back on 11 April 25th. 12 We continue to acknowledge it, and 13 we continue to assist the organizations around 14 this state, to make sure that we get this 15 dirty little family secret out and that these 16 seniors are taken care of. 17 Thank you, Madam President. 18 THE PRESIDENT: Thank you, 19 Senator Golden. That resolution was 20 previously adopted. 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Madam 23 President, please recognize Senator Farley for 24 a motion. 25 THE PRESIDENT: Senator Farley.

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(518) 371-8910 1 SENATOR FARLEY: Thank you, Madam 2 President, and good morning. 3 On behalf of myself, on page 66, I 4 offer the following amendments to Calendar 5 Number 1562, Senate Print 7431, and I ask that 6 that bill retain its place on the Third 7 Reading Calendar. 8 THE PRESIDENT: The amendments 9 are received. The bill will retain its place 10 on the Third Reading Calendar. 11 Senator Fuschillo. 12 SENATOR FUSCHILLO: Madam 13 President, may we please have the reading of 14 the noncontroversial calendar. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 292, substituted earlier by Member of the 19 Assembly McEneny, Assembly Print Number 9188A, 20 an act to amend the Real Property Tax 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, 49. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 333, by Senator Morahan, Senate Print 6538A, 7 an act to repeal Chapter 635 of the Laws of 8 1973. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 6. This 12 act shall take effect July 1, 2006. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 49. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 339, by Senator Volker, Senate Print 6334B, an 20 act to amend the Tax Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 30th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 49. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 341, by Senator Little, Senate Print 6388C, an 7 act to amend the Tax Law. 8 THE PRESIDENT: There is a local 9 fiscal impact note at the desk. 10 Read the last 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, 48. Nays, 16 1. Senator Valesky recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 353, by Senator LaValle, Senate Print 4642A, 21 an act to amend the Education Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 14. This 25 act shall take effect on the 180th day.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 49. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 432, by Senator Maziarz, Senate Print 5849D, 8 an act to amend the Parks, Recreation and 9 Historic Preservation Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 49. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 435, by Senator Volker, Senate Print 193B, an 21 act to amend the Real Property Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of January.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 48. Nays, 4 1. Senator Nozzolio recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 449, by Senator Golden, Senate Print -- 9 SENATOR FUSCHILLO: Lay it aside 10 temporarily. 11 THE PRESIDENT: The bill is laid 12 aside temporarily. 13 THE SECRETARY: Calendar Number 14 521, by Senator Young, Senate Print 6956A, an 15 act to amend the Agriculture and Markets 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, 49. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 537, by Senator LaValle, Senate Print 2621A, 2 an act in relation to granting. 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. Nays, 10 1. Senator Bonacic recorded in the negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 552, by Senator Spano, Senate Print 6326A, an 15 act to amend the Education Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 356th day after 20 it shall have become a law. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 49. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 588, by Senator Saland, Senate Print 5416A, an 3 act to amend the Education Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 29. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 49. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 609, by Senator Alesi, Senate Print 1078A, an 15 act to amend the Labor 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, 49. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 614, substituted earlier by Member of the 2 Assembly Silver, Assembly Print Number 10291, 3 an act to amend Chapter 890 of the Laws of 4 1982. 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, 50. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 615, by Senator Spano, Senate Print 4752B, an 16 act to amend the Retirement and Social 17 Security Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 6. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 50. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 662, by Senator LaValle, Senate Print 2450A, 4 an act to amend the Vehicle and Traffic Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 4. 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, 50. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 673, by Senator LaValle, Senate Print 4716A, 17 an act to authorize. 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, 51. Nays, 25 1. Senator Bonacic recorded in the negative.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 678, by Senator Balboni, Senate Print 6783A, 5 an act authorizing the assessor of the County 6 of Nassau. 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: Ayes, 52. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 685, substituted earlier today by Member of 18 the Assembly Rivera, Assembly Print Number 19 9986A, an act to amend the Mental Hygiene 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 PRESIDENT: Senator 2 Hassell-Thompson, to explain your vote. 3 SENATOR HASSELL-THOMPSON: Yes, 4 Madam President, thank you. 5 THE PRESIDENT: You're welcome. 6 SENATOR HASSELL-THOMPSON: I 7 wanted to explain that I am voting in support 8 of this bill and I'm encouraging many of my 9 colleagues to do so. 10 One of the things that I appreciate 11 is when a bill comes before us and it's weak 12 or it lacks expansion and the broadness that 13 it needs, and when a colleague takes the time 14 to listen and to change it, I'm greatly 15 appreciated. 16 Nurse practitioners have now been 17 added to this bill, and it expands the 18 capacity and capability of staff to be able to 19 add support to services. So I am now in 20 support of this bill and, as I said, I 21 encourage my colleagues to do so as well. 22 Thank you, Madam President. 23 THE PRESIDENT: And you will be 24 so recorded as voting in the affirmative, 25 Senator.

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(518) 371-8910 1 The Secretary will announce the 2 results. 3 THE SECRETARY: Ayes, 53. Nays, 4 1. Senator Duane recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 694, by Senator Seward, Senate Print 6677A, an 9 act to amend the Tax Law. 10 THE PRESIDENT: There is a local 11 fiscal impact note at the desk. 12 Read the last 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, 53. Nays, 18 1. Senator Valesky recorded in the negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 695, by Senator LaValle, Senate Print 7103A, 23 an act to amend the Tax Law. 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 on the first day of a 3 sales tax quarterly period. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 54. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 702, by Senator Wright, Senate Print 5690, an 11 act to amend the Public Service Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 90th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 54. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 836, by Senator Larkin, Senate Print 6937, an 23 act to amend the Retirement and Social 24 Security 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, 54. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 852, by Senator Robach, Senate Print 1903, an 11 act to amend the General Municipal Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 53. Nays, 19 1. Senator Duane recorded in the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 882, by Senator Fuschillo, Senate Print 7686A, 24 an act to amend the General Business Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of July. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 54. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 914, substituted earlier today by Member of 11 the Assembly Weinstein, Assembly Print Number 12 10863A, an act to amend the Civil Practice Law 13 and Rules. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 30th day. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 921, by Senator Nozzolio, Senate Print 4358A, 25 an act to amend the Real Property Tax Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 54. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 955, by Senator Volker, Senate Print 3602, an 12 act to amend the Education Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 54. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 996, by Senator Libous, Senate Print 2497A, an 24 act to amend the Religious Corporation 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, 54. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1008, by Senator Flanagan, Senate Print 7654, 11 an act to amend the Labor Law and the General 12 Municipal Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 11. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 54. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1020, by Senator Larkin, Senate Print 7224A, 24 an act to amend the Agriculture and Markets 25 Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 54. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1068, by Senator DeFrancisco, Senate Print 12 7216, an act to amend the Vehicle and Traffic 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, 53. Nays, 21 1. Senator Duane recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1098, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Gottfried, Assembly Print Number 2 10204, an act to amend Chapter 693 of the Laws 3 of 1996. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 54. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1103, by Senator Larkin -- 15 SENATOR HASSELL-THOMPSON: Lay it 16 aside. 17 THE PRESIDENT: The bill is laid 18 aside. 19 THE SECRETARY: Calendar Number 20 1118, by Senator Morahan, Senate Print 5600, 21 an act to amend the Mental Hygiene Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. 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, 54. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1133, by Senator LaValle, Senate Print 1001, 8 Concurrent Resolution of the Senate and 9 Assembly proposing an amendment to Section 26 10 of Article 6 of the Constitution. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 54. 14 THE PRESIDENT: The resolution is 15 adopted. 16 THE SECRETARY: Calendar Number 17 1214, by Senator Volker, Senate Print 3824B, 18 an act to amend the -- 19 SENATOR FUSCHILLO: Lay it aside 20 for the day. 21 THE PRESIDENT: The bill is laid 22 aside for the day. 23 THE SECRETARY: Calendar Number 24 1216, by Senator LaValle, Senate Print -- 25 SENATOR FUSCHILLO: Lay it aside

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(518) 371-8910 1 for the day. 2 THE PRESIDENT: The bill is laid 3 aside for the day. 4 THE SECRETARY: Calendar Number 5 1231, substituted earlier by Member of the 6 Assembly Cahill, Assembly Print Number 11338, 7 an act to amend the Environmental Conservation 8 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 THE SECRETARY: Calendar Number 19 1269, by Senator Meier, Senate Print 7659A, an 20 act to amend the Social Services Law and the 21 Surrogate's Court Procedure Act. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 6. 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, 54. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1271, by Senator LaValle, Senate Print 7622A, 8 an act to amend the Alcoholic Beverage Control 9 Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 54. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1276, by Senator Johnson, Senate Print 5912A, 21 an act to amend the County Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 7. This 25 act shall take effect on the 30th day.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 54. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1298, by Senator LaValle, Senate Print 6804B, 8 an act to amend the Education 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 THE SECRETARY: Calendar Number 19 1312, substituted earlier today by Member of 20 the Assembly John, Assembly Print Number 21 11326, an act to amend the Labor Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. 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, 54. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1320, by Senator Seward, Senate Print 4417, 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, 54. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1347, substituted earlier today by Member of 20 the Assembly Peoples, Assembly Print Number 21 11236, an act to amend the Public Health Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 90th day.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 54. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1349, substituted earlier today by Member of 8 the Assembly Dinowitz, Assembly Print Number 9 1254, an act to amend the Alcoholic Beverage 10 Control Law and others. 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, 53. Nays, 18 1. Senator Duane recorded in the negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1361, by Senator LaValle, Senate Print 7101B, 23 an act to authorize. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 9. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 54. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1362, by Senator Trunzo, Senate Print 7539B, 10 an act to authorize. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 10. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 54. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1366, substituted earlier today by Member of 22 the Assembly Gunther, Assembly Print Number 23 399, an act to amend the Real Property Tax 24 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, 54. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1381, by Senator Volker, Senate Print 1316, an 11 act to amend the Civil Practice Law and Rules. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Senator 19 DeFrancisco, to explain your vote. 20 SENATOR DeFRANCISCO: Yes, I'm 21 going to vote no on this. 22 And the reason is that it should be 23 up to the trial judge in a civil case to 24 determine whether an admission that was made 25 by an individual should be admissible in that

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(518) 371-8910 1 civil trial. 2 There shouldn't be a blanket, 3 automatic rule of nonadmissibility, and that 4 should be at the discretion of the judge. 5 That's why I'm voting no on this. 6 THE PRESIDENT: You will be so 7 recorded as voting in the negative, Senator 8 DeFrancisco. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: Ayes, 52. Nays, 12 2. Senators DeFrancisco and Winner recorded 13 in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1382, by Senator Meier, Senate Print 1479A, an 18 act to amend the Criminal Procedure Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1390, by Senator Duane, Senate -- 6 SENATOR FUSCHILLO: Lay it aside 7 for the day. 8 THE PRESIDENT: The bill is laid 9 aside for the day. 10 THE SECRETARY: Calendar Number 11 1408, by Senator Wright, Senate Print 6713B, 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 on the 120th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 54. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1411, by Senator Marchi, Senate Print 6967B, 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 on the 180th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1427, by Senator Alesi, Senate Print 5024C, an 11 act to amend the Vehicle and Traffic Law and 12 the State Finance Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 180th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1490, by Senator Saland, Senate Print 7959A, 24 an act to amend the Education Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 4. This 3 act shall take effect July 1, 2006. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1498, by Senator LaValle, Senate Print -- 11 SENATOR FUSCHILLO: Lay it aside 12 for the day. 13 THE PRESIDENT: The bill is laid 14 aside for the day. 15 THE SECRETARY: Calendar Number 16 1509, substituted earlier today by Member of 17 the Assembly Destito, Assembly Print Number 18 3691, an act to amend the Executive Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 6. This 22 act shall take effect on the first of January. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1536, by Senator Young, Senate Print 7565B, an 5 act to amend the Real Property 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, 55. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1541, substituted earlier today by Member of 17 the Assembly Sweeney, Assembly Print Number 18 10485, an act to amend the General Municipal 19 Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect June 1, 2007. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1542, substituted earlier today by Member of 6 the Assembly Sweeney, Assembly Print Number 7 10477, an act to amend the General Municipal 8 Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 90th day. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1546, substituted earlier today by Member of 20 the Assembly Sweeney, Assembly Print Number 21 10649, an act to amend the Volunteer 22 Firefighters Benefit Law. 23 ACTING PRESIDENT BONACIC: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT BONACIC: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT BONACIC: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1575, by Senator LaValle, Senate Print 7614A, 10 an act to amend the Education Law. 11 ACTING PRESIDENT BONACIC: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT BONACIC: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. 19 ACTING PRESIDENT BONACIC: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1609, by Senator Wright, Senate Print 6681, an 23 act to amend the Social Services Law. 24 ACTING PRESIDENT BONACIC: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BONACIC: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: In relation to 7 Calendar Number 1609: Ayes, 55. Nays, 1. 8 Senator Montgomery recorded in the negative. 9 ACTING PRESIDENT BONACIC: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1649, by Member of the Assembly Sweeney, 13 Assembly Print Number 10982, an act to amend 14 the General Municipal Law. 15 ACTING PRESIDENT BONACIC: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 180th day. 19 ACTING PRESIDENT BONACIC: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. 23 ACTING PRESIDENT BONACIC: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1650, by Senator LaValle, Senate Print 7878, 2 an act to amend the General Municipal Law. 3 ACTING PRESIDENT BONACIC: Read 4 the last section. 5 THE SECRETARY: Section 13. This 6 act shall take effect June 1, 2007. 7 ACTING PRESIDENT BONACIC: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 55. Nays, 11 1. Senator Trunzo recorded in the negative. 12 ACTING PRESIDENT BONACIC: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1660, by Senator Skelos, Senate Print 8047A, 16 an act to amend the Correction Law. 17 ACTING PRESIDENT BONACIC: 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 BONACIC: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 56.

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(518) 371-8910 1 ACTING PRESIDENT BONACIC: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1733, substituted earlier today by Member of 5 the Assembly Rivera, Assembly Print Number 6 5385, an act to amend the Mental Hygiene Law. 7 ACTING PRESIDENT BONACIC: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT BONACIC: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 56. 15 ACTING PRESIDENT BONACIC: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1737, by Senator Breslin, Senate Print Number 19 6505A, an act to amend the Tax Law. 20 ACTING PRESIDENT BONACIC: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT BONACIC: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 ACTING PRESIDENT BONACIC: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1738, by Senator Robach, Senate Print 6907, an 7 act to amend the Education Law. 8 ACTING PRESIDENT BONACIC: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT BONACIC: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT BONACIC: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1739, substituted earlier today by Member of 20 the Assembly Latimer, Assembly Print Number 21 10239, an act to authorize. 22 ACTING PRESIDENT BONACIC: There 23 is a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT BONACIC: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT BONACIC: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1740, substituted earlier today -- 10 SENATOR HASSELL-THOMPSON: Lay it 11 aside. 12 ACTING PRESIDENT BONACIC: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 1741, by Senator Marcellino, Senate Print 16 7448, an act to authorize. 17 ACTING PRESIDENT BONACIC: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT BONACIC: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. 25 ACTING PRESIDENT BONACIC: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1742, by Senator Golden, Senate Print 7838, an 4 act to amend the Penal Law. 5 ACTING PRESIDENT BONACIC: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT BONACIC: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. Nays, 13 1. Senator Montgomery recorded in the 14 negative. 15 ACTING PRESIDENT BONACIC: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1743, by Senator Golden, Senate Print 7844B, 19 an act to amend the Administrative Code of the 20 City of New York. 21 ACTING PRESIDENT BONACIC: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT BONACIC: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. Nays, 5 1. Senator Montgomery recorded in the 6 negative. 7 ACTING PRESIDENT BONACIC: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1745, by Senator Larkin, Senate Print 7987, an 11 act to amend the Criminal Procedure Law. 12 ACTING PRESIDENT BONACIC: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT BONACIC: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 56. 20 ACTING PRESIDENT BONACIC: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1746, by Senator Bonacic, Senate Print 7990, 24 an act to amend the Private Housing Finance 25 Law.

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(518) 371-8910 1 ACTING PRESIDENT BONACIC: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect January 1, 2008. 5 ACTING PRESIDENT BONACIC: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. 9 ACTING PRESIDENT BONACIC: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1747, by Senator Marcellino, Senate Print 13 7994, an act to amend the Environmental 14 Conservation Law and others. 15 ACTING PRESIDENT BONACIC: Read 16 the last section. 17 THE SECRETARY: Section 18. This 18 act shall take effect immediately. 19 ACTING PRESIDENT BONACIC: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. 23 ACTING PRESIDENT BONACIC: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1748, by Senator Marcellino, Senate Print 2 8003, an act to amend the Environmental 3 Conservation Law. 4 ACTING PRESIDENT BONACIC: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BONACIC: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. 12 ACTING PRESIDENT BONACIC: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1749, by Senator Libous, Senate Print 8031, an 16 act to amend the Vehicle and Traffic Law and 17 the General Business Law. 18 ACTING PRESIDENT BONACIC: Read 19 the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect immediately. 22 ACTING PRESIDENT BONACIC: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 56.

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(518) 371-8910 1 ACTING PRESIDENT BONACIC: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1751, by Senator Meier, Senate Print 8036, an 5 act to amend the Alcoholic Beverage Control 6 Law. 7 ACTING PRESIDENT BONACIC: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT BONACIC: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 56. 15 ACTING PRESIDENT BONACIC: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1753, by Senator Johnson, Senate Print 8052, 19 an act to establish. 20 ACTING PRESIDENT BONACIC: Read 21 the last section. 22 THE SECRETARY: Section 9. This 23 act shall take effect immediately. 24 ACTING PRESIDENT BONACIC: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 55. Nays, 3 1. Senator Duane recorded in the negative. 4 ACTING PRESIDENT BONACIC: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1754, by Senator Skelos, Senate Print 8063, an 8 act to amend the Public Authorities Law. 9 ACTING PRESIDENT BONACIC: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT BONACIC: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 56. 17 ACTING PRESIDENT BONACIC: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1755, by Senator Leibell, Senate Print 8064, 21 an act to amend the Real Property Tax Law. 22 ACTING PRESIDENT BONACIC: Read 23 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 BONACIC: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 ACTING PRESIDENT BONACIC: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1756, by Senator Balboni, Senate Print 8069, 9 an act to amend the Executive Law. 10 ACTING PRESIDENT BONACIC: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT BONACIC: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT BONACIC: 18 Senator Balboni, to explain your vote. 19 SENATOR BALBONI: Yes, 20 Mr. President. I want to just take an 21 opportunity -- we don't normally get a chance 22 to talk about this little-known agency that 23 the State of New York has formed: the Cyber 24 Security and Critical Infrastructure 25 Coordination, CSCIC.

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(518) 371-8910 1 This is an organization that was 2 created after 9/11. It actually had it has 3 roots before the turn of the century. And it 4 is one of the real gems of New York State. 5 It leads the effort nationally, and 6 its director, Will Pelgrin, has an 7 international reputation as being one of the 8 best when it comes to cyber security and 9 understanding the dangers of the Internet and 10 protection of the cyber infrastructure of the 11 state. 12 This is a very simple bill. It 13 just basically transfers what the Department 14 of Transportation would do in terms of 15 transportation maps, and also talks about 16 metadata, which is a new phenomenon in 17 electronics and in computers. 18 But the point here is that 19 oftentimes we overlook the great work that we 20 have done in this state. And we should all be 21 proud of this type of an agency, particularly 22 its director, Will Pelgrin. 23 So I vote aye, Mr. President. 24 Thank you very much. 25 ACTING PRESIDENT BONACIC: Thank

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(518) 371-8910 1 you, Senator Balboni. 2 Announce the results. 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT BONACIC: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1757, by Senator Libous, Senate Print 8071, an 8 act to amend the State Finance Law and the 9 Vehicle and Traffic Law. 10 ACTING PRESIDENT BONACIC: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT BONACIC: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT BONACIC: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1758, by Senator Spano, Senate Print 8081, an 22 act to amend the Penal Law. 23 ACTING PRESIDENT BONACIC: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 120th day. 2 ACTING PRESIDENT BONACIC: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 55. Nays, 6 2. Senators Hassell-Thompson and L. Krueger 7 recorded in the negative. 8 ACTING PRESIDENT BONACIC: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1759, substituted earlier today by Member of 12 the Assembly Magee, Assembly Print Number 13 11232, an act to amend Chapter 211 of the Laws 14 of 2005. 15 ACTING PRESIDENT BONACIC: Call 16 read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT BONACIC: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT BONACIC: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1760, by Senator Bonacic, Senate Print 8087, 2 an act to establish. 3 ACTING PRESIDENT BONACIC: Read 4 the last section. 5 THE SECRETARY: Section 12. This 6 act shall take effect immediately. 7 ACTING PRESIDENT BONACIC: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT BONACIC: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1761, by Senator Maziarz, Senate Print 8090, 15 an act to amend the Environmental Conservation 16 Law. 17 ACTING PRESIDENT BONACIC: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT BONACIC: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT BONACIC: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1762, by Senator Little, Senate Print 8092, an 4 act to legalize, validate, ratify and confirm. 5 ACTING PRESIDENT BONACIC: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT BONACIC: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT BONACIC: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1763, by Senator Nozzolio, Senate Print 8093, 18 an act to amend the Tax Law. 19 ACTING PRESIDENT BONACIC: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BONACIC: Call 24 the roll call. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 ACTING PRESIDENT BONACIC: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1764, by Senator Skelos, Senate Print 8096, an 6 act to amend the Judiciary Law. 7 ACTING PRESIDENT BONACIC: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT BONACIC: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT BONACIC: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1765, by Senator Little, Senate Print 8097, an 19 act to authorize and direct. 20 ACTING PRESIDENT BONACIC: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT BONACIC: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BONACIC: 3 Senator Sabini, to explain his vote. 4 SENATOR SABINI: Thank you, 5 Mr. President. 6 I want to commend Senator Little on 7 this bill and alert my colleagues that I have 8 a bill that would expand the definition where 9 we would avoid a situation like we had this 10 February. 11 This February, students who were 12 observant Muslims were given the opportunity 13 to either take the test, high-stakes English 14 aptitude test in third to fifth grade on the 15 day it was scheduled, which happened to be 16 Eid, or take it on another day. 17 Now, in the city of New York about 18 10 percent of our school-age populations are 19 various forms of Muslim -- African, South 20 Asian, East Asian. And they already feel 21 isolated as children in our school environment 22 now, and enforcing further isolation I think 23 is wrong. 24 So I hope that we will address this 25 situation before we leave in the coming weeks

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(518) 371-8910 1 and direct the State Education Department not 2 to force kids to take tests on days when they 3 are observing very important religious 4 holidays. 5 I vote aye. 6 ACTING PRESIDENT BONACIC: Thank 7 you, Senator Sabini. 8 Announce the results. 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT BONACIC: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1766, by Senator Meier, Senate Print 8099, an 14 act to amend the Parks, Recreation and 15 Historic Preservation Law and the Vehicle and 16 Traffic Law. 17 ACTING PRESIDENT BONACIC: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT BONACIC: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT BONACIC: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1768, by Senator Wright, Senate Print 8101, an 4 act to amend the Education Law. 5 SENATOR HASSELL-THOMPSON: Lay it 6 aside. 7 ACTING PRESIDENT BONACIC: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 1770, by Senator Little, Senate Print 8112, an 11 act to amend Chapter 540 of the Laws of 1992. 12 ACTING PRESIDENT BONACIC: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT BONACIC: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT BONACIC: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1774, by Senator Padavan, Senate Print 8122, 24 an act to amend the Civil Service Law. 25 ACTING PRESIDENT BONACIC: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT BONACIC: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT BONACIC: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1779, by Senator Little, Senate Print 8146, an 12 act to amend the Criminal Procedure Law. 13 ACTING PRESIDENT BONACIC: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT BONACIC: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 56. Nays, 21 1. Senator Duane recorded in the negative. 22 ACTING PRESIDENT BONACIC: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1781, by Senator Saland, Senate Print 8149, an

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(518) 371-8910 1 act to amend the Education Law. 2 ACTING PRESIDENT BONACIC: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 120th day. 6 ACTING PRESIDENT BONACIC: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT BONACIC: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1782, by Senator Little -- 14 SENATOR FUSCHILLO: Lay it aside 15 for the day. 16 ACTING PRESIDENT BONACIC: The 17 bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 1783, by Senator Golden, Senate Print 8152, an 20 act to amend the Family Court Act. 21 ACTING PRESIDENT BONACIC: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT BONACIC: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT BONACIC: 4 Senator Montgomery. 5 SENATOR MONTGOMERY: Yes, 6 Mr. President. 1781, which we just passed -- 7 ACTING PRESIDENT BONACIC: Yes, 8 Senator? 9 SENATOR MONTGOMERY: I would like 10 to register an opposition to that legislation. 11 ACTING PRESIDENT BONACIC: 12 Senator Montgomery, the rules of the house are 13 that you have to be present and vote when the 14 vote comes up. So -- 15 SENATOR MONTGOMERY: I was 16 present, Mr. President, and I was standing to 17 vote no on that bill, and in fact to speak on 18 it, and it just went without recognizing me. 19 ACTING PRESIDENT BONACIC: 20 Senator Montgomery, unfortunately, you have to 21 be present to be recorded no on that vote. 22 However, for the record, you have 23 expressed an intention to be -- had you been 24 present, you would have voted no on that 25 particular bill. And according to our rules,

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(518) 371-8910 1 that's the best that we can do. 2 SENATOR MONTGOMERY: Mr. 3 President, just as a slight correction, I was 4 present on that vote, but I intended to vote 5 no. And I would like the record to show that 6 I intended to be no on that particular bill. 7 SENATOR FUSCHILLO: Without 8 objection. 9 ACTING PRESIDENT BONACIC: 10 Without objection, Senator Montgomery will be 11 voted no on Bill Number 1781. 12 SENATOR FUSCHILLO: Mr. 13 President. 14 ACTING PRESIDENT BONACIC: Yes, 15 Senator Fuschillo, why do you rise? 16 SENATOR FUSCHILLO: The vote was 17 already taken. My "without objection" was to 18 note for the record that Senator Montgomery 19 would have voted in the negative on the bill. 20 We're not changing the vote, just 21 without objection that she would have voted 22 negative. That's for the record. Thank you. 23 Please continue. 24 ACTING PRESIDENT BONACIC: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1783, by Senator Golden, Senate Print 8152, an 3 act to amend the Family Court Act. 4 ACTING PRESIDENT BONACIC: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BONACIC: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT BONACIC: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1784, by Senator Johnson -- 16 SENATOR HASSELL-THOMPSON: Lay it 17 aside. 18 ACTING PRESIDENT BONACIC: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 1786, by Senator Spano, Senate Print 8159, an 22 act to amend a chapter of the Laws of 2006, 23 amending the Labor Law. 24 ACTING PRESIDENT BONACIC: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BONACIC: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT BONACIC: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1787, by Senator Golden -- 11 SENATOR HASSELL-THOMPSON: Lay it 12 aside. 13 ACTING PRESIDENT BONACIC: The 14 bill is laid aside. 15 The Secretary will read the 16 supplemental calendar. 17 THE SECRETARY: Calendar Number 18 739, by Senator Meier, Senate Print 7045A, an 19 act to amend the Social Services Law. 20 SENATOR HASSELL-THOMPSON: Lay it 21 aside. 22 ACTING PRESIDENT BONACIC: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number 25 1330, by Senator Skelos, Senate Print 7493A,

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(518) 371-8910 1 an act to amend the Eminent Domain Procedure 2 Law. 3 ACTING PRESIDENT BONACIC: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT BONACIC: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT BONACIC: The 12 bill is passed. 13 That completes the noncontroversial 14 reading of the calendar. 15 SENATOR FUSCHILLO: Mr. 16 President. 17 ACTING PRESIDENT BONACIC: 18 Senator Fuschillo. 19 SENATOR FUSCHILLO: Will you 20 please take up Calendar Number 449. That was 21 laid aside temporarily on noncontroversial. 22 ACTING PRESIDENT BONACIC: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 449, by Senator Golden, Senate Print 1197, an

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(518) 371-8910 1 act to amend the Penal Law. 2 ACTING PRESIDENT BONACIC: Read 3 the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT BONACIC: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT BONACIC: The 11 Secretary will announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 449 are 14 Senator Andrews, Duane, Hassell-Thompson, 15 L. Krueger, Montgomery, Parker and A. Smith. 16 Ayes, 50. Nays, 7. 17 ACTING PRESIDENT BONACIC: The 18 bill is passed. 19 Senator Fuschillo. 20 SENATOR FUSCHILLO: Mr. 21 President, will you please return to motions 22 and resolutions and recognize Senator Farley. 23 ACTING PRESIDENT BONACIC: 24 Motions and resolutions. 25 Senator Farley.

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(518) 371-8910 1 SENATOR FARLEY: Thank you, 2 Mr. President. 3 On behalf of Senator Spano, on page 4 40 I offer the following amendments to 5 Calendar Number 1101, Senate Print 7816, and I 6 ask that this bill retain its place on the 7 Third Reading Calendar. 8 ACTING PRESIDENT BONACIC: The 9 amendments are received, and the bill will 10 retain its place on the Third Reading 11 Calendar. 12 SENATOR FARLEY: On behalf of 13 Senator Leibell, Mr. President, on page 70 I 14 offer the following amendments to Calendar 15 Number 1721, Senate Print 7713, and I ask that 16 that bill retain its place on the Third 17 Reading Calendar. 18 ACTING PRESIDENT BONACIC: The 19 amendments are received, and the bill will 20 retain its place on the Third Reading 21 Calendar. 22 SENATOR FARLEY: Mr. President, 23 on behalf of Senator Little, on page 35 I 24 offer the following amendments to Calendar 25 Number 990, Senate Print 7755, and I ask that

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(518) 371-8910 1 that bill retain its place on the Third 2 Reading Calendar. 3 ACTING PRESIDENT BONACIC: The 4 amendments are received, and the bill will 5 retain its place on the Third Reading 6 Calendar. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Mr. 9 President, may we please have the reading of 10 the controversial calendar. 11 ACTING PRESIDENT BONACIC: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 1103, by Senator Larkin, Senate Print 853A, an 15 act to amend the General Municipal Law. 16 SENATOR LIZ KRUEGER: 17 Explanation. 18 ACTING PRESIDENT BONACIC: 19 Senator Larkin, an explanation has been 20 requested. 21 The bill number, by the way, is 22 1103. 23 SENATOR LARKIN: I don't know who 24 asked for the explanation. 25 ACTING PRESIDENT BONACIC:

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(518) 371-8910 1 Senator Krueger. 2 SENATOR LARKIN: This bill amends 3 the General Municipal Law as it pertains to 4 IDAs. 5 What it does here, it provides 6 technical and financial assistance to 7 agriculture producers that grow, harvest, 8 produce or process agricultural products in 9 this state. We believe that such assistance 10 could be strategic and offer other services. 11 We want to be able to help them in developing 12 a financial or a business plan. It can also 13 include low-interest loans. Exactly what 14 we're doing now with IDAs. 15 I don't know what you have in the 16 city of Manhattan, but in the -- 17 SENATOR SCHNEIDERMAN: Borough. 18 Borough. 19 SENATOR LARKIN: Same difference. 20 But in the country, we have a lot 21 of areas that are agriculture, Liz. And right 22 now the competition coming in from all over 23 the world makes it imperative that if we're 24 able to keep some of these farm wineries, we 25 have to do something that will enable them to

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(518) 371-8910 1 be moving forward. 2 What we've also done is we've 3 defined the projects that can be assisted. 4 The definition of agricultural projects that 5 is used in this bill is the same definition 6 that is used in the Ag and Markets Law when it 7 comes to defining ag districts and real 8 property agricultural assessments. 9 This is supported statewide by 10 farms, by fruit farms, by onion growers, by 11 everything else because it's considered a 12 vehicle for them to stay in business and to be 13 able to pay their bills. 14 ACTING PRESIDENT BONACIC: 15 Senator Krueger, why do you rise? 16 SENATOR LIZ KRUEGER: Thank you. 17 I'd like the sponsor to yield, please. 18 ACTING PRESIDENT BONACIC: 19 Senator Larkin, will you yield? 20 SENATOR LARKIN: Yes, 21 Mr. President. 22 ACTING PRESIDENT BONACIC: 23 Senator Krueger. 24 SENATOR LIZ KRUEGER: Thank you. 25 Thank you for the explanation, Senator.

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(518) 371-8910 1 My one question for you is as I 2 read this bill -- and I understand your 3 argument, it's to support local agriculture, 4 and I have no argument there. 5 But as I read the bill, is it 6 possible that someone who was producing 7 agricultural products outside of New York 8 State could then take advantage of this law in 9 manufacturing, processing, or warehousing? Or 10 would this be specific to agricultural 11 products that were New York State-grown? 12 SENATOR LARKIN: I think we can 13 turn that around, Liz. And I appreciate your 14 question about it. 15 But if I owned the land in -- say, 16 in the Hudson Valley -- and I can specifically 17 say someone who has land. I don't know them, 18 I'm just saying this. And some of them have 19 500, 600, 700 acres, and it's a combination of 20 grapes and fruits and whatever else. 21 They own the land. They've been 22 paying taxes on it for 10 or 15 years. But 23 yes, they may live in Pennsylvania or 24 something. But the responsibility for the 25 maintenance, the care, the taxes and

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(518) 371-8910 1 everything else is done in the State of 2 New York on behalf of the State of New York 3 and on behalf of the property that they own. 4 SENATOR LIZ KRUEGER: Thank you. 5 Again, Mr. President, if, through 6 you, the sponsor would yield for an additional 7 question. 8 ACTING PRESIDENT BONACIC: 9 Senator Larkin? 10 SENATOR LARKIN: Yes. 11 ACTING PRESIDENT BONACIC: Yes, 12 Senator Krueger. 13 SENATOR LIZ KRUEGER: Thank you. 14 Again, thank you for your 15 explanation. Perhaps I didn't ask my question 16 correctly, so I'll try to repeat it. 17 My only concern here is a scenario 18 where, under this bill, someone who's growing 19 their products outside of New York -- a 20 company who's manufacturing in New York but 21 might be buying corn from Iowa or grapes from 22 California or some other agricultural 23 product -- would be able to take advantage of 24 this. 25 So just to clarify, this would only

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(518) 371-8910 1 apply to New York State-grown agriculture? 2 SENATOR LARKIN: This bill is 3 very definitive. It must be on land in 4 New York State, and the produce must be 5 developed and come through the ground up to us 6 to get it out and get it to the market. It 7 has to be our land, and the produce here is 8 coming from that land. 9 So you can't ship something in from 10 California or ship something to California and 11 expect to get it. It has to be -- in other 12 words, we have a term upstate that we call 13 home-grown. Breslin knows it; he's been on a 14 farm, I think. 15 SENATOR LIZ KRUEGER: Thank you. 16 Thank you. 17 Just on the bill briefly, 18 Mr. President. 19 ACTING PRESIDENT BONACIC: 20 Senator Krueger, on the bill. 21 SENATOR LIZ KRUEGER: I thank the 22 sponsor for his clarification. 23 Again, the reasoning for my 24 question was I didn't want us to accidentally 25 pass a law that would actually allow some kind

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(518) 371-8910 1 of special tax exemptions or special 2 advantages for companies who might be 3 manufacturing or warehousing here in New York 4 State but weren't, in fact, in the business of 5 supporting New York State agriculture but 6 rather were going to slide in. 7 And I know that now, the sponsor 8 certainly doesn't intend that, and accept his 9 clarification that this would only be for 10 New York State agricultural products and their 11 manufacture and warehousing. 12 So I will support the bill. Thank 13 you, Mr. President. 14 ACTING PRESIDENT BONACIC: Thank 15 you, Senator Krueger. 16 Any other Senator wishing to be 17 heard? 18 The debate is closed. 19 The Secretary will ring the bell. 20 Read the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BONACIC: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 1103, those recorded in the 3 negative: Senator Duane. 4 Absent from voting: Senators 5 Connor and Sampson. 6 Ayes, 57. Nays, 1. 7 ACTING PRESIDENT BONACIC: The 8 bill is passed. 9 I'm going to ask the members could 10 they please stay in their seats as we continue 11 and move along with the controversial 12 calendar. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1740, by Member of the Assembly Pheffer, 16 Assembly Print Number 9595 -- 17 SENATOR SCHNEIDERMAN: 18 Explanation. 19 ACTING PRESIDENT BONACIC: 20 Senator Marcellino, an explanation has been 21 asked for. 22 SENATOR MARCELLINO: Thank you, 23 Mr. President. This bill provides -- 24 ACTING PRESIDENT BONACIC: Out of 25 respect for Senator Marcellino, could we

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(518) 371-8910 1 please have less noise in the chambers. Thank 2 you. 3 Senator Marcellino. 4 SENATOR MARCELLINO: This bill 5 provides that all renewal notices for magazine 6 subscriptions shall include the month and year 7 of the expiration of the subscriber's current 8 subscription, either on the order card, the 9 renewal offer, or the mailing label on the 10 invitation to renew that is packaged with an 11 issue of the magazine. 12 ACTING PRESIDENT BONACIC: 13 Senator Schneiderman, why do you rise? 14 SENATOR SCHNEIDERMAN: Thank you. 15 If the sponsor would yield for a question. 16 ACTING PRESIDENT BONACIC: 17 Senator Marcellino, do you yield? 18 SENATOR MARCELLINO: Yes. 19 ACTING PRESIDENT BONACIC: 20 Senator Schneiderman. 21 SENATOR SCHNEIDERMAN: I notice 22 that this bill applies to publishers of 23 magazines. Is the intention of the sponsor to 24 require that other distributors and 25 independent agencies that sell subscriptions

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(518) 371-8910 1 also be required to disclose the month and 2 year in which the subscription expires? 3 SENATOR MARCELLINO: Senator, I 4 apologize, but I could not hear your question 5 completely. Would you please repeat it? 6 SENATOR SCHNEIDERMAN: The 7 question is this. The bill explicitly relates 8 to publishers of magazines sold by 9 subscription. 10 And my question is, there are now 11 many other intermediaries in subscription 12 services and private businesses that sell 13 subscriptions. Is the sponsor's intent that 14 those parties also be required to disclose the 15 month and year in which a subscription 16 expires, as required of publishers by this 17 bill? 18 SENATOR MARCELLINO: Perhaps you 19 can provide me with an example. 20 SENATOR SCHNEIDERMAN: Through 21 you, Mr. President, there are subscription 22 services that are not publishers of a magazine 23 but still sell subscriptions. They provide -- 24 they buy -- you know, they're intermediates, 25 as it were. They're middlemen who --

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(518) 371-8910 1 SENATOR MARCELLINO: The answer 2 is yes. 3 SENATOR SCHNEIDERMAN: So the 4 intent is to cover everyone who sells 5 subscriptions? 6 SENATOR MARCELLINO: Yes. 7 SENATOR SCHNEIDERMAN: Thank you, 8 Mr. President. Thank the sponsor. 9 ACTING PRESIDENT BONACIC: Any 10 other Senator wishing to be heard? 11 The debate is closed. 12 The Secretary will ring the bell. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 60th day. 16 ACTING PRESIDENT BONACIC: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: In relation to 20 Calendar Number 1740, those Senators absent 21 from voting: Senators Connor, Diaz and 22 Sampson. 23 Ayes, 57. Nays, 0. 24 ACTING PRESIDENT BONACIC: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1768, by Senator Wright, Senate Print 8101, an 3 act to amend the Education Law. 4 SENATOR OPPENHEIMER: 5 Explanation, please. 6 ACTING PRESIDENT BONACIC: 7 Senator Wright, an explanation has been 8 requested. 9 SENATOR WRIGHT: Thank you, 10 Mr. President. 11 The bill before us establishes a 12 uniform standard for transfers by students in 13 grades 9 through 12. Currently, the standards 14 are different across the state in different 15 sections, so this would provide for a uniform 16 standard and would also provide for a uniform 17 appeal process. 18 SENATOR OPPENHEIMER: If the 19 sponsor would yield. 20 ACTING PRESIDENT BONACIC: 21 Senator Oppenheimer, why do you rise? 22 SENATOR OPPENHEIMER: Would the 23 sponsor yield. 24 ACTING PRESIDENT BONACIC: 25 Senator Wright, do you yield to a question?

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(518) 371-8910 1 SENATOR WRIGHT: Certainly, 2 Mr. President. 3 SENATOR OPPENHEIMER: I have a 4 couple of questions. 5 My first question, Senator Wright, 6 is why does the state have an interest in 7 allowing recruiting amongst schools? 8 SENATOR WRIGHT: We are not 9 encouraging or allowing the recruiting among 10 schools. We are simply providing for a 11 uniform standard so that all of the students 12 in this state are treated in a fair and 13 equitable and consistent manner regardless of 14 where you reside in the state. That is our 15 interest. 16 ACTING PRESIDENT BONACIC: 17 Senator Oppenheimer. 18 SENATOR OPPENHEIMER: If the 19 Senator will would yield. 20 ACTING PRESIDENT BONACIC: 21 Senator Wright, will you yield? 22 SENATOR WRIGHT: I will continue 23 to yield. 24 ACTING PRESIDENT BONACIC: 25 Senator Oppenheimer.

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(518) 371-8910 1 SENATOR OPPENHEIMER: Well, you 2 have my curiosity. What is the inequity that 3 you see that requires the standardization? 4 SENATOR WRIGHT: Well, for 5 example, Senator, in Section III I happen to 6 have a constituent who is now being denied 7 eligibility for a one-year period. Were this 8 individual a resident of Section II, the 9 maximum ineligibility would have been 10 20 percent of the schedule. So that's the 11 inequity. 12 SENATOR OPPENHEIMER: All right. 13 We may have a difference in opinion on that. 14 One more question, if the sponsor 15 would yield. 16 ACTING PRESIDENT BONACIC: 17 Senator Wright, will you continue to yield? 18 SENATOR WRIGHT: Certainly, 19 Mr. President. 20 ACTING PRESIDENT BONACIC: 21 Senator Oppenheimer. 22 SENATOR OPPENHEIMER: Well, the 23 question is, why are we getting involved with 24 the rules of an independent, voluntary 25 organization which has always existed?

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(518) 371-8910 1 SENATOR WRIGHT: The reason 2 being, Mr. President, is that we have spent 3 the last eight months trying to work with that 4 independent, voluntary organization, which 5 appears to be accountable to no one, is 6 unresponsive and unwilling to address the 7 issues and concerns presented to them. 8 And therefore, this is the recourse 9 available to us to protect the rights of the 10 students in question. 11 SENATOR OPPENHEIMER: Thank you 12 very much, Senator Wright. 13 If I may, on the bill, please. 14 SENATOR WRIGHT: Thank you, 15 Mr. President. 16 ACTING PRESIDENT BONACIC: 17 Senator Oppenheimer, on the bill. 18 SENATOR OPPENHEIMER: We may have 19 a disagreement. 20 I mean, there are definite rules 21 between the sections that you were referring 22 to. And your bill would override the rules 23 for the transfer of high school student 24 athletes. That these rules were adopted by 25 the New York State High School Athletic

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(518) 371-8910 1 Association, and they have been in place. So 2 you're looking to override the rules that are 3 currently in place. 4 And I think this legislation would 5 open the door wide for recruiting of high 6 school athletes. Students would be encouraged 7 to jump from school to school regardless of 8 where they live in search of the very best 9 athletic program to seek more playing time or 10 to play for a different coach, one that they 11 perceive is a better coach. 12 The primary function of schools in 13 my opinion, humble as it may be, is to educate 14 children, and it is not to play sports. And I 15 think the Senate should allow the current 16 process to work. 17 In August, the New York State High 18 School Athletic Association, which regulates 19 sports, will be reviewing the ideas in this 20 legislation and consider altering their rules 21 to address what the sponsor's concerns are. 22 So I don't think the New York State 23 Senate should be injecting themselves into the 24 workings of an independent institution and the 25 decision of the members of the New York State

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(518) 371-8910 1 High School Athletic Association. 2 I will be voting in the negative. 3 Thank you. 4 ACTING PRESIDENT BONACIC: 5 Senator LaValle, why do you rise? 6 SENATOR LaVALLE: Thank you, 7 Mr. President. On the bill. 8 ACTING PRESIDENT BONACIC: On the 9 bill, Senator LaValle. 10 SENATOR LaVALLE: I rise to 11 support Senator Wright's legislation. 12 Senator Oppenheimer, the sections 13 are independent bodies. Their rules are 14 arbitrary and capricious, with no review. 15 They plant their feet and don't really have 16 processes to evaluate legitimate complaints. 17 Certainly there are a lot of 18 complaints that, you know -- we want to 19 protect the student. That's most important. 20 A lot of parents get involved, and a lot of 21 people get involved, so you do need a body to 22 screen these grievances. 23 Many years ago we had, in our 24 section, Rule 13, that did not allow students 25 to play both scholastic and out-of-high-school

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(518) 371-8910 1 sports. I can remember getting a call from 2 Governor Cuomo, who supported legislation that 3 I had, because the sections fold their arms, 4 say thank you very much, and really take a 5 walk. 6 And so Senator Wright has been, in 7 trying to deal with grievances in his area, 8 has been forced, really -- because of, I'm 9 sure, not an adequate opportunity to discuss 10 it, to have some sort of due process -- has 11 come to the last resort, and that is the 12 Legislature. 13 Now, I agree with you that we can't 14 be every week dealing with different changes. 15 But I'm sure -- Senator Wright is a very 16 reasoned, deliberate individual. And when he 17 comes to this body with a piece of 18 legislation, I am sure that his constituents 19 and his office have been pushed to absolute 20 frustration to come here. 21 So I have had more than one 22 situation with the individual body, and I tell 23 you, Senator, there is no room for due 24 process. It's their way or the highway. 25 I am going to support and vote in

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(518) 371-8910 1 the affirmative on Senator Wright's 2 legislation. 3 ACTING PRESIDENT BONACIC: Thank 4 you, Senator LaValle. 5 Does any other member wish to be 6 heard? 7 Senator Stachowski. 8 SENATOR STACHOWSKI: Yes, I also 9 rise to support Senator Wright's legislation. 10 Being very familiar with some of 11 the sections, and having it pointed out that 12 some sections have different rules on 13 transfers, how long you have to sit out, and 14 the fact that most sections participate in the 15 state championships -- where our section, if 16 you're not a public school, you're a Catholic 17 school, you're not allowed to participate. So 18 that's different than everybody else's. 19 And Senator Wright just pointed out 20 Section II is a 20 percent of the season 21 maximum of sitting out if you transfer, where 22 a lot of other places, it's a full year. It 23 is in our area. 24 The fact is that the public schools 25 that talk about and hammer away at recruiting

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(518) 371-8910 1 often are the people that do some of the best 2 recruiting themselves, moving students in and 3 out of their district. 4 We had the benefit of having a 5 school, because of a school closing -- and I 6 coach at a Catholic school, by the way. And 7 that's the highest target, usually, is the 8 Catholic school's recruit. 9 Which was kind of humorous to us, 10 because we had a young man transfer -- after 11 the inner-city Catholic school closed down, he 12 came out to the school that I coach at. And 13 interestingly enough, his father, when sitting 14 down with us, was sharing stories of the 15 various public schools that had called his 16 house and said, We will provide you with a 17 house that you will live in, and et cetera, as 18 long as you come to our school. But none of 19 those schools recruit, so . . . 20 The interesting fact is you can 21 transfer -- and even out here, there's stories 22 about students whose families have moved to 23 another district so they could play. Say if 24 they had a daughter, she would play for a 25 better women's basketball program and end up

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(518) 371-8910 1 going to, say, Boston College. Just picking a 2 school. And maybe she went to Shenendehowa, 3 because it's got a great women's basketball 4 program. I'm not saying that that actually 5 happened, but I could probably produce the 6 last name with that story. 7 So for those reasons and the fact 8 that the public schools do dig in that way -- 9 as Senator LaValle so perfectly illustrated, 10 that it's always their way or the highway, 11 there's no room for discussion, there's no 12 room for compromise. And so I believe that if 13 Senator Wright could have gotten some kind of 14 compromise or action, this bill wouldn't be in 15 front of us. 16 If they would take a unified action 17 statewide, which they claim to take in their 18 memo that they immediately sent out to 19 everybody upon the arrival of this bill coming 20 out of Rules, well, then, we wouldn't be 21 standing here debating this bill and we would 22 have a reasonable solution, hopefully. 23 And because he seems to have gotten 24 their attention, I think it's a good thing to 25 vote for Senator Wright's bill.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT BONACIC: Thank 3 you, Senator Stachowski. 4 Senator Hannon, why do you rise? 5 SENATOR HANNON: I support the 6 bill. But to kind of put a word of caution in 7 everybody's mind. 8 Both through some proposed 9 legislation in regard to having schools 10 establish a uniform policy on concussions, and 11 working with the state school boards and the 12 State Athletic Association, and through the 13 involvement of my daughters, each in three 14 varsity sports that have done things 15 statewide, I found out that our 700 high 16 schools have numerous athletic teams in each 17 high school -- some say over a hundred teams 18 per high school -- and that there are numerous 19 coaches of fairly decent influence in many of 20 the communities throughout the state. 21 They, on a volunteer basis, will 22 work on the sections, they arrive at policy, 23 they will do all of this. 24 If we start overriding this without 25 careful consideration, and I'm not saying --

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(518) 371-8910 1 and I'm supporting this bill, so this is 2 appropriate. If we start overriding this, 3 we're going to be embroiled in difficulties 4 far beyond what we had imagined. 5 So what Senator Wright has 6 addressed is a stalemate of this policymaking, 7 but there are numerous others that are out 8 there -- the number of tournaments, the way 9 the participate, how they're selected, when 10 they take place, who is eligible, whether they 11 go beyond certain sections. It goes on and 12 on. 13 I actually think that we're lucky 14 because most of these people are doing it on a 15 volunteer basis. They don't get paid very 16 much to begin with, a few thousand dollars a 17 year, even people with great reputations at 18 being at their high schools year after year. 19 But what we have to do is be 20 cautious. And you may hear about this down 21 the road, this vote, because people are 22 prominent in their community and actually 23 looking to Senators to address it. And just 24 tell them it was a gridlock that had to be 25 resolved.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT BONACIC: Thank 3 you, Senator Hannon. 4 Any other member wish to be heard? 5 Senator Wright, to close. 6 SENATOR WRIGHT: Thank you, 7 Mr. President. 8 I appreciate the comments of my 9 colleagues, particularly Senators LaValle and 10 Stachowski, because they have both accurately 11 reflected the stonewalling that has occurred 12 for some eight months now. 13 I too am not one who introduces 14 legislation solely for the sake of passing 15 bills. I think if you look at my history, 16 you'll see that that's the case. This is the 17 last choice to try to achieve some degree of 18 equity. 19 Equally important is the fact we 20 were not arbitrary in how we decided this. We 21 have modeled it after the rules and 22 regulations that are currently in place and 23 being utilized by Section II. So it's not 24 some random thing we've selected, but in 25 looking at the various policies across the

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(518) 371-8910 1 state we chose the one that is most fair and 2 equitable and currently does work in 3 Section II. 4 So that is the intent. I 5 appreciate the support of my colleagues and 6 look forward to the vote. 7 Thank you, Mr. President. 8 ACTING PRESIDENT BONACIC: Thank 9 you, Senator Wright. 10 The debate is closed. 11 The Secretary will ring the bell. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of July. 15 ACTING PRESIDENT BONACIC: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT BONACIC: 19 Senator Oppenheimer, to explain her vote. 20 SENATOR OPPENHEIMER: I can 21 sympathize with what the Senator is saying. 22 And I think the best opportunity 23 for changing the way the High School Athletic 24 Association operates is to make your voice 25 heard in August when they are going to convene

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(518) 371-8910 1 and hopefully develop a procedure where 2 disagreements can be heard and hopefully 3 resolved. 4 So I'm going to vote no now. I 5 hope that they will see a change in the rules 6 in August, permit people to come before them, 7 be heard, and get a fair resolution to the 8 dispute. 9 ACTING PRESIDENT BONACIC: Thank 10 you, Senator Oppenheimer. You will be 11 recorded in the negative. 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1768 are 15 Senators Hassell-Thompson, Oppenheimer, 16 Schneiderman and A. Smith. 17 Absent from voting: Senators Diaz 18 and Sampson. 19 Ayes, 54. Nays, 4. 20 ACTING PRESIDENT BONACIC: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1784, by Senator Johnson, Senate Print 8153, 24 an act to amend the State Law. 25 SENATOR HASSELL-THOMPSON:

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(518) 371-8910 1 Explanation. 2 ACTING PRESIDENT WINNER: Senator 3 Johnson, an explanation is asked for. 4 SENATOR JOHNSON: The State of 5 New York has had a state fish for years. It's 6 the brook trout. 7 Now, the greatest amount of fishing 8 in New York State is done in saltwater. I 9 felt it was appropriate to have a saltwater 10 state fish in addition to the freshwater state 11 fish. So that's why I introduced the striped 12 bass, which is the favorite sport fish of 13 fishermen in this state. 14 Thank you. 15 ACTING PRESIDENT WINNER: 16 Senator LaValle. 17 SENATOR LaVALLE: Thank you, 18 Mr. President. 19 This chamber has not heard a debate 20 between Senator Johnson and I in many years on 21 fishing bills. I am not going to debate him; 22 I'm going to speak on the bill. 23 This chamber has heard many debates 24 on the issue of striped bass. I, representing 25 the east end of Long Island -- of course, in

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(518) 371-8910 1 all of Long Island, we have sports fishermen. 2 But the east end has the real commercial 3 fishing fleets, or what is left of the once 4 proud fishing fleets that dotted many areas in 5 the east end, from Brookhaven all the way out 6 to Montauk. 7 The issue of the striped bass and 8 the reason why I'm not going to support this 9 bill has led to the demise of a good part of 10 the commercial fishing fleet on eastern Long 11 Island. Many of the commercial fishermen, and 12 I've talked about this, have had a rich 13 history of generation upon generation upon 14 generation to have fished commercially in the 15 waters or on the waters of Long Island. 16 Many of those people have had to 17 just quit fishing. Commercial fishing is not 18 an easy business. And that business has been 19 made more difficult each and every year by 20 more regulation by the DEC and legislation 21 that has passed this house giving them the 22 authority to regulate size of the fish, the 23 gear used, and it could go on and on and on. 24 They bear -- they pay taxes, they 25 have to deal with the regulation. And I can

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(518) 371-8910 1 tell you, the fleet in Montauk has been 2 reduced greatly. The fleet -- the Shinnecock 3 Canal is reduced, the Shinnecock Inlet is 4 reduced greatly, and so we have a mere vestige 5 of a commercial fishing fleet that 6 historically provided for the consumer over 7 many, many decades. 8 To name the striped bass as the 9 state fish I think is inappropriate when it 10 played a role in destroying the commercial 11 fishing industry on Long Island and maybe in 12 other parts of the state. And so I'm going to 13 cast, at that appropriate time, a negative 14 vote on this bill representing the commercial 15 fishing industry. 16 ACTING PRESIDENT WINNER: Senator 17 Johnson. 18 SENATOR JOHNSON: I'd like to 19 explain my vote. 20 ACTING PRESIDENT WINNER: Senator 21 Johnson, we're not on a roll call yet. If 22 you'd like to be on the bill. 23 SENATOR JOHNSON: On the bill. 24 It all goes together. 25 ACTING PRESIDENT WINNER: Thank

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(518) 371-8910 1 you, Senator Johnson. 2 SENATOR JOHNSON: Now, in the 3 early '70s when I was elected, the big tragedy 4 in the fishery around Long Island was the 5 diminishing of striped bass. Their level was 6 so low, almost historically low. 7 And the reason was that the 8 commercial fishermen were taking fish too 9 small. They found at that time they couldn't 10 reproduce until they were 24 inches long, and 11 they were taking up to -- 16 inches was the 12 minimum, and they were taking every fish they 13 could get. 14 The Hudson River historically was a 15 nursery for striped bass, but because we kept 16 taking them too small, after a while -- and 17 the fishermen said to us: You shouldn't 18 interfere, because God sends them, and they go 19 away and God will send more back. And I said, 20 God can't send them back if you take away the 21 reproducing fish. So there was quite a battle 22 about that. 23 But at that time a bill that I put 24 in place, a 24-inch limit at that time, helped 25 to bring back the fishery. And this is one of

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(518) 371-8910 1 the great success stories of fishery 2 management by the DEC and maybe by other 3 people than commercial fishermen having an 4 interest in these fish. 5 I think it's very appropriate that 6 we recognize the wonderful results that have 7 come out of our regulation of these fish, 8 because now you can catch a fish when you want 9 to. You can catch legal-size fish. You go 10 out surf-casting and catch these fish in the 11 water. You can catch them in the Hudson River 12 now. 13 But at that time the fish were so 14 low here, there was hardly any reproduction. 15 We had to depend on fish swimming up from the 16 Chesapeake Bay there, which was a good 17 hatchery at that time, and catching them 18 around the Island when they came up. 19 So I think we have to recognize the 20 great success and celebrate the fact that 21 these fish are here for us to catch. As well 22 as other fish, which are now regulated -- 23 which some people don't like, but it's the 24 same story. If they don't reproduce, they're 25 not going to be back.

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(518) 371-8910 1 So we did a weakfish bill. And 2 they said why did we do a weakfish bill, 3 there's no weakfish. Well, if I pass a bill 4 regulating weakfish and there's no weakfish, 5 why do you say don't do it? If there are no 6 weakfish, as you say, then don't do it. 7 So we put in regulation about 8 weakfish -- size limits, catch limits, season 9 limits -- and the weakfish came back. 10 And we're doing that now with 11 winter flounder, summer flounder. All the 12 fish around the Island are regulated one way 13 or another, to keep a continuous supply of 14 fish for recreational purposes and for 15 consumption. 16 So we're just celebrating now the 17 great success. And everyone who fishes around 18 the Island just loves the fact that those fish 19 are there and they can enjoy the recreation 20 and eat those fish. 21 So we're celebrating that success, 22 and I hope you'll all join us in celebrating 23 it by passing this bill. Thank you. 24 ACTING PRESIDENT WINNER: Any 25 other Senator wish to be heard?

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(518) 371-8910 1 The debate is closed. 2 The Secretary will ring the bell. 3 Read the last section. 4 Senator Alesi, to explain his vote. 5 SENATOR ALESI: Thank you, 6 Mr. President. 7 I don't mean any disrespect. I'm 8 just sitting here thinking about all the bills 9 I have in the Rules Committee that I'd like to 10 debate. But that's beside the point. 11 The fact of the matter is there 12 aren't any striped bass where I live. If I 13 were going to have a state fish, I think it 14 should be the black bass or the small-mouth 15 bass. 16 But in view of the fact that we 17 have other things to do, I'll just vote no. 18 ACTING PRESIDENT WINNER: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT WINNER: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 LaValle. 2 SENATOR LaVALLE: Mr. President, 3 I rise to explain my vote. 4 I hate to be the skunk at Senator 5 Johnson's celebration, but I vote no on behalf 6 of a proud industry on the east end of Long 7 Island. And I vote no. 8 ACTING PRESIDENT WINNER: Senator 9 LaValle will be recorded in the negative. 10 Results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1784: 13 Senators Alesi, Andrews, Coppola, Dilan, 14 Duane, Gonzalez, Hassell-Thompson, Klein, 15 LaValle, Montgomery, Parker, Robach, Sabini, 16 Schneiderman, A. Smith, M. Smith, Stavisky and 17 Volker. 18 Those Senators absent from voting: 19 Senators Diaz and Sampson. 20 Ayes, 40. Nays, 18. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1787, by Senator Golden, Senate Print 8160, an 25 act to amend the Transportation Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Can we 2 have some order, please. 3 SENATOR HASSELL-THOMPSON: 4 Explanation. 5 ACTING PRESIDENT WINNER: Senator 6 Golden, an explanation has been asked for. 7 SENATOR GOLDEN: This bill is a 8 city bill and a state bill, statewide bill, 9 that would allow for intermodal dollars to be 10 used in the trimming of trees. 11 And the reason we're looking at the 12 pruning and trimming of trees in the city and 13 state of New York is because of what they 14 block and the accidents that we have because 15 of stop signs and lights across the city and 16 state of New York that are blocked by these 17 trees. And this would allow for those that 18 could allot some of their intermodal money 19 towards that could have the option of doing 20 so. 21 ACTING PRESIDENT WINNER: Senator 22 Sabini. 23 SENATOR SABINI: Mr. President, 24 if the sponsor would yield for a question. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Golden, do you yield? 2 SENATOR GOLDEN: I do. 3 ACTING PRESIDENT WINNER: The 4 Senator yields. 5 SENATOR SABINI: Multimodal money 6 is considered part of a capital plan, is it 7 not? 8 SENATOR GOLDEN: Yes, it is, 9 Mr. President. 10 SENATOR SABINI: Mr. President, 11 on the bill. 12 ACTING PRESIDENT WINNER: Senator 13 Sabini, on the bill. 14 SENATOR SABINI: I have a couple 15 of problems with this bill. Senator Golden, 16 the sponsor, served on the city council with 17 me, and we always had a problem with tree 18 pruning. And certainly as an issue of safety, 19 which this bill addresses, is an important 20 one. We want to make sure that those traffic 21 signals aren't obstructed by trees and that 22 people aren't hurt. 23 But I don't know if this is the way 24 to do it. Taking capital money for expense is 25 not the way to go. I think we all know that.

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(518) 371-8910 1 We've all heard examples of that being a 2 catastrophe for governmental entities, the 3 City of New York in the '70s and other places. 4 And while I appreciate the fact 5 that it's necessary, I see a slippery slope 6 here. And I think if we're fiscally 7 responsible, we would say this is not a good 8 thing to do with capital money, it's not why 9 we passed the five-year capital plan for 10 transportation. That was for our 11 infrastructure, for our roads and bridges. 12 For our railroads, for bus lines, things that 13 have a long-term capital cost. 14 In fact, if it was for tree 15 planting I'd be for it, because a tree has a 16 life span of some time. But tree pruning is 17 essentially an expense item. 18 Now, you know, you can say, Well, 19 this is just a small item. But that's how you 20 get in trouble. Today, trees; tomorrow, 21 Medicaid. It's not, to me, the way to go. 22 I'll also cite the sponsor's memo. 23 Now, it says currently -- in the 24 justifications, Currently legislators are 25 allocated multimodal funds to use for capital

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(518) 371-8910 1 projects located within his or her district. 2 Now, I read in the newspaper that 3 we were supposed to see lists of these 4 legislative funds on May 15th. Now, I may 5 have missed the story, but I haven't seen 6 anyone's list but members of the minority. 7 I don't get any multimodal funds in 8 my discretionary budget, and I don't know of 9 anybody in my conference that's gotten lots of 10 them either recently. 11 So if these monies are being 12 allocated, I would hope that in the interest 13 of good budgeting, if there are such monies 14 being allocated to legislators, as the 15 sponsor's memo says, that they're done for 16 capital items that are true capital items. 17 I sympathize with the Parks 18 Department of the City of New York needing 19 money to prune trees. This was a constant 20 battle. The sponsor -- and I acknowledge, the 21 sponsor and I know that it was always a big 22 battle to get the mayor to allocate money for 23 tree pruning. 24 But to come and take it out of 25 state capital money is really ridiculous.

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(518) 371-8910 1 It's like wanting to take it out of city 2 capital money. They won't do it. You don't 3 take it out of city expense money; they won't 4 do it. 5 So instead, let's go where it's 6 easy, where there's a big chunk of money, in 7 the five-year plan that we worked so hard on 8 as a Legislature, with both houses involved, 9 and take it out of there. 10 I just think that that's wrong. I 11 am not against tree pruning. I am not against 12 safety on the highways. But I am against 13 taking capital money for an expense item like 14 this. 15 I'll be voting no, Mr. President. 16 ACTING PRESIDENT WINNER: Senator 17 Oppenheimer. 18 SENATOR OPPENHEIMER: Thank you, 19 Mr. President. 20 I was going to talk on the bill. I 21 was going to talk earlier on two bills that 22 had a similar situation in it, where monies 23 for school districts were coming from bonding, 24 capital program for annual expense items. 25 And while I will support -- did

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(518) 371-8910 1 support those bills and will support this, 2 because I understand that our colleagues, you 3 know, have problems in their individual 4 districts. And this seems to be the only way 5 that they can find the necessary funding. 6 But I have said this on the floor 7 before, and I hope I don't have to say it too 8 much more often, but when I was getting my 9 M.B.A. at Columbia I had a professor who was 10 clever, and he said there really are 11 11 Commandments. And the 11th Commandment is 12 "Thou shalt not capital expense items." And I 13 believe that. 14 And I will be supporting this, but 15 I just hope that we can get our act together 16 so that we don't have to keep doing this, 17 because it is a slippery slope. And it's 18 gotten a lot of our communities and school 19 districts in trouble, and it just really has 20 to stop. 21 Thank you. 22 ACTING PRESIDENT WINNER: Senator 23 Morahan. 24 SENATOR MORAHAN: Mr. President, 25 would the sponsor yield?

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(518) 371-8910 1 SENATOR GOLDEN: Yes, 2 Mr. President. 3 ACTING PRESIDENT WINNER: The 4 Senator yields. 5 SENATOR MORAHAN: Senator Golden, 6 in suburbia and rural parts of the state, the 7 tree trimming is normally done by a power and 8 light company or a utility company, to protect 9 their lines and to make sure that the branches 10 are clear so that there's no outages in 11 storms, or they minimize the outages. 12 Would utilities be able to apply 13 for multimodal money? 14 SENATOR GOLDEN: No, they would 15 not. 16 This money would be used for the 17 maintenance and preservation of trees. I know 18 that one of my colleagues stated he'd be for 19 tree planting but not for tree pruning. Well, 20 tree pruning keeps the tree alive. But I'm 21 not going to go into that area. 22 What I wanted to say is that these 23 are used to maintain or move trees that are 24 blocking highways and construction jobs, and 25 these trees are removed and can be used by

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(518) 371-8910 1 that municipality for the use of that purpose. 2 SENATOR MORAHAN: But it would be 3 restricted to -- 4 ACTING PRESIDENT WINNER: Senator 5 Morahan, are you asking him to yield? 6 SENATOR MORAHAN: Yes, 7 Mr. President, if he would continue to yield. 8 ACTING PRESIDENT WINNER: Senator 9 Golden, do you yield? 10 SENATOR GOLDEN: Yes, 11 Mr. President. 12 ACTING PRESIDENT WINNER: The 13 Senator yields. 14 SENATOR MORAHAN: I want a clear 15 understanding. This multimodal money would 16 not be available to anyone other than 17 municipalities? 18 SENATOR GOLDEN: That is correct, 19 Mr. President. 20 SENATOR MORAHAN: Thank you. 21 ACTING PRESIDENT WINNER: Thank 22 you, Senator Morahan. 23 Senator Montgomery. 24 SENATOR MONTGOMERY: Yes, 25 Mr. President. Would the sponsor yield for

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(518) 371-8910 1 just one question or clarification? 2 ACTING PRESIDENT WINNER: Senator 3 Golden, do you yield? 4 SENATOR GOLDEN: Yes, I do, 5 Mr. President. 6 ACTING PRESIDENT WINNER: The 7 Senator yields. 8 SENATOR MONTGOMERY: Through you, 9 Mr. President, Senator, the Thruway Authority 10 just did a substantial increase in the fares 11 on the Thruway, the tolls and other charges. 12 It was my understanding that the Thruway 13 Authority is responsible for the maintenance 14 of the Thruway. Does that not include making 15 sure that the signs are visible at least on 16 that highway? 17 SENATOR GOLDEN: Yes, that is 18 true, Mr. President. 19 But this is -- this is maintained 20 by the municipalities for the Parks to be able 21 to go out and to remove trees, trim trees for 22 getting to highways or blocking stop signs or 23 blocking lights. 24 Anybody that represents a city or 25 town understands the concern here that you can

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(518) 371-8910 1 run up a street and not see a stop sign. We 2 need to be able to get them trimmed so that we 3 can save life and limb. And if you're from 4 the city of New York, you would especially 5 know that. 6 SENATOR MONTGOMERY: Thank you. 7 Mr. President, just briefly on the 8 bill. 9 ACTING PRESIDENT WINNER: Senator 10 Montgomery, on the bill. 11 SENATOR MONTGOMERY: I have great 12 concerns. Certainly in my district we have 13 tried to use the funds that are available to 14 us under this particular intermodal program to 15 upgrade some of the streets. We have a major 16 thruway that we're trying to replace. That's 17 the Gowanus Thruway. We're hoping to be able 18 to replace that. We have major capital 19 expenditures that we need in upgrading streets 20 and otherwise. 21 So I would hate to see us begin to 22 take away those funds for the purpose of 23 trimming the trees. I just think that the 24 city should be able to find alternative ways 25 of making sure that that part of the

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(518) 371-8910 1 maintenance process is taken care of without 2 using the capital funds. 3 So I'm going to vote no on this 4 bill. 5 ACTING PRESIDENT WINNER: Senator 6 Krueger. 7 SENATOR LIZ KRUEGER: Thank you, 8 Mr. President. If the sponsor would yield. 9 ACTING PRESIDENT WINNER: Senator 10 Golden, do you yield? 11 SENATOR GOLDEN: Yes, I do, 12 Mr. President. 13 ACTING PRESIDENT WINNER: The 14 Senator yields. 15 SENATOR LIZ KRUEGER: Thank you. 16 So part of the discussion so far 17 has been appropriate uses of multimodal funds, 18 whether it's operating or capital. 19 How much multimodal funds are there 20 in the budget, and where would we find that? 21 SENATOR GOLDEN: I believe you'd 22 probably have to look that up. I'm not sure, 23 Mr. President. 24 SENATOR LIZ KRUEGER: Mr. 25 President, through you, if the sponsor would

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(518) 371-8910 1 continue to yield. 2 ACTING PRESIDENT WINNER: Senator 3 Golden, do you yield? 4 SENATOR GOLDEN: I do, 5 Mr. President. 6 ACTING PRESIDENT WINNER: The 7 Senator yields. 8 SENATOR LIZ KRUEGER: Thank you. 9 In the memo it discusses an 10 individual legislator being able to allocate 11 multimodal funds for capital projects in his 12 or her district. How much are your multimodal 13 funds for your district? 14 SENATOR GOLDEN: I have no idea, 15 Mr. President. I'm sure when it comes to the 16 time for my multimodal money that's being 17 distributed to the City of New York, I will 18 discuss that with the City of New York. 19 SENATOR LIZ KRUEGER: Mr. 20 President, if the sponsor would continue to 21 yield. 22 ACTING PRESIDENT WINNER: Senator 23 Golden, do you continue to yield? 24 SENATOR GOLDEN: I do indeed, 25 Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 Senator yields. 3 SENATOR LIZ KRUEGER: Thank you. 4 I believe by your last answer you 5 believe that the money is distributed to the 6 City of New York, not to individual 7 legislators. Is that your understanding, or 8 did I hear you correctly? 9 SENATOR GOLDEN: I believe, 10 Mr. President, that multimodal money is 11 distributed in the Assembly to the members and 12 in the Senate to the members. 13 And where there is intermodal money 14 needed, we give that to the districts that 15 need them, and we talk -- and I talk to the 16 City of New York, who is my municipality. And 17 I'm sure my colleagues do that as well. 18 SENATOR LIZ KRUEGER: Thank you, 19 Mr. President. If the sponsor would continue 20 to yield. 21 ACTING PRESIDENT WINNER: 22 Senator, do you yield? 23 SENATOR GOLDEN: I do, 24 Mr. President. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 Senator yields. 2 SENATOR LIZ KRUEGER: Thank you. 3 I believe I just received a memo 4 that clarified, just for the record, that in 5 the state fiscal year 2006-2007 Executive 6 Budget there was $50 million appropriated for 7 multimodal, representing the second year of a 8 five-year, $350 million multimodal program 9 established in the 2005-2006 budget. 10 So my question to the Senator, now 11 that I've gotten my numbers correct, don't you 12 think we should have a further discussion of 13 what's happening with over $50 million a year 14 in multimodal money, and should it not concern 15 you as well as me that you don't know how much 16 there is, how it's being spent, or even what 17 allocation you have, before we move down the 18 road of changing the rules for the use of 19 multimodal money? 20 SENATOR GOLDEN: Mr. President, I 21 would love to discuss that with her upon that 22 time. 23 But right now I'm discussing a bill 24 that allows me and others here in the Senate 25 and the Assembly to move intermodal money into

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(518) 371-8910 1 trimming and pruning of trees. And if we can 2 stay on that discussion, I'd be glad to do 3 that. 4 ACTING PRESIDENT WINNER: Point 5 well-taken, Senator. 6 SENATOR LIZ KRUEGER: Oh. Thank 7 you for your editorial, Mr. President. 8 ACTING PRESIDENT WINNER: You're 9 welcome, Senator. 10 SENATOR LIZ KRUEGER: On the 11 bill, Mr. President. 12 ACTING PRESIDENT WINNER: Senator 13 Krueger, on the bill. 14 SENATOR LIZ KRUEGER: Thank you. 15 One debate within this bill is 16 whether or not multimodal monies should be 17 allowed to be moved from a capital use to an 18 operating use. According to the state 19 comptroller's office, all multimodal projects 20 must meet the following general requirements: 21 A 10-year bondable service life, and must meet 22 program's legislative intent relating to the 23 specific mode as indicated and outlined, and 24 must be for public transportation or freight 25 transportation purposes.

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(518) 371-8910 1 Unfortunately, even if I think that 2 tree pruning is a valuable service for 3 communities -- and certainly the City of 4 New York desperately always needs more funds 5 for our parks and our trees -- it seems clear 6 to me that the legislative intent and language 7 that was used to apply to the approval of 8 multimodal funds makes it clear that this 9 isn't the right funding stream for this 10 specific purpose. 11 But I also think that there's a 12 serious argument to be made that this is 13 another pot of money that has been moved 14 through the budget without any serious 15 discussion or information provided to the 16 public. 17 The sponsor himself admits he has 18 no idea how much money is there, what it's 19 more, or even what he might be being allocated 20 for his district, even though this is money 21 that technically has been available now since 22 the 2005-2006 year. 23 This is another slush fund of money 24 that we in this Legislature choose to never 25 actually explain to our constituents or to the

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(518) 371-8910 1 public. Why are we allocating funds without 2 ever line-iteming-out what these monies will 3 be used for, who is getting them, and in fact 4 who is not getting them? Not unlike the 5 debate we are having here and in the press -- 6 and, for myself, in the courts -- about 7 member-item money. 8 So I will vote no on this bill for 9 several reasons. It is not an appropriate use 10 of multimodal funds under the definitions that 11 have been applied to the use of them. But it 12 is also inappropriate for this house to 13 continue to move forward pretending there's no 14 problem with not being able to answer the 15 questions of the public, what is the money, 16 what is it being used for, who, where, what, 17 when, and why. It doesn't meet any of the 18 tests. 19 So I'll be voting no. 20 Thank you, Mr. President. 21 ACTING PRESIDENT WINNER: Any 22 other Senator wish to be heard? 23 The debate is closed. 24 The Secretary will ring the bell. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT WINNER: Senator 7 Coppola, to explain his vote. 8 SENATOR COPPOLA: Thank you, 9 Mr. President, to explain my vote. 10 While I've always been a strong 11 advocate for pruning trees and proper 12 maintenance of trees in the city that I 13 represented for over six years, I will not be 14 able to support this legislation for a couple 15 of reasons. 16 One of them being that for well 17 over five years, I sponsored legislation to 18 add additional funds to our capital budget for 19 the pruning and proper maintenance of trees, 20 which were neglected for well over 25 years by 21 previous administrations. In each and every 22 year we were told two things: that providing 23 capital funding for the pruning and 24 operational expenses, the needs for those 25 trees, may be counter to New York State law,

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(518) 371-8910 1 number one; and, number two, the Buffalo 2 Fiscal Stability Authority, which was enacted 3 and approved and put onto the City of Buffalo 4 by this Legislature, each and every year said 5 it was fiscally irresponsible to bond funds 6 for the operational needs to prune trees in 7 the city of Buffalo or anywhere else. 8 And each and every year that I 9 engaged in debate with the control board over 10 our needs, for the same reasons that the 11 sponsor cites, they would say that they 12 understood that our highways and byways were 13 somewhat unsafe because the trees weren't 14 being pruned and the lighting was poor. They 15 would say that they knew that the trees needed 16 to be pruned, because there were multiple 17 liabilities that were costing the city 18 thousands, to the tune of $10,000 per month 19 for tree limbs that were falling. They 20 consistently denied that expense, saying that 21 it was fiscally imprudent to bond funds for 22 tree pruning or even, in some cases, tree 23 removal. 24 So I cannot not support this 25 legislation because I actually believed them,

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(518) 371-8910 1 at a certain point, that it was fiscally 2 imprudent. So we did put aside monies through 3 our operational budget, and we did it the best 4 and most equitable way. 5 And furthermore, I would not be 6 able to support this legislation that I've 7 been so ardently supporting the proper pruning 8 and maintenance of trees in my city -- which 9 in fact, through this legislation, the 10 district that I represent will not see one 11 dime of that money. So I could not be 12 supporting this. 13 I vote no, Mr. President. 14 ACTING PRESIDENT WINNER: The 15 Senator will be recorded in the negative. 16 Senator Oppenheimer, to explain her 17 vote. 18 SENATOR OPPENHEIMER: Yes, I just 19 decided I'm going to vote no. 20 It's a different situation from the 21 one that was earlier today with the two school 22 districts, because they really had nowhere to 23 turn. 24 But in this case the sponsor 25 himself has called this work that is done,

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(518) 371-8910 1 he's called it maintenance. And we all are 2 saying the same thing, that maintenance should 3 not go into capital funding. 4 And I believe that also -- I 5 certainly as a mayor made sure that my trees 6 were trimmed and the signs could be read and 7 there were no tree limbs hanging over our 8 necessary wiring. So there's no reason that 9 New York City shouldn't be under the same 10 observance that all of us are. 11 So I'm going to be voting no. 12 ACTING PRESIDENT WINNER: Senator 13 Oppenheimer will be recorded in the negative. 14 Senator Golden. 15 SENATOR GOLDEN: Thank you, 16 Mr. President. 17 I just want to correct, for the 18 record, the money does -- I heard a comment 19 made before, and I just want to correct the 20 comment. The money does go to the 21 municipality, in consultation with the 22 members. And I want to make sure that they 23 are aware of that. 24 And it's also audited by the 25 Comptroller of the State of New York. So I

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(518) 371-8910 1 want that also to be on the record as well. 2 ACTING PRESIDENT WINNER: Thank 3 you, Senator Golden. 4 Senator Golden will be recorded in 5 the affirmative. 6 Senator Krueger, to explain her 7 vote. 8 SENATOR LIZ KRUEGER: Thank you. 9 Thank you, Senator Golden, for your 10 clarification. 11 One point I wanted to make that I 12 neglected to make in my objection, this is 13 also the type of money that is moving through 14 what we call memorandums of understanding, 15 MOUs within the budget, secret deals where the 16 public never has access. 17 And because, again, we continue to 18 exempt ourself from FOIL laws allowing the 19 public to find out how we are deciding to 20 spend monies in the budget, this is not the 21 kind of information that, at least under 22 existing rules, the public will ever be able 23 to point out. 24 So again, I will vote no on 25 multiple reasons. Thank you.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Krueger will be recorded in the negative. 3 Senator Sabini. 4 SENATOR SABINI: To explain my 5 vote, Mr. President. 6 I just want to note that in 7 deference to the sponsor's home county, a tree 8 grows in Brooklyn; I just don't feel we should 9 pay state capital money to prune it. 10 ACTING PRESIDENT WINNER: How do 11 you vote, Senator? 12 SENATOR SABINI: I vote no. 13 ACTING PRESIDENT WINNER: Senator 14 Sabini will be recorded in the negative. 15 Results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1787 are 18 Senators Andrews, Breslin, Connor, Coppola, 19 Dilan, Duane, Gonzalez, Hassell-Thompson, 20 Klein, L. Krueger, Montgomery, Onorato, 21 Oppenheimer, Parker, Paterson, Sabini, Savino, 22 Schneiderman, Serrano, A. Smith, Stachowski, 23 Stavisky and Valesky. Also Senator 24 Malcolm Smith. 25 Those Senators absent from voting:

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(518) 371-8910 1 Senators Balboni, Diaz, C. Kruger and Sampson. 2 Ayes, 32. Nays, 24. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 739, by Senator Meier, Senate Print 7045A, an 7 act to amend the Social Services Law. 8 ACTING PRESIDENT WINNER: Senator 9 Schneiderman. 10 SENATOR SCHNEIDERMAN: Thank you, 11 Mr. President. If the sponsor would yield for 12 a question. 13 SENATOR MEIER: Certainly. 14 SENATOR SCHNEIDERMAN: I want to 15 try and move things along rapidly here; some 16 of our members have appointments with Tiger 17 Woods and other things they have to attend to. 18 This is a piece of legislation that 19 changes the law relating to the persons who 20 are required to report suspicion of abuse or 21 maltreatment of a child. 22 And I would just like to ask the 23 sponsor, in order to speed this up and focus 24 our inquiry, for teachers and others who work 25 in our schools, what is the current procedure

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(518) 371-8910 1 and how would this bill change the current 2 procedure? 3 ACTING PRESIDENT WINNER: Senator 4 Meier, do you yield? 5 SENATOR MEIER: Yes, I do, and 6 I'll be happy to answer the Senator's 7 question. 8 Mr. President, really what this 9 bill does is it resolves the question of when 10 is a mandatory reporter not a mandatory 11 reporter. 12 And under the present situation, 13 the law makes a school official a mandatory 14 reporter. That term, under the present law, 15 is widely agreed to include teachers. 16 ACTING PRESIDENT WINNER: 17 Senator, can you suffer an interruption? 18 SENATOR MEIER: Certainly. 19 ACTING PRESIDENT WINNER: Can we 20 have some order so we can resolve this debate. 21 Thank you. 22 SENATOR MEIER: The present 23 procedure, however, in most schools, when a 24 teacher -- 25 ACTING PRESIDENT WINNER:

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(518) 371-8910 1 Senators, could we have some order in the 2 chamber, please. Give Senator Meier the 3 courtesy of your attention. 4 SENATOR MEIER: The present 5 procedure in most schools, when a teacher or a 6 school nurse notes a case of suspected abuse, 7 is to then refer to a designated reporting 8 agent. That designated reporting agent is 9 normally a school administrator, the 10 principal, maybe even the school 11 superintendent. 12 And what this makes clear in this 13 bill is that the teacher and the school nurse 14 are mandatory reporters. They themselves are 15 to make the report. And it eliminates the 16 danger of a report sitting on a school 17 administrator's desk for several days. 18 We know of cases like that where 19 that has happened. We also know of cases 20 where the reporting agent, perhaps the 21 building principal or the superintendent, 22 avoids making the report because he or she 23 thinks that they, quote, unquote, know the 24 family. 25 So it makes clear what we believe

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(518) 371-8910 1 is in the existing law and prohibits an 2 additional layer of review or approval. 3 ACTING PRESIDENT WINNER: Senator 4 Schneiderman. 5 SENATOR SCHNEIDERMAN: Thank you, 6 Mr. President. On the bill. 7 This is an extremely difficult 8 area. I note that there's opposition to this 9 from the School Boards Association and from 10 the New York State United Teachers. 11 However, having examined it, I 12 think that the sponsor really has taken great 13 pains to ensure that this is not something 14 that disrupts the process in our schools. And 15 this is clearly a work in progress. We've 16 expanded gradually the numbers of people and 17 the types of people that have to report abuse. 18 In my view, it is still vastly underreported. 19 And while I sympathize with the 20 teachers for wanting a clear chain of command 21 and for the desire to centralize the 22 information with one official that can make 23 sure it's consistent, this legislation, as I 24 read it, still also requires that that 25 designated school official be the recipient of

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(518) 371-8910 1 that information. 2 So with that, I'm going to be 3 voting in support of the bill, and with the 4 hope that we can continue to work towards a 5 situation in which all suspicion of child 6 abuse gets promptly reported to the proper 7 authorities and that we can continue to try 8 and protect our children. 9 Thank you, Mr. President. 10 ACTING PRESIDENT WINNER: Senator 11 Hassell-Thompson. 12 SENATOR HASSELL-THOMPSON: Thank 13 you, Mr. President. Just on the bill. 14 I too want to rise to support this 15 bill, primarily because I think that when 16 teachers, as well as nurses and others, are 17 held responsible for reporting, somehow the 18 nuances of that reporting gets lost when it 19 goes through another administrative body. 20 Having been a pediatric nurse and 21 during the -- I was a pediatric nurse from 22 1963 until 1971. And a lot of the cases that 23 came before us, there was no vehicle until 24 after 1973 to begin to address the issues of 25 child abuse. And at that time I was an infant

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(518) 371-8910 1 daycare director, but we were responsible for 2 making the reporting through our 3 administrators. 4 Sometimes, when you're not present, 5 when issues happen, the ability to translate 6 the importance of what you see and what you 7 recognize is totally lost in the transition. 8 And so I think that this is totally 9 appropriate, and I'd like to ensure that we 10 allow people that we hold responsible to be 11 responsible in a timely fashion. 12 And I commend you, Senator Meier, 13 on this particular bill. 14 ACTING PRESIDENT WINNER: Any 15 other Senator wish to be heard? 16 Debate is closed. 17 The Secretary will ring the bell. 18 Senator Skelos. 19 SENATOR SKELOS: While the bell 20 is being rung, I just want to point out that 21 this is the last bill on the controversial 22 calendar. 23 There will be a meeting of the 24 Rules Committee once we complete this piece of 25 legislation, although that calendar will not

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(518) 371-8910 1 be brought up today. 2 ACTING PRESIDENT WINNER: Thank 3 you, Senator Skelos. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: In relation to 11 Calendar Number 739, those Senators absent 12 from voting: Senators Balboni, Diaz, 13 C. Kruger and Sampson. 14 Those Senators recorded in the 15 negative: Senator Coppola. 16 Ayes, 55. Nays, 1. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 there will be an immediate meeting of the 22 Rules Committee in the Majority Conference 23 Room. 24 And if we could return to the order 25 of motions and resolutions.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Motions 2 and resolutions. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Mr. 5 President, on behalf of Senator Golden, I wish 6 to call up Senate Print Number 7377, recalled 7 from the Assembly, which is now at the desk. 8 ACTING PRESIDENT WINNER: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 843, by Senator Golden, Senate Print 7377, an 12 act to amend the Retirement and Social 13 Security Law. 14 SENATOR FUSCHILLO: I now move to 15 reconsider the vote by which the bill was 16 passed. 17 ACTING PRESIDENT WINNER: Call 18 the roll on reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 SENATOR FUSCHILLO: I now offer 22 the following amendments. 23 ACTING PRESIDENT WINNER: The 24 amendments are received and adopted. 25 Senator Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 On page number 56, I offer the 4 following amendments to Calendar Number 1390, 5 Senate Print Number 6619, and ask that said 6 bill retain its place on Third Reading 7 Calendar. 8 ACTING PRESIDENT WINNER: The 9 amendments are received and adopted, and the 10 bill will retain its place on the Third 11 Reading Calendar. Thank you, Senator. 12 Senator Nozzolio. 13 SENATOR NOZZOLIO: Mr. President, 14 amendments are offered to the following Third 15 Reading Calendar bills: 16 By Senator Young, on page 22, 17 Calendar Number 688, Senate Print Number 18 6820B; 19 By Senator Maltese, page number 30, 20 Calendar Number 871, Senate Print Number 572A; 21 Senator Marcellino, page number 56, 22 Calendar Number 1403, Senate Print Number 23 3643B; 24 By Senator LaValle, page number 67, 25 Calendar Number 1574, Senate Print Number

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(518) 371-8910 1 7613; 2 And by Senator Padavan, page number 3 67, Calendar Number 1611, Senate Print Number 4 6719. 5 Mr. President, I now move that 6 these bills retain their place on the order of 7 Third Reading Calendar. 8 ACTING PRESIDENT WINNER: The 9 amendments are received and adopted, and the 10 bills will retain their place on the Third 11 Reading Calendar. 12 Senator Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, I believe there is a resolution at 15 the desk by Senator Sabini. Can we have the 16 title read and move for its immediate 17 adoption. 18 ACTING PRESIDENT WINNER: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Sabini, Legislative Resolution Number 6046, 22 commending the South Asian-American Action 23 Committee upon the occasion of hosting its 24 Annual Dinner and Award Ceremony. 25 ACTING PRESIDENT WINNER: All

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(518) 371-8910 1 those in favor of the resolution signify by 2 saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT WINNER: 5 Opposed? 6 (No response.) 7 ACTING PRESIDENT WINNER: The 8 resolution is adopted. 9 Senator Marcellino. 10 SENATOR MARCELLINO: Can we stand 11 at ease awaiting the report of the Rules 12 Committee, please. 13 ACTING PRESIDENT WINNER: The 14 Senate will stand at ease. 15 (Whereupon, the Senate stood at 16 ease at 1:32 p.m.) 17 (Whereupon, the Senate reconvened 18 at 1:45 p.m.) 19 ACTING PRESIDENT WINNER: Senator 20 Marcellino. 21 SENATOR MARCELLINO: Mr. 22 President, may we return to the reports of 23 standing committees for the report of the 24 Rules Committee. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 Rules Committee report is at the desk. 2 The Secretary will read. 3 THE SECRETARY: Senator Bruno, 4 from the Committee on Rules, reports the 5 following bills: 6 Senate Print 1195, by Senator 7 Golden, an act to amend the Vehicle and 8 Traffic Law; 9 1270A, by Senator Nozzolio, an act 10 to amend the Penal Law; 11 1424, by Senator Stavisky, an act 12 to amend the Education Law; 13 3328, by Senator Morahan, an act to 14 amend the Penal Law; 15 3506B, by Senator Skelos, an act to 16 amend the Correction Law; 17 3646, by Senator Leibell, an act to 18 amend the Vehicle and Traffic Law; 19 4336, by Senator Savino, an act to 20 amend the Public Authorities Law; 21 5031, by Senator Golden, an act to 22 amend the Executive Law; 23 5119A, by Senator Spano, an act 24 authorizing; 25 6310A, by Senator Morahan, an act

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(518) 371-8910 1 to amend the Vehicle and Traffic Law; 2 6361A, by Senator Spano, an act to 3 amend the Vehicle and Traffic Law; 4 6504A, by Senator Little, an act to 5 amend Chapter 80 of the Laws of 2000; 6 6623, by Senator Maziarz, an act to 7 amend the Volunteer Firefighters Benefit Law; 8 6865, by Senator Spano, an act to 9 amend the General Business Law; 10 7010A, by Senator Maziarz, an act 11 to amend the General Business Law; 12 7139, by Senator Young, an act to 13 amend the Environmental Conservation Law; 14 7227A, by Senator Farley, an act in 15 relation to state aid payments; 16 7302, by Senator Robach, an act to 17 amend Chapter 19 of the Laws of 1994; 18 7344, by Senator Larkin, an act to 19 amend the Tax Law; 20 7403A, by Senator Morahan, an act 21 to amend the General Business Law; 22 7533, by Senator Seward, an act to 23 amend the Abandoned Property Law; 24 7644B, by Senator Meier, an act to 25 amend the Social Services Law;

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(518) 371-8910 1 7647, by Senator Padavan, an act to 2 amend Local Finance Law; 3 7673, by Senator Padavan, an act to 4 amend the Tax Law; 5 7719, by Senator Rath, an act to 6 amend the Real Property Law; 7 7736B, by Senator Seward, an act in 8 relation; 9 7779B, by Senator Young, an act 10 authorizing; 11 7781, by Senator Flanagan, an act 12 to amend the Penal Law; 13 7814, by Senator Spano, an act to 14 amend the Vehicle and Traffic Law; 15 7892, by Senator Winner, an act to 16 amend the Legislative Law; 17 7977, by Senator Marcellino, an act 18 to amend the Education Law; 19 7986A, by Senator Alesi, an act 20 authorizing; 21 7988, by Senator Saland, an act 22 authorizing; 23 8006A, by Senator Bonacic, an act 24 to amend Chapter 172 of the Laws of 2002; 25 8007, by Senator Bonacic, an act to

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(518) 371-8910 1 amend Chapter 915 of the Laws of 1982; 2 8010, by Senator Coppola, an act to 3 amend the Real Property Tax Law; 4 8033, by Senator Larkin, an act to 5 remove; 6 8054, by Senator Maziarz, an act to 7 amend the State Finance Law; 8 8060, by Senator Saland, an act to 9 amend the General Business Law; 10 8068, by Senator DeFrancisco, an 11 act to amend the Real Property Law; 12 8078, by Senator Meier, an act to 13 authorize; 14 8098, by Senator Little, an act to 15 amend the Penal Law; 16 8111, by Senator Libous, an act to 17 amend the Vehicle and Traffic Law; 18 8119, by Senator Balboni, an act to 19 amend the Insurance Law; 20 8129, by Senator LaValle, an act to 21 amend the Education Law; 22 8135, by Senator Volker, an act to 23 amend the Criminal Procedure Law; 24 8139, by Senator Marcellino, an act 25 to amend the Environmental Conservation Law;

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(518) 371-8910 1 8158, by Senator Spano, an act to 2 amend the Real Property Law; 3 8162, by Senator Little, an act to 4 amend the Real Property Tax Law; 5 8168, by Senator Trunzo, an act to 6 amend the Executive Law; 7 8169, by Senator Fuschillo, an act 8 in relation to permitting; 9 8170, by Senator Fuschillo, an act 10 to amend the General Business Law; 11 8172A, by Senator Spano, an act 12 authorizing; 13 8183, by Senator Meier, an act to 14 amend the Social Services Law; 15 8184, by Senator Young, an act to 16 direct; 17 8193, by Senator Young, an act to 18 amend the Tax Law; 19 8202, by Senator Maziarz, an act to 20 incorporate; 21 8207, by Senator Meier, an act to 22 amend the Social Services Law; 23 And Senate Print 8232, by Senator 24 Fuschillo, an act to amend the Vehicle and 25 Traffic Law and others.

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(518) 371-8910 1 All bills ordered direct to third 2 reading. 3 ACTING PRESIDENT WINNER: Senator 4 Marcellino. 5 SENATOR MARCELLINO: Move to 6 accept the report of the Rules Committee, 7 Mr. President. 8 ACTING PRESIDENT WINNER: All 9 those in favor of accepting the report of the 10 Rules Committee signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT WINNER: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT WINNER: The 16 report is accepted. 17 Senator Marcellino. 18 SENATOR MARCELLINO: Mr. 19 President, is there any further business at 20 the desk? 21 ACTING PRESIDENT WINNER: No, 22 there is not, Senator. 23 SENATOR MARCELLINO: Then I move 24 that we adjourn until Monday, June 19th, at 25 3:00 p.m., intervening days being legislative

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(518) 371-8910 1 days. 2 Safe home. 3 ACTING PRESIDENT WINNER: On 4 motion, the Senate stands adjourned until 5 Monday, June 19th, at 3:00 p.m., intervening 6 days being legislative days. 7 Senate is adjourned. 8 (Whereupon, at 1:51 p.m., the 9 Senate adjourned.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910