Monday, June 19, 2006

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

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 afternoon is the Reverend Peter G. Young, from 11 Blessed Sacrament Church in Bolton Landing, 12 New York. 13 REVEREND YOUNG: Let us pray. 14 Dear God, as we gather in this last 15 week of our Senate session, we reflect on our 16 accomplishments and know that with Your 17 guidance, O God, we will continue to serve our 18 New York State citizens with dedication and 19 commitment for their benefit. 20 Since we gathered in January, the 21 history books will evaluate these past six 22 months of legislation that offered our 23 citizens a voice of public opinion, that 24 represented all of our state's diversity of 25 opinions.

Candyco Transcription Service, Inc.

(518) 371-8910 1 But this week we conclude 50 years 2 of dedicated Senate public service of John 3 Marchi. This World War II veteran was 4 welcomed by his majority leader, Walter 5 Mahoney, and Governor Averill Harriman to the 6 Capitol, and he has served these years his 7 Staten Island constituency with great dignity 8 and our citizens of the state with honor. 9 We pray today for all of our 10 Senators, for their health and for their 11 public service and dedication. 12 Amen. 13 THE PRESIDENT: Reading of the 14 Journal. 15 THE SECRETARY: In Senate, 16 Sunday, June 18, the Senate met pursuant to 17 adjournment. The Journal of Saturday, 18 June 17, was read and approved. On motion, 19 Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Bonacic. 7 SENATOR BONACIC: Good afternoon, 8 Madam President. 9 THE PRESIDENT: Good afternoon, 10 Senator. 11 SENATOR BONACIC: Amendments are 12 offered to the following Third Reading 13 Calendar bills: 14 Senator Spano, page 22, Calendar 15 733, Senate Print Number 6703A. 16 THE PRESIDENT: The amendments 17 are received, and the bill will retain its 18 place on the Third Reading Calendar. 19 SENATOR BONACIC: Senator Hannon, 20 page 48, Calendar 1353, Senate Print Number 21 7494; 22 Senator Golden, page 64, Calendar 23 1744, Senate Print Number 7885B; 24 Senator Alesi, page 22, Calendar 25 Number 760, Senate Print Number 7001B;

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Young, page 13, Calendar 2 Number 423, Senate Print Number 6265; 3 Senator Balboni, page 29, Calendar 4 924, Senate Print Number 7682; 5 Senator Farley, page 30, Calendar 6 Number 946, Senate Print Number 6683A; 7 Senator Volker, page 34, Calendar 8 Number 1049, Senate Print Number 7728; 9 Senator LaValle, page number 37, 10 Calendar Number 1124, Senate Print Number 11 2862C; 12 Senator Nozzolio, page 51, Calendar 13 Number 1412, Senate Print Number 6971; 14 Senator Balboni, page 53, Calendar 15 Number 1429, Senate Print Number 4495A; 16 Senator Padavan, page 61, Calendar 17 Number 1611, Senate Print Number 6719A; 18 Senator Marcellino, page 52, 19 Calendar Number 1416, Senate Print Number 20 7282; 21 Senator Flanagan, page 51, Calendar 22 Number 1413, Senate Print Number 7154A; 23 Senator Seward, page 46, Calendar 24 Number 1324, Senate Print Number 7899A; 25 Senator Wright, page 32, Calendar

Candyco Transcription Service, Inc.

(518) 371-8910 1 Number 997, Senate Print Number 3249B; 2 Senator Volker, page 41, Calendar 3 Number 1214, Senate Print Number 3824B. 4 Madam President, I now move that 5 these bills retain their place on the order of 6 third reading. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Bonacic. 9 The amendments are received, and 10 they will retain their place on the Third 11 Reading Calendar. 12 SENATOR BONACIC: Thank you. 13 ACTING PRESIDENT YOUNG: Senator 14 Nozzolio. 15 SENATOR NOZZOLIO: Thank you, 16 Madam President. Amendments are offered to 17 the following Third Reading Calendar bills: 18 On behalf of Senator Saland, page 19 number 15, Calendar Number 486, Senate Print 20 Number 6881A; 21 On behalf of Senator Winner, page 22 24, Calendar Number 805, Senate Print 2616; 23 On behalf of Senator Balboni, page 24 number 29, Calendar Number 925, Print Number 25 7709;

Candyco Transcription Service, Inc.

(518) 371-8910 1 On behalf of Senator Wright, page 2 34, Calendar Number 1044, Senate Print Number 3 5005E; 4 On behalf of Senator Alesi, page 5 number 36, Calendar Number 1097, Print Number 6 5000A; 7 On behalf of Senator LaValle, page 8 41, Calendar Number 1216, Print Number 5131; 9 On behalf of Senator Morahan, page 10 41, Calendar Number 1226, Print Number 4103A; 11 On behalf of Senator Bonacic, on 12 page 45, Calendar Number 1306, Senate Print 13 Number 7847; 14 On behalf of Senator Skelos, page 15 number 48, Calendar Number 1352, Senate Print 16 Number 7421A; 17 On behalf of Senator LaValle, page 18 number 57, Calendar Number 1498, Senate Print 19 Number 7081A; 20 On behalf of Senator Saland, page 21 number 58, Calendar Number 1522, Senate Print 22 Number 7392A; 23 On behalf of Senator Leibell, page 24 64, Calendar Number 1771, Senate Print Number 25 8114;

Candyco Transcription Service, Inc.

(518) 371-8910 1 On behalf of Senator Little, page 2 number 65, Calendar Number 1773, Senate Print 3 Number 8118; 4 On behalf of Senator Spano, page 5 67, Calendar Number 1802, Senate Print Number 6 6865; 7 And on behalf of Senator LaValle, 8 page number 70, Calendar Number 1832, Senate 9 Print Number 8129. 10 Madam President, I now move that 11 these bills retain their place on the order of 12 third reading. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Nozzolio. 15 The bills are received and will 16 retain their place on the Third Reading 17 Calendar. 18 Senator Wright. 19 SENATOR WRIGHT: Thank you, Madam 20 President. 21 On behalf of Senator Little, I wish 22 to call up Bill Print Number 6384, recalled 23 from the Assembly, which is now at the desk. 24 ACTING PRESIDENT YOUNG: The 25 Secretary will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 271, by Senator Little, Senate Print 6384, an 3 act in relation to creating the Dodge Library 4 District. 5 SENATOR WRIGHT: Madam President, 6 I now move to reconsider the vote by which 7 this bill was passed. 8 ACTING PRESIDENT YOUNG: Call the 9 roll on reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 48. 12 SENATOR WRIGHT: Madam President, 13 I now offer the following amendments. 14 ACTING PRESIDENT YOUNG: The 15 amendments are received. 16 SENATOR WRIGHT: Madam President, 17 on behalf of Senator Alesi, I wish to call up 18 Bill Number 5023, having passed both houses 19 and not delivered to the Governor. 20 ACTING PRESIDENT YOUNG: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 327, by Senator Alesi, Senate Print 5023, an 24 act to amend the Retirement and Social 25 Security Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR WRIGHT: Madam President, 2 I now move to reconsider the vote by which 3 this bill was passed and ask that the bill be 4 restored to the order of third reading. 5 ACTING PRESIDENT YOUNG: Call the 6 roll on reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 48. 9 ACTING PRESIDENT YOUNG: Senator 10 Wright. 11 SENATOR WRIGHT: Madam President, 12 I now offer up the following amendments. 13 ACTING PRESIDENT YOUNG: The 14 amendments are received. 15 SENATOR WRIGHT: On behalf of 16 Senator Young, I wish to call up Print Number 17 568B, recalled from the Assembly, which is now 18 at the desk. 19 ACTING PRESIDENT YOUNG: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 334, by Senator Young, Senate Print 568B, an 23 act to amend the Alcoholic Beverage Control 24 Law. 25 SENATOR WRIGHT: Madam President,

Candyco Transcription Service, Inc.

(518) 371-8910 1 I now move to reconsider the vote by which 2 this bill was passed. 3 ACTING PRESIDENT YOUNG: Call the 4 roll on reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 48. 7 SENATOR WRIGHT: Madam President, 8 I now offer the following amendments. 9 ACTING PRESIDENT YOUNG: The 10 amendments are received. 11 SENATOR WRIGHT: Madam President, 12 on behalf of Senator Young, I wish to call up 13 Print Number 6508, recalled from the Assembly, 14 which is now at the desk. 15 ACTING PRESIDENT YOUNG: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 343, by Senator Young, Senate Print 6508, an 19 act to amend the Tax Law. 20 SENATOR WRIGHT: Madam President, 21 I now move to reconsider the vote by which 22 this bill was passed. 23 ACTING PRESIDENT YOUNG: Call the 24 roll on reconsideration. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 48. 2 SENATOR WRIGHT: Madam President, 3 I now offer the following amendments. 4 ACTING PRESIDENT YOUNG: The 5 amendments are received. 6 SENATOR WRIGHT: Madam President, 7 on behalf of Senator Winner, I wish to call up 8 Print Number 6767, recalled from the Assembly, 9 which is now at the desk. 10 ACTING PRESIDENT YOUNG: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 707, by Senator Winner, Senate Print 6767, an 14 act to amend the Agriculture and Markets Law. 15 SENATOR WRIGHT: Madam President, 16 I now move to reconsider the vote by which 17 this bill was passed. 18 ACTING PRESIDENT YOUNG: Call the 19 roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 51. 22 SENATOR WRIGHT: Madam President, 23 I now offer the following amendments. 24 ACTING PRESIDENT YOUNG: The 25 amendments are received.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR WRIGHT: On behalf of 2 Senator Spano, I wish to call up Print Number 3 7318A, recalled from the Assembly, which is 4 now at the desk. 5 ACTING PRESIDENT YOUNG: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 752, by Senator Spano, Senate Print 7318A, an 9 act to amend the Labor Law. 10 SENATOR WRIGHT: Madam President, 11 I now move to reconsider the vote by which 12 this bill was passed. 13 ACTING PRESIDENT YOUNG: Call the 14 roll on reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 51. 17 SENATOR WRIGHT: Madam President, 18 I now offer the following amendments. 19 ACTING PRESIDENT YOUNG: The 20 amendments are received. 21 SENATOR WRIGHT: Madam President, 22 on behalf of Senator Balboni, I wish to call 23 up Print Number 6822A, recalled from the 24 Assembly, which is now at the desk. 25 ACTING PRESIDENT YOUNG: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 1003, by Senator Balboni, Senate Print 6822A, 4 an act to amend the Waterfront Commission Act. 5 SENATOR WRIGHT: Madam President, 6 I now move to reconsider the vote by which 7 this bill was passed. 8 ACTING PRESIDENT YOUNG: Call the 9 roll on reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 51. 12 SENATOR WRIGHT: Madam President, 13 I now offer the following amendments. 14 ACTING PRESIDENT YOUNG: The 15 amendments are received. 16 SENATOR WRIGHT: Madam President, 17 on behalf of Senator Padavan, I wish to call 18 up Print Number 7109, recalled from the 19 Assembly, which is now at the desk. 20 ACTING PRESIDENT YOUNG: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1004, by Senator Padavan, Senate Print 7109, 24 an act to amend the Waterfront Commission Act. 25 SENATOR WRIGHT: Madam President,

Candyco Transcription Service, Inc.

(518) 371-8910 1 I now move to reconsider the vote by which 2 this bill was passed. 3 ACTING PRESIDENT YOUNG: Call the 4 roll on reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 51. 7 SENATOR WRIGHT: Madam President, 8 I now offer the following amendments. 9 ACTING PRESIDENT YOUNG: The 10 amendments are received. 11 SENATOR WRIGHT: Thank you. 12 ACTING PRESIDENT YOUNG: Senator 13 Fuschillo. 14 SENATOR FUSCHILLO: Thank you, 15 Madam President. 16 On behalf of Senator Leibell, I 17 wish to call up Senate Print Number 7181, 18 having passed both houses and not delivered to 19 the Governor. 20 ACTING PRESIDENT YOUNG: Thank 21 you, Senator Fuschillo. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1005, by Senator Leibell, Senate Print 7181, 25 an act to amend the Waterfront Commission Act.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR FUSCHILLO: I now move to 2 reconsider the vote by which the bill was 3 passed and ask that said bill be restored to 4 the order of third reading. 5 ACTING PRESIDENT YOUNG: Call the 6 roll on reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 51. 9 SENATOR FUSCHILLO: I now offer 10 up the following amendments. 11 ACTING PRESIDENT YOUNG: The 12 amendments are received. 13 SENATOR FUSCHILLO: On behalf of 14 Senator Saland, I wish to call up Senate Print 15 Number 6871, recalled from the Assembly, which 16 is now at the desk. 17 ACTING PRESIDENT YOUNG: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1099, by Senator Saland, Senate Print 6871, an 21 act to amend the Criminal Procedure Law. 22 SENATOR FUSCHILLO: I now move to 23 reconsider the vote by which the bill was 24 passed. 25 ACTING PRESIDENT YOUNG: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll on reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 51. 4 SENATOR FUSCHILLO: I now offer 5 the following amendments. 6 ACTING PRESIDENT YOUNG: The 7 amendments are received. 8 SENATOR FUSCHILLO: Madam 9 President, on behalf of Senator Winner, I wish 10 to call up Senate Print 7246, recalled from 11 the Assembly, which is now at the desk. 12 ACTING PRESIDENT YOUNG: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1281, by Senator Winner, Senate Print 7246, an 16 act to authorize. 17 SENATOR FUSCHILLO: I now move to 18 reconsider the vote by which the bill was 19 passed. 20 ACTING PRESIDENT YOUNG: Call the 21 roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 51. 24 SENATOR FUSCHILLO: I now offer 25 the following amendments.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The 2 amendments are received. 3 SENATOR FUSCHILLO: On behalf of 4 Senator Winner, I wish to call up Senate Print 5 Number 6940, recalled from the Assembly, which 6 is now at the desk. 7 ACTING PRESIDENT YOUNG: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1410, by Senator Winner, Senate Print 6940, an 11 act to amend the Highway Law. 12 SENATOR FUSCHILLO: I now move to 13 reconsider the vote by which the bill was 14 passed. 15 ACTING PRESIDENT YOUNG: Call the 16 roll on reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 51. 19 SENATOR FUSCHILLO: I now offer 20 the following amendments. 21 ACTING PRESIDENT YOUNG: The 22 amendments are received. 23 SENATOR FUSCHILLO: On behalf of 24 Senator Maziarz, I wish to call up Senate 25 Print Number 3335, having passed both houses

Candyco Transcription Service, Inc.

(518) 371-8910 1 and not delivered to the Governor. 2 ACTING PRESIDENT YOUNG: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1593, by Senator Maziarz, Senate Print 3335, 6 an act in relation to authorizing. 7 SENATOR FUSCHILLO: I now move to 8 reconsider the vote by which the bill was 9 passed and ask that the bill be restored to 10 the order of third reading. 11 ACTING PRESIDENT YOUNG: Call the 12 roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 51. 15 SENATOR FUSCHILLO: I now offer 16 up the following amendments. 17 ACTING PRESIDENT YOUNG: The 18 amendments are received. 19 SENATOR FUSCHILLO: On behalf of 20 Senator LaValle, I wish to call up Senate 21 Print Number 7405A, recalled from the 22 Assembly, which is now at the desk. 23 ACTING PRESIDENT YOUNG: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1580, by Senator LaValle, Senate Print 7405A, 2 an act to amend the Education Law. 3 SENATOR FUSCHILLO: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 ACTING PRESIDENT YOUNG: Call the 7 roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 51. 10 SENATOR FUSCHILLO: I now offer 11 the following amendments. 12 ACTING PRESIDENT YOUNG: The 13 amendments are received. 14 SENATOR FUSCHILLO: On behalf of 15 Senator Golden, I wish to call up Senate Print 16 Number 7505, recalled from the Assembly, which 17 is now at the desk. 18 ACTING PRESIDENT YOUNG: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1718, by Senator Golden, Senate Print 7505, an 22 act to amend the General Municipal Law. 23 SENATOR FUSCHILLO: I now move to 24 reconsider the vote by which the bill was 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll on reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 51. 5 SENATOR FUSCHILLO: I now offer 6 up the following amendments. 7 ACTING PRESIDENT YOUNG: The 8 amendments are received. 9 SENATOR FUSCHILLO: On behalf of 10 Senator Meier, I wish to call up Senate Print 11 Number 5392A, having passed both houses and 12 not delivered to the Governor. 13 ACTING PRESIDENT YOUNG: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 193, by Senator Meier, Senate Print 5392A, an 17 act to amend the Social Services Law. 18 SENATOR FUSCHILLO: I now move to 19 reconsider the vote by which the bill was 20 passed and ask that the bill be restored to 21 the order of third reading. 22 ACTING PRESIDENT YOUNG: Call the 23 roll on reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 51.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR FUSCHILLO: I now offer 2 up the following amendments. 3 ACTING PRESIDENT YOUNG: The 4 amendments are received. 5 SENATOR FUSCHILLO: On behalf of 6 Senator Meier, I wish to call up Senate Print 7 Number 5393, having passed both houses and not 8 delivered to the Governor. 9 ACTING PRESIDENT YOUNG: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 194, by Senator Meier, Senate Print 5393, an 13 act to amend the Family Court Act. 14 SENATOR FUSCHILLO: I now move to 15 reconsider the vote by which the bill was 16 passed and ask that the bill be restored to 17 the order of third reading. 18 ACTING PRESIDENT YOUNG: Call the 19 roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 52. 22 SENATOR FUSCHILLO: I now offer 23 up the following amendments. 24 ACTING PRESIDENT YOUNG: The 25 amendments are received.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR FUSCHILLO: On behalf of 2 Senator Seward, I wish to call up Senate Print 3 Number 6887, recalled from the Assembly, which 4 is now at the desk. 5 ACTING PRESIDENT YOUNG: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 507, by Senator Seward, Senate Print 6887, an 9 act to amend the Insurance Law. 10 SENATOR FUSCHILLO: I now move to 11 reconsider the vote by which the bill was 12 passed. 13 ACTING PRESIDENT YOUNG: Call the 14 roll on reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 52. 17 SENATOR FUSCHILLO: I now offer 18 the following amendments. 19 ACTING PRESIDENT YOUNG: The 20 amendments are received. 21 SENATOR FUSCHILLO: Madam 22 President, are there any substitutions at the 23 desk? 24 ACTING PRESIDENT YOUNG: Yes, 25 there are, Senator Fuschillo.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: On page 5, 3 Senator Volker moves to discharge, from the 4 Committee on Rules, Assembly Bill Number 6027 5 and substitute it for the identical Senate 6 Bill Number 6348, Third Reading Calendar 146. 7 On page 13, Senator Little moves to 8 discharge, from the Committee on Local 9 Government, Assembly Bill Number 393 and 10 substitute it for the identical Senate Bill 11 Number 726, Third Reading Calendar 409. 12 On page 16, Senator Saland moves to 13 discharge, from the Committee on Local 14 Government, Assembly Bill Number 949A and 15 substitute it for the identical Senate Bill 16 Number 6383, Third Reading Calendar 544. 17 On page 20, Senator Maltese moves 18 to discharge, from the Committee on 19 Transportation, Assembly Bill Number 5778 and 20 substitute it for the identical Senate Bill 21 Number 2939, Third Reading Calendar 664. 22 On page 33, Senator Bonacic moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 8155A and substitute it 25 for the identical Senate Bill Number 7324,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Third Reading Calendar 1029. 2 On page 45, Senator Maltese moves 3 to discharge, from the Committee on Veterans, 4 Homeland Security and Military Affairs, 5 Assembly Bill Number 9650 and substitute it 6 for the identical Senate Bill Number 7416, 7 Third Reading Calendar 1300. 8 On page 53, Senator Maltese moves 9 to discharge, from the Committee on Civil 10 Service and Pensions, Assembly Bill Number 11 7054A and substitute it for the identical 12 Senate Bill Number 4030A, Third Reading 13 Calendar 1437. 14 On page 54, Senator Robach moves to 15 discharge, from the Committee on Civil Service 16 and Pensions, Assembly Bill Number 5427A and 17 substitute it for the identical Senate Bill 18 Number 4414A, Third Reading Calendar 1458. 19 On page 61, Senator Winner moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 10331 and substitute it 22 for the identical Senate Bill Number 7023, 23 Third Reading Calendar 1634. 24 And on page 63, Senator Winner 25 moves to discharge, from the Committee on

Candyco Transcription Service, Inc.

(518) 371-8910 1 Rules, Assembly Bill Number 10242B and 2 substitute it for the identical Senate Bill 3 Number 7004A, Third Reading Calendar 1713. 4 ACTING PRESIDENT YOUNG: 5 Substitutions ordered. 6 Senator Fuschillo. 7 SENATOR FUSCHILLO: Madam 8 President, may we please have the reading of 9 the noncontroversial calendar. 10 ACTING PRESIDENT YOUNG: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 18, by Senator Volker, Senate Print 6277B, an 14 act to amend the Penal Law and others. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 30. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT YOUNG: Announce 24 the results. 25 THE SECRETARY: Ayes, 52.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 45, by Senator Fuschillo, Senate Print 785B, 5 an act to amend the Tax Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 7. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT YOUNG: Announce 14 the results. 15 THE SECRETARY: Ayes, 52. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 146, substituted earlier by Member of the 20 Assembly Ramos, Assembly Print Number 6027, an 21 act to amend the Penal Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the first of

Candyco Transcription Service, Inc.

(518) 371-8910 1 November. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT YOUNG: Announce 6 the results. 7 THE SECRETARY: Ayes, 51. Nays, 8 1. Senator Maziarz recorded in the negative. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 323, by Senator Golden, Senate Print 3078A, an 13 act to amend the Civil Service Law. 14 ACTING PRESIDENT YOUNG: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT YOUNG: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT YOUNG: Announce 22 the results. 23 THE SECRETARY: Ayes, 52. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 349, by Senator Morahan, Senate Print 5340A, 3 an act to amend the Mental Hygiene Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT YOUNG: Announce 12 the results. 13 THE SECRETARY: Ayes, 52. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 409, substituted earlier by Member of the 18 Assembly Gunther, Assembly Print Number 393, 19 an act to amend the Real Property Tax Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 52. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 426, by Senator Maltese, Senate Print 5589A, 9 an act to amend the Administrative Code of the 10 City of New York. 11 ACTING PRESIDENT YOUNG: There is 12 a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Announce 20 the results. 21 THE SECRETARY: Ayes, 52. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 469, by Senator --

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Lay it 2 aside. 3 ACTING PRESIDENT YOUNG: The bill 4 is laid aside. 5 THE SECRETARY: Calendar Number 6 508, by Senator Marchi, Senate Print 6899, an 7 act to amend Chapter 697 of the Laws of 2004. 8 ACTING PRESIDENT YOUNG: There is 9 a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT YOUNG: Announce 17 the results. 18 THE SECRETARY: Ayes, 52. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 524, by Senator Golden, Senate Print 4458D, an 23 act to amend the General Municipal Law. 24 ACTING PRESIDENT YOUNG: There is 25 a home-rule message at the desk.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT YOUNG: Announce 8 the results. 9 THE SECRETARY: Ayes, 52. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 528, by Senator Golden, Senate Print 6773, an 14 act to amend the Civil Service Law. 15 ACTING PRESIDENT YOUNG: There is 16 a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT YOUNG: Announce 24 the results. 25 THE SECRETARY: Ayes, 52.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 544, substituted earlier today by Member of 5 the Assembly Tokasz, Assembly Print Number 6 949A, an act to amend the Real Property Tax 7 Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect July 1, 2006. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT YOUNG: Announce 16 the results. 17 THE SECRETARY: Ayes, 51. Nays, 18 1. Senator LaValle recorded in the negative. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 664, substituted earlier today by Member of 23 the Assembly McLaughlin, Assembly Print Number 24 5778, an act to amend the Vehicle and Traffic 25 Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 52. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 725, by Senator Johnson, Senate Print 6851A, 16 an act to authorize. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT YOUNG: Announce 25 the results.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 725 are 3 Senators Bonacic and Rath. 4 Ayes, 50. Nays, 2. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 737, by Senator Meier, Senate Print 7042A, an 9 act to amend the Social Services Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 120th day. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Ayes, 52. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 748, by Senator Golden, Senate Print 7239A, an 24 act to amend the Administrative Code of the 25 City of New York.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: There is 2 a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 13. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 52. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 788, by Senator Marcellino, Senate Print 16 6862A, an act to authorize Pederson-Krag 17 Center of New York. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

Candyco Transcription Service, Inc.

(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 51. Nays, 3 1. Senator Bonacic recorded in the negative. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 863, by Senator Balboni, Senate Print 7358B, 8 an act to amend the Environmental Conservation 9 Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Ayes, 51. Nays, 20 1. Senator Duane recorded in the negative. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 888, by Senator Golden, Senate Print 1823A, an 25 act to amend the Penal Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR SABINI: Lay it aside. 2 ACTING PRESIDENT YOUNG: The bill 3 is laid aside. 4 THE SECRETARY: Calendar Number 5 905, by Senator Volker, Senate Print 6753A, an 6 act to amend the Civil Practice Law and Rules. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT YOUNG: Announce 15 the results. 16 THE SECRETARY: Ayes, 52. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 923, by Senator Balboni, Senate Print 7681A, 21 an act to amend the Executive Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect one year after it shall

Candyco Transcription Service, Inc.

(518) 371-8910 1 have become a law. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT YOUNG: Announce 6 the results. 7 THE SECRETARY: Ayes, 52. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 930, by Senator Maltese, Senate Print 7417, an 12 act to amend the Civil Service Law. 13 ACTING PRESIDENT YOUNG: There is 14 a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT YOUNG: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT YOUNG: The 22 Secretary will announce the results. 23 THE SECRETARY: Ayes, 53. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 941, by Senator Spano, Senate Print 5343A, an 3 act to amend the Alcoholic Beverage Control 4 Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 941 are 16 Senators Duane, Fuschillo, LaValle, 17 Marcellino, Padavan, Saland, Savino and 18 Wright. 19 Ayes, 45. Nays, 8. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 947, by Senator Wright, Senate Print 6855, an 24 act in relation to authorizing. 25 ACTING PRESIDENT YOUNG: Read the

Candyco Transcription Service, Inc.

(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT YOUNG: Announce 8 the results. 9 THE SECRETARY: Ayes, 53. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 968, by Senator Wright, Senate Print 4487B, an 14 act to amend the General Municipal Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT YOUNG: Announce 23 the results. 24 THE SECRETARY: Ayes, 53. 25 ACTING PRESIDENT YOUNG: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 982, by Senator Balboni, Senate Print 7266A, 4 an act to authorize. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 982 are 16 Senators Bonacic, Larkin and Rath. 17 Ayes, 51. Nays, 3. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 986, by Senator Fuschillo, Senate Print 7556B, 22 an act to authorize. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT YOUNG: Announce 6 the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 986 are 9 Senators Bonacic, Larkin and Rath. 10 Ayes, 51. Nays, 3. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 992, by Senator Flanagan, Senate Print 5109D, 15 an act to amend the Parks, Recreation and 16 Historic Preservation Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 180th day. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT YOUNG: Announce 25 the results.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 54. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1029, substituted earlier today by Member of 6 the Assembly Koon, Assembly Print Number 7 8155A, an act to amend the Public Health Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT YOUNG: Announce 16 the results. 17 THE SECRETARY: Ayes, 54. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1069, by Senator Volker, Senate Print 7231A, 22 an act to amend the Public Authorities Law. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT YOUNG: Announce 6 the results. 7 THE SECRETARY: Ayes, 54. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1084, by Senator Golden, Senate Print 7840, an 12 act to amend the Administrative Code of the 13 City of New York. 14 ACTING PRESIDENT YOUNG: There is 15 a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 22. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT YOUNG: Announce 23 the results. 24 THE SECRETARY: Ayes, 54. 25 ACTING PRESIDENT YOUNG: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1101, by Senator Spano -- 4 SENATOR HASSELL-THOMPSON: Lay it 5 aside. 6 ACTING PRESIDENT YOUNG: The bill 7 is laid aside. 8 THE SECRETARY: Calendar Number 9 1253, by Senator Robach, Senate Print 3065D, 10 an act to amend the Retirement and Social 11 Security Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect immediately. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Announce 20 the results. 21 THE SECRETARY: Ayes, 55. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1300, substituted earlier today by Member of

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Assembly Sweeney, Assembly Print Number 2 9650, an act to amend the Education Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 55. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1301, by Senator Maltese, Senate Print 7677A, 17 an act to amend the Education Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 60th day. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

Candyco Transcription Service, Inc.

(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 55. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1336, by Senator Maltese, Senate Print 6299A, 7 an act to amend the General Municipal Law. 8 ACTING PRESIDENT YOUNG: There is 9 a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT YOUNG: Announce 17 the results. 18 THE SECRETARY: Ayes, 55. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1343, by the Senate Committee on Rules, Senate 23 Print Number 7920A, an act to authorize the 24 City of New York. 25 ACTING PRESIDENT YOUNG: There is

Candyco Transcription Service, Inc.

(518) 371-8910 1 a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1396, by Senator LaValle, Senate Print 7356, 13 an act to amend the Criminal Procedure Law. 14 ACTING PRESIDENT YOUNG: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT YOUNG: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT YOUNG: Announce 22 the results. 23 THE SECRETARY: Ayes, 54. Nays, 24 1. Senator Duane recorded in the negative. 25 ACTING PRESIDENT YOUNG: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1407, by Senator Marchi, Senate Print 6332B, 4 an act to amend the Highway Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1409, by Senator Volker, Senate Print 6748A, 19 an act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 180th day. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1426, by Senator LaValle, Senate Print 3113B, 9 an act to amend the Vehicle and Traffic Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Ayes, 55. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1437, substituted earlier today by Member of 24 the Assembly Abbate, Assembly Print Number 25 7054A, an act to amend the Retirement and

Candyco Transcription Service, Inc.

(518) 371-8910 1 Social Security Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 55. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1458, substituted earlier today by Member of 16 the Assembly Abbate, Assembly Print Number 17 5427A, an act to amend the Retirement and 18 Social Security Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 55. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1465, by Senator Golden, Senate Print 7507, an 8 act to amend the Retirement and Social 9 Security Law and the Administrative Code of 10 the City of New York. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 10. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 55. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1468, by Senator Golden, Senate Print 7853A, 25 an act to amend the Retirement and Social

Candyco Transcription Service, Inc.

(518) 371-8910 1 Security Law. 2 ACTING PRESIDENT YOUNG: There is 3 a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 55. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1483, by the Senate Committee on Rules, Senate 17 Print Number 7864A, an act to amend Chapter 18 757 of the Laws of 2005. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 55. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1495, by Senator Morahan, Senate Print 5859A, 8 an act to authorize the Commissioner of 9 General Services. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Ayes, 55. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1500, by Member of the Assembly Destito -- 24 SENATOR HASSELL-THOMPSON: Lay it 25 aside.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is laid aside. 3 THE SECRETARY: Calendar Number 4 1503, by Senator LaValle, Senate Print 7690A, 5 an act to amend the Alcoholic Beverage Control 6 Law. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT YOUNG: Announce 15 the results. 16 THE SECRETARY: Ayes, 55. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1525, by Senator Skelos -- 21 SENATOR FUSCHILLO: Lay it aside 22 for the day. 23 ACTING PRESIDENT YOUNG: The bill 24 is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1551, by Senator Spano, Senate Print 7803, an 2 act to amend the Navigation Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect January 1, 2007. 7 SENATOR MONTGOMERY: Madam 8 President, to explain my vote. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Senator 13 Montgomery. 14 SENATOR MONTGOMERY: Yes, I'm 15 enthusiastically supporting this legislation. 16 And I note in the sponsor's memo 17 that this increase in pilotage rates will 18 allow the pilots to be able to recruit and 19 train new pilots. 20 And I also see that there are 21 currently eight pilots licensed for the Hudson 22 River. One of these pilots is eligible for 23 retirement next year, and two others will be 24 eligible in 2007 and 2009, respectively. 25 There is only one pilot in training to replace

Candyco Transcription Service, Inc.

(518) 371-8910 1 retiring pilots. 2 So we have a very serious 3 situation, obviously, Madam President. And in 4 fact, we need to be doing much more to make 5 sure, because I consider these pilots the 6 first line of defense in terms of the safety 7 of our ports. 8 So I'm very enthusiastic about it, 9 and I hope that we can pay much more attention 10 to this situation, because we could be facing 11 a very serious problem as it relates to the 12 security of our ports. 13 Thank you, Madam President. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Montgomery. You will be recorded 16 in the affirmative. 17 Announce the results. 18 THE SECRETARY: Ayes, 55. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1560, by Senator Farley -- 23 SENATOR FUSCHILLO: Lay it aside 24 for the day. 25 ACTING PRESIDENT YOUNG: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is laid aside for the day. 2 THE SECRETARY: Calendar Number 3 1561, by Senator Saland, Senate Print 7335B, 4 an act to require the Superintendent of Banks. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1564, by Senator Farley, Senate Print 7525A, 19 an act to amend the Banking Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1566, by Senator LaValle, Senate Print 839A, 9 an act to amend the Education Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of July. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Ayes, 55. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1569, by Senator Larkin, Senate Print 3243A, 24 an act to amend the Education Law. 25 ACTING PRESIDENT YOUNG: Read the

Candyco Transcription Service, Inc.

(518) 371-8910 1 last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT YOUNG: Announce 8 the results. 9 THE SECRETARY: Ayes, 54. Nays, 10 1. Senator Marcellino recorded in the 11 negative. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1577, by Senator LaValle, Senate Print 561B, 16 an act to amend the Education Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 September. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Duane, to explain his vote. 2 SENATOR DUANE: Thank you, Madam 3 President. 4 I want to point out to my 5 colleagues on both sides of the aisle that 6 there is no minority party representation, and 7 oddly and inexcusably there are two 8 appointments by the Speaker of the Assembly 9 and two appointments by the Majority Leader of 10 the Senate. 11 So not only is this just bad from a 12 policy point of view and certainly doesn't 13 represent the best in bipartisan work that we 14 should be doing here, but it's even more 15 egregious because both of the two majority 16 party leaders get to appoint two members each. 17 So I would encourage my colleagues 18 on both sides of the aisle -- but I have a 19 feeling this is particularly for this side of 20 the aisle -- to vote in the negative on this, 21 because it is just plain wrong that our 22 conference does not get an appointment. 23 I'll be voting in the negative, 24 Madam President, and hoping that my colleagues 25 will also vote in the negative.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Thank 2 you, Senator Duane. You will be recorded in 3 the negative. 4 Announce the results. 5 THE SECRETARY: Ayes, 54. Nays, 6 1. Senator -- 7 SENATOR STAVISKY: Madam 8 President. 9 ACTING PRESIDENT YOUNG: Senator 10 Stavisky. 11 SENATOR STAVISKY: To explain my 12 vote, at the request of one of my colleagues. 13 ACTING PRESIDENT YOUNG: To 14 explain your vote. 15 SENATOR STAVISKY: I think it's 16 unfortunate that there is not minority 17 representation on the bill. 18 However, this came about as a 19 result of a hearing, extensive hearings 20 concerning the college boards and the SAT 21 exams. And I think that this is a step in the 22 right direction, and I commend Senator 23 LaValle. And I hope that if we revisit the 24 issue next year, that perhaps there can be 25 minority representation. But I think it's an

Candyco Transcription Service, Inc.

(518) 371-8910 1 important bill. There have been scandals 2 involving the SAT exam. And I think this is a 3 good step. 4 Thank you. 5 ACTING PRESIDENT YOUNG: Senator 6 Stavisky, how do you vote? 7 SENATOR STAVISKY: I vote aye. 8 ACTING PRESIDENT YOUNG: You will 9 be recorded in the affirmative. Thank you. 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1577 are 13 Senators Dilan, Duane, L. Krueger, and Savino. 14 Also Senator Parker. 15 Ayes, 50. Nays, 5. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1591, by Senator Winner, Senate Print 3304E, 20 an act to amend the Education Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 90th day. 25 ACTING PRESIDENT YOUNG: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT YOUNG: Announce 4 the results. 5 THE SECRETARY: Ayes, 54. Nays, 6 1. Senator Marcellino recorded in the 7 negative. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1634, substituted earlier today by Member of 12 the Assembly Lifton, Assembly Print Number 13 10331, an act to authorize the Village of 14 Cayuga Heights. 15 ACTING PRESIDENT YOUNG: There is 16 a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT YOUNG: Announce 24 the results. 25 THE SECRETARY: Ayes, 56.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1661, by Senator Padavan, Senate Print 8048, 5 an act in relation to authorizing. 6 ACTING PRESIDENT YOUNG: There is 7 a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT YOUNG: Announce 15 the results. 16 THE SECRETARY: Ayes, 56. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1681, by Senator Maziarz, Senate Print 6224A, 21 an act to amend the Vehicle and Traffic Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 180th day.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Senator 5 Montgomery. 6 SENATOR MONTGOMERY: Yes, Madam 7 President, just briefly. I want to thank 8 Senator Maziarz for this bill. 9 Some years ago I wanted to put this 10 "Buy American" on my newsletters, and I was 11 told that it was not appropriate and I 12 couldn't do it. So now, with this 13 legislation, I'm assuming that I can -- I am 14 authorized also to express my concern that I 15 would like constituents to buy American in 16 order to keep jobs in America. 17 So thank you. I'm supporting this 18 bill, Madam President. 19 ACTING PRESIDENT YOUNG: Thank 20 you, Senator Montgomery. You will be recorded 21 in the affirmative. 22 Announce the results. 23 THE SECRETARY: Ayes, 56. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1683, by Senator Little, Senate Print 6427A, 3 an act to amend the Vehicle and Traffic Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT YOUNG: Announce 12 the results. 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1690, by Senator Meier, Senate Print 7641A, an 18 act to amend the Social Services Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect December 31, 2006. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 56. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1713, substituted earlier today by Member of 8 the Assembly Magee, Assembly Print Number 9 10242B, an act to amend the Agriculture and 10 Markets Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1717, by Senator Farley, Senate Print 7424A, 25 an act to amend the Real Property Tax Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT YOUNG: Announce 9 the results. 10 THE SECRETARY: Ayes, 56. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1720, by Senator Meier, Senate Print 7643A, an 15 act to amend the Social Services Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT YOUNG: Announce 24 the results. 25 THE SECRETARY: Ayes, 56.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1736, by Senator Maziarz, Senate Print 6223A, 5 an act to amend the Vehicle and Traffic Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT YOUNG: Announce 14 the results. 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1750, by Senator Bonacic, Senate Print 8032A, 20 an act to amend the Public Authorities Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT YOUNG: Announce 4 the results. 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1752, by Senator Padavan, Senate Print 8043A, 10 an act to amend the Real Property Tax Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 18. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1767, by Senator Wright, Senate Print 8100, an 25 act to authorize the conveyance of certain

Candyco Transcription Service, Inc.

(518) 371-8910 1 real property. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 6. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 56. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1769, by Senator Leibell, Senate Print 8109, 16 an act to amend the Public Authorities Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT YOUNG: Announce 25 the results.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 56. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1772, by Senator Meier, Senate Print 8115, an 6 act to amend the Social Services Law and 7 others. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 7. This 11 act shall take effect on the 120th day. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT YOUNG: Announce 16 the results. 17 THE SECRETARY: Ayes, 56. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1775, by Senator Padavan, Senate Print 8126, 22 an act to amend the Public Authorities Law. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 4. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT YOUNG: Announce 6 the results. 7 THE SECRETARY: Ayes, 56. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1776, by Senator Marchi, Senate Print 8127, an 12 act to amend Chapter 586 of the Laws of 2005. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Announce 21 the results. 22 THE SECRETARY: Ayes, 56. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1777, by Senator Meier, Senate Print 8130, an 2 act to amend the Education Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 56. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1778, by Senator Meier, Senate Print 8131, an 17 act to amend the Social Services Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

Candyco Transcription Service, Inc.

(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 56. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1782, by Senator Little, Senate Print 8151, an 7 act to authorize. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT YOUNG: Announce 16 the results. 17 THE SECRETARY: In relation to 18 Calendar Number 1782: Ayes, 55. Nays, 1. 19 Senator Duane recorded in the negative. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1785, by Senator Trunzo, Senate Print 8157, an 24 act to authorize. 25 ACTING PRESIDENT YOUNG: Read the

Candyco Transcription Service, Inc.

(518) 371-8910 1 last section. 2 THE SECRETARY: Section 10. This 3 act shall take effect immediately. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT YOUNG: Announce 8 the results. 9 THE SECRETARY: Ayes, 56. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1791, by Senator Stavisky, Senate Print 1424, 14 an act to amend the Education Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT YOUNG: Announce 23 the results. 24 THE SECRETARY: Ayes, 56. 25 ACTING PRESIDENT YOUNG: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1795, by Senator Savino, Senate Print 4336, an 4 act to amend the Public Authorities Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: Ayes, 56. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1810, by Senator Meier, Senate Print 7644B, an 19 act to amend the Social Services Law and the 20 Executive Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the 180th day. 25 ACTING PRESIDENT YOUNG: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT YOUNG: Announce 4 the results. 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1841, by Senator Meier, Senate Print 8183, an 10 act to amend the Social Services Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 18 -- 25 SENATOR MONTGOMERY: Lay it

Candyco Transcription Service, Inc.

(518) 371-8910 1 aside. 2 ACTING PRESIDENT YOUNG: Senator 3 Montgomery, which bill would you like to lay 4 aside? 5 SENATOR MONTGOMERY: 1845. 6 ACTING PRESIDENT YOUNG: The bill 7 is laid aside. 8 THE SECRETARY: Calendar Number 9 1846, by Senator Balboni, Senate Print 8119, 10 an act to amend the Insurance Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 Senator Fuschillo, that completes 24 the noncontroversial reading of the calendar. 25 SENATOR FUSCHILLO: Madam

Candyco Transcription Service, Inc.

(518) 371-8910 1 President, on the noncontroversial calendar, 2 will you please lay aside for the day Calendar 3 Number 1101. 4 ACTING PRESIDENT YOUNG: 1101 is 5 laid aside for the day. 6 SENATOR FUSCHILLO: At this time, 7 will you please take up the reading of the 8 controversial calendar. 9 ACTING PRESIDENT YOUNG: The 10 Secretary will ring the bell. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 469, by Senator Balboni, Senate Print 6914A, 14 an act to amend the Executive Law. 15 SENATOR HASSELL-THOMPSON: 16 Explanation. 17 ACTING PRESIDENT YOUNG: Senator 18 Balboni, an explanation has been requested. 19 SENATOR BALBONI: Thank you very 20 much, Madam President. 21 I guess this is going to be of some 22 surprise to all of you in this chamber, but 23 this is a homeland security-related bill. 24 I've been trying to get out of that genre for 25 a little bit, but right now this is a bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 that actually we've been starting to work on 2 for coming up on two years. 3 Let me just tell you the genesis of 4 this particular proposal. The first is that 5 when you look at all the assets that we have 6 to protect, what you realize very quickly is 7 that 80 percent of them are in private hands. 8 In addition to which you realize that when it 9 comes to emergency management and sheltering 10 people, again, so many of the assets fall into 11 private hands. 12 Secondly, I was talking with 13 Dr. Robert Scott of Adelphi University, who 14 proudly announced to me that he was going to 15 be the site of a point-of-distribution center, 16 which is where they hand out antibiotics in 17 the case of a medical emergency or radiation 18 tablets or any of the other things that you 19 give out at a point-of-distribution center, 20 but then his attorneys for his insurance 21 company told him he couldn't do it. And that 22 was because of the liability attached to 23 creating a point-of-distribution center. 24 And I just participated in Nassau 25 County's drill that they had a week ago Sunday

Candyco Transcription Service, Inc.

(518) 371-8910 1 where they had 3,000 people involved in 2 point-of-distribution services, and it was a 3 great drill, but lacking was any of the 4 private-sector involvement. 5 What this bill does, it says to the 6 private sector: Join us when it comes to 7 emergency management, join us when it comes to 8 providing benefits for people who need 9 sheltering, for helping out in a disaster. 10 And what we saw in Katrina was that 11 many of the effective responses were not of 12 government but were of the private sector, 13 with the Wal-Mart supply chain, where some of 14 the other companies would be able to deliver 15 vehicles. 16 So this is an attempt to engage the 17 private sector, finally, with a commonsense 18 civil liability -- yes, I know that's a term 19 that gets some people crazy. But this is what 20 this bill does. It says that during the state 21 of an emergency, of a declared emergency, if 22 you provide services through a contract -- and 23 that word "contract" is going to cause some 24 people some problems -- but a contract, 25 memorandum of understanding, any type of

Candyco Transcription Service, Inc.

(518) 371-8910 1 relationship with the government. And under 2 their supervision, then you will be held 3 responsible only for gross negligence. 4 This is consistent with the Good 5 Samaritan laws in this nation. Of course, we 6 don't have one in the State of New York. It 7 is also consistent with our decision to 8 indemnify and defend public officers, pursuant 9 to Section 17 of this statute. 10 Thank you, Madam President. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Balboni. 13 Senator Schneiderman. 14 SENATOR SCHNEIDERMAN: Thank you, 15 Madam President. If the sponsor would yield 16 for a few brief questions and brief responses. 17 ACTING PRESIDENT YOUNG: Senator 18 Balboni, will you yield? 19 SENATOR BALBONI: Madam 20 President, I will yield, but I will not say 21 anything about brief responses. Depends what 22 kind of clever witticisms he throws my way. 23 ACTING PRESIDENT YOUNG: Senator 24 Balboni yields. 25 SENATOR SCHNEIDERMAN: I note

Candyco Transcription Service, Inc.

(518) 371-8910 1 that the Senator is in a very good mood today. 2 If I might ask, though, this piece 3 of legislation, proposed piece of legislation 4 raises an issue that, as you state, it makes 5 people crazy. But I don't think what makes 6 people crazy is civil liability; what makes 7 people crazy is immunizing for-profit 8 companies from civil liability. 9 So my first question to you is 10 this. If a private corporation such as 11 Blackwater or Halliburton or other people who 12 provide services during an emergency had a 13 contract and was being highly paid by the 14 State of New York or a political subdivision 15 for help during an emergency, would this bill 16 immunize them from liability for negligence? 17 SENATOR BALBONI: Madam 18 President, through you. Let's see if I can 19 think of the absolute worst set of characters 20 to put in the question I'll ask you. How 21 about we just call it Devil, Inc., came and 22 tried to provide services? The question I -- 23 SENATOR SCHNEIDERMAN: You're 24 trying to get metaphysical on me. There's so 25 many real companies that get paid a lot of

Candyco Transcription Service, Inc.

(518) 371-8910 1 money -- 2 SENATOR BALBONI: Run by 3 Mephistopheles. 4 See, the point is this -- 5 SENATOR SCHNEIDERMAN: If you 6 want to bring your party into it, that's fine 7 with me. But go ahead. 8 (Laughter.) 9 SENATOR BALBONI: The point of it 10 is this. Does it really matter if it's a 11 for-profit or if it's not-for-profit? Again, 12 Senator Schneiderman, if you took a look at 13 the recent reports that were written about the 14 Katrina response, what you found out was that 15 many of the big corporations were the best in 16 responding. 17 And I think you will agree with me 18 wholeheartedly that when it comes to an 19 emergency, it almost doesn't matter who 20 provides the service as long as it gets 21 provided. 22 Now, you and I can argue that of 23 course there should be better government 24 oversight in terms of the contracts that are 25 given, there should be a better bang for the

Candyco Transcription Service, Inc.

(518) 371-8910 1 buck in terms of who is going to be refunded 2 and given money for responding in the course 3 of an emergency. We can even talk about how 4 many of the funds in national disasters are 5 misspent. 6 But the point is this. How can we 7 possibly have the arrogance to assume that 8 government is the only responder possible, 9 that we cannot engage the private sector at 10 all? And that's really what we're talking 11 about, engaging the private sector. And 12 that's what this bill does. 13 SENATOR SCHNEIDERMAN: Thank you. 14 This is quite an extraordinary 15 rhetorical flourish, where, if you pay the 16 private sector enough, presumably you can get 17 services. But I find that your logic is even 18 a bit more hard to grasp than usual. 19 Did you meet with President Bush 20 this morning? 21 SENATOR BALBONI: Mm-hmm. 22 SENATOR SCHNEIDERMAN: You did. 23 Okay, thank you. On the bill, Madam 24 President -- 25 SENATOR BALBONI: Along with a

Candyco Transcription Service, Inc.

(518) 371-8910 1 whole group of other people, by the way. 2 Representative Gary Ackerman, a lot of good 3 Democrats were there also. 4 SENATOR SCHNEIDERMAN: That's 5 okay. On the bill. 6 ACTING PRESIDENT YOUNG: Senator 7 Schneiderman, on the bill. 8 SENATOR SCHNEIDERMAN: Okay. I 9 knew he was particularly confused. I now 10 understand who he's been talking to and why I 11 had that impression. 12 This is a very bad piece of 13 legislation, for a very simple reason. If -- 14 what it does is says that the government, in a 15 time of crisis, in an emergency, the 16 government contracts with a for-profit 17 company -- or a not-for-profit, but it 18 includes in it for-profits. This is not a 19 bill that is limited to volunteers or Good 20 Samaritans, which is a relatively small number 21 of participants, unfortunately, in these 22 situations. 23 When the government contracts with 24 a private-sector company that may very well be 25 overcharging because of the emergency -- and

Candyco Transcription Service, Inc.

(518) 371-8910 1 we know from the records of Hurricane Katrina 2 that this in fact is the case, that some of 3 these companies come in and charge a lot of 4 money because they know they've got the 5 government in a weak negotiating position -- 6 that those private companies will be relieved 7 from the requirement that in every other area 8 of their business they exercise reasonable 9 care in providing services. 10 SENATOR BALBONI: Madam 11 President, will the gentleman suffer an 12 interruption, a question? 13 SENATOR SCHNEIDERMAN: "Suffer" 14 is certainly the right word. 15 Madam President, I would be glad to 16 take a question from the Deputy Secretary of 17 Homeland Security and Self-Promotion. 18 ACTING PRESIDENT YOUNG: Before 19 we begin -- wait one second. Before you 20 begin, you can't both talk at the same time 21 because the stenographer cannot record the 22 conversation. So I would ask that one speaker 23 at a time, please. 24 SENATOR BALBONI: Madam 25 President, through you. Would the gentleman

Candyco Transcription Service, Inc.

(518) 371-8910 1 be kind enough to point out where in the bill 2 language exists that says in an emergency a 3 contractor is immune from a contract dispute. 4 Thank you, Madam President. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Balboni. 7 SENATOR SCHNEIDERMAN: Madam 8 President, I didn't say that. But it does 9 make it clear in this legislation, because the 10 first sentence is "During a State disaster 11 emergency," and then states that any firm -- 12 and now I'm reading -- "in the performance of 13 a contract related to such emergency with the 14 State or its political subdivisions is exempt 15 from the law of negligence." 16 So I'm not talking a contract 17 dispute, I'm talking about a tort exemption. 18 And I would like to note, ladies and 19 gentlemen, that the -- 20 SENATOR BALBONI: Madam 21 President, would the gentleman suffer another 22 interruption, please. 23 ACTING PRESIDENT YOUNG: Senator 24 Schneiderman, do you yield? 25 SENATOR SCHNEIDERMAN: Yes. And

Candyco Transcription Service, Inc.

(518) 371-8910 1 once again, "suffering" is the proper term. 2 SENATOR BALBONI: Madam 3 President, through you. Would the gentleman 4 then explain why is -- why it is we're talking 5 about government agencies being overcharged by 6 a company providing a contractual service? 7 Thank you, Madam President. 8 SENATOR SCHNEIDERMAN: Ah. Thank 9 you. Thank you. Now that is an excellent 10 question. Thank you. Thank you, Deputy 11 Secretary. 12 The reason that that's relevant is 13 to say that we're not talking about, as you've 14 attempted to characterize it, Good Samaritans 15 or companies coming to the call of the public 16 sector. We're talking about companies that 17 are on a contract in an emergency that could 18 very well -- because we know from Hurricane 19 Katrina there were companies that charged more 20 than their usual rates because they knew the 21 government was in a weak negotiating position. 22 My point is this. You take a 23 company that's on a contract to provide 24 services that's making money. This bill would 25 say in addition to getting the extra money --

Candyco Transcription Service, Inc.

(518) 371-8910 1 or getting your going rate, either way. But 2 we know some companies do overcharge during 3 emergencies -- in addition to the money, 4 you're exempt from liability for negligence. 5 Now, negligence -- again, I want to 6 make this clear to everyone here who's voting 7 on it. We're not saying that these companies 8 would be required to behave perfectly. 9 Mistakes happen. Negligence is defined by 10 Black's Law Dictionary as a failure -- and I'm 11 quoting, "failure to exercise reasonable care 12 towards others or performing actions which a 13 reasonable person would not." 14 So we're saying to these companies, 15 act unreasonably. Act unreasonably. You 16 know, negligently fail to inspect the 17 equipment before you build bridges. They are 18 immunized from the requirements of negligence 19 that apply under the tort law to every other 20 company doing business in this state because 21 they happen to get a contract during an 22 emergency with the State of New York. 23 And that is what this bill would 24 do. And that, ladies and gentlemen, is not 25 what we should be doing. If anything, there

Candyco Transcription Service, Inc.

(518) 371-8910 1 should be a heightened requirement for people 2 during emergencies to provide reasonable 3 care -- again, not perfect care, but 4 reasonable care. That's the law of 5 negligence. It's good law in the state for 6 hundreds of years. It has helped us preserve 7 the relationship between the recipients of 8 services and the companies making lots of 9 money from providing them. 10 My point about the emergencies is 11 that we know during emergencies that there are 12 situations in which the state has very little 13 choice but to engage the private sector. 14 Fine. That's fine. 15 This bill would say, in addition to 16 paying whatever the market will bear -- which 17 is often more than the usual rate -- we're 18 going to immunize these companies and remove 19 the requirement they treat people reasonably. 20 So the poor people who needed help during 21 Hurricane Katrina don't get the reasonable 22 care that the wealthy would get if they employ 23 these companies for their private purposes. 24 And let me use an example. It's 25 not Devil, Inc., it's a real company.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Blackwater, that provides security. It's 2 essentially a sort of a private-army company. 3 And we know during Hurricane Katrina that they 4 charged money for contracts and provided 5 security. We also know that they were 6 employed by lots of big corporations and 7 wealthy people to provide security during 8 emergencies to protect them from the people 9 who were out of their homes. 10 So we're dealing with a situation 11 in which there are a lot of opportunities for 12 people to shave the edges of what they're 13 doing. Why we would remove, during an 14 emergency, the requirement that a company 15 working for the state and getting paid, remove 16 the requirement that that company exercises 17 reasonable care towards others is beyond me. 18 So I will say this. I do -- I 19 mean, all kidding aside, that I very much 20 respect the sponsor's attention to the issue 21 of emergency services and to disaster relief. 22 But removing the requirement that companies 23 with contracts from the state behave 24 reasonably and exercise reasonable care in 25 emergencies is the last thing we should be

Candyco Transcription Service, Inc.

(518) 371-8910 1 doing. If we have to pay them, we pay them. 2 But we shouldn't be providing them an 3 additional immunity. 4 And I'm going to vote no and 5 encourage everyone else to vote no. And if 6 there is a solution to the problem, there are 7 people in remarkable -- and I would suggest 8 this for the Good Samaritans, perhaps, people 9 who do act during an emergency and aren't 10 being paid -- let's provide indemnification. 11 The state can provide that if that's 12 necessary. 13 There's no reason to provide 14 immunization for for-profit companies, which 15 this bill would do. 16 Thank you, Madam President. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator. 19 Senator Balboni. 20 SENATOR BALBONI: Madam 21 President, I'd like to thank the gentleman for 22 his thoughts on this issue, mostly because 23 they highlight a complete and utter lack of 24 understanding about what it is like to respond 25 in a disaster.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I get this frustration from 2 sitting down with a table full of National 3 Guardsmen, Coast Guard, police, fire -- and 4 you know what? They're not so worried about 5 the ability of people to bring lawsuits after 6 a disaster hits. 7 You know, the irony with the 8 argument that we should make sure there's 9 reasonable compensation for people who have 10 been injured through negligence is you assume 11 there's a courthouse left standing. But yet 12 go down to Biloxi, Mississippi, and see what 13 has happened to their society and their 14 structure. 15 Look, we can argue about tort 16 reform and we can argue -- 17 ACTING PRESIDENT YOUNG: Senator 18 DeFrancisco, why do you rise? 19 SENATOR DeFRANCISCO: I wonder if 20 Senator Balboni would yield to a question. 21 SENATOR BALBONI: Yes, I will. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator. 24 SENATOR DeFRANCISCO: Senator 25 Balboni, is there any statistics or any

Candyco Transcription Service, Inc.

(518) 371-8910 1 studies that you've come up with that 2 indicated there's a difficulty in hiring 3 companies to make money during a state of 4 emergency? 5 SENATOR BALBONI: Yes. 6 SENATOR DeFRANCISCO: Can you 7 give me some -- what study was it that you 8 had? 9 SENATOR BALBONI: Sure. Well, 10 the study was not actually formalized in the 11 sense of a true report. What it was was a 12 report through the Conference of Mayors and 13 through the Department of Homeland Security 14 that talked about the inability to get private 15 property owners to lease out their buildings 16 and to do so in a way where they could have 17 immunity from liability using their 18 facilities. And this is a huge problem, 19 actually, in the metropolitan area, so you 20 bring up a great point. 21 And you know what's interesting, 22 Senator DeFrancisco, up in your area, in 23 Syracuse, as you know, we were looking for the 24 fairgrounds to be used as a place for staging. 25 And one of the great concerns, ironically, was

Candyco Transcription Service, Inc.

(518) 371-8910 1 that many of the property owners up there 2 said: You know what, we can't do it. We're 3 concerned about some of the problems of 4 getting the goods in there and some of the 5 circumstances surrounding the liability. 6 And you know, Senator, this has 7 become a huge issue nationally, but it has 8 shown its head here when it comes to the 9 simple thing of protecting for a pandemic, an 10 avian flu. Because what you have here is the 11 many private hospitals who are trying to set 12 up distribution centers outside their 13 hospitals and they can't find the places to do 14 it. 15 As a matter of fact, I would 16 recommend that you talk to guys like Mike 17 Dowling, who heads up the North Shore-Long 18 Island Jewish Health Center, and his 19 difficulty in trying to set up these types of 20 situations outside of the hospital setting and 21 to get private owners. And in addition to 22 which, you could call Dr. Robert Scott of 23 Adelphi University and ask him. 24 So the difficulty is I know, 25 Senator, that you would like, being the

Candyco Transcription Service, Inc.

(518) 371-8910 1 attorney that you are, the good attorney that 2 you are, facts and figures on this. But a lot 3 of this is anecdotal. And the funny thing is 4 when people are not willing to present their 5 building for use during an emergency, there's 6 a lot of factors that could go into it. But 7 the thing that they tell me, the thing that 8 they tell the people who run the emergency 9 management centers is that they're nervous 10 about liability. And that's why we put this 11 bill in. 12 SENATOR DeFRANCISCO: Would the 13 Senator yield to another question. 14 ACTING PRESIDENT YOUNG: Senator 15 Balboni, do you yield? 16 SENATOR BALBONI: Yes, I would. 17 ACTING PRESIDENT YOUNG: He 18 yields. 19 SENATOR DeFRANCISCO: Were you 20 are aware that the state fairgrounds is a 21 governmental -- 22 SENATOR BALBONI: Yes, as a 23 matter of fact -- 24 SENATOR DeFRANCISCO: -- a 25 governmental -- excuse me --

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BALBONI: Madam 2 President, I knew he was going to say that, 3 and many of the vendors -- 4 ACTING PRESIDENT YOUNG: Senator 5 Balboni -- Senator Balboni, would you let 6 Senator DeFrancisco ask the question, please. 7 SENATOR BALBONI: Sure. 8 SENATOR DeFRANCISCO: Senator, 9 did you know that the state fairgrounds is a 10 governmentally owned facility that will not be 11 affected in any way, shape or form by this 12 bill? 13 SENATOR BALBONI: Madam 14 President, through you, I think that you're 15 wrong. I think that the vendors who would 16 service that state fairground would in fact be 17 affected by this. And as a matter of fact, 18 this is exactly the reason why I did this 19 bill. 20 ACTING PRESIDENT YOUNG: Senator 21 DeFrancisco. 22 SENATOR DeFRANCISCO: I'll wait 23 to speak on the bill because -- I've got more 24 to say. I'll wait to speak on the bill 25 because I'd prefer really to get a succinct

Candyco Transcription Service, Inc.

(518) 371-8910 1 answer to a question that's consistent with 2 the last answer. So maybe I'll try one other 3 question. 4 ACTING PRESIDENT YOUNG: Senator 5 Balboni, do you yield? 6 SENATOR BALBONI: Yes. 7 SENATOR DeFRANCISCO: If I'm not 8 mistaken, your argument was that the only 9 information you have is about people who own 10 buildings that are unable to -- unwilling to 11 provide those buildings during a state of 12 emergency concerning liability. And that's 13 their concern. 14 And the point of my question with 15 respect to the state fairgrounds is that is a 16 property owner, a governmental owner, and that 17 it's not a vendor. And so I'm trying to 18 figure out how we jump -- and I guess maybe 19 you can explain it -- how we jump from the 20 basis for showing that this is a real problem 21 re property owners to now talking about 22 vendors at the state fair. 23 SENATOR BALBONI: Madam 24 President, through you. Are you ready? 25 ACTING PRESIDENT YOUNG: Yes.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BALBONI: The gentleman 2 is confused, and I know why he's confused. 3 Because in response to his question as to 4 whether or not there was an actual report, the 5 report related to property owners. As it 6 relates to the terms and conditions of this 7 bill, this bill would affect vendors who 8 actually supply services to places like the 9 fairgrounds. So there were two aspects of the 10 answer. 11 SENATOR DeFRANCISCO: One more 12 question. 13 ACTING PRESIDENT YOUNG: Senator 14 Balboni, do you yield? 15 SENATOR BALBONI: Yes, I do. 16 ACTING PRESIDENT YOUNG: He 17 yields. 18 SENATOR DeFRANCISCO: Senator 19 Balboni, may I have a copy of that report that 20 you just referred to that's in existence? 21 SENATOR BALBONI: Madam 22 President, through you. 23 ACTING PRESIDENT YOUNG: Senator 24 Balboni. 25 SENATOR BALBONI: I believe if

Candyco Transcription Service, Inc.

(518) 371-8910 1 you read back the transcript you'll see, 2 Senator, that I mentioned it was not so much a 3 formal report as it was mostly anecdotal 4 information. 5 SENATOR DeFRANCISCO: Another 6 question, please, if he will yield. 7 ACTING PRESIDENT YOUNG: Senator 8 DeFrancisco. 9 SENATOR DeFRANCISCO: So you are 10 equating, in your argument, report with 11 anecdotal information? 12 SENATOR BALBONI: That's correct. 13 SENATOR DeFRANCISCO: All right. 14 One other question, if you will. 15 ACTING PRESIDENT YOUNG: Senator 16 Balboni, will you yield? 17 SENATOR BALBONI: Yes, I do 18 yield. 19 SENATOR DeFRANCISCO: Senator 20 Balboni, with respect to this issue of 21 liability, I guess my question is if there is 22 no report or no hard information other than 23 anecdotal information upon which it's 24 difficult to get private companies to act in 25 emergencies, and given the fact that there are

Candyco Transcription Service, Inc.

(518) 371-8910 1 companies that do act in emergencies and in 2 many, many instances get a premium because of 3 the emergency, why the people that they're 4 dealing with should not have protection 5 against simple negligence. 6 SENATOR BALBONI: I'm sorry, what 7 was your question? 8 SENATOR DeFRANCISCO: My question 9 was, given the fact that there's no hard 10 evidence, just anecdotal information, and 11 given the fact that it's widely known that 12 private companies get premiums during the 13 states of emergency, why private citizens 14 should not be protected against negligence 15 during these terrible times of national 16 emergencies. 17 ACTING PRESIDENT YOUNG: Senator 18 Balboni. 19 SENATOR BALBONI: Madam 20 President, through you. The gentleman's 21 question presumes a number of different 22 things. 23 Number one, that anecdotal evidence 24 is unworthy of consideration. I would ask the 25 gentleman -- and I know he has, he just is

Candyco Transcription Service, Inc.

(518) 371-8910 1 taking this particular point -- to talk to his 2 fire chiefs, talk to his emergency managers in 3 his neck of the woods, and come down and talk 4 to mine. I'd be happy to host you. And you 5 can meet a lot of the wonderful volunteers who 6 try to set up these programs. In fact, the 7 Nassau County Department of Health has done a 8 pretty good job, and they have information on 9 this. 10 And, secondly, the wild 11 overcharging. I realize that there were 12 difficulties in some of the emergency 13 responses nationally, but the point -- I 14 thinks that the gentleman is missing the point 15 of the bill. I know we're focused on civil 16 liability, and we know how important civil 17 liability is. But in an emergency, all things 18 are suspended. That's kind of the point. 19 I know that the gentleman would 20 hate to have martial law ever imposed. I 21 would hate to mention that sometimes martial 22 law is necessary. And during martial law, 23 there are suspension of many of the rights of 24 our society. And that's what this bill does. 25 It talks about emergencies only.

Candyco Transcription Service, Inc.

(518) 371-8910 1 To apply the normal, tired tort 2 reform issue to emergencies is really not 3 appropriate in this matter, particularly -- 4 you know, we have been lucky. Madam 5 President, we are so lucky in this state. 6 Besides 9/11, we have never really had this 7 disaster affect us on a statewide basis. 8 ACTING PRESIDENT YOUNG: Senator 9 DeFrancisco, why do you rise? 10 SENATOR DeFRANCISCO: Would the 11 Senator yield to another question. 12 ACTING PRESIDENT YOUNG: Senator 13 Balboni, will you yield? 14 SENATOR BALBONI: Yes, I do, 15 Madam President. 16 ACTING PRESIDENT YOUNG: The 17 Senator yields. 18 SENATOR DeFRANCISCO: Senator, 19 being so involved in this issue as you are, 20 you've heard of reports where there's been 21 allegations of fraud against many companies 22 who have purchased extravagant items for 23 themselves that should have gone to the 24 victims of a national disaster. Have you 25 heard of those?

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BALBONI: Madam 2 President, through you, I've heard of those. 3 I have also heard of the White 4 House report, which I have on my desk -- I'll 5 give it to you, you can read it, it's about 6 275 pages -- wherein the federal government 7 actually talks about the private sector as 8 being in a better position to provide services 9 than the federal government. 10 And that's, again, the purpose of 11 the bill. 12 ACTING PRESIDENT YOUNG: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: May I ask 15 another question. 16 ACTING PRESIDENT YOUNG: Will you 17 yield, Senator Balboni? 18 SENATOR BALBONI: Yes. 19 SENATOR DeFRANCISCO: If it turns 20 out that any of these allegations are correct, 21 where money was being misused by private 22 companies, and they are either sued for 23 misappropriating government funds or they are 24 prosecuted for fraud, under your bill, would 25 those companies be immune from liability if

Candyco Transcription Service, Inc.

(518) 371-8910 1 during the course of their activities they 2 killed someone by being negligent? 3 SENATOR BALBONI: Madam 4 President, through you. 5 ACTING PRESIDENT YOUNG: Senator 6 Balboni. 7 SENATOR BALBONI: I believe the 8 gentleman is mixing apples and oranges. The 9 bill talks about immunity from negligence. 10 Last I checked, most contractual relationships 11 are governed by the law of contract. 12 Now, if you happen to kill somebody 13 in the middle of negotiating a contract, I -- 14 you know -- 15 SENATOR DeFRANCISCO: May I ask 16 another question, please. 17 ACTING PRESIDENT YOUNG: Senator 18 Balboni, do you yield? 19 SENATOR BALBONI: Yes, I do, 20 Madam President. 21 ACTING PRESIDENT YOUNG: The 22 Senator yields. 23 SENATOR DeFRANCISCO: Let me try 24 the question again, because you obviously 25 didn't understand it.

Candyco Transcription Service, Inc.

(518) 371-8910 1 A company has a contract for 2 providing services during Katrina. It's 3 proven that they fraudulently used that money 4 for something else. And they're prosecuted or 5 they're asked to give the money away, and they 6 breach their contract. 7 While doing their contract, in the 8 course of doing their work, separate incident, 9 they hurt somebody or kill somebody while 10 doing their job. 11 Under your bill, irrespective of 12 their other bad activities, would those 13 companies be immune from liability for the 14 negligence in hurting or killing somebody? 15 SENATOR BALBONI: Madam 16 President, through you. 17 ACTING PRESIDENT YOUNG: Senator 18 Balboni. 19 SENATOR BALBONI: The bill sets 20 up several requirements under the direction of 21 the state or its political subdivisions. That 22 is one of the requirements. 23 It could be argued that if a 24 company that was contracting with a local 25 government completely abandoned the contract

Candyco Transcription Service, Inc.

(518) 371-8910 1 and were not providing the services, as was 2 with your hypothetical, that in fact they 3 would fall outside the scope of this, for both 4 the contract, which it would automatically -- 5 I mean this bill would not affect at all, and 6 for their negligence. 7 Madam President, on the bill. May 8 I continue? 9 SENATOR DeFRANCISCO: Yes. Yes. 10 ACTING PRESIDENT YOUNG: Senator 11 Balboni, on the bill. 12 SENATOR BALBONI: Let me just end 13 with this. This issue is reaching a crisis in 14 other parts of the nation. And I would argue 15 with anybody here in this chamber, if you're 16 really interested in this and don't just want 17 to make this a political football, go and talk 18 to the survivors of Katrina, go and talk to 19 the folks not just in New Orleans, but go and 20 talk to them in Biloxi, Mississippi, and go 21 and talk to them about the civil 22 infrastructure and what they needed and what 23 they didn't have. 24 This is a very commonsense 25 approach. And I hope that we'll suspend our

Candyco Transcription Service, Inc.

(518) 371-8910 1 usual prayer at the altar of tort liability 2 for the recognition that in an emergency, it's 3 all hands on deck. 4 Thank you, Madam President. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Balboni. 7 Senator DeFrancisco. 8 SENATOR DeFRANCISCO: On the 9 bill. 10 ACTING PRESIDENT YOUNG: On the 11 bill. 12 SENATOR DeFRANCISCO: You know, I 13 just cannot understand for the life of me this 14 feeling that tort liability and protecting 15 citizens from the negligence of others is some 16 un-American or some type of activity that 17 should be treated with disgust. 18 People get hurt every day of the 19 week. Somehow they've got to be compensated. 20 If the person responsible for the negligence 21 which caused injury or death is not the one to 22 provide the compensation, then somebody else 23 has to. Because those people have injuries, 24 they have medical expenses, they have families 25 that they have to support.

Candyco Transcription Service, Inc.

(518) 371-8910 1 So the concept of a private right 2 of action is as American as any other law or 3 any other field of the law that we have. And 4 it's a simple responsibility. Just like we 5 talked about the death penalty, many of the 6 same people who may be for this bill get on 7 the floor and say, you know, an eye for an eye 8 or teeth for a tooth and we've got to deter 9 these type of people. 10 Well, how is it any different 11 trying to deter bad behavior that results in 12 injury through negligence than it is to deter 13 somebody from committing a violent act? It's 14 the same concept. There's certain civilized 15 activities, certain activities people should 16 be held responsible for. 17 Now, with that said, you know, this 18 is not at the altar of any civil liability or 19 altar of whatever was just said. This is a 20 basic principle that I think is a very, very 21 good principle. Rather than government taking 22 care of every evil in society, have the 23 responsible person do it from time to time. 24 Now, what makes this bill 25 particularly bad as far as I'm concerned is

Candyco Transcription Service, Inc.

(518) 371-8910 1 that these individuals who are privately 2 contracting with the government to do work 3 during states of emergency generally, at least 4 what I hear and what I understand, is they get 5 a premium for their activities. And their 6 activities are in a very bad situation during 7 a case of a national emergency or an emergency 8 of some type. And it seems to me that people 9 who are injured in the course of their 10 activities, especially from groups that are 11 getting premiums for providing their services, 12 should have the same protection as any other 13 citizens during any other time. 14 And in the event that someone 15 cannot find those individuals to perform the 16 work, it seems to me -- I think that it's 17 unlikely, but if it is, then pay a higher 18 premium. But don't let them just do their 19 work that could result in injury without 20 consequences to other people. 21 In addition, despite the 22 interpretation of the bill by the sponsor, I 23 firmly believe that the situation where 24 someone does commit fraud, does not provide 25 the emergency assistance to who they're

Candyco Transcription Service, Inc.

(518) 371-8910 1 supposed to provide it to and is even 2 prosecuted for that, under this bill they're 3 immune from liability if in the course of 4 performing their fraud and performing their 5 work they're in a situation where they hurt or 6 kill somebody. 7 Now, I think that's wrong. And I 8 think this is something that it may sound good 9 if you -- if it's a rhetorical discussion, but 10 on the other hand it's taking away some basic 11 principles of our society. And I feel very 12 strongly that this bill should be voted down 13 for the reasons stated. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator DeFrancisco. 16 Senator Diaz. 17 SENATOR DIAZ: Thank you, Madam 18 President. Would the sponsor yield for a 19 question, please. 20 ACTING PRESIDENT YOUNG: Senator 21 Balboni, do you yield? 22 SENATOR BALBONI: Oh, all right. 23 (Laughter.) 24 SENATOR DIAZ: Senator Balboni, 25 before I ask you a question, I have to say I

Candyco Transcription Service, Inc.

(518) 371-8910 1 appreciate your effort and your leadership in 2 the committee, the Homeland Security 3 Committee, which I am a member of, and for all 4 the time that you have come to my district. 5 SENATOR BALBONI: Thank you very 6 much. 7 SENATOR DIAZ: And in the future 8 you are coming to my district, so I appreciate 9 that. 10 I just wanted to clarify something 11 from you. When I read the bill it said it 12 does not apply to cases involving gross 13 negligence or willful misconduct, nor from 14 damages, injuries or death sustained due to 15 the operation of a motor vehicle. 16 In the letter of opposition from 17 the trial lawyers, it says under this bill 18 they will not be liable for injury or death 19 that might result from their negligence. 20 We know that there is a difference 21 between negligence and gross negligence. Will 22 you please, for the record, tell me what is 23 the difference between negligence and gross 24 negligence? 25 SENATOR BALBONI: Madam

Candyco Transcription Service, Inc.

(518) 371-8910 1 President, through yourself, I probably should 2 go to Black's Law Dictionary. And maybe 3 Senator DeFrancisco, the law professor, could 4 expound on this. 5 But essentially, simple negligence 6 is where someone breaches a common duty in 7 society. Essentially, that's the broadest 8 discussion of it. 9 Gross negligence is something that 10 is akin to -- it has an element of 11 recklessness or almost criminality. In other 12 words, it gets to be so bad -- and when it 13 talks about willful, that means you meant to 14 do it, you meant to hurt the other individual, 15 you meant to commit the act. It's not so much 16 intentional, but it's done in a way that 17 involves negligence but is a much higher 18 standard of disregard to your common people or 19 to the situations in which you are operating. 20 SENATOR DIAZ: Madam President, 21 would the sponsor yield for another question. 22 ACTING PRESIDENT YOUNG: Senator 23 Balboni, do you yield? 24 SENATOR BALBONI: Yes, I do. 25 ACTING PRESIDENT YOUNG: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you. 2 Senator Diaz. 3 SENATOR DIAZ: Senator Balboni, 4 you might not want to answer this one, but I'm 5 going to ask it anyway. 6 Why do you think that the trial 7 lawyers are opposing this bill? 8 SENATOR BALBONI: Madam 9 President, through you, I believe that the 10 trial lawyers are concerned with the 11 preservation of the right to sue under any 12 circumstances. 13 ACTING PRESIDENT YOUNG: Senator 14 Diaz. 15 SENATOR DIAZ: Through you, Madam 16 President, will the sponsor yield. 17 ACTING PRESIDENT YOUNG: Senator 18 Balboni, will you yield? 19 SENATOR BALBONI: Yes, I do. 20 ACTING PRESIDENT YOUNG: The 21 Senator yields. 22 SENATOR DIAZ: Can you give me 23 any scenario or an example where we have an 24 amazing disaster and somebody commits 25 negligence in their duties?

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BALBONI: Sure. Madam 2 President, through you. 3 ACTING PRESIDENT YOUNG: Senator 4 Balboni. 5 SENATOR BALBONI: We have an 6 emergency, a Class 3 hurricane is coming to 7 Manhattan, and the owner of private warehouse 8 that actually happens to be up in the heights, 9 people approach him, the government comes to 10 him and says, Open your doors, we need to get 11 people out of the low-lying areas, we don't 12 have enough capacity in downtown, so put them 13 in your building. 14 As they go in through the building, 15 the floor is very old and is a parquet and is 16 wet, and is actually -- there's no -- there's 17 no care on the part of the property owner to 18 put down a sign that says: Be careful, floor 19 is wet. Or the stairway has not been kept in 20 repair and therefore it's crumbling in some 21 sections, and someone, in their rush to go up, 22 they fall and they get injured. 23 Now, those are examples of what 24 could result from negligence in an emergency, 25 the failure to properly notify someone of a

Candyco Transcription Service, Inc.

(518) 371-8910 1 hazardous condition on your property or have a 2 piece of the infrastructure that could lead 3 somebody to sustain an injury. 4 SENATOR DIAZ: Thank you. 5 On the bill, Madam President. 6 ACTING PRESIDENT YOUNG: Senator 7 Diaz, on the bill. 8 SENATOR DIAZ: I was listening to 9 Senator DeFrancisco when he was talking, and 10 he said something referring to tort reform. 11 And one of his comments, if I recall, he said 12 that why do we want to prevent people from 13 suing for collecting damages from people that 14 commit negligence. 15 Tort reform and suing, a few weeks 16 ago there was a bill here where, in the name 17 of protecting the people, it was intended to 18 give the authority to a perpetrator, to a 19 criminal who goes into someone's apartment to 20 rob or to steal and in that process, if the 21 owner of the apartment hurts the perpetrator 22 that went into that apartment, into that 23 house, the bill was intended to give 24 authority, to give power to the criminal to 25 sue the owner of the house.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I don't think that that is 2 something that we could say is on behalf of 3 the consumer. On the contrary, that is 4 something that is on behalf of the criminals 5 and not the victims. And we are here always, 6 supposedly, to protect the victims, not the 7 criminals. 8 There was another incident where, 9 in the name of protecting people, we intend to 10 give the authority to sue the makers of the 11 cars, in cases where somebody needs a car and 12 in that process hurts someone, the driver 13 hurts someone, that the owner of the company 14 that makes the car be also liable for the 15 incident that occur where the car was leased 16 by someone else. 17 What that has done is that right 18 now in the Bronx, in my neighborhood, people 19 cannot lease cars. People cannot afford to 20 lease a car because companies already pull 21 away from leasing cars. And consumers, the 22 people are paying a lot more now to lease a 23 car and to have that luxury of leasing a car 24 because we are trying to protect, according to 25 the tort laws, to protect people.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I believe that the explanation that 2 Senator Balboni just gave me on the gross 3 negligence and simple negligence is fair 4 enough. And I think that this bill, this bill 5 really caused that those people that commit 6 gross negligence and willful misconduct, in 7 the process of that, they could be sued. But 8 somebody in the process of helping someone 9 else, without knowledge, without planning 10 commit a negligence, I don't think that person 11 should be sued, especially when it is a state 12 emergency or disaster. 13 So I think that I'm voting for this 14 bill. And I congratulate Senator Balboni for 15 always looking out for the small guys. 16 Thank you, Senator Balboni. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Diaz. 19 Senator Connor. 20 SENATOR CONNOR: Thank you, Madam 21 President. 22 You know, looking out for the small 23 guys, that's -- that, Madam President, is 24 exactly the great democratization that took 25 place in the common law. Because, you know,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator DeFrancisco talked about it, the right 2 to recover for negligence. In terms of what 3 it is, it's a way to apportion risk, if you 4 will, damages, and have it fall on the person 5 whose lack of care caused the injury 6 initially, rather than on society as a whole. 7 Of course there is insurance. That's why they 8 got insurance, to spread is that risk. 9 But as American as apple pie? I'm 10 afraid it's as English as fish and chips. It 11 goes back in the common law. 12 And the right to recover for 13 negligence was an important right, but it 14 didn't mean very much for the little guy. It 15 meant nothing for the little guy. When the 16 Duke of Marlborough's carriage ran over some 17 poor workman in the street, it meant nothing. 18 Now, if he ran over the Earl of Norfolk, it 19 meant something. The Earl of Norfolk could 20 sue. The poor working man in the street, he 21 couldn't sue. Where is he going to get a 22 barrister? Where is he going to get a lawyer 23 to plead his case? How's he going to pay 24 court fees and have access to the courts? 25 The fact is the much-maligned trial

Candyco Transcription Service, Inc.

(518) 371-8910 1 bar, going back to common-law days when they 2 seized upon the concept of a contingent fee -- 3 which I know the press likes to, in a big 4 case, they go, Oh, and the lawyer walks away 5 with a third. They never write a story where 6 the recovery was nothing, the lawyer had 7 advanced hundreds of thousands of dollars in 8 costs for expert witnesses and so on and he 9 gets nothing, loses money. 10 The fact is the contingent fee is 11 for the little guy. It's for working men and 12 women who can't afford lawyers. So when 13 somebody who's fortunate enough to afford a 14 carriage or a motor car or whatever injures 15 them, or when someone who owns a business 16 injures them, they do have recourse. They 17 don't simply have to go away and have their 18 family bear the burden of such an injury, a 19 debilitating injury. 20 Now, in the case we're talking 21 about here, Madam President, the case of 22 people -- 23 ACTING PRESIDENT YOUNG: Senator 24 Diaz, why do you rise? 25 SENATOR DIAZ: Would Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Connor yield for a question. 2 ACTING PRESIDENT YOUNG: Senator 3 Connor, do you yield? 4 SENATOR CONNOR: Certainly, Madam 5 President. 6 ACTING PRESIDENT YOUNG: The 7 Senator yields. 8 SENATOR DIAZ: Senator Connor, 9 when a little guy hires a trial lawyer to sue 10 to get some money, what is the fee for the 11 trial lawyers? 12 SENATOR CONNOR: If the trial 13 lawyer doesn't recover anything for the little 14 guy, the fee is zero and the trial lawyer pays 15 all the expenses. 16 If the trial lawyer recovers, he 17 gets a percentage of the fee. It's on a 18 sliding scale. For smaller cases, it's 19 one-third of the recovery. 20 SENATOR DIAZ: One-third. 21 SENATOR CONNOR: That's correct. 22 SENATOR DIAZ: Through you, Madam 23 President, will Senator Connor yield. 24 ACTING PRESIDENT YOUNG: Senator 25 Connor, do you continue to yield?

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR CONNOR: Certainly, Madam 2 President. 3 ACTING PRESIDENT YOUNG: The 4 Senator yields. 5 SENATOR DIAZ: So isn't it true, 6 isn't that true that if somebody sues -- if I 7 got hurt and I get a trial lawyer and I sue 8 for $100,000, the trial lawyer, no matter 9 what, would get a third of that? That would 10 be $33,000. 11 SENATOR CONNOR: Well, no. No. 12 In answer to the question, Madam President, if 13 the client recovers $100,000, the trial lawyer 14 gets a third of that. 15 If the client recovers nothing, the 16 trial lawyer actually loses thousands of 17 dollars that he's advanced to process the case 18 and gets nothing. 19 And, Madam President, I'd go 20 further in answering this question and say if 21 the little guy doesn't hire a trial lawyer and 22 sue, he also gets nothing. 23 SENATOR DIAZ: Through you, Madam 24 President, will Senator Connor still yield. 25 ACTING PRESIDENT YOUNG: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Connor, do you yield? 2 SENATOR CONNOR: Certainly, Madam 3 President. 4 ACTING PRESIDENT YOUNG: The 5 Senator yields. 6 SENATOR DIAZ: So out of that 7 $100,000, the small guy has to pay all the 8 bills for the doctors, the technicians, any 9 expenses, but the trial lawyer will always get 10 his one-third, no matter that all those 11 expenses will be paid out of the money from 12 the client. 13 SENATOR CONNOR: No. The trial 14 lawyer pays the expenses of trial. He pays 15 expert witnesses, he pays for expert medical 16 witnesses, he pays for the cost of 17 transcripts. He pays for that whether he wins 18 or loses. 19 He gets the third if he wins. 20 SENATOR DIAZ: And through you, 21 Madam President. 22 ACTING PRESIDENT YOUNG: Senator 23 Connor, do you yield? 24 SENATOR CONNOR: And the victim 25 -- yes.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR DIAZ: And the victim 2 will have to cover, out of the two-thirds that 3 the victim gets, has to pay all the medical 4 bills and all the other expenses. Sometimes 5 that victim ends up with zero or with maybe 15 6 or -- 7 ACTING PRESIDENT YOUNG: Senator 8 Diaz, could I ask you to address your comments 9 to the chair, please. 10 SENATOR DIAZ: I'm asking him a 11 question. 12 ACTING PRESIDENT YOUNG: To the 13 chair. 14 SENATOR DIAZ: But I thought I 15 had the floor. 16 SENATOR CONNOR: Madam President, 17 I have the floor. I've yielded for a 18 question. 19 SENATOR DIAZ: So I'm saying that 20 after the $100,000 is issued, the trial lawyer 21 will get a third of that, the victim has to 22 pay all the rest of the bill, and isn't that 23 true that sometimes the victim might end up 24 with only $20,000? 25 SENATOR CONNOR: Madam President,

Candyco Transcription Service, Inc.

(518) 371-8910 1 it's possible. 2 But I would point out that the 3 victim is not being rewarded for getting 4 injured. The victim is not supposed to come 5 away rich or richer than he was. The victim 6 is being compensated for the medical costs, 7 pain and suffering, and other things that he 8 suffered. 9 So the fact that that compensation 10 may go to pay his medical bills, Madam 11 President, is precisely what it's designed to 12 do. 13 ACTING PRESIDENT YOUNG: Senator 14 Diaz. 15 SENATOR DIAZ: Another question, 16 through you. 17 ACTING PRESIDENT YOUNG: Senator 18 Connor, do you yield? 19 SENATOR CONNOR: Yes, I do, Madam 20 President. 21 ACTING PRESIDENT YOUNG: Senator 22 Diaz, could you address the question to me. 23 SENATOR DIAZ: Okay. My last 24 one. Ain't that true that it would be to the 25 advantage of the trial lawyers to be able to

Candyco Transcription Service, Inc.

(518) 371-8910 1 always sue, because they will always get a 2 third no matter what if they collect some 3 money? So it will be -- ain't that true that 4 it would be to the advantage of the trial 5 lawyers to just sue, sue, sue, sue, sue and 6 nothing but sue? 7 ACTING PRESIDENT YOUNG: Senator 8 Connor. 9 SENATOR CONNOR: Madam President, 10 as I understand the question, let me say the 11 answer is no. 12 Unfortunately, unfortunately this 13 Legislature a number of years ago adopted a 14 provision that I think actually acts in 15 derogation of the lawyer's obligation to the 16 client. And that is when they said you could 17 no longer get a third of whatever is recovered 18 but had a sliding scale. So the more that's 19 recovered, the smaller the percentage of the 20 fee that goes to the lawyer. 21 Now, a lot of lawyers feel that 22 this could be impugning their professional 23 responsibilities, because there suddenly 24 becomes a disincentive for the lawyer to get 25 as much as he possibly can for his client,

Candyco Transcription Service, Inc.

(518) 371-8910 1 whereas, whereas a straight percentage compels 2 the lawyer. 3 So the question is won't the lawyer 4 oversue. Well, if the lawyer oversues and 5 gets nothing, the lawyer gets nothing. If he 6 oversues and gets a lot more money, the client 7 gets a lot more money. 8 But the fact that the client has to 9 pay the medical bills makes sense. The client 10 is being compensated for the injuries. It's 11 not the same, Madam President, as winning the 12 lottery. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator. 15 Senator Diaz. 16 SENATOR DIAZ: Would Senator 17 Connor yield. 18 ACTING PRESIDENT YOUNG: Senator 19 Connor, will you yield? 20 SENATOR CONNOR: Certainly, Madam 21 President. 22 ACTING PRESIDENT YOUNG: The 23 Senator yields. 24 SENATOR DIAZ: Isn't that true 25 that before a trial lawyer gets involved in a

Candyco Transcription Service, Inc.

(518) 371-8910 1 case he checks the case back and forth and is 2 about 90 percent sure that he will collect 3 money before getting the case? 4 SENATOR CONNOR: Madam President, 5 that just depends on the lawyer. Of course, 6 the lawyer is obligated professionally to make 7 a due diligence assessment of the case because 8 you're not supposed to bring frivolous cases. 9 And obviously before the lawyer invests a lot 10 of money in the expenses of the trial, he's 11 going to do that. 12 But as I was saying, Madam 13 President, with respect to this bill the fact 14 that someone is responding in an emergency 15 ought not provide total immunity to the 16 consequences of the responder's negligence. 17 You know, I could see a reason -- 18 we'll use Senator Balboni's example. I've got 19 a warehouse, I know the floors are rotten and 20 creaky. I know -- I've been told, I've been 21 told by inspectors: Don't put too much weight 22 on these floors. You know, no forklift trucks 23 in this warehouse. You've got really weak 24 floor and the bearing load -- and the 25 stairway, don't use the stairway because the

Candyco Transcription Service, Inc.

(518) 371-8910 1 stairs are defective. 2 And lo and behold, the authorities 3 come to me and say, It's a great emergency, we 4 want to open your warehouse to all these 5 people. Your business has kind of taken a 6 downturn. TV cameras are there, they're going 7 to take a picture with the facade of your 8 building with the big sign of your company up 9 there. Everybody is going to think you did 10 good. 11 So you think, I'm going to take the 12 chance, because I'm going to help these people 13 and I'm going to get all the goodwill. The 14 goodwill that I'm going to get when it's 15 publicized that, you know, Martin Connor's 16 warehouse took in 3,000 refugees of the 17 hurricane. 18 And lo and behold, they all get in 19 my warehouse and the floor collapses. Madam 20 President, can anyone seriously think -- and 21 the ones who don't fall through the floor use 22 that staircase that Senator Balboni described, 23 with the defective steps. And I knew they 24 were bad, too; I was kind of hoping I'd just 25 get away with it for a couple of days and get

Candyco Transcription Service, Inc.

(518) 371-8910 1 all that good publicity. 2 Can anyone suggest I should be 3 immune from the consequences of my negligence? 4 I think not, Madam President. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Connor. 7 Any other Senator wishing to be 8 heard? 9 The debate is closed. 10 The Secretary will ring the bell. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Senator 18 Diaz, to explain your vote. 19 SENATOR DIAZ: Thank you, Madam 20 President. 21 We're talking about suing and 22 protecting the little guy. Most of the little 23 guys in my district, when they get hurt and 24 they have to pay a trial lawyer to help them, 25 most of -- there are two scenarios here.

Candyco Transcription Service, Inc.

(518) 371-8910 1 One is that the person, the little 2 guy sometimes receives Medicaid, Medicare or 3 is on welfare. After they get sued -- and the 4 lawyer always will get, he or she, her 5 third -- and then pays all the bills, whatever 6 the little guy gets, they never get it. They 7 have to go back to Medicaid, have to go back 8 to Medicare, have to go back to welfare. They 9 never get anything. The lawyer will always 10 get the money. 11 The second scenario, the second 12 scenario is I have a lady in my church who 13 broke her leg. I'm a pastor. She breaks her 14 leg, she hires a lawyer, they sue. That 15 lawyer sent her to a doctor, that doctor sent 16 her to another doctor for therapy, for 17 follow-up, for treatment, for whatever. When 18 she got a hundred thousand dollars, the lawyer 19 got his third, the lady had to pay everybody 20 else and she ends up with $15,000. Everybody 21 had their money. This is a business, good for 22 trial lawyers. 23 ACTING PRESIDENT YOUNG: Can we 24 have some order, please. 25 SENATOR DIAZ: So I'm voting

Candyco Transcription Service, Inc.

(518) 371-8910 1 no -- I'm voting yes. I'm voting yes. I'm 2 voting yes. 3 ACTING PRESIDENT YOUNG: Senator 4 Diaz will be recorded in the affirmative. 5 Senator Krueger, to explain her 6 vote. 7 SENATOR LIZ KRUEGER: Thank you, 8 Madam President. 9 Well, I listened to the debate. 10 And if you listened to part of the argument, 11 you would think we were arguing a Good 12 Samaritan bill where we were talking about 13 people who were volunteering their services in 14 an emergency. 15 And if it had been a Good Samaritan 16 bill for volunteers, I could have bought into 17 some of the arguments that Senator Balboni 18 made about wanting to make exceptions to 19 standard civil torts protections. 20 But in fact, this bill is about 21 contractors. This bill is about people who 22 are making money for the business services 23 they are providing, even in terms of in an 24 emergency situation. And there was a 25 reference to, in fact, New Orleans in the

Candyco Transcription Service, Inc.

(518) 371-8910 1 discussion. And one of the things we know now 2 from New Orleans is that while many companies 3 went in there to try to provide good services, 4 several of them were in fact exploiting the 5 situation, were even, you might argue, 6 speculating on the situation of an expectation 7 of government funds for services they really 8 weren't prepared to be able to provide, and in 9 fact in some circumstances may in fact have 10 risked harm to the people they were supposedly 11 serving. 12 So I will be voting no on this 13 bill, because I think it is fundamental to 14 ensure that if in fact you are harmed in this 15 society that all of us, every one of us, have 16 equal rights and protections under the law. 17 And again, while the debate, if you 18 were not listening thoroughly, might lead you 19 to believe that this was an issue for 20 volunteer services, that is not the issue 21 under debate here. 22 I'll be voting no. Thank you, 23 Madam President. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator Krueger. You will be recorded in

Candyco Transcription Service, Inc.

(518) 371-8910 1 the negative. 2 The Secretary will announce the 3 results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 469 are 6 Senators Bonacic, Connor, Coppola, 7 DeFrancisco, Dilan, Duane, Gonzalez, 8 Hassell-Thompson, Klein, L. Krueger, Little, 9 Maziarz, Onorato, Oppenheimer, Parker, 10 Paterson, Sabini, Sampson, Savino, 11 Schneiderman, Serrano, A. Smith, Stachowski, 12 Stavisky and Valesky. Also Senators Breslin 13 and Montgomery. 14 Ayes, 33. Nays, 27. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 888, by Senator Golden, Senate Print 1823A, an 20 act to amend the Penal Law. 21 SENATOR SCHNEIDERMAN: 22 Explanation. 23 ACTING PRESIDENT YOUNG: Senator 24 Golden, an explanation has been requested. 25 SENATOR GOLDEN: Thank you, Madam

Candyco Transcription Service, Inc.

(518) 371-8910 1 President. 2 Public access -- this is public 3 access to government documents. It is an 4 important aspect of a free society that we all 5 hold so dear. However, at times this freedom 6 is abused and information contained in public 7 records is used for a criminal purpose. 8 This bill amends the Penal Law to 9 create the offense of criminal use of public 10 records. Someone is guilty of this crime if 11 he or she abuses FOIL to obtain information 12 with the intent to use this information in the 13 furtherance of a crime. Criminal use of 14 public records is a Class E felony. 15 Now, this has been around last 16 year, and we said we would change this bill 17 and amend this bill and work with the other 18 side of this Senate chamber. And we did that, 19 knowing the civil liberties taken very 20 seriously by all of us here in this room. 21 But we created a bill here that has 22 a high threshold for the burden of proof for 23 that prosecutor. This bill is a pretty solid 24 bill. This bill, you have to intentionally 25 obtain the record with a FOIL request or go

Candyco Transcription Service, Inc.

(518) 371-8910 1 out and get someone and find that person who's 2 gotten that FOIL request with the intent to 3 use in a crime, and had to plan information 4 illegally when he obtained that information, 5 and, three, attempts to commit a crime or 6 commits a crime. Intentionally obtains with 7 the intent to use, attempts to commit a crime, 8 and/or commits that crime. 9 So I think we've created a bill 10 here that should work for not only both sides 11 of this chamber but for that in the Assembly 12 as well, by taking in civil liberties and 13 taking in the high threshold for that 14 prosecutor. 15 ACTING PRESIDENT YOUNG: Thank 16 you, Senator Golden. 17 Senator Schneiderman. 18 SENATOR SCHNEIDERMAN: Thank you, 19 Madam President. On the bill. 20 ACTING PRESIDENT YOUNG: On the 21 bill. 22 SENATOR SCHNEIDERMAN: I 23 appreciate Senator Golden's efforts. And I 24 have to say that we have spoken about this 25 bill, and this is a case in which he has been

Candyco Transcription Service, Inc.

(518) 371-8910 1 true to his commitment to modify it and really 2 attempt to come up with something that 3 addressed the concerns that were raised by my 4 colleagues on my side of the aisle last year 5 and have been raised with him in private. 6 This bill does create an extremely 7 high standard for prosecution because it 8 requires, before someone can be prosecuted, 9 that they intentionally obtain records through 10 the use of the Public Officers Law and that 11 they in fact use those records that were 12 improperly obtained in the commission of a 13 crime. So I think that does deal with a lot 14 of the issues that have been discussed when 15 this bill came before us before. 16 I would like to note that there's a 17 more fundamental issue that's been raised in 18 the context of the debate over this 19 legislation, which is really that the proper 20 approach to protecting our records is to make 21 sure that we're not holding a lot of 22 confidential information that could be used 23 against people in the first place. And that 24 we provide bills, as we have done -- Senator 25 Fuschillo sponsored the Security Breach

Candyco Transcription Service, Inc.

(518) 371-8910 1 Information Act, which requires state agencies 2 and businesses to notify persons of the 3 potential acquisition by an unauthorized 4 person of vulnerable personal information, and 5 legislation also sponsored by Senator 6 Fuschillo to freeze access to personal credit 7 error reports. I think we have to take 8 further steps to ensure that the confidential 9 information is not being maintained, it's not 10 maintained, it can't be obtained 11 inadvertently, advertently, intentionally, 12 unintentionally by someone who could use it 13 against someone. 14 Having said that, and having a 15 general objection to simply using the criminal 16 law in an effort to protect people from the 17 misuse of confidential information, I am going 18 to respond to Senator Golden's effort to bend 19 over backwards. If anything, quite honestly, 20 I think this makes it very difficult to 21 prosecute someone under this bill. I think 22 there's even too much civil liberties in here 23 for me. 24 But having said that, I respect the 25 sponsor's efforts to make this bill as

Candyco Transcription Service, Inc.

(518) 371-8910 1 narrowly tailored as possible so that only the 2 criminals who steal personal information to 3 use it intentionally for a crime are 4 prosecuted. And I will be supporting the 5 bill. 6 Thank you, Madam President. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Schneiderman. 9 Any other Senator wishing to be 10 heard? 11 Then the debate is closed. 12 The Secretary will ring the bell. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Announce 21 the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 888 are 24 Senators Duane and Serrano. 25 Ayes, 58. Nays, 2.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1500, by Member of the Assembly Destito, 6 Assembly Print Number 9284A, an act to amend 7 the Public Officers Law. 8 SENATOR HASSELL-THOMPSON: 9 Explanation. 10 SENATOR SCHNEIDERMAN: Madam 11 President, just -- 12 ACTING PRESIDENT YOUNG: Senator 13 Leibell, an explanation has been requested. 14 SENATOR SCHNEIDERMAN: No, that's 15 okay. No, that's okay. 16 Madam President, we don't need an 17 explanation. I just wanted to make a comment, 18 because the bill has been -- 19 ACTING PRESIDENT YOUNG: Senator 20 Schneiderman, on the bill. 21 SENATOR SCHNEIDERMAN: Thank you, 22 Madam President. 23 I just wanted to note, for my 24 colleagues that have voted against this bill 25 in the past, that this bill, which allows

Candyco Transcription Service, Inc.

(518) 371-8910 1 New York City sanitation employees with five 2 or more years of service to reside in a 3 political subdivision located not more than 4 15 miles from New York City, has now been the 5 subject of negotiations. 6 And my understanding is that while 7 I have great concerns about relaxing residency 8 requirements for city municipal employees, as 9 I believe people should work where they live, 10 in order to provide more better and more 11 appropriate services to the city, I support 12 this bill, as this limits the locations 13 outside of the city in which these individuals 14 can live. 15 The opposition to the bill has now 16 been withdrawn, and the technical flaw that 17 would have allowed sanitation workers to 18 reside further afield than was the intent of 19 the original legislation has been removed. 20 The City of New York and the Sanitationmen's 21 Association have reached an agreement which is 22 reflected in this bill, and I'm therefore 23 going to be supporting this measure. 24 Thank you. 25 ACTING PRESIDENT YOUNG: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Montgomery. 2 SENATOR MONTGOMERY: Yes, Madam 3 President. I too am going to withdraw my 4 opposition. 5 And in addition to what my 6 colleague Senator Schneiderman pointed out, I 7 just want to say that it has become more and 8 more difficult for people to live in the city, 9 especially in my district, where the 10 gentrification has really absolutely gone 11 through the roof. And it's gentrification for 12 people who work for the city, for teachers, 13 for police, for sanitation. Anyone who just 14 has a regular job with government, is a 15 middle-income family, wants to raise their 16 family, unless they already reside there and 17 have for the last two decades, they cannot 18 live there at this point in time. 19 So I am really very sad about that. 20 However, we must go with the progress. 21 There's nothing that we are going to do about 22 it in terms of turning it around immediately. 23 And so I'm going to withdraw my opposition and 24 vote in favor of this legislation. 25 ACTING PRESIDENT YOUNG: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you, Senator. 2 Any Senator wishing to be heard? 3 The debate is closed. 4 The Secretary will ring the bell. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1845, by Senator Meier, Senate Print 8207, an 17 act to amend the Social Services Law and the 18 Family Court Act. 19 SENATOR MONTGOMERY: Explanation. 20 ACTING PRESIDENT YOUNG: Senator 21 Meier, an explanation has been requested. 22 SENATOR MEIER: Thank you, Madam 23 President. 24 This bill is a response to a series 25 of discussions we've been having as a result

Candyco Transcription Service, Inc.

(518) 371-8910 1 of a number of really highly publicized and 2 tragic child abuse cases. And the purpose of 3 the bill really is to provide workers in the 4 Child Protective Service with the tools they 5 need through Family Court to gain access to 6 children. 7 One of the things that we've been 8 hearing as we talk to Child Protective Service 9 workers around the state is that it is 10 extremely difficult to secure a court order to 11 gain access where the parent or other 12 caregiver has denied access to the child. In 13 fact, the standard is the very same standard 14 that is required to obtain a criminal search 15 warrant. And yet your average building 16 inspector, checking for violations of the 17 sanitary code or the adequacy of plumbing or 18 electrical systems in an apartment, can get in 19 under a much lower standard. 20 And so what this bill does is it 21 sets forth a number of standards where a Child 22 Protective Service worker can serve a Family 23 Court order upon reasonable suspicion of abuse 24 or maltreatment. And where they've been 25 unable to locate the child or they've been

Candyco Transcription Service, Inc.

(518) 371-8910 1 denied sufficient access to the child, it sets 2 forth elements for the court to weigh in 3 determining whether or not they should grant 4 the order. 5 But in reality, what this is about 6 is to give child protective workers adequate 7 tools, under judicial supervision, to gain 8 access to children so they can assess the 9 situation and if need be take action to get 10 the child out, get the child access to 11 services. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Meier. 14 Senator Montgomery. 15 SENATOR MONTGOMERY: Thank you, 16 Madam President. On the bill. 17 ACTING PRESIDENT YOUNG: On the 18 bill. 19 SENATOR MONTGOMERY: Yes, thank 20 you. 21 I certainly have some concerns 22 about lowering the standards. But all in all, 23 I want to thank Senator Meier for his work, 24 because as you know, the most recent horror 25 story where a child was murdered by her own

Candyco Transcription Service, Inc.

(518) 371-8910 1 parents, and it happened over a long period of 2 child abuse, the child lived in my district 3 and the family lived in my district. And 4 since that time, Senator Meier as well as 5 other of my colleagues have been trying to 6 create a system that was more responsive, and 7 I appreciate that. 8 I do, however, want to point out, 9 Madam President, that my own version of a 10 response to this legislation, along with my 11 colleague in the Assembly, Assemblywoman 12 Annette Robinson -- it was in both of our 13 districts where this occurred -- we introduced 14 legislation which would establish what we 15 consider to be an emergency response team, 16 which would fit very nicely into Senator 17 Meier's program where he establishes child 18 advocacy centers. 19 We would like to see that happen 20 and to build on that center, build within that 21 center a process whereby we would not allow 22 this kind of abuse to go over a long period of 23 time but, rather, there would be very early 24 intervention based on not necessarily 25 educational neglect but indicators that there

Candyco Transcription Service, Inc.

(518) 371-8910 1 was something wrong. Not just child abuse, 2 but that there was also perhaps other issues 3 within that family constellation that required 4 some intervention, be it housing, be it 5 domestic violence, be it mental health 6 services, and et cetera. 7 So while I'm going to support this 8 legislation, I certainly think that we need to 9 do much more as it relates to paying closer 10 attention and providing early intervention to 11 assist families at a point where we can save 12 the lives of women and children in that 13 family. 14 So, Madam President, I hope that my 15 legislation will be considered some time in 16 the very near future, or some version of it. 17 And with that, I'm definitely going to support 18 this legislation, as I have the other bills 19 that Senator Meier has introduced to try and 20 address this issue. 21 Thank you. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Montgomery. 24 Any other Senator wishing to be 25 heard?

Candyco Transcription Service, Inc.

(518) 371-8910 1 The debate is closed. 2 The Secretary will ring the bell. 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 120th day. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 That completes the controversial 15 reading of the calendar. 16 We have some motions. 17 Senator Nozzolio. 18 SENATOR NOZZOLIO: Madam 19 President, amendments are offered to the 20 following Third Reading Calendar bills. 21 On behalf of Senator Spano, page 22 number 31, Calendar Number 953, Senate Print 23 Number 7808. 24 On behalf of Senator Winner, page 25 number 51, Calendar Number 1406, Senate Print

Candyco Transcription Service, Inc.

(518) 371-8910 1 Number 5273A. 2 On behalf of Senator Flanagan, page 3 number 55, Calendar Number 1473, Senate Print 4 Number 7091. 5 Also on behalf of Senator Flanagan, 6 page number 56, Calendar Number 1493, Senate 7 Print Number 2791. 8 And on behalf of Senator Skelos, 9 page number 65, Calendar Number 1780, Senate 10 Print Number 8147. 11 Madam President, I now move that 12 these bills retain their place on the order of 13 third reading. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Nozzolio. 16 The amendments are received, and 17 the bills will retain their place on the Third 18 Reading Calendar. 19 Senator Little. 20 SENATOR LITTLE: Thank you, Madam 21 President. 22 I wish to call up Senator 23 Nozzolio's bill, Print Number 6471C, recalled 24 from the Assembly, which is now at the desk. 25 ACTING PRESIDENT YOUNG: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 244, by Senator Nozzolio, Senate Print 6471C, 4 an act to authorize. 5 SENATOR LITTLE: Madam President, 6 I now move to reconsider the vote by which 7 this bill was passed. 8 ACTING PRESIDENT YOUNG: Call the 9 roll on reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT YOUNG: Senator 13 Little. 14 SENATOR LITTLE: Madam President, 15 I now offer the following amendments. 16 ACTING PRESIDENT YOUNG: The 17 amendments are received. 18 SENATOR LITTLE: Madam President, 19 I also wish to call up Senator Fuschillo's 20 bill, Print Number 7563, recalled from the 21 Assembly, which is now at the desk. 22 ACTING PRESIDENT YOUNG: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 988, by Senator Fuschillo, Senate Print 7563,

Candyco Transcription Service, Inc.

(518) 371-8910 1 an act to authorize. 2 SENATOR LITTLE: Madam President, 3 I now move to reconsider the vote by which the 4 bill was passed. 5 ACTING PRESIDENT YOUNG: Call the 6 roll on reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 SENATOR LITTLE: Madam President, 10 I now offer the following amendments. 11 ACTING PRESIDENT YOUNG: The 12 amendments are received. 13 SENATOR LITTLE: Thank you. 14 ACTING PRESIDENT YOUNG: Senator 15 Bonacic. 16 SENATOR BONACIC: Thank you, 17 Madam President. 18 On behalf of Senator LaValle, I 19 wish to call up Bill Number 718, having passed 20 both houses and not delivered to the Governor. 21 ACTING PRESIDENT YOUNG: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 1311, by Senator LaValle, Senate Print 718, an 25 act to amend the Workers' Compensation Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BONACIC: Madam 2 President, I now move to reconsider the vote 3 by which this bill was passed and ask that the 4 bill be restored to the order of third 5 reading. 6 ACTING PRESIDENT YOUNG: Call the 7 roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 SENATOR BONACIC: Madam 11 President, I now offer up the following 12 amendments. 13 ACTING PRESIDENT YOUNG: The 14 amendments are received. 15 Senator Bonacic. 16 SENATOR BONACIC: Madam 17 President, on behalf of Senator Padavan, I 18 wish to call up Bill Number 6997, having 19 passed both houses and not delivered to the 20 Governor. 21 ACTING PRESIDENT YOUNG: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 649, by Senator Padavan, Senate Print 6997, an 25 act to amend the Penal Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BONACIC: Madam 2 President, I now move to reconsider the vote 3 by which this bill was passed and ask that the 4 bill be restored to the order of third 5 reading. 6 ACTING PRESIDENT YOUNG: Call the 7 roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 SENATOR BONACIC: Madam 11 President, I now offer the following 12 amendments. 13 ACTING PRESIDENT YOUNG: The 14 amendments are received. 15 SENATOR BONACIC: Thank you. 16 ACTING PRESIDENT YOUNG: Senator 17 Fuschillo. 18 SENATOR FUSCHILLO: Madam 19 President, are there any substitutions at the 20 desk? 21 ACTING PRESIDENT YOUNG: Yes, 22 there are. 23 SENATOR FUSCHILLO: Please make 24 them. 25 ACTING PRESIDENT YOUNG: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: On page 10, 3 Senator Fuschillo moves to discharge, from the 4 Committee on Consumer Protection, Assembly 5 Bill Number 809A and substitute it for the 6 identical Senate Bill Number 5665A, Third 7 Reading Calendar 302. 8 On page 18, Senator Spano moves to 9 discharge, from the Committee on 10 Investigations and Government Operations, 11 Assembly Bill Number 7294 and substitute it 12 for the identical Senate Bill Number 5074, 13 Third Reading Calendar 592. 14 On page 22, Senator Johnson moves 15 to discharge, from the Committee on Health, 16 Assembly Bill Number 9955 and substitute it 17 for the identical Senate Bill Number 6786, 18 Third Reading Calendar 741. 19 On page 26, Senator Robach moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 9113B and substitute it 22 for the identical Senate Bill Number 6347A, 23 Third Reading Calendar 854. 24 And on page 27, Senator Marcellino 25 moves to discharge, from the Committee on

Candyco Transcription Service, Inc.

(518) 371-8910 1 Health, Assembly Bill Number 9251 and 2 substitute it for the identical Senate Bill 3 Number 6359, Third Reading Calendar 870. 4 ACTING PRESIDENT YOUNG: 5 Substitutions are ordered. 6 Senator Fuschillo. 7 SENATOR FUSCHILLO: Madam 8 President, the supplemental active list has 9 been placed on the members' desks. Could we 10 please go to that and have the 11 noncontroversial reading. 12 ACTING PRESIDENT YOUNG: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 282, by Senator Spano, Senate Print 2893C, an 16 act to amend the State Finance Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 180th day. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT YOUNG: Announce 25 the results.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 59. Nays, 2 1. Senator Marcellino recorded in the 3 negative. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 294, by Senator Larkin -- 8 SENATOR FUSCHILLO: Lay it aside 9 for the day, please. 10 ACTING PRESIDENT YOUNG: The bill 11 is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 296, by Senator Hannon, Senate Print 3493, an 14 act to amend the Public Health Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT YOUNG: Announce 23 the results. 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT YOUNG: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 300, by Senator Morahan, Senate Print 581, an 4 act to amend the General Business Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 302, substituted earlier by Member of the 19 Assembly Rivera, Assembly Print Number 809A, 20 an act to amend the General Business Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first day of the 25 calendar month next succeeding.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Announce 5 the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 321, by Senator Maziarz, Senate Print 1985A, 11 an act to amend the Retirement and Social 12 Security Law. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act, dated December 1, 2005, and intended for 17 use only during the 2006 legislative session. 18 ACTING PRESIDENT YOUNG: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT YOUNG: Announce 22 the results. 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 592, substituted earlier by Member of the 3 Assembly Paulin, Assembly Print Number 7294, 4 an act to amend the Executive Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first of January 9 next succeeding. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT YOUNG: Announce 14 the results. 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 626, by Senator Maziarz, Senate Print 7175B, 20 an act to amend the Labor Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT YOUNG: Announce 4 the results. 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 741, substituted earlier by Member of the 10 Assembly Sweeney, Assembly Print Number 9955, 11 an act to amend Chapter 572 of the Laws of 12 1994. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Announce 21 the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 761, by Senator Seward, Senate Print 7286, an 2 act relating to increasing availability. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 854, substituted earlier by Member of the 17 Assembly Bing, Assembly Print Number 9113B, an 18 act to amend the Labor Law and the General 19 Business Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 856, by Senator Saland, Senate Print 6290B, an 9 act to amend the Executive Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 870, substituted earlier by Member of the 24 Assembly Koon, Assembly Print Number 9251, an 25 act to amend the Public Health Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT YOUNG: Announce 9 the results. 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1075, by Senator Marchi, Senate Print 7433 -- 15 SENATOR SCHNEIDERMAN: Lay it 16 aside. 17 ACTING PRESIDENT YOUNG: The bill 18 is laid aside. 19 THE SECRETARY: Calendar Number 20 1155, by Senator Alesi, Senate Print 6957, an 21 act to amend the Public Health Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect on the first of

Candyco Transcription Service, Inc.

(518) 371-8910 1 November. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT YOUNG: Announce 6 the results. 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1156, by Senator Hannon, Senate Print 7459, an 12 act to amend the Public Health Law. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Announce 21 the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1157, by Senator Hannon, Senate Print 7544, an 2 act to amend the Public Health Law and the 3 Social Services Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 5. This 7 act shall take effect immediately. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT YOUNG: Announce 12 the results. 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1291, by Senator Farley, Senate Print 7764A, 18 an act to amend the Banking Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1405, by Senator Alesi, Senate Print 4993B, an 8 act to amend the Vehicle and Traffic Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 180th day. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT YOUNG: Announce 17 the results. 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1442, by Senator Maltese, Senate Print 5598A, 23 an act to amend the Retirement and Social 24 Security Law and the Administrative Code of 25 the City of New York.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 10. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT YOUNG: Announce 9 the results. 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1450, by Senator Seward, Senate Print 7371A, 15 an act to amend the Retirement and Social 16 Security Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT YOUNG: Announce 25 the results.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1568, by Senator Padavan, Senate Print 3169C, 6 an act to amend the Education Law and the 7 Insurance Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the 120th day. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT YOUNG: Announce 16 the results. 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1570, by Senator Hannon, Senate Print 4241, an 22 act to amend the Education Law. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect on the 120th day. 2 ACTING PRESIDENT YOUNG: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT YOUNG: Announce 6 the results. 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1847, by Senator Fuschillo, Senate Print 8232, 12 an act to amend the Vehicle and Traffic Law 13 and others. 14 ACTING PRESIDENT YOUNG: Read the 15 last section. 16 THE SECRETARY: Section 27. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT YOUNG: Announce 23 the results. 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT YOUNG: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is passed. 2 Senator Fuschillo, that completes 3 the noncontroversial calendar. 4 SENATOR FUSCHILLO: Madam 5 President, 1075, will you lay it aside for the 6 day, please. 7 ACTING PRESIDENT YOUNG: 1075 8 will be laid aside for the day. 9 Senator Farley. 10 SENATOR FARLEY: Is 302 out of 11 the house? Is that still here? I'd like to 12 reconsider the vote by which Calendar 302 13 passed. 14 SENATOR FUSCHILLO: Madam 15 President. 16 ACTING PRESIDENT YOUNG: Senator 17 Fuschillo. 18 SENATOR FUSCHILLO: I move to 19 reconsider the vote by which Calendar Number 20 302 had recently passed unanimously. 21 ACTING PRESIDENT YOUNG: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 302, substituted earlier today by Member of 25 the Assembly Rivera, Assembly Print Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 809A, an act to amend the General Business 2 Law. 3 ACTING PRESIDENT YOUNG: Call the 4 roll on reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 SENATOR FUSCHILLO: Lay it aside 8 for the day. 9 ACTING PRESIDENT YOUNG: The bill 10 is laid aside for the day. 11 SENATOR FARLEY: Madam President, 12 point of personal privilege. 13 ACTING PRESIDENT YOUNG: Senator 14 Farley. 15 SENATOR FARLEY: I want to thank 16 you for that, Senator Fuschillo. 17 I realize you -- I felt very deeply 18 about this piece of legislation. And needless 19 to say, I was out of the room talking to my 20 counsel about this and a few other things and 21 as I raced in, it passed, it passed fast. 22 And I did want to be voted no. I 23 would like to speak to it. And I appreciate 24 the courtesy that you granted me. But I was 25 going to go forwarded with a motion to

Candyco Transcription Service, Inc.

(518) 371-8910 1 reconsider. 2 Thank you, Senator Fuschillo. 3 ACTING PRESIDENT YOUNG: Senator 4 Montgomery, why do you rise? 5 SENATOR MONTGOMERY: Madam 6 President, I rise to also thank Senator 7 Fuschillo. 8 I think this is an act of 9 congeniality that is appropriate -- 10 collegiality, I'm sorry, that is appropriate 11 for this house. We have always, as long as I 12 have been here, we have had a rule which 13 allows us to recall a vote by which a bill 14 passes, in the event that it slips by. 15 And I think that for Senator 16 Fuschillo to honor that now, even though it's 17 not a bill that we were trying to recall, we 18 now, I think, all of us understand that that 19 rule is still in place and we all have the 20 right to use it. And I'm very happy that 21 Senator Farley could benefit from that today. 22 So I thank you, and I shall 23 remember. Thank you. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: Madam 3 President, does anybody else want to thank me? 4 (Laughter.) 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Fuschillo. 7 SENATOR FUSCHILLO: Thank you 8 very much. 9 There will be an immediate meeting 10 of the Rules Committee in the Majority 11 Conference Room. 12 ACTING PRESIDENT YOUNG: The 13 Rules Committee will meet immediately in the 14 Majority Conference Room. 15 SENATOR FUSCHILLO: And the 16 Senate will stand at ease. 17 ACTING PRESIDENT YOUNG: The 18 Senate stands at ease. 19 (Whereupon, the Senate stood at 20 ease at 6:07 p.m.) 21 (Whereupon, the Senate reconvened 22 at 6:26 p.m.) 23 SENATOR FUSCHILLO: Madam 24 President. 25 ACTING PRESIDENT YOUNG: Could we

Candyco Transcription Service, Inc.

(518) 371-8910 1 have some order, please. 2 Senator Fuschillo. 3 SENATOR FUSCHILLO: May we please 4 return to the reports of standing committees. 5 I believe there's a report of the Rules 6 Committee at the desk. 7 ACTING PRESIDENT YOUNG: Reports 8 of standing committees. 9 The Secretary will read. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bills: 13 Senate Print 1241C, by Senator 14 Winner, an act to authorize; 15 1899B, by Senator Robach, an act to 16 amend the Education Law; 17 3410B, by Senator Robach, an act to 18 amend the Vehicle and Traffic Law; 19 3820C, by Senator Trunzo, an act to 20 amend the Real Property Tax Law; 21 4088B, by Senator Spano, an act to 22 amend the Education Law; 23 4749, by Senator Spano, an act to 24 amend the Vehicle and Traffic Law; 25 4782, by Senator Marchi, an act to

Candyco Transcription Service, Inc.

(518) 371-8910 1 amend the Executive Law and the Navigation 2 Law; 3 4898A, by Senator DeFrancisco, an 4 act to amend the Real Property Law; 5 5090, by Senator Leibell, an act to 6 amend the Public Health Law; 7 5182A, by Senator Johnson, an act 8 to amend the Public Officers Law; 9 5316, by Senator Stachowski, an act 10 to amend the Real Property Tax Law; 11 5432, by Senator Saland, an act to 12 amend the Education Law; 13 5441A, by Senator Nozzolio, an act 14 to amend the Penal Law; 15 5676A, by Senator Little, an act to 16 authorize; 17 5751, by Senator Meier, an act to 18 amend the Highway Law; 19 6021B, by Senator Golden, an act to 20 amend the Penal Law; 21 6604, by Senator LaValle, an act to 22 amend the Education Law; 23 6653, by Senator Bonacic, an act to 24 amend Chapter 613 of the Laws of 1996; 25 6661A, by Senator Padavan, an act

Candyco Transcription Service, Inc.

(518) 371-8910 1 to amend the Penal Law; 2 6672C, by Senator Morahan, an act 3 to provide; 4 6676, by Senator Morahan, an act to 5 amend the General Municipal Law; 6 6743, by Senator Padavan, an act to 7 amend the Education Law; 8 6906, by Senator DeFrancisco, an 9 act to amend the Penal Law; 10 6970, by Senator Valesky, an act to 11 authorize; 12 6972B, by Senator Maziarz, an act 13 to amend the Tax Law; 14 7105B, by Senator Seward, an act to 15 amend the General Business Law; 16 7205, by Senator Padavan, an act to 17 amend the Real Property Tax Law; 18 7504, by Senator Golden, an act to 19 amend the Real Property Tax Law; 20 7680, by Senator Maltese, an act to 21 amend Chapter 154 of the Laws of 1921; 22 7782B, by Senator Flanagan, an act 23 to amend the Tax Law; 24 7804, by Senator Spano, an act to 25 amend the Environmental Conservation Law;

Candyco Transcription Service, Inc.

(518) 371-8910 1 7930, by Senator Morahan, an act to 2 amend the Mental Hygiene Law; 3 7940, by Senator Padavan, an act to 4 amend the Administrative Code of the City of 5 New York; 6 7975, by Senator Marcellino, an act 7 to amend the Environmental Conservation Law; 8 8106, by Senator Rath, an act to 9 amend the Retirement and Social Security Law; 10 8188, by Senator Marcellino, an act 11 to amend the General Obligations Law; 12 8201, by Senator Golden, an act to 13 amend the Real Property Tax Law; 14 And Senate Print 8344, by Senator 15 Meier, an act to amend the Social Services Law 16 and the Family Court Act. 17 All bills ordered direct to third 18 reading. 19 ACTING PRESIDENT YOUNG: Senator 20 Fuschillo. 21 SENATOR FUSCHILLO: Move to 22 accept the report of the Rules Committee. 23 ACTING PRESIDENT YOUNG: All in 24 favor of accepting the report signify by 25 saying aye.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT YOUNG: Opposed, 3 nay. 4 (No response.) 5 ACTING PRESIDENT YOUNG: The 6 report is accepted. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Can we return 9 to motions and resolutions and please 10 recognize Senator Bonacic. 11 ACTING PRESIDENT YOUNG: Motions 12 and resolutions. 13 Senator Bonacic. 14 SENATOR BONACIC: Thank you, 15 Madam President. 16 On behalf of Senator Little, on 17 page number 59 I offer the following 18 amendments to Calendar Number 1555, Senate 19 Print Number 7748, and ask that said bill 20 retain its place on the Third Reading 21 Calendar. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Bonacic. The amendments are 24 received, and the bill will retain its place 25 on the Third Reading Calendar.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BONACIC: On behalf of 2 Senator Skelos, on page number 41 I offer the 3 following amendments to Calendar Number 1197, 4 Senate Print Number 7452, and ask that said 5 bill retain its place on the Third Reading 6 Calendar. 7 ACTING PRESIDENT YOUNG: The 8 amendments are received, and the bill will 9 retain its place on the Third Reading 10 Calendar. 11 SENATOR BONACIC: Thank you, 12 Madam President. 13 ACTING PRESIDENT YOUNG: Thank 14 you. 15 Senator Nozzolio. 16 SENATOR NOZZOLIO: Madam 17 President, I wish to call up my bill, Print 18 Number 7234A, recalled from the Assembly, 19 which is now at the desk. 20 ACTING PRESIDENT YOUNG: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 858, by Senator Nozzolio, Senate Print 7234A, 24 an act to amend the Real Property Tax Law. 25 SENATOR NOZZOLIO: Madam

Candyco Transcription Service, Inc.

(518) 371-8910 1 President, I now move to reconsider the vote 2 by which this bill was passed. 3 ACTING PRESIDENT YOUNG: Call the 4 roll on reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 SENATOR NOZZOLIO: Madam 8 President, I now offer the following 9 amendments. 10 ACTING PRESIDENT YOUNG: The 11 amendments are received. 12 Senator Nozzolio. 13 SENATOR NOZZOLIO: Thank you, 14 Madam President. 15 On behalf of Senator Young, I wish 16 to call up Bill Number 7828, recalled from the 17 Assembly, which is now at the desk. 18 ACTING PRESIDENT YOUNG: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1024, by Senator Young, Senate Print 7828, an 22 act to amend the Agriculture and Markets Law. 23 SENATOR NOZZOLIO: Madam 24 President, I now move to reconsider the vote 25 by which the bill was passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll on reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 SENATOR NOZZOLIO: On behalf of 6 Senator Young, I now offer the following 7 amendments. 8 ACTING PRESIDENT YOUNG: The 9 amendments are received. Thank you. 10 Senator Winner. 11 SENATOR WINNER: On page 69, I 12 offer the following amendments to Calendar 13 Number 1818, Print Number 7892, and ask that 14 said bill retain its place on Third Reading 15 Calendar. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Winner. The amendments are 18 received, and the bill will retain its place 19 on the Third Reading Calendar. 20 Senator Meier. 21 SENATOR MEIER: Thank you, Madam 22 President. 23 I wish to call up Senator Skelos's 24 bill, Print Number 7413, recalled from the 25 Assembly, which is now at the desk.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 1531, by Senator Skelos, Senate Print 7413, an 5 act to amend the Nassau County Civil Divisions 6 Act. 7 SENATOR MEIER: Madam President, 8 I now move to reconsider the vote by which the 9 bill was passed. 10 ACTING PRESIDENT YOUNG: Call the 11 roll on reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 SENATOR MEIER: Madam President, 15 I now offer the following amendments. 16 ACTING PRESIDENT YOUNG: The 17 amendments are received. 18 SENATOR MEIER: Madam President, 19 on behalf of Senator LaValle, on page 20 number 26 I offer the following amendments to 21 Calendar Number 847, Senate Print Number 22 2864B, and ask that said bill retain its place 23 on the Third Reading Calendar. 24 ACTING PRESIDENT YOUNG: The 25 amendments are received, and the bill will

Candyco Transcription Service, Inc.

(518) 371-8910 1 retain its place on the Third Reading 2 Calendar. 3 SENATOR MEIER: Thank you, Madam 4 President. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Meier. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Madam 9 President, may we please take up the 10 noncontroversial reading of Senate 11 Supplemental Calendar Number 58A. 12 ACTING PRESIDENT YOUNG: The 13 Secretary will read Supplemental Calendar 14 Number 58A. 15 THE SECRETARY: Calendar Number 16 1848, by Senator Winner, Senate Print 1241C, 17 an act to authorize the Department of Taxation 18 and Finance. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1849, Senator Robach moves to 8 discharge, from the Committee on Education, 9 Assembly Bill Number 9234 and substitute it 10 for the identical Senate Bill Number 1899B, 11 Third Reading Calendar 1849. 12 ACTING PRESIDENT YOUNG: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1849, by Member of the Assembly Morelle, 17 Assembly Print Number 9234, an act to amend 18 the Education Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect July 1, 2007. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1850, Senator Robach moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 4914B and substitute it 10 for the identical Senate Bill Number 3410B, 11 Third Reading Calendar 1850. 12 ACTING PRESIDENT YOUNG: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1850, by Member of the Assembly Canestrari, 17 Assembly Print Number 4914B, an act to amend 18 the Vehicle and Traffic Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1851, by Senator Trunzo, Senate Print 3820C, 9 an act to amend the Real Property Tax Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of January 14 next succeeding. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1852, Senator Spano moves to 25 discharge, from the Committee on Education,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Bill Number 6832B and substitute it 2 for the identical Senate Bill Number 4088B, 3 Third Reading Calendar 1852. 4 ACTING PRESIDENT YOUNG: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1852, by Member of the Assembly Magnarelli, 9 Assembly Print Number 6832B, an act to amend 10 the Education Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect September 1, 2007. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1853, Senator Spano moves to 25 discharge, from the Committee on

Candyco Transcription Service, Inc.

(518) 371-8910 1 Transportation, Assembly Bill Number 1728 and 2 substitute it for the identical Senate Bill 3 Number 4749, Third Reading Calendar 1853. 4 ACTING PRESIDENT YOUNG: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1853, by Member of the Assembly Brodsky, 9 Assembly Print Number 1728, an act to amend 10 the Vehicle and Traffic Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1854, by Senator Marchi -- 25 SENATOR FUSCHILLO: Lay it aside

Candyco Transcription Service, Inc.

(518) 371-8910 1 for the day, please. 2 ACTING PRESIDENT YOUNG: The bill 3 is laid aside for the day. 4 THE SECRETARY: In relation to 5 Calendar Number 1855, Senator DeFrancisco 6 moves to discharge, from the Committee on 7 Rules, Assembly Bill Number 8053A and 8 substitute it for the identical Senate Bill 9 Number 4898A, Third Reading Calendar 1855. 10 ACTING PRESIDENT YOUNG: 11 Substitution ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1855, by Member of the Assembly Weprin, 15 Assembly Print Number 8053A, an act to amend 16 the Real Property Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 7. This 20 act shall take effect July 1, 2008. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT YOUNG: Announce 24 the results. 25 THE SECRETARY: Ayes, 60.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1856, by Senator Leibell, Senate Print 5090, 5 an act to amend the Public Health Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT YOUNG: Announce 14 the results. 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1857, by Senator Johnson, Senate Print 5182A, 20 an act to amend the Public Officers Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

Candyco Transcription Service, Inc.

(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT YOUNG: 4 Announce the results. 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1858, Senator Stachowski moves 10 to discharge, from the Committee on Housing, 11 Construction and Community Development, 12 Assembly Bill Number 7919 and substitute it 13 for the identical Senate Bill Number 5316, 14 Third Reading Calendar 1858. 15 ACTING PRESIDENT YOUNG: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1858, by Member of the Assembly Hoyt, Assembly 20 Print Number 7919, an act to amend the Real 21 Property Tax Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of January.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Announce 5 the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1859, by Senator Saland, Senate Print 5432, an 11 act to amend the Education Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 18. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Announce 20 the results. Senator Montgomery. 21 SENATOR MONTGOMERY: Yes, Madam 22 President. I'm going to oppose this 23 legislation because there is no exemption, no 24 exception associated with it. 25 And there are areas in every single

Candyco Transcription Service, Inc.

(518) 371-8910 1 occupation where people can possibly function 2 very adequately, with all due safety, even 3 though they may have had some infraction in 4 their past. It may not even relate to what 5 they're doing. Yet these bills and this one 6 and others like it continue to exclude people 7 from doing anything at all, even maybe being a 8 cook in the kitchen or a dishwasher or a 9 janitor or whatever. 10 So I am going to oppose this 11 legislation because I think it is very 12 problematic. We keep doing this, and 13 eventually many people in our state will not 14 be able to work anywhere at all. The only 15 thing they will be able to do is spend a life 16 in prison. 17 So I'm going to vote against this. 18 I vote no. 19 ACTING PRESIDENT YOUNG: Thank 20 you, Senator Montgomery. You will be recorded 21 in the negative. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Ayes, 58. Nays, 25 2. Senators Hassell-Thompson and Montgomery

Candyco Transcription Service, Inc.

(518) 371-8910 1 recorded in the negative. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1862, by Senator Meier, Senate Print 5751, an 6 act to amend the Highway Law. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT YOUNG: Announce 15 the results. 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1863, by Senator Golden, Senate Print 6021B, 21 an act to amend the Penal Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Announce 5 the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1864, Senator LaValle moves to 11 discharge, from the Committee on Higher 12 Education, Assembly Bill Number 10279 and 13 substitute it for the identical Senate Bill 14 Number 6604, Third Reading Calendar 1864. 15 ACTING PRESIDENT YOUNG: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1864, by Member of the Assembly Canestrari, 20 Assembly Print Number 10279, an act to amend 21 the Education Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Announce 5 the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1865, Senator Bonacic moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 9993 and substitute it 13 for the identical Senate Bill Number 6653, 14 Third Reading Calendar 1865. 15 ACTING PRESIDENT YOUNG: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1865, by Member of the Assembly Lopez, 20 Assembly Print Number 9993, an act to amend 21 Chapter 613 of the Laws of 1996. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Announce 5 the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1866, by Senator Padavan, Senate Print 6661A, 11 an act to amend the Penal Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Announce 21 the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1867, by Senator Morahan, Senate Print 6672C, 2 an act to provide for the establishment. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 5. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1868, by Senator Morahan -- 17 SENATOR FUSCHILLO: Lay it aside 18 for the day, please. 19 ACTING PRESIDENT YOUNG: The bill 20 is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 1869, by Senator Padavan, Senate Print 6743, 23 an act to amend the Education Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. The 2 amendments to paragraph (c) of subdivision 7 3 of Section 6206 of the Education Law made by 4 Section 2. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT YOUNG: Announce 9 the results. 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1870, by Senator DeFrancisco, Senate Print 15 6906, an act to amend -- 16 SENATOR SCHNEIDERMAN: Lay it 17 aside. 18 ACTING PRESIDENT YOUNG: The bill 19 is laid aside. 20 THE SECRETARY: In relation to 21 Calendar Number 1871, Senator Valesky moves to 22 discharge, from the Committee on Local 23 Government, Assembly Bill Number 10213 and 24 substitute it for the identical Senate Bill 25 Number 6970, Third Reading Calendar 1871.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: There is 2 a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1872, Senator Maziarz moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 11594 and substitute it 18 for the identical Senate Bill Number 6972B, 19 Third Reading Calendar 1872. 20 ACTING PRESIDENT YOUNG: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1872, by Member of the Assembly Farrell, 25 Assembly Print Number 11594, an act to amend

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Tax Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of a 6 sales tax quarterly period. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1873, Senator Seward moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 10490B, and substitute it 19 for the identical Senate Bill Number 7105B, 20 Third Reading Calendar 1873. 21 ACTING PRESIDENT YOUNG: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1873, by Member of the Assembly Destito,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Print Number 10490B, an act to amend 2 the General Business Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 120th day. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1874, Senator Padavan moves to 17 discharge, from the Committee on Cities, 18 Assembly Bill Number 10581 and substitute it 19 for the identical Senate Bill Number 7205, 20 Third Reading Calendar 1874. 21 ACTING PRESIDENT YOUNG: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1874, by Member of the Assembly Robinson,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Print Number 10581, an act to amend 2 the Real Property Tax Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1875, by Senator Golden, Senate Print 7504, an 17 act to amend the Real Property Tax Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

Candyco Transcription Service, Inc.

(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1876, Senator Maltese moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 11094 and substitute it 9 for the identical Senate Bill Number 7680, 10 Third Reading Calendar 1876. 11 ACTING PRESIDENT YOUNG: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1876, by Member of the Assembly Cusick, 16 Assembly Print Number 11094, an act to amend 17 Chapter 154 of the Laws of 1921. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect upon enactment into law 22 by the State of New Jersey. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1878, by Senator Spano, Senate Print 7804, an 8 act to amend the Environmental Conservation 9 Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Ayes, 59. Nays, 20 1. Senator Winner recorded in the negative. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1879, Senator Morahan moves to 25 discharge, from the Committee on Rules,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Bill Number 11243 and substitute it 2 for the identical Senate Bill Number 7930, 3 Third Reading Calendar 1879. 4 ACTING PRESIDENT YOUNG: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1879, by Member of the Assembly Englebright, 9 Assembly Print Number 11243, an act to amend 10 the Mental Hygiene Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect on the 180th day. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1880, by Senator Padavan, Senate Print 7940, 25 an act to amend the Administrative Code of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 City of New York. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1881, Senator Marcellino moves 16 to discharge, from the Committee on Rules, 17 Assembly Bill Number 11457 and substitute it 18 for the identical Senate Bill Number 7975, 19 Third Reading Calendar 1881. 20 ACTING PRESIDENT YOUNG: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1881, by Member of the Assembly DiNapoli, 25 Assembly Print Number 11457, an act to amend

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Environmental Conservation Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1882, by Senator Rath, Senate Print 8106, an 16 act to amend the -- 17 SENATOR FUSCHILLO: Lay it aside 18 for the day, please. 19 ACTING PRESIDENT YOUNG: The bill 20 is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 1883, by Senator Marcellino, Senate Print -- 23 SENATOR HASSELL-THOMPSON: Lay it 24 aside. 25 ACTING PRESIDENT YOUNG: The bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 is laid aside. 2 THE SECRETARY: Calendar Number 3 1884, by Senator Golden -- 4 SENATOR HASSELL-THOMPSON: Lay it 5 aside. 6 ACTING PRESIDENT YOUNG: The bill 7 is laid aside. 8 THE SECRETARY: Calendar Number 9 1885, by Senator Meier, Senate Print 8344, an 10 act to amend the Social Services Law and the 11 Family Court Act. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 120th day. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Announce 20 the results. 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 That completes the noncontroversial 25 reading of Supplemental Calendar Number 58A.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: Madam 3 President, will you please take up the reading 4 of the controversial calendar. 5 ACTING PRESIDENT YOUNG: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 1870, by Senator DeFrancisco, Senate Print 9 Number 6906, an act to amend the Penal Law. 10 SENATOR HASSELL-THOMPSON: 11 Explanation. 12 ACTING PRESIDENT YOUNG: Senator 13 DeFrancisco, an explanation has been 14 requested. 15 SENATOR DeFRANCISCO: This bill 16 simply adds to the bodily fluids that, if 17 expelled upon a correction officer, would 18 result in aggravated harassment. Present law 19 says if you throw blood, seminal fluid, urine, 20 feces, it's aggravated harassment. So this 21 bill basically says there's other dangerous 22 bodily fluids, including saliva, spit and 23 sputum. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Montgomery. 2 SENATOR MONTGOMERY: Yes, Madam 3 President. Would the sponsor yield for a 4 clarification question. 5 ACTING PRESIDENT YOUNG: Senator 6 DeFrancisco, do you yield? 7 SENATOR DeFRANCISCO: Yes. 8 SENATOR MONTGOMERY: Yes, thank 9 you. 10 Madam President, through you, I was 11 under the impression that there were any 12 number of measures that the corrections 13 already takes for people who do this kind of 14 awful act; i.e., muzzling them, or covering 15 their face and mouth, and covering their cells 16 so that they can't do -- throw stuff out of 17 the cell. And also they spend time in 18 lock-down. 19 That was my understanding, that 20 there were several measures that are used. Is 21 that not the case, to your understanding? 22 SENATOR DeFRANCISCO: Yes, those 23 are options. This is just another measure. 24 They're not mutually exclusive. 25 SENATOR MONTGOMERY: All right.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you, Senator DeFrancisco. 2 Madam President, on the bill. 3 ACTING PRESIDENT YOUNG: Senator 4 Montgomery, on the bill. 5 SENATOR MONTGOMERY: This is 6 another instance where certainly this is 7 behavior that is totally acceptable by any 8 means by anyone, certainly me. But 9 fortunately, DOCS has moved very aggressively 10 to deal with these kind of people. And I 11 think there could be perhaps nothing worse 12 than going into an SHU, which happens to many 13 people in this case. 14 It is no secret that many of the 15 individuals who do this kind of activity, 16 recognizing what the possible punishment will 17 be, are mentally ill. And so what we have now 18 is Senator DeFrancisco adding to the problem 19 as opposed to the solution. DOCS has tried to 20 come up with a solution. But this bill adds 21 to the problem by extending the sentence, 22 giving them another criminal charge while 23 they're inside, which only extends their 24 sentence much longer. 25 So while I certainly understand

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator DeFrancisco's abhorrence to this kind 2 of behavior -- I agree with him on that, but I 3 don't agree that this is necessary or the 4 method to deal with it. I think DOCS has a 5 much better solution and process. 6 So I'm voting no. Thank you. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Montgomery. 9 Senator Nozzolio. 10 SENATOR NOZZOLIO: Madam 11 President, on the bill. 12 ACTING PRESIDENT YOUNG: On the 13 bill. 14 SENATOR NOZZOLIO: Madam 15 President and my colleagues, I rise to support 16 Senator DeFrancisco's efforts to establish and 17 keep establishing workplace safety in our 18 correctional facilities. 19 That this issue is an issue that on 20 its surface may not appear, to those not 21 familiar with the dangers and practices in our 22 prisons, as one that seems like such a big 23 deal. But the fact of the matter is it is a 24 very big deal for those brave men and women 25 who work in our correctional facilities under

Candyco Transcription Service, Inc.

(518) 371-8910 1 the most adverse of circumstances. 2 That for many years the laws simply 3 tolerated correction officers and other 4 correctional personnel to be attacked by 5 inmates with their bodily fluids. That it was 6 not unusual for those in our jails in this 7 state, working in our jails, to be harassed by 8 inmates dousing them with their bodily fluids. 9 And up until just a few years ago, it was not 10 a crime for those to engage in that type of 11 behavior. 12 I had to work for many years with a 13 number of my colleagues in this chamber, some 14 who were also in the Assembly, to try to raise 15 to the level of criminality inmates attacking 16 correctional personnel with their bodily 17 fluids. We succeeded in achieving that. 18 You could snicker at that issue, 19 but the fact of the matter is it was a 20 question of potential transmission of very 21 serious diseases -- hepatitis, possibly HIV. 22 That with the transmission of using those 23 fluids as weapons, inmates in effect were 24 given no reprimand whatsoever until we changed 25 our laws.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator DeFrancisco's measure 2 before us expands that protection to our 3 correctional personnel so that inmates no 4 longer will be able to use other bodily fluids 5 for weapons, as weapons. That there have been 6 inmates convicted under this provision of law 7 and sentenced to additional time because of 8 their behaviors. 9 And I can tell you that those who 10 work in our correctional facilities, the 11 correction officers, the teachers, the 12 maintenance personnel, they all thank us for 13 achieving this type of legal protection, so 14 that the clear signal is that district 15 attorneys will prosecute for this crime. 16 Madam President, it's an excellent 17 measure. And that Senator DeFrancisco is to 18 be congratulated for moving another step 19 towards a safer workplace for those men and 20 women who work under very adverse conditions 21 in our state correctional facilities. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Nozzolio. 24 Senator Hassell-Thompson. 25 SENATOR HASSELL-THOMPSON: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you, Madam President. 2 If the Senator would yield for a 3 couple of questions. 4 ACTING PRESIDENT YOUNG: Senator 5 DeFrancisco, do you yield? 6 SENATOR DeFRANCISCO: Yes. 7 ACTING PRESIDENT YOUNG: The 8 Senator yields. 9 SENATOR HASSELL-THOMPSON: Thank 10 you. 11 Through you, Madam President, I 12 wanted to be clear that I heard what I thought 13 I heard. And that was that you say that 14 spitting or any form of sputum was a possible 15 transmittal vehicle for what diseases? 16 SENATOR DeFRANCISCO: I didn't 17 say. I said it's -- I think Senator Nozzolio 18 mentioned a couple of diseases. But sputum 19 can contain infections, it can contain 20 infections such as hepatitis. Senator 21 Nozzolio mentioned that. 22 And it's an unhealthy situation. A 23 correction officer could be speaking with an 24 inmate and sputum could conceivably go into 25 the officer's mouth or on their face, later be

Candyco Transcription Service, Inc.

(518) 371-8910 1 put in the mouth indirectly. 2 So, you know, it's something that 3 is just an expansion of the existing law. 4 ACTING PRESIDENT YOUNG: Senator 5 Hassell-Thompson. 6 SENATOR HASSELL-THOMPSON: On the 7 bill. 8 ACTING PRESIDENT YOUNG: Senator 9 Hassell-Thompson on the bill. 10 SENATOR HASSELL-THOMPSON: Thank 11 you. 12 I guess my concern continues to be, 13 as that of Senator Duane, that we do not 14 continue to purport the possibility that 15 sputum is a vehicle or it is a bodily fluid 16 that could contain or could transmit HIV. 17 That is a misnomer. 18 And I think that we must be very 19 careful, because part of all of the public 20 health -- when we talk about public health 21 issues, we talk about properly educating 22 people about what is and what is not 23 transmittable and what the vehicles are. And 24 sputum and saliva are not transmitters of HIV. 25 And so I just wanted to be clear that that was

Candyco Transcription Service, Inc.

(518) 371-8910 1 not what this bill was purporting. 2 I certainly support the fact that 3 this is -- it's a -- I think the nastiest 4 thing you could do to any individual is to 5 spit on them or to cause sputum deliberately 6 and intentionally on any person. But I 7 certainly don't want us to misconstrue what 8 the reality is here. 9 ACTING PRESIDENT YOUNG: Senator 10 Nozzolio, why do you rise? 11 SENATOR NOZZOLIO: I respectfully 12 ask the Senator to yield. 13 ACTING PRESIDENT YOUNG: Senator 14 Hassell-Thompson, do you yield? 15 SENATOR HASSELL-THOMPSON: Yes, I 16 will yield. 17 ACTING PRESIDENT YOUNG: The 18 Senator yields. 19 SENATOR NOZZOLIO: Senator 20 Thompson, I certainly understand your line of 21 logic here. 22 But just to ask through the chair 23 that, Madam President, is Senator Thompson 24 aware that there are many very serious 25 diseases within our prison, particularly

Candyco Transcription Service, Inc.

(518) 371-8910 1 hepatitis, and that that disease certainly is 2 transmittable through human saliva? 3 ACTING PRESIDENT YOUNG: Senator? 4 SENATOR HASSELL-THOMPSON: Yes, 5 certainly I am very aware that there are 6 several strains of hepatitis that can, in 7 fact, be transmitted by way of sputum. And to 8 date, there are probably 12 new additional 9 strains which they are examining. 10 I speak specifically, however -- 11 and I hope that you did not misunderstand. 12 And in case you did or anyone else did in this 13 chamber, I do not disagree that it is an 14 unhealthy practice. It is a nasty, low habit. 15 But that's not my issue. My issue 16 is to be sure that when we present, that we do 17 so correctly. Because it has taken millions 18 of dollars, of Health Department dollars to 19 educate the public properly and correctly 20 about whether or not sputum is a transmittable 21 bodily fluid for HIV. And that was my only 22 statement. 23 SENATOR NOZZOLIO: Madam 24 President, will Senator Thompson continue to 25 yield.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Senator 2 Hassell-Thompson, will you continue to yield 3 to Senator Nozzolio? 4 SENATOR HASSELL-THOMPSON: I 5 continue to yield. 6 SENATOR NOZZOLIO: Thank you, 7 Madam President. Thank you, Senator Thompson. 8 Senator Thompson's points are very 9 well taken. I just wish to ask if the Senator 10 is aware that the teachers and particularly 11 the nurses within our correctional facilities 12 of the state are extremely concerned that the 13 transmission of the disease and the readily 14 available transmission of disease through 15 bodily fluids could result in serious injury, 16 particularly to those healthcare workers and 17 other correctional personnel who are asked to 18 be involved in sometimes very intense 19 altercations within our prison facilities. 20 ACTING PRESIDENT YOUNG: Senator? 21 SENATOR HASSELL-THOMPSON: I am 22 fully aware, Senator. Through you, Madam 23 President, I am fully aware. 24 I hope that my clarification did 25 not in any way lead you or anyone to believe

Candyco Transcription Service, Inc.

(518) 371-8910 1 that I intend to vote against this bill, 2 because I don't. 3 However, again, my concern, as 4 someone who has worked in the healthcare 5 field, as someone who was a trainer and an 6 educator for HIV and AIDS, as someone in this 7 state who has gone across the state and taught 8 adherence to medication treatment as well as 9 transmittable vehicles, I would be 10 irresponsible if I did not spend the time that 11 I think is appropriate just to educate this 12 body that when we get caught up -- and we've 13 had this discussion in the past, but I think 14 it's very important that we be clear about 15 what diseases are transmitted by what 16 vehicles. 17 And that was the only question that 18 I raised, and I will in fact be voting for 19 this bill. 20 ACTING PRESIDENT YOUNG: Thank 21 you, Senator Hassell-Thompson. 22 Senator Nozzolio. 23 SENATOR NOZZOLIO: Thank you, 24 Madam President. Will Senator Thompson be so 25 kind as to continue to yield.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT YOUNG: Senator, 2 do you yield? 3 SENATOR HASSELL-THOMPSON: Yes, I 4 will, Madam President. 5 ACTING PRESIDENT YOUNG: The 6 Senator yields. 7 SENATOR HASSELL-THOMPSON: Aching 8 leg and all. 9 SENATOR NOZZOLIO: Thank you, 10 Madam President. Thank you, Senator. 11 The question is -- and I certainly 12 understand your comments and respect them. I 13 think it's important to clarify these matters. 14 And I also believe it's important to clarify 15 intentions. 16 That this is important, extremely 17 important to those who work in our 18 correctional facilities. And I just wish to 19 add that it's -- an inmate could be bleeding, 20 and through the nose, mouth, teeth, whatever, 21 in an altercation in a correctional facility. 22 Oftentimes there are fights that correctional 23 personnel are called upon to break up. And 24 that blood certainly could be part of a sputum 25 issue.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I just wondered if Senator 2 Thompson would also acknowledge that as part 3 of something we'd like to try to prevent. 4 ACTING PRESIDENT YOUNG: Senator 5 Hassell-Thompson. 6 SENATOR HASSELL-THOMPSON: 7 Through you, Madam President. Since blood in 8 any form is a transmittable form of HIV, then 9 I would have to accept that under those 10 circumstances, yes. But that's already 11 covered as a bodily fluid in the language of 12 the existing law. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Hassell-Thompson. 15 Senator Nozzolio. 16 SENATOR NOZZOLIO: Madam 17 President, Senator Thompson is correct. It 18 has already been protected. 19 And I again thank the Senator for 20 yielding, and I appreciate her constructive 21 dialog on this matter. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator. 24 Senator Hassell-Thompson. 25 SENATOR HASSELL-THOMPSON: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you, Madam President. 2 ACTING PRESIDENT YOUNG: Any 3 Senator wishing to be heard? 4 The debate is closed. 5 The Secretary will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT YOUNG: Announce 14 the results. 15 Senator Nozzolio, to explain his 16 vote. 17 SENATOR NOZZOLIO: Thank you, 18 Madam President. My colleagues, again, I 19 thank those who are supporting this measure 20 because by -- 21 ACTING PRESIDENT YOUNG: May we 22 have some order, please. Thank you. 23 Senator. 24 SENATOR NOZZOLIO: Thank you, 25 Madam President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I, in supporting this measure, 2 thank my colleagues who are supporting this 3 measure, because in doing so they're 4 supporting the brave men and women who work 5 behind the walls in our correctional 6 facilities. They walk the toughest beat in 7 law enforcement in America. They're steadfast 8 in their support. And this makes their jobs a 9 little bit safer. 10 Senator DeFrancisco expanding the 11 breadth of the protections that correctional 12 personnel have is just another way to make our 13 jails safer and make our jails a little less 14 dangerous to work in. 15 That we worked very hard to 16 establish this threshold. I am very happy 17 that there are district attorneys throughout 18 the state that are prosecuting this crime, 19 actively, to protect those men and women who 20 work in our correctional facilities. And I 21 thank this body for taking another step to 22 make our jails a safer place to work. 23 Madam President, I vote aye. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator Nozzolio. You will be recorded

Candyco Transcription Service, Inc.

(518) 371-8910 1 in the affirmative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1870: Senator 5 Montgomery. 6 Those Senators absent from voting: 7 Senators Duane and Marchi. 8 Ayes, 57. Nays, 1. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1883, by Senator Marcellino, Senate Print 14 8188, an act to amend the General Obligations 15 Law. 16 ACTING PRESIDENT YOUNG: Senator 17 Schneiderman. 18 SENATOR SCHNEIDERMAN: Thank you, 19 Madam President. I'm going to speak on the 20 bill to save us time at this late hour. 21 I think we're all familiar with 22 this bill in this house. This is a bill that 23 is here as a Governor's program bill. Senator 24 Marcellino is doing his duty as our chair of 25 Environmental Conservation. Before him, it

Candyco Transcription Service, Inc.

(518) 371-8910 1 was carried by Senator Saland, Senator Kuhl, 2 Senator Hoffmann, back to Senator Cook, in one 3 form or another. 4 It is a bill that has been a 5 chestnut as a one-house bill and should pass 6 from the scene as a one-house bill this year. 7 And I do not believe that the next governor is 8 going to introduce it as a program bill. 9 The reason this bill doesn't get 10 anywhere, in spite of the vigorous debates 11 that occasionally erupt in relation to it, is 12 that this bill would take -- again, would be 13 an assault on the law of negligence in the 14 State of New York. This would say that a 15 private landowner or their tenants or people 16 who just maintain the property, who open their 17 land, agree that their land can be used for 18 any recreational use -- basketball, 19 skateboarding, anything -- would be exempted 20 from the ordinary rules of the law of 21 negligence. 22 And again, this came up earlier 23 today in the context of Senator Balboni's 24 bill. Exempting people from the rule of 25 negligence is a very serious blow to the

Candyco Transcription Service, Inc.

(518) 371-8910 1 balance created by America's system of 2 justice. All negligence requires, all the 3 landowners have to do to avoid being liable 4 for negligence is to behave reasonably. 5 Again, Black's Law Dictionary 6 defines negligence as the failure to exercise 7 reasonable care towards others. So we're not 8 talking about people having to be perfect, 9 we're not saying any little slip and you're 10 liable. We're saying if you act 11 unreasonably -- if there is a swimming pool 12 with broken glass in it and you don't put a 13 fence around it, you don't have a sign that 14 says "Children Keep Out," that might be 15 unreasonable. And it's a fact-by-fact 16 situation. 17 This bill takes an area of law in 18 which there are some very narrow exemptions -- 19 hunting, fishing, organized gleaning, which I 20 know is something that Senator Smith and 21 Senator Hassell-Thompson like to engage in, 22 boating, trapping, hiking -- that makes it 23 clear we're talking about areas that are more 24 or less wilderness areas, areas in the wild, 25 and instead says any recreational use.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Which is a huge expansion of the 2 pieces of property in our state as to which a 3 landowner or tenant, whoever is in control of 4 that property, is exempted from their 5 responsibility to fence it off, to post it, to 6 take all reasonable care to keep people and 7 particularly children from being injured. 8 So I'm opposed to this bill for the 9 same reason I opposed its predecessors. I 10 think that we should be able to engage in our 11 organized gleaning or other activities as we 12 wish, which we're allowed to under the current 13 state of law. 14 There also, as I have to note -- 15 and this has been called to my attention by 16 prior sponsors of this bill -- there is a body 17 of case law that defines what we're talking 18 about for property, but that body of case law 19 is based on the definition of property as 20 essentially property used for recreational 21 activities in, you know, in the wild -- 22 hang gliding, snowmobile operation, that kind 23 of thing. 24 So when you make it any other 25 recreational use, it opens up a whole broad

Candyco Transcription Service, Inc.

(518) 371-8910 1 area of property that would thereby be exempt 2 from any requirement that the landowner behave 3 reasonably to provide notice, to provide 4 protection to the public. 5 We're talking about recreation. 6 That means we're talking about a lot of 7 children in this state who would not be 8 protected as well as they are today if this 9 bill were to become law. 10 I don't think we're going to be 11 seeing this bill again with a new governor, so 12 let's bid it adieu as a one-house chestnut. 13 I'm going to be voting no, with a little bit 14 of nostalgia for it. I know Senator Balboni 15 joins me in that. 16 Thank you, Madam President. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Schneiderman. 19 Senator Montgomery. 20 SENATOR MONTGOMERY: Yes, thank 21 you, Madam President. I just want to make a 22 comment on this legislation, and certainly on 23 the bill. 24 ACTING PRESIDENT YOUNG: On the 25 bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR MONTGOMERY: Thank you. 2 I am not by any means an expert, 3 and I really have never been involved in this 4 debate. However, I do want to say one thing. 5 It is very difficult now for children in my 6 district, even my own son has been barred from 7 doing any activity on the grounds where we 8 live. And the reason for that is that the 9 co-op is desperately afraid of having any kind 10 of lawsuit. So none of the children who live 11 in the development can utilize the grounds for 12 any activity. 13 And children are not allowed to 14 have recreational activities, physical 15 activities, in many places in New York City 16 because of the fear of lawsuits. 17 So in a sense we have severely 18 curtailed the opportunity for young people to 19 have the kind of physical activity that would 20 prevent them from becoming obese, that would 21 give them an opportunity to develop skills in 22 certain sports and so forth and so on. 23 So I really am not sure that this 24 bill would help with that situation. But, 25 Madam President, I do assure you that there is

Candyco Transcription Service, Inc.

(518) 371-8910 1 a very big problem with having recreational 2 areas, especially outdoor areas, being subject 3 to lawsuits which end up being an obstacle to 4 having young people, especially in the urban 5 areas, with very limited access to outdoor 6 activities, that they are curtailed from doing 7 anything because of the fear of lawsuits. 8 So I just want to make that 9 statement, be on record saying that. And if I 10 decide to support the legislation, I would 11 like for you to understand why I'm doing that. 12 Thank you. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator. 15 Any other Senator wishing to be 16 heard? 17 The debate is closed. 18 The Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 DeFrancisco, to explain his vote. 2 SENATOR DeFRANCISCO: Yes, I'm 3 voting no. And I've got an actual, real-life 4 case under existing law to show why a bill 5 like this is not good. 6 There's a client of mine who was on 7 a reservoir near a hydroelectric plant that is 8 used commonly for fishing in the North 9 Country. He was with his 12-year-old son. 10 And they did not allow, this 11 hydroplant did not allow the fishing and the 12 use of that facility due to their goodness of 13 their hearts; it was part of the requirement 14 of their license to allow people to use that 15 for recreation. 16 Well, what ended up happening, 17 without notifying anybody, without any 18 notices, any warnings or whatever, they opened 19 the floodgates because the -- over the dam the 20 water was too high. No sirens, no warnings, 21 no anything. 22 Well, the two of them were carried 23 through the place that they'd been on many 24 times, carried through the floodgates, went 25 down 60 feet. The father has got one leg

Candyco Transcription Service, Inc.

(518) 371-8910 1 shorter than the other, and thank God the son 2 was not hurt other than minor abrasions and so 3 forth. 4 The case was thrown out because 5 allowing this -- under existing law, that they 6 were immune, even though they were required to 7 do recreational use under their license. It 8 went up on appeal, same thing citing this 9 statute. No reason for any compensation. 10 Now, I think that's wrong, and I 11 think an expansion of a bill like that is 12 wrong. That's why I'm voting no. 13 ACTING PRESIDENT YOUNG: Senator 14 DeFrancisco will be recorded in the negative. 15 Senator Morahan, to explain his 16 vote. 17 SENATOR MORAHAN: Thank you, 18 Madam President. 19 First, I would like to commend 20 Senator Marcellino for proposing this law, 21 this bill. It's well-intentioned but I think 22 misdirected. 23 My concern is, frankly, that it is 24 too broad, as has been stated in the opening 25 dialogue. I think we need more space for our

Candyco Transcription Service, Inc.

(518) 371-8910 1 children, but that can be done through Little 2 League, that can be done through towns, 3 municipalities, villages. 4 And I think just to open it up so 5 wide that the mere fact that you've opened it 6 up -- we don't know the condition of the 7 property, we don't know anything about the 8 property. So I think while it's 9 well-intentioned, I can't support it. So I'm 10 going to be voting no. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Morahan. You will be recorded in 13 the negative. 14 Senator Marcellino, to explain his 15 vote. 16 SENATOR MARCELLINO: Yes, Madam 17 President, briefly. 18 I thank my colleagues for their 19 comments. And I tell you that should this 20 bill come back next year, I will work with 21 Governor-elect Faso to make it an even better 22 bill. 23 (Laughter.) 24 SENATOR MARCELLINO: I vote aye. 25 ACTING PRESIDENT YOUNG: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you, Senator Marcellino. You will be recorded 2 in the affirmative. 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1883 are 6 Senators Breslin, Connor, Coppola, 7 DeFrancisco, Dilan, Gonzalez, 8 Hassell-Thompson, Klein, L. Krueger, Morahan, 9 Onorato, Parker, Paterson, Sabini, Sampson, 10 Savino, Schneiderman, Serrano, A. Smith, 11 Stachowski and Stavisky. Also in the 12 negative, Senator Montgomery. 13 Those Senators absent from voting: 14 Senators Duane and Marchi. 15 Ayes, 36. Nays, 22. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1884, by Senator Golden, Senate Print 8201, an 21 act to amend the Real Property Tax Law. 22 SENATOR LIZ KRUEGER: 23 Explanation. 24 ACTING PRESIDENT YOUNG: Senator 25 Golden, an explanation has been requested.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR GOLDEN: Thank you, Madam 2 President. 3 The 421-a has allowed for 4 affordable housing and gives tax benefits to 5 those with 421-a housing. It has been in 6 operation since 1971, has allowed for 130,000 7 units to be built in New York City. And this 8 is a New York City bill, and it is an extender 9 for one year to the year 2007. 10 ACTING PRESIDENT YOUNG: Thank 11 you, Senator. 12 Senator Krueger. 13 SENATOR LIZ KRUEGER: Thank you, 14 Madam President. On the bill. 15 ACTING PRESIDENT YOUNG: On the 16 bill. 17 SENATOR LIZ KRUEGER: So the City 18 of New York has actually created a task force 19 to reevaluate the 421-a program, based on the 20 fact that there's enormous data that at least 21 over the last decade this program, at least in 22 its existing form, has ended up being a 23 subsidy program not for affordable housing but 24 in fact, in many cases, luxury units. 25 For the record, many of the units

Candyco Transcription Service, Inc.

(518) 371-8910 1 that have been created under 421-a actually 2 are in my district. And as most people might 3 be aware, my district is now some of the most 4 expensive real estate in the country if not 5 the world. And the data shows that the 421-a 6 tax exemptions are not being used to build 7 affordable housing in my district, but are 8 often being used by luxury developers. 9 Some of the most expensive towers 10 in my district that have gone up in the last 11 decade have taken advantage of the 421-a 12 program. And in fact, in a recently reported 13 New York Times story from April 12, 2006, they 14 profiled 10 apartment buildings that got tax 15 breaks under 421-a, with an individual 16 building owner averaging $9.4 million in tax 17 deductions during the period of the tax break, 18 but not one of the buildings included a 19 2-bedroom apartment renting for less than 20 $2,000 a month. 21 The report went on to analyze that 22 in the TriBeCa area of the city, the 23 apartments that were getting 421-a exemptions 24 were renting for as much as $4200 to $5000 a 25 month.

Candyco Transcription Service, Inc.

(518) 371-8910 1 In 1971, when 421-a was first 2 created, it was a very different situation in 3 the City of New York. And I would argue that 4 at one time this was a reasonable model for 5 tax exemptions. But in 2006, it is estimated 6 that the City of New York will lose annually 7 over $300 million in taxes due to the 421-a 8 system and that tax loss will have very little 9 correlation to the increased building of 10 affordable units. Imagine what we could do in 11 the City of New York with another $320 million 12 to build affordable housing. 13 So despite the fact that the 421-a 14 program is, I would argue, most frequently 15 used in my own district, it is the wrong 16 answer for the 21st century for the City of 17 New York. I look forward to the Mayor's task 18 force coming out with their report on 19 recommendations for radically reforming this 20 program. 21 And I do not see any motivation for 22 us to wish to extend this program even for 23 another year, because as I read this bill this 24 would allow for continued exemptions for new 25 developments commencing before December 2007

Candyco Transcription Service, Inc.

(518) 371-8910 1 through December 2008. And since we're really 2 only in June 2006, what this bill, if it 3 became law, would do is to extend the 4 existence of a program that has already shown 5 itself to no longer be appropriate for 6 building appropriate housing in the City of 7 New York through the end of 2008. 8 And even though the Mayor's people, 9 I am advised, are not yet ready to make their 10 recommendations for changes in the law, I 11 personally think it would be fine to allow 12 this law to sunset and start again with new 13 recommendations out of the city. 14 I'll be voting no. Thank you, 15 Madam President. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Krueger. 18 Any other Senator wishing to be 19 heard? 20 Senator Golden. 21 SENATOR GOLDEN: On the bill, 22 Madam President. 23 ACTING PRESIDENT YOUNG: Senator 24 Golden, on the bill. 25 SENATOR GOLDEN: I thank the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator for her statements on 421-a. And I 2 too believe that 421-a should be used for 3 affordable housing. 4 But this 421-a has allowed for 5 tremendous construction of new housing in the 6 City of New York. And I will point out that 7 Senator Krueger voted aye the last time, and 8 this has been voted unanimously in the past. 9 And I vote aye. Thank you. 10 ACTING PRESIDENT YOUNG: Thank 11 you, Senator Golden. 12 Senator Montgomery. 13 SENATOR MONTGOMERY: Yes, Madam 14 President. My district, similar to how 15 Senator Krueger describes her district, my 16 district is simply being overbuilt with 17 basically very, very high-end luxury 18 condominiums. And because of the location 19 where I am, these condominiums, these 20 developers have, as a right, access to 421-a 21 tax abatement. 22 And I think, in the least, when and 23 if we renew the 421-a or extend the 421-a 24 program, it should require that it be targeted 25 to those buildings that afford middle-income

Candyco Transcription Service, Inc.

(518) 371-8910 1 working people an opportunity to be able to 2 live and work in the city. 3 So I'm going to oppose this 4 straight-out extension because it does not 5 contain any requirement for developers to do 6 affordable housing. And so they're building 7 luxury condos and they're advertising them 8 that they start at $550,000 for a small condo 9 unit in a building on the corner of X and 10 Y Avenue. So this really does not help people 11 in New York City. 12 This is a developer's program. In 13 my opinion, it's the developer's welfare 14 program. We should end it. At least we 15 should target it to housing that is the most 16 needed, to the most-needed New Yorkers. I 17 would like to see teachers and police officers 18 and firemen and the young families and artists 19 be able to continue to live in my district. 20 And as it goes now, they're not, and we're 21 subsidizing their displacement. 22 So I'm going to vote no. 23 ACTING PRESIDENT YOUNG: Thank 24 you, Senator Montgomery. 25 Any other Senator wishing to be

Candyco Transcription Service, Inc.

(518) 371-8910 1 heard? 2 Senator Schneiderman. 3 SENATOR SCHNEIDERMAN: Thank you, 4 Madam President. 5 I'll try to be brief because this 6 is, I believe, the last bill we're going to be 7 doing today. But I really do want to urge my 8 colleagues to consider what Senator Krueger 9 and Senator Montgomery have talked about. 10 The Mayor has just convened a task 11 force on tax breaks for housing developers, 12 yet we're rushing forward with this bill today 13 to extend the 421-a program without any reform 14 to the program without waiting for the results 15 or findings of that task force. 16 Two housing advocacy groups, 17 Habitat for Humanity in New York City and the 18 Pratt Center for Community Development, 19 released a report in April essentially 20 documenting the fact that the 421-a -- and I'm 21 quoting from the report: "In its present 22 form, the 421-a program is a massive misuse of 23 the tax dollars of New York City residents." 24 "It continues to subsidize luxury 25 homes in expensive neighborhoods with nearly

Candyco Transcription Service, Inc.

(518) 371-8910 1 80 percent of the benefits going in Manhattan. 2 It subsidizes buildings that would have been 3 built anyway, at an annual cost to the city of 4 $300 million and rising fast, and it creates 5 very little affordable housing." 6 Ladies and gentlemen, we should at 7 least consider reforms to the system. We 8 should at least allow the Mayor's task force 9 to complete its work before we vote to extend 10 it without any reforms. 11 There are others who are testifying 12 and submitting information to the task force 13 in addition to these groups, but it is clear 14 that we are not getting our bang for the buck 15 and this program, at the very least, is 16 subsidizing developments that would get built 17 because of the nature of the market whether or 18 not they received a subsidy. 19 Let's concentrate on the crisis for 20 low- and moderate-income people in our city 21 who cannot afford to live in the communities 22 that they come from. Let us concentrate on 23 that. Let us reform this program before we 24 renew it. 25 I'm going to be voting no, Madam

Candyco Transcription Service, Inc.

(518) 371-8910 1 President. 2 ACTING PRESIDENT YOUNG: Thank 3 you, Senator Schneiderman. 4 Senator Connor. 5 SENATOR CONNOR: Thank you, Madam 6 President. 7 You know, we had a big fight over 8 this years ago and tried to make some of these 9 programs not applicable to Manhattan. But, 10 you know, the market has changed so much where 11 we are now. 12 In my district in Brooklyn, in 13 downtown Brooklyn, they are building. They 14 are building in every available space they can 15 find, and they are building very, very 16 expensive apartments. You know, efficiencies 17 start at $800,000 and a one-bedroom, 18 $1.1 million; a two-bedroom, $1.4 million. 19 They sell out before they finish building or 20 converting, in some cases, old factory 21 buildings. 22 Once upon a time we needed this 23 kind of incentive program. There was no 24 market. There were no people willing to 25 invest in building in New York City. Now

Candyco Transcription Service, Inc.

(518) 371-8910 1 they're tripping over each other to build. 2 One potential project, they paid -- 3 the developer paid $110 million for an old 4 factory loft building, was converting it into 5 very expensive condominiums. And the buyers 6 of the condominiums will get the tax subsidy 7 from 421-a. Anybody who buys an apartment for 8 $2 million or $3 million doesn't really need a 9 whole lot of help from City of New York's 10 taxpayers to get there. 11 And what I'm concerned about -- and 12 by the way, Senator Krueger mentioned my 13 district, TriBeCa. I think actually TriBeCa 14 has gotten more expensive than the Upper East 15 Side. And once upon a time there was no 16 TriBeCa. When I was first elected, it was 17 just a bunch of lofts over there. 18 The Lower East Side, the Lower East 19 Side -- where, frankly, it was pretty rough in 20 Alphabet City 20 years ago, 25 years ago when 21 I was representing it -- now the long-time 22 residents are being chased out, rents have 23 skyrocketed, new construction is going up 24 wherever it can. But it's very, very 25 expensive. There are virtually no set-asides

Candyco Transcription Service, Inc.

(518) 371-8910 1 for affordable housing. 2 When I say "affordable," I don't 3 just mean housing for the poor, I mean for 4 working families, middle-middle-class families 5 can't afford to live there anymore. In a 6 neighborhood that 25 years ago you would have 7 talked about as one of the classic poorer slum 8 neighborhoods in New York City. 9 So we really need to revisit this. 10 I'm not saying we shouldn't have a housing 11 program. Where are the set-asides for 12 affordable housing? Oh, occasionally if you 13 get a developer that needs a zoning variance, 14 local officials can squeeze them for -- and 15 they used to say we can't afford to set aside 16 more than 15 to 20 percent; the numbers don't 17 work. Well, at today's numbers you can afford 18 to set aside 40 to 50 percent of these units 19 for affordable and still make money if you're 20 a developer. 21 So we shouldn't be subsidizing 22 rampant greed. We should be subsidizing 23 responsible development. 24 My only dilemma about this bill is 25 it's a one-year extender and I do think we

Candyco Transcription Service, Inc.

(518) 371-8910 1 need to have some reliability or 2 predictability if we're going to encourage 3 people to continue to build, because these 4 things don't get built overnight. So if I 5 thought this were going to be close, I might 6 be tempted to say, well, okay, one more 7 extension. 8 But the Mayor has appointed a panel 9 to investigate changes. I think we ought to 10 keep his feet to the fire. I'm not saying I 11 would let this expire at the end of this year, 12 but something tells me we'll be back before 13 then if we needed a six-month sentence. 14 But I'd rather do an extension with 15 changes. We really need to take a look at 16 what's going on. Look, it's not bad that 17 people are willing to invest a lot of money in 18 New York City and create new housing. What is 19 bad is we are quickly heading toward what you 20 see in Paris, where the poor people live in 21 the suburbs. And those of who you represent 22 the near suburbs may be noticing demographic 23 change in the districts you represent. It's 24 because working-class people and poor people, 25 in between jobs or have those kind of jobs

Candyco Transcription Service, Inc.

(518) 371-8910 1 that aren't that stable, low-income, are being 2 pushed out to the suburbs. 3 If you go to Paris, the poorest 4 people live in the farthest suburbs. And back 5 when they had all those disturbances last 6 year, it was in the suburbs. Why? Only the 7 wealthy can live in the city. Well, that's 8 what's starting to happen in New York. And 9 not just Manhattan, it's starting to happen in 10 large parts of Brooklyn, it's getting into 11 Queens, it's happening throughout the city. 12 Folks can't afford to live in Harlem anymore 13 if you've got to pay market. That's a hot 14 neighborhood. I mean, you name it. 15 So we really have to take a look at 16 what we're doing here, or else the poorest 17 people will have to pay the most 18 transportation costs -- which we know are 19 increasing because of energy considerations -- 20 to get to the lowest-paid jobs in the city. 21 And you're going to be talking about the poor 22 suburbs in many, many cases before long. 23 So I'm going to vote no as a 24 protest and encourage the city do something 25 about this. Let's have a housing incentive

Candyco Transcription Service, Inc.

(518) 371-8910 1 program for the 21st century. This was a 2 program for the 1970s and 1980s. The market 3 conditions, the economy of the city were far 4 different then. Let's have a program for now. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Connor. 7 Any other Senator wishing to be 8 heard? 9 The debate is closed. 10 The Secretary will ring the bell. 11 Read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 1884 are 21 Senators Breslin, Connor, Coppola, Diaz, 22 Dilan, L. Krueger, C. Kruger, Montgomery, 23 Onorato, Oppenheimer, Padavan, Parker, 24 Paterson, Savino, Schneiderman, Serrano, and 25 Stachowski.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Absent from voting: Senators Duane 2 and Marchi. 3 Ayes, 41. Nays, 17. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 That concludes the reading of the 7 controversial calendar for Supplemental 8 Calendar Number 58A. 9 Senator Fuschillo. 10 SENATOR FUSCHILLO: Madam 11 President, is there any other business at the 12 desk? 13 ACTING PRESIDENT YOUNG: We have 14 housekeeping, Senator. 15 SENATOR FUSCHILLO: Please take 16 up the motions. 17 ACTING PRESIDENT YOUNG: Senator 18 Nozzolio. 19 SENATOR NOZZOLIO: Thank you, 20 Madam President. 21 On page 9 I offer the following 22 amendments to Calendar Number 244, Senate 23 Print Number 6471D, and ask that said bill 24 retain its place on Third Reading Calendar. 25 ACTING PRESIDENT YOUNG: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you, Senator. The amendments are received, 2 and the bill will retain its place on the 3 Third Reading Calendar. 4 Senator Nozzolio. 5 SENATOR NOZZOLIO: Madam 6 President, on page 8 I offer the following 7 amendments to Calendar Number 226, Senate 8 Print Number 6015A, on behalf of Senator 9 Seward, and ask that said bill retain its 10 place on Third Reading Calendar. 11 ACTING PRESIDENT YOUNG: The 12 amendments are received, and the bill will 13 retain its place on the Third Reading 14 Calendar. 15 Thank you, Senator. 16 Senator Little. 17 SENATOR LITTLE: Thank you, Madam 18 President. 19 On behalf of Senator Seward, I wish 20 to call up Senate Print Number 7040, recalled 21 from the Assembly, which is now at the desk. 22 ACTING PRESIDENT YOUNG: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 727, by Senator Seward, Senate Print 7040, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act in relation to legalizing. 2 SENATOR LITTLE: Madam President, 3 I now move to reconsider the vote by which the 4 bill was passed. 5 ACTING PRESIDENT YOUNG: Call the 6 roll on reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 SENATOR LITTLE: Madam President, 10 I now offer the following amendments. 11 ACTING PRESIDENT YOUNG: The 12 amendments are received. 13 Senator Fuschillo. 14 SENATOR FUSCHILLO: Madam 15 President, there will be a meeting of the 16 Rules Committee tomorrow, June 20th, at 17 11:30 a.m. in the Majority Conference Room. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator. There will be a Rules Committee 20 meeting tomorrow at 11:30 in the Majority 21 Conference Room. 22 SENATOR FUSCHILLO: There being 23 no further business, I move we adjourn until 24 Tuesday, June 20th, at 1:00 p.m. 25 ACTING PRESIDENT YOUNG: On

Candyco Transcription Service, Inc.

(518) 371-8910 1 motion, the Senate stands adjourned until 2 Tuesday, June 20th, at 1:00 p.m. 3 (Whereupon, at 7:46 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910