Tuesday, June 20, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 20, 2006 11 1:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 afternoon to give the invocation is Pastor 11 Brian K. Norman, from Adirondack Baptist 12 Church in Gloversville, New York. 13 PASTOR NORMAN: Our Heavenly 14 Father, we thank You for the privilege that 15 You've given us today to come here and to be 16 representatives of this great State of 17 New York. 18 Father, we thank You for the 19 privilege of understanding the biblical values 20 that we have in Your word so that we might be 21 able to govern this great state. 22 Father, I pray for this Senate. 23 Lord, I pray that You would give much wisdom, 24 give discernment. Father, That You would give 25 understanding concerning the laws of our land

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(518) 371-8910 1 and, Father, concerning those things which 2 will make this state a better state. 3 And Father, we will thank You and 4 praise You for it. Thank You again for this 5 time. In Jesus' name we pray. 6 Amen. 7 THE PRESIDENT: Reading of the 8 Journal. 9 THE SECRETARY: In Senate, 10 Monday, June 19, the Senate met pursuant to 11 adjournment. The Journal of Sunday, June 18, 12 was read and approved. On motion, Senate 13 adjourned. 14 THE PRESIDENT: Without 15 objection, the Journal stands approved as 16 read. 17 Presentation of petitions. 18 Messages from the Assembly. 19 Messages from the Governor. 20 Reports of standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 24 following bills: 25 Senate Print 44C, by Senator

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(518) 371-8910 1 DeFrancisco, an act to amend the Real Property 2 Law; 3 545, by Senator Padavan, an act to 4 amend the Penal Law; 5 784B, by Senator Fuschillo, an act 6 to amend the Insurance Law; 7 2181A, by Senator Padavan, an act 8 to amend the General Business Law; 9 2319, by Senator Meier, an act to 10 amend the Tax Law; 11 3484A, by Senator Padavan, an act 12 to amend the Administrative Code of the City 13 of New York; 14 3912A, by Senator Volker, an act to 15 amend the Civil Practice Law and Rules; 16 3978A, by Senator Alesi, an act to 17 amend the Civil Practice Law and Rules; 18 4744A, by Senator Farley, an act to 19 amend the Banking Law; 20 5041A, by Senator Leibell, an act 21 to amend the Criminal Procedure Law; 22 5517C, by Senator Johnson, an act 23 to amend the Vehicle and Traffic Law; 24 5656E, by Senator Spano, an act to 25 amend the Public Health Law;

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(518) 371-8910 1 5675A, by Senator Wright, an act to 2 amend the Energy Law; 3 5908B, by Senator Rath, an act to 4 amend the Public Health Law; 5 5934A, by Senator Montgomery, an 6 act to amend the General Business Law; 7 6709, by Senator DeFrancisco, an 8 act to amend the Vehicle and Traffic Law; 9 6919, by Senator Alesi, an act in 10 relation to redistributing; 11 7190, by Senator Padavan, an act to 12 amend the Real Property Tax Law; 13 7199A, by Senator Wright, an act to 14 amend the General Municipal Law; 15 7230A, by Senator Skelos, an act to 16 amend the Public Authorities Law; 17 7381B, by Senator Skelos, an act to 18 amend the Education Law; 19 7444B, by Senator Oppenheimer, an 20 act to amend Chapter 654 of the Laws of 1927; 21 7491A, by Senator Hannon, an act to 22 authorize; 23 7501, by Senator Saland, an act to 24 amend the Education Law; 25 7559A, by Senator Young, an act to

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(518) 371-8910 1 amend the Agriculture and Markets Law; 2 7636A, by Senator Winner, an act to 3 amend the Environmental Conservation Law; 4 7660A, by Senator Meier, an act to 5 amend the Social Services Law; 6 7666, by Senator Maltese, an act to 7 amend the Public Authorities Law; 8 7674A, by Senator LaValle, an act 9 to authorize; 10 7818C, by Senator Spano, an act to 11 amend the Education Law; 12 7889, by Senator Meier, an act to 13 amend the Penal Law and others; 14 7893, by Senator Balboni, an act to 15 amend the Penal Law; 16 7942B, by Senator Wright, an act in 17 relation to authorizing; 18 7968A, by Senator Meier, an act to 19 amend the Highway Law; 20 7970, by Senator Marchi, an act to 21 amend the Real Property Tax Law; 22 7983, by Senator Volker, an act to 23 amend the Alcoholic Beverage Control Law; 24 8005A, by Senator Bonacic, an act 25 to amend the Private Housing Finance Law;

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(518) 371-8910 1 8083, by Senator Johnson, an act to 2 amend the Tax Law; 3 8085, by Senator Johnson, an act to 4 amend the Tax Law; 5 8124, by Senator Fuschillo, an act 6 to amend the General Business Law; 7 8144, by Senator Leibell, an act to 8 amend the Public Authorities Law; 9 8145, by Senator Hannon, an act to 10 amend the New York City Medical Care 11 Facilities Finance Agency Act; 12 8164, by Senator Little, an act to 13 legalize; 14 8171A, by Senator Saland, an act to 15 amend the Education Law; 16 8177A, by the Senate Committee on 17 Rules, an act to amend Chapter 509 of the Laws 18 of 2003; 19 8182A, by Senator Marcellino, an 20 act to amend the Environmental Conservation 21 Law; 22 8190, by Senator Libous, an act to 23 amend the Racing, Pari-Mutuel Wagering and 24 Breeding Law; 25 8196, by Senator Flanagan, an act

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(518) 371-8910 1 to amend the State Administrative Procedure 2 Act; 3 8205, by Senator Bruno, an act to 4 amend the Highway Law; 5 8231, by Senator Johnson, an act to 6 amend the Civil Practice Law and Rules; 7 8246, by Senator Bruno, an act 8 authorizing; 9 And Senate Print 8323, by Senator 10 Hannon, an act to amend the Public Authorities 11 Law. 12 All bills ordered direct to third 13 reading. 14 THE PRESIDENT: Senator 15 Fuschillo. 16 SENATOR FUSCHILLO: Move to 17 accept the report of the Rules Committee. 18 THE PRESIDENT: All in favor 19 please signify by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The report is 24 accepted. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Senator Johnson, 2 from the Committee on Finance, reports the 3 following bills: 4 Senate Print 8295, by Senator 5 Spano, an act to amend the Civil Service Law; 6 Senate Print 8296, by Senator 7 DeFrancisco, an act relating to an impasse; 8 And Senate Print 8381, by Senator 9 Padavan, an act to amend the Education Law. 10 All bills ordered direct to third 11 reading. 12 THE PRESIDENT: All bills ordered 13 direct to third reading. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Senator Johnson, 17 from the Committee on Finance, reports the 18 following nominations. 19 As a member of the Board of 20 Trustees of the City University of New York, 21 Benno C. Schmidt, Jr., of Riverdale. 22 As a member of the Adirondack Park 23 Agency, Cecil Wray, Esquire, of New York City. 24 As a member of the Metropolitan 25 Transportation Authority, Andrew Saul, of

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(518) 371-8910 1 Katonah. 2 As director of the State of New 3 York Mortgage Agency, Joseph Strasburg, 4 Esquire, of Staten Island. 5 As a member of the New York Job 6 Development Authority, Nicholas Yunis, of 7 Elmira. 8 As a member of the New York State 9 Energy Research and Development Authority, 10 George Akel, Jr., of Binghamton. 11 As a member of the Ogdensburg 12 Bridge and Port Authority, Mary M. Farley, 13 Esquire, of Gouverneur. 14 As a member of the Port Authority 15 of New York and New Jersey, Charles A. 16 Gargano, of New York City. 17 As member of the Port of Oswego 18 Authority, Robert B. Burtch, Jr., of Oswego. 19 As trustees of the Power Authority 20 of the State of New York, Frank S. McCullough, 21 Jr., Esquire, of Rye; Joseph J. Seymour, of 22 Bethlehem Center; and Michael J. Townsend, 23 Esquire, of Fairport. 24 As a member of the Small Business 25 Advisory Board, Steven J. Sunshine, of

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(518) 371-8910 1 Williamsville. 2 As a member of the Board of 3 Directors of the Great Lakes Protection Fund, 4 Matthew J. Millea, of Clifton Park. 5 As a public member of the State 6 Banking Board, James E. Higgins, of New York 7 City. 8 As a member of the State Board for 9 Historic Preservation, Christina R. Davis, of 10 New York City. 11 As a member of the Board of 12 Trustees of Cornell University, Edward V.K. 13 Cunningham, Jr., of LaGrangeville. 14 As a member of the Albany Pine Bush 15 Preserve Commission, Aaron Mair, of Rotterdam. 16 As members of the Empire State 17 Plaza Art Commission, Christine M. Benedict, 18 of Albany; Jonathan Dale Farkas, of New York 19 City; and Hilary Dunne Ferrone, of 20 Spencertown. 21 As a member of the Central New York 22 State Park, Recreation and Historic 23 Preservation Commission, Fred L. Reuter, of 24 Ohio. 25 As a member of the Finger Lakes

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(518) 371-8910 1 State Park, Recreation and Historic 2 Preservation Commission, Carol C. Reeves, of 3 Ithaca. 4 As a member of the Genesee State 5 Park, Recreation and Historic Preservation 6 Commission, Peter G. Humphrey, of Warsaw. 7 As a member of the Long Island 8 State Park, Recreation and Historic 9 Preservation Commission, Anthony J. Bonomo, 10 Esquire, of Manhasset. 11 As a member of the Niagara Frontier 12 State Park, Recreation and Historic 13 Preservation Commission, Harvey N. Albond, of 14 Niagara Falls. 15 As a member of the Taconic State 16 Park, Recreation and Historic Preservation 17 Commission, Arthur L. Gellert, of 18 Poughkeepsie. 19 As members of the Fire Fighting and 20 Code Enforcement Personnel Standards and 21 Education Commission, Peter A. Caruso, of 22 Utica; Bruce E. Heberer, of Johnstown; and 23 Leon Szczerbinski, of North Tonawanda. 24 As a member of the Interstate 25 Environmental Commission, Gerard Kassar, of

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(518) 371-8910 1 Brooklyn. 2 As a member of the State Athletic 3 Commission, Marc B. Cornstein, of New York 4 City. 5 As members of the State Commission 6 on Quality of Care and Advocacy for Persons 7 with Disabilities, Bruce G. Blower, of 8 Huntington Station; Gary O'Brien, of Latham; 9 and Patricia M. Okoniewski, of Fulton. 10 As a member of the Veterans' 11 Affairs Commission, Terry J. Bresina, of 12 Norwich. 13 As members of the Medical Advisory 14 Committee, Steven E. Barnes, of Silver Creek, 15 and Russell Nicholas Ake Cecil, M.D., of 16 Amsterdam. 17 As members of the Board of 18 Directors of the New York Convention Center 19 Operating Corporation, David M. Schwartz, of 20 Brooklyn, and James Whelan, of Bellerose. 21 As a member of the Board of 22 Trustees of the New York Higher Education 23 Services Corporation, Angela Van Dekker, of 24 Hastings-on-Hudson. 25 As director of the New York State

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(518) 371-8910 1 Environmental Facilities Corporation, Lawrence 2 F. DiGiovanna, Esquire, of Breezy Point. 3 As members of the Advisory Council 4 on Agriculture, Leslie Cole, Jr., of Livonia; 5 Joy D. Crist, of Walden; Daniel W. Sievert, of 6 Burt; and James L. Vincent, of Byron. 7 As members of the State Council on 8 the Arts, Betty Levin, of New York City; Linda 9 E. Mondello, of Oyster Bay; and Dennis M. 10 Penman, of Amherst. 11 As members of the Continuing Care 12 Retirement Community Council, Robert M. Chur, 13 of Clarence, and Edward C. Weeks, of Buffalo. 14 As a member of the Mental Health 15 Services Council, Kathleen Coyne Plum, Ph.D., 16 of Mumford. 17 As a member of the Minority Health 18 Council, Richard G. Younge, M.D., of White 19 Plains. 20 As members of the Passenger Tramway 21 Advisory Council, Gerald R. Fielding, of 22 Monticello; Daniel Frank, of Windham; and 23 James R. Ruhl, Ph.D., of Ballston Lake. 24 As members of the Public Health 25 Council, Robert W. Hurlbut, of Rochester, and

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(518) 371-8910 1 William F. Streck, M.D., of Cooperstown. 2 As members of the State Hospital 3 Review and Planning Council, Frederick B. 4 Cohen, Esquire, of Buffalo; Ingrid Jiminez, of 5 Flushing; James X. Kennedy, of Geneva; Joyce 6 A. Salimeno, of Rock Hill; and Lucille K. 7 Sheedy, of Lockport. 8 As a member of the State Insurance 9 Fund, Charles L. Loiodice, of Woodbury. 10 As a member of the Board of 11 Visitors of the New York State Home for 12 Veterans and their Dependents at Batavia, 13 Linda M. Janelli, of Amherst. 14 As members of the Board of Visitors 15 of the Broome Developmental Disabilities 16 Services Office, Kathryn Paddock, of 17 Binghamton, and Luella Rogers, of Walton. 18 As a member of the Board of 19 Visitors of the Buffalo Psychiatric Center, 20 Lisa Michaelsen, of Lockport. 21 As members of the Board of Visitors 22 of the Capital District Developmental 23 Disabilities Services Office, Cheryl A. 24 Walther, of Hudson Falls, and Patricia K. 25 Wright, of Waterford.

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(518) 371-8910 1 As a member of the Board of 2 Visitors of the Creedmoor Psychiatric Center, 3 Judy Grubin, of Jackson Heights. 4 As members of the Board of Visitors 5 of the Finger Lakes Developmental Disabilities 6 Services Office, Mary Hope Derby, of Geneseo, 7 and Quentin J. Masolotte, of Dansville. 8 As a member of the Board of 9 Visitors of the Metro New York Developmental 10 Disabilities Services Office, Josephine 11 Maldonado, of the Bronx. 12 As a member of the Board of 13 Visitors of the New York State Home for 14 Veterans and their Dependents at Montrose, 15 Mary Edith Meeks, of Beacon. 16 As a member of the Board of 17 Visitors of the New York State Home for 18 Veterans and Their Dependents at Oxford, Mary 19 Smack, of Binghamton. 20 As a member of the Board of 21 Visitors of the Rockland Psychiatric Center, 22 Nunzio Pomara, M.D., of Rye Brook. 23 As a member of the Board of 24 Visitors of the Rockland Children's 25 Psychiatric Center, Eugene P. McMahon, Ed.D.,

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(518) 371-8910 1 of Pearl River. 2 As a member of the Board of 3 Visitors of the St. Lawrence Psychiatric 4 Center, Bonnie Barkley, of Ogdensburg. 5 As members of the Board of Visitors 6 of the Sunmount Developmental Disabilities 7 Services Office, William R. Cuthbert, of 8 Potsdam; Dawn P. Lavigne, of Massena; and 9 Carolyn Smith, of Messina. 10 As members of the Board of Visitors 11 of the Taconic Developmental Disabilities 12 Services Office, Joan E. Klink, of Fishkill; 13 Ronald S. Lehrer, of Poughkeepsie; and Ralph 14 Vinichiarello, of Wassaic. 15 As a member of the Board of 16 Visitors of the Western New York Developmental 17 Disabilities Services Office, Penny F. 18 Zeplowitz, of Williamsville. 19 And as a member and chairman of the 20 Metropolitan Transportation Authority, Peter 21 S. Kalikow, of New York City. 22 THE PRESIDENT: Senator Johnson. 23 SENATOR JOHNSON: Move the 24 nominations. 25 THE PRESIDENT: All in favor of

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(518) 371-8910 1 the nominations as read by the Secretary 2 please indicate by saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Opposed, nay. 5 (Response of "Nay.") 6 SENATOR HASSELL-THOMPSON: Point 7 of order, Madam President. 8 THE PRESIDENT: Senator 9 Hassell-Thompson. 10 SENATOR HASSELL-THOMPSON: Yes. 11 Is Mr. Kalikow's appointment on the floor? 12 THE PRESIDENT: Yes, it is, 13 Senator. 14 SENATOR HASSELL-THOMPSON: There 15 are some members who would like to be heard on 16 Mr. Kalikow's nomination. 17 THE PRESIDENT: If they will so 18 indicate. 19 SENATOR HASSELL-THOMPSON: While 20 I'm standing, Madam President, I would like to 21 vote no on Joseph Strasburg. 22 THE PRESIDENT: The record will 23 so reflect your vote, Senator. 24 SENATOR HASSELL-THOMPSON: Thank 25 you, Madam President.

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(518) 371-8910 1 THE PRESIDENT: Senator Ada 2 Smith. 3 SENATOR ADA SMITH: Thank you, 4 Madam President. 5 I will be voting no on all 6 nominations that have a term that expires 7 after 2008, because I do not feel that it is 8 appropriate for the Governor to put people 9 into office that will go long after his term 10 of office. 11 And the only ones that I will be 12 voting yes on that have terms past that limit 13 are the Boards of Visitors. 14 Thank you. 15 THE PRESIDENT: The record will 16 so reflect your vote, Senator Ada Smith. 17 Senator Montgomery. 18 SENATOR MONTGOMERY: Yes, Madam 19 President, I would like the record to show 20 that I am voting no. 21 I would like to be recorded in the 22 negative because I too, like Senator Smith, 23 find it just unreasonable that many of these 24 appointments go out six, seven and more years. 25 In fact, they go out further than the term of

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(518) 371-8910 1 office of the next governor. And 2 notwithstanding who that may be -- it may be 3 Faso, it may be Suozzi, it may be Spitzer -- 4 whoever it is, we are now putting in place a 5 government that will go beyond that 6 administration. 7 I think that is unfair and 8 unreasonable. We should not be doing that. 9 And so I'm going to vote no on this list of 10 nominees. 11 THE PRESIDENT: The record will 12 so reflect your vote, Senator. 13 SENATOR MARCELLINO: Madam 14 President. 15 THE PRESIDENT: Senator 16 Marcellino. 17 SENATOR MARCELLINO: I think the 18 record should reflect that this kind of 19 appointment or the appointments being done now 20 and the fact that they will extend beyond the 21 Governor's term is not an atypical thing that 22 has happened just unique to the Pataki 23 administration. It happened under Mario Cuomo 24 before him and under governors before that. 25 This is not new. This has gone on

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(518) 371-8910 1 for many, many governors as they pass and make 2 appointments. So I don't know if the outrage 3 was here when Mario did the same thing when he 4 left office. 5 I'll be voting aye on all the 6 appointments. 7 THE PRESIDENT: And the record 8 will so reflect your vote, Senator Marcellino. 9 Senator Farley. 10 SENATOR FARLEY: Thank you, Madam 11 President. I rise to support all the 12 nominees. 13 But I want to speak at least on 14 one, Ron Rabinowitz, who is the chairman of 15 our State Athletic Commission, boxing 16 commissioner, better known professionally as 17 Ron Stevens. And also known, I think, 18 throughout the United States as one of the 19 finest boxing commissioners there is in the 20 country. 21 He has raised the status of boxing 22 in New York State to a level that is truly 23 respected nationally. He's a personal friend 24 of mine and a personal friend of Senator 25 Bruno, who's an undefeated boxer, and one that

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(518) 371-8910 1 I know that Ron Rabinowitz, Esquire -- as I 2 said, who's better known as Ron Stevens -- his 3 appointment does go through '09. I wish it 4 went on a lot longer. 5 But he certainly is a credit not 6 only to New York State but to our reputation 7 for an industry that is a huge tourist 8 attraction and one that he's given a lot of 9 time and effort to. 10 And moving on on this huge list, 11 I've got a number of constituents, but Gary 12 O'Brien is also, I see, up there, from the 13 Commission on Quality of Care, and I'd like to 14 say what a fine job he's done with the 15 Commission on Quality of Care. 16 Ron Rabinowitz I believe has been 17 nominated already, has he not? No? Not yet? 18 Well, all the words I've said about Ron 19 Stevens, Ron Rabinowitz will have to go into 20 the record for when he's nominated. 21 Thank you very much. 22 THE PRESIDENT: Thank you, 23 Senator Farley. 24 Senator Ada Smith. 25 SENATOR ADA SMITH: Thank you,

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(518) 371-8910 1 Madam President. 2 To correct the record, Mario Cuomo 3 was not -- did not have the ability to appoint 4 the last few days of session, because he had 5 no idea that he would be leaving office. 6 Therefore, please correct the 7 record to make it stand. 8 THE PRESIDENT: Senator Gonzalez. 9 SENATOR GONZALEZ: Thank you, 10 Madam President. 11 While we're supporting the -- I'm 12 supporting the nominees, I would take note 13 that those as they go beyond the new term will 14 consider that they serve at the pleasure of 15 the next governor, whoever that may be. 16 However, even with that support, I 17 have some group that is witnessing this here 18 from the Bronx, PS 66, and they're the future 19 of whatever we're deciding here. And they 20 happen to be witnessing, and I'm glad that I 21 have this opportunity while I'm supporting the 22 nominations that I recognize PS 66. 23 Thank you. 24 THE PRESIDENT: Senator Morahan. 25 SENATOR MORAHAN: Thank you,

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(518) 371-8910 1 Madam President. 2 I too rise in support of the 3 nominations, in particular Dr. Edward McMahon 4 for the Rockland Psychiatric Center Board of 5 Visitors. 6 But as to the point raised by some 7 of my colleagues as to the length and the 8 appropriateness of making appointments with an 9 outgoing governor, let me just point out that 10 these terms would go even beyond the new 11 governor who comes in here January 1st, 12 Governor Faso. 13 So I tend to think that it's 14 designed that way so that governors won't have 15 supercontrol over those agencies or those 16 appointees, because they are generally beyond 17 any governor's term. Even those that are 18 being appointed today will go beyond the next 19 governor's terms, unless there's a dynasty 20 where the person is elected three or four 21 times. 22 So that's by design that those 23 appointments go beyond the gubernatorial 24 nominations and this confirmation process, so 25 they will not be under the control or the

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(518) 371-8910 1 influence of anyone and that they can do the 2 job with their best will, their best effort, 3 and free of any political pressure. 4 Thank you, Madam President. 5 THE PRESIDENT: Senator Maltese. 6 SENATOR MALTESE: Madam 7 President, I rise in favor of all the nominees 8 and wish to comment that, aside from the 9 objection of some of my esteemed colleagues as 10 to the length of the terms, this is set forth 11 in the constitution and this is something that 12 assures the continuity of government for both 13 parties and is something I think that should 14 be lauded rather than criticized. 15 I rise especially to commend the 16 Governor on his nomination of Peter Kalikow as 17 chairman of the Metropolitan Transportation 18 Authority. Earlier today I had the privilege 19 of being at the hearing held by the Finance 20 Committee for Mr. Kalikow. 21 As a majority member representing a 22 portion of the City of New York, I deal on an 23 almost daily basis with the transit system, 24 the Metropolitan Transportation Authority -- 25 buses, subways bridges -- and do want to

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(518) 371-8910 1 commend Mr. Kalikow on his expert stewardship. 2 The fact that 9/11 passed without a single 3 fatality, and the evacuation of the subway 4 systems despite difficulties with 5 communication were handled so efficiently. 6 But I think, even in addition to 7 that, the fact that we in Queens County have 8 passed through a period where private lines 9 were taken over by the Metropolitan 10 Transportation Authority and the fact that 11 this was done with a minimum of complaints. 12 But I think more important for my 13 constituents and the constituents in the City 14 of New York is the fact that we can readily 15 reach officials, high officials, reaching 16 right up to Mr. Kalikow, when we have 17 difficulties or problems. And I must say that 18 they proceed very quickly to alleviate or 19 correct problems that we have. And I think 20 this is laudatory. 21 I also want to commend a steward 22 who has led a system with over 70,000 23 employees, a system involving billions and 24 billions of dollars through a period that has 25 never taken place before in the history of the

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(518) 371-8910 1 city, where equipment is literally being 2 replaced en masse and almost completely. And 3 I think this is done with an eye toward 4 economy, an eye toward efficiency, and done as 5 expeditiously and as efficiently as possible. 6 So I rise to commend the Governor 7 for his appointment and to commend Mr. Kalikow 8 for what he has achieved thus far and 9 hopefully will achieve in the future. 10 I vote aye. 11 THE PRESIDENT: Senator LaValle. 12 SENATOR LaVALLE: Thank you, 13 Madam President. 14 I rise also to compliment the 15 Governor on the nominees. The nominees in 16 higher education were excellent and went 17 through the Higher Ed Committee with unanimous 18 approval. 19 But I rise here today to speak on 20 the nomination of Peter Kalikow, as did 21 Senator Maltese. 22 And this nominee is truly one of 23 the great leaders that we've had in the 24 position as chairman of the Metropolitan 25 Transportation Authority. He has shown

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(518) 371-8910 1 leadership after the 9/11 crisis. He has 2 shown that the monies that have been raised 3 for capital in improving the system have been 4 used. Legislation that we passed on public 5 authorities, the MTA was one of the first 6 authorities to move forward towards greater 7 transparency, establishing a code of ethics. 8 And you could go on and on and on. 9 But one of the things that I think 10 I was really touched when Chairman Kalikow 11 appeared before the Finance Committee was the 12 fact that he talked about not only the 13 accomplishments but those things that needed a 14 greater effort to accomplish the goal. And 15 also his commitment to the employees, the 16 70-plus-thousand people that work for the MTA. 17 So I think he is a true leader and 18 we are very fortunate to have him in his 19 capacity. 20 Thank you, Madam Chairman. 21 THE PRESIDENT: Senator Skelos. 22 SENATOR SKELOS: Thank you, Madam 23 President. 24 I join and congratulate the 25 Governor in renominating Peter Kalikow as

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(518) 371-8910 1 chairman of the MTA. 2 Serving on the MTA Capital Review 3 Board, I've had the pleasure to work with 4 Chairman Kalikow on so many critical 5 mass-transportation issues, whether it's for 6 the subway system, the Metro North, or the 7 Long Island Railroad. 8 And I think we've seen under his 9 tenure, and quite frankly under all the 10 chairmen appointed by Governor Pataki, 11 tremendous understanding of the need for 12 improving the infrastructure of our 13 mass-transportation system in the downstate 14 region and also an understanding that service 15 is critically important for all, because this 16 is a matter of quality of life. 17 We've had our disagreements at 18 times, but at no time can I say that Chairman 19 Kalikow has shut me down and not listened to 20 what my opinion has been. We've agreed 21 sometimes, we've disagreed sometimes, but 22 that's healthy. Because I believe that in the 23 end, for the ridership, whether it's on the 24 rails or the subway system in the city or our 25 bus system, that there's been tremendous

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(518) 371-8910 1 amount of progress, and I'm hopeful through 2 his continued tenure. 3 And I think it's important that he 4 stay on as chairman so that many of these 5 projects will be seen through with his 6 experience and knowledge to make sure our 7 transit system, which was neglected for years 8 many years ago, will not be neglected in the 9 future and that we will have a 10 state-of-the-art mass transit system, whether 11 it's Long Island, Metro North, or the subway 12 system, but also a secure, a secure system. 13 And I know that Chairman Kalikow 14 has been deeply involved in this, in making 15 sure that our constituents, those who ride the 16 subways, those who ride the trains who are so 17 dependent upon it will be riding in a secure 18 system. 19 So this is not a time for change. 20 This is a time for the continued steady 21 leadership of Chairman Kalikow. So I'm 22 honored to be supportive of his renomination. 23 THE PRESIDENT: Senator 24 Hassell-Thompson. 25 SENATOR HASSELL-THOMPSON: Thank

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(518) 371-8910 1 you, Madam President. 2 On behalf of Senator David 3 Paterson, I have been asked to register a no 4 vote on all of the candidates. 5 THE PRESIDENT: The record will 6 so reflect. 7 SENATOR HASSELL-THOMPSON: Thank 8 you, Madam President. 9 THE PRESIDENT: Senator Larkin. 10 SENATOR LARKIN: Madam President, 11 thank you. 12 I just witnessed what I consider a 13 disgrace. I looked at all of these candidates 14 and many of these candidates are in positions 15 of trust, responsibility, and commitment. 16 They serve, many without any remuneration, and 17 the remuneration they get is trying to make 18 something happen in our great state, something 19 that will be of benefit to all the residents 20 of this state. 21 And to just arbitrarily say we 22 don't want them -- where were all the votes, 23 where were all the people talking about these 24 individuals since their names first arose for 25 nomination? What message do we say to those

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(518) 371-8910 1 individuals coming down the line? 2 And everybody worrying about a next 3 governor -- why don't we worry about today? 4 Maybe we ought to take a step back in life and 5 realize that on Sunday it will be 56 years 6 since North Korea invaded South Korea, and 7 many young Americans -- here we have an 8 opportunity to see democracy in action, 9 because people came forward, said yes, you 10 want me, I'll serve. 11 But what are we are saying to the 12 next group? Don't be a fool and apply to do 13 that, because they're going to tar and feather 14 you? For what? Because you're a good 15 citizen? Because you're a business? Because 16 you're a judge or a lawyer or what you might 17 be? 18 For me, I say thank you very much. 19 I appreciate the fact that many of you have 20 come here to witness your confirmation and 21 you'll walk out of here with the thought of 22 that's pretty darn nice, somebody stands up 23 and says none of you are any good. 24 I don't believe that. I thank you 25 for your service. And I will vote yes.

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(518) 371-8910 1 THE PRESIDENT: The question now 2 is on the confirmation of all the nominees 3 as -- Senator Krueger would like to be heard 4 first. 5 Senator Krueger. 6 SENATOR LIZ KRUEGER: Thank you, 7 Madam President. 8 I rise to clarify that there are 9 several nominees that I will be voting no for 10 and the reasons why. 11 I will be voting no for 12 Mr. Kalikow, not out of lack of respect for 13 the work that he does. But in committee, when 14 the question was asked "If the next governor 15 asks you to step down as the chair of the MTA, 16 will you?" his answer was no. 17 And while I respect the importance 18 of independence of people who are appointed to 19 boards, I frankly think that there has been so 20 much information out there on the need to 21 reform our public authorities, on the need to 22 find a new path for many of our authorities, 23 to hold them more accountable, that it is 24 critical that the new governor, whoever they 25 may be, has the ability to choose to change

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(518) 371-8910 1 leadership of such critical public authorities 2 as the MTA. 3 And the new governor, whoever they 4 are, may choose not to ask for a resignation 5 of any given chair of a public authority. But 6 I was not comfortable with that answer, and so 7 I will be voting no on Mr. Kalikow. 8 I will also be voting no on 9 Mr. Strasburg for the chairperson of SONYMA, 10 because for the record -- and I have written 11 this in a letter to the Governor -- I do not 12 believe that paid registered lobbyists should 13 serve on public authority boards whether or 14 not they are paid in that position. 15 And I believe that the Governor's 16 own Millstein Commission report that came out 17 just about a month ago concluded the same 18 analysis, that the rules of New York State 19 should be clarified and that if you are a paid 20 registered lobbyist, which is a valuable and 21 important job, you should not also be making 22 decisions on public authority boards about how 23 the state's money is being used. 24 I will also be voting no on the 25 renomination of Mr. Gargano to the Port

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(518) 371-8910 1 Authority of New York and New Jersey. 2 Thank you, Madam President. 3 THE PRESIDENT: Senator Savino. 4 SENATOR SAVINO: Thank you, Madam 5 President. 6 I rise today to let the record 7 reflect that while I am voting in favor of the 8 vast majority of the nominees here today, and 9 I want to pay particular attention to two 10 judges, Judge Ajello from Staten Island and 11 Judge -- 12 THE PRESIDENT: Senator, the 13 judges have not been nominated yet. 14 SENATOR SAVINO: Okay, thank you. 15 I do want to rise, though, and 16 voice my objection to the point of Peter 17 Kalikow as chair of the MTA. 18 The MTA serves the needs of 19 millions of New Yorkers every day, and the 20 appointment properly belongs with the next 21 governor, whoever that person may be. 22 In Italian we have a expression 23 that translates to "the fish stinks from the 24 head." And this agency certainly is in 25 disarray and has been for a long time.

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(518) 371-8910 1 In 2001 the Comptroller of the 2 State of New York, Alan Hevesi, found that the 3 MTA hid more than a half a billion dollars 4 from the public by keeping two sets of 5 financial plans, one public and one secret. 6 More than five years after 9/11, the MTA still 7 lacks an antiterrorism plan. In fact, their 8 own surveillance plan system will not be 9 operational for another two and a half years. 10 More than 2 million people ride the 11 subways every day, and yet the MTA cannot 12 figure out to how to keep the subway system 13 from flooding, as it did last week, 14 inconveniencing millions of New Yorkers. 15 I represent Staten Island, the most 16 underserved county by the MTA, and people who 17 have the longest commute of any in the 18 country. Peter Kalikow is responsible for the 19 failures of the MTA to Staten Island, and as a 20 result he does not deserve to be renominated. 21 So I am objecting to his 22 reappointment, and I want the record to 23 reflect that. 24 THE PRESIDENT: Senator Parker. 25 SENATOR PARKER: Madam President,

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(518) 371-8910 1 on the nominations. 2 While I also am rising to actually 3 confirm most of the nominations, I do have 4 some objections to a few people, including 5 Joseph Strasburg, Peter Kalikow, Gerard 6 Kassar, and Joseph Gargano. And I want to 7 vote no on those particular nominations. 8 I do share some of my colleagues' 9 concerns that some of these nominations are 10 far too long. 11 I think that, in reference to 12 Senator Larkin's comments, that in fact this 13 is the height of democracy, that in fact the 14 whole idea that you can have a dissent over 15 something and it can still go through and 16 pass, but that there isn't a tyranny of the 17 majority and in fact there can be some voices 18 that dissent and should be on the record as 19 dissenting. 20 And representing the people of my 21 district, I note that the votes that I'm 22 casting here today are what they would want. 23 It is reflective of the issues and the 24 concerns of those people that I represent and, 25 I think, frankly, the vast majority of the

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(518) 371-8910 1 people of the State of New York. 2 That being as it may, I want to 3 again agree with my colleagues who have said 4 that the incoming governor, no matter who it 5 is, should in fact have an opportunity to put 6 his imprint on the government by in fact 7 having opportunities to appoint people at 8 least sometime in their term. To have people 9 who are going to even go beyond the term of 10 the incoming governor doesn't seem right, 11 correct, fair or transparent. And so for 12 those reasons, I'm going to be voting no. 13 As relates to particularly the 14 nomination of Peter Kalikow, who I think 15 overall has done a great job, I think that 16 it's time for some new leadership there. 17 As I indicated to him in the 18 Finance Committee, I was, as the son of a 19 retired MTA worker, highly disappointed in how 20 the negotiations were handled this December. 21 I think that it is time to bring some folks in 22 who are going to come to this process with 23 some fairness, with some sincerity, and people 24 who are going to negotiate with goodwill. And 25 so I'm going to be voting no on that

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(518) 371-8910 1 nomination. 2 Thank you. 3 THE PRESIDENT: Senator Sabini. 4 SENATOR SABINI: Thank you, Madam 5 President. 6 I'm going to be voting aye on most 7 of the appointments. I just want to reflect 8 the record of my colleagues on the 9 Transportation Committee in the minority. 10 Since I serve as ranker, I want to reflect 11 their opinion as well. 12 I think the renomination of 13 Chairman Kalikow is one that I have to 14 question. I think he's been a quintessential 15 New Yorker. He's actually done things for the 16 system against the wishes of the 17 administration and has been sometimes a friend 18 of the ridership. I wish the strike was 19 handled a little differently, especially the 20 weeks leading up to the strike. But I 21 subscribe to the comments that Senator Krueger 22 made that perhaps the new governor should have 23 some say in running what is one of the most 24 critical authorities that we have. 25 You know, we're always complaining

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(518) 371-8910 1 in this house, both sides of the aisle, that 2 the authorities are out of control. And I 3 think the appointment is too long, into two 4 terms of the next governor, to stand up. 5 I would prefer if Mr. Kalikow would 6 say that he'd like to work with the new 7 governor and perhaps work out an arrangement 8 where, if the new governor had some other 9 plans, that that could be worked out, because 10 I think Mr. Kalikow is a reasonable man. 11 But from what transpired at the 12 Finance Committee, and to reflect the wishes 13 of my colleagues on Transportation, I'm going 14 to be voting no on his renomination. Again, 15 not specifically for his stewardship, which I 16 think has been mostly for the good, except 17 pre-strike time, but also because I think the 18 term is too long and is not really where we 19 want to go in changing the way our authorities 20 are run. 21 So I'll be voting yes on all except 22 that one. Thank you. 23 THE PRESIDENT: Senator 24 Schneiderman. 25 SENATOR SCHNEIDERMAN: Thank you,

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(518) 371-8910 1 Madam President. 2 I really just want to call 3 attention to two things. The first is the 4 fact that, as indicated by Senator 5 Hassell-Thompson, our leader, David Paterson, 6 is making a statement of voting no for all of 7 the nominees. And I think it's important to 8 understand that this is not meant a criticism 9 of the individual nominees, although there may 10 be some individual issues. 11 The point is very simply this. The 12 governor has the power to make appointments. 13 Some are for terms of years that go into the 14 next governor's administration. But the point 15 that we're trying to make today is that the 16 exercise of power requires the exercise of 17 discretion, and that in our view discretion 18 must be exercised in a different way. 19 The effort in particular to appoint 20 people to more than one term, which the 21 Governor has undertaken in this process, is 22 completely objectionable and in my view, and 23 Senator Ada Smith mentioned this before, 24 unconstitutional. 25 But the key policy-making positions

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(518) 371-8910 1 that the Governor is seeking to fill here at 2 the very end of the legislative session, with 3 87 nominations sailing through Finance -- and 4 by the end of the week we're probably going to 5 act on more than 100 appointments -- this is 6 not the way to do things. This is not the 7 right way to do things. 8 The point is that if we're ever 9 going to reform ourselves, if we're ever going 10 to rise out of this rubber-stamp role, we have 11 to do things differently. The nominees are to 12 critical positions. They need to be 13 considered on an individual basis. And there 14 has to be more openness and debate in the 15 Senate. 16 Our power of confirmation is one of 17 our most serious responsibilities, and I think 18 in the view of many of us here we're not 19 exercising that responsibility in a proper 20 manner with this group of nominees. 21 In particular, I personally have to 22 note my old and respected adversary, 23 Mr. Kalikow, as in my capacity as lawyer for 24 the Straphangers Campaign, long before I was 25 in the Senate, I've had the opportunity to be

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(518) 371-8910 1 in litigation with the MTA quite a few times. 2 And I would like to remind my colleagues here 3 of several things that I think would indicate 4 that perhaps a new governor wants to take a 5 new direction and have a new chairman of the 6 MTA and a new board of the MTA. 7 The first is the effort that was 8 undertaken in 2001 to close token booths, 9 without hearings, which we had to go to court 10 to stop because the MTA was required by law to 11 hold hearings before putting the public at 12 risk by eliminating the number-one safety 13 feature in the system, which is token-booth 14 clerks with emergency response systems. And 15 I'm sure that -- we did, actually, we won that 16 case, so we ended up not getting the token 17 booths closed. 18 The second, which was referred to 19 by Senator Savino and others, was the question 20 in 2002 of the MTA coming out with public 21 records saying they had a $600 million deficit 22 and then within a week changing -- as soon as 23 the election was over, actually, in 2002 -- 24 changing it and all of a sudden there was 25 another half-billion-dollar deficit.

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(518) 371-8910 1 And that was the maneuvering that 2 led both Bill Thompson, the New York City 3 comptroller, and Alan Hevesi, the state 4 comptroller, to assert publicly that the MTA 5 was keeping two sets of books. 6 We won that in the district court; 7 we lost in the appellate division. But the 8 city comptroller, Mr. Thompson, said of that 9 decision that, quote: "It's fine to lie, 10 according to this court." And it's not fine 11 to lie. I think the MTA can do better. 12 I will say that Mr. Kalikow and 13 Katie Lapp, under his authority, have made 14 significant progress. It's much easier for 15 those of us who are critics of the system to 16 understand where the money is being hidden 17 now. It's still being hidden, but it's being 18 hidden with a great deal more transparency. 19 And I do think that there has been progress 20 made. I don't mean to suggest that this is an 21 entirely objectionable administration. 22 But I would suggest that the MTA 23 does need new leadership. We can do better. 24 And again, the point that my colleagues keep 25 coming back to is this. You have to use some

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(518) 371-8910 1 restraint and discretion when you're talking 2 about having the dead hand of an old 3 administration limiting the ability of the new 4 administration to act. There is a reason for 5 there to be terms of years and for some 6 appointees not to serve at the pleasure of the 7 governor. 8 But this requires some restraint. 9 Eighty-seven appointments rolling out of 10 Finance today, coming to the floor, is not the 11 way to do business. This is the kind of 12 procedure that has people thinking that Albany 13 is dysfunctional, we don't listen to the 14 people, that the Legislature can be a rubber 15 stamp at times. 16 Let's not play into that. Let's 17 consider this more carefully. Let's do it 18 differently, and let's let the new governor 19 choose who he wants in his key policy-making 20 roles. 21 And as Senator Smith has pointed 22 out, there are people whose terms haven't even 23 expired who we could leave for the new 24 governor who would serve as recess 25 appointments if we would leave it for the new

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(518) 371-8910 1 governor. 2 I am going to be voting no on 3 Mr. Kalikow's appointment. I will not be 4 voting no on all the other appointments. But 5 I just wanted to explain why some of my 6 colleagues will be speaking out right now, 7 later today, and as the week goes on, on the 8 issue of how we proceed with appointments. 9 Thank you, Madam President. 10 THE PRESIDENT: Senator Stavisky. 11 SENATOR STAVISKY: Yeah, very 12 briefly. 13 Let me add one other point that has 14 me troubled. And I don't think it concerns 15 any of today's appointments but, rather, 16 appointments for the future. We have some 17 very, very fine nominees coming up later in 18 the week, and this is in no way directed 19 toward them. 20 I am troubled, though, when the 21 Mayor and the Governor appoint members of 22 their staff to various boards and commissions 23 and so forth. 24 I think this is -- this has been 25 going on for a number of years, quite a while.

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(518) 371-8910 1 I think it's wrong. And I wish the record to 2 so reflect that I think they ought to go 3 beyond their office. 4 The problem as far as I'm concerned 5 is one of accountability. To whom is the 6 person accountable, the person who signs their 7 paycheck or the people whom they are supposed 8 to serve? 9 Thank you, Madam President. 10 THE PRESIDENT: Senator Johnson. 11 SENATOR JOHNSON: I find it very 12 interesting to see that the quality of the 13 nominees is not in question, but the ability 14 of a supposed future governor who may object 15 to not having the opportunity to appoint these 16 members himself. 17 John Faso never complained to me 18 about it, and I don't know why Eliot Spitzer 19 is complaining to them about it. He's saying 20 these positions because they want to fill 21 those positions. Well, that's not 22 appropriate. 23 This governor has the authority to 24 make these nominations, and we act upon those 25 appropriately and confirm them if we have the

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(518) 371-8910 1 numbers, which I'm sure we do, and that's the 2 end of the argument. 3 Move the nominations. 4 THE PRESIDENT: The question now 5 is on the nominees' confirmation as read last 6 by the Secretary. All in favor of the 7 confirmations please signify by saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (Response of "Nay.") 11 THE PRESIDENT: The nominees are 12 hereby confirmed. 13 I'd like also to recognize and 14 acknowledge that Peter S. Kalikow with us this 15 afternoon. 16 Congratulations, Mr. Kalikow, to 17 you and to all of the nominees who were just 18 confirmed. Best wishes. 19 (Applause.) 20 THE PRESIDENT: The Secretary 21 will continue to read. 22 THE SECRETARY: As chairman of 23 the State Athletic Commission, Ronald 24 Rabinowitz, Esquire, of Brooklyn. 25 SENATOR JOHNSON: Move the

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(518) 371-8910 1 nomination. 2 THE PRESIDENT: Senator Farley. 3 SENATOR FARLEY: Yes, I've 4 already spoken to ease the way for Ron 5 Rabinowitz, who's better known as Ron Stevens, 6 as our boxing commissioner and for the State 7 Athletic Commission. 8 Incidentally, as I said before, we 9 have a number of boxers in this chamber. 10 Senator Balboni, I don't know if he's still 11 here -- there he is. And also Senator Bruno, 12 who was undefeated. And Senator Marchi, who 13 once sparred or boxed with Gus Lesvenich. Am 14 I right on that? And I used to take a few 15 punches too. 16 But let me say that Ron Rabinowitz, 17 who's better known as Ron Stevens, is truly an 18 asset to the Boxing Commission and recognized 19 nationally as an outstanding commissioner, and 20 it is with enthusiasm that I support his 21 nomination. 22 THE PRESIDENT: All in favor of 23 the nomination of Ronald Rabinowitz, Esquire, 24 of Brooklyn, as chairman of the State Athletic 25 Commission for a term please signify by saying

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(518) 371-8910 1 aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (Response of "Nay.") 5 THE PRESIDENT: The nominee is 6 hereby confirmed. And we wish him the best. 7 (Applause.) 8 THE PRESIDENT: And he is here 9 with us this afternoon. Congratulations, and 10 best wishes to you. 11 Senator Fuschillo. 12 SENATOR FUSCHILLO: Madam 13 President, may we please return to the order 14 of motions and resolutions and adopt the 15 Resolution Calendar, with the exception of 16 Resolutions 5875, 6068, 6120, and 6135. 17 THE PRESIDENT: Motions and 18 resolutions. 19 All in favor of so adopting the 20 Resolution Calendar please signify by saying 21 aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Opposed, nay. 24 (No response.) 25 THE PRESIDENT: The Resolution

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(518) 371-8910 1 Calendar is so adopted. 2 Senator Fuschillo. 3 SENATOR FUSCHILLO: Madam 4 President, there's a Resolution 5875 at the 5 desk, by Senator Breslin. May we please have 6 it read in its entirety and move for its 7 immediate adoption. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: By Senator 11 Breslin, Legislative Resolution Number 5875, 12 paying tribute to the life and distinguished 13 career of Detective Kenneth P. Wilcox. 14 "WHEREAS, It is the sense of this 15 Legislative Body to convey its heartfelt 16 regret in recognition of the loss of a police 17 officer who dedicated his purposeful life and 18 career in faithful service to his family, 19 community, and the Albany Police Department; 20 and 21 "WHEREAS, Detective Kenneth P. 22 Wilcox, of Colonie, New York, died on 23 Wednesday, April 26, 2006, at the age of 39; 24 and 25 "WHEREAS, Known to many as K-Will,

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(518) 371-8910 1 Kenneth P. Wilcox joined the Albany Police 2 Department in 1988 as a patrol officer. He 3 lived his life with great dignity and genuine 4 grace, always demonstrating a deep and 5 continuing concern for the welfare of others, 6 and, in doing so, he inspired others to do the 7 same; and 8 "WHEREAS, One of the department's 9 most decorated detectives, Kenneth P. Wilcox 10 proved to be an invaluable asset to the Albany 11 Police Department. In 1994, he was awarded 12 the key to the City of Albany for rescuing a 13 baby from a burning building. Furthermore, he 14 joined the crisis negotiation team and earned 15 the department's Combat Cross for heroism in 16 1996, and also established a local chapter of 17 the National Black Police Association; and 18 "WHEREAS, Recognized in the 19 community as a caring and compassionate man, 20 Detective Kenneth P. Wilcox was always present 21 to lend a helping hand and offer a genuine 22 smile, treating all those he came in contact 23 with with dignity and respect; and 24 "WHEREAS, Detective Kenneth P. 25 Wilcox's record of unimpeachable fairness will

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(518) 371-8910 1 endure as an inspiration and living legacy to 2 all who had the privilege and honor of knowing 3 him; and 4 "WHEREAS, The family of Detective 5 Kenneth P. Wilcox -- including his wife, 6 Phillippa Garland-Wilcox; daughter, Phiana; 7 parents, Raymond, Sr., and Sarah; in-laws, 8 Benjamin and Jeanette Garland; brothers, 9 Raymond, Jr., and Ricky; sisters, Carolyn and 10 Amy; and many aunts, uncles, nieces and 11 nephews -- as well as the members of the 12 Albany Police Department, have lost an eminent 13 father, police officer and friend. He was 14 recognized as a pillar within his home 15 community of Albany County and will be greatly 16 missed by many; now, therefore, be it 17 "RESOLVED, That this Legislative 18 Body pause in its deliberations to pay tribute 19 to the life and distinguished career of 20 Detective Kenneth P. Wilcox, recognizing his 21 loving labors and purposeful life, and 22 conveying its sincere condolences to his 23 family and friends; and be it further 24 "RESOLVED, That a copy of this 25 resolution, suitably engrossed, be transmitted

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(518) 371-8910 1 to the family of Kenneth P. Wilcox." 2 THE PRESIDENT: Senator Breslin. 3 SENATOR BRESLIN: Thank you, 4 Madam President. 5 This past April, when we lost 6 Detective Ken Wilcox, we lost someone who was 7 so valued by the Albany Police Department, who 8 had spent over half of his relatively short 9 life on the police department. 10 And his loss obviously is greatest 11 to his family, who's here -- his wife, 12 Phillippa; his daughter, Phiana; his mother, 13 Sarah; his other relatives and friends who are 14 here with us -- to his Albany police 15 community; to our mayor, Jerry Jennings; to 16 our police chief, Jim Tuffey; to his friends 17 and fellow policemen; and to the entire city 18 of Albany. 19 It seemed as though his personality 20 permeated the police department. You know, 21 from starting the national police chapter 22 here, National Black Police chapter here, to 23 getting Policeman of the Year, to the other 24 awards. When you would pick up the paper and 25 there would be a major investigation, and who

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(518) 371-8910 1 would be right in the center: Detective 2 Wilcox. 3 And I think probably the most 4 important thing -- and I've had a number of 5 conversations with his good friend El-Wise, 6 who works here in the Senate and is deeply 7 saddened by the loss. But when you talk to 8 El-Wise and others, you find out the real 9 value of a Ken Wilcox. And that was his role 10 as a role model -- throughout the Albany 11 community, but in particular in the black 12 community. That he served as a role model for 13 the young. He served as a role model for 14 things can and will be better. 15 And we will never, ever get over 16 the loss of Ken Wilcox. He is a role model 17 that we all should treasure, we all should 18 emulate. And we take this day to honor his 19 memory. 20 Thank you, Madam President. 21 THE PRESIDENT: All in favor of 22 the resolution please signify by saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

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(518) 371-8910 1 THE PRESIDENT: The resolution is 2 adopted. 3 And you have our deep sympathy for 4 a tremendous personal loss as well as a 5 tremendous community loss. 6 Senator Fuschillo. 7 SENATOR FUSCHILLO: Madam 8 President may we return to reports of standing 9 committees and take up the Judiciary report. 10 THE PRESIDENT: Reports of 11 standing committees. 12 The Secretary will read. 13 THE SECRETARY: Senator 14 DeFrancisco, from the Committee on Judiciary, 15 reports the following nominations. 16 As a judge of the Court of Claims, 17 Catherine M. Bartlett, of Goshen. 18 THE PRESIDENT: Senator 19 DeFrancisco. 20 SENATOR DeFRANCISCO: Thank you, 21 Madam President. 22 We had 17 judicial nominees in the 23 Judiciary Committee today. If there are 24 Senators out there that want to speak on these 25 nominations, I would appreciate if they would

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(518) 371-8910 1 come to chambers. 2 Each of these 17, we reviewed their 3 submittals to the Governor's office, we 4 reviewed all the materials provided for them 5 and on their behalf. They appeared before the 6 committee and they were unanimously 7 recommended to come before the full Senate for 8 confirmation. 9 And as to the first nominee, 10 Catherine M. Bartlett, of Goshen, as a judge 11 of the Court of Claims, I would move the 12 nomination and request that you call on 13 Senator Larkin to second the nomination. 14 Apparently Senator Larkin is not 15 here. He didn't hear my voice over the 16 intercom. But we'll wait a moment because he 17 can't be too far. 18 THE PRESIDENT: Senator Larkin. 19 SENATOR LARKIN: Thank you, Madam 20 President. 21 I stand here to nominate Catherine 22 Bartlett to the Court of Claims. 23 I have known Cathy for 15 years. 24 She's a distinguished woman, Madam President. 25 She is a credit to her community. She is a

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(518) 371-8910 1 credit to the profession. She is a credit to 2 the bench that she's been sitting on as a town 3 judge and now at the Court of Claims. 4 Cathy is the type of an individual 5 who brings to the court the realism of what 6 the case is all about, the realism about the 7 life that we face today, and she adjudges 8 those issues with honesty, sincerity and 9 dedication. 10 I could stand here for another 30 11 minutes, Madam President, and tell you all the 12 things that she does for our community. But 13 there are a lot of other people here would 14 like to speak on their judges. 15 But I just want to say when the 16 Governor nominated Cathy Bartlett, he made 17 sure that that round peg went into the round 18 hole, because Cathy is second to none in her 19 knowledge of the court system and her ability 20 to make decisions that are in the best 21 interest of all the people of the State of New 22 York. 23 Thank you, Madam President. 24 THE PRESIDENT: Senator Bonacic. 25 SENATOR BONACIC: Thank you,

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(518) 371-8910 1 Madam President. I also rise in support of 2 the confirmation of Catherine Bartlett. 3 When the Governor first proposed 4 her name, I believe last year, I talked about 5 all of her qualities, why she would be an 6 excellent judge, having followed her career 7 for many, many years. Now everyone in the 8 State of New York knows that she conducts 9 herself in an exemplary and professional way, 10 and we in Orange County are very proud of her. 11 Thank you very much, Madam 12 President. 13 THE PRESIDENT: Senator Morahan. 14 SENATOR MORAHAN: Thank you, 15 Madam President. I too rise in support of the 16 nomination and the effort to confirm Catherine 17 Bartlett, from Orange County. 18 She currently serves, she was 19 appointed last year. It was a great 20 appointment by the Governor. She has served 21 in great stead as a Court of Claims judge, and 22 she's substituted for Supreme Court. She's 23 done it all in a fantastic way. 24 She's a credit to the profession, a 25 credit to the judiciary, and I am happy to

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(518) 371-8910 1 second her nomination and confirmation. 2 Thank you, Madam President. 3 THE PRESIDENT: All in favor of 4 the nomination of Catherine M. Bartlett as a 5 judge of the Court of Claims please signify by 6 saying aye. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed, nay. 9 (No response.) 10 THE PRESIDENT: The nominee is 11 hereby confirmed. 12 I know Judge Bartlett, of her 13 excellence, and this is a well-deserved 14 tribute and accomplishment. Best wishes. 15 (Applause.) 16 THE PRESIDENT: The Secretary 17 will continue to read. 18 THE SECRETARY: As a judge of the 19 Court of Claims, Russell P. Buscaglia, of 20 Grand Island. 21 THE PRESIDENT: Senator 22 DeFrancisco. 23 SENATOR DeFRANCISCO: I would 24 move the nomination of Russell P. Buscaglia as 25 a judge of the Court of Claims and request

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(518) 371-8910 1 that you recognize Senator Rath, who is 2 seconding the nomination. 3 SENATOR RATH: Thank you, Madam 4 President. 5 I rise to second the nomination of 6 Judge Russell Buscaglia to the Court of Claims 7 and congratulate the Governor on the wisdom of 8 his choice. 9 Judge Buscaglia is held in 10 extremely high regard and respect by both the 11 bench and the bar in Western New York. He's a 12 conscientious, dedicated judge, and I'd like 13 to congratulate him on the nomination. 14 Thank you. 15 THE PRESIDENT: All in favor of 16 the nomination of Russell P. Buscaglia, of 17 Grand Island, as a judge of the Court of 18 Claims please signify by saying aye. 19 (Response of "Aye.") 20 THE PRESIDENT: Opposed, nay. 21 (No response.) 22 THE PRESIDENT: The nominee is 23 hereby confirmed. 24 Congratulations, and best wishes. 25 He is here today with Sue Intihar.

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(518) 371-8910 1 And Judge Bartlett is accompanied 2 by her husband, William L. DeProspo. 3 Congratulations, and best wishes. 4 (Applause.) 5 THE PRESIDENT: The Secretary 6 will continue to read. 7 THE SECRETARY: As a judge of the 8 Court of Claims, Francis T. Collins, of 9 Saratoga Springs. 10 THE PRESIDENT: Senator 11 DeFrancisco. 12 SENATOR DeFRANCISCO: Madam 13 President, I move the nomination of Francis T. 14 Collins for the Court of Claims position for 15 which he's been nominated. And I'd ask you to 16 call on Senator Farley to second the 17 nomination. 18 THE PRESIDENT: Senator Farley. 19 SENATOR FARLEY: Thank you, 20 Senator DeFrancisco. 21 Actually, I'm substituting for 22 Senator Bruno, who has known Timmy Collins, 23 Francis Timothy Collins, and I think thinks of 24 him almost like a son. 25 Timmy Collins is a graduate, if you

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(518) 371-8910 1 will, of our house. He has worked for the 2 chairman of the Elections Committee, who was 3 Senator Bruno, and also for the Standing 4 Committee on Commerce and Economic 5 Development, which was Senator Bruno, in small 6 business, and he was the executive counsel to 7 Senator Bruno. 8 Now, Senator Bruno and I share the 9 city of Saratoga Springs, where I think Timmy 10 lives. I don't know whether he's in my 11 district or Joe's -- probably Joe's. Senator 12 Bruno has asked me to second his nomination. 13 You know, Tim Collins has served in 14 one of the most difficult jobs that you can 15 find here -- saying no, doing many things for 16 the Majority as the executive counsel -- and 17 he did it with not only distinction but with 18 grace. I've never known anybody that ever had 19 a bad word to say against Tim Collins. A real 20 gentleman, a fine judge. 21 And, you know, so often -- and I 22 think our President knows this so well, one of 23 the most important things about any judge is 24 judicial temperament. And Tim Collins has 25 that temperament which exemplifies the very

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(518) 371-8910 1 best in the judiciary. 2 It's a great deal of pleasure and 3 an honor to see somebody do so well. Timmy, 4 congratulations. We wish you well. 5 THE PRESIDENT: All in favor of 6 the nomination of Francis T. Collins, of 7 Saratoga Springs, as a judge of the Court of 8 Claims please signify by saying aye. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: The nominee is 13 hereby confirmed. 14 Judge Collins, congratulations for 15 another excellent achievement on your part. 16 Best wishes. 17 (Applause.) 18 THE PRESIDENT: The Secretary 19 will continue to read. 20 THE SECRETARY: As a judge of the 21 Court of Claims, Diane L. Fitzpatrick, of 22 Tully. 23 THE PRESIDENT: Senator 24 DeFrancisco. 25 SENATOR DeFRANCISCO: I rise to

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(518) 371-8910 1 move the nomination of Diane Fitzpatrick to a 2 Court of Claims position, and I'd like to 3 speak concerning her for a moment, since she's 4 a constituent and friend of mine. 5 What I think is really important 6 about this nominee is that she came from the 7 trenches. Doing trial work myself, and being 8 involved in the court system when I'm not 9 enjoying myself here, it's a very difficult 10 job. And it's a difficult job on the 11 litigants, the clients, as well as the judges. 12 And I think you get a special 13 appreciation when you're in the trenches as to 14 how people should be treated and how decisions 15 should be made. And Diane Fitzpatrick has 16 that background. 17 She also served as a confidential 18 law clerk for one of the criminal court judges 19 in our community and served extremely well in 20 that position, a very difficult position 21 dealing with criminal cases and the criminal 22 law. 23 But I think probably the most 24 important thing about Diane is that she is 25 fair and she has got impeccable judicial

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(518) 371-8910 1 temperament. No matter what your side is in a 2 case -- unfortunately, I can't appear before 3 Court of Claims judges -- but whatever your 4 side is in the case, you know you're going to 5 be treated fairly and you're going to be given 6 a fair shake. And that's all anyone can 7 expect from a judge. 8 So I'm very, very pleased to move 9 the nomination of Diane Fitzpatrick for a 10 reappointment for another term as a Court of 11 Claims judge. 12 THE PRESIDENT: Senator Meier. 13 SENATOR MEIER: Very briefly, 14 Madam President. 15 Judge Fitzpatrick and I have 16 something in common that's maybe a little 17 unusual. Her husband was my law school 18 roommate. So Judge Fitzpatrick I know -- and 19 actually, from actually having tried a case 20 with her, I know that before going to the 21 bench she was a great lawyer. By her 22 reputation, she is a wonderful judge. And I 23 know from other background and experience 24 personally that she is unfailingly patient. 25 So congratulations, Judge.

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(518) 371-8910 1 THE PRESIDENT: All in favor of 2 the nomination of Diane Fitzpatrick, of Tully, 3 as a judge of the Court of Claims please 4 signify by saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The nominee is 9 hereby confirmed. 10 Judge Fitzpatrick, whom I know both 11 her and her husband personally, I know of your 12 excellence, and this is a great nomination and 13 excellent confirmation. Best wishes for 14 continued success. 15 (Applause.) 16 THE PRESIDENT: Judge Fitzpatrick 17 is accompanied by Janet Higgins. 18 The Secretary will continue to 19 read. 20 THE SECRETARY: As a judge of the 21 Court of Claims, Michael E. Hudson, of 22 Amherst. 23 THE PRESIDENT: Senator 24 DeFrancisco. 25 SENATOR DeFRANCISCO: I move the

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(518) 371-8910 1 nomination of Michael E. Hudson for the Court 2 of Claims position and ask you to please call 3 on Senator Rath to second the nomination. 4 THE PRESIDENT: Senator Rath. 5 SENATOR RATH: Thank you, Madam 6 President. 7 I rise with great pleasure to 8 second the nomination of Judge Michael Hudson 9 for the Court of Claims. 10 Judge Hudson worked with my husband 11 for many years as his court clerk, and I 12 always said made my husband look 13 extraordinarily good as a judge because of the 14 work that Mike Hudson did. He gained the 15 respect of the bench and the bar in those 16 days. And his judicial temperament, his even 17 and constant disposition, and his reputation 18 for fairness is second to none in Erie County. 19 And when Judge Hudson was first 20 nominated a few years ago, there was a former 21 Senator here who had been the chairman of the 22 Judiciary Committee who was reading through 23 the nominees as they were going through at 24 that time. And I don't know that I related 25 this story even to Judge Hudson, but I'm proud

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(518) 371-8910 1 to say here that this former Senator stopped 2 me in the hallway after I had made a seconding 3 speech and said: "Senator Rath, I wish that 4 we saw more and more and more people with the 5 kinds of qualifications that this young man 6 has to serve as a judge in New York State." 7 So I'm proud to be here to second 8 the nomination for Judge Hudson. 9 Congratulations. 10 THE PRESIDENT: All in favor of 11 the nomination of Michael E. Hudson, of 12 Amherst, as a judge of the Court of Claims 13 please signify by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The nominee is 18 hereby confirmed. 19 Congratulations and best wishes to 20 you, Judge Hudson. 21 (Applause.) 22 THE PRESIDENT: Judge Hudson is 23 accompanied by his wife, Dale. 24 The Secretary will continue to 25 read.

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(518) 371-8910 1 THE SECRETARY: As a judge of the 2 Court of Claims, Jill Konviser-Levine, of 3 New York City. 4 THE PRESIDENT: Senator 5 DeFrancisco. 6 SENATOR DeFRANCISCO: I move the 7 nomination of Jill Konviser-Levine for the 8 position of Court of Claims. I'd also like to 9 speak briefly concerning her nomination. 10 I had the pleasure of working with 11 her on a major piece of legislation -- this is 12 a criminal judgeship we're talking about here 13 in the Court of Claims -- and it dealt with 14 Jenna's Law, the law that ended up eliminating 15 parole for violent offenders. She was there 16 from day one when the law was first discussed. 17 In fact, I introduced her to the parents of 18 the victim in Syracuse, New York, when she 19 came with the Governor. A really important 20 bill. 21 And ironically, today, this 22 afternoon, we have the Women of Distinction 23 awards. And ironically, without any 24 forethought, Janice Grieshaber, the mother of 25 the victim, is going to be here today and be

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(518) 371-8910 1 honored as one of the many Women of 2 Distinction in the State of New York. 3 So her qualifications for this 4 position are just impeccable. I'm really 5 pleased that she's been renominated and that's 6 she's going to continue to be a Court of 7 Claims judge. 8 THE PRESIDENT: All in favor of 9 the nomination of Jill Konviser-Levine, of 10 New York City, as a judge of the Court of 11 Claims please signify by saying aye. 12 (Response of "Aye.") 13 THE PRESIDENT: Opposed, nay. 14 (No response.) 15 THE PRESIDENT: The nominee is 16 hereby confirmed. 17 Congratulations, Judge 18 Konviser-Levine, for all of your successes, 19 and best wishes. 20 (Applause.) 21 THE PRESIDENT: The Secretary 22 will continue to read. 23 THE SECRETARY: As a judge of the 24 Court of Claims, Alan C. Marin, of New York 25 City.

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(518) 371-8910 1 THE PRESIDENT: Senator 2 DeFrancisco. 3 SENATOR DeFRANCISCO: I move the 4 nomination of Alan C. Marin to the Court of 5 Claims position for which he is nominated. 6 Judge Marin, soon to be Judge 7 Marin, has impeccable qualifications. He has 8 a broad spectrum of background that will serve 9 well in a civil court judgeship. 10 He's demonstrated fairness, 11 objectivity, and I'm sure he will be a great 12 Judge. And I'm proud to move his nomination. 13 THE PRESIDENT: Senator Connor. 14 SENATOR CONNOR: Yes, Madam 15 President. I rise to second the nomination of 16 Judge Marin for reappointment. 17 Although he lives a few blocks out 18 of my district in Senator Duane's district, 19 I've known Judge Marin for many, many years. 20 He was the counsel to the Assembly Labor 21 Committee and later was special counsel and 22 special counsel for Labor in the Assembly. 23 In certainly my first 16 years in 24 the Senate, when I was the ranking member on 25 the Civil Service and Pensions Committee and

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(518) 371-8910 1 also served on the Labor Committee, and back 2 in the old days when bills were passed on 3 their merits in this house, I and my staff at 4 the time had many, many dealings with Alan 5 Marin. A superb intellect, a fine 6 professional. 7 He has served for these past, I 8 guess, eight or nine years with distinction as 9 a Court of Claims judge. And I urge his 10 confirmation for reappointment to another term 11 as a judge of the Court of Claims. 12 Thank you. 13 THE PRESIDENT: All in favor of 14 the nomination of Alan C. Marin, of New York 15 City, as a judge of the Court of Claims please 16 signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The nominee is 21 hereby confirmed. 22 Congratulations, Judge Marin, and 23 best wishes for continued success. 24 (Applause.) 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will continue to read. 2 THE SECRETARY: As a judge of the 3 Court of Claims, Renee Forgensi Minarik, of 4 Webster. 5 THE PRESIDENT: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: I move the 8 nomination of Renee Minarik for the Court of 9 Claims position and request that you please 10 call on Senator Nozzolio for a second. 11 THE PRESIDENT: Senator Nozzolio. 12 SENATOR NOZZOLIO: Thank you, 13 Madam President. On the nomination. 14 Madam President and my colleagues, 15 I proudly rise to wholeheartedly endorse the 16 nomination for a second term of Judge Renee 17 Minarik to the Court of Claims. 18 Judge Minarik has been an excellent 19 judge, and for many of the reasons that have 20 been described in discussing the entire panel 21 that is being nominated today, each of them 22 bringing a characteristic to the bench that 23 suits the citizens of the state very well in 24 having a broad, diverse background of judges. 25 What is so unique about Renee

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(518) 371-8910 1 Minarik is that she brings to the bench a 2 broad background in state and local government 3 and particularly in local government. 4 Although serving as a regional director of the 5 Department of Environmental Conservation, also 6 as an assistant attorney general at the state 7 level, that she also worked in town 8 government, in local government, and as an 9 elected official in her own right as a county 10 legislator representing Webster, which is the 11 fastest-growing community in Monroe County, 12 representing that constituency in the county 13 legislature. Doing an excellent job in each 14 of the tasks that she has undertaken. 15 We're all very proud of her, her 16 accomplishments, and that this renomination 17 certainly is something that made all the sense 18 in the world. 19 I'd also like to point out another 20 aspect of Judge Minarik that may not be as 21 well known. That's as a graduate of Wells 22 College in Aurora, New York, she has been 23 certainly serving as a role model for 24 graduates of that school and is very active in 25 alumni affairs.

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(518) 371-8910 1 She is a trustee, an alumni trustee 2 on the Wells College board, that she has been 3 involved in many college activities, helping 4 young people from this state and other states 5 who are attending Wells College understand 6 that here is a graduate that has reached one 7 of the highest positions in her field. That 8 is a very important role that Judge Minarik 9 has played. 10 That I'm very proud to second this 11 nomination. She is an excellent judge. And 12 that I know in this next term she will 13 continue to serve this state with distinction. 14 Madam President, I support this 15 nomination. 16 THE PRESIDENT: All in favor of 17 the nomination of Renee Forgensi Minarik, of 18 Webster, as a judge of the Court of Claims 19 please signify by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The nominee is 24 hereby confirmed. 25 Congratulations, Judge Forgensi

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(518) 371-8910 1 Minarik, and best wishes to you. 2 (Applause.) 3 THE PRESIDENT: Judge Minarik is 4 accompanied by her husband, Steve, this 5 afternoon. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: As a judge of the 9 Court of Claims, Richard A. Molea, of 10 Ossining. 11 THE PRESIDENT: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: I move the 14 nomination of Richard A. Molea as a Court of 15 Claims judge, and I request that you call on 16 Senator Leibell for a second. 17 THE PRESIDENT: Senator Leibell. 18 SENATOR LEIBELL: Thank you, 19 Madam President. 20 And I know that our colleague 21 Senator Spano had hoped to be here to speak on 22 this nomination, but unfortunately he's in a 23 meeting right now. 24 I'm very pleased, though, to stand 25 and speak on this, because the judge and I go

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(518) 371-8910 1 way back. We both started out as young 2 lawyers. We were blessed to start with Carl 3 Vergari in the Westchester DA's office. And 4 the judge had a long and distinguished career 5 in that office and served the people of the 6 County of Westchester with great distinction. 7 As well as you know somebody, you 8 sometimes don't know them as completely. And 9 when I saw this resume, I realized how much 10 more extensive the judge's career had been 11 than I even had known. 12 But I'm very pleased to stand up 13 and second this excellent nomination. I know 14 the judge will continue to serve this state 15 with great distinction. 16 THE PRESIDENT: All in favor of 17 the nomination of Richard A. Molea, of 18 Ossining, as a judge of the Court of Claims 19 please signify by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The nominee is 24 hereby confirmed. 25 Congratulations, Judge Molea, and

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(518) 371-8910 1 best wishes. 2 (Applause.) 3 THE PRESIDENT: The Secretary 4 will continue to read. 5 THE SECRETARY: As a judge of the 6 Court of Claims, Michael F. Mullen, of 7 Huntington. 8 THE PRESIDENT: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: I move the 11 nomination of Michael F. Mullen for the Court 12 of Claims and request that you call on Senator 13 Balboni to second the nomination. 14 THE PRESIDENT: Senator Balboni. 15 SENATOR BALBONI: Yes, Madam 16 President. The year was 1986. I was a 17 brand-new counsel to the Senate Judiciary 18 Committee. Didn't know much. Folks might 19 argue that hasn't changed much. And I arrived 20 in the offices of a midtown Manhattan law firm 21 that we were using to go through a whole raft 22 of judges who were going to respond to the 23 crack epidemic. 24 And here I am, this young counsel, 25 I get brought into this room, and I'm given

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(518) 371-8910 1 three judges that I'm going to inquire about 2 as to whether or not they fit the 3 qualifications to become a member of the Court 4 of Claims. And one of them was Michael 5 Mullen. And little did I know what that first 6 meeting would bring about, because I've gotten 7 a chance to follow Judge Mullen's incredibly 8 distinguished career. 9 First of all, he came from this 10 world; he was a former counsel up here in 11 Albany. But he has always applied himself 12 with distinction and with judicial 13 temperament. 14 He's also been a part of some of 15 the major, major cases in the history of 16 Suffolk County. He was with the Lizzie 17 Grubman case, he had that one. Jamal Starks, 18 who had held up an armored car. Farnd Farmer, 19 who served 25 years to life for a horror spree 20 of crime where he hijacked a car full of 21 people, put them in the trunk, and drove them 22 out to a forest and left them for dead. 23 He has also been involved with the 24 case of Faustino Chavez, a murderer; Daniel 25 Cifonelli; and Brian Tuohey and Howard Zeis,

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(518) 371-8910 1 all cases of notoriety, of intense pressure. 2 But this jurist did it with aplomb, 3 understanding, and with great justice and 4 acumen. 5 It is such a pleasure to second the 6 nomination of Judge Mullen. He is a tribute 7 to our bench. 8 THE PRESIDENT: Senator LaValle. 9 SENATOR LaVALLE: Thank you, 10 Madam President. I too rise to second Judge 11 Mullen's nomination. 12 As Senator Balboni indicated, he 13 served here on staff in the Senate, first with 14 Senator B.C. Smith, doing environmental work 15 as counsel, and then for our Senate Majority, 16 under Majority Leader Warren Anderson, where 17 he handled education and higher education. 18 As Senator Balboni indicated, he 19 has truly handled some very, very difficult 20 cases in the Tenth Judicial District, and he 21 has done so with great fairness, great 22 intellect. 23 And there is another aspect of 24 Judge Mullen -- and we chatted a little bit 25 today -- and that is a person who feels he is

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(518) 371-8910 1 very, very fortunate doing what he was meant 2 to do and meant to be, and that is a judge. 3 And he has done an outstanding, 4 outstanding job, and we are very fortunate to 5 have him dealing with the kinds of cases that 6 are very difficult, to use the law, to use the 7 intellect, to use his heart, to use good 8 judgment and fairness. 9 And I wish you good luck as you 10 continue on your judicial career, 11 Judge Mullen. 12 THE PRESIDENT: Senator 13 Marcellino. 14 SENATOR MARCELLINO: Thank you, 15 Madam President. I rise to second the 16 nomination of Judge Mullen. 17 Madam President, as you know, I'm 18 not a lawyer, so I have no reason to suck up 19 to the judge as some of my colleagues may 20 have. 21 (Laughter.) 22 SENATOR MARCELLINO: I have no 23 intention of becoming a defendant, to appear 24 in front of him, so we're going to keep it 25 that way.

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(518) 371-8910 1 And one other thing is I had never 2 met the gentleman before today. 3 However, I have heard nothing but 4 high praise about his capabilities, both on 5 and off the bench, from people I respect, not 6 only in this chamber but outside, who have 7 called me and told me that this gentleman's 8 nomination was up and that he was a good 9 fellow and that I should speak well of him and 10 vote for him. 11 So, Judge, I give you high praise 12 for the people who praise you and care about 13 you, because they speak very well of you, and 14 that's great. It's good to have somebody on 15 the bench who has people outside the 16 profession who care about him and like him. 17 That says, in my mind, lots about you. 18 So God bless, good luck, and keep 19 up the good work. 20 THE PRESIDENT: All in favor of 21 Michael F. Mullen, of Huntington, as a judge 22 of the Court of Claims please signify by 23 saying aye. 24 (Response of "Aye.") 25 THE PRESIDENT: Opposed, nay.

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(518) 371-8910 1 (No response.) 2 THE PRESIDENT: The nominee is 3 hereby confirmed. 4 Judge Mullen, congratulations and 5 best wishes for continued success. 6 (Applause.) 7 THE PRESIDENT: The Secretary 8 will continue to read. 9 THE SECRETARY: As a judge of the 10 Court of Claims, Terry J. Ruderman, of 11 Scarsdale. 12 THE PRESIDENT: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: I move the 15 nomination of Terry J. Ruderman for a Court of 16 Claims position and request that you call on 17 Senator Leibell for a second. 18 THE PRESIDENT: Senator Leibell. 19 SENATOR LEIBELL: Thank you, 20 Madam President. 21 And once again, I'm sorry that my 22 colleague Senator Spano is in a meeting right 23 now and could not be here. 24 But I have had the good fortune to 25 know Judge Ruderman and her family for many

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(518) 371-8910 1 years now, and I can attest to what a fine 2 attorney she is, both in private and a long 3 and distinguished career in government 4 service. This is a great nomination to have 5 before this body. She has served the people 6 of Westchester County and the people of the 7 State of New York very well and will continue 8 to do. 9 I'd like to move the nomination. 10 THE PRESIDENT: All in favor of 11 the nomination of Terry J. Ruderman, of 12 Scarsdale, as a judge of the Court of Claims 13 please signify by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The nominee is 18 hereby confirmed. 19 She is here with her husband, 20 Jerold Ruderman. I know both of them 21 professionally, and I know of her excellent 22 accomplishments. A great nomination, great 23 confirmation. 24 Best wishes for continued success. 25 (Applause.)

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will continue to read. 3 THE SECRETARY: As a judge of the 4 Court of Claims, Thomas H. Scuccimarra, of 5 Garrison. 6 THE PRESIDENT: Senator 7 DeFrancisco. 8 SENATOR DeFRANCISCO: I rise to 9 move the nomination of Thomas H. Scuccimarra 10 and again call on our professional seconder, 11 Senator Leibell. 12 THE PRESIDENT: Senator Leibell. 13 SENATOR LEIBELL: Thank you. 14 Thank you very much. 15 And once again, I am pleased to 16 speak on a nomination. And also I've known 17 Judge Scuccimarra and his family for many 18 years. 19 In fact, I have a picture in my 20 office here in Albany of my last term in the 21 Assembly where the judge, when he was serving 22 as a town judge in the town of Philipstown, in 23 Putnam County, administered the oath of office 24 for my last term. I don't know how many of 25 you would consider that to be a

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(518) 371-8910 1 recommendation. I like to think it is. 2 But certainly the judge has had a 3 great and distinguished career also, one of 4 the most prominent private practitioners in 5 Westchester and Putnam counties. We're most 6 fortunate that he went onto the bench. I know 7 that he will continue to serve all the people 8 of this state with great dignity and 9 professionalism. 10 I'd like to move the nomination. 11 THE PRESIDENT: All in favor of 12 the nomination of Thomas H. Scuccimarra, of 13 Garrison, as a judge of the Court of Claims 14 please signify by saying aye. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The nominee is 19 hereby confirmed. 20 Judge Scuccimarra, congratulations 21 and best wishes for success. 22 (Applause.) 23 THE PRESIDENT: The Secretary 24 will continue to read. 25 THE SECRETARY: As a judge of the

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(518) 371-8910 1 Court of Claims, Norman I. Siegel, of 2 New Hartford. 3 THE PRESIDENT: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: I move the 6 nomination of Norman Siegel for a Court of 7 Claims position and ask you to call on Senator 8 Meier to second. 9 THE PRESIDENT: Senator Meier. 10 SENATOR MEIER: Thank you, Madam 11 President. 12 Senator Leibell desperately wanted 13 to second this, but he's just exhausted, poor 14 man. 15 (Laughter.) 16 SENATOR MEIER: I have known Norm 17 Siegel for a long time. And I think it speaks 18 volumes about Norm and helps you understand 19 him if you know that despite his many 20 accomplishments in the community and as a 21 lawyer, I think he's proudest and finds the 22 most satisfaction in life in being Ann's 23 husband and in being the father to his 24 daughters and the grandfather to his beautiful 25 grandchildren and a friend to many people.

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(518) 371-8910 1 And I'm proud to count myself among the 2 legions of people who are fortunate enough to 3 be in that company. 4 And I can also say, Madam 5 President, that as a lawyer I know Norm Siegel 6 just about any way you could know a lawyer. 7 He was once, when I was corporation counsel in 8 the City of Rome, my adversary, and to my 9 chagrin he took large amounts of money out of 10 the City of Rome in the form of certiorari 11 proceedings, where he was renowned as a 12 practitioner. 13 And I've also known Norm Siegel as 14 a client. Because when I was the county 15 executive of the County of Oneida, when it 16 came time to hire a county attorney and to 17 find someone who was the very best in terms of 18 legal talent and judgment and in whose advice 19 I could take great confidence, I asked Norm to 20 serve in that capacity. 21 And then I've been privileged for a 22 few years to practice law with him in the same 23 law firm. 24 For obvious reasons, I did not have 25 the pleasure of practicing in front of him

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(518) 371-8910 1 while he's been sitting these last few years 2 on the Court of Claims, but I know many 3 lawyers who have, and they have found him to 4 be unfailingly fair and courteous. 5 Norm referred to himself today when 6 he appeared before the Judiciary Committee as 7 being lawyer-friendly, and I think a lot of 8 lawyers sometimes kind of look with dismay at 9 some of their former colleagues who seem to 10 change character a little bit when they go on 11 the other side of the bench. And that has 12 never been the way Norm has conducted his 13 life. 14 I always tell young lawyers, you 15 can find law in law books, but that's not 16 where you go to find justice. You find 17 justice in a courtroom that's presided over by 18 a judge who doesn't just know the law but who 19 has broad experience in life and who brings 20 common sense and compassion and a sense of 21 fair play that can only be found here, in 22 someone's heart. 23 That's the kind of judge Norm 24 Siegel is. That's the kind of man he is. And 25 I'm proud to second his nomination today.

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(518) 371-8910 1 THE PRESIDENT: All in favor of 2 the nomination of Norman I. Siegel, of 3 New Hartford, as a judge of the Court of 4 Claims please signify by saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The nominee is 9 hereby confirmed. 10 Congratulations, Judge Siegel. 11 Best wishes to you. 12 (Applause.) 13 THE PRESIDENT: The Secretary 14 will continue to read. 15 THE SECRETARY: As a justice of 16 the Supreme Court of the Second Judicial 17 District, Michael V. Ajello, of Staten Island. 18 ACTING PRESIDENT YOUNG: Senator 19 DeFrancisco. 20 SENATOR DeFRANCISCO: I move the 21 nomination of Michael Ajello, of Staten 22 Island, as a justice of the Supreme Court of 23 the Second Judicial District, and request that 24 you please call on Senator Maltese to second 25 the nomination.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Thank 2 you, Senator DeFrancisco. 3 Senator Maltese. 4 SENATOR MALTESE: Madam 5 President, I rise to second the nomination of 6 Michael Ajello as a justice of the Supreme 7 Court. 8 First of all, I've known Justice 9 Ajello for many, many years. He has 10 previously served as a justice of the Supreme 11 Court in an interim term and has been 12 commended by all, bench and bar, in that 13 capacity. 14 In addition, he has run for the 15 office of Supreme Court many times and been 16 approved unanimously by all the bar 17 associations that had or considered his 18 nominations. 19 Further, he was in the field of 20 private practice for 38 years. And the 21 background that that gives you I think well 22 prepares you for the tasks before you on the 23 bench. 24 In addition, he served as an 25 arbitrator in small claims court and served as

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(518) 371-8910 1 a special assistant district attorney. So 2 both civil and criminal, he has excelled. 3 I commend the Governor on this 4 nomination and am proud to second the 5 nomination of Michael Ajello as justice of the 6 Supreme Court. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Maltese. 9 The question is on the nomination 10 of Michael V. Ajello, of Staten Island, as a 11 justice of the Supreme Court of the Second 12 Judicial District. All in favor signify by 13 saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT YOUNG: Opposed, 16 nay. 17 (No response.) 18 ACTING PRESIDENT YOUNG: Michael 19 Ajello, of Staten Island, is hereby confirmed 20 as a justice of the Supreme Court of the 21 Second Judicial District. 22 Congratulations. 23 (Applause.) 24 ACTING PRESIDENT YOUNG: Judge 25 Ajello is accompanied by his wife, Mary Ann,

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(518) 371-8910 1 and his sister-in-law, Margie Panzera. 2 Congratulations. 3 The Secretary will read. 4 THE SECRETARY: As a justice of 5 the Supreme Court of the Second Judicial 6 District, Anthony I. Giacobbe, of Staten 7 Island. 8 ACTING PRESIDENT YOUNG: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: I move the 11 nomination of Anthony Giacobbe for justice of 12 the Supreme Court, Second Judicial District. 13 I should have mentioned before the 14 last nominee, and pertaining to this nominee, 15 that Senator Marchi wanted to be here, he was 16 here earlier and he had to step out of the 17 chambers, or he would -- he definitely wanted 18 to speak on both of these nominations. 19 But in his absence, I would request 20 that you recognize Senator Golden to second 21 the nomination. 22 ACTING PRESIDENT YOUNG: Thank 23 you. 24 Senator Golden. 25 SENATOR GOLDEN: Madam President,

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(518) 371-8910 1 I thank the Senator for allowing me to speak 2 as a second here and for Senator Marchi as 3 well, who is a great Senator and a great man 4 and couldn't be here at this moment. 5 Anthony Giacobbe is a good friend 6 of ours and a good friend of John Fusco, Judge 7 Fusco, and of many on Staten Island and in 8 Brooklyn, and has done a great job. 9 And if you take a look at this 10 man's resume, from the United States Army, as 11 a judge advocate, to working in the Kings 12 County, of New York City, working with another 13 judge, Mark Constantino, as his law secretary, 14 going in private practice, working in Richmond 15 County in the district attorney's office, 16 being on the City Council as a city councilman 17 at large in the City of New York, working with 18 the borough president of Staten Island, 19 working with the New York State Assembly, 20 being an adjunct professor at St. John's 21 University, working at the City Planning 22 Commission of the City of New York from 1990 23 to the year 2000, from having his own law 24 practice to sitting on the bench since 2000. 25 Well-rounded, well-studied, very fair, very

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(518) 371-8910 1 honest, and the eminence in professionalism. 2 We congratulate this great man and 3 his family, and the County of Staten Island 4 and County of Richmond is lucky to have both 5 of these great judges. 6 And congratulations to you, and I 7 second this nomination. 8 ACTING PRESIDENT YOUNG: Thank 9 you, Senator Golden. 10 The question is on the nomination 11 of Anthony I. Giacobbe, of Staten Island, as a 12 justice of the Supreme Court of the Second 13 Judicial District. All in favor signify by 14 saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT YOUNG: Opposed, 17 nay. 18 (No response.) 19 ACTING PRESIDENT YOUNG: Anthony 20 I. Giacobbe is hereby confirmed as a justice 21 of the Supreme Court of the Second Judicial 22 District. 23 Judge Giacobbe is accompanied by 24 his son, Mark; his aunt, Gemma Caramenta; Joy 25 Spinelli and her mother, Elena Spinelli.

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(518) 371-8910 1 Congratulations. 2 (Applause.) 3 ACTING PRESIDENT YOUNG: The 4 Secretary will read. 5 THE SECRETARY: As a judge of the 6 Nassau County Family Court, Merik R. Aaron, of 7 Hewlett Harbor. 8 ACTING PRESIDENT YOUNG: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: I move the 11 nomination of Merik Aaron as a judge of the 12 Nassau County Family Court and request that 13 you recognize Senator Skelos to second the 14 nomination. 15 ACTING PRESIDENT YOUNG: Senator 16 Skelos. 17 SENATOR SKELOS: Thank you, Madam 18 President. 19 And thank you, Senator DeFrancisco, 20 for affording me the opportunity and pleasure 21 to move the nomination of Merik Aaron as a 22 Family Court judge in the County of Nassau. 23 I think we all know the sensitivity 24 and the tough issues that our Family Courts 25 deal with throughout the state. I'm confident

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(518) 371-8910 1 that Rick, with his -- I guess I'm probably 2 going to have to call him "Judge" after this. 3 That's probably the last time I'm going to be 4 calling you "Rick." 5 But he has the sensitivity and 6 certainly the knowledge and the desire to 7 serve as a judge, and he will serve well as a 8 Family Court judge. 9 His qualifications, whether it's as 10 a teacher, whether it's as an adjunct 11 professor, whether as a practicing attorney or 12 working within the Town of Hempstead, he has 13 an exemplary record in terms of service to our 14 community. 15 And certainly his entire family -- 16 and I know his wife, Karen, is here -- are 17 active participants, constantly giving back to 18 the Five Towns community which I represent and 19 other areas of our great County of Nassau. 20 So it's my pleasure to support 21 Senator DeFrancisco and move the nomination of 22 Merik Aaron as a Family Court judge, County of 23 Nassau. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator Skelos.

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(518) 371-8910 1 Senator Balboni. 2 SENATOR BALBONI: Yes, Madam 3 President. I rise because I want to echo the 4 sentiments of Senator Skelos but also make 5 note of the fact that we have, in Judge Aaron, 6 the kind of sensitivity and appreciation for 7 the human condition that will make him an 8 optimal Family Court judge. 9 He brings a lot to the table 10 legally and intellectually, but he also has 11 this wonderful personality. And he really 12 appreciates the differing backgrounds that 13 people have. And I think he'll be one of the 14 true voices of reason in what can oftentimes 15 be a maelstrom of emotions in the Family 16 Court. 17 I second the nomination. 18 Thank you, Madam President. 19 ACTING PRESIDENT YOUNG: Thank 20 you, Senator Balboni. 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Yes, Madam 23 President, briefly. I just want to echo the 24 sentiments of Senator Skelos and Senator 25 Balboni.

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(518) 371-8910 1 You know, Rick, I never thought 2 this day would come where I'd be sitting in 3 the Senate and you'd be sitting up there. As 4 somebody who grew up next to you as a kid in 5 Carle Place, Westbury, where you were the 6 chair in Carle Place High School. Times have 7 certainly changed. 8 And I congratulate you. And I 9 think Senator Skelos said it best, that you 10 have the right temperament to deal with the 11 critical issues that come before the Family 12 Court. 13 Congratulations to you and your 14 family. 15 ACTING PRESIDENT YOUNG: Thank 16 you, Senator Fuschillo. 17 Senator Marcellino. 18 SENATOR MARCELLINO: Thank you, 19 Madam President. 20 I also rise to congratulate Rick 21 Aaron on his elevation to the Family Court, a 22 most difficult court, one that sees families 23 most of the time at their worst. So we need 24 judges who have the right temperament and the 25 ability to see things as they should be and to

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(518) 371-8910 1 make it work. 2 So I congratulate the Governor on 3 this appointment. It's a good one. 4 And, Rick, do a great job. I know 5 you will. God bless. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator. 8 The question is on the nomination 9 of Merik R. Aaron, of Hewlett Harbor, as a 10 judge of the Nassau Family Court. All in 11 favor signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT YOUNG: Opposed, 14 nay. 15 (No response.) 16 ACTING PRESIDENT YOUNG: Merik R. 17 Aaron is hereby confirmed as a judge of the 18 Nassau County Family Court. 19 Judge Aaron is accompanied by his 20 wife, Karen, and his daughter, Stacy. 21 Congratulations. 22 (Applause.) 23 ACTING PRESIDENT YOUNG: The 24 Secretary will read. 25 THE SECRETARY: As a judge of the

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(518) 371-8910 1 Rockland County Court, Karen Amanda Riley, of 2 Suffern. 3 ACTING PRESIDENT YOUNG: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: I rise to 6 move the final nomination this morning, or 7 this afternoon -- probably evening. In case 8 there weren't enough today -- we had 17 today, 9 we'll have 18 tomorrow. So don't despair. 10 I move the nomination of Karen 11 Riley as a judge of the Rockland County Court, 12 and request that you call on Senator Morahan 13 to second the nomination. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator. 16 Senator Morahan. 17 SENATOR MORAHAN: Thank you, 18 Madam President. 19 I am truly proud to rise to second 20 the nomination of Karen Riley. Karen is an 21 experienced prosecutor, a young woman who has 22 worked her way through college, worked her way 23 through law school at night, worked in the 24 interim in the human resources field, taken a 25 break between her undergraduate work and her

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(518) 371-8910 1 law school, where she graduated from Pace 2 University cum laude. 3 She has ten years experience in the 4 Rockland County district attorney's office. 5 In that capacity, she has prosecuted murders, 6 attempted murders, homicides, robberies and 7 sex offenders. 8 I think she comes eminently 9 qualified in this day and age where we have 10 surfaced so many sex crimes in this state, in 11 that she was training other assistant DAs in 12 that form of prosecution. That she has, over 13 the years, prosecuted and represented the 14 district attorney in the prosecution of 15 sex-offender cases. 16 She's admired by all back home. 17 And as her Senator, I am delighted to second 18 her nomination and to welcome Karen and her 19 husband, Christopher, to the chamber today. 20 Thank you. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator. 23 The question is on the nomination 24 of Karen Amanda Riley, of Suffern, as a judge 25 of the Rockland County Court. All in favor

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(518) 371-8910 1 signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT YOUNG: Opposed, 4 nay. 5 (No response.) 6 ACTING PRESIDENT YOUNG: Karen 7 Amanda Riley is hereby confirmed as a judge of 8 the Rockland County Court. 9 Judge Riley is accompanied by her 10 husband, Christopher. 11 Congratulations. 12 (Applause.) 13 ACTING PRESIDENT YOUNG: Senator 14 Fuschillo. 15 SENATOR FUSCHILLO: Madam 16 President, may we please return to the order 17 of motions and resolutions. 18 And please take up Resolution 6068, 19 by Senator Hassell-Thompson, have its title 20 read only, and please recognize Senator 21 Hassell-Thompson. 22 ACTING PRESIDENT YOUNG: Motions 23 and resolutions. 24 The Secretary will read. 25 THE SECRETARY: By Senator

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(518) 371-8910 1 Hassell-Thompson, Legislative Resolution 2 Number 6068, memorializing Governor George E. 3 Pataki to proclaim October 26, 2006, as Walk 4 with Me Day in the State of New York. 5 ACTING PRESIDENT YOUNG: Senator 6 Hassell-Thompson. 7 SENATOR HASSELL-THOMPSON: Thank 8 you, Madam President. 9 Four years ago, the Bronx borough 10 president appointed Naomi Rivera and myself to 11 become the chairs of the task force for 12 domestic violence in the Bronx. And one of 13 the projects that Assemblywoman Rivera brought 14 to the Legislature was a "walk with me" 15 concept that says for men and women to get out 16 and march and to walk against domestic 17 violence. 18 This resolution calls for the 19 Governor to proclaim October 26th as Walk with 20 Me Day. Last year, campuses across the State 21 of New York became involved; 26 college 22 campuses had Walk with Me Days. And we are 23 hoping to increase that number of college 24 campuses across this state, and to neighboring 25 states, to raise the consciousness about

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(518) 371-8910 1 domestic violence. 2 So I would appreciate and open this 3 resolution in the State Senate to each of my 4 colleagues and ask for their support for a 5 cause and a condition that plagues and 6 destroys families. 7 One of my other concerns is that we 8 not only look at the punitive side of the 9 issue of domestic violence but we begin to 10 look at how do we treat and change the cycle 11 of domestic violence from one generation to 12 another. 13 So I thank my colleagues, and I 14 thank you for this opportunity to speak on 15 this resolution and would hope that my 16 colleagues would sign on and support it. 17 Thank you, Madam President. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator. 20 On the resolution, all in favor 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT YOUNG: Opposed, 24 nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The 2 resolution is adopted. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Senator 5 Hassell-Thompson has requested to open it up 6 for cosponsorship. 7 To follow the normal rules of the 8 house, put all the members on it. And anybody 9 who wishes not to be on it, please let the 10 desk know. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator. Any member not wishing to be on 13 resolution please notify the desk. 14 Senator Fuschillo. 15 SENATOR FUSCHILLO: Madam 16 President, Resolution 6135, by Senator 17 Maziarz, is at the desk. May we please have 18 it read in its entirety, move for its 19 immediate adoption, and recognize Senator 20 Maziarz. 21 ACTING PRESIDENT YOUNG: The 22 Secretary will read. 23 THE SECRETARY: By Senator 24 Maziarz, Legislative Resolution Number 6135, 25 commending Relax on Cloud Nine, License

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(518) 371-8910 1 Monitor, and Matrix Imaging Solutions upon the 2 occasion of their induction into the New York 3 State Small Business Development Center's Hall 4 of Fame. 5 "WHEREAS, It is the sense of this 6 Legislative Body to recognize that small 7 businesses greatly contribute to the economic 8 vitality of communities across New York State; 9 and 10 "WHEREAS, Events which honor small 11 businesses help to enhance the free enterprise 12 system upon which our nation was built; and 13 "WHEREAS, This Legislative Body is 14 justly proud to commend Relax on Cloud Nine, 15 License Monitor, and Matrix Imaging Solutions 16 upon the occasion of their induction into the 17 New York State Small Business Development 18 Center's Hall of Fame at the Awards Banquet on 19 Tuesday, June 20, 2006, at Jack's Oyster 20 House, Albany, New York; and 21 "WHEREAS, The individuals selected 22 for the Small Business Development Center 23 (SBDC) Hall of Fame are the most outstanding 24 clients assisted by the program between 1984 25 and 2006. Their selection is the result of a

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(518) 371-8910 1 process that involves the entire organization; 2 and 3 "WHEREAS, The SBDC honors three 4 business owners that embody the best 5 characteristics of entrepreneurs -- vision, 6 confidence, hard work, dedication, creativity, 7 flexibility, drive, and organization -- by 8 inducting them as members of the SBDC Hall of 9 Fame; and 10 "WHEREAS, The New York State Small 11 Business Development Center has, for over two 12 decades, provided the highest-quality, 13 pro bono business counseling, business 14 training, and focused industry-specific 15 business research -- in partnership with the 16 U.S. Small Business Administration and the 17 State University of New York -- to thousands 18 of New Yorkers who want to start a small 19 business or improve the performance of an 20 existing business; and 21 "WHEREAS, Over the course of these 22 20 plus years, the SBDC has emphasized 23 technology and technology-related businesses 24 as a way of achieving greater efficiency and 25 promoting the long-term growth of the New York

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(518) 371-8910 1 economy; and 2 "WHEREAS, The SBDC has measured its 3 success one small business client at a time, 4 and has elevated to a special business Hall of 5 Fame over 30 outstanding New York businesses 6 that have had an overwhelmingly positive 7 long-term impact on their communities; and 8 "WHEREAS, The distinguished 32 9 members of the SBDC Hall of Fame have been 10 expanded this year to include three new 11 inductees; and 12 "WHEREAS, Small businesses exert a 13 strong positive influence on our communities, 14 and the future welfare of New York State 15 depends on the continued development of small 16 businesses; now, therefore, be it 17 "RESOLVED, That this Legislative 18 Body pause in its deliberations to commend 19 Relax on Cloud Nine, License Monitor, and 20 Matrix Imaging Solutions upon the occasion of 21 their induction into the New York State Small 22 Business Development Center's Hall of Fame; 23 and be it further 24 "RESOLVED, That copies of this 25 resolution, suitably engrossed, be transmitted

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(518) 371-8910 1 to Relax on Cloud Nine, License Monitor, and 2 Matrix Imaging Solutions." 3 ACTING PRESIDENT YOUNG: Senator 4 Maziarz. 5 SENATOR MAZIARZ: Thank you very 6 much, Madam President. 7 It's with a great deal of pride 8 that I want to just join with my colleagues, 9 Senator John Marchi and Senator Tom Morahan, 10 in congratulating these three small businesses 11 in New York State upon their induction into 12 the Hall of Fame. 13 They are truly all Hall of Famers. 14 They've done great jobs in growing a small 15 business in New York State to very profitable 16 status and really assisting a whole lot of 17 people, and are a real example to other small 18 businesses in the State of New York. 19 And I want to commend the Small 20 Business Development Center. Each and every 21 year in our SUNY budget we have money included 22 for small business development centers across 23 the New York. And these three small 24 businesses have all benefited from the dollars 25 that we allocate on an annual basis to the

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(518) 371-8910 1 SBDCs across this state. 2 But most particularly -- three 3 great businesses, but I do want to mention 4 particularly Matrix Imaging Solutions, from my 5 Senate district, and the Olivero family that's 6 here today. 7 Alan has grown this business from 8 an idea to a very successful corporation today 9 that's located in two places, in the state of 10 New York and also a subsidiary in the state of 11 Texas. And he really does an excellent job. 12 And I always joke around about this 13 when I mention Alan's business and talk about 14 the success of it today. Regardless of where 15 you live in the United States, or probably 16 around the world, I am certain that all of you 17 get a solicitation on a daily basis from a 18 credit card company or a bank or a financial 19 institution. Those are all printed, mailed, 20 sorted and folded in Niagara County and come 21 from Matrix Imaging Solutions. So there's the 22 guy to blame, right there, for all that mail 23 that you get. 24 On a serious note, Madam President, 25 these three entrepreneurs have really done a

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(518) 371-8910 1 great job and are a great example to other 2 entrepreneurs all across New York. 3 Thank you, Madam President. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator Maziarz. 6 The question is on the resolution. 7 All those in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT YOUNG: Opposed, 10 nay. 11 (No response.) 12 ACTING PRESIDENT YOUNG: 13 Congratulations. The resolution is adopted. 14 (Applause.) 15 ACTING PRESIDENT YOUNG: Senator 16 Fuschillo. 17 SENATOR FUSCHILLO: Madam 18 President, are there any other motions at the 19 desk? 20 ACTING PRESIDENT YOUNG: Senator 21 Fuschillo, yes, there are. 22 Senator Farley. 23 SENATOR FARLEY: Thank you, Madam 24 President. 25 On behalf of Senator Libous, on

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(518) 371-8910 1 page 39, I offer the following amendments to 2 Calendar Number 1233, Senate Print 7307A, and 3 I ask that that bill retain its place on the 4 Third Reading Calendar. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Farley. 7 The amendments are received, and 8 the bill will retain its place on the Third 9 Reading Calendar. 10 SENATOR FARLEY: On behalf of 11 Senator Wright, on page 42, I offer the 12 following amendments to Calendar Number 1286, 13 Senate Print 7518A, and I ask that that bill 14 retain its place on the Third Reading 15 Calendar. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Farley. 18 The amendments are received, and 19 the bill will retain its place on the Third 20 Reading Calendar. 21 SENATOR FARLEY: Madam President, 22 on behalf of Senator Saland, on page 39, I 23 offer the following amendments to Calendar 24 Number 1236, Senate Print Number 7921A, and I 25 ask that that bill retain its place on the

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(518) 371-8910 1 Third Reading Calendar. 2 ACTING PRESIDENT YOUNG: Thank 3 you, Senator Farley. 4 The amendments are received, and 5 the bill will retain its place on the Third 6 Reading Calendar. 7 SENATOR FARLEY: Madam President, 8 on behalf of Senator Padavan, on page 18, I 9 offer the following amendments to Calendar 10 Number 628, Senate Print 2164B, and I ask that 11 that bill retain its place on the Third 12 Reading Calendar. 13 ACTING PRESIDENT YOUNG: The 14 amendments are received, and the bill will 15 retain its place on the Third Reading 16 Calendar. 17 SENATOR FARLEY: Madam President, 18 on behalf of Senator Saland, I wish to call up 19 his bill, Print Number 312, recalled from the 20 Assembly and it's now at the desk. 21 ACTING PRESIDENT YOUNG: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 311, by Senator Saland, Senate Print 312, an 25 act to amend the Penal Law.

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(518) 371-8910 1 SENATOR FARLEY: I now move to 2 reconsider the vote by which this bill was 3 passed. 4 ACTING PRESIDENT YOUNG: Call the 5 roll on reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 SENATOR FARLEY: Madam President, 9 I now offer the following amendments. 10 ACTING PRESIDENT YOUNG: The 11 amendments are received. 12 Senator Bonacic. 13 SENATOR BONACIC: Thank you, 14 Madam President. 15 On behalf of Senator Alesi, I wish 16 to call up Print Number 6365, recalled from 17 the Assembly, which is now at the desk. 18 ACTING PRESIDENT YOUNG: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 175, by Senator Alesi, Senate Print 6365, an 22 act to amend the Public Health Law. 23 SENATOR BONACIC: Madam 24 President, I now move to reconsider the vote 25 by which this bill was passed.

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(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 BONACIC: Madam 6 President, I now offer the following 7 amendments. 8 ACTING PRESIDENT YOUNG: The 9 amendments are received. 10 SENATOR BONACIC: On behalf of 11 Senator Little, I wish to call up Print Number 12 8092, recalled from the Assembly, which is now 13 at the desk. 14 ACTING PRESIDENT YOUNG: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 1762, by Senator Little, Senate Print 8092, an 18 act to legalize, validate, ratify and confirm. 19 SENATOR BONACIC: Madam 20 President, I now move to reconsider the vote 21 by which this bill was passed. 22 ACTING PRESIDENT YOUNG: Call the 23 roll on reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 SENATOR BONACIC: Madam 2 President, I now offer the following 3 amendments. 4 ACTING PRESIDENT YOUNG: The 5 amendments are received. 6 SENATOR BONACIC: Thank you. 7 ACTING PRESIDENT YOUNG: Senator 8 Fuschillo. 9 SENATOR FUSCHILLO: Madam 10 President, are there any substitutions at the 11 desk? 12 ACTING PRESIDENT YOUNG: Yes, 13 there are. 14 SENATOR FUSCHILLO: Please take 15 them up. 16 ACTING PRESIDENT YOUNG: The 17 Secretary will read. 18 THE SECRETARY: On page 16, 19 Senator Padavan moves to discharge, from the 20 Committee on Rules, Assembly Bill Number 8034 21 and substitute it for the identical Senate 22 Bill Number 4658, Third Reading Calendar 555. 23 On page 21, Senator Hannon moves to 24 discharge, from the Committee on Health, 25 Assembly Bill Number 5220A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 4797A, 2 Third Reading Calendar 759. 3 On page 22, Senator Diaz moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 10085 and substitute it 6 for the identical Senate Bill Number 6640, 7 Third Reading Calendar 772. 8 On page 24, Senator Golden moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 10731A and substitute it 11 for the identical Senate Bill Number 7377A, 12 Third Reading Calendar 843. 13 On page 43, Senator Bruno moves to 14 discharge, from the Committee on Labor, 15 Assembly Bill Number 8840C and substitute it 16 for the identical Senate Bill Number 5728C, 17 Third Reading Calendar 1315. 18 On page 46, Senator Hannon moves to 19 discharge, from the Committee on Health, 20 Assembly Bill Number 10891A and substitute it 21 for the identical Senate Bill Number 7718A, 22 Third Reading Calendar 1356. 23 On page 48, Senator Marcellino 24 moves to discharge, from the Committee on 25 Transportation, Assembly Bill Number 6799B and

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(518) 371-8910 1 substitute it for the identical Senate Bill 2 Number 3643C, Third Reading Calendar 1403. 3 On page 53, Senator Balboni moves 4 to discharge, from the Committee on Local 5 Government, Assembly Bill Number 9967 and 6 substitute it for the identical Senate Bill 7 Number 7096, Third Reading Calendar 1527. 8 On page 58, Senator Golden moves to 9 discharge, from the Committee on Aging, 10 Assembly Bill Number 5790 and substitute it 11 for the identical Senate Bill Number 1195, 12 Third Reading Calendar 1789. 13 On page 59, Senator Leibell moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 130 and substitute it for 16 the identical Senate Bill Number 3646, Third 17 Reading Calendar 1794. 18 On page 59, Senator Spano moves to 19 discharge, from the Committee on Crime 20 Victims, Crime and Correction, Assembly Bill 21 Number 7183A and substitute it for the 22 identical Senate Bill Number 5119A, Third 23 Reading Calendar 1797. 24 On page 59, Senator Morahan moves 25 to discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 9147A and substitute it 2 for the identical Senate Bill Number 6310A, 3 Third Reading Calendar 1798. 4 On page 59, Senator Spano moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 9288A and substitute it 7 for the identical Senate Bill Number 6361A, 8 Third Reading Calendar 1799. 9 On page 59, Senator Maziarz moves 10 to discharge, from the Committee on Local 11 Government, Assembly Bill Number 10384 and 12 substitute it for the identical Senate Bill 13 Number 6623, Third Reading Calendar 1801. 14 On page 60, Senator Maziarz moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 11009 and substitute it 17 for the identical Senate Bill Number 7010A, 18 Third Reading Calendar 1803. 19 On page 60, Senator Young moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 10600 and substitute it 22 for the identical Senate Bill Number 7139, 23 Third Reading Calendar 1804. 24 On page 60, Senator Robach moves to 25 discharge, from the Committee on Insurance,

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(518) 371-8910 1 Assembly Bill Number 10179 and substitute it 2 for the identical Senate Bill Number 7302, 3 Third Reading Calendar 1806. 4 On page 60, Senator Padavan moves 5 to discharge, from the Committee on Local 6 Government, Assembly Bill Number 11225 and 7 substitute it for the identical Senate Bill 8 Number 7647, Third Reading Calendar 1811. 9 On page 61, Senator Spano moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 10591 and substitute it 12 for the identical Senate Bill Number 7814, 13 Third Reading Calendar 1817. 14 And on page 62, Senator Saland 15 moves to discharge, from the Committee on 16 Rules, Assembly Bill Number 11554 and 17 substitute it for the identical Senate Bill 18 Number 8060, Third Reading Calendar 1827. 19 ACTING PRESIDENT YOUNG: 20 Substitutions ordered. 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Madam 23 President, at this time may we please have the 24 reading of the noncontroversial calendar. 25 ACTING PRESIDENT YOUNG: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 204, by Senator Leibell, Senate Print 3813A, 4 an act to amend the Not-For-Profit Corporation 5 Law and the Penal Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect January 1, 2007. 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 19 215, by Senator Maziarz, Senate Print 3209B, 20 an act to amend the Workers' Compensation -- 21 SENATOR FUSCHILLO: Lay it aside 22 for the day, please. 23 ACTING PRESIDENT YOUNG: The bill 24 is laid aside for the day. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 229, by Senator Young, Senate Print 6605, an 2 act to amend the Agriculture and Markets Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 3. 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, 58. Nays, 13 2. Senators Andrews and Hassell-Thompson 14 recorded in the negative. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 249, by Senator Padavan, Senate Print 3972A, 19 an act to amend the Retirement and Social 20 Security Law. 21 ACTING PRESIDENT YOUNG: There is 22 a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(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 10 338, by Senator Spano, Senate Print 6005, an 11 act to amend the Arts and Cultural Affairs 12 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

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(518) 371-8910 1 553, by Senator Padavan -- 2 SENATOR FUSCHILLO: Lay it aside 3 for the day, please. 4 ACTING PRESIDENT YOUNG: The bill 5 is laid aside for the day. 6 THE SECRETARY: Calendar Number 7 554, by Senator Padavan, Senate Print 4575, an 8 act to amend the Administrative Code of the 9 City of New York. 10 ACTING PRESIDENT YOUNG: Read the 11 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: Announce 18 the results. 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 555, substituted earlier today by Member of 24 the Assembly Grannis, Assembly Print Number 25 8034, an act to amend the Administrative Code

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(518) 371-8910 1 of the City of New York. 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, 60. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 557, by Senator Padavan, Senate Print 4970A, 16 an act to amend the Administrative Code of the 17 City 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

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 688, by Senator Young, Senate Print 6820C, an 7 act to amend the Parks, Recreation and 8 Historic Preservation Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 4. 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, 60. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 726, by Senator Bonacic, Senate Print 6952C, 23 an act to authorize the City of Port Jervis. 24 ACTING PRESIDENT YOUNG: There is 25 a home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 6. 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: In relation to 10 Calendar Number 726: Ayes, 60. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 759, substituted earlier today by Member of 15 the Assembly John, Assembly Print Number 16 5220A, an act to amend the Public Health Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 8. This 20 act shall take effect on the 120th day. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT YOUNG: Announce 25 the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 772, substituted earlier today by Member of 6 the Assembly Diaz, Assembly Print Number 7 10085, an act to amend the Executive 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, 60. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 843, substituted earlier today by Member of 22 the Assembly Abbate, Assembly Print Number 23 10731A, an act to amend the Retirement and 24 Social Security Law. 25 ACTING PRESIDENT YOUNG: Read the

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(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, 60. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 990, by Senator Little, Senate Print 7755A, an 14 act to amend the General Municipal Law and 15 others. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 6. 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, 60.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1012, by Senator Seward, Senate Print 7104, an 5 act to amend the -- 6 SENATOR HASSELL-THOMPSON: Lay it 7 aside. 8 ACTING PRESIDENT YOUNG: The bill 9 is laid aside. 10 THE SECRETARY: Calendar Number 11 1030, by Senator Farley, Senate Print 7426A, 12 an act to amend the Public Health Law. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the same date and in 17 the same manner as a chapter of the Laws of 18 2006. 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

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1075, by Senator Marchi -- 4 SENATOR FUSCHILLO: Lay it aside 5 for the day, please. 6 ACTING PRESIDENT YOUNG: The bill 7 is laid aside for the day. 8 THE SECRETARY: Calendar Number 9 1094, by Senator Larkin, Senate Print 7600A, 10 an act to amend the Alcoholic Beverage Control 11 Law. 12 ACTING PRESIDENT YOUNG: Read the 13 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, 59. Nays, 22 1. Senator Duane recorded in the negative. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1101, by Senator Spano, Senate Print 7816A, an 2 act to amend the Social Services Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the 90th 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: Calendar Number 16 1190, by Senator Trunzo, Senate Print 3821, an 17 act to amend the Agriculture and Markets 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

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1315, substituted earlier today by the 7 Assembly Committee on Rules, Assembly Print 8 Number 8840C, an act to amend the Workers' 9 Compensation Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect April 1, 2006. 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 1356, substituted earlier today by Member of 24 the Assembly Gunther, Assembly Print Number 25 10891A, an act to amend the Public Health Law.

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(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 1379, by Senator Volker, Senate Print 879A, an 15 act to amend the Criminal Procedure Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 180th day. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT YOUNG: Senator 24 Volker, to explain his vote. 25 SENATOR VOLKER: I just want

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(518) 371-8910 1 everybody to be aware of this bill, which 2 would designate the sergeant-at-arms of the 3 Senate and the Assembly as criminal -- as 4 peace officers. They are already peace 5 officers under other areas of the law. 6 The reason I say that is that both 7 leaders, Senator Bruno and Speaker Silver, 8 have been apprised of this. And this bill 9 will only go to the Governor if both leaders 10 agree. 11 The reason for this bill has 12 nothing to do with guns. We've got to get 13 that out of there, because it doesn't -- the 14 leaders have the decision whether anybody 15 carries a weapon or not. This has to do with 16 liability and authority. 17 We've had several major incidents 18 in both houses involving assaults and so 19 forth, and many people believe that what is 20 necessary is that this should be the peace 21 officer status, which does give additional 22 status under the Criminal Procedure Law, 23 should be given to our -- meaning our people 24 in this chamber and in the other chamber. 25 But the decision as to whether this

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(518) 371-8910 1 is done or not will obviously be made by both 2 the Majority Leader and the Speaker. If 3 either one disagrees, then this bill isn't 4 going to go on to the Governor. I just want 5 everybody to understand that. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Volker. You will be recorded in 8 the affirmative. 9 Announce the results. 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1390, by Senator Duane, Senate Print 6619A, an 15 act to amend the Civil Rights Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 3. 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, 60.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1403, substituted earlier today by Member of 5 the Assembly Colton, Assembly Print Number 6 6799B, an act to amend the Vehicle and Traffic 7 Law and the State Finance 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, 61. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1462, by Senator Maltese, Senate Print 6835, 22 an act to amend the Retirement and Social 23 Security Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1480, by Senator Flanagan, Senate Print 7621A, 13 an act to amend the Education 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, 61. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1487, by Senator Morahan, Senate Print 6779A, 3 an act relating to school bus travel. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 120th 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, 61. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1497, by Senator Winner, Senate Print 6542A, 18 an act to amend the Tax Law. 19 ACTING PRESIDENT YOUNG: There is 20 a local fiscal impact note at the desk. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 60. Nays, 5 1. Senator Valesky recorded in the negative. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1499, by Senator Skelos, Senate Print 7135A, 10 an act to amend the Public Officers Law and 11 the Civil Practice Law and Rules. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 8. This 15 act shall take effect on the 30th 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, 61. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1527, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly DiNapoli, Assembly Print Number 2 9967, an act to amend Chapter 602 of the Laws 3 of 1993. 4 ACTING PRESIDENT YOUNG: Read the 5 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 ACTING PRESIDENT YOUNG: Announce 12 the results. 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1528, by Senator Larkin, Senate Print 7156A, 18 an act to authorize the City of Kingston. 19 ACTING PRESIDENT YOUNG: There is 20 a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect immediately. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1537, by Senator Balboni, Senate Print 7570A, 9 an act to authorize the Town of North 10 Hempstead. 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, 61. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1632, by Senator Skelos, Senate Print 6541, an

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(518) 371-8910 1 act to amend 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 of January. 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, 61. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1687, by Senator Larkin, Senate Print 6693B, 16 an act to amend the Agriculture and Markets 17 Law and others. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 5. 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

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1721, by Senator Leibell, Senate Print 7713A, 7 an act to amend the Not-For-Profit Corporation 8 Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 60th 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, 61. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1789, substituted earlier today by Member of 23 the Assembly Aubertine, Assembly Print Number 24 5790, an act to amend the Vehicle and Traffic 25 Law.

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(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, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1790, by Senator Nozzolio, Senate Print 1270A, 15 an act to amend the Penal Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT YOUNG: Announce 25 the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. Nays, 2 0. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1792, by Senator Morahan, Senate Print 3328, 7 an act to amend the Penal Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the first of 12 November. 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. Nays, 19 2. Senators Duane and Hassell-Thompson 20 recorded in the negative. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1793, by Senator Skelos, Senate Print 3506B, 25 an act to amend the Correction Law.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 31. 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: Senator 9 Montgomery. 10 SENATOR MONTGOMERY: Yes, Madam 11 President, to explain my vote. 12 I have opposed this legislation in 13 the past, and I continue to oppose it because 14 it includes in the requirement for the new 15 level of registration all of the levels 16 including Level 1. And I would agree with it 17 except it does include Level 1. 18 So I'm going to continue to oppose 19 this legislation. I vote no. 20 ACTING PRESIDENT YOUNG: Thank 21 you, Senator Montgomery. You will be recorded 22 in the negative. 23 Announce the results. 24 THE SECRETARY: Ayes, 60. Nays, 25 2. Senators Duane and Montgomery recorded in

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(518) 371-8910 1 the negative. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1794, substituted earlier today by Member of 6 the Assembly Bradley, Assembly Print Number 7 130, an act to amend the Vehicle and Traffic 8 Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 90th 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, 62. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1796, by Senator Golden, Senate Print 5031, an 23 act to amend the Executive Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 61. Nays, 9 1. Senator Duane recorded in the negative. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1797, substituted earlier today by Member of 14 the Assembly Paulin, Assembly Print Number 15 7183A, an act authorizing and conferring 16 jurisdiction. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect on the same date as 21 Chapter 408 of the Laws of 2005. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1798, substituted earlier by Member of the 7 Assembly Zebrowski, Assembly Print Number 8 9147A, an act to amend the Vehicle and Traffic 9 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, 62. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1799, substituted earlier today by Member of 24 the Assembly Brodsky, Assembly Print Number 25 9288A, an act to amend the Vehicle and Traffic

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(518) 371-8910 1 Law. 2 ACTING PRESIDENT YOUNG: Read the 3 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, 62. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1800, by Senator Little, Senate Print 6504A, 16 an act to amend Chapter 80 of the Laws of 2000 17 amending the Education Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 3. 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

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(518) 371-8910 1 DeFrancisco, to explain his vote. 2 SENATOR DeFRANCISCO: Yes, I'm 3 going to vote yes. And I certainly understand 4 the need for this bill. 5 But on the other hand, there are 6 many, many young people who want to be 7 veterinarians in this state. Unfortunately, 8 there's not enough veterinarian schools or the 9 schools aren't large enough, so we pass bills 10 such as this while we reject kids, young 11 people who are well-qualified to become 12 veterinarians, from going to vet school. It 13 just makes absolutely no sense. 14 In fact, it's more difficult to get 15 into veterinarian school than it is into 16 medicine school, in many instances. So if you 17 have young people from our state ready, 18 willing, able, anxious and dying to become 19 veterinarians, we should expand the ability of 20 them to become it, one, by increasing the 21 educational opportunities rather than having 22 to pass a bill like this because of the 23 drastic need to service underserved areas. 24 Thank you. 25 ACTING PRESIDENT YOUNG: Thank

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(518) 371-8910 1 you, Senator. 2 Senator Little, to explain her 3 vote. 4 SENATOR LITTLE: Thank you, Madam 5 President. 6 I agree with Senator DeFrancisco 7 that there is a shortage of veterinarians in 8 New York State. And I appreciate the fact 9 that we are able to extend this provision once 10 again. I thank Senator LaValle and the Higher 11 Education Committee for proceeding with this 12 bill. 13 But what this bill points out is 14 that there is a shortage and that we have 15 farms, particularly in the North Country, in 16 my district, in Franklin and Essex, Clinton 17 County, where they're unable to get 18 veterinarians to service their farms. And 19 therefore, they need to have veterinarians 20 from Canada who come across the border and 21 work on those farms. 22 So yes, we should move forward with 23 a new vet school, and I would certainly 24 support that, or expanding the fine vet 25 schools that we have. But I will vote in the

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(518) 371-8910 1 affirmative, and I thank everyone for their 2 support. 3 ACTING PRESIDENT YOUNG: Thank 4 you, Senator Little. You will be recorded in 5 the affirmative. 6 Senator LaValle. 7 SENATOR LaVALLE: Madam 8 President, I rise to explain my vote. 9 I think Senator Little made the 10 case to the committee that many of the upstate 11 farms needed veterinarians and that there was 12 a shortage. 13 One of the concessions and one of 14 the things that was added to the bill is that 15 noncitizens applying for citizenship have to 16 make and show to the Board of Regents that 17 they are making progress towards citizenship. 18 And I think Senator DeFrancisco 19 makes a good case. We really need to expand 20 the opportunities for all individuals in the 21 area of veterinary medicine. It is -- there 22 are very few schools in the entire country. 23 We in this state are very privileged to have 24 Cornell University School of Veterinary 25 Medicine, which produces just excellent and

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(518) 371-8910 1 wonderful veterinarians. 2 But we do have to meet the needs of 3 the farm community, and I think Senator Little 4 made that case. And with the amendment, I 5 think it was a good compromise. I vote in the 6 affirmative. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator LaValle. You will be recorded in 9 the affirmative. 10 Senator Padavan. 11 SENATOR PADAVAN: Yes, Madam 12 President, to explain my vote. 13 There's no doubt that Senator 14 DeFrancisco makes a valid point. We need -- 15 as others have indicated, Senator LaValle in 16 particular, the need for an expansion of that 17 capacity. 18 However, with the increased 19 prevalence of animal-borne diseases, which is 20 international, the need for veterinarians has 21 never been greater. And the simple fact is we 22 have a shortage. Which is why this bill is 23 supported by the veterinarians themselves. 24 One would think that they would not want to 25 expand the numbers competing with them in this

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(518) 371-8910 1 state, but they recognize that there's a 2 problem. 3 But keep in mind, this extension is 4 only for several years. So obviously we're 5 not doing this forever. Which will give us 6 time, perhaps, to deal with the underlying 7 issue of numbers. 8 I vote aye. 9 ACTING PRESIDENT YOUNG: Senator 10 Padavan, you will be recorded in the 11 affirmative. 12 I also want to remind the house 13 that we need to have some order here, that the 14 noise level should stay down. 15 Announce the results. 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1801, substituted earlier today by Member of 21 the Assembly John, Assembly Print Number 22 10384, an act to amend the Volunteer 23 Firefighters Benefit Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1803, substituted earlier today by Member of 13 the Assembly Schimminger, Assembly Print 14 Number 11009, an act to amend the General 15 Business 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1804, substituted earlier today by Member of 5 the Assembly Aubertine, Assembly Print Number 6 10600, an act to amend the Environmental 7 Conservation 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, 60. Nays, 18 2. Senators LaValle and Serrano recorded in 19 the negative. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1805, by Senator Farley, Senate Print 7227A, 24 an act in relation to state aid payments. 25 ACTING PRESIDENT YOUNG: Read the

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(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, 62. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1806, substituted earlier today by Member of 14 the Assembly Espaillat, Assembly Print Number 15 10179, an act to amend Chapter 19 of the Laws 16 of 1994. 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.

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1808, by Senator Morahan, Senate Print 7403A, 6 an act to amend the General Business Law. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 SENATOR MORAHAN: Madam 12 President, to explain my vote. 13 ACTING PRESIDENT YOUNG: Senator 14 Morahan, just one second, please. 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Senator 18 Morahan, to explain his vote. 19 SENATOR MORAHAN: Thank you, 20 Madam President. 21 This bill is another bill designed 22 to protect the security information that we 23 have as people, as persons go out and use 24 Internet access, machines and computers, in 25 any of the hotels or Internet cafes, and some

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(518) 371-8910 1 others use this as a source to hack into their 2 private information. 3 This requires signs to be put up at 4 that public locations to remind users that 5 they have to use some security measure to 6 protect their information. It goes in line 7 with the bills that were passed earlier this 8 year by Senator Fuschillo and myself on the 9 security card scanner as well as our Social 10 Security number measure. 11 So this is just another step in 12 trying to protect the people from those who 13 would hack in and get personal information and 14 just make life very untenable for people. 15 Thank you. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Morahan. You will be recorded in 18 the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1809, by Senator Seward, Senate Print 7533, an 25 act to amend the Abandoned Property Law.

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(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, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1811, substituted earlier today by Member of 15 the Assembly Farrell, Assembly Print Number 16 11225, an act to amend the Local Finance Law. 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.

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1813, by Senator Rath, Senate Print 7719, an 6 act to amend the Real Property Law. 7 ACTING PRESIDENT YOUNG: Read the 8 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, 62. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1814, by Senator Seward, Senate Print 7736B, 21 an act in relation to creating a state Civil 22 Air Patrol Board. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 6. This

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(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 Senator Hassell-Thompson. 8 SENATOR HASSELL-THOMPSON: Yes, 9 Madam President, thank you. Just to explain 10 my vote. 11 I am voting in favor. It is very 12 interesting that many years ago I belonged to 13 Civil Air Patrol. And it is, I think, 14 somewhat timely that there has been a 15 resurgence of the need for Civil Air Patrol 16 duties. And this board will be quite 17 instrumental in supporting those functions. 18 I just wanted to just add that 19 little quip to the record that those were the 20 days when I thought that a military career was 21 one that I wanted. 22 But I thank you for this bill. And 23 I will support it, Senator Seward. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator Hassell-Thompson. You will be

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(518) 371-8910 1 recorded in the affirmative. 2 Announce the results. 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1815, by Senator Young, Senate Print 7779B, an 8 act authorizing the Village of Westfield. 9 ACTING PRESIDENT YOUNG: There is 10 a home-rule message at the desk. 11 Read the 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, 62. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1816, by Senator Flanagan, Senate Print 7781, 24 an act to amend the Penal Law. 25 ACTING PRESIDENT YOUNG: There is

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(518) 371-8910 1 a local fiscal impact note at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 90th day. 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, 61. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1817, substituted earlier today by Member of 16 the Assembly Paulin, Assembly Print Number 17 10591, an act to amend the Vehicle and Traffic 18 Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect on the 180th day. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1819, by Senator Marcellino, Senate Print 8 7977, an act to amend the Education Law and 9 the Administrative Code of the City of 10 New York. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 3. 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, 62. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1820, by Senator Alesi, Senate Print 7986A, an 25 act authorizing the conveyance of several

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(518) 371-8910 1 parcels. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 8. 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, 62. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1821, by Senator Saland, Senate Print 7988, an 16 act authorizing the Town of Wappinger, 17 Dutchess County. 18 ACTING PRESIDENT YOUNG: There is 19 a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 9. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1822, by Senator Bonacic, Senate Print 8006A, 8 an act to amend Chapter 172 of the Laws of 9 2002 amending the Public Authorities Law. 10 ACTING PRESIDENT YOUNG: Read the 11 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: Announce 18 the results. 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1823, by Senator Bonacic, Senate Print 8007, 24 an act to amend Chapter 915 of the Laws of 25 1982 amending the Public Authorities Law.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 3. 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, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1824, by Senator Coppola, Senate Print 8010, 15 an act to amend the Real Property Tax Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of January. 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 (Applause.) 4 THE SECRETARY: Calendar Number 5 1825, by Senator Larkin, Senate Print 8033, an 6 act to remove from the Albert Wisner Memorial 7 Public Library. 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, 61. Nays, 18 1. Senator Montgomery recorded in the 19 negative. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1826, by Senator Maziarz, Senate Print 8054, 24 an act to amend the State Finance Law. 25 ACTING PRESIDENT YOUNG: Read the

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(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: Senator 8 Coppola, to explain your vote. 9 SENATOR COPPOLA: Madam 10 President, I rise to explain my vote. 11 I want to first thank Senator 12 Maziarz for his long and diligent work on this 13 issue. 14 The Niagara Falls Casino is in the 15 City of Niagara Falls, in my district. And as 16 many of you probably know, it's been a long 17 and difficult process for them to receive the 18 funding that they so deserve and the benefits 19 that they were supposed to get from the casino 20 revenues in their city. 21 Currently, there's long 22 negotiations going on for an MOU that 23 hopefully would release the funding for the 24 last two years that they haven't seen. But 25 what this bill does is it sets up a mechanism

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(518) 371-8910 1 so that we don't have to go through this 2 process anymore. 3 I've stated before in this chamber 4 that the casinos were supposed to benefit the 5 local communities in which they're located. 6 Currently, the Niagara Falls community is not 7 getting the benefits that they were supposed 8 to receive from this revenue. They are 9 struggling each and every day in order to get 10 that money through to them. 11 So again, I want to thank Senator 12 Maziarz and others for their work on this 13 bill. And hopefully we won't be back 14 discussing this again because this will 15 finally settle it in the long term. 16 Thank you very much. I vote yes. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Coppola. You will be recorded in 19 the affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 61. Nays, 22 1. Senator Duane recorded in the negative. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1827, substituted earlier today by Member of 2 the Assembly Magee, Assembly Print Number 3 11554, an act to amend the General Business 4 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, 62. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1828, by Senator DeFrancisco, Senate Print 19 8068, an act to amend the Real Property Law 20 and the Real Property Actions and Proceedings 21 Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(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, 62. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1829, by Senator Meier, Senate Print 8078, an 11 act to authorize the County of St. Lawrence. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 3. 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, 62. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1830, by Senator Little, Senate Print 8098, an

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(518) 371-8910 1 act to amend the Penal Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the first of 6 November. 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, 62. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1831, by Senator Libous, Senate Print 8111, an 17 act to amend the Vehicle and Traffic Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 30th day. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1833, by Senator Volker, Senate Print 8135, an 7 act to amend the Criminal Procedure Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th 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, 62. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1834, by Senator Marcellino, Senate Print 22 8139, an act to amend the Environmental 23 Conservation Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 61. Nays, 9 1. Senator Serrano recorded in the negative. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1835, by Senator Spano, Senate Print 8158, an 14 act to amend the Real Property Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 7. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT YOUNG: Announce 23 the results. 24 Senator Hassell-Thompson, to 25 explain her vote.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Thank 2 you, Madam President. 3 Today I seem to be rising often. 4 But in this case, I rise to commend -- and 5 that's in question marks -- but I rise to 6 commend Senator Spano on this bill, and I 7 appreciate his including me on this bill. And 8 I am supporting it. 9 Thank you, Madam President. 10 ACTING PRESIDENT YOUNG: Thank 11 you, Senator Hassell-Thompson. You will be 12 recorded in the affirmative. 13 Announce the results. 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1836, by Senator Little, Senate Print 8162, an 19 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.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1837, by Senator Trunzo, Senate Print 8168, an 9 act to amend the Executive Law and the State 10 Finance Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 27. 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, 62. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1838, by Senator Fuschillo, Senate Print 8169, 25 an act in relation to permitting.

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(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, 61. Nays, 11 1. Senator Bonacic recorded in the negative. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1839, by Senator Fuschillo, Senate Print 8170, 16 an act to amend the General Business Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the same date as a 21 chapter of the Laws of 2006. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1842, by Senator Young, Senate Print 8184, an 7 act to direct the assessors in certain 8 counties. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 10. 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, 62. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1844, by Senator Maziarz, Senate Print 8202, 23 an act to incorporate. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 8. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1854, by Senator Marchi, Senate Print 4782 -- 13 SENATOR SKELOS: Lay it aside for 14 the day, please. 15 ACTING PRESIDENT YOUNG: The bill 16 is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 1868, by Senator Morahan, Senate Print 6676, 19 an act to amend the General Municipal Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 SENATOR SKELOS: Lay it aside 23 temporarily. 24 ACTING PRESIDENT YOUNG: The bill 25 is laid temporarily.

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(518) 371-8910 1 That completes the reading of the 2 noncontroversial calendar. 3 SENATOR SKELOS: Madam President. 4 ACTING PRESIDENT YOUNG: Senator 5 Skelos. 6 SENATOR SKELOS: I believe there 7 are substitutions at the desk. If we could 8 make them at this time. 9 ACTING PRESIDENT YOUNG: The 10 Secretary will read. 11 THE SECRETARY: In relation to 12 Supplemental Calendar Number 59A, on page 13 number 1, Senator Fuschillo moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 699B and substitute it 16 for the identical Senate Bill Number 784B, 17 Third Reading Calendar 1891. 18 On page number 1, Senator Alesi 19 moves to discharge, from the Committee on 20 Codes, Assembly Bill Number 7060A and 21 substitute it for the identical Senate Bill 22 Number 3978A, Third Reading Calendar 1896. 23 On page number 2, Senator Leibell 24 moves to discharge, from the Committee on 25 Rules, Assembly Bill Number 7678A and

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(518) 371-8910 1 substitute it for the identical Senate Bill 2 Number 5041A, Third Reading Calendar 1898. 3 On page 2, Senator Spano moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 8846C and substitute it 6 for the identical Senate Bill Number 5656E, 7 Third Reading Calendar 1900. 8 On page 2, Senator Rath moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 9001A and substitute it 11 for the identical Senate Bill Number 5908B, 12 Third Reading Calendar 1902. 13 On page 2, Senator Montgomery moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 6179A and substitute it 16 for the identical Senate Bill Number 5934A, 17 Third Reading Calendar 1903. 18 On page 2, Senator Alesi moves to 19 discharge, from the Committee on Finance, 20 Assembly Bill Number 10269 and substitute it 21 for the identical Senate Bill Number 6919, 22 Third Reading Calendar 1905. 23 On page 2, Senator Padavan moves to 24 discharge, from the Committee on Local 25 Government, Assembly Bill Number 10568 and

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(518) 371-8910 1 substitute it for the identical Senate Bill 2 Number 7190, Third Reading Calendar 1906. 3 On page 3, Senator Saland moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 11083 and substitute it 6 for the identical Senate Bill Number 7501, 7 Third Reading Calendar 1912. 8 On page 3, Senator Young moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 10854A and substitute it 11 for the identical Senate Bill Number 7559A, 12 Third Reading Calendar 1913. 13 On page 4, Senator Volker moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 11513 and substitute it 16 for the identical Senate Bill Number 7983, 17 Third Reading Calendar 1924. 18 And on page number 5, Senator 19 Flanagan moves to discharge, from the 20 Committee on Commerce, Economic Development 21 and Small Business, Assembly Bill Number 9598 22 and substitute it for the identical Senate 23 Bill Number 8196, Third Reading Calendar 1936. 24 ACTING PRESIDENT YOUNG: 25 Substitutions ordered.

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(518) 371-8910 1 Senator Bruno. 2 SENATOR BRUNO: Madam President, 3 I believe I have a resolution at the desk. I 4 would ask that it be read in its entirety and 5 move for its immediate adoption. 6 ACTING PRESIDENT YOUNG: Thank 7 you. 8 Motions and resolutions. 9 The Secretary will read. 10 THE SECRETARY: By Senator Bruno, 11 Legislative Resolution Number 6120, mourning 12 the death of Barbara Furrer Goodman, 13 distinguished citizen and devoted member of 14 her community. 15 "WHEREAS, It is with great sorrow 16 and deep regret that this Legislative Body 17 records the passing of Barbara Furrer Goodman, 18 noting the significance of her purposeful life 19 and accomplishments; and 20 "WHEREAS, Barbara Furrer Goodman 21 died on June 2, 2006, at the age of 74; and 22 "WHEREAS, Barbara Furrer Goodman 23 was born in Milwaukee, Wisconsin, on July 21, 24 1931. She graduated from the Putney School in 25 Vermont in 1949, and received a Bachelor of

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(518) 371-8910 1 Arts degree from Radcliffe College in 1953 and 2 a Master of Arts degree from Teachers 3 College-Columbia University in 1954 in early 4 childhood education; and 5 "WHEREAS, Her training experience 6 included teaching at Agnes Russell Center, a 7 West Side elementary school, and Madison 8 Avenue Presbyterian School. She subsequently 9 taught full-time at the Home School, 10 affiliated with the Child Education 11 Foundation; and 12 "WHEREAS, Barbara Furrer Goodman 13 distinguished herself in her profession and by 14 her sincere dedication and substantial 15 contribution to the welfare of her community; 16 and 17 "WHEREAS, Barbara Goodman's 18 commitment to excellence, and her spirit of 19 humanity, carried over into all fields of 20 enterprise, including charitable and civic 21 endeavors; and 22 "WHEREAS, Barbara Goodman became a 23 member of the Junior League in 1955. She 24 worked as a volunteer in hospitals and 25 settlement houses and on other League

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(518) 371-8910 1 committees. In 1961, she was elected to the 2 Junior League Board, became treasurer in 1964, 3 and president from 1968-1970; and 4 "WHEREAS, An active alumna of 5 Radcliffe College, Barbara Goodman served as 6 class secretary from 1962 to 1967, and was a 7 member of the Radcliffe Club Board from 1965 8 to 1967. She was also on the Radcliffe 9 Century Fund Committee in conjunction with her 10 work for the Radcliffe Choral Society; and 11 "WHEREAS, She served on the board 12 of the Lenox Hill Neighborhood Association, 13 Grosvenor Neighborhood House and the Committee 14 for Young Audiences. She was on the Patrons 15 Committee of the Metropolitan Opera 16 Association and also served on the Major Gifts 17 Committee of Stanford University as a parent 18 representative; and 19 "WHEREAS, in 1973, Mrs. Goodman was 20 elected a trustee of Teachers College-Columbia 21 University, where she served on the Education 22 Committee and was chairman of the Development 23 and Nominating Committees. In 1980, she was 24 elected chairman of the trustees and served in 25 that position until 1991. She was also an

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(518) 371-8910 1 active member of the Teachers College Board; 2 and 3 "WHEREAS, Barbara Goodman was the 4 loving wife of former State Senator Roy M. 5 Goodman, who is currently the president and 6 CEO of the United Nations Development 7 Corporation; and 8 "WHEREAS, In addition to her 9 husband, Barbara Goodman is survived by three 10 children and five grandchildren; and 11 "WHEREAS, Armed with a humanistic 12 spirit, imbued with a sense of compassion, and 13 comforted by a loving family, Barbara Goodman 14 leaves behind a legacy which will long endure 15 the passage of time and will remain as a 16 comforting memory to all she served and 17 befriended; now, therefore, be it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to honor the 20 memory of Barbara Furrer Goodman, salute her 21 accomplishments in bettering her community, 22 state and nation, and to express its deepest 23 condolences to her family; and be it further 24 "RESOLVED, That a copy of this 25 resolution, suitably engrossed, be transmitted

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(518) 371-8910 1 to the family of Barbara Furrer Goodman." 2 ACTING PRESIDENT YOUNG: Senator 3 Bruno, on the resolution. 4 SENATOR BRUNO: Thank you, Madam 5 President and colleagues. You just heard the 6 resolution describing in just a few words the 7 life of a great, great lady, Mrs. Roy Goodman, 8 Barbara. 9 Roy served here in the chamber with 10 us, as you all know, some 33, 34 years. 11 Barbara, you heard some description of her 12 dedication to young people, primarily. She 13 was dedicated to being helpful, being of 14 service to children especially because she 15 knew in their formative years that they needed 16 support. She was a community activist for her 17 adult life. 18 Roy Goodman was blessed in their 19 relationship. And Barbara, you talk about a 20 courageous lady, was on dialysis, as you may 21 know, for years and years. And in between 22 sessions, she never lost her upbeat, positive 23 attitude just relating to people. She was 24 truly a beautiful lady with a beautiful 25 spirit.

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(518) 371-8910 1 Senator Goodman has been fortunate 2 to have such a partner, such a wife, his 3 children such a mother. And everyone in 4 communities here in New York State who are 5 beneficiaries of her dedication, her 6 commitment, and her service to all of humanity 7 express our condolences to Roy and to his 8 family. And we know that Barbara is at peace 9 and getting her reward in heaven. 10 Thank you, Madam President. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Bruno. 13 Senator Farley, on the resolution. 14 SENATOR FARLEY: Thank you, Madam 15 President. 16 I rise to pay tribute to Barbara 17 Goodman. Roy Goodman, who served with us for 18 so many, many years -- over 30 -- was truly 19 blessed to have such a wife. A courageous 20 woman. 21 I'm only going to speak to one 22 thing. This was a lady that was on dialysis 23 for 10, 15 years, three times a week, yet it 24 never slowed her up. She was always there, a 25 great mother and a great wife and somebody

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(518) 371-8910 1 that really made a difference. 2 Barbara Goodman was a remarkable 3 woman. She never let her handicap of having 4 kidney problems slow her up. And I understand 5 the last few years she had the dialysis three 6 time at week at home. And that's a very hard 7 thing to live with. But she did it with 8 grace. And she was certainly a remarkable 9 woman and a remarkable wife. 10 I think everybody that serves in 11 this chamber knows how tough it is on your 12 spouse, no matter who -- of either sex. And 13 they're really special, because they have to 14 be patient, they're usually in second place 15 sometimes. And it takes a remarkable person 16 to be married to a senator, and Barbara 17 Goodman certainly was that person. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator Farley. 20 Senator Paterson. 21 SENATOR PATERSON: Thank you, 22 Madam President. And I'd like to thank the 23 Majority Leader and everybody here for taking 24 a moment out to honor Barbara Goodman. 25 She, in addition to her

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(518) 371-8910 1 relationship with Senator Goodman, was very 2 involved in a lot of his work, particularly in 3 philanthropy and the arts and had a great 4 appreciation. They were contributors together 5 to a lot of causes, enlightening all of us on 6 the great artistry and innovation, and in an 7 area that we feel is not featured enough in 8 our educational system, in our school system. 9 And they were both, and Senator Roy Goodman 10 continues to be, an advocate for the arts. 11 In addition, Barbara was involved 12 with support for the New York Public Library 13 and talked about these issues not only 14 personally with people when you'd see her, but 15 assisted in the opening of many libraries. 16 And just a person who, in spite of her own 17 personal challenges and a ten-year illness 18 toward the end of her life, continued her 19 service as a really outstanding citizen of 20 New York State. 21 And we certainly mourn her passing 22 and extend our best wishes to the Goodman 23 family and to our former colleague, who I kind 24 of miss around here. My vocabulary definitely 25 was improved just sitting around listening to

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(518) 371-8910 1 Senator Goodman. 2 And it was unfortunate for him that 3 he's had this loss at this time in his life. 4 But as colleagues of his and as friends of 5 his, we all want to send the entire Goodman 6 family our best wishes. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Paterson. 9 Senator Golden, on the resolution. 10 SENATOR GOLDEN: Thank you, Madam 11 President. 12 It's been so eloquently stated here 13 by our leader and by others how great Barbara 14 and the great Senator Goodman were, not only 15 to each other as a couple but to what they 16 were able to do for our city and our state. 17 They entertained kings and queens 18 and presidents from other nations. They 19 entertained the presidents of this nation four 20 or five times, bringing them into the city of 21 New York and working with them and working 22 towards enhancing the arts world in the city 23 and state of New York. 24 They worked with Carnegie Hall and 25 Lincoln Center, the conservancy. They worked

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(518) 371-8910 1 with the Central Park and others to enhance 2 their capabilities and to be able to bring 3 arts to other people and all the people that 4 would visit us from around the world. 5 He worked with the City Council and 6 the State Assembly here and the State Senate 7 here and was able to bring many dollars into 8 the communities of the city of New York. He 9 worked for education and public safety, and he 10 made the quality of life for those living in 11 the city and the state of New York that much 12 better. 13 The passing of Barbara and his own 14 sickness has really took a turn for the worse 15 for him. Our prayers go out to him and his 16 family and to Barbara that she is upstairs 17 looking down on him right now and praying for 18 his own safety. 19 Mr. Goodman was a great senator and 20 a great family man and a great man, and 21 Barbara will be truly missed by him and by 22 many here in the city and state of New York. 23 ACTING PRESIDENT YOUNG: Thank 24 you, Senator Golden. 25 Senator Krueger.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you, 2 Madam President. On the resolution. 3 I'm very honored to represent the 4 district that Senator Goodman represented so 5 well for 33 years. And I had the opportunity 6 to visit with him and his wife quite a few 7 times both before I even entered the field of 8 politics and since I became the senator 9 serving the district. And Senator Goodman and 10 I have had many opportunities to talk about 11 issues for our district in the last few years. 12 And people have spoken very 13 eloquently about his wife. And I would also 14 just like to, for the record, say what a 15 valuable contribution the Goodman family made 16 to the city of New York, to the people of 17 New York all these years, and that 18 Mrs. Goodman, while she was less in the 19 limelight than her husband, was always there 20 advocating for important issues, was well 21 known and well loved in our district. 22 And I also want to wish my very 23 best to his family on this loss. I know that 24 it is an enormous one for him and their 25 children and grandchildren, and am very

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(518) 371-8910 1 pleased that the Senate would take a few 2 moments from our deliberations today to show 3 our respect for Senator Goodman and his family 4 on the loss of his wife, Barbara. 5 Thank you, Madam President. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Krueger. 8 Senator Maltese. 9 SENATOR MALTESE: Yes, Madam 10 President, I rise to join in this resolution 11 of sorrow and loss and repeat what my 12 predecessors who have spoken today have said. 13 And knowing Barbara as Roy's wife, 14 it's hard to think of Roy without Barbara by 15 his side. In all the contact we have had in 16 the past years, in these many years, with our 17 own wives present and with Barbara there, it's 18 hard to think of Roy without her. 19 And we -- I know that as we spent 20 time together with Barbara, whether it was 21 official functions or at times of joy and at 22 times of official functions and nonofficial 23 functions, she always remained completely 24 joyful. And in recent years, thinking of the 25 burden that she had to bear in sorrow and

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(518) 371-8910 1 illness, she still always had a smile, always 2 happy, always pleased. It's hard to believe 3 that we will now, in the future, have to 4 contemplate Roy without Barbara. 5 She had many wonderful qualities, 6 and among them was her endearing charm, her 7 ability to look at the bright side of things, 8 her ability to put up with all of us as 9 colleagues of Senator Goodman. 10 And I join my Senate colleagues in 11 not only extolling her virtues but bemoaning 12 our loss. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Maltese. 15 Senator Johnson, on the resolution. 16 SENATOR JOHNSON: Yes, Madam 17 President. I'd like to express my condolences 18 to Roy and the family. 19 We knew Roy very well, of course, 20 serving about 30 years with him. He was a 21 delight at every luncheon. And every time we 22 happened to go out for a drink or a meal, Roy 23 had a list of jokes and he kept everybody 24 rolling in the aisles. He was really an 25 exciting and interesting person.

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(518) 371-8910 1 And as David Paterson said, he 2 taught him a few new words in the English 3 language, which was a function he did for all 4 of us. 5 I think I look forward every year 6 to receiving the Christmas card from the 7 family and seeing the beautiful children. And 8 raising up over the years his children, his 9 grandchildren, I always felt a part of that 10 family. 11 Last year, Roy and Barbara 12 celebrated their 50th wedding anniversary. 13 And I introduced the resolution here and you 14 all voted for it, and I had the opportunity 15 earlier this year to present that to Roy and 16 Barbara in the city. Together with a 17 gathering of 50 or 60 of their friends, we 18 made the presentation of the 50th anniversary 19 resolution of their wedding. 20 And it was really nice to see 21 Barbara. She was still moving around pretty 22 well then. Roy -- they all had little 23 problems, but they were together and they were 24 happy with their friends and we celebrated 25 that anniversary with them. And it made me

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(518) 371-8910 1 feel good and I'm sure it made all of you feel 2 good to know that you were one of the sponsors 3 of that resolution of their 50th anniversary. 4 So we celebrate their life and we 5 mourn Barbara's death, and we wish Roy and the 6 family all the best. 7 Thank you. 8 ACTING PRESIDENT YOUNG: Thank 9 you, Senator Johnson. 10 Our deepest sympathies with are 11 with our former colleague, Senator Roy 12 Goodman, and the entire Goodman family. 13 All in favor of the resolution 14 signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT YOUNG: Opposed, 17 nay. 18 (No response.) 19 ACTING PRESIDENT YOUNG: The 20 resolution is adopted. 21 Senator Bruno. 22 SENATOR BRUNO: Madam President, 23 can we open up this resolution to the floor. 24 And anyone that would prefer not to have their 25 name added, just step up privately and let the

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(518) 371-8910 1 desk know. 2 Thank you, Madam President. 3 ACTING PRESIDENT YOUNG: Yes, 4 Senator Bruno. Any Senator not wishing to be 5 on the resolution please notify the desk. 6 Senator Bruno. 7 SENATOR BRUNO: Madam President, 8 I believe Resolution Number 6150 was passed in 9 this house earlier today. I would ask that 10 you at this time recognize the sponsor, 11 Senator Connor. 12 ACTING PRESIDENT YOUNG: Senator 13 Connor. 14 SENATOR CONNOR: Thank you, Madam 15 President. Thank you, Senator Bruno. 16 This resolution commemoratives the 17 untimely passing of a former senator and a 18 predecessor of mine, Paul Bookson. Paul 19 served in the State Senate from 1965 to 1974. 20 And last September he was in court 21 practicing law -- he's a retired judge -- and 22 actually was in the courtroom where my wife 23 works, and left for lunch and, crossing the 24 street outside of the courthouse, was hit by 25 an automobile and killed.

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(518) 371-8910 1 Paul Bookson, after he served in 2 the State Senate -- and my other predecessor, 3 Carol Bellamy, actually defeated him in a 4 primary in a redistricting before the 1974 5 election year combined the two districts. 6 That's how I come to represent the Lower East 7 Side as well as part of Brooklyn. 8 And he then, a year later, ran for 9 the Civil Court in the City of New York, was 10 elected, served for quite a few years, I guess 11 from -- that would be 1975 until his 12 retirement, served for many years as an acting 13 Supreme Court justice. 14 After his retirement at age 70, he 15 then served as a judicial hearing officer and 16 was also with the firm of Herzfeld & Rubin, 17 practicing law. 18 One of the things that Paul did 19 when he was on the bench and after was he was 20 president of the historic Eldridge Street 21 Synagogue on the Lower East Side, the 22 synagogue that was built -- one of the first, 23 I guess, Rumanian synagogues in America, 24 Eastern European synagogues, and is being 25 restored. A very beautiful building, it's a

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(518) 371-8910 1 national historic site. And it still is a 2 synagogue. And it's under restoration back to 3 its 19th century grandeur. And it was quite a 4 beautiful building, built to be a synagogue. 5 Paul was president of that 6 congregation, worked very hard, was 7 instrumental in getting the Friends of the 8 Eldridge Street Synagogue formed some years 9 ago, who have gone on and raised literally 10 millions of dollars toward the restoration. 11 So I would ask all my colleagues to 12 join in sponsoring this resolution mourning 13 the passing of Paul Bookson and transmitting 14 the resolution to his wife and three 15 daughters. 16 So thank you, Madam President. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Connor. 19 Our condolences to Senator 20 Bookson's family. This resolution was 21 previously adopted today. 22 SENATOR CONNOR: Madam President. 23 ACTING PRESIDENT YOUNG: Senator 24 Connor. 25 SENATOR CONNOR: Yes, if we could

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(518) 371-8910 1 open it up for sponsorship by all the members 2 of the Senate, I think Senator Bookson's 3 family would appreciate that. 4 Thank you. 5 ACTING PRESIDENT YOUNG: Senator 6 Bruno, may we open this up to the entire 7 membership? 8 SENATOR BRUNO: Madam President, 9 please open up the resolution as the sponsor 10 requests. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Bruno. 13 Any member not wishing to be on the 14 resolution please notify the desk. 15 Senator Bruno. 16 SENATOR BRUNO: Madam President, 17 can we at this time take up the controversial 18 reading of the calendar. 19 ACTING PRESIDENT YOUNG: The 20 Secretary will ring the bell. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1012, by Senator Seward, Senate Print 7104, an 24 act to amend the Insurance Law. 25 SENATOR LIZ KRUEGER:

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(518) 371-8910 1 Explanation. 2 ACTING PRESIDENT YOUNG: Senator 3 Seward, an explanation has been requested. 4 SENATOR SEWARD: Certainly, Madam 5 President. 6 This legislation would permit all 7 health insurers in New York State to offer 8 high-deductible health plans which are coupled 9 with health savings accounts. 10 Now, currently state law 11 specifically prohibits high-deductible plans 12 and HSAs from being offered by HMOs or in the 13 individual market. It's only commercial plans 14 and non-HMO carriers are currently able to 15 offer these types of policies. 16 Now, these high-deductible plans 17 coupled with HSAs generally cost an average, 18 it's estimated, of close to 40 percent less 19 than traditional policies. And obviously by 20 offering this option is an opportunity to help 21 us reduce the nearly 3 million New Yorkers who 22 do not currently have health insurance. 23 Now, it's important to point out 24 that these policies will not be attractive to 25 everyone. It is important, however, to

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(518) 371-8910 1 provide, I think, one more option for 2 employers and employees to choose who 3 currently just simply cannot afford health 4 insurance policies. 5 So this bill, in a nutshell, would 6 just offer one more consumer choice by giving 7 employers and their workers more flexibility 8 when it comes to choosing the appropriate 9 health insurance coverage for themselves and 10 their loved ones. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Seward, for that explanation. 13 Senator Krueger. 14 SENATOR LIZ KRUEGER: Thank you, 15 Madam President. If the sponsor would please 16 yield. 17 ACTING PRESIDENT YOUNG: Senator 18 Seward, do you yield? 19 SENATOR SEWARD: Certainly, Madam 20 President. 21 ACTING PRESIDENT YOUNG: The 22 Senator yields. 23 SENATOR LIZ KRUEGER: Thank you. 24 Is this a variation on the bill you 25 have passed before in this house that was

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(518) 371-8910 1 called the "Freedom Health Plan" bill? How is 2 this different? 3 SENATOR SEWARD: Well, Madam 4 President, this bill takes just one provision 5 out of the so-called Freedom Plan which this 6 house has passed in other years. This bill 7 simply includes the high-deductible coupled 8 with the HSA provisions only. 9 The Freedom Health Plan included 10 the flexibility of not including all of the 11 current health insurance mandates. That was 12 in the old bill. And of course we also 13 included the tax credits for small businesses 14 were in the Freedom Plan. Now, we've passed 15 the tax credits as part of our state budget. 16 But to answer your question 17 directly, this includes only the provision 18 dealing with high-deductible policies coupled 19 with HSAs. It's limited to that in this 20 particular legislation. 21 SENATOR LIZ KRUEGER: Thank you. 22 Madam President, if through the sponsor would 23 continue to yield. 24 ACTING PRESIDENT YOUNG: Senator, 25 do you yield?

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(518) 371-8910 1 SENATOR SEWARD: Certainly. 2 ACTING PRESIDENT YOUNG: The 3 Senator yields. 4 SENATOR LIZ KRUEGER: Through 5 you, Madam President. 6 There was a recent United Hospital 7 Fund study that showed that two-thirds of the 8 state's nearly 3 million uninsured New Yorkers 9 that Senator Seward referenced actually live 10 in households earning less than 200 percent of 11 the federal poverty level. These are 12 low-income people. 13 You mentioned that you thought that 14 this type of insurance package would allow 15 uninsured New Yorkers to now become insured. 16 How would people who are very low income be 17 able to afford high-deductible insurance 18 policies? 19 SENATOR SEWARD: Well, Madam 20 President, it seems to me to aggressively 21 attack this problem of these 3 million 22 New Yorkers -- as the Senator points out, many 23 of whom are working, they do not qualify for 24 the Medicaid program -- I think it's important 25 certainly for us to continue our effort on a

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(518) 371-8910 1 number of fronts, including encouraging those 2 that are eligible to sign up for some of the 3 fine programs we have in New York State, the 4 Family Health Plus, Child Health Plus, and 5 Healthy New York. 6 And this body has gone on record, 7 in terms of the Healthy New York in 8 particular, with the thought of expanding the 9 opportunities for people to sign up for 10 Healthy New York. That's certainly also part 11 of the answer. 12 This particular legislation would 13 be helpful by providing just one more option, 14 one more option. 15 And the fact is because of the 16 savings that come from the high-deductible 17 policies, that savings, a portion of those 18 savings can be placed in this health savings 19 account to cover any medical expenses, 20 spending up to the high-deductible level, or 21 any office visits or medical costs that are 22 not covered by their health insurance plan 23 could be covered through this health savings 24 account. 25 So the pool of money that goes into

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(518) 371-8910 1 the health savings account would come from the 2 savings that are derived from these types of 3 policies. Savings from both the employee can 4 contribute and also the employer would receive 5 some savings. And that would provide the 6 resources to place into the HSAs. If that's 7 where your question is directed, where would 8 these resources come from to place into the 9 HSA, it would come from the savings that these 10 types of policies provide. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Seward. 13 Senator Krueger. 14 SENATOR LIZ KRUEGER: Thank you, 15 Madam President. If the sponsor would 16 continue to yield, please. 17 ACTING PRESIDENT YOUNG: Does the 18 sponsor yield? 19 SENATOR SEWARD: Certainly. 20 ACTING PRESIDENT YOUNG: The 21 Senator yields. 22 SENATOR LIZ KRUEGER: Thank you. 23 I'm not sure you did answer the 24 last question, but I'll move on. 25 My point, though, for the record,

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(518) 371-8910 1 was if you are one of the 3 million 2 New Yorkers who does not have health insurance 3 and disproportionately is too low-income to 4 afford even current health insurance plans for 5 yourself, it's not clear to me how you're 6 going to put away, say, the $2,000 for a 7 family in high deductibles. I believe that's 8 an estimate from the materials on your bill. 9 But to follow through on that, your 10 bill memo also says that these insurance 11 policies would be an estimated 40 percent less 12 in cost than current insurance policies. 13 Where is -- is that a mandate that a health 14 insurance company offering this policy would 15 have to come in at least 40 percent lower than 16 some statewide average? Where does that 17 number come from, or how is it mandated? 18 SENATOR SEWARD: Well, Madam 19 President, obviously it's an estimated number 20 that comes from the experience that we've had 21 in -- these types of policies are being 22 offered to a segment of the market currently. 23 In the commercial plans and in the non-HMO 24 carriers currently offer these policies, and 25 these types of savings have been the

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(518) 371-8910 1 experience from those policies that are 2 currently being offered in New York State. 3 What this bill does simply is to 4 allow HMOs and these policies to be available 5 in the individual market. That's all we're 6 doing under this bill is to provide this 7 option to the entire health insurance market 8 in New York rather than just one or segmented 9 pieces of the market. 10 ACTING PRESIDENT YOUNG: Thank 11 you, Senator Seward. 12 Senator Krueger. 13 SENATOR LIZ KRUEGER: Thank you. 14 If the sponsor would continue to yield, 15 please, Madam President. 16 ACTING PRESIDENT YOUNG: Senator 17 Seward will you yield? 18 SENATOR SEWARD: Certainly. 19 ACTING PRESIDENT YOUNG: The 20 Senator yields. 21 SENATOR LIZ KRUEGER: Thank you. 22 My understanding of your bill, at 23 least from previous discussions about the 24 variation on the bill that was, again, 25 slightly different, as I appreciate your

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(518) 371-8910 1 explaining, was that these health insurance 2 providers would be able to be exempt from 3 current mandates on types of care that are 4 covered. 5 So I'll ask you, if I was -- and 6 again, you're the Insurance chair, not a 7 physician, I understand. But if I were a 8 family with a child with diabetes, would you 9 recommend I go into a plan that might not 10 cover diabetes because they wouldn't have to 11 under this law? 12 SENATOR SEWARD: Well, Madam 13 President, this bill doesn't get into changing 14 any of the coverages that are required under 15 New York State law. We don't get into that. 16 You're talking about the previous legislation. 17 This bill simply allows for the 18 higher-deductible policies. That's all it 19 changes. Which under federal law is -- the 20 higher-deductible policies are coupled with 21 the HSAs. So that's what the federal law 22 says. 23 And that simply -- that's all we're 24 doing here. It's that simple. We're not 25 adjusting or changing any of the mandates or

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(518) 371-8910 1 the coverages that are currently available to 2 people. 3 SENATOR LIZ KRUEGER: Madam 4 President, if through you the sponsor would 5 continue to yield. 6 ACTING PRESIDENT YOUNG: Does the 7 sponsor yield? 8 SENATOR SEWARD: Certainly. 9 ACTING PRESIDENT YOUNG: The 10 Senator yields. 11 SENATOR LIZ KRUEGER: So just to 12 clarify what I think I just heard you say, 13 unlike your previous bill, in this bill we 14 would not be removing any mandated required 15 coverage in New York State insurance law. 16 So this would allow insurance 17 companies to have high-deductible health 18 savings account models but would not allow 19 them to cease to cover mandated coverage 20 existing in New York State insurance law? 21 SENATOR SEWARD: Madam President, 22 the Senator is correct. We're merely 23 adjusting that deductible level and 24 introducing HSAs to the entire health 25 insurance market.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Madam 2 President, on the bill. 3 ACTING PRESIDENT YOUNG: Senator 4 Krueger, on the bill. 5 SENATOR LIZ KRUEGER: Thank you. 6 I appreciate the Senator going 7 through the details of his bill. We have 8 dealt with a variation on this bill several 9 times, and Senator Seward knows that I have 10 disagreed strongly with the Freedom Health 11 insurance bill that he's proposed. 12 As I understand it, in this bill it 13 goes part of the way of his previous bill but 14 not all the way. Although I still have to say 15 that I will end up voting against this bill, 16 because I still think it's a flawed model. 17 And as you read literature coming 18 out of national studies, just going on the 19 Internet today I found any number of brand-new 20 studies of high-deductible insurance policies 21 and health savings accounts. And what has 22 been found is that while it is a reasonable 23 model perhaps for people who are healthy and 24 wealthy, it actually ends up not being a very 25 good model for people who may have illness in

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(518) 371-8910 1 their households or who are low-income. 2 And again, when we're talking about 3 trying to address uninsured people, I think we 4 really are talking about disproportionately 5 lower-income New Yorkers and New Yorkers who 6 have sick family members or chronically ill 7 family members. 8 And so even there, under the 9 Senator's analysis, since it would just put 10 another option out there on the table, maybe 11 an option that only healthy and wealthy people 12 might choose to have -- and you could ask the 13 question, well, then, why not? If it's an 14 insurance model and perhaps only healthy and 15 wealthy people will choose it, why not allow 16 that in the market? 17 And I'd say that my concerns tie 18 into the fact that, one, if it's an 19 employer-based model, the employer might 20 choose it for their employees as the only 21 option available, an option that many of their 22 employees would not be able to afford. And in 23 fact we could see as an outcome of this even 24 more New Yorkers not being eligible for health 25 insurance because the only plan they might

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(518) 371-8910 1 have available to them is the plan their 2 employer offers, and the only plan their 3 employer might offer is a high-deductible 4 health savings account model. Which, again, 5 might work for you if you're healthy and 6 wealthy, but not for everyone else. 7 So I worry that we actually might 8 find ourselves, as has been found in other 9 states around the nation that have gone down 10 this road, with actually more uninsured people 11 rather than less uninsured people. 12 I also think that there's a 13 fundamental issue of when you start to offer 14 one set of options out there that insurance 15 companies see as perhaps being a higher win 16 for them, that everyone will start to default 17 to that model. That if they can default to a 18 model where they make higher premium rates for 19 themselves and have to pay out less because in 20 a health savings account/higher-deductible 21 scenario, you the insuree end up paying so 22 much of it yourself, that insurance companies 23 in New York State may start to go down the 24 road of doing away with other insurance policy 25 offerings that they have that have been

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(518) 371-8910 1 effective and affordable for New Yorkers. 2 When I believe that the projected numbers, 3 based on national studies, are that this type 4 of program would not be affordable to the vast 5 majority of New Yorkers. 6 And just, again, because part of 7 this model allows you to have a tax deduction 8 for putting your money into a health savings 9 account, if you're in the 35 percent tax 10 range, you'd save 35 cents per dollar on your 11 taxes. If you're a working poor person 12 without health insurance who tried to go down 13 this road but was in the 10 percent tax range, 14 you'd only save 10 percent. 15 Or if you were one of the many poor 16 New Yorkers -- in fact, even poor New Yorkers 17 who are working -- who don't owe anything in 18 income taxes because their income is so low in 19 relationship to their expenses, they would 20 have no win, although they would find 21 themselves in a situation where they might put 22 off going to doctors because they couldn't 23 afford the deductibles, they weren't able to 24 invest in the health savings account to pay 25 for illnesses, and they would end up sicker

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(518) 371-8910 1 than under current scenarios because they 2 would have put off going to doctors at all 3 because they might end up in this kind of plan 4 versus the other plans that are currently 5 available in New York State. 6 I know that Senator Seward and I do 7 agree that we have a desperate need to make 8 sure that New Yorkers have access to health 9 insurance. And I know that he and I also 10 agree that we would like to have it be the 11 lowest cost possible for the greatest number 12 of people. And I do appreciate that he made 13 some changes to this bill. 14 But again, I think that the 15 research is pretty solid out there that going 16 down the road of high-deductible plans with 17 health savings accounts attached is not the 18 right answer for the people of New York or the 19 State of New York. And while I encourage him 20 to continue to explore new models to expand 21 eligibility for health insurance, and to try 22 to keep the costs reasonable, I think this is 23 the wrong way to go. 24 And I hope my colleagues who have 25 been concerned about the Freedom Plans in the

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(518) 371-8910 1 past will see this bill as a variation on the 2 same bill and also share with me their 3 concerns that this isn't the right answer for 4 New York State. 5 I'll be voting no. Thank you, 6 Madam President. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Krueger. 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 6. This 15 act shall take effect January 1, 2007. 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: Those recorded in 22 the negative on Calendar Number 1012 are 23 Senators Andrews, Connor, Coppola, Diaz, 24 Dilan, Duane, Gonzalez, Hassell-Thompson, 25 L. Krueger, Montgomery, Onorato, Oppenheimer,

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(518) 371-8910 1 Paterson, Sabini, Sampson, Savino, 2 Schneiderman, Serrano, A. Smith, M. Smith and 3 Stavisky. 4 Absent from voting: Senator C. 5 Kruger. 6 Ayes, 40. Nays, 21. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 That concludes the controversial 10 reading of the calendar. 11 Senator Morahan. 12 SENATOR MORAHAN: Thank you, 13 Madam President. Could we now have the 14 noncontroversial reading of Supplemental 15 Calendar 59A. 16 ACTING PRESIDENT YOUNG: We will 17 now have the noncontroversial reading of 18 Supplemental Calendar Number 59A. 19 SENATOR MORAHAN: I'll make an 20 announcement at this time, just so the members 21 know that at 5:30 we're going to recess for 22 about an hour and then come back. If we 23 haven't finished this supplemental calendar, 24 we'll come back at that time. 25 ACTING PRESIDENT YOUNG: Thank

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(518) 371-8910 1 you, Senator. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1890, by Senator Padavan, Senate Print 545, an 5 act to amend the Penal Law. 6 ACTING PRESIDENT YOUNG: Could we 7 have some order in the chamber, please. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of 11 November. 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: Those recorded in 18 the negative on Calendar Number 1890 are 19 Senators Diaz, Duane, Gonzalez, and Serrano. 20 Ayes, 58. Nays, 4. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1891, substituted earlier by Member of the 25 Assembly Pheffer, Assembly Print Number 699B,

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(518) 371-8910 1 an act to amend the Insurance Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect on the first of January 6 next succeeding. 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, 62. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1892, by Senator Padavan, Senate Print 2181A, 17 an act to amend the General Business Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1893, by Senator Meier, Senate Print 2319, an 7 act to amend the Tax Law. 8 ACTING PRESIDENT YOUNG: There is 9 a local fiscal impact note at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first day of a 13 sales tax quarterly period. 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, 62. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1894, by Senator Padavan, Senate Print 3484A, 24 an act to amend the Administrative Code of the 25 City of New York.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 17. 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, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1895, by Senator Volker, Senate Print 3912A, 15 an act to amend the Civil Practice Law and 16 Rules. 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.

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1896, substituted earlier by Member of the 6 Assembly Carrozza, Assembly Print Number 7 7060A, an act to amend the Civil Practice Law 8 and Rules. 9 ACTING PRESIDENT YOUNG: Read the 10 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, 62. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1897, by Senator Farley, Senate Print 4744A, 23 an act to amend the Banking Law and others. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect February 1, 2007. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Senator 7 Farley, to explain your vote. 8 SENATOR FARLEY: Just to explain 9 my vote, Madam President. 10 This is a piece of legislation that 11 has been editorialized throughout the state by 12 the Daily News and many other papers on deed 13 theft. I know that Senator Krueger was very 14 interested in this. And so many Senators have 15 asked about this legislation. 16 And it's a positive piece of 17 legislation that prevents deed theft. And I'm 18 pleased to have the support of this house on 19 this bill. 20 Thank you. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator Farley. You will be recorded in 23 the affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1898, substituted earlier by Member of the 5 Assembly Stevens, Assembly Print Number 7678A, 6 an act to amend the Criminal Procedure Law. 7 ACTING PRESIDENT YOUNG: Read the 8 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, 61. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1900, substituted earlier by the Assembly 22 Committee on Rules, Assembly Print Number 23 8846C, an act to amend the Public Health Law 24 and the Public Authorities Law. 25 ACTING PRESIDENT YOUNG: Read the

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(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, 62. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1902, substituted earlier by the Assembly 14 Committee on Rules, Assembly Print Number 15 9001A, an act to amend the Public Health 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1903, substituted earlier by Member of the 5 Assembly Benjamin, Assembly Print Number 6 6179A, an act to amend the General Business 7 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, 62. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1904, by Senator DeFrancisco, Senate Print 22 6709, an act to amend the Vehicle and Traffic 23 Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of 3 November. 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, 62. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1905, substituted earlier today by Member of 14 the Assembly Sweeney, Assembly Print Number 15 10269, an act in relation to redistributing. 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1906, substituted earlier by Member of the 5 Assembly Rivera, Assembly Print Number 10568, 6 an act to amend the Real Property Tax Law. 7 ACTING PRESIDENT YOUNG: Read the 8 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, 62. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1907, by Senator Wright, Senate Print 7199A, 21 an act to amend the General Municipal 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.

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(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, 62. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1911, by Senator Hannon, Senate Print 7491A, 11 an act to authorize the Mental Health 12 Association of Nassau County. 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, 61. Nays, 23 1. Senator Bonacic recorded in the negative. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1912, substituted earlier by Member of the 3 Assembly Nolan, Assembly Print Number 11083, 4 an act to amend the Education Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect September 1, 2006. 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, 62. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1913, substituted earlier by Member of the 19 Assembly Magee, Assembly Print Number 10854A, 20 an act to amend the Agriculture and Markets 21 Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect January 1.

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(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, 62. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1915, by Senator Meier, Senate Print 7660A, an 11 act to amend the Social Services Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 13. 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, 62. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1916, by Senator Maltese, Senate Print 7666,

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(518) 371-8910 1 an act to amend the Public Authorities Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 5. 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, 62. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1917, by Senator LaValle, Senate Print 7674A, 16 an act to authorize the Commissioner of 17 Environmental Conservation. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 6. 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

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1918, by Senator Spano, Senate Print 7818C, an 7 act to amend the Education Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 September. 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, 62. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1919, by Senator Meier, Senate Print 7889, an 23 act to amend the Penal Law and others. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 13. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1920, by Senator Balboni, Senate Print 7893, 13 an act to amend the Penal Law and the Criminal 14 Procedure Law. 15 SENATOR MONTGOMERY: Lay it 16 aside. 17 ACTING PRESIDENT YOUNG: The bill 18 is laid aside. 19 THE SECRETARY: Calendar Number 20 1922, by Senator Meier, Senate Print 7968A, an 21 act to amend the Highway Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(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, 62. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1923, by Senator Marchi, Senate Print 7970, an 11 act to amend the Real Property Tax Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 14. 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, 62. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1924, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Kolb, Assembly Print Number 2 11513, an act to amend the Alcoholic Beverage 3 Control Law. 4 ACTING PRESIDENT YOUNG: Read the 5 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 ACTING PRESIDENT YOUNG: Announce 12 the results. 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1925, by Senator Bonacic, Senate Print 8005A, 18 an act to amend the Private Housing Finance 19 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.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1926, by Senator Johnson, Senate Print 8083, 9 an act to amend the Tax Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect on the first day of a 14 sales tax quarterly period. 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, 62. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1927, by Senator Johnson, Senate Print 8085, 25 an act to amend the Tax Law.

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(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, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1928, by Senator Fuschillo, Senate Print 8124, 15 an act to amend the General Business 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1929, by Senator Leibell, Senate Print 8144, 5 an act to amend the Public Authorities 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, 62. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1930, by Senator Hannon, Senate Print 8145, an 20 act to amend the New York State Medical Care 21 Facilities Finance Agency Act. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(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, 62. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1931, by Senator Little, Senate Print 8164, an 11 act to legalize, validate, ratify and confirm. 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, 62. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1932, by Senator Saland, Senate Print 8171A,

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(518) 371-8910 1 an act to amend the Education Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 30th day. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. Nays, 10 1. Senator LaValle recorded in the negative. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1933, by the Senate Committee on Rules, Senate 15 Print Number 8177A, an act to amend 16 Chapter 509 of the Laws of 2003. 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.

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1935, by Senator Libous, Senate Print 8190, an 6 act to amend the Racing, Pari-Mutuel Wagering 7 and Breeding 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, 61. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1936, substituted earlier today by Member of 23 the Assembly Diaz, Assembly Print Number 9598, 24 an act to amend the State Administrative 25 Procedure Act.

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(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, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1937, by Senator Bruno, Senate Print 8205, an 15 act to amend the Highway Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 4. 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1938, by Senator Johnson, Senate Print 8231, 5 an act to amend the Civil Practice Law and 6 Rules. 7 ACTING PRESIDENT YOUNG: There is 8 a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 3. 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, 61. Nays, 18 1. Senator Valesky recorded in the negative. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1940, by Senator Hannon, Senate Print 8323, an 23 act to amend the Public Authorities Law and 24 the Public Health Law. 25 ACTING PRESIDENT YOUNG: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 6. 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 not to answer. 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 Senator Morahan, that completes the 13 noncontroversial reading of Senate 14 Supplemental Calendar 59A. 15 SENATOR MORAHAN: Thank you, 16 Madam President. Could we now have the 17 controversial reading of the same supplemental 18 calendar. I believe there's one lay-aside on 19 the floor. 20 ACTING PRESIDENT YOUNG: Thank 21 you, Senator Morahan. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1920, by Senator Balboni, Senate Print 7893, 25 an act to amend the Penal Law and the Criminal

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(518) 371-8910 1 Procedure Law. 2 ACTING PRESIDENT YOUNG: Senator 3 Montgomery. 4 SENATOR MONTGOMERY: A brief 5 explanation. 6 ACTING PRESIDENT YOUNG: Senator 7 Balboni, a brief explanation has been 8 requested. 9 SENATOR BALBONI: The bill goes 10 out to the gangs. Thanks. 11 (Laughter.) 12 ACTING PRESIDENT YOUNG: Senator 13 Montgomery. 14 SENATOR MONTGOMERY: Yes, thank 15 you, Madam President. 16 I do want to say that this bill is 17 very, very different from the bill that has 18 been touted with all kinds of draconian 19 measures. And so I wanted to compliment my 20 colleague Senator Balboni and Assemblyman 21 Rivera, because they have, I think, listened 22 to those of us who have tried, to whatever 23 extent possible, to have some balance to this 24 movement around gangs, especially as it 25 relates to those so-called gangs that are made

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(518) 371-8910 1 up primarily of teenagers in neighborhoods 2 across the state. 3 And I would hope that we would 4 continue in this vein, that while we certainly 5 need to have some intervention anytime that 6 there is criminal activity that is very 7 disruptive and dangerous and poses a threat to 8 the safety of citizens, we also must, I think, 9 pay much more attention and put much more 10 resources into those activities that divert 11 young people in particular, especially 12 teenagers, from that kind of behavior into 13 more positive and constructive-type 14 activities. 15 So I just did want to make a 16 comment on this legislation that it is not as 17 bad as I had anticipated it might be, that we 18 have -- that I think that my colleagues have 19 listened, and I look forward to continuing to 20 work with them. And therefore, I'm going to 21 vote to support this legislation. 22 ACTING PRESIDENT YOUNG: Senator 23 Sabini. 24 SENATOR SABINI: Thank you, Madam 25 President. On the bill very briefly.

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(518) 371-8910 1 I want to compliment the sponsor 2 for once again addressing the problem of gang 3 activity in our neighborhoods, which is 4 something that's concerned me and a number of 5 elected officials, particularly in areas where 6 gangs have come in from outside the country to 7 try and take over neighborhoods. 8 And I want to also compliment the 9 sponsor on his amazingly brief explanation. 10 Thank you. I vote aye. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Sabini. 13 Any other Senator wishing to be 14 heard? 15 Then the debate is closed. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT YOUNG: Senator 25 Balboni, to explain his vote.

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(518) 371-8910 1 SENATOR BALBONI: Yes, Madam 2 President. This debate went a lot better than 3 yesterday's. I think I found the right 4 measure. Thank you. I vote aye. 5 ACTING PRESIDENT YOUNG: I agree, 6 Senator Balboni. You will be recorded in the 7 affirmative. Thank you. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: In relation to 11 Calendar Number 1920, voting in the negative: 12 Senator Duane. 13 Absent from voting pursuant to 14 Rule 9: Senators Sampson, Skelos and Volker. 15 Absent from voting: Senator C. 16 Kruger. 17 Ayes, 57. Nays, 1. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 Senator Morahan. 21 SENATOR MORAHAN: If we can just 22 stay the way we are for the next 10 minutes or 23 so. We're going to have a Rules meeting at 24 5:15. 25 That Rules report will be back to

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(518) 371-8910 1 the chamber, and we'll vote on accepting those 2 Rules, and then we'll adjourn at 5:30 until 3 6:30, and then we'll be back to vote on the 4 remaining calendar. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Morahan. 7 The Senate will stand at ease. 8 (Whereupon, the Senate stood at 9 ease at 5:03 p.m.) 10 (Whereupon, the Senate reconvened 11 at 5:43 p.m.) 12 ACTING PRESIDENT GOLDEN: Senator 13 Leibell, you ready? 14 SENATOR LEIBELL: Yes, 15 Mr. President. 16 May we please return to the reports 17 of standing committees. I believe there's a 18 report of the Rules Committee at the desk. 19 ACTING PRESIDENT GOLDEN: Reports 20 of standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 24 following bills: 25 Senate Print 567A, by Senator

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(518) 371-8910 1 DeFrancisco, an act to amend the Village Law; 2 2747C, by Senator Winner, an act to 3 direct; 4 3027B, by Senator Morahan, an act 5 to amend the Tax Law; 6 3803A, by Senator Leibell, an act 7 to amend the Education Law; 8 5042B, by Senator Leibell, an act 9 to make certain parents; 10 5962, by Senator Marchi, an act to 11 amend the Tax Law; 12 6014A, by Senator Golden, an act to 13 amend the Vehicle and Traffic Law; 14 6523, by Senator Breslin, an act in 15 relation to permitting; 16 6593, by Senator Klein, an act to 17 amend Chapter 617 of the Laws of 2003; 18 6839, by Senator DeFrancisco, an 19 act to amend the Penal Law; 20 6977, by Senator Meier, an act to 21 amend the Real Property Tax Law; 22 7075, by Senator Golden, an act to 23 amend the Real Property Tax Law; 24 7341B, by Senator Hannon, an act 25 authorizing;

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(518) 371-8910 1 7350B, by Senator Maziarz, an act 2 to amend the Labor Law; 3 7351A, by Senator Rath, an act to 4 establish; 5 7402A, by Senator Morahan, an act 6 to amend the Vehicle and Traffic Law; 7 7531, by Senator Farley, an act to 8 amend the Education Law; 9 7568A, by Senator Nozzolio, an act 10 to amend Tax Law; 11 7710, by Senator Padavan, an act to 12 amend the Private Housing Finance Law; 13 7767, by Senator Bonacic, an act to 14 authorize; 15 7944A, by Senator Alesi, an act to 16 amend the General Business Law; 17 7966, by Senator Saland, an act to 18 amend the Town Law; 19 7973A, by Senator Young, an act to 20 amend the Vehicle and Traffic Law; 21 8013A, by Senator Nozzolio, an act 22 to amend the Vehicle and Traffic Law; 23 8017A, by Senator Winner, an act to 24 amend the Public Authorities Law; 25 8035A, by Senator LaValle, an act

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(518) 371-8910 1 to amend the Vehicle and Traffic Law; 2 8105A, by Senator Flanagan, an act 3 to amend the Not-For-Profit Corporation Law; 4 8116, by Senator Leibell, an act to 5 amend the Public Authorities Law; 6 8117, by Senator Leibell, an act to 7 amend the Public Authorities Law; 8 8121A, by Senator Flanagan, an act 9 to authorize; 10 8138A, by Senator Skelos, an act to 11 amend the Correction Law; 12 8198, by Senator Morahan, an act to 13 authorize; 14 8203, by Senator Seward, an act to 15 amend the Insurance Law; 16 8208, by Senator Flanagan, an act 17 to amend the Judiciary Law; 18 8209, by Senator Libous, an act to 19 amend the General Business Law; 20 8213, by Senator Wright, an act to 21 amend the Energy Law; 22 8214, by Senator Marcellino, an act 23 to amend Chapter 122 of the Laws of 2000; 24 8221A, by Senator Hannon, an act to 25 authorize;

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(518) 371-8910 1 8223, by Senator Saland, an act to 2 amend Chapter 425 of the Laws of 2002; 3 8224, by Senator Golden, an act to 4 amend the Real Property Tax Law; 5 8244, by Senator Trunzo, an act to 6 amend the Civil Service Law; 7 8247A, by Senator Bruno, an act to 8 authorize; 9 8255, by Senator Padavan, an act to 10 amend the Real Property Tax Law; 11 8299, by the Senate Committee on 12 Rules, an act to amend the Retirement and 13 Social Security Law; 14 And Senate Print 8313, by Senator 15 Saland, an act to amend the Education Law. 16 All bills ordered direct to third 17 reading. 18 ACTING PRESIDENT GOLDEN: Senator 19 Leibell. 20 SENATOR LEIBELL: Move to accept 21 the report of the Rules Committee. 22 ACTING PRESIDENT GOLDEN: All in 23 favor of accepting the report of the Rules 24 Committee signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT GOLDEN: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT GOLDEN: The 5 report is accepted. 6 Senator Leibell. 7 SENATOR LEIBELL: Mr. President, 8 would the Senate stand at ease until 6:30, 9 please. 10 ACTING PRESIDENT GOLDEN: The 11 Senate stands at ease. 12 (Whereupon, the Senate stood at 13 ease at 5:47 p.m.) 14 (Whereupon, the Senate reconvened 15 at 6:53 p.m.) 16 ACTING PRESIDENT YOUNG: Senator 17 Skelos. 18 SENATOR SKELOS: Madam President, 19 pursuant to Rule 9, I was required to be at a 20 meeting of the Medicaid Fraud Joint Conference 21 Committee and cast my vote as follows for 22 bills on the controversial calendar: Senate 23 Bill 7893, Calendar 1920, I vote aye. 24 ACTING PRESIDENT YOUNG: The 25 record will so reflect.

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(518) 371-8910 1 Senator Volker. 2 SENATOR VOLKER: Madam President, 3 pursuant to Rule 9, which I confess I guess I 4 had a part of, I was required to be at a 5 public hearing or meeting of the Medicaid 6 Fraud Conference Committee and cast my votes 7 as follows for bills on the controversial 8 calendar: Senate Bill Number 7893, Calendar 9 Number 1920, I vote aye. 10 Thank you. 11 ACTING PRESIDENT YOUNG: The 12 record will so reflect. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 if we could now take up Senate Supplemental 16 Calendar 59B, noncontroversial. 17 ACTING PRESIDENT YOUNG: We will 18 now have the noncontroversial reading of 19 Senate Supplemental Calendar 59B. 20 SENATOR PADAVAN: Madam 21 President. 22 ACTING PRESIDENT YOUNG: Senator 23 Padavan. 24 SENATOR PADAVAN: Yes, Madam 25 President, may I request that Calendar Number

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(518) 371-8910 1 1983, Senate Bill Print Number 8255, be 2 starred. 3 ACTING PRESIDENT YOUNG: So 4 ordered. 5 Senator Sampson. 6 SENATOR SAMPSON: Yes, Madam 7 President. Pursuant to Rule 9, I was required 8 to be at a public hearing of the Medicaid 9 Fraud Conference Committee. And if I was able 10 to cast a vote on Senate Bill 7893, it would 11 have been aye. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Sampson. The record will so 14 reflect. 15 SENATOR SAMPSON: Thank you. 16 ACTING PRESIDENT YOUNG: Senator 17 Skelos. 18 SENATOR SKELOS: Madam President, 19 I believe there's some housekeeping. If we 20 could take that up at this time prior to going 21 to the next calendar. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Skelos. 24 Senator Bonacic. 25 SENATOR BONACIC: Thank you,

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(518) 371-8910 1 Madam President. 2 I'd like to move to amend Senate 3 Bill Number 7351A, on behalf of Senator Rath, 4 by striking out the amendments made on 5 June 19th and restoring it to its original 6 Print Number 7351. 7 ACTING PRESIDENT YOUNG: So 8 ordered. 9 SENATOR BONACIC: And also, on 10 behalf of Senator Maziarz, I wish to call up 11 Print Number 5719B, recalled from the 12 Assembly, which is now at the desk. 13 ACTING PRESIDENT YOUNG: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 876, by Senator Maziarz, Senate Print 5719B, 17 an act to amend the General Business Law. 18 SENATOR BONACIC: Madam 19 President, I now move to reconsider the vote 20 by which the bill was passed. 21 ACTING PRESIDENT YOUNG: Call the 22 roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 SENATOR BONACIC: Madam

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(518) 371-8910 1 President, I now offer the following 2 amendments. 3 ACTING PRESIDENT YOUNG: The 4 amendments are received. 5 SENATOR BONACIC: Thank you. 6 ACTING PRESIDENT YOUNG: Thank 7 you. 8 Senator Skelos. 9 SENATOR SKELOS: Madam President, 10 are there any substitutions? 11 ACTING PRESIDENT YOUNG: Senator 12 Skelos, we will substitute those as they're 13 called. 14 SENATOR SKELOS: Madam President, 15 if we could take up the Supplemental Calendar 16 59B, noncontroversial. 17 ACTING PRESIDENT YOUNG: The 18 Secretary will read. 19 THE SECRETARY: In relation to 20 Calendar Number 1941, Senator DeFrancisco 21 moves to discharge, from the Committee on 22 Rules, Assembly Bill Number 315B and 23 substitute it for the identical Senate Bill 24 Number 567A, Third Reading Calendar 1941. 25 ACTING PRESIDENT YOUNG:

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(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1941, by Member of the Assembly Paulin, 5 Assembly Print Number 315B, an act to amend 6 the Village Law. 7 ACTING PRESIDENT YOUNG: Read the 8 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, 62. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1942, by Senator Winner, Senate Print 2747C, 21 an act to direct the Department of Economic 22 Development. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(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, 62. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1943, by Senator Morahan, Senate Print 3027B, 12 an act to amend the Tax Law. 13 ACTING PRESIDENT YOUNG: There is 14 a local fiscal impact note at the desk. 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the first day of the 18 sales tax quarterly period. 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, 61. Nays, 25 1. Senator Duane recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1944, Senator Leibell moves to 5 discharge, from the Committee on Education, 6 Assembly Bill Number 877A and substitute it 7 for the identical Senate Bill Number 3803A, 8 Third Reading Calendar 1944. 9 ACTING PRESIDENT YOUNG: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1944, by Member of the Assembly Tokasz, 14 Assembly Print Number 877A, an act to amend 15 the Education 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1945, by Senator Leibell, Senate Print 5042B, 5 an act to make certain parents, widows and 6 children of certain firefighters. 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, 62. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1946, by Senator Marchi, Senate Print 5962, an 21 act to amend the Tax Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the same date and in

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(518) 371-8910 1 the same manner as Chapter 508 of the Laws of 2 2005. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1948, Senator Breslin moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 9629 and substitute it 15 for the identical Senate Bill Number 6523, 16 Third Reading Calendar 1948. 17 ACTING PRESIDENT YOUNG: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1948, by Member of the Assembly Canestrari, 22 Assembly Print Number 9629, an act in relation 23 to permitting. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 60. Nays, 9 2. Senators Bonacic and Larkin recorded in 10 the negative. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1949, Senator Klein moves to 15 discharge, from the Committee on Local 16 Government, Assembly Bill Number 9753 and 17 substitute it for the identical Senate Bill 18 Number 6593, Third Reading Calendar 1949. 19 ACTING PRESIDENT YOUNG: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1949, by Member of the Assembly Paulin, 24 Assembly Print Number 9753, an act to amend 25 Chapter 617 of the Laws of 2003.

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(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, 62. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1950, by Senator DeFrancisco, Senate Print 16 6839, an act to amend the Penal 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 November. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1951, Senator Meier moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 10250 and substitute it 9 for the identical Senate Bill Number 6977, 10 Third Reading Calendar 1951. 11 ACTING PRESIDENT YOUNG: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1951, by Member of the Assembly Destito, 16 Assembly Print Number 10250, an act to amend 17 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

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1952, Senator Golden moves to 7 discharge, from the Committee on Local 8 Government, Assembly Bill Number 4360A and 9 substitute it for the identical Senate Bill 10 Number 7075, Third Reading Calendar 1952. 11 ACTING PRESIDENT YOUNG: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1952, by Member of the Assembly Weprin, 16 Assembly Print Number 4360A, an act to amend 17 the Real Property Tax Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect on the first of January. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT YOUNG: Announce

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1953, by Senator Hannon, Senate Print 7341B, 7 an act authorizing. 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, 60. Nays, 18 2. Senators Bonacic and Larkin recorded in 19 the negative. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1957, by Senator Farley, Senate Print 7531, an 24 act to amend the Education Law. 25 ACTING PRESIDENT YOUNG: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect April 1, 2007. 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, 62. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1958, Senator Nozzolio moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 10859A and substitute it 16 for the identical Senate Bill Number 7568A, 17 Third Reading Calendar 1958. 18 ACTING PRESIDENT YOUNG: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1958, by Member of the Assembly Magee, 23 Assembly Print Number 10859A, an act to amend 24 the Tax Law. 25 ACTING PRESIDENT YOUNG: Read the

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(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: In relation to 10 Calendar Number 1958: Ayes, 61. Nays, 1. 11 Senator Young recorded in the negative. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1959, by Senator Padavan, Senate Print 7710, 16 an act to amend the Private Housing Finance 17 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

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1960, by Senator Bonacic, Senate Print 7767, 7 an act to authorize the Village of Sidney, 8 County of Delaware. 9 ACTING PRESIDENT YOUNG: There is 10 a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 5. 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, 62. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1962, by Senator Saland, Senate Print 7966, an 24 act to amend the Tax Law. 25 ACTING PRESIDENT YOUNG: There is

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(518) 371-8910 1 a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 4. 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, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1965, by Senator Winner, Senate Print 8017A, 15 an act to amend the Public Authorities Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 4. 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1967, Senator Flanagan moves 5 to discharge, from the Committee on Rules, 6 Assembly Bill Number 10774A and substitute it 7 for the identical Senate Bill Number 8105A, 8 Third Reading Calendar 1967. 9 ACTING PRESIDENT YOUNG: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1967, by Member of the Assembly Weisenberg, 14 Assembly Print Number 10774A, an act to amend 15 the Not-For-Profit Corporation Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 90th day. 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1968, by Senator Leibell, Senate Print 8116, 5 an act to amend the Public Authorities 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, 61. Nays, 16 1. Senator Duane recorded in the negative. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1969, by Senator Leibell, Senate Print 8117, 21 an act to amend the Public Authorities Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(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, 62. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1970, Senator Flanagan moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 11293B and substitute it 13 for the identical Senate Bill Number 8121A, 14 Third Reading Calendar 1970. 15 ACTING PRESIDENT YOUNG: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1970, by Member of the Assembly Englebright, 20 Assembly Print Number 11293B, an act to 21 authorize the Three Village Historical 22 Society. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(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, 60. Nays, 8 2. Senators Bonacic and Larkin recorded in 9 the negative. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1971, by Senator Skelos, Senate Print 8138A, 14 an act to amend the Correction Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 60th day. 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, 62. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1972, by Senator Morahan, Senate Print 8198, 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 not to answer. 14 THE SECRETARY: In relation to 15 Calendar Number 1972, those recorded in the 16 negative are Senators Bonacic, Larkin and 17 Rath. 18 Ayes, 59. Nays, 3. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1973, by Senator Seward, Senate Print 8203, an 23 act to amend the Insurance Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1974 -- 13 SENATOR SKELOS: Please lay it 14 aside temporarily. 15 ACTING PRESIDENT YOUNG: The bill 16 is laid aside temporarily. 17 THE SECRETARY: Calendar Number 18 1976, by Senator Wright, Senate Print 8213, an 19 act to amend the Energy Law and the Tax Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 25. This 23 act shall take effect immediately. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1977, Senator Marcellino moves 9 to discharge, from the Committee on Rules, 10 Assembly Bill Number 11305 and substitute it 11 for the identical Senate Bill Number 8214, 12 Third Reading Calendar 1977. 13 ACTING PRESIDENT YOUNG: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1977, by Member of the Assembly O'Donnell, 18 Assembly Print Number 11305, an act to amend 19 Chapter 122 of the Laws of 2000, amending the 20 Environmental Conservation 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

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT YOUNG: Announce 4 the results. 5 THE SECRETARY: Ayes, 61. Nays, 6 1. Senator Duane recorded in the negative. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 Senator Skelos. 10 SENATOR SKELOS: Madam President, 11 if we could return to Calendar Number 1974. 12 ACTING PRESIDENT YOUNG: The 13 Secretary will read. 14 THE SECRETARY: In relation to 15 Calendar Number 1974, Senator Flanagan moves 16 to discharge, from the Committee on Rules, 17 Assembly Bill Number 11763A and substitute it 18 for the identical Senate Bill Number 8208, 19 Third Reading Calendar 1974. 20 ACTING PRESIDENT YOUNG: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1974, by the Assembly Committee on Rules, 25 Assembly Print Number 11763A, an act to amend

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(518) 371-8910 1 the Judiciary 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, 62. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1978, by Senator Hannon, Senate Print 8221A, 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.

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. Nays, 2 2. Senators Bonacic and Larkin recorded in 3 the negative. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1979, by Senator Saland, Senate Print 8223, an 8 act to amend Chapter 425 of the Laws of 2002. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 3. 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, 62. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 if we could return to Calendar Number 1955. 24 ACTING PRESIDENT YOUNG: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1955, by Senator Rath, Senate Print 7351, an 3 act to establish. 4 ACTING PRESIDENT YOUNG: There is 5 a home-rule message at the desk. 6 Read the 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, 62. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1980, Senator Golden moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 11797 and substitute it 21 for the identical Senate Bill Number 8224, 22 Third Reading Calendar 1980. 23 ACTING PRESIDENT YOUNG: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1980, by the Assembly Committee on Rules, 3 Assembly Print Number 11797, an act to amend 4 the Real Property Tax 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, 62. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1981, by Senator Trunzo, Senate Print 8244, an 19 act to amend the Civil Service 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.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1982, by Senator Bruno, Senate Print 8247A, an 9 act to authorize an extension. 10 ACTING PRESIDENT YOUNG: Read the 11 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: Announce 18 the results. 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1984, by the Senate Committee on Rules, Senate 24 Print Number 8299, an act to amend the 25 Retirement and Social Security Law.

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(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, 62. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1985, by Senator Saland, Senate Print 8313, an 15 act to amend the Education 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 That completes the reading of 4 Supplemental Calendar 59B. 5 Senator Skelos. 6 SENATOR SKELOS: Madam President, 7 is there any further business at the desk at 8 this time? 9 ACTING PRESIDENT YOUNG: No, 10 there isn't. 11 SENATOR SKELOS: For the benefit 12 of the members, there will be a meeting of the 13 Rules Committee in the Majority Conference 14 Room at 7:30. We will then take the report of 15 the Rules Committee, not bring it up for a 16 vote, and adjourn. 17 And I'm not making a formal motion 18 yet, but session tomorrow will be at 19 11:00 a.m. 20 So if we could stand at ease, and 21 there will be a meeting of the Rules Committee 22 at 7:30 p.m. 23 ACTING PRESIDENT YOUNG: The 24 Senate will stand at ease. 25 There's a meeting of the Rules

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(518) 371-8910 1 Committee at 7:30. 2 (Whereupon, the Senate stood at 3 ease at 7:17 p.m.) 4 (Whereupon, the Senate reconvened 5 at 7:51 p.m.) 6 ACTING PRESIDENT STACHOWSKI: 7 Senator Skelos. 8 SENATOR SKELOS: If we could 9 return to reports of standing committees, 10 there's a report of the Rules Committee at the 11 desk. I ask that it be read at this time. 12 ACTING PRESIDENT STACHOWSKI: 13 Reports of standing committees. 14 The Secretary will read. 15 THE SECRETARY: Senator Bruno, 16 from the Committee on Rules, reports the 17 following bills: 18 Senate Print 2522A, by Senator 19 Krueger, an act to authorize; 20 7352A, by Senator Saland, an act to 21 amend the Penal Law; 22 8148, by Senator Skelos, an act to 23 amend the Retirement and Social Security Law; 24 8156A, by Senator Oppenheimer, an 25 act authorizing;

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(518) 371-8910 1 8217, by Senator Little, an act to 2 amend the Real Property Tax Law; 3 8218, by Senator Meier, an act to 4 amend the Social Services Law; 5 8239, by Senator DeFrancisco, an 6 act to authorize; 7 8240, by Senator Marcellino, an act 8 to amend the Agriculture and Markets Law; 9 8242, by Senator Padavan, an act to 10 amend the Education Law; 11 8263, by Senator Fuschillo, an act 12 to amend the Penal Law; 13 8264A, by Senator Morahan, an act 14 to authorize; 15 8266A, by Senator Wright, an act to 16 amend the Public Authorities Law; 17 8268, by Senator Morahan, an act to 18 amend the Environmental Conservation Law; 19 8274, by Senator Robach, an act to 20 amend the Civil Service Law; 21 8276, by Senator Spano, an act to 22 amend Chapter 761 of the Laws of 1976; 23 8278A, by Senator Hannon, an act to 24 authorize; 25 8280, by Senator Balboni, an act to

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(518) 371-8910 1 amend the Executive Law; 2 8282, by Senator DeFrancisco, an 3 act to amend the General Municipal Law; 4 8284, by Senator Golden, an act to 5 amend the Penal Law; 6 8286A, by the Senate Committee on 7 Rules, an act to amend the Real Property Tax 8 Law; 9 8289, by Senator Maziarz, an act to 10 amend the Labor Law; 11 8290, by Senator Golden, an act to 12 amend the Penal Law; 13 8297A, by Senator Spano, an act to 14 amend the Tax Law; 15 8302, by Senator Skelos, an act to 16 authorize; 17 8305, by Senator Bonacic, an act 18 relating to authorizing; 19 8311, by Senator Larkin, an act 20 authorizing; 21 8328, by Senator Marcellino, an act 22 to amend the Tax Law; 23 8333, by Senator Bruno, an act 24 proposing; 25 8334, by Senator Bruno, an act to

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(518) 371-8910 1 amend the State Finance Law; 2 8338, by Senator Saland, an act to 3 authorize; 4 8339A, by Senator Robach, an act to 5 amend the Retirement and Social Security Law; 6 8348, by Senator Marchi, an act to 7 amend the Workers' Compensation Law; 8 8362, by the Senate Committee on 9 Rules, an act to amend the Real Property Tax 10 Law; 11 8382, by Senator Spano, an act to 12 amend the Labor Law; 13 8387, by Senator Rath, an act to 14 allow; 15 8389, by Senator Balboni, an act to 16 amend the Public Authorities Law; 17 And Senate Print 8390, by Senator 18 Alesi, an act to provide. 19 All bills ordered direct to third 20 reading. 21 ACTING PRESIDENT STACHOWSKI: 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, I 24 move that we accept the Rules report. 25 ACTING PRESIDENT STACHOWSKI: All

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(518) 371-8910 1 in favor of accepting the report of the Rules 2 Committee signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT STACHOWSKI: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT STACHOWSKI: The 8 report is accepted. 9 Senator Skelos. 10 SENATOR SKELOS: Is there any 11 further business at the desk? 12 ACTING PRESIDENT STACHOWSKI: No 13 further business. 14 SENATOR SKELOS: Mr. President, 15 there being no further business to come before 16 the Senate, I move we stand adjourned until 17 Wednesday, June 21st, at 11:00 a.m. 18 ACTING PRESIDENT STACHOWSKI: On 19 motion, the Senate stands adjourned until 20 Wednesday, June 21st, at 11:00 a.m. 21 (Whereupon, at 7:55 p.m., the 22 Senate adjourned.) 23 24 25

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(518) 371-8910