Thursday, June 22, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 22, 2006 11 10:30 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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

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(518) 371-8910 1 you for your cooperation. 2 Senator Bruno, obviously, as our 3 Majority Leader, without his efficiency and 4 his diligence, we never could have 5 accomplished all that we have. 6 I thank Senator Bruno, Senator 7 Paterson, before him -- because for me, this 8 is -- we may be seeing each other again later 9 in the year, but we may not. So I want to 10 thank Senator Paterson's predecessor, Senator 11 Connor, as well as each and every one of you. 12 You have made this, and I mean this 13 from the bottom of my heart, you have made 14 this a very enjoyable experience for me, with 15 the bipartisan cooperation. We've moved the 16 calendars ahead smoothly, I think, because of 17 that spirit of bipartisan cooperation, for the 18 benefit of the people. 19 And I'm confident we're going to 20 close this session in the same manner. Right? 21 Is there agreement? Can we vote on that? All 22 in favor, please signify by saying aye. 23 I wish you the very best. I feel a 24 bond, a positive bond with each and every one 25 of you. Where's Senator Duane? That includes

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(518) 371-8910 1 him too. 2 Have a great summer, and I look 3 forward to seeing all of you again. Good 4 luck. 5 (Extended applause.) 6 THE PRESIDENT: Presentation of 7 petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Reports of standing committees. 11 The Secretary will read. 12 THE SECRETARY: Senator 13 DeFrancisco, from the Committee on Judiciary, 14 reports the following nomination. 15 As a judge of the Oneida Family 16 Court, Randal B. Caldwell, of Utica. 17 THE PRESIDENT: Senator 18 DeFrancisco. 19 SENATOR DeFRANCISCO: Yes, thank 20 you, Madam President. 21 I rise to move the nomination of 22 Randal Caldwell for the position of judge of 23 the Oneida County Family Court. 24 The Governor as well as the Senate 25 have reviewed his qualifications and his

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(518) 371-8910 1 submissions. He appeared before the Judiciary 2 Committee today and was determined to be 3 qualified and passed unanimously to the full 4 Senate. 5 And I would move that nomination 6 and request that you call on Senator Meier to 7 second. 8 THE PRESIDENT: Senator Meier. 9 SENATOR MEIER: Thank you, Madam 10 President. 11 I'm pleased to rise to second the 12 nomination of Randal Caldwell as a judge of 13 the Family Court for Oneida County. I have 14 known Randy Caldwell for many years as a 15 practicing lawyer, and he brings significant 16 experience to this position. 17 His legal background encompasses 18 serving as a law clerk, as an assistant 19 district attorney, where he prosecuted every 20 manner of case as a municipal attorney serving 21 for the towns of Marcy and Deerfield, as a 22 privately practicing attorney, where he's had 23 the kinds of varied experience that is 24 necessary for Family Court. And also 25 presently serving as the county attorney of

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(518) 371-8910 1 Oneida County, which, as everyone knows, is a 2 position which holds significant 3 responsibilities before the Family Court. 4 One of the things I think that I 5 always look for as we review judicial 6 candidates is whether the candidate has a 7 rounded life outside of the law office and the 8 courtroom, because that tells you something 9 about the person's character. And Randy 10 Caldwell is such a person. He serves as a 11 volunteer fireman, he's coached both baseball 12 and hockey, working with kids in the community 13 where he practices law. 14 And it shows you, I think, that he 15 understands that you need to do more than just 16 make your living practicing law, you need to 17 put something back into the community. 18 And I would suspect that in 19 particular his work as a volunteer fireman 20 will serve him well in Family Court, where 21 you're going to put out a few fires now and 22 again. 23 He is my good friend, he's a great 24 lawyer, he's going to be a great judge. And, 25 Madam President, I'm pleased to second his

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(518) 371-8910 1 nomination. 2 THE PRESIDENT: All in favor of 3 the nomination of Randal B. Caldwell, of 4 Utica, as a judge of the Oneida Family Court 5 please signify by saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The nominee is 10 hereby confirmed. 11 Congratulations, Judge Caldwell, 12 and best wishes for success. 13 (Applause.) 14 THE PRESIDENT: Judge Caldwell is 15 accompanied today by his uncle, Robert 16 Basmajian, and his secretary, Rose Grimaldi. 17 Have a great celebration. 18 Reports of select committees. 19 Communications and reports from 20 state officers. 21 Motions and resolutions. 22 SENATOR ROBACH: Madam President, 23 are there any motions or substitutions at the 24 desk? 25 THE PRESIDENT: Yes, there are,

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(518) 371-8910 1 Senator. 2 The Secretary will read. 3 THE SECRETARY: On page 10, 4 Senator Young moves to discharge, from the 5 Committee on Rules, Assembly Bill Number 3676D 6 and substitute it for the identical Senate 7 Bill Number 568C, Third Reading Calendar 334. 8 On page 10, Senator Young moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 9703A and substitute it 11 for the identical Senate Bill Number 6508A, 12 Third Reading Calendar 343. 13 On page 18, Senator Winner moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 9995A and substitute it 16 for the identical Senate Bill Number 6767A, 17 Third Reading Calendar 707. 18 On page 20, Senator Spano moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 10922B and substitute it 21 for the identical Senate Bill Number 7318B, 22 Third Reading Calendar 752. 23 On page 23, Senator Flanagan moves 24 to discharge, from the Committee on Commerce, 25 Economic Development and Small Business,

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(518) 371-8910 1 Assembly Bill Number 10327 and substitute it 2 for the identical Senate Bill Number 7152, 3 Third Reading Calendar 851. 4 On page 30, Senator Wright moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 891F and substitute it 7 for the identical Senate Bill Number 5005F, 8 Third Reading Calendar 1044. 9 On page 31, Senator Saland moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 9907A and substitute it 12 for the identical Senate Bill Number 6871A, 13 Third Reading Calendar 1099. 14 On page 35, Senator Little moves to 15 discharge, from the Committee on Finance, 16 Assembly Bill Number 10724 and substitute it 17 for the identical Senate Bill Number 7740, 18 Third Reading Calendar 1185. 19 On page 39, Senator Winner moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 10680A and substitute it 22 for the identical Senate Bill Number 7246A, 23 Third Reading Calendar 1281. 24 On page 40, Senator Seward moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 11199B and substitute it 2 for the identical Senate Bill Number 7737B, 3 Third Reading Calendar 1323. 4 On page 48, Senator LaValle moves 5 to discharge, from the Committee on Rules, 6 Assembly Bill Number 10409B and substitute it 7 for the identical Senate Bill Number 7081B, 8 Third Reading Calendar 1498. 9 On page 51, Senator Padavan moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 9935B and substitute it 12 for the identical Senate Bill Number 6719B, 13 Third Reading Calendar 1611. 14 On page 53, Senator Golden moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 11255A and substitute it 17 for the identical Senate Bill Number 7885C, 18 Third Reading Calendar 1744. 19 On page 55, Senator DeFrancisco 20 moves to discharge, from the Committee on 21 Rules, Assembly Bill Number 4135C and 22 substitute it for the identical Senate Bill 23 Number 44C, Third Reading Calendar 1889. 24 On page 55, Senator Oppenheimer 25 moves to discharge, from the Committee on

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(518) 371-8910 1 Rules, Assembly Bill Number 10388B and 2 substitute it for the identical Senate Bill 3 Number 7444B, Third Reading Calendar 1910. 4 On page 56, Senator Golden moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 9128A and substitute it 7 for the identical Senate Bill Number 6014A, 8 Third Reading Calendar 1947. 9 And on page 57, Senator Oppenheimer 10 moves to discharge, from the Committee on 11 Rules, Assembly Bill Number 11747A and 12 substitute it for the identical Senate Bill 13 Number 8156A, Third Reading Calendar 1989. 14 THE PRESIDENT: Substitutions 15 ordered. 16 Senator Robach. 17 SENATOR ROBACH: Madam President, 18 there is a resolution at the desk by Senator 19 Marchi. If we could have that read in its 20 entirety and move for its immediate adoption. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Marchi, Legislative Resolution Number 6248, 25 honoring the life and accomplishments of

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(518) 371-8910 1 former Member of the Assembly Elizabeth 2 Connolly. 3 "WHEREAS, This Legislative Body is 4 greatly moved to recognize and pay reverent 5 tribute to Elizabeth A. Connelly, a cherished 6 friend and distinguished former colleague who 7 passed away on May 25, 2006, at age 77; and 8 "WHEREAS, Elizabeth 'Betty' 9 Connelly served with flair, elegance and 10 distinction as a member of the New York State 11 Assembly from 1973 through 2000, most 12 honorably representing the Richmond County 13 citizens of the 61st Assembly District from 14 1973 through 1982, the 58th Assembly District 15 from 1983 through 1992, and the 59th District 16 from 1993 until her retirement in 2000; and 17 "WHEREAS, Born Elizabeth Ann 18 Keresey on June 19, 1928, Elizabeth Connolly 19 was born in Brooklyn and raised in the 20 Depression-era Bronx, where she attended 21 Walton High School. In the mid-1940s, she 22 worked as a secretary at the New York Life 23 Insurance Company. Then, from 1946 to 1954, 24 she worked in Pan American World Airways' 25 cargo and telephone sales office, with her

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(518) 371-8910 1 future husband, Robert Connelly, whom she 2 married on September 6, 1952; and 3 "WHEREAS, A resident of Staten 4 Island since 1954, and a homemaker raising her 5 four children, she became an involved and 6 valued member of many community organizations. 7 She had developed a keen interest in politics 8 at an early age, soaking up the political 9 discussions of her mother and grandparents at 10 the family's kitchen table, and naturally 11 gravitated to local politics, first helping 12 several friends and, soon, becoming involved 13 herself; and 14 "WHEREAS, When she was elected to 15 the Assembly in 1973, Elizabeth Connelly 16 became the first woman from Staten Island ever 17 elected to public office and went on to be 18 reelected 13 times and to have a storied 19 27-year career of many firsts, virtually 20 unmatched in the Assembly; and 21 "WHEREAS, In 1977, Elizabeth 22 Connelly was appointed chairwoman of the 23 Assembly Committee on Mental Health, Mental 24 Retardation, Developmental Disabilities, 25 Alcoholism and Substance Abuse, making her the

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(518) 371-8910 1 first woman Democrat ever to chair an Assembly 2 standing committee; and 3 "WHEREAS, She led the mental health 4 committee until 1993, when she was appointed 5 to chair the Committee on Standing Committees, 6 the highest-ranking leadership post ever held 7 by a woman in the Assembly until, in 1995, she 8 was named to the highest-ranking leadership 9 post held by a woman in the history of the 10 New York State Assembly, Speaker Pro Tempore, 11 a position in which she truly excelled; and 12 "WHEREAS, As the voice of The 13 People's House, Elizabeth Connelly's respect 14 for tradition and achievement, for civility 15 and propriety, for dignity and graciousness, 16 at all times and under all conditions, whether 17 extending her heartfelt greetings to the 18 countless guests who came to the Assembly 19 Chamber from around the world or presiding 20 over a contentious debate, were 21 extraordinarily and greatly admired by all; 22 and 23 "WHEREAS, She also served on the 24 Health, Correction, Veterans' Affairs and 25 Rules Committees, as a member of the Committee

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(518) 371-8910 1 on Ways and Means, chair of the Assembly 2 Intern Committee, chair of the Assembly 3 Subcommittee on Drunk Driving, member of the 4 Assembly Subcommittee on Women Veterans and, 5 in 1993, was selected by her colleagues to 6 chair the New York State Legislative Women's 7 Caucus; and 8 "WHEREAS, Elizabeth Connelly was 9 named to, as well, and ably served on, the 10 State Ad Hoc Task Force on AIDS, the Assembly 11 Task Forces on the Homeless and New Americans, 12 the Governor's Interagency Task Force on 13 Troubled and Needy Children, and the State 14 Task Force on Implementation of the Americans 15 with Disabilities Act of 1990; and 16 "WHEREAS, She was a prime sponsor, 17 in the Assembly, for legislation that created 18 the Charter Commission for the City of Staten 19 Island, and she served as the vice chairwoman 20 of that commission; and 21 "WHEREAS, She was a strong advocate 22 for the people of Staten Island in the 23 expression of their interest in 24 self-governance; and 25 "WHEREAS, In every instance, she

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(518) 371-8910 1 authored or was instrumental in the passage of 2 legislation greatly affecting the lives of 3 citizens across the state. They include the 4 Stop DWI Program, the raising of the state's 5 legal drinking age from 18 to 19 (later raised 6 to 21), a treatment program for compulsive 7 gamblers, the first halfway house for women of 8 the metropolitan area addicted to alcohol, 9 treatment and education for victims of brain 10 injuries, the rights of veterans, both male 11 and female, and the prohibition of cars 12 passing a school bus stopped with its lights 13 flashing, first gaining its extension to 14 Staten Island, then the entire state, 15 including New York City; and 16 "WHEREAS, Elizabeth Connelly is 17 perhaps, though, best known for her advocacy 18 and leadership on behalf of people with a 19 mental illness and those who have a 20 developmental delay. Her efforts influenced 21 vast improvements in the mental health 22 community, including the reorganization of the 23 State Department of Mental Hygiene, the 24 closure of the Willowbrook State School, and 25 the movement to community-based care; and

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(518) 371-8910 1 "WHEREAS, Elizabeth Connelly was a 2 great lady and remarkable leader because her 3 leadership was not merely defined by her 4 character but by the battles she chose to 5 fight; and 6 "WHEREAS, Her commitment and 7 leadership extended to her community as well. 8 She was a member of numerous boards, 9 committees, societies, councils and other 10 community organizations. She served as the 11 first woman chair of the Board of Trustees of 12 Staten Island University Hospital. She was 13 honored many times for her contributions and 14 service. Six facilities on Staten Island are 15 already named in her honor. She and Robert 16 were long-time active members of Blessed 17 Sacrament Roman Catholic Church, where in 2002 18 they celebrated their 50th wedding 19 anniversary, and together they also served on 20 the board of the Staten Island September 11 21 Fund to aid local families of the victims of 22 that tragic day; and 23 "WHEREAS, Elizabeth Connelly is 24 survived by her husband, Robert V. Connelly; 25 her three daughters, Alice M. Lanzi, Margaret

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(518) 371-8910 1 A. Nicholson, and Therese B. Shannon; her son, 2 Robert V. Connelly, Jr.; her seven 3 grandchildren, Michael and Elizabeth Lanzi, 4 Richard, Thomas and Kerry Nicholson, and Jack 5 and Brian Shannon; and a legion of friends, 6 family members and colleagues for whom she was 7 an inspiration and who will long remember her 8 generosity of spirit; and 9 "WHEREAS, Trusted advisor, 10 steadfast friend and tenacious fighter on 11 behalf of the people she served and the things 12 in which she believed, Elizabeth Connelly 13 truly merits the grateful tribute of this 14 Legislative Body; now, therefore, be it 15 "RESOLVED, That this Legislative 16 Body pause in its deliberations to honor and 17 pay grateful tribute to the life and 18 accomplishments of Assemblywoman Elizabeth A. 19 Connelly, recognizing the significance of her 20 exemplary record of public service and 21 dedicating ourselves anew to the causes and 22 people she served so well; and be it further 23 "RESOLVED, That a copy of this 24 resolution, suitably engrossed, be transmitted 25 to the family of Elizabeth A. Connelly with

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(518) 371-8910 1 the deepest condolences of this Legislative 2 Body." 3 THE PRESIDENT: Senator Marchi. 4 SENATOR MARCHI: Madam President, 5 it was my good fortune to know Betty Connelly, 6 or Elizabeth Connelly, very well. And she was 7 truly a landmark in Staten Island, and we're 8 extremely proud of her. 9 We have another member here from 10 Staten Island; we never had this much. 11 But Betty was special. And her 12 daughter also works with me in Staten Island, 13 and they're an exceptional family. 14 When we consider the fact that she 15 was chairwoman of the Assembly Committee on 16 Mental Health, Mental Retardation, 17 Developmental Disabilities, Alcoholism and 18 Substance Abuse, making her the first woman 19 Democrat ever to chair an Assembly standing 20 committee. 21 And she set -- established an early 22 mark. And she's revered and prayed for by so 23 many people in Richmond County, but also the 24 State of New York and the United States, 25 because she pioneered those who had suffered,

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(518) 371-8910 1 by circumstances, deficiencies and 2 difficulties. 3 So when I see you, Madam President, 4 I see you as a future -- all right, I won't 5 disclose, but I think all of us share a very 6 sympathetic view of you. And it's just 7 wonderful to see you up there, as it was 8 wonderful to see Betty Connelly up there. And 9 she did it in the Assembly, where the 10 membership was much bigger. 11 So these facts are here, and there 12 are others who will join in, I'm sure, 13 extending to her their heartfelt feelings. 14 And this will be treasured. I know that her 15 husband, if he could have been here, would 16 have. And he will be delighted that we took 17 this action here on the floor of the Senate, 18 and tracking with also the homage paid to her 19 by the Assembly. 20 So, Madam President, I'm very proud 21 to see this come before the full Assembly. 22 And if you assent to this, maybe 30 or 40 23 years from now I'll come back, I promise, for 24 you too. 25 Thank you.

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(518) 371-8910 1 THE PRESIDENT: Thank you, 2 Senator Marchi. 3 Senator Padavan. 4 SENATOR PADAVAN: Yes, thank you, 5 Madam President. 6 First let me thank Senator Marchi 7 for introducing this resolution and presenting 8 it to us in the manner which he just did. 9 From 1976 to 1986, Betty Connelly 10 and I found ourselves in the unique position 11 of each chairing, in our respective houses, 12 what was then the Senate Committee on Mental 13 Health, Addiction, involving two committees 14 that now exist, at a point in time with 15 Governor Carey and others spearheading 16 initiatives of a total restructuring of the 17 delivery system for the mentally ill, the 18 addicted, the retarded in the State of 19 New York. 20 Hundreds of different bills, 21 legislation, each one a landmark in its own 22 way, were presented to the Legislature, 23 developed by the Legislature for enactment. 24 Betty and I traveled around the 25 state, in many different places, from

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(518) 371-8910 1 Rochester to New York City, over an extended 2 period of time, holding hearings. And we did 3 so knowing full well that this was far from a 4 partisan issue, that together we wanted to do 5 the best we could do for those were, for 6 reasons unbeknownst to us, deprived of one 7 faculty or the other, addicted in one form or 8 the other, and had to be dealt with in an 9 appropriate way. 10 And so for ten years, she and I 11 worked together creating the Quality of Care 12 Commission, the site selection law, the 13 reorganization of OMH, the development of 14 OMRDD, and the list goes on and on and on. 15 And it was a very productive time. 16 It was a joy to work with her. She 17 was a not only a bright woman in every 18 respect, and a great legislator, but also one 19 you could relate to on a personal level and 20 communicate with in a way that is sometimes 21 unique. 22 And if there were any successes 23 that we all enjoyed during that decade, it was 24 because of her dedication and hard work. 25 And so, Senator Marchi, your

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(518) 371-8910 1 resolution says it all, in far more eloquent 2 ways than I can. But we build on the 3 shoulders of others, we all know that. As 4 time evolves, whatever we've accomplished 5 years from now won't even be remembered. But 6 this resolution will be on the record telling 7 everyone what this great lady did for that 8 period of time. And I thank you for doing it. 9 THE PRESIDENT: Senator Savino. 10 SENATOR SAVINO: Thank you, Madam 11 President. 12 I also want to thank Senator Marchi 13 for bringing this resolution commemorating the 14 life of Elizabeth Connelly, whose passing 15 certainly devastated Staten Island. We were 16 heartbroken when she left us recently. She 17 was a true example of what all of us should 18 strive to be. 19 And a lot has been made about the 20 fact that Betty Connelly was the first woman 21 ever elected from Staten Island. And it's on 22 her shoulders that I stand. 23 When she first came here, she used 24 to tell me that they didn't even have a 25 ladies' room on the floor of the Assembly.

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(518) 371-8910 1 And it was much harder for her; she was a 2 young woman with small children. And yet she 3 managed to tend to the needs of her family -- 4 her husband, Bob, her three kids -- come up 5 here every week, do what was necessary for 6 Staten Island. She became one of the greatest 7 advocates for women, women who suffer from 8 substance abuse, and mental health. 9 Some of her crowning achievements 10 in Staten Island is erasing the image of 11 Willowbrook and replacing it with the 12 Elizabeth Connelly Center and becoming a model 13 for mental health services. 14 The last time I saw Betty was about 15 two months ago at a luncheon for Amethyst 16 House. Amethyst House was a program that she 17 helped found for women who suffered from 18 substance abuse, a place where they could go 19 to get treatment and that their children could 20 be with them so that their families would 21 remain intact while they suffered through what 22 was a terrible time for them. 23 Betty never gave up on any of her 24 causes. Even after she left the Assembly, she 25 remained active in community causes. And she

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(518) 371-8910 1 was an inspiration to all of us. She worked 2 harder than us, she was more inspiring than 3 any of us could ever be. And her loss to 4 Staten Island and to New York City is 5 certainly something that is going to take us 6 quite a while to get over. 7 So I want to thank you, Senator 8 Marchi, for allowing us to take this moment to 9 recognize Elizabeth Connelly. 10 THE PRESIDENT: Senator Leibell. 11 SENATOR LEIBELL: Thank you, 12 Madam President. 13 In listening to my colleagues' 14 comments and their recollections, I went over 15 earlier in the week to the Assembly when they 16 were having the commemoration in honor of 17 Betty Connelly. And I served for 12 years in 18 that house and served with Betty. And like my 19 colleagues say, she was truly a remarkable 20 woman. 21 And she was a leader, but not just 22 in terms of the definition we use in the 23 Capitol for leader. She was a leader in every 24 way. As was noted, she was at the forefront 25 of helping people who were less fortunate in

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(518) 371-8910 1 life, people with handicaps, a variety of 2 types of disabilities. And I might add, this 3 continued even after she left the State 4 Legislature. 5 So to lose Betty Connelly is truly 6 a great loss for all of us, for the people of 7 this great State of New York, and especially 8 for her own family. I know her family quite 9 well. As she became ill, she was brave in her 10 illness, as she was brave in all the issues 11 she fought for in public life. 12 So we will all greatly miss Betty 13 Connelly. 14 THE PRESIDENT: Senator Little. 15 SENATOR LITTLE: Thank you. 16 I certainly knew Betty Connelly as 17 a member of the Assembly for seven years. But 18 we also had a connection, as I do with Senator 19 Marchi, because I lived on Staten Island for 20 two years. So I'm not totally an Adirondack 21 woman. 22 I taught school at PS 8 in Great 23 Kills and always enjoyed talking about Staten 24 Island with Betty Connelly. And we actually 25 had some people that we both knew in common.

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(518) 371-8910 1 Well, when I got to the Assembly, 2 Betty Connelly was an example for what a woman 3 legislator -- what any legislator should be. 4 She was absolutely a wonderful person, a 5 wonderful model for other legislators, and a 6 mentor for many of us as we came on board. 7 Her years as speaker pro tem were 8 perfect examples of what a person's demeanor 9 should be and how they should respect other 10 people regardless of their party, but always 11 listening and dealing with them in a very, 12 very respectful way. 13 The one thing I also noticed about 14 Betty, and I think everyone did, is that she 15 loved her position, she loved representing 16 Staten Island, and she loved everything that 17 she was doing up here. 18 She was a great person. We all 19 miss her, and I'm sure her family misses her 20 greatly as well. But it was an honor to have 21 known her. 22 Thank you. 23 THE PRESIDENT: Senator Flanagan. 24 SENATOR FLANAGAN: Thank you, 25 Madam President.

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(518) 371-8910 1 I too had the opportunity to serve 2 with Assemblywoman Connelly for 16 years. 3 A couple of brief observations. I 4 would characterize her as sort of the female 5 equivalent of John Marchi. Everybody -- and 6 maybe it's a Staten Island thing, but 7 everybody listens, everybody reveres them, and 8 everybody respects them. 9 She exemplified what the real 10 meaning of being a lady is. I think she 11 exemplified the qualities in human beings that 12 we would all like to see and hopefully 13 emulate. And she just had a certain 14 temperament and demeanor, as Senator Little 15 spoke of. When she was on the rostrum, she 16 just sort of had this look. She could just 17 give you a glance, and you knew you were 18 supposed to sit down or be quiet or whatever 19 the case was. 20 But she was a terrific person to 21 deal with, and her legacy as a public servant 22 and great human being will stand the test of 23 time in a very positive way. 24 THE PRESIDENT: Senator Robach. 25 SENATOR ROBACH: Yes, Madam

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(518) 371-8910 1 President. I too rise, served 10 years with 2 Betty Connelly, not only worked with her in 3 the Legislature but also in the Irish 4 Legislators Society as an officer. 5 And in addition to the many, many 6 great legislative accomplishments she had with 7 people with disabilities, people dealing with 8 substance abuse, mental health issues, 9 gambling addictions, crime victims, DWI 10 victims, I think it's important for the record 11 to note that I think Betty exemplified, more 12 so than anybody I know in the Legislature, in 13 a nonpartisan, human way, a real civility to 14 the Legislature that is an example, something 15 we could probably all use more of. 16 She was not only effective and 17 direct, she treated everyone -- and I mean 18 everyone, of every party, whether they were 19 new or a long-standing legislator or a 20 constituent, for that matter -- with the 21 utmost degree of respect. And we are 22 diminished by her leaving the Legislature, but 23 more so by her passing. 24 And I would even go one step 25 farther, to say she was not only a role model

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(518) 371-8910 1 in the Legislature but I think a role model to 2 all of us, as a human being, as a neighbor, a 3 community activist, a mother and a friend. 4 And while she's gone, she will not be 5 forgotten. 6 And I too would thank John Marchi 7 for bringing this important resolution to the 8 floor. 9 THE PRESIDENT: Senator Volker. 10 SENATOR VOLKER: Madam President, 11 Betty Connelly was not just a great legislator 12 and a wonderful person, but she was a gentle 13 leader. 14 And it's unfortunate that Frank is 15 gone, here, because I was going to say, 16 however, she was tough enough to deal with 17 Frank Padavan. I mean, you know, she could -- 18 there were times when they argued over bills, 19 and I would be privy to some of those 20 discussions. But Frank always realized that 21 he -- and he always loved Betty. And despite 22 the fact that sometimes it didn't seem that 23 way, he always did, and I knew that. 24 Betty Connelly was one of the real 25 movers and shakers, as they say of our

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(518) 371-8910 1 American-Irish legislators. I don't know of 2 anybody that disliked Betty Connelly. 3 And you know, something was said 4 about Staten Island and gentility. Well, 5 there may be a lot of truth to that. Because 6 probably at one time when Betty was here in 7 the Assembly, between John Marchi and Betty 8 Connelly, I don't think there was any area of 9 our state that people felt was more 10 represented by fine, warm, good human beings. 11 I will very much miss her. I was 12 privileged to be in her presence and her 13 husband's on a number of occasions. My wife 14 and I had a dinner with them a number of 15 times. He was also a very wonderful man, and 16 I spoke briefly with him before her passing. 17 We will miss her, but she is part 18 of the culture, in my opinion, of this 19 Legislature. And we who have been part of 20 that, we'll never forget her. 21 And yes, thank you, Senator Marchi. 22 Of course, you're part of the culture here 23 more than anybody else. 24 But Betty will be deeply missed. 25 THE PRESIDENT: Senator Winner.

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(518) 371-8910 1 SENATOR WINNER: Thank you, Madam 2 President. 3 I would be remiss I didn't stand to 4 express my not only condolences over Betty's 5 passing but my respect for her over the 22 6 years that I served with her in the Assembly. 7 Betty Connelly, in particular as 8 speaker pro tem, brought such order and 9 dignity and respect to the house -- which, 10 believe it or not, in some instances could get 11 a little unruly over there. I know that would 12 come as a rather large shock to those of you 13 who are here. 14 And as minority leader pro tem, she 15 certainly was the type of person that I 16 cowered to when she would be somewhat severe 17 when she needed to be in order to maintain 18 that order and dignity that the Assembly 19 needed to have maintained. And she presided 20 over that house with such great class, 21 dignity, and presence that it made the service 22 in the Assembly very, very much of an honor to 23 be able to participate. 24 So I had tremendous respect for 25 her. I tremendously admired her. And as a

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(518) 371-8910 1 result, the Assembly, when she retired in 2 2000, the Assembly was sorely at a loss for 3 her no longer being there. 4 So thank you, Senator Marchi, for 5 bringing this resolution before us. 6 THE PRESIDENT: Senator Farley. 7 SENATOR FARLEY: Thank you, Madam 8 President. 9 You know, Senator Flanagan said 10 very much what was on my mind. She was the 11 equivalent of John Marchi over there, and such 12 dignity and class. 13 I knew her well. Not only was she 14 a very dignified and classy woman, I had the 15 good fortune of having her daughter Margaret 16 as my student. And I would say something to 17 Betty about how well she was doing, what a 18 lovely young woman Margaret was, and she would 19 absolutely beam and be thrilled. Because I 20 guess there's no more important role for 21 anyone than being a mother and watching their 22 offspring do well. And the same applies for 23 fathers. 24 But Betty Connelly was not only a 25 great legislator and a dignified, lovely,

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(518) 371-8910 1 lovely woman, she was also a great mother and 2 had a beautiful family. And my deepest 3 sympathy goes out to her family, because she 4 truly was a credit to the Legislature and to 5 New York State and to Staten Island. And we 6 wish her family well. 7 THE PRESIDENT: Senator Marchi. 8 SENATOR MARCHI: I was going to 9 suggest I believe there's a widespread feeling 10 about this wonderful woman, who was a great 11 mother -- bipartisan. She had all of 12 qualities and the tremendous contributions she 13 made that everybody in this chamber would 14 probably like to share sponsorship in her, 15 unless they indicate to the contrary. 16 But -- and this is an unusual case. 17 You don't get too many cases like this that 18 would have enjoyed total support then, now, 19 and I'm sure in the future. 20 Thank you, Madam President. 21 THE PRESIDENT: Senator Robach, 22 do you have any objection? 23 SENATOR ROBACH: Yes, Madam 24 President, let's open this up to everyone. 25 And if someone would not like their

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(518) 371-8910 1 name on this resolution honoring Assemblywoman 2 Connelly, please let the front desk know. 3 THE PRESIDENT: First of all, all 4 in favor of the resolution please signify by 5 saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The resolution is 10 adopted. 11 Any member who does not wish to 12 cosponsor the last resolution please notify 13 the desk. 14 Senator Robach. 15 SENATOR ROBACH: Yes, Madam 16 President, could we go to the noncontroversial 17 reading of the calendar, please. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: Calendar Number 21 193, by Senator Meier, Senate Print 5392B, an 22 act to amend the Social Services Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 194, by Senator Meier, Senate Print 5393A, an 9 act to amend the Family Court Act and the 10 Executive Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 5. This 14 act shall take effect on the 90th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 244, by Senator Nozzolio, Senate Print 6471E, 22 an act to authorize the Urban Development 23 Corporation to transfer. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 260, by Senator Little, Senate Print 6002A, an 10 act to amend the Navigation Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 7. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 271, by Senator Little, Senate Print 6384A, an 22 act in relation to creating. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 8. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 327, by Senator Alesi, Senate Print 5023A, an 9 act to amend the Retirement and Social 10 Security Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: In relation to 21 Calendar Number 334, substituted earlier 22 today -- 23 SENATOR HASSELL-THOMPSON: Lay it 24 aside. 25 THE PRESIDENT: The bill is laid

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(518) 371-8910 1 aside. 2 THE SECRETARY: Calendar Number 3 343, substituted earlier today by Member of 4 the Assembly Parment, Assembly Print Number 5 9703A, an act to amend the Tax Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect March 1, 2006. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 357, by Senator Rath, Senate Print 6566, an 17 act to amend the Tax Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 428, by Senator Maziarz, Senate Print 6802, an 4 act to amend the Workers' Compensation Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 6. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 507, by Senator Seward, Senate Print 6887A, an 16 act to amend the Insurance Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 553, by Senator Padavan, Senate Print 4565, an 3 act to amend the Administrative Code of the 4 City of New York. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 649, by Senator Padavan, Senate Print 6997A, 16 an act to amend the Penal Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 707, substituted earlier today by Member of 3 the Assembly Koon, Assembly Print Number 4 9995A, an act to amend the Agriculture and 5 Markets Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 727, by Senator Seward, Senate Print 7040A, an 17 act in relation to legalizing, validating, 18 ratifying and confirming. 19 THE PRESIDENT: There is a 20 home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 733, by Senator Spano, Senate Print 6703B, an 6 act to amend the Social Services Law and the 7 County Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 5. This 11 act shall take effect on the 120th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 752, substituted earlier today by Member of 19 the Assembly John, Assembly Print Number 20 10922B, an act to amend the Labor Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 760, by Senator Alesi, Senate Print 7001C, an 7 act to amend the Public Health Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect one year after it shall 12 have become a law. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. Nays, 16 1. Senator Little recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 805, by Senator Winner, Senate Print 2616A, an 21 act to amend the Highway Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 5. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 847, by Senator LaValle, Senate Print 2864C, 8 an act to amend the Education Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 12. This 12 act shall take effect on the 180th day. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 851, substituted earlier today by Member of 20 the Assembly Christensen, Assembly Print 21 Number 10327, an act to amend the State 22 Administrative Procedure Act. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 180th day. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 858, by Senator Nozzolio, Senate Print 7234B, 9 an act to amend the Real Property Tax Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. Nays, 17 1. Senator Duane recorded in the negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 922, by Senator Balboni, Senate Print 7209B, 22 an act to amend the Military Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 925, by Senator Balboni, Senate Print 7709A, 9 an act to amend the Executive Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Senator Balboni, 17 to explain your vote. 18 SENATOR BALBONI: Madam 19 President, let me begin my comments by saying 20 how wonderful you look today, that wonderful 21 color. 22 You've done such a wonderful job 23 through your entire tenure, you continue doing 24 it. It's wonderful to have you here. 25 THE PRESIDENT: Thank you. You

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(518) 371-8910 1 may be seated now. 2 (Laughter.) 3 SENATOR BALBONI: Everybody has 4 that same response to me. 5 This bill, again, marks a point 6 where New York is going to lead the way again. 7 After the Dubai Ports World issue at the 8 New York ports and the national ports, we 9 responded -- this is an agreed-to bill with 10 the Assembly -- and we'll be the first state 11 in the nation to require that if a state asset 12 is sold, there will be a security vetting to 13 make sure that that critical asset is not 14 compromised by the sale. 15 It's the first time we're doing it, 16 first time in the nation. Again, we in 17 New York lead the way. 18 I'm going to vote aye, Madam 19 President. Thank you. 20 THE PRESIDENT: You will be so 21 recorded as voting in the affirmative, Senator 22 Balboni. 23 Senator Duane. 24 SENATOR DUANE: Thank you, Madam 25 President. Lovely though this bill is --

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(518) 371-8910 1 though not as lovely as you today -- I would 2 be remiss if I did not -- 3 THE PRESIDENT: Today? 4 SENATOR DUANE: I would be remiss 5 I didn't mention that there's no minority 6 representation in this bill. So I'm afraid 7 I'll have to be voting no. 8 Thank you, Madam President. 9 THE PRESIDENT: You will be so 10 recorded as voting in the negative. 11 Senator Meier. 12 SENATOR MEIER: Madam President, 13 I know this probably hasn't been done for you 14 in several years, in one of your prior 15 careers, but Senator Balboni neglected to say 16 that he's brought this lovely apple for you 17 today. 18 (Laughter.) 19 SENATOR MEIER: And I ask to be 20 recorded as voting for the bill. 21 THE PRESIDENT: All right. Do 22 you know something I don't know, Senator? 23 And you will be so recorded as 24 voting in the affirmative. 25 The Secretary will announce the

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(518) 371-8910 1 results. 2 THE SECRETARY: Ayes, 57. Nays, 3 1. Senator Duane recorded in the negative. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 988, by Senator Fuschillo, Senate Print 7563A, 8 an act to authorize. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. Nays, 16 1. Senator Bonacic recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1003, by Senator Balboni, Senate Print 6822B, 21 an act to amend the Waterfront Commission Act. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 6. This 25 act shall take effect upon the enactment into

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(518) 371-8910 1 law by the State of New Jersey of legislation 2 having identical effect. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1004, by Senator Padavan, Senate Print 7109A, 10 an act to amend the Waterfront Commission Act. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 6. This 14 act shall take effect upon the enactment into 15 law by the State of New Jersey of legislation 16 having identical effect. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1005, by Senator Leibell, Senate Print 7181A, 24 an act to amend the Waterfront Commission Act. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 7. This 3 act shall take effect upon the enactment into 4 law by the State of New Jersey of legislation 5 having identical effect. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1019, by Senator Young, Senate Print 7213A, an 13 act to amend the Agriculture and Markets Law 14 and the General Business Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1024, by Senator Young, Senate Print 7828A, an

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(518) 371-8910 1 act to amend the Agriculture and Markets Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1044, substituted earlier today by Member of 13 the Assembly Brodsky, Assembly Print Number 14 891F, an act to amend the Penal Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the first of 19 November. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1049, by Senator Volker, Senate Print 7728A, 2 an act to amend the Executive Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1099, substituted earlier today by Member of 15 the Assembly Paulin, Assembly Print Number 16 9907A, an act to amend the Criminal Procedure 17 Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 30th day. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1165, by Senator Seward -- 4 SENATOR ROBACH: Lay it aside for 5 the day, please. 6 THE PRESIDENT: The bill is laid 7 aside for the day. 8 THE SECRETARY: Calendar Number 9 1185, substituted earlier today by Member of 10 the Assembly Sweeney, Assembly Print Number 11 10724, an act to amend the Executive Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 180th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1214, by Senator Volker, Senate Print 3824C, 23 an act to amend the Civil Practice Law and 24 Rules. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of January. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. Nays, 7 1. Senator DeFrancisco recorded in the 8 negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1216, by Senator LaValle, Senate Print 5131A, 13 an act to amend the Criminal Procedure Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. Nays, 21 1. Senator Duane recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1281, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly O'Mara, Assembly Print Number 2 10680A, an act to authorize the conveyance. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1306, by Senator Bonacic, Senate Print 7847A, 14 an act to amend the Private Housing Finance 15 Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Senator Bonacic, 23 to explain your vote. 24 SENATOR BONACIC: Thank you, 25 Madam President.

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(518) 371-8910 1 This is a legislation to provide 2 financial and technical resources to assist 3 renters as well as low- and moderate-income 4 persons with disabilities for housing. 5 I wanted to thank Commissioner Judy 6 Calogero and Deputy Commissioner Lorrie 7 Pizzola for assistance on developing this 8 legislation. 9 This is new. Keeping those with 10 disabilities in their housing is very 11 essential. And this legislation is a 12 cost-effective way of doing that. I think 13 housing for persons with disabilities is going 14 to grow as a concern for this Legislature to 15 address. 16 I want to also express any 17 appreciation to DHCR and the Assembly for 18 incorporating requested changes to the 19 legislation which would -- ensuring that 20 disabled veterans would have the same benefits 21 to this program. 22 This year the Senate has authorized 23 the Housing Finance Agency to develop an 24 initiative to make all newly constructed 25 housing visitable. The Housing Committee has

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(518) 371-8910 1 also passed legislation requiring the 2 development of an accessible housing database 3 and ensuring that we are in compliance with 4 all Fair Housing laws. 5 I know Senator Morahan has been an 6 active leader in this issue. And I believe 7 this bill is something we need not only to put 8 into law but we need to fund, because the 9 needs of those with disabilities are very real 10 and will be better addressed with this law on 11 the books. 12 I vote aye. 13 THE PRESIDENT: You will be so 14 recorded as voting in the affirmative, Senator 15 Bonacic. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Ayes, 58. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1311, by Senator LaValle, Senate Print 718A, 23 an act to amend the Workers' Compensation Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1323, substituted earlier today by Member of 10 the Assembly Grannis, Assembly Print Number 11 11199B, an act to amend the Insurance Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. Nays, 19 2. Senators Maziarz and Rath recorded in the 20 negative. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1324, by Senator Seward, Senate Print 7899B, 25 an act to amend the Insurance Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1325, by Member of the Assembly Markey, 12 Assembly Print Number 196A, an act to amend 13 the Agriculture and Markets Law and the State 14 Finance Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1406, by Senator Winner, Senate Print 5273B,

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(518) 371-8910 1 an act to amend the Highway Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calender Number 12 1410, by Senator Winner, Senate Print 6940A, 13 an act to amend the Highway Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1412, by Senator Nozzolio, Senate Print 6971A, 25 an act to amend the Vehicle and Traffic 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, 58. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1413, by Senator Flanagan, Senate Print 7154B, 15 an act to amend the Navigation Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 30th 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, 58.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1416, by Senator Marcellino, Senate Print 5 7282A, an act to amend the Vehicle and Traffic 6 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, 58. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1473, by Senator Flanagan, Senate Print 7091A, 21 an act to amend the Election 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, 58. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1493, by Senator Flanagan, Senate Print 2791A, 11 an act to amend the State Finance Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 2. 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, 58. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1498, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Thiele, Assembly Print Number 2 10409B, an act in relation to residency 3 requirements. 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, 58. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1522, by Senator Saland, Senate Print 7392B, 18 an act to amend the Domestic Relations Law and 19 others. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 9. This 23 act shall take effect on the 90th day. 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, 58. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1531, by Senator Skelos, Senate Print 7413A, 9 an act to amend the Nassau County Civil 10 Divisions Act. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1555, by Senator Little, Senate Print 7748A, 25 an act to amend the Public Authorities Law.

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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, 58. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1574, by Senator LaValle, Senate Print 76 -- 16 SENATOR ROBACH: Lay it aside 17 temporarily, please. 18 ACTING PRESIDENT YOUNG: The bill 19 is laid aside. 20 THE SECRETARY: Calendar Number 21 1580, by Senator LaValle, Senate Print 7405B, 22 an act to amend the Education Law. 23 ACTING PRESIDENT YOUNG: Read the 24 last section. 25 THE SECRETARY: Section 3. 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, 58. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1593, by Senator Maziarz, Senate Print 3335A, 12 an act in relation to authorizing. 13 ACTING PRESIDENT YOUNG: There is 14 a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 4. 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, 58. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1611, substituted earlier today by Member of 3 the Assembly Abbate, Assembly Print Number 4 9935B, an act to amend the Retirement and 5 Social Security 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, 58. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1718, by Senator Golden, Senate Print 7505A, 20 an act to amend the General Municipal 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, 58. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1744, substituted earlier today by Member of 10 the Assembly -- 11 SENATOR ROBACH: Lay it aside 12 temporarily. 13 ACTING PRESIDENT YOUNG: The bill 14 is laid aside. 15 THE SECRETARY: Calendar Number 16 1771, by Senator Leibell, Senate Print 8114A, 17 an act to amend the Not-For-Profit Corporation 18 Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1773, by Senator Little, Senate Print 8118A, 8 an act to authorize the Town of Johnsburg. 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, 58. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1780, by Senator Skelos, Senate Print 8147A, 24 an act to amend the Labor 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 on the 90th day. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT YOUNG: Announce 8 the results. 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1818, by Senator Winner, Senate Print 7892A, 14 an act to amend the Legislative Law and the 15 State Finance 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, 57. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1832, by Senator LaValle, Senate Print 8129A, 6 an act to amend the Education Law. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT YOUNG: Announce 15 the results. 16 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1860, by Senator Nozzolio, Senate Print 5441A, 21 an act to amend the Penal Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 60th day.

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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, 58. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1888, by Senator Padavan, Senate Print 83 -- 11 SENATOR ROBACH: Lay it aside 12 temporarily, please. 13 ACTING PRESIDENT YOUNG: The bill 14 is laid aside. 15 THE SECRETARY: Calendar Number 16 1889, substituted earlier today by Member of 17 the Assembly Morelle, Assembly Print Number 18 4135C, an act to amend the Real Property Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect January 1, 2007. 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: 2 Announce the results. 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1899, by Senator Johnson -- 8 SENATOR HASSELL-THOMPSON: Lay it 9 aside. 10 ACTING PRESIDENT YOUNG: The bill 11 is laid aside. 12 THE SECRETARY: Calendar Number 13 1901, by Senator Wright, Senate Print 5675A -- 14 SENATOR HASSELL-THOMPSON: Lay it 15 aside. 16 ACTING PRESIDENT YOUNG: The bill 17 is laid aside. 18 THE SECRETARY: Calendar Number 19 1908, by Senator Skelos, Senate Print 7230A, 20 an act to amend the Public Authorities Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 120th day. 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, 58. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1910, substituted earlier today by Member of 10 the Assembly Latimer, Assembly Print Number 11 10388B, an act to amend Chapter 654 of the 12 Laws of 1927. 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, 58. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1914, by Senator Winner, Senate Print 7636A, 2 an act to amend the Environmental Conservation 3 Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 60th 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, 58. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1921, by Senator Wright -- 18 SENATOR HASSELL-THOMPSON: Lay it 19 aside. 20 ACTING PRESIDENT YOUNG: The bill 21 is laid aside. 22 THE SECRETARY: Calendar Number 23 1934, by Senator Marcellino, Senate Print 24 8182A, an act to amend the Environmental 25 Conservation 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 on the first of January. 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, 58. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1947, substituted earlier today by Member of 15 the Assembly Morelle, Assembly Print Number 16 9128A, an act to amend the Vehicle and Traffic 17 Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 180th 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, 58. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1956, by Senator Morahan, Senate Print 7402A, 7 an act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 180th 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, 58. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1961, by Senator Alesi, Senate Print 7944A, an 22 act to amend the General Business Law. 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 on the first of January. 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, 58. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1963, by Senator Young, Senate Print 7973A, an 12 act to amend the Vehicle and Traffic Law. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of April 17 next succeeding. 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, 58. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1964, by Senator Nozzolio, Senate Print 8013A, 3 an act to amend the Vehicle and Traffic Law 4 and the State Finance Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 180th 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, 58. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1966, by Senator LaValle, Senate Print 8035A, 19 an act to amend the Vehicle and Traffic Law 20 and the State Finance Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 180th day. 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, 58. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1975, by Senator Libous, Senate Print 8209, an 10 act to amend the General Business Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1987, by Senator Saland, Senate Print 7352A, 25 an act to amend the Penal Law.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 13. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1988, by Senator Skelos, Senate Print 8148, an 16 act to amend the Retirement and Social 17 Security 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: Announce

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(518) 371-8910 1 the results. 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1989, substituted earlier today by the 7 Assembly Committee on Rules, Assembly Print 8 Number 11747A, an act authorizing the City of 9 New Rochelle. 10 ACTING PRESIDENT YOUNG: There is 11 a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Announce 19 the results. 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1991, by Senator Meier, Senate Print 8218, an 25 act to amend the Social Services 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 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, 58. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1997, by Senator Wright, Senate Print 8266A, 15 an act to amend the Public Authorities 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, 58.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 2001, by Senator Hannon, Senate Print 8278A, 5 an act to authorize the Village of Hempstead. 6 ACTING PRESIDENT YOUNG: There is 7 a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 8. 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, 58. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 2008, by Senator Spano, Senate Print 8297A, 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 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, 58. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 2016, by Senator Robach, Senate Print 8339A, 11 an act to amend the Retirement and Social 12 Security Law. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect April 1, 2008. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Senator 21 Robach, to explain his vote. 22 SENATOR ROBACH: Yes, Madam 23 Speaker, just briefly to explain my vote. 24 I am very happy and want to thank 25 my colleagues for supporting this important

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(518) 371-8910 1 legislation, the advocates and the groups that 2 worked on this in a series of meetings and 3 roundtables, working very closely with my 4 colleague Peter Abbate in the other house. 5 This really is the quintessential 6 win-win-win situation. This, at no cost to 7 government, is going to allow us to give an 8 incentive to keep people in police and fire, 9 experienced people on the job a little bit 10 longer and at the same time give those 11 employees a lump-sum option. Again, at no 12 cost to government. 13 Somewhat innovative, but really a 14 good thing. Most importantly, a good thing 15 for not only the affected parties but also, I 16 believe, for providing the services, the 17 important services these employees provide for 18 New Yorkers on a daily basis. 19 And that's been something we've 20 been talking about for a long time, but we 21 finally got it done, and I want to thank 22 everyone involved. 23 ACTING PRESIDENT YOUNG: Thank 24 you, Senator Robach. You will be recorded in 25 the affirmative.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 2018, by the Senate Committee on Rules, Senate 7 Print Number 8362, an act to amend the Real 8 Property Tax Law. 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, 57. Nays, 19 1. Senator Duane recorded in the negative. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 2019, by Senator Spano, Senate Print 8382, an 24 act to amend the Labor Law. 25 ACTING PRESIDENT YOUNG: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first of January. 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, 58. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 2020, by Senator Rath, Senate Print 8387, an 14 act to allow for the terms and conditions of 15 employment. 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, 58.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 2021, by Senator Balboni, Senate Print 8389, 5 an act to amend the Public Authorities Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 3. 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, 58. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 2022, by Senator Alesi, Senate Print 8390, an 20 act to provide for the creation of a temporary 21 state commission. 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, 58. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 2047, by Senator Alesi, Senate Print 8445, an 11 act to amend the Penal Law. 12 ACTING PRESIDENT YOUNG: Senator 13 Robach. 14 SENATOR ROBACH: Madam President, 15 is there a message of necessity at the desk? 16 ACTING PRESIDENT YOUNG: Yes, 17 there is. 18 SENATOR ROBACH: Could we move to 19 accept that message. 20 ACTING PRESIDENT YOUNG: All in 21 favor 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 message is accepted. 3 Read the 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: Senator 11 Alesi, to explain his vote. 12 SENATOR ALESI: Thank you, Madam 13 President. 14 This is a bill that we were able to 15 work out with the Assembly after a lot of 16 negotiation, a lot of dedication to this issue 17 by Craig Todeschini's family, Assemblyman Jeff 18 Brown, Senator DeFrancisco. 19 And it is in recognition of the 20 death of Trooper Todeschini, who was involved 21 in a high-speed chase. It not only 22 memorializes him, but it also memorializes the 23 efforts of those who work daily to protect our 24 structure of law and order and to protect 25 those of us who rely on that structure of law

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(518) 371-8910 1 and order. 2 And I notice that the Todeschini 3 family is in the gallery today. And in 4 passing this bill on their behalf, I would 5 like to thank them, especially, for their 6 devotion to this effort and wish them all the 7 absolute very best. 8 Now, this will provide very strict 9 penalties for those people who try to elude 10 police officers in a high-speed case, putting 11 those police officers at risk as well as the 12 citizens in general. And of course I vote yes 13 on this bill. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Alesi. You will be recorded in 16 the affirmative. 17 Senator DeFrancisco, to explain 18 your vote. 19 SENATOR DeFRANCISCO: Yes, Madam 20 President, to explain my vote. 21 This bill originated a few years 22 ago and was first introduced by Senator Alesi, 23 and I commend him for that. 24 Unfortunately, it never passed the 25 other house. And the need for such a bill to

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(518) 371-8910 1 protect troopers or any law enforcement 2 officials from having to go through high-speed 3 chases, it was pretty apparent. 4 There was an article in our paper a 5 few days ago concerning why we keep naming 6 these bills after people. Well, this is a 7 perfect example. This bill would not have 8 happened but for the efforts of the Todeschini 9 family. They had news conferences in 10 Syracuse, they had news conferences here in 11 Albany with the Senate leadership. 12 In fact, they even themselves met 13 with the Speaker to express their concerns 14 about the original bill that was submitted in 15 the Assembly that just wasn't strong enough. 16 It wouldn't have done what they needed to have 17 done. 18 So that's why we name bills for 19 individuals. And this is the Craig Todeschini 20 bill. 21 And I want to commend Jeff Brown 22 for his efforts in the Assembly, and also 23 Kristi and her father who are here today -- 24 Kristi is the widow of Craig Todeschini -- 25 Cindy and Jim Todeschini, his parents, because

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(518) 371-8910 1 it was their efforts that made a bill that was 2 long overdue become a reality to help protect 3 law enforcement officers in the future. 4 So thank you very much. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator. You will be recorded in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 57. Nays, 10 1. Senator Parker recorded in the negative. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 2051, by Senator Seward, Senate Print 4319A, 15 an act to amend the Insurance 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, 58.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 2060, by Senator Saland, Senate Print 76 -- 5 SENATOR ROBACH: Lay it aside 6 temporarily. 7 ACTING PRESIDENT YOUNG: The bill 8 is laid aside. 9 THE SECRETARY: Calendar Number 10 2061, by Senator LaValle, Senate Print 7675C, 11 an act to amend the Education Law. 12 SENATOR ROBACH: Lay it aside 13 temporarily. 14 ACTING PRESIDENT YOUNG: The bill 15 is laid aside. 16 THE SECRETARY: Calendar Number 17 2093, by Senator Robach -- 18 SENATOR HASSELL-THOMPSON: Lay it 19 aside. 20 ACTING PRESIDENT YOUNG: The bill 21 is laid aside. 22 That concludes the noncontroversial 23 reading of Calendar Number 61. 24 SENATOR ROBACH: Madam President, 25 if you could ring the bells to alert the

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(518) 371-8910 1 members that we will be on a controversial 2 calendar and please ask them to come into the 3 chamber. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator. 6 The Secretary will ring the bell. 7 Senator Robach. 8 SENATOR ROBACH: Yes, Madam 9 President. If we could move to the 10 controversial reading of the calendar, 11 starting with Calendar Number 1901. 12 ACTING PRESIDENT YOUNG: We will 13 now have the controversial reading of 14 Calendar 61, starting with Calendar Number 15 1901. 16 THE SECRETARY: Calendar Number 17 1901, by Senator Wright, Senate Print 5675A, 18 an act to amend the Energy Law. 19 SENATOR SCHNEIDERMAN: 20 Explanation. 21 ACTING PRESIDENT YOUNG: Senator 22 Wright, an explanation has been requested. 23 SENATOR WRIGHT: Thank you, Madam 24 President. 25 The bill before us today allows for

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(518) 371-8910 1 selected pilot projects to use methane gas or 2 other liquid natural gas, to address a number 3 of energy and environmental concerns. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator. 6 Any other Senator wishing to be 7 heard? 8 Senator Schneiderman. 9 SENATOR SCHNEIDERMAN: Yes, thank 10 you, Madam President. 11 This piece of legislation is 12 something that would really derail the 13 regulatory process that we've directed for 14 liquid natural gas. 15 I agree with the sponsor that we do 16 need to revisit the issue of the siting and 17 transportation of LNG, but in my view this 18 piece of legislation is overkill. It 19 essentially guts all of the regulations and 20 would result in a situation from being, in my 21 view, overregulated, or our laws being overly 22 restrictive, to the laws being virtually 23 existent. 24 The oversight of siting and 25 operations of LNG facilities would really be

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(518) 371-8910 1 so severely cut back that the need to protect 2 public safety would be put at risk. 3 I therefore am going to be voting 4 no, Madam President. I don't believe this 5 bill is going to pass the Assembly. I hope we 6 will come up with a more moderate approach to 7 revising our state regulations for the siting 8 and transportation of LNG, but this is not it, 9 in my view. 10 Thank you. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator. 13 Senator Parker. 14 SENATOR PARKER: Yes, Madam 15 President, on the bill. 16 ACTING PRESIDENT YOUNG: On the 17 bill. 18 SENATOR PARKER: Providing safe, 19 reliable, and affordable energy sources is a 20 critical need for this nation and for, 21 clearly, this state. And certainly we ought 22 to have, you know, a diversity of different 23 products. As I said yesterday, we clearly 24 ought to be looking at things that are 25 clean-burning. We ought to be looking at

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(518) 371-8910 1 alternative energy. 2 And LNG is something that we ought 3 to be looking at as a viable alternative to 4 coal and some other dirtier products that 5 we've been using. And we certainly want to be 6 able to find an effective and streamlined 7 manner to do that. 8 And I certainly commend Senator 9 Wright, who I've worked with, as the ranker, 10 me being the ranker on Energy and 11 Telecommunications with him. I know how 12 important it is for him to provide ways to 13 provide, again, safe, reliable and affordable 14 energy for the entire state. 15 However, this bill does not do 16 enough in terms of integrating both the need 17 to provide energy and the needs of our 18 communities and for them to be safe and 19 reliable. 20 When we look at some of the 21 failings of our energy policy in this state, 22 the fact that we stand here today, the last 23 day of this session, still with no Article X 24 bill which would provide safe siting of power 25 plants around the state, still without an

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(518) 371-8910 1 Article VII bill, which would provide safe 2 siting of transmission lines around the state, 3 still without an Article VI, which would look 4 at a significant plan for energy around the 5 state -- I look at this and see the same 6 problems on why we haven't passed those bills 7 and why this bill will not handle our 8 problems. 9 Which is that we have to do both at 10 the same time. We have to provide a way for 11 energy companies to be able to come into the 12 market and provide safe and reliable energy, 13 but at the same time making sure that the 14 public is safe, making sure that both 15 consumers and community people have some 16 access and some input into the process. 17 This bill fails to have the proper 18 oversight by either the Department of 19 Environmental Conservation, the Department of 20 Public Service or the Office of Fire 21 Prevention and Control. And I think the 22 unlimited transport of liquified natural gas 23 on state and local roadways would certainly 24 provide a danger that I certainly am concerned 25 about. Particularly as we, you know, continue

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(518) 371-8910 1 to talk about homeland security and those 2 things, liquified natural gas is one of the 3 things that we really need to have a 4 significant control on. 5 So I'm hoping that we might be able 6 to go back and relook at this bill, find some 7 amendments that would address these concerns 8 that we have. And we look forward to 9 providing liquified natural gas, but in a safe 10 and reliable way that we know will both light 11 and heat our homes but also will protect our 12 communities. 13 Thank you. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Parker. 16 Any other Senator wishing to be 17 heard? 18 Senator Sabini. 19 SENATOR SABINI: Thank you, Madam 20 President. On the bill. 21 ACTING PRESIDENT YOUNG: On the 22 bill. 23 SENATOR SABINI: While I applaud 24 the sponsor's intentions of providing to find 25 alternative means of giving us power and

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(518) 371-8910 1 energy and filling New York's needs in the 2 21st century, I find it ironic on the last day 3 of session, when we've heard so much over the 4 years from our senior member about the dangers 5 of liquid natural gas and the tragic accident 6 we saw some years ago in Staten Island, that 7 we would pass a bill that would allow 8 unfettered transport of LNG in these pilot 9 projects. And that concerns me greatly. 10 I think that there's sort of a 11 middle ground we can achieve, and I don't 12 think this is the middle ground. I would like 13 to see a more safety-conscious version of this 14 bill. And I'll be voting no. 15 Thank you. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator. 18 Senator Marcellino. 19 SENATOR MARCELLINO: Thank you, 20 Madam President. On the bill. 21 There's a lot of talk about 22 alternative energy and the need to provide 23 alternative sources of energy, clean-burning 24 fuels and all of that. 25 You can't have it both ways. You

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(518) 371-8910 1 can't say you want something and then, every 2 time somebody puts up something that is an 3 alternative and would like to try it out, then 4 say: Oh, no, you can't do that. Oh, no, you 5 can't do that. Oh, no, you can't do that. 6 I mean, it's great to be for clean 7 fuel, to be for safe energy, to be for 8 additional sources of power -- and then to say 9 no to everything that's possible. 10 And to address Senator Sabini, the 11 disaster on Staten Island had absolutely 12 nothing to do with liquified natural gas. The 13 tanks were empty. It had to do with a liner 14 in the tank that was set off by a workman's 15 spark. It had nothing to do with liquified 16 natural gas. That's been proven. 17 We've debated that a hundred times 18 in this house, and it's been said over and 19 over again. To bring that up again is kind of 20 silly. We're going back over old, old ground 21 that is absolutely incorrect. 22 So let's deal with the reality, 23 let's deal with the facts. If you want clean 24 fuel and clean energy and alternative sources 25 of it, which we all say and we all recognize

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(518) 371-8910 1 that we need, then you have to allow for 2 experimentation and pilot projects. 3 Otherwise, you can never get it. It's 4 important. 5 These are all land-based. There's 6 no floating, liquified natural gas here. 7 There's nothing set on sea or on waterways, so 8 we're not dealing with that issue. This deals 9 with land-based experiment, land-based 10 projects. 11 And, Madam President, I vote aye 12 when the time comes. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator. 15 Any other Senator wishing to be 16 heard? 17 Senator Sabini, for a second time. 18 SENATOR SABINI: Thank you, Madam 19 President. To address the remarks of the 20 previous speaker. 21 I agree with him that you can't 22 always be against everything. And I think 23 those of us that have concerns about this bill 24 are not against everything. 25 But I would, as the ranker on

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(518) 371-8910 1 Transportation, like to hear from the 2 Department of Motor Vehicles on this. I'd 3 like to hear from the State Department of 4 Transportation on this. I'd like to hear from 5 the AAA about this. I have not heard those 6 voices yet. And since this bill would allow 7 certain projects to have LNG transferred on 8 our state's highways, that concerns me a lot. 9 And so no, I'm not a naysayer on 10 any new form of energy. But if we're going to 11 have LNG unregulated on our highways and 12 byways, even in a pilot project, I'd like to 13 know the safety factor on those. So that's my 14 concern. 15 Thank you, Madam President. I'll 16 be voting no. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator. 19 Any other Senator wishing to be 20 heard? 21 Then the debate is closed. 22 The Secretary will ring the bell. 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 120th day.

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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: Senator 5 Wright, to explain his vote. 6 SENATOR WRIGHT: Thank you, Madam 7 President, to explain my vote. I want to 8 clarify a couple of items from the debate. 9 Number one, these are in fact pilot 10 projects. So this is not some big conspiracy 11 but in fact very specific, targeted pilots in 12 six different categories, using such things as 13 biogas from composting, landfill gas recovery 14 sites, remote distribution systems. 15 So what we're trying to do is use a 16 gradual, go-slow approach that in fact enables 17 us to study and draw the information from 18 looking at these various alternatives 19 statewide. 20 Equally important is we do not do 21 this in an unregulated environment. The very 22 same land-use agencies that review and site 23 the existing petroleum facilities, be it 24 diesel, gasoline or propane, are the very same 25 regulatory agencies that will oversee these

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(518) 371-8910 1 sitings. 2 Equally important relative to 3 transportation, it is currently transported 4 through New York State, as opposed to within 5 New York State. This would allow the 6 intratransport, but only in full compliance 7 with all existing federal regulation and any 8 additional requirements imposed by DOT or DMV. 9 It further requires that NYSERDA 10 will work with the project with all of those 11 state agencies -- DOT, DEC, PSC -- and any 12 others that are necessary. And all of the 13 tanks will be registered with DEC. 14 It's a reasoned, go-slow approach 15 to begin exploring alternatives so in fact we 16 can have alternatives as opposed to simply 17 talking about them. I vote aye and encourage 18 my colleagues to do so. 19 Thank you. 20 ACTING PRESIDENT YOUNG: Thank 21 you, Senator Wright. You will be recorded in 22 the affirmative. 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 1901 are

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(518) 371-8910 1 Senators Andrews, Breslin, Coppola, Dilan, 2 Duane, Gonzalez, Hassell-Thompson, Klein, 3 L. Krueger, LaValle, Leibell, Morahan, 4 Onorato, Oppenheimer, Padavan, Parker, 5 Paterson, Sabini, Savino, Schneiderman, 6 Serrano, A. Smith and Stavisky. 7 Absent from voting on Calendar 8 Number 1901: Senators Connor, C. Kruger, 9 Meier and Sampson. 10 Ayes, 33. Nays, 23. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 Senator Robach. 14 SENATOR ROBACH: Yes, Madam 15 President. If we could continue with the 16 controversial reading of the calendar, moving 17 to Calendar 1921, please. 18 ACTING PRESIDENT YOUNG: The 19 Secretary will read Calendar 1921. 20 THE SECRETARY: Calendar Number 21 1921, by Senator Wright, Senate Print 7942B, 22 an act in relation to authorizing and 23 directing. 24 ACTING PRESIDENT YOUNG: Senator 25 Hassell-Thompson.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Yes, 2 Madam President, thank you. On the bill. 3 ACTING PRESIDENT YOUNG: On the 4 bill. 5 SENATOR HASSELL-THOMPSON: If I 6 were asking a question of the sponsor of the 7 bill, I would ask why this bill and not Senate 8 4263, which is the "Cellphone Users' Bill of 9 Rights." 10 In the bill, as I understand it, it 11 authorizes and directs the Consumer Protection 12 Board to study complaints made by consumers of 13 wireless telephones. Well, that's what they 14 already do. And not only that, they work 15 already closely with the Attorney General's 16 office to study standards for wireless 17 telephone service. 18 Basically, this is a stall bill. 19 The bill that Senator Wright had put into play 20 before was a much, much better bill. 21 Particularly because as someone who for a 22 while was the ranking member of Consumer 23 Protection, I worked very closely with the 24 Consumer Protection Board and know that 25 complaints about cellphones were one of the --

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(518) 371-8910 1 that and identity theft were two of the major, 2 major issues among consumers, particularly 3 senior citizens. 4 There are a lot of issues with 5 cellphones, but particularly, why do we need 6 to study this problem when we need to be 7 providing customers with the right to cancel 8 whenever it's appropriate? 9 For instance, every time you buy a 10 new phone or if you lose a phone, you have to 11 enter into a new contract, which means that 12 your costs continue to go up. If you're 13 already contracting with a cellphone company, 14 that contract should not be for the instrument 15 but for service. 16 Also, Senator Wright's former bill 17 requires disclosure of the contents of 18 contracts for the sale of cellphones. It also 19 calls to disclose the areas within the state 20 and each county where service is available by 21 companies selling cellphones. And the list 22 goes on. But it accomplishes some very 23 appropriate things that need to happen on 24 behalf of consumers. 25 My concern is that consumers are

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(518) 371-8910 1 not protected by studies. And the necessity 2 for this study means that we're just stalling 3 an opportunity to help cellphone users and 4 particularly our seniors to get a better rate 5 and to get a better deal and also have the 6 option of opting out, when appropriate, out of 7 contracts that are not in their best interest. 8 Thank you, Madam President. 9 ACTING PRESIDENT YOUNG: Thank 10 you, Senator. 11 Senator Wright. 12 SENATOR WRIGHT: Thank you, Madam 13 President. To, I guess, explain the bill 14 since the questions were not asked of me. 15 ACTING PRESIDENT YOUNG: On the 16 bill. 17 SENATOR WRIGHT: Let me begin by 18 saying my colleague is correct, we do have a 19 bill that would impose a whole series of 20 standards. We've held hearings, we've taken 21 testimony, we've looked at those issues. 22 And as part of that process, we 23 have two competing sets of reports and facts, 24 one prepared by AARP and one prepared by the 25 wireless industry. And they both assess

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(518) 371-8910 1 public opinion, and they conclude two opposite 2 things. That's one reason why we need to have 3 somebody objectively look at it further. 4 The second reason is, as much as I 5 too share my colleague's concerns for senior 6 citizens and the impact that it has on those 7 individuals, I'm also concerned about all of 8 the consumers. And the utilization of 9 cellphones applies to most everyone nowadays 10 and is not limited to seniors. So 11 consequently, the impacts have a very broad 12 base and impact. That's why we want to take a 13 look at the implications of it. 14 The cellphone industry is truly a 15 nationwide industry. It is a relatively new 16 industry. And no one in the nation at this 17 point, no state has imposed regulations of 18 this nature. Therefore, New York would be -- 19 number one, would be the most restrictive and, 20 more importantly, would have an adverse impact 21 on the competitiveness of the industry which 22 is in fact providing us those very competitive 23 rates. 24 We in fact would be adding, under 25 the former bill, substantial regulations and

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(518) 371-8910 1 costs that would apply to everyone. Because 2 when you're allowed out of contracts, when 3 you're allowed to change the terms of 4 contracts, there is a cost in that process. 5 And that cost gets shifted to everyone who is 6 a user. So consequently, we want a clear 7 analysis of why that occurred. 8 And why are we advocating that? 9 Because California -- like New York, the 10 leader in the nation -- did in fact what the 11 other bill calls for, imposed all of those 12 standards and guidelines, very tough. In 13 fact, prided itself on having the toughest 14 regulations on the cellphone industry in the 15 nation. 16 And what did they do eight months 17 later after adopting those regulations and 18 standards? They suspended them. And they 19 reconsidered them. And the reasons were why? 20 To make them less restrictive and less costly. 21 What we're suggesting is New York 22 does not want to repeat the mistakes of 23 California, New York does not want to provide 24 additional costs and restrictions to its 25 consumers, New York wants it to remain a

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(518) 371-8910 1 competitive environment. 2 And we want to also do an objective 3 study by disinterested third parties using the 4 collective resources of those state agencies 5 to draw a conclusion and give us 6 recommendations. 7 In deference to the work done to 8 date by AARP, we in fact incorporate their 9 standards as the standards to be studied. Not 10 some arbitrary selection of standards. But 11 very specifically incorporate what they're 12 looking to do. 13 So no one is trying to provide a 14 disservice to anyone. No one is disregarding 15 the information we have to date. But it is 16 conflicting information. And when we have 17 conflicting information, as we have done on 18 several other occasions this morning, whether 19 it's eminent domain or other issues, when we 20 cannot achieve a clear consensus, we advance 21 the need to provide additional information 22 through a study. 23 That's what this bill does today, 24 and I encourage my colleagues to support it. 25 ACTING PRESIDENT YOUNG: Thank

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(518) 371-8910 1 you, Senator Wright. 2 Senator Diaz. 3 SENATOR DIAZ: Thank you, Madam 4 President. On the bill. 5 ACTING PRESIDENT YOUNG: On the 6 bill. 7 SENATOR DIAZ: This is another 8 instance where I have to stand and speak on 9 behalf of senior citizens. 10 I heard Senator Wright saying that 11 he is concerned about senior citizens but that 12 he's also concerned about the rest of the 13 population or the consumers. And I will agree 14 with him on that statement, but only if we 15 agree too that seniors and consumers are in 16 the same boat, but the seniors are in more 17 danger. 18 I used to be the chairman of the 19 Aging Committee of the New York City Council, 20 and right here and now I am a member of the 21 Aging Committee. And time after time I have 22 seen how seniors are being discriminated and 23 doing things that are not fair to them. 24 If we really care about senior 25 citizens, if we really put them in our minds

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(518) 371-8910 1 and do the best thing for them, I think that 2 one of the best organizations that will help 3 us understand and fight for senior citizens is 4 the AARP, an organization, social organization 5 of those that really fight to protect senior 6 citizens' rights. 7 And not only in the City of 8 New York I have seen senior citizens being 9 discriminated by changing -- in my county, the 10 Bronx, by changing the daily hot meal. 11 Instead of giving them a daily hot meal, now 12 they're receiving frozen meals for the whole 13 week. 14 The Department of Housing recently 15 established a policy where a senior citizen 16 will be charged more money for services. If a 17 key of the door of the apartment for a senior 18 citizen drops by accident into the elevator 19 shaft, the senior will be charged $50 to get 20 the key out. And if a senior locks -- he or 21 she locks himself out of the apartment and 22 Housing has to come and open the door for 23 them, they're going to have to pay $50. 24 I think that seniors have given too 25 much for this nation, for our development.

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(518) 371-8910 1 And if we are here, we are here because of 2 them. And I believe that when we have to do a 3 study -- so we're tired of studying. A 4 commission to study this, study that, a 5 commission for this, a commission for that. 6 Look at that and look at the other thing. And 7 nothing ever is done. 8 If we really want to establish 9 something and protect consumers, including 10 senior citizens, then we don't need a study, 11 we need a law. We need to pass a law, a law 12 that will create consumer protection for the 13 millions of cellphone users in New York State, 14 especially for those older and low-income 15 persons who might find themselves trapped in 16 an unfortunate contract. 17 We all have gone through that. We 18 all here, I believe that everyone here has a 19 contract with a cellphone company. We know 20 all the hanky-panky and the things that go 21 there. You get into a contract, you cannot 22 get out of the contract, you get something 23 that it is not what you were supposed to get. 24 The telephone drops everywhere, you can never 25 get a tone.

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(518) 371-8910 1 So senior citizens have to be 2 protected. Not only senior citizens. As 3 Senator Wright rightfully said, the whole 4 consumer population of the State of New York. 5 And I believe that this is not a 6 good bill. A bill -- if we really want to do 7 it, let's make a law, not a study. We are 8 tired of studies, tired of commissions to do 9 things and at the end nothing happens. 10 So, Madam President, I am voting no 11 on this bill. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Diaz. 14 Any other Senator wishing to be 15 heard? 16 Then the debate is closed. 17 The Secretary will ring the bell. 18 Read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 Announce the results. 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1921 are 2 Senators Andrews, Coppola, Diaz, Dilan, Duane, 3 Gonzalez, Hassell-Thompson, Klein, L. Krueger, 4 Morahan, Onorato, Oppenheimer, Parker, 5 Paterson, Sabini, Savino, Schneiderman, 6 Serrano, A. Smith, M. Smith, Stachowski, 7 Stavisky, Trunzo and Valesky. Also Senator 8 Breslin. 9 Absent from voting: Senators 10 C. Kruger and Sampson. 11 Ayes, 33. Nays, 25. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 Senator Robach. 15 SENATOR ROBACH: Madam President, 16 continuing on the controversial reading, could 17 we bring up Calendar 2093, please. 18 ACTING PRESIDENT YOUNG: Calendar 19 Number 2093, on debate. 20 THE SECRETARY: Calendar Number 21 2093, by Senator Robach, Senate Print 8200, an 22 act to amend the Legislative Law. 23 SENATOR LIZ KRUEGER: 24 Explanation. 25 ACTING PRESIDENT YOUNG: Senator

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(518) 371-8910 1 Robach, an explanation has been requested. 2 SENATOR ROBACH: Yes, Madam 3 President. 4 This is a bill which would really 5 take away from the whim of the Legislature and 6 make mandatory joint conference committee 7 usage for the budgetary process. Which I 8 certainly believe has already shown, through 9 our optional usage, clearly adds to both the 10 timeliness as well as the openness of the 11 budget process. 12 And this is something that I have 13 been working on for a long time, as well as a 14 lot of advocates from across the state, but 15 especially from the Rochester area and Western 16 New York, where people are as equally 17 concerned with the process and know there is a 18 correlation to the outcome. 19 I don't want to be too long, but I 20 would say I feel this is so important, even in 21 our last budget negotiations, clearly having 22 everyone in the same room -- and I know this 23 happens for others -- allowed me to really, 24 with cameras rolling, set the record straight 25 on the amount of per-capita revenue sharing

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(518) 371-8910 1 for the city of Rochester. I firmly believe 2 without this process in place, we probably 3 wouldn't have gotten that outcome. 4 I think it's far too long now that 5 we don't say we're going to do this on an 6 optional basis, we make this the standard 7 operating procedure for the budget. It's one 8 of the biggest things we do. The public has 9 asked for it. I think we should be 10 responsive. And hopefully this is a first 11 step -- I'm a believer in this process where I 12 think we've utilized it for other pieces of 13 legislation as well. But clearly the budget 14 is one of the most important and largest 15 things we do. 16 And so we're moving forward with 17 this as we try to hopefully at some point get 18 something not only passed in this house but in 19 the other house as well. 20 ACTING PRESIDENT YOUNG: Thank 21 you, Senator Robach. 22 Senator Krueger. 23 SENATOR LIZ KRUEGER: Thank you, 24 Madam President. If the sponsor would please 25 yield.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Will the 2 sponsor yield? 3 SENATOR ROBACH: I certainly 4 will. 5 ACTING PRESIDENT YOUNG: The 6 Senator yields. 7 SENATOR LIZ KRUEGER: Thank you. 8 Would this change anything from 9 what we've been doing the last several years, 10 or would this just codify what we've been 11 doing? 12 SENATOR ROBACH: I guess I would 13 say you could use the word "codify." 14 What it will do, quite frankly and 15 simply, is we no longer have to wait for the 16 collective mood of the bodies or the 17 leadership. It would put into statute 18 conference committees have to be established, 19 timeliness of how they met, and again, be a 20 concrete assurance that the process be more 21 open and I believe it also leads to 22 timeliness. 23 SENATOR LIZ KRUEGER: Madam 24 President, if the sponsor would please yield. 25 ACTING PRESIDENT YOUNG: Senator

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(518) 371-8910 1 Robach, do you yield? 2 SENATOR ROBACH: I will. 3 ACTING PRESIDENT YOUNG: He 4 yields. 5 SENATOR LIZ KRUEGER: Thank you. 6 Under the process we've been using 7 and, as you describe, would be codifying by 8 putting it into statute, we still don't really 9 do budget conferences on the capital funds or 10 the tax revenue budget. Would this bill 11 assure conferencing on those parts of the 12 budget as well? 13 SENATOR ROBACH: I am not sure of 14 every in and out and specific. 15 What I do know is it would 16 absolutely guarantee -- again, the example I 17 gave on local governments. I do think those 18 things, there is absolutely an opportunity for 19 everything in the budget process, if people 20 want to bring it up in the committee process 21 when they're there, I think that empowers the 22 rank-and-file members in this process to 23 really talk about anything they want that you 24 can make a legitimate, cogent argument is 25 related to the committee you're on.

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(518) 371-8910 1 So while it doesn't specifically 2 say those portions have to be covered, I 3 certainly think if you're on that conference 4 committee, I'm on that conference committee, 5 we could bring that up at that point. So my 6 answer would be yes, it would cover that. 7 SENATOR LIZ KRUEGER: Madam 8 President, through you, if the sponsor would 9 continue to yield. 10 ACTING PRESIDENT YOUNG: Senator 11 Robach, do you yield? 12 SENATOR ROBACH: Absolutely. 13 SENATOR LIZ KRUEGER: Thank you. 14 Is there anything in this bill that 15 would codify that there should be markups of 16 the actual bills through these conferences a 17 la what Congress does, where you have a 18 conference committee and you actually take a 19 look at budget bills and you actually work on 20 them in public and have markup sessions? 21 Would this allow for that or assure that? 22 SENATOR ROBACH: It does not 23 mandate that. But certainly we could 24 absolutely do that. 25 I think I would agree that

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(518) 371-8910 1 historically, in our operations of voluntarily 2 using conference committees, we're sort of a 3 little bit more of a work in progress, because 4 oftentimes the result of the committee will 5 change the nature of the bill. 6 But that doesn't mean we couldn't 7 start with an actual bill in print. And 8 again, I think this would be up to the 9 collective will of the members of both houses. 10 I would say that goes on to a much 11 greater degree in this house than it does in 12 the other body of this Legislature. 13 SENATOR LIZ KRUEGER: Madam 14 President, if the sponsor would continue to 15 yield. 16 ACTING PRESIDENT YOUNG: Does the 17 Senator yield? 18 SENATOR ROBACH: Certainly. 19 ACTING PRESIDENT YOUNG: The 20 Senator yields. 21 SENATOR LIZ KRUEGER: I actually 22 have no idea if it happens more in this house 23 than the other house. 24 SENATOR ROBACH: Well, if you -- 25 I can assure you it does. And just pay

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(518) 371-8910 1 attention and look. 2 SENATOR LIZ KRUEGER: Oh, I do 3 pay attention. Thank you, Senator. 4 One of the frustrations of people 5 who do pay attention and watch the conference 6 committee process for the budget that has been 7 operating so far is that anything that seems 8 to get into a debate gets taken out of the 9 conference committee and moved into what's 10 euphemistically called the mother ship. 11 Would anything in this bill stop 12 that process from continuing? 13 SENATOR ROBACH: I don't believe 14 it would. 15 But I also think that if this is 16 absolutely how we have to operate, I do think 17 to some degree it can change the historical, 18 cultural differences, where certainly it 19 should be required, requested and asked of the 20 members at that mother-ship committee, for 21 lack of a better term, to explain what went 22 on, what the input was from everything. 23 Maybe this will expedite some of 24 your questions. I really believe that what we 25 have now, as opposed to what this will do, it

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(518) 371-8910 1 will make it a hundred percent better. But 2 there's no doubt, like in any legislative body 3 or any system, how much the members speak up, 4 how aggressive we are, how much we delve into 5 it will have a resultant outcome, as well as 6 that openness is. 7 But this process that we're putting 8 in is a great, great jump to a much, much 9 better place than where we are now. There 10 have been years when I've been in this 11 Legislature where one house in this 12 Legislature has refused to participate in 13 conference committees. The result of that was 14 not only late budgets, but everything you're 15 asking about being done in the back room. 16 This bill clearly makes the 17 likelihood of that almost impossible, unless 18 people want to go out there and not ask the 19 questions people like you and I would ask, of 20 not only of their collective house but the 21 other house as well. 22 SENATOR LIZ KRUEGER: Thank you. 23 Madam President, on the bill. 24 ACTING PRESIDENT YOUNG: Senator 25 Krueger, on the bill.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you. 2 I appreciate the sponsor's answers 3 to my questions. 4 I do support the bill. I just 5 think we aren't going far enough. When the 6 sponsor references that this will dramatically 7 improve the process, I think at the same time 8 he agreed with me this will codify in statute 9 the process as it's been operating for the 10 last year or two. And yes, that has been an 11 improvement over the process prior to the last 12 two years. 13 But in fact, I would argue that it 14 is not some great leap, it is simply a bill 15 that says we should continue to do in statute 16 what we have been doing for the last two 17 years. 18 Having said that, we have much more 19 to do on this issue. I would argue that a 20 conference committee process for the budget 21 should include all pieces of the budget, not 22 selected sections of the budget. I would 23 argue or even challenge us all to imagine 24 trying to actually codify in a law the 25 mother-ship process. You couldn't, because

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(518) 371-8910 1 there actually isn't one that you could 2 possibly explain or justify in legislative 3 bill-drafting language. 4 But perhaps that would be worth an 5 attempt, because then we would realize how 6 much further we have to go in establishing an 7 actual open, legitimate budget review process 8 where the public can see what's going on, 9 where legislators can have markup sessions and 10 discuss their differences of opinion, as we 11 absolutely have the right to do, about all the 12 parts of the budget. 13 I would argue that we need an 14 extended timeline for budget bills and budget 15 conferences. In fact, I carry a bill that 16 says that on budget bills we should have a 17 10-day timeline in the law rather than a 18 three-day timeline. 19 I also carry a bill that says we 20 should have standing conference committees on 21 any similar bills that pass two houses, not 22 just specific to a subsection of the budget 23 bills in a budget conference committee process 24 as laid out in this bill. 25 So I appreciate the Senator's

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(518) 371-8910 1 answering the questions. I certainly can 2 support the bill. I have learned that in 3 Albany even small baby steps forward are worth 4 supporting. But I don't want anyone to walk 5 away with the assumption that we have made 6 some great leap here in putting into statute 7 the process as it's been operating, again, I 8 believe for the last two years. 9 We have a beginning here, as 10 Senator Robach pointed out. But I don't want 11 anyone walking away thinking that we have 12 completed the task in an open and equitable 13 budget process that I believe, if we were to 14 codify, would dramatically improve not just 15 the process of passing a budget in New York 16 State but the final outcome of that budget. 17 And that the people that we represent in every 18 district of this state would be pleased and 19 impressed that we could take those steps. But 20 we're not there yet. 21 So I will be voting yes. Thank 22 you, Madam President. 23 ACTING PRESIDENT YOUNG: Thank 24 you, Senator Krueger. 25 Any other Senator wishing to be

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(518) 371-8910 1 heard? 2 Then the debate is closed. 3 The Secretary will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: In relation to 13 Calendar Number 2019, those Senators absent 14 from voting: Senators C. Kruger and Senator. 15 Ayes, 58. Nays, 0. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 Senator Robach. 19 SENATOR ROBACH: Yes, Madam 20 President, could we recognize -- 21 ACTING PRESIDENT YOUNG: Senator 22 Oppenheimer, why do you rise? 23 SENATOR OPPENHEIMER: I would 24 like, Madam President, for the record to note 25 that I was out of the chamber on Senate

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(518) 371-8910 1 business when 8330 passed, and I would like to 2 be registered as a no vote. Or have it noted 3 that I would have voted no. 4 Thank you, Madam President. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Oppenheimer. The record will so 7 reflect. 8 Senator Robach. 9 SENATOR ROBACH: Yes, Madam 10 President. Continuing on the controversial 11 calendar, could we bring up Calendar Number 12 1899, please. 13 ACTING PRESIDENT YOUNG: Calendar 14 Number 1899, on debate. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1899, by Senator Johnson, Senate Print 5517C, 18 an act to amend the Vehicle and Traffic Law. 19 SENATOR SCHNEIDERMAN: 20 Explanation. 21 ACTING PRESIDENT YOUNG: Senator 22 Johnson, an explanation has been requested. 23 SENATOR JOHNSON: Yes. This is a 24 law concerning a relatively new invention 25 called a personal assistive transportation

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(518) 371-8910 1 device, which is a Segway, it's called Segway, 2 a two-wheeled device powered by electricity 3 which you can use to travel streets, 4 sidewalks, so on -- wherever it's authorized, 5 of course -- at a speed between 3 and 6 12.5 miles an hour, depending on how you 7 govern it. 8 And this law that we're talking 9 about today was passed twice, a similar law 10 was passed twice in 2003 and 2005, but it was 11 with objections from New York City. 12 And so this bill has been 13 redesigned so that New York City is not 14 included in this. It can only be used outside 15 New York City, unless the city itself opts 16 into this law. They'd have to pass local laws 17 authorizing its use if they wanted to do it. 18 And it was very interesting that 19 the Mayor is now supportive of this, but we're 20 not putting the city in the law. He's going 21 to do it on his own, I guess when he's ready, 22 when the City Council is ready. 23 But they've already had experiments 24 with the police riding these, to see how they 25 could patrol the parks and so with these, and

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(518) 371-8910 1 they found they're very useful. They stand a 2 little higher than the person standing up on 3 this, of course. And you travel a little 4 faster. 5 It's no wider than a person and no 6 deeper than a person. It takes very little 7 space on the sidewalks. And they're very 8 pedestrian-friendly. Forty states have 9 already passed laws legalizing this type of 10 device, and I think it's about time that we 11 should pass it in this state. 12 Thank you. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Schneiderman, why do you rise? 15 SENATOR SCHNEIDERMAN: Mr. 16 President, if the sponsor would yield for a 17 few brief questions. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Johnson, do you yield for a question? 20 SENATOR JOHNSON: Yes. 21 ACTING PRESIDENT MARCELLINO: He 22 yields, Senator. 23 SENATOR SCHNEIDERMAN: Thank you. 24 Am I correct in understanding that 25 this year's version of the bill has been

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(518) 371-8910 1 modified and that now Segways would remain 2 illegal in the City of New York unless the 3 local governing body, the Mayor and the 4 Council, take action, and that if they want -- 5 as you indicated they might want to do -- to 6 allow police officers to use the Segways, 7 unless we pass this bill, they will not be 8 allowed to pass legislation to enable police 9 officers to use Segways? 10 SENATOR JOHNSON: Well, that's 11 correct. 12 SENATOR SCHNEIDERMAN: And 13 following up on that -- 14 ACTING PRESIDENT MARCELLINO: 15 Senator Johnson, do you yield for another 16 question? 17 SENATOR JOHNSON: Yes. 18 ACTING PRESIDENT MARCELLINO: He 19 yields, Senator. 20 SENATOR SCHNEIDERMAN: Outside of 21 the City of New York, it is my understanding 22 that the bill has been modified to allow any 23 local government -- and I'm now reading from 24 Section 1271(2)(a) -- to prohibit entirely or 25 prohibit the use thereof in specific areas

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(518) 371-8910 1 under the jurisdiction of such county, city 2 town village. 3 So essentially, in the City of 4 New York, unless the Mayor and the City 5 Council act, Segways are illegal for all 6 purposes, and in every other part of the 7 state, any local government can ban them, 8 limit their use in any way they see fit. Is 9 that correct? 10 SENATOR JOHNSON: That's exactly 11 right. 12 SENATOR SCHNEIDERMAN: Thank you. 13 Mr. President, on the bill. Thank 14 the sponsor. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Schneiderman, on the bill. 17 SENATOR SCHNEIDERMAN: I have 18 voted against previous incarnations of this 19 bill, but I have to say I have rarely seen the 20 manufacturer of a product continue to modify 21 legislation to provide for every possible 22 restriction. All the things that we requested 23 they do in this version of the bill I believe 24 they have done. 25 I appreciate the fact that now the

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(518) 371-8910 1 City of New York, which used to be opposed to 2 this, supports this legislation. They are 3 interested, perhaps, in having police officers 4 use Segways and would require this law before 5 they could do so. 6 So I'm going to withdraw my 7 opposition at this time, Mr. President. And I 8 think if -- there -- Segways are legal in most 9 states, and if we have problems with them I'm 10 sure our local governments will not hesitate 11 to regulate or restrict their use. 12 But I have to say that this version 13 of bill really provides as many safeguards as 14 you could possibly ask for, and I'm impressed 15 with the responsiveness of this company in 16 coming up with provisions that would make it 17 acceptable to the City of New York and 18 acceptable to me. 19 Thank you, Mr. President. 20 ACTING PRESIDENT MARCELLINO: Any 21 other Senator wishing to be heard? 22 Senator Krueger. 23 SENATOR LIZ KRUEGER: Thank you, 24 Mr. President. If the sponsor would please 25 yield.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Senator Johnson, do you yield for a question? 3 SENATOR JOHNSON: Yes, 4 Mr. President. 5 ACTING PRESIDENT MARCELLINO: The 6 sponsor yields. 7 SENATOR LIZ KRUEGER: Thank you, 8 Mr. President. 9 So as was just explained by my 10 colleague Senator Schneiderman -- and for 11 people who like to listen, you should listen, 12 because we're going to have a big disagreement 13 on this, Senator Schneiderman and I. 14 As you explained it, in New York 15 City it would be illegal unless the city 16 passed a law, but it would not be under motor 17 vehicle law in this bill for the City of 18 New York. That's how I read the bill. 19 So the question is, would there be 20 any requirements for registering a license or 21 insuring such vehicles? 22 SENATOR JOHNSON: We don't have 23 any regulations in this bill. It is under the 24 motor vehicle law, though. 25 SENATOR LIZ KRUEGER: I believe,

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(518) 371-8910 1 as I read it, it would not be subject to motor 2 vehicle law in the City of New York or in a 3 city with a million or more people. So I 4 believe it would not. 5 It's specifically excluded from 6 being considered a motor vehicle within a city 7 with a population of 1 million or more. So 8 there's different rules for whether it's in 9 the city or outside the city. 10 SENATOR JOHNSON: I would believe 11 that if the city did opt into it, they would 12 adopt the article in here about regulation, 13 traffic laws, so on and so on and so on. They 14 would put that in their own laws, I'm sure. 15 They could mimic what every other municipality 16 would be governed by. 17 SENATOR LIZ KRUEGER: Mr. 18 President, if through you the sponsor would 19 yield. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Johnson, do you continue to yield? 22 SENATOR JOHNSON: Yes, I do. 23 ACTING PRESIDENT MARCELLINO: He 24 yields, Senator. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 So it is your understanding that 2 the City of New York could require insurance 3 for such vehicles even though it wouldn't be 4 under motor vehicle law for the City of 5 New York? 6 SENATOR JOHNSON: I'm sure they 7 could do that, yes. 8 I don't know, do they do that for 9 bicycles and scooters? I don't know. Is that 10 what they do now with scooters and bicycles? 11 Then they would do the same thing for this, I 12 suppose. 13 SENATOR LIZ KRUEGER: Mr. 14 President, if through you the sponsor would 15 continue to yield. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Johnson, do you continue to yield? 18 SENATOR JOHNSON: Yes. 19 ACTING PRESIDENT MARCELLINO: He 20 yields. 21 SENATOR LIZ KRUEGER: Thank you. 22 Would you have to be licensed to 23 ride one of these vehicles, Senator Johnson? 24 SENATOR JOHNSON: No, you 25 wouldn't.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: You would 2 not. 3 SENATOR JOHNSON: They're very 4 simple to operate. Anyone can do it. They're 5 very safe. 6 SENATOR LIZ KRUEGER: Thank you. 7 Mr. President, if through you the 8 sponsor would continue to yield. 9 ACTING PRESIDENT MARCELLINO: 10 Senator, do you continue to yield? 11 SENATOR JOHNSON: Yes, 12 Mr. President. 13 ACTING PRESIDENT MARCELLINO: The 14 Senator continues to yield, Senator. 15 SENATOR LIZ KRUEGER: Thank you. 16 There was reference made to the 17 company that has produced these and has been 18 working with the Legislature to change the law 19 to try to make it more acceptable. 20 Is it your understanding, Senator, 21 that we aren't actually allowed to pass laws 22 that could be would be to the advantage of any 23 specific company? 24 SENATOR JOHNSON: Would you 25 repeat that question, please?

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Certainly. 2 Is it your understanding that the 3 State Legislature is forbidden from passing a 4 law that would be specific to a company and 5 their business interests? 6 SENATOR JOHNSON: Well, actually, 7 this talks about a personal assistive mobility 8 device. If another company devised one, I'm 9 sure that would be covered under the law as 10 well. Right now it's a generic term, I think. 11 We don't mention the manufacturer in this 12 bill. 13 SENATOR LIZ KRUEGER: Thank you, 14 Mr. President. On the bill. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Krueger, on the bill. 17 SENATOR LIZ KRUEGER: Thank you. 18 I appreciate the Senator's responses to my 19 questions, although it leaves me with the same 20 questions. 21 These are vehicles that would be 22 potentially allowed in City of New York -- 23 granted, with city approval -- that wouldn't 24 fall under motor vehicle law. And I'm not 25 convinced that then the City of New York would

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(518) 371-8910 1 have any ability to mandate that there was 2 insurance coverage, liability protections, 3 licensing of these vehicles, since they, under 4 this law, wouldn't fall under the State 5 Department of Motor Vehicles law. 6 I have seen these in operation in 7 my district. I'd like to discuss a little bit 8 about my district. It's probably the most 9 densely populated section of the country and 10 certainly ranks up there with the world. My 11 district includes Midtown Manhattan, the East 12 Side, North Chelsea, the Upper East Side. I 13 have a disproportionately large number of 14 senior citizens who live in my district, and a 15 population density during the days on the 16 sidewalks that is so extreme that in several 17 situations, particularly in the Midtown 18 section of my district, we've had to work with 19 the police about how we ensure that 20 pedestrians can fit on the sidewalks rather 21 than on the streets, because they have taken 22 to walking in the roadways because there is no 23 room for them to walk on the sidewalks. 24 We have had a growing incidence of 25 pedestrian/vehicle accidents and, in fact,

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(518) 371-8910 1 deaths on major thoroughfares and corners in 2 my district, although they are reflected 3 throughout Manhattan, not just my district. 4 These sidewalks are too crowded as 5 is. They are crowded by citizens who live 6 there, citizens who are working there, 7 disproportionately significant numbers of 8 seniors, and in fact, in many parts of the 9 district, young mothers and father with 10 children in either carriages or trying to 11 watch them weave in and out of the overcrowded 12 sidewalks and trying to prevent them from 13 accidentally crossing into the streets when 14 they are not being watched carefully enough or 15 they can't be seen because the crowds are so 16 extreme in my district. 17 Perhaps the number-one 18 quality-of-life issue that is discussed in my 19 district after noise is the problem of 20 bicycles on the sidewalks. And that is a 21 regulated vehicle, bicycles, and yet we find 22 that there is constant violation of the law 23 with disproportionately large numbers of hired 24 bicycle -- 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Excuse me, Senator. 2 Ladies and gentlemen, if you could 3 please, any conversations, take them out of 4 the chamber. We will call you back when it's 5 time to vote. If the conversation is that 6 important, please take it out of the chamber. 7 Thank you, Senator. 8 SENATOR LIZ KRUEGER: Thank you, 9 Mr. President. 10 As I was saying, bicycles on the 11 sidewalks are an enormous additional problem, 12 disproportionately causing problems, again, 13 for seniors, for the disabled, and for 14 families with young children. 15 I have been doing a lot of work 16 recently and held a number of town hall 17 meetings and open discussions about working 18 with a group called Transportation 19 Alternatives and trying to deal with the ways 20 that the City of New York could make our 21 sidewalks, quote, more pedestrian-friendly. 22 We have also explored what we're 23 referring to, with the City Council, of "elder 24 districts," where you would have different 25 standards in areas that are disproportionately

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(518) 371-8910 1 resided in by senior citizens. 2 I think a fascinating piece of 3 information that I didn't know until I started 4 to do this work was that the average American 5 walks 4 feet per second. The average senior 6 walks 2 and a half feet per second. See, did 7 any of us know that? No. 8 Why would I know that? Because in 9 my district we find a problem with seniors not 10 being able to even cross the streets in time 11 for these -- for the red light/green light 12 patterns. They get trapped, cannot get across 13 the avenues because they do not have the time 14 in relationship to the red/green changes. We 15 have seniors who in fact rearrange their life 16 patterns to avoid ever having to cross certain 17 thoroughfares because they know that they 18 cannot do it in the time allowed. 19 This problem is added to by the 20 fact that we have seniors and disabled and 21 children in carriages who end up being clogged 22 up at the intersections for crossing, which 23 even decreases their ability to cross the 24 streets and get down the sidewalks. 25 I'm trying to explain the visuals

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(518) 371-8910 1 for those of you who might not have visited my 2 district recently. Although I hope you all 3 do, because it's a great district with 4 wonderful things going on. 5 But these devices on the sidewalks 6 will add dramatically, in my opinion, to the 7 chaos factor and create additional problems 8 for people attempting to walk down our 9 sidewalks and across our streets. 10 Fairly recently I walked out of my 11 district office and there were five people on 12 Segways on the sidewalk crossing in front of 13 the door of my building. Technically illegal, 14 but there they were. And I watched as people 15 attempted to move out of their way. 16 These vehicles average 70 to 17 80 pounds. They can go extremely fast 18 compared to pedestrians or people in 19 wheelchairs. They have X amount of time that 20 is required before they can stop. And in 21 fact, in the one example I saw on the 22 sidewalks, they could not stop in time for the 23 people moving up and down the sidewalks, and I 24 witnessed several bumps just by watching them 25 on one block. I did not attempt a citizen's

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(518) 371-8910 1 arrest -- excuse me, this is not legal in 2 New York City -- but it was fairly disturbing 3 to observe them on the sidewalk. 4 And again, one might argue why 5 would you have gangs of Segway riders, five at 6 a time. But nonetheless, they were in this 7 situation. 8 There are any number of 9 organizations who have in fact urged us not to 10 pass this legislation. I heard the statement 11 that the Mayor of the City of New York has 12 changed his position and now wants them. My 13 understanding was that the City of New York 14 withdrew its memo of opposition, not that they 15 put in a memo of support, although I could be 16 wrong on that. 17 But we have the American Automobile 18 Association, the American Lung Association, 19 the Brain Injury Society, Citizens 20 Environmental Coalition, Environmental 21 Advocates, Institute for Transportation and 22 Development Policy, Manhattan Boroughwide 23 Agency Council on Aging, Natural Resources 24 Defense Council, Neighborhood Streets Network, 25 New York Bicycle Coalition, New York Public

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(518) 371-8910 1 Interest Research Group, Regional Planning 2 Association, Safe Kids New York, the Sierra 3 Club, Transportation Alternatives, TriState 4 Transportation Campaign, Washington Heights 5 and Inwood Council on Aging all joining me in 6 opposing this bill. 7 Yes, if we pass it here, it still 8 doesn't happen in my city unless the Council 9 and the Mayor come to some agreement. But I 10 have to argue that we should not let this 11 pass. We should not let it be an option in 12 the city. 13 I would think that there are any 14 number of towns and municipalities throughout 15 the State of New York who might find 16 themselves feeling the same way I do, and so 17 perhaps they could also move legislation to 18 prevent these types of vehicles from 19 traversing their streets and their roads. 20 But I will speak only for my 21 district in the City of New York when I tell 22 you that this is a very bad idea whose time 23 has not come, and I will be voting no and 24 urging my colleagues to. 25 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: Is 2 there any other Senator wishing to be heard? 3 The debate is closed. 4 The Secretary will please ring the 5 bell. 6 Read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MARCELLINO: 13 Senator Oppenheimer, to explain her vote. 14 SENATOR OPPENHEIMER: Thank you. 15 This is an improved bill, in that 16 it does give local communities the right to 17 vote on it, but -- 18 ACTING PRESIDENT MARCELLINO: 19 Excuse me, Senator. Just hold on a minute, 20 please. 21 Ladies and gentlemen, please take 22 your seats. The Senator would like to explain 23 her vote. 24 The quicker we can do this, the 25 faster we move the process, please. It's

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(518) 371-8910 1 going to be a long day. 2 SENATOR OPPENHEIMER: But I am 3 voting no because I think this would be 4 detrimental to pedestrian traffic. 5 Were the Segways to be on the 6 roadbeds and not on the sidewalks, I would be 7 more supportive. But considering it is on 8 sidewalks -- and I have seen the size of these 9 things. They're rather big. And I don't 10 think that they belong on the sidewalk where 11 people are walking. You know, young or 12 elderly, they could be very much impacted if 13 one of these ever fell on them. 14 So I'll be voting no. And maybe if 15 it comes back as something that would be in 16 roadways rather than on sidewalks, I would be 17 interested in supporting it. 18 ACTING PRESIDENT MARCELLINO: 19 Thank you, Senator. 20 Senator Oppenheimer, I assume 21 you're recorded in the negative. 22 SENATOR OPPENHEIMER: Negative, 23 thank you. 24 ACTING PRESIDENT MARCELLINO: 25 Please announce the results.

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1899 are 3 Senators Andrews, Connor, Gonzalez, Klein, 4 L. Krueger, LaValle, Leibell, Marcellino, 5 Morahan, Oppenheimer, Sabini, Saland, Savino, 6 Serrano, A. Smith, Spano, Stachowski, Stavisky 7 and Valesky. 8 Those Senators absent from voting: 9 Senators C. Kruger and Sampson. 10 Ayes, 39. Nays, 19. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 Senator Robach. 14 SENATOR ROBACH: Yes, 15 Mr. President. If we could continue with the 16 controversial calendar and go to Calendar 17 Number 334, please. 18 ACTING PRESIDENT MARCELLINO: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 334, substituted earlier today by Member of 22 the Assembly Schimminger, Assembly Print 23 Number 3676D, an act to amend the General 24 Business Law. 25 SENATOR SCHNEIDERMAN:

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(518) 371-8910 1 Explanation. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Young, an explanation has been 4 requested. 5 Ladies and gentlemen, I might ask 6 again if we can please have some quiet in the 7 chamber. 8 SENATOR YOUNG: Thank you, 9 Mr. President. 10 This bill amends the General 11 Business Law and the Alcoholic Beverage 12 Control Law to prohibit any person or business 13 from selling an alcohol vaporizing device and 14 prohibiting a licensee -- that's someone a 15 liquor license -- from possessing or making 16 available for use an alcohol vaporizing device 17 upon the premises of that establishment. 18 It establishes penalties because 19 persons who sell and licensees who possess or 20 make available on the premises of a licensed 21 establishment alcohol vaporizing devices would 22 be guilty of a violation for a first offense 23 with a fine not more than $5,000. It would be 24 elevated to Class B misdemeanor and a fine not 25 more than $10,000 for a subsequent offense

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(518) 371-8910 1 within five years. 2 This is an agreed-upon bill with 3 the Assembly. It's something that's been an 4 issue for several years. Several other states 5 have banned these devices. And that's why 6 this legislation is before us today. 7 ACTING PRESIDENT MARCELLINO: Any 8 Senator wishing to be heard on the issue? 9 Senator Sabini, why do you rise? 10 SENATOR SABINI: Mr. President, 11 on the bill. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Sabini, on the bill. 14 SENATOR SABINI: I'm not going to 15 create a protracted debate on this, because 16 we've had a vote on this bill earlier this 17 year, and we had a protracted debate last year 18 on it. 19 I just want to point out to my 20 colleagues very quickly that these devices are 21 used in regulated places. To use them, you 22 have to use a regulated product: spirits. 23 Banning this is no different than banning an 24 ice cube tray, a refrigerator, a glass. I 25 just think it's a little overkill.

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(518) 371-8910 1 I think our entertainment industry 2 is smart enough not to jeopardize their 3 licenses by having people use these recklessly 4 or have people under 21 -- and if they have 5 people under 21 using alcohol, they lose their 6 license anyway. 7 I just think this is an attempt to 8 find something to object to with a new device 9 that some in the entertainment industry 10 thought would help business, especially after 11 we -- some of our hospitality establishments 12 took a hit after we banned smoking in them. 13 So I am again going to vote no. 14 Thank you. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator. 17 Any other Senator wishing to be 18 heard? 19 Senator Young. 20 SENATOR YOUNG: Thank you, 21 Senator. On the bill. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Young, on the bill. 24 SENATOR YOUNG: I'm surprised to 25 hear my colleague say this is overkill,

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(518) 371-8910 1 because these devices are extremely dangerous. 2 The way they work is that you take a shot of 3 alcohol and it goes into a machine, it's mixed 4 with air, and the person ingesting it actually 5 inhales it into their lungs. 6 The reason why this makes it very 7 dangerous is that it totally bypasses the 8 digestive system. Usually when you have a 9 glass of wine, even when you drink a shot of 10 alcohol, it goes into your stomach and into 11 your digestive system and it's processed over 12 time. About 10 to 15 percent is processed in 13 the stomach, then it goes into the small 14 intestine, where about 85 to 90 percent of the 15 processing occurs. Well, you don't have this 16 rapid rush that you have with these 17 alcohol-without-liquid machines. 18 And what happens when you inhale 19 it, number one, it damages your lung and, 20 number two, it goes directly into your 21 bloodstream, goes directly to your brain. 22 Study after study has shown that alcohol kills 23 brain cells when you ingest too much of it. 24 The other problem with this is the 25 fact that these machines also increase the

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(518) 371-8910 1 risk of addiction. There's a researcher at 2 Brown Medical School, and he says that when 3 researchers want to model addiction to alcohol 4 with rats, they use this vaporizing method. 5 Because, number one, the rats don't want to 6 drink the alcohol, but, number two, it gets 7 rats hooked on alcohol much quicker. Think 8 about how that translates for humans. 9 So these machines are dangerous. 10 They promote alcohol addiction. They could 11 cause damage to the brain and the lungs. And 12 they also promote drunk driving. 13 So I'm very happy that this bill is 14 before us today. As I said previously, other 15 states have outlawed these machines. We 16 should do the same in New York State. This is 17 an agreed-upon bill with the State Assembly. 18 And I would urge all of my colleagues to vote 19 yes on this legislation. 20 Thank you very much, Mr. President. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Senator. 23 Senator Duane. 24 SENATOR DUANE: Thank you, 25 Mr. President. Just to speak on the bill.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Senator Duane, on the bill. 3 SENATOR DUANE: I'm going to vote 4 for it. But as was just raised by Senator 5 Young, if someone does become addicted to 6 alcohol, then they need treatment. And 7 without Timothy's Law, a lot of New Yorkers 8 will not get the treatment that they need. 9 So while it's good that we're going 10 pass this bill today, we still have work to do 11 because we still have to pass Timothy's Law. 12 Thank you, Mr. President. 13 ACTING PRESIDENT MARCELLINO: 14 Thank you, Senator Duane. 15 Thank you, Senator Young, for the 16 biology lesson. 17 Senator Sabini. 18 SENATOR SABINI: Mr. President, 19 on the bill. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Sabini, on the bill. 22 SENATOR SABINI: I just want to 23 point out that while the sponsor may have 24 mentioned that this is how they force rats to 25 ingest alcohol, I would submit that I've never

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(518) 371-8910 1 seen a rat take a drink yet of alcohol or 2 order a martini anywhere. I think it's a 3 procedure they use scientifically to get the 4 rat to participate in the experiment. So I 5 really don't think that's a particularly good 6 reason to ban these. 7 Additionally, the common 8 denominator in all of the things being said by 9 the sponsor is the regulated product. And 10 it's sold in a regulated atmosphere. 11 So I'm confident that the people we 12 have licensed in this state and the people who 13 regulate those licenses are experienced enough 14 to handle this machine. I don't think that 15 this machine is any different than anything 16 else used in a hospitality establishment. And 17 that's why I oppose it. 18 Thank you. 19 ACTING PRESIDENT MARCELLINO: 20 Thank you, Senator. 21 Any other Senator wishing to be 22 heard? 23 SENATOR PADAVAN: Yes. 24 ACTING PRESIDENT MARCELLINO: 25 Senator Padavan, on the bill.

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(518) 371-8910 1 SENATOR PADAVAN: Senator Sabini 2 repeatedly says this is a regulated industry. 3 And he knows and I know, in his district and 4 mine, in every part of the state, particularly 5 in New York City, that is the least regulated 6 industry. 7 And why? Lack of resources, lack 8 of inspectors, problems that prevail 9 throughout the city. All sorts of terrible 10 things coming out of this regulated industry. 11 Police having to shut them down using other 12 laws rather than the regulatory agency, the 13 SLA. 14 So to hang our hats on that doesn't 15 make any sense at all. 16 But the bottom line is this device 17 is designed to get people drunk more quickly 18 and more efficiently. Plain and simple. And 19 they'll inhale this alcohol through this 20 device as they're leaving, and we know what 21 could possibly happen after that. 22 It makes a great deal of sense not 23 to have this particular product. And I don't 24 know that it's regulated as a product by 25 anyone. Perhaps you could share some

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(518) 371-8910 1 specifics. I don't know if the device itself 2 is regulated by any federal or state agency. 3 To my knowledge, it's not. The premise may 4 be, but the device is not. 5 ACTING PRESIDENT MARCELLINO: 6 Thank you, Senator Padavan. 7 Debate is closed. 8 The Secretary will ring the bells, 9 please. 10 Read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MARCELLINO: 18 Announce the results, please. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 334 are 21 Senator Andrews, Coppola, Gonzalez, Klein, 22 L. Krueger, Parker, Sabini, Savino and 23 Schneiderman. 24 Absent from voting: Senators 25 C. Kruger and Sampson.

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(518) 371-8910 1 Ayes, 49. Nays, 9. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 Senator Robach. 5 SENATOR ROBACH: Yes, 6 Mr. President. If we could go to the 7 supplemental active list and begin with the 8 noncontroversial reading of the calendar, 9 please. 10 Mr. President, if we could just 11 delay for one moment at the request of 12 Senator Schneiderman. 13 ACTING PRESIDENT MARCELLINO: It 14 will be my pleasure to do so. 15 SENATOR SEWARD: Mr. President. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Seward, why do you rise? 18 Excuse me one second, Senator. 19 Can I have some attention, please. 20 Shhh. 21 Thank you, Senator. 22 SENATOR SEWARD: I just had one 23 request, Mr. President. I was unavoidably out 24 of the chamber when Calendar 760 passed 25 earlier today, and I would just like the

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(518) 371-8910 1 record to reflect that had I been here, I 2 would have voted in the negative. 3 ACTING PRESIDENT MARCELLINO: The 4 record will so reflect, Senator, without 5 objection. 6 SENATOR SEWARD: Thank you. 7 ACTING PRESIDENT MARCELLINO: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 140, by Senator Oppenheimer, Senate Print 11 5304A, an act to amend the Criminal Procedure 12 Law. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 224, by Senator Larkin, Senate Print 414, an 25 act to amend the Insurance Law.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of January. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 430, by Senator Maziarz, Senate Print 6682, an 13 act to amend the Labor Law. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 120th day. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MARCELLINO: 22 Senator Schneiderman, why do you rise? 23 SENATOR SCHNEIDERMAN: Yes, 24 Mr. President. I'm in support of this bill, 25 which requires --

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Sir, are you speaking on the bill? 3 SENATOR SCHNEIDERMAN: Well, I'm 4 explaining my vote. 5 ACTING PRESIDENT MARCELLINO: 6 He's explaining his vote. 7 SENATOR SCHNEIDERMAN: I support 8 this bill because it does require disclosure 9 of information. We know that there's a 10 problem in this state of certain employers 11 having the state pay for the healthcare of 12 their employees. This would gather 13 information about it. It's a good step. 14 It falls far short of the "Fair 15 Share for Healthcare" bills that have been 16 introduced by Senator Savino and then later by 17 Senator Spano, and I'm disappointed that we 18 appear to be closing this session without 19 taking action on those bills. 20 I commend Senator Maziarz for 21 taking the first step, but I don't think we 22 really need a lot of studies to understand 23 that it is wrong for companies to pay their 24 employees so little that they're on public 25 healthcare as a way of subsidizing those

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(518) 371-8910 1 companies' tremendous profits. 2 So I will be voting in support of 3 this bill, Mr. President, but with tremendous 4 disappointment that we're ending this session 5 without taking further steps in this regard. 6 Thank you. 7 ACTING PRESIDENT MARCELLINO: 8 Thank you, Senator. You will be recorded in 9 the affirmative. 10 Announce the results. 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 483, by Senator Larkin, Senate Print 6614, an 16 act to authorize the payment to the Wallkill 17 Central School District. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2036, by Senator Marcellino, Senate Print 5 8292, an act to amend the Education Law. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2066, by Senator Hannon, Senate Print 8220A, 18 an act to legalize, validate, ratify and 19 confirm. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 2067, by Senator Winner, Senate Print 8233A, 7 an act to authorize. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 9. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 2071, by Senator Golden, Senate Print 8367, an 20 act to amend the Administrative Code of the 21 City of New York. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2072, by Senator Nozzolio, Senate Print 8368, 9 an act to amend the Executive Law. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2074, by Senator Johnson, Senate Print 8380, 23 an act to amend the Environmental Conservation 24 Law. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2075, by Senator LaValle, Senate Print 8388, 12 an act to amend the Education Law, the State 13 Finance Law and the Tax Law. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 8. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2076, by Senator Larkin, Senate Print 8391, an

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(518) 371-8910 1 act to amend the Penal Law. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 6. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2079, by Senator Little, Senate Print 8410, an 14 act to establish a blue ribbon commission. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 9. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MARCELLINO: 23 Senator Duane, to explain your vote. 24 SENATOR DUANE: Thank you, 25 Mr. President.

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(518) 371-8910 1 I am going to be voting against 2 this. There's no minority representation, and 3 there should be. So I'll be voting in the 4 negative, Mr. President. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Duane will be recorded in the 7 negative. 8 Announce the results, please. 9 THE SECRETARY: Ayes, 58. Nays, 10 1. Senator Duane recorded in the negative. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2080, by Senator Leibell, Senate Print 8416, 15 an act to amend the Not-For-Profit Corporation 16 Law. 17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 12. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2081, by Senator Flanagan, Senate Print 8424, 4 an act to amend the Public Health Law. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Number 2082, Senator Seward moves to 17 discharge, from the Committee on Environmental 18 Conservation, Assembly Print Number 5808C and 19 substitute it for the identical Senate Bill 20 Number 3232A, Third Reading Calendar 2082. 21 ACTING PRESIDENT MARCELLINO: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2082, by Member of the Assembly Morelle,

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(518) 371-8910 1 Assembly Print Number 5808C, an act to amend 2 the Environmental Conservation Law. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the 120th day. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 2083, by Senator Golden, Senate Print 3530C, 16 an act to amend the Elder Law and the Tax Law. 17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 7. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MARCELLINO: 25 Senator LaValle, to explain his vote.

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(518) 371-8910 1 SENATOR LaVALLE: Thank you, 2 Mr. President. 3 I want to congratulate and commend 4 Senator Golden on this piece of legislation. 5 It may put New York State at the cutting edge 6 of what should be happening in elder law. I 7 know he has worked very, very hard, very 8 diligently over the last two years to bring 9 this bill before us. 10 It's a good bill. Thank you, 11 Senator Golden. I vote in the affirmative. 12 ACTING PRESIDENT MARCELLINO: 13 Thank you, Senator LaValle. You will be 14 recorded in the affirmative. 15 Senator Hannon, to explain his 16 vote. 17 SENATOR HANNON: To explain my 18 vote to support the legislation. 19 I'd like to fully echo what Senator 20 LaValle has said and congratulate Senator 21 Golden for pursuing this through a number of 22 hearings and roundtables and studies. I 23 believe this will substantially help those 24 people seeking long-term-care assistance in 25 this state.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT MARCELLINO: 3 Thank you, Senator Hannon. You will be 4 recorded in the affirmative. 5 Announce the results, please. 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2085, by Senator Spano, Senate Print 5071B, an 11 act to amend the Social Services Law. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the first of April 16 next succeeding. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 2087, Senator Maziarz moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 7837B and substitute it 2 for the identical Senate Bill Number 5975A, 3 Third Reading Calendar 2087. 4 ACTING PRESIDENT MARCELLINO: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2087, by Member of the Assembly Gunther, 9 Assembly Print Number 7837B, an act to amend 10 the Public Health Law. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MARCELLINO: 19 Senator Maziarz, to explain his vote. 20 SENATOR MAZIARZ: Yes, very 21 briefly, Mr. President, to explain my vote. 22 I just want to thank Senator Hannon 23 for all his work and his staff's work with 24 this, and the New York State Nurses 25 Association, and, most particularly,

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(518) 371-8910 1 Assemblywoman Aileen Gunther, who was a nurse 2 and provided a lot of great information in 3 getting this bill to the floor today for a 4 final vote. 5 Thank you. 6 ACTING PRESIDENT MARCELLINO: 7 Announce the results, please. 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 2088, by Senator Spano, Senate Print 6833, an 13 act relating to establishing. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2089, by Senator Golden --

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Lay it 2 aside. 3 ACTING PRESIDENT MARCELLINO: Lay 4 the bill aside. 5 THE SECRETARY: In relation to 6 Calendar Number 2090, Senator Hannon moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 10782A and substitute it 9 for the identical Senate Bill Number 7340A, 10 Third Reading Calendar 2090. 11 ACTING PRESIDENT MARCELLINO: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 2090, by Member of the Assembly Englebright, 16 Assembly Print Number 10782A, an act to amend 17 the Social Services Law. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 2091, Senator Klein moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 10796 and substitute it 7 for the identical Senate Bill Number 7373, 8 Third Reading Calendar 2091. 9 ACTING PRESIDENT MARCELLINO: 10 Substitution is ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 2091, by Member of the Assembly Paulin, 14 Assembly Print Number 10796, an act 15 authorizing the Village of Bronxville. 16 ACTING PRESIDENT MARCELLINO: 17 There is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2092, by Senator Hannon, Senate Print 7717A, 4 an act to amend the Public Health Law and the 5 New York State Medical Care Facilities Finance 6 Agency Act. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 14. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 2094, by Senator Spano, Senate Print 8342A, an 19 act to amend the Tax Law. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 2095, by Senator Marcellino, Senate Print 7 8347A, an act to amend the Environmental 8 Conservation Law. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 2096, by the Senate Committee on Rules, Senate 21 Print Number 8354, an act to amend the 22 Education Law. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect June 30, 2006. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2097, by Senator Saland, Senate Print 8355, an 10 act to amend the Education Law. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect June 30, 2006. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MARCELLINO: 19 Senator Bonacic, to explain your vote. 20 SENATOR BONACIC: Yes, thank you, 21 Mr. President. 22 First of all, I want to thank 23 Senator Saland for putting this legislation 24 forward. 25 I have for the last three years

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(518) 371-8910 1 been an active participant in driving this 2 issue, not only in our house but in our 3 conference. And I'd like to address the bill, 4 if I may. 5 This legislation is about 6 priorities. Our priorities under this bill 7 include a greater commitment to state aid, a 8 commitment to make sure our share of aid meets 9 our students' needs, and a commitment to 10 making home ownership more affordable. 11 Twelve years ago the Senate passed 12 a comprehensive bill similar to this that 13 would have given the option to school 14 districts that would have phased out the 15 property tax on primary residences. The bill 16 would have taken eight to 20 years, according 17 to the sponsor, Senator Cook, at the time. 18 Assembly Democrats said no. They 19 offered no alternatives. They said they had 20 to study the issue. They sat on the sidelines 21 of property tax reform for 12 years. 22 New Yorkers have suffered from 12 23 years of property tax hikes. The failure to 24 act 12 years ago by the Assembly has caused 25 New Yorkers to be overtaxed and overburdened.

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(518) 371-8910 1 Taxpayers want and deserve real property tax 2 relief now. 3 If this bill becomes law, we're 4 going to have to make budget changes, and I'm 5 prepared to make them. If we have to cut in 6 other areas to prioritize education and home 7 ownership, let's do it. Everybody says cut 8 the member items, then you can reduce property 9 taxes. You know what? If we had to cut 10 $2 million or whatever the amount is from 11 member items to fund education and remove the 12 property tax from people's homes -- and I know 13 some people will gasp -- I say, let's do it. 14 The point is, the Senate and only 15 the Senate has said we are ready to stand up 16 and shift billions of dollars onto the state 17 to get property taxes off the back of primary 18 homeowners. 19 Excuse me. I've been informed by 20 counsel at the desk that Senator Saland had 21 two bills. And I'll continue this discussion 22 when I lay the next bill aside. 23 I thank you, Mr. President. 24 ACTING PRESIDENT MARCELLINO: 25 Thank you, Senator.

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(518) 371-8910 1 Announce the results, please. 2 THE SECRETARY: In relation to 3 Calendar Number 2097: Ayes, 59. Nays, 0. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2098, by Senator Saland, Senate Print 8360, an 8 act to amend the Education Law and the Real 9 Property Tax Law. 10 SENATOR SCHNEIDERMAN: On behalf 11 of Senator Bonacic, I'd like to lay the bill 12 aside. 13 ACTING PRESIDENT MARCELLINO: 14 Thank you, Senator Schneiderman. The bill is 15 laid aside. 16 THE SECRETARY: Calendar Number 17 2099, by Senator Balboni, Senate Print 8363A, 18 an act authorizing. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. Nays, 2 1. Senator Bonacic recorded in the negative. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 2100, by Senator Maltese, Senate Print 8364, 7 an act to amend the General Municipal Law. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 2101, by Senator Golden -- 20 SENATOR SCHNEIDERMAN: Lay it 21 aside. 22 ACTING PRESIDENT MARCELLINO: Lay 23 the bill aside. 24 THE SECRETARY: Calendar Number 25 2102, by Senator Padavan, Senate Print 8383,

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(518) 371-8910 1 an act directing the Department of 2 Environmental Conservation. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2103, by Senator Alesi, Senate Print 8384, an 15 act to amend the Economic Development Law. 16 ACTING PRESIDENT MARCELLINO: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. Nays, 24 1. Senator Duane recorded in the negative. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2104, by Senator Alesi, Senate Print 8385, an 4 act to amend the Economic Development Law. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 120th day. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MARCELLINO: 13 Senator Coppola, to explain his vote. 14 SENATOR COPPOLA: Thank you, 15 Mr. President. I rise to explain my vote. 16 While I applaud the efforts of 17 Senator Alesi and would say that any time that 18 we can provide more information for businesses 19 that are locating in New York State, anywhere 20 throughout the state -- unfortunately, we're 21 not doing enough. 22 Where I come from, Western 23 New York, you all know this chamber, this 24 body, the legislative body of New York State 25 has put in place control boards in the City of

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(518) 371-8910 1 Buffalo, in the County of Erie, talking about 2 possibly a control board for the County of 3 Niagara. 4 And each and every day when I go 5 back to my district or I read the newspaper 6 even from here, I hear about businesses that 7 are looking to leave. And what they do is say 8 that they need more assistance from the 9 government, they need more taxpayer dollars to 10 stay in our area. 11 The problem that we're experiencing 12 is we keep throwing money at them, but we have 13 no idea of where we're going. We're throwing 14 money at the problem, we're not addressing 15 anything, we don't have a strategic approach 16 of how we're going to keep businesses in 17 certain regions of New York State. 18 And what I think we need to do is 19 come up with a plan that we do not have a 20 hodgepodge system and that our economic 21 development plan is specific to each and every 22 region, rather than just throwing money at the 23 businesses and asking them to stay. 24 Thank you. I vote yes. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Senator Coppola will be recorded in the 2 affirmative. 3 Announce the results. 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2105, by Senator Alesi, Senate Print 8386, an 9 act to amend the State Administrative 10 Procedure Act. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of October. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2106, by Senator DeFrancisco, Senate Print 23 8393, an act to amend Chapter 203 of the Laws 24 of 2004. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the same date and in 4 the same manner as a chapter of the Laws of 5 2006. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2108, by Senator Bruno -- 14 SENATOR SCHNEIDERMAN: Lay it 15 aside. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is laid aside. 18 THE SECRETARY: Calendar Number 19 2109, by Senator Spano, Senate Print 8417, an 20 act to amend the Insurance Law and the Public 21 Health Law. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect January 1, 2007.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. Nays, 5 1. Senator Rath recorded in the negative. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2110, by Senator Flanagan, Senate Print 8420, 10 an act to amend the Education Law. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section, please. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2111, by Senator Flanagan, Senate Print 8423, 23 an act to amend the Economic Development Law. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section, please.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 120th day. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MARCELLINO: 7 Senator Smith, why do you rise? 8 SENATOR MALCOLM SMITH: Mr. 9 President, I'd like to explain my vote. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Smith, to explain his vote. 12 SENATOR MALCOLM SMITH: Thank 13 you. 14 Senator Flanagan has put forward a 15 system as he considers it to be an enhanced 16 statewide business information referral 17 system, which essentially has a 511 number to 18 it. I think it's a smart idea, it's a great 19 concept, and it's one that would provide 20 information to many of the businesses around 21 this state. 22 However, what I would have hoped 23 Mr. Flanagan would have done was taken the 24 time to speak to members of our conference. 25 Senator Paterson and many of the members of

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(518) 371-8910 1 our conference have worked very diligently on 2 a statewide program that really would have 3 placed New York State in the forefront of what 4 seems to have been a growing global 5 competition for this entire country. 6 We have a state right now that has 7 been threatened with competition from 8 businesses around the world. And in order for 9 us to maintain our superiority, in order for 10 us to maintain our leadership role in this 11 country, we need to have a process and a 12 program that allows our government and allows 13 our businesses to be very nimble, very 14 efficient, and be able to respond on a dime to 15 information as well as access to programs. 16 We have put forward a tremendous 17 program with regard to regionalization, ten 18 regional organizations throughout the state. 19 We put a program that would have made sure 20 that businesses, professional organizations 21 would be a part of the economic development 22 program throughout this entire state. 23 And while the 511 phone number 24 provides information, it is only one method 25 and one step toward what we believe should be

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(518) 371-8910 1 part of a comprehensive program. Senator 2 Coppola talked about it a little earlier in 3 terms of Senator Alesi's bill. 4 And I would just hope that while we 5 know that this is just one method of us 6 getting there, perhaps when we come back, 7 maybe sometime in a special session in 8 September, we will then be allowed to put 9 together a comprehensive program with our 10 conference, that was led under Senator 11 Paterson, that will make sure that the 12 businesses in this state have the ability to 13 compete not only countrywide but throughout 14 the world, which is what we are faced with 15 today. 16 I will be voting aye on this bill. 17 ACTING PRESIDENT MARCELLINO: 18 Thank you, Senator Smith. You will be 19 recorded in the affirmative. 20 Senator Schneiderman, why do you 21 rise? 22 SENATOR SCHNEIDERMAN: Thank you. 23 To explain my vote. 24 ACTING PRESIDENT MARCELLINO: 25 Senator Schneiderman, to explain his vote.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: I just 2 want to thank everyone on both sides of the 3 aisle who have worked on these issues -- 4 Senator Smith, Senator Coppola, Senator 5 Valesky, and Senator Paterson, who put 6 together our conference's package. And I'm 7 pleased to see some of the ideas that they 8 introduced adopted in this legislation. 9 There is an old expression that 10 there's no limit to what you can get done as 11 long as you are willing to let someone else 12 take the credit. And I think that that 13 applies very well here. 14 Thank you, gentlemen, and I'm glad 15 that we're moving forward on some parts of the 16 program that you developed. Thank you. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Schneiderman, how do you vote? 19 SENATOR SCHNEIDERMAN: I vote in 20 the affirmative. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Senator. You will be recorded in 23 the affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 Senator Robach, that completes the 4 noncontroversial reading of the calendar. 5 ACTING PRESIDENT MARCELLINO: 6 SENATOR ROBACH: Yes, 7 Mr. President. If we could just stand at ease 8 momentarily. 9 ACTING PRESIDENT MARCELLINO: The 10 Senate will stand at ease momentarily. 11 Senator Robach. 12 SENATOR ROBACH: Mr. President, 13 there will be an immediate meeting of the 14 Rules Committee in the Majority Conference 15 Room, and the Senate will stand at ease until 16 the completion of that meeting. 17 ACTING PRESIDENT MARCELLINO: 18 There will be an immediate meeting of the 19 Rules Committee in the Majority Conference 20 Room. 21 The Senate will stand at ease in 22 the interim. 23 (Whereupon, the Senate stood at 24 ease at 2:16 p.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 2:34 p.m.) 2 ACTING PRESIDENT MARCELLINO: 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 could you please call up Calendar Number 2036. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 2036, by Senator Marcellino, Senate Print 10 8292, an act to amend the Education Law. 11 SENATOR SKELOS: I move to 12 reconsider the vote by which the bill was 13 passed. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll on reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 SENATOR SKELOS: Lay it aside, 19 please. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is laid aside. 22 SENATOR SKELOS: Mr. President, 23 if you could call up, noncontroversial, 24 Calendar Number 2089. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 Secretary will read Calendar Number 2089, 2 noncontroversial. 3 THE SECRETARY: In relation to 4 Calendar Number 2089, Senator Golden moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 11650A and substitute it 7 for the identical Senate Bill Number 6986A, 8 Third Reading Calendar 2089. 9 ACTING PRESIDENT MARCELLINO: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 2089, by Member of the Assembly Englebright, 14 Assembly Print Number 11650A, an act to amend 15 the Social Services Law. 16 ACTING PRESIDENT MARCELLINO: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could return to reports of standing 4 committees, I believe there's a report of the 5 Rules Committee at the desk. I ask that it be 6 read at this time. 7 ACTING PRESIDENT MARCELLINO: 8 Reports of standing committees. 9 The Secretary will read the report 10 of the Rules Committee. 11 THE SECRETARY: Senator Bruno, 12 from the Committee on Rules, reports the 13 following bills: 14 Senate Print 1969B, by Senator 15 Nozzolio, an act to amend the Vehicle and 16 Traffic Law; 17 1970B, by Senator Nozzolio, an act 18 to amend the Vehicle and Traffic Law; 19 2797A, by Senator Flanagan, an act 20 to amend the Mental Hygiene Law; 21 3767A, by Senator Nozzolio, an act 22 to amend the Tax Law; 23 4164, by Senator Saland, an act to 24 amend the Penal Law; 25 4331B, by Senator Hannon, an act to

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(518) 371-8910 1 amend the Public Health Law; 2 4456B, by Senator Golden, an act to 3 amend the Public Authorities Law; 4 5525A, by Senator Libous, an act to 5 amend the Vehicle and Traffic Law; 6 5987C, by Senator Spano, an act to 7 amend the Mental Hygiene Law; 8 6575, by Senator Spano, an act to 9 amend the State Finance Law; 10 6795A, by Senator Johnson, an act 11 to amend the Environmental Conservation Law; 12 7184B, by Senator Flanagan, an act 13 to amend the Real Property Tax Law; 14 7263, by Senator Volker, an act to 15 amend the Retirement and Social Security Law; 16 7425B, by Senator Farley, an act 17 establishing; 18 7679, by Senator Maltese, an act to 19 amend the Administrative Code of the City of 20 New York; 21 7832, by the Senate Committee on 22 Rules, an act to amend Chapter 103 of the Laws 23 of 2004; 24 7961, by Senator Marcellino, an act 25 to amend the Environmental Conservation Law;

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(518) 371-8910 1 8034, by Senator Larkin, an act to 2 amend the Navigation Law; 3 8067, by Senator Hannon, an act to 4 amend Chapter 884 of the Laws of 1990; 5 8074, by Senator Little, Concurrent 6 Resolution of the Senate and Assembly; 7 8082, by Senator Spano, an act to 8 amend the Public Health Law; 9 8137, by Senator Klein, an act to 10 amend the Vehicle and Traffic Law; 11 8180, by Senator Alesi, an act 12 authorizing; 13 8281, by Senator Bonacic, an act to 14 amend the Vehicle and Traffic Law; 15 8294, by Senator Balboni, an act to 16 amend the Military Law; 17 8308A, by Senator Morahan, an act 18 in relation; 19 8402, by the Senate Committee on 20 Rules, an act to amend the Real Property Tax 21 Law; 22 8405, by Senator LaValle, an act to 23 amend the Environmental Conservation Law; 24 And Senate Print 8444, by Senator 25 Bruno, an act to amend the Environmental

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(518) 371-8910 1 Conservation Law. 2 All bills ordered direct to third 3 reading. 4 SENATOR SKELOS: Mr. President, I 5 move that we accept the report of the Rules 6 Committee. 7 ACTING PRESIDENT MARCELLINO: All 8 in favor of accepting the report of the Rules 9 Committee signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MARCELLINO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MARCELLINO: The 15 report is accepted. 16 Senator Skelos. 17 SENATOR SKELOS: Please recognize 18 Senator Gonzalez. 19 SENATOR GONZALEZ: Mr. President, 20 there will be an immediate meeting of the 21 Minority conference in Room 315. 22 ACTING PRESIDENT MARCELLINO: 23 There will be an immediate meeting of the 24 Minority conference in Room 315. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 there will be an immediate meeting of the 2 Majority conference in the Majority Conference 3 Room. 4 ACTING PRESIDENT MARCELLINO: And 5 likewise, an immediate meeting of the Majority 6 conference in the Majority Conference Room. 7 The Senate will stand at ease. 8 (Whereupon, the Senate stood at 9 ease at 2:40 p.m.) 10 (Whereupon, the Senate reconvened 11 at 3:48 p.m.) 12 ACTING PRESIDENT MARCELLINO: 13 Senator Skelos. 14 SENATOR SKELOS: If we could 15 return to the supplemental active list. 16 ACTING PRESIDENT MARCELLINO: The 17 Secretary will read the supplemental active 18 list, controversial. 19 SENATOR SKELOS: First, 20 Mr. President, if you would recognize Senator 21 Morahan. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Morahan. 24 SENATOR MORAHAN: Thank you, 25 Mr. President.

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(518) 371-8910 1 I wish to call up my bill, Print 2 Number 6775B, recalled from the Assembly, 3 which is now at the desk. 4 ACTING PRESIDENT MARCELLINO: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 2057, by Senator Morahan, Senate Print 6775B, 8 an act to amend the Public Health Law. 9 SENATOR MORAHAN: Mr. President, 10 I now move to reconsider the vote by which 11 this bill passed. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll on reconsideration, please. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Morahan. 18 SENATOR MORAHAN: Yes, 19 Mr. President, I ask that the bill be restored 20 to its place on Third Reading Calendar. 21 ACTING PRESIDENT MARCELLINO: So 22 ordered. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 on the supplemental active list, the Minority

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(518) 371-8910 1 has agreed to remove the lay-aside on three 2 bills, which we could now take up 3 noncontroversial. 4 ACTING PRESIDENT MARCELLINO: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 2098, by Senator Saland, Senate Print 8360, an 8 act to amend the Education Law and the Real 9 Property Tax Law. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MARCELLINO: 18 Senator Saland, why do you rise? 19 SENATOR SALAND: To briefly 20 explain my vote, Mr. President. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Saland, to explain his vote. 23 Could we have some order in the 24 house, please. 25 SENATOR SALAND: Mr. President,

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(518) 371-8910 1 there's certainly nobody or at the very least 2 very, very few people who are not aware of the 3 burgeoning school property tax problem that's 4 plaguing all of our school districts, our 5 independent school districts and to some 6 extent perhaps even the dependent school 7 districts as well. 8 This is an effort to deal in a very 9 serious fashion with the problem of those 10 burgeoning taxes by providing a direct, in 11 effect, through an optional system, means by 12 which state dollars can replace local school 13 tax dollars phased in over a period of five 14 years, while at the same time capping, for 15 those who are 70 years or older, at local 16 option, through acts of local board after 17 public hearings, the school taxes of such of 18 our senior citizens. 19 This bill is consistent, certainly, 20 with the tradition in this house of dealing 21 with issues related to school property tax. 22 Certainly the precedents of STAR can be found 23 in prior Senate legislation. And similarly, 24 our Rebate New York program found its way into 25 the tax credit bill that we passed perhaps

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(518) 371-8910 1 within the past 10 days to two weeks. 2 Mr. President, I will certainly 3 vote in the affirmative on this measure. 4 Thank you. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Saland will be recorded in the 7 affirmative. 8 Senator Bonacic. 9 SENATOR BONACIC: Thank you, 10 Mr. President. 11 Twelve years ago, the Senate passed 12 a comprehensive legislation that would have 13 eliminated the property tax on homeowners. 14 Democrats in the Assembly refused to act. And 15 as a result of that inaction, we've had 16 12 years of increased property taxes that have 17 now become unbearable. 18 We shouldn't have to ask people are 19 they going to want to fund education for their 20 children or help carry their housing to stay 21 in their homes so it be affordable. 22 Again, the Senate has acted. And 23 we have a good partner this time: we have the 24 Attorney General who has stepped up and is the 25 only one from the Democratic Party talking

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(518) 371-8910 1 about school property tax relief. 2 So the Senate, again, with a 3 five-year option, is giving school districts 4 and constituents within those school districts 5 an option to phase out the property taxes on 6 homeowners. The state will have to pay a 7 larger share. 8 Now the gauntlet has been thrown 9 before the Assembly leadership. Are they 10 going to act and vote on a property tax 11 reduction bill, or are they going to talk for 12 another 12 years? 13 I vote yes. Thank you very much, 14 Mr. President. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator Bonacic. You will be 17 recorded in the affirmative. 18 Senator Leibell. 19 SENATOR LEIBELL: Thank you, 20 Mr. President. 21 This Legislature certainly on a 22 daily basis faces issues that are very 23 difficult and most problematic. But I daresay 24 there's almost none that's more difficult than 25 this issue we're talking about right now.

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(518) 371-8910 1 The issue is how to provide a 2 quality education for all the young people in 3 the State of New York, how to make it 4 affordable, and how to make it affordable in 5 such a way that it will not drive out the 6 middle class. 7 I would note also that New York 8 State is not alone in confronting this 9 problem. This has been a problem that's 10 followed us around the country. Every state I 11 think has had to deal with this, or is going 12 to be dealing with it, and it has certainly 13 been the subject of litigation not only in 14 New York State but in numerous other states. 15 I think that Senator Saland, by 16 putting forward this legislation today, is 17 making a very, very strong effort and attempt 18 to try and deal with this problem, to shift 19 away some of this burden of school property 20 taxes away from the local homeowner, the 21 primary residence owner, to the state itself. 22 I might note that we have made a 23 commitment in this budget and in so many 24 previous budgets by putting in substantial 25 dollars into education. But no matter what we

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(518) 371-8910 1 attempt to do, this problem of funding 2 education continues to stay with us. 3 Certainly there will be other 4 legislation in this area attempting to deal 5 with this further, but this is a most 6 important and significant piece of 7 legislation, one that I am very pleased to 8 support. 9 ACTING PRESIDENT MARCELLINO: 10 Thank you, Senator Leibell. You will be voted 11 in the affirmative. 12 Senator Oppenheimer, to explain her 13 vote. 14 SENATOR OPPENHEIMER: Well, I'm 15 certainly going to support this bill, because 16 I have been working on this issue for so long 17 and so hard. 18 I feel that this is only a 19 statement. The issue is so complex that to 20 simply put out there "Hello, voters, would you 21 like to get rid of the property tax" is really 22 not certainly an in-depth solution. 23 We have studied this for several 24 months now, looked at several alternatives, 25 come up with maybe four or five possible

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(518) 371-8910 1 options. But it really is so complicated. 2 And this particular bill really does not in 3 any way address the needs of business. And to 4 just lay additional tax on them is certainly 5 not going to benefit us with our economic 6 development moves. 7 But, I mean, it says what I want 8 said, that we have to look at this issue 9 seriously and find some kind of an answer. 10 This is not the answer, but at least it moves 11 us to look more closely. And I know -- you 12 know, it is so complicated that it will not -- 13 there will not be an easy answer out there for 14 us. 15 But I will be voting yes. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Oppenheimer will be recorded in the 18 affirmative. 19 Senator Morahan. 20 SENATOR MORAHAN: Thank you, 21 Mr. President. 22 I stand in support of this bill by 23 Senator Saland. I think it's an excellent 24 move to bring the focus of high property 25 taxes -- in particular, school taxes -- to the

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(518) 371-8910 1 forefront in the State of New York, as it is 2 with all the residents of New York. 3 Many of us are working back home to 4 deal with and try to find solutions to this 5 confiscatory tax rate that we pay to support 6 our schools at the local level. For example, 7 I have a summit coming up with all the school 8 board presidents and all the superintendents 9 and others to deal with not only this issue on 10 funding but also on mandates and what mandates 11 that we put on school districts through the 12 SED and whether those mandates are really 13 working or necessary. 14 And I think once the state gets 15 into the complete absorption of property tax 16 levies for school district expenses, then 17 maybe we will look more closely at the mandate 18 process that we put in across the state, 19 sometimes without fully understanding the 20 impact on the homeowner. 21 So I support this bill by Senator 22 Saland. I think it's a good start-off. I 23 think we'll be working on this bill and others 24 in the next several months. But I think this 25 whole house and the Assembly -- and I'm sure

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(518) 371-8910 1 they're equally concerned with property tax 2 increases and also the school tax property. 3 And I think together we will find a way and we 4 will get something done. 5 And hopefully between now and when 6 we come back in January we'll have forged new 7 legislation, with the support of the new 8 governor, whoever he is or she is, whoever 9 knows, that we will get some meaningful reform 10 and relief to the real property taxpayers in 11 the State of New York. 12 Thank you, Mr. President. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Morahan will be recorded in the 15 affirmative. 16 Senator Stavisky. 17 SENATOR STAVISKY: Thank you, 18 Madam -- sir. Mr. President. 19 ACTING PRESIDENT MARCELLINO: 20 You're welcome. 21 SENATOR STAVISKY: Mr. President. 22 Sorry about that. 23 I was disappointed to hear another 24 one of these let's blame somebody else for our 25 own problems. There are other reasons, I

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(518) 371-8910 1 think, for the increases in the property tax. 2 What bothers me is this legislation 3 is going to place an unusual -- an unfair 4 burden upon the business community, and the 5 business community certainly doesn't need any 6 other tax increases and any other -- anything 7 else that we do to make it more difficult for 8 business to prosper. 9 I think business is the key to 10 prosperity. And I think that if this 11 legislation were to pass and the burden be 12 placed on the business community, it will only 13 encourage them to leave the state. And we 14 certainly don't have to drive out the economic 15 engine that drives our economy. 16 The farmers are going to suffer 17 also under this legislation. 18 And, Mr. President, for that reason 19 I vote no. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Stavisky will be recorded in the 22 negative. 23 Senator LaValle, to explain his 24 vote. 25 SENATOR LaVALLE: Thank you,

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(518) 371-8910 1 Mr. President. I rise to support this 2 legislation. 3 Outside of the City of New York, 4 there is no greater problem than real estate 5 property taxes as we look at it from the 6 school district tax. 7 I'm a little amused because I'm 8 listening to some of my colleagues who were 9 talking at other points in this session and 10 last session about raising billions -- I even 11 lost count. It could have been 10 or more 12 billion dollars -- to finance CFE. 13 Whatever, this bill begins to 14 address the issue by making a very strong 15 statement and a plan and a program to begin to 16 reduce the burden on real property taxpayers 17 and begin to look at other broad-based taxes 18 to fund that. 19 All of the gubernatorial candidates 20 have made this a number-one issue and have 21 pledged, as part of their campaigns, billions 22 of dollars, 6 billion or more, to reduce the 23 impact of real property taxes on homeowners. 24 So Senator Saland presents to us a 25 plan and a program that does exactly that, and

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(518) 371-8910 1 a component that would, for those homeowners 2 70 or older, freeze their property taxes so 3 that they can remain here in New York State, 4 remain with their families, and not move to 5 other part of the country. 6 I vote aye, Mr. President. 7 ACTING PRESIDENT MARCELLINO: 8 Thank you, Senator LaValle. You will be 9 recorded in the affirmative. 10 Senator Krueger, to explain her 11 vote. 12 SENATOR LIZ KRUEGER: Thank you, 13 Mr. President. To explain my vote. 14 Well, I guess one of the problems 15 when you try to write a bill June 18th and 16 pass it June 22nd is you don't necessarily 17 look at the whole picture. 18 So since I've come to the Senate, I 19 have stood up and said over and over again we 20 will not resolve the education funding issue 21 in the state until we reevaluate tax policy 22 statewide, we will not actually address tax 23 equity in this state until we completely 24 reevaluate how we're collecting our taxes and 25 how we're spending them.

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(518) 371-8910 1 So I do respect Senator Saland's 2 attempt to say we need to do something about 3 this. No disagreement. 4 My problem with the bill is -- and, 5 Senator LaValle, I believe you were wrong, 6 just in reference. We aren't resolving the 7 CFE obligation -- which is estimated to be, 8 what, a minimum 6 billion a year that the 9 state is supposed to be coming up with for 10 education. We're adding to the 6 billion a 11 new assignment of an approximately 9 billion 12 more for the state to come up with, because 13 Senator Saland's bill is estimated to cost 14 9 billion annually when fully phased in over a 15 five-year period. 16 So I don't actually disagree with 17 my colleague's attempts to come up with a 18 solution to the property tax issue. The 19 problem is this bill doesn't do that. It 20 shifts 9 billion to the state without 21 explaining how we would now have to come up 22 with $15 billion more in education aid at the 23 state level on an annual basis. 24 Now, I almost wanted to vote for 25 the bill because it would force the issue, it

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(518) 371-8910 1 would force the issue of finally saying let's 2 look at our entire tax policy and let's do it 3 right. But I can't, because there's so many 4 problems still with this bill, including the 5 reference my colleagues made at the local 6 level, since your property tax owners won't 7 pay their taxes but the school costs will go 8 up, because everyone will go to vote and be 9 happy to vote for higher school costs because 10 it just goes to the state, not to the 11 locality. That means your businesses, your 12 farmers, and anybody who's not a homeowner can 13 fully expect a dramatic increase in their 14 property taxes as a direct outcome of this 15 bill. 16 So bravo for the attempt. Bad idea 17 to try to create a solution in four days. 18 Flunks the test of answering the problem. And 19 again, want to talk about where we come up 20 with 15 billion annual in new state money for 21 education? I'm happy to do that. 22 I'll be voting no. Thank you, 23 Mr. President. 24 ACTING PRESIDENT MARCELLINO: 25 Thank you, Senator Krueger. You will be

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(518) 371-8910 1 recorded in the negative. 2 Senator DeFrancisco, to explain his 3 vote. 4 SENATOR DeFRANCISCO: Yes, I'm 5 voting in the affirmative. 6 And about a decade ago, a very 7 similar bill was proposed by Senator Charlie 8 Cook. And at that time we heard basically the 9 same arguments, that it's going to cost so 10 much that we probably should not do it. 11 But the concept here is the longer 12 we wait to convert the manner of funding of 13 schools from the property tax and off the 14 property taxpayers' back, the more difficult 15 it's going to be. 16 As an analogy, when a proposal came 17 out by Mid-States, a school organization that 18 came out with a school aid formula reform 19 several years ago, the cost of it was 20 $4 billion for it to be implemented. And it 21 cost too much at that time, and the formula 22 was not approved or not even given serious 23 consideration. Four billion dollars today is 24 very little compared to the school tax 25 increases that we've been providing in the

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(518) 371-8910 1 state over the last few years. 2 So my point simply is this. It may 3 cost a lot, but it's good policy to get 4 property taxes off the funding of schools, and 5 so that property taxpayers are not killed 6 every year and more and more each year we have 7 to have an alternate formula. Charlie Cook 8 saw this years ago. We should have listened 9 to him. And now is as good a time as any to 10 get it started. 11 I vote aye. 12 ACTING PRESIDENT MARCELLINO: 13 Thank you, Senator DeFrancisco. You will be 14 voted in the affirmative. 15 Senator Larkin. 16 SENATOR LARKIN: Thank you, 17 Mr. President. 18 You know, I just heard my good 19 friend and colleague Senator DeFrancisco talk 20 about the late Senator Cook. About 10 or 11 21 years ago, Senator Cook took up this 22 challenge. And Senator Cook said we'll 23 never -- 24 ACTING PRESIDENT MARCELLINO: 25 Excuse me.

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(518) 371-8910 1 Ladies and gentlemen, can we have 2 some order in the house, please. 3 Thank you. 4 SENATOR LARKIN: Thank you, 5 Mr. President. 6 This was an issue that Senator 7 Cook, during his tenure as chairman of the 8 Education Committee, said: We must be bold, 9 we must not just continually wait. We talk 10 around here, day in and day out -- and I 11 believe it's on both sides of the aisle -- 12 that we have to address the issue of property 13 tax. And people talk about it. 14 Today we're here with a bill that 15 says we have an initiative, we're going to 16 address it. And somebody said to me, walking 17 down, "Well, what does the Governor say? What 18 does the Speaker say?" I don't really care 19 what they say. We are saying for the people 20 we represent that this is an opportunity for 21 us to strike a ground and say what we're going 22 to do in hopes of addressing the real issue of 23 real property tax. 24 I don't believe that there's 25 anybody who's being honest with us can say

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(518) 371-8910 1 that it is not an issue in their district. If 2 it isn't, they must be going around with 3 blinders and earplugs. And what we need to do 4 is to sit here and say let's do something 5 about it. 6 The issue is, how do we get there? 7 We talk about doing 20 percent for the next 8 five years. And people will say, Well, 9 there's the money, there's this. I always 10 believe where there's a will, there's a way. 11 This is a striking attempt to 12 address the most critical issue facing the 13 taxpayers of this state. If we don't do 14 something, we won't be worrying about 15 reapportionment in 2010, we'll be worrying 16 about who's going to turn the lights out as 17 the last person leaves the state. 18 Thank you, Mr. President. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Larkin will be recorded in the 21 affirmative. 22 Senator Connor. 23 SENATOR CONNOR: Thank you, 24 Mr. President. 25 While I certainly appreciate the

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(518) 371-8910 1 desire of members to provide relief for the 2 taxpayers in their districts, I think the 3 residential property tax -- I do believe it's 4 outmoded. It's a tax that's been around for 5 as long as the State of New York, and goes 6 back to colonial times when the measure of 7 wealth -- people didn't have money, they had 8 land. They had buildings. And it is 9 outmoded. 10 That said, this bill is like 11 signing a blank check for every school 12 district. The State of New York signs the 13 check, and the people who don't have to pay 14 the check get to fill in the number. 15 I cannot believe that fiscally 16 responsible members of this house would want 17 to issue blank checks to the -- what are 18 there, a couple thousand school districts in 19 the state? How many? Seven hundred school 20 districts. And, you know, except for the city 21 school districts, 695 of them are going to get 22 a blank check. They can decide let's have 23 solid-gold goal posts on the football field. 24 Heck, some people in Albany are going to pay 25 for it.

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(518) 371-8910 1 Who will pay for it? The state's 2 general taxpayers will pay for it. And we all 3 know that New York City taxpayers send a 4 dollar to Albany and get back $.60. So this 5 is a huge transfer of wealth from one part of 6 the state to another. 7 And I just think it's fiscally 8 totally irresponsible. I think we ought to 9 have a real plan for real property tax relief. 10 We ought to have a real plan for funding 11 education in this state. But we have to have 12 the fundamental principle of accountability. 13 You cannot leave the decision of how much to 14 spend to someone who doesn't have to write the 15 check. You can't say go ahead and decide how 16 much to spend, we'll fill in the amount when 17 you tell us how much you want -- not how much 18 you need, not what standards are applied. 19 So this bill is, perhaps as some 20 members on the other side of the aisle have 21 said, a statement about school taxes, real 22 property -- residential real property taxes. 23 But it's nothing more than that, a statement. 24 It's not a solution, it's not a plan, it's not 25 an answer. It's a blank check.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Senator Connor, I assume you're recorded in 3 the negative. 4 SENATOR CONNOR: In the negative. 5 ACTING PRESIDENT MARCELLINO: You 6 will be recorded in the negative. 7 Senator Little, to explain her 8 vote. 9 SENATOR LITTLE: Thank you. 10 Thank you, Mr. President. 11 I'm very proud to be part of this 12 Senate conference and to join my colleagues in 13 voting for this bill. 14 There are many ideas that have been 15 generated by our conference that have become 16 law, and some of them have taken several 17 years. Just last night we passed three that 18 have taken a number of years to actually make 19 them materialize and be enacted into law. And 20 we've seen them happen frequently. 21 Property tax is an enormous issue 22 in my district and throughout the state. I 23 think this bill is one idea to put forward. 24 We have to do something. 25 A second idea that we have passed

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(518) 371-8910 1 earlier today is a bill that I'm sponsoring 2 that creates a blue-ribbon commission of 3 experts -- bipartisan; we have a bill in the 4 Assembly sponsored by Assemblywoman Galef that 5 would do the same thing -- that would look at 6 this and see what is the answer, how can we 7 protect this property tax situation and the 8 system that we have in New York State. 9 This is one measure to put on the 10 table, and it certainly is something to be 11 debated and to work on and to help have 12 happen. 13 So I vote aye on this. Thank you. 14 ACTING PRESIDENT MARCELLINO: 15 Thank you, Senator Little. You will be 16 recorded in the affirmative. 17 Senator Schneiderman, to explain 18 his vote. 19 SENATOR SCHNEIDERMAN: Thank you, 20 Mr. President. 21 I have to concur with Senator 22 Connor, Senator Krueger and others -- Senator 23 Stavisky -- that this is really are remarkably 24 bad bill. And I just -- I must say I realize 25 you want to make a statement that -- we all

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(518) 371-8910 1 want to reduce property taxes. 2 If this was a bill to say we are 3 going to replace the system of school funding 4 with a completely new system, get property 5 taxes out of it, that would be one thing. 6 That's not what this is. 7 This exempts a certain category of 8 property from property taxes. Doesn't deal 9 with farmers, doesn't deal with businesses. 10 Their property taxes will presumably be going 11 up because they're now stuck covering every 12 increase. 13 And, as Senator Connor pointed out, 14 maintains the provisions of law that have 15 school districts voting for how high their 16 budgets should be but provides that the state 17 will pay for. You have a third-party payer. 18 This is not the way to make a 19 statement that we want to bring property taxes 20 down, ladies and gentlemen, I'm sorry. 21 And other parts of the bill I quite 22 frankly find incomprehensible. One part of it 23 eliminates residential taxes for everyone 24 while another part freezes rates for those 25 over 70 years old. So I'm not sure what that

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(518) 371-8910 1 does. There's apparently an effort to deal 2 with the Big Five school districts and replace 3 their local share, but those aren't tied to -- 4 that is not tied to property tax. 5 So as Senator Krueger said, you 6 shouldn't be drafting bills in complicated 7 areas of law in four days. We need something 8 better, even if you just want to use it to 9 make a statement, ladies and gentlemen. 10 I will be voting in the negative. 11 Thank you. 12 ACTING PRESIDENT MARCELLINO: 13 Thank you, Senator Schneiderman. You will be 14 recorded in the negative. 15 Announce the results, please. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 2098 are 18 Senators Andrews, Connor, Dilan, Duane, 19 Gonzalez, L. Krueger, Onorato, Parker, 20 Paterson, Sabini, Savino, Schneiderman, 21 A. Smith and Stavisky. Also Senator Serrano. 22 Ayes, 44. Nays, 15. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 The Secretary will continue to

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(518) 371-8910 1 read. 2 Senator Skelos. 3 SENATOR SKELOS: There will be an 4 immediate meeting of the Racing, Gaming and 5 Wagering Committee in the Majority Conference 6 Room. 7 ACTING PRESIDENT MARCELLINO: 8 There will be an immediate meeting of the 9 Racing, Gaming and Wagering Committee in the 10 Majority Conference Room. 11 SENATOR SKELOS: And, 12 Mr. President, can we stand at ease. 13 ACTING PRESIDENT MARCELLINO: The 14 Senate will stand at ease. 15 (Whereupon, the Senate stood at 16 ease at 4:22 p.m.) 17 (Whereupon, the Senate reconvened 18 at 4:38 p.m.) 19 ACTING PRESIDENT MARCELLINO: 20 Senator Libous. 21 SENATOR LIBOUS: Mr. President, 22 we'd like to take up the noncontroversial 23 calendar, Number 2101. 24 ACTING PRESIDENT MARCELLINO: The 25 Secretary will read Calendar Number 2101.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2101, by Senator Golden, Senate Print 8365A, 3 an act to amend the Education Law. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of July. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MARCELLINO: 12 Ladies and gentlemen, if we can have some 13 order in the house so that we can get our work 14 done. We have a couple of bills to do. 15 They're supposed to go noncontroversial. Let 16 us get the work done. 17 If everybody will take their seats. 18 Take the conversations out of the room, 19 please, so that we can do this. Otherwise 20 we're going to have confusion. 21 If you want to record a vote of no, 22 please do so. If you want to explain your 23 vote, indicate to the chair; we will do that. 24 But let's have some order. Thank you. 25 Senator Oppenheimer, to explain her

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(518) 371-8910 1 vote. 2 SENATOR OPPENHEIMER: I think 3 this sets a bad precedent. And this bill is 4 going to just increase costs. It's not going 5 to generate any savings. It just doesn't make 6 a lot of sense to me. 7 I'll be voting no. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Oppenheimer will be recorded in the 10 negative. 11 Senator Hassell-Thompson, why do 12 you rise? 13 SENATOR HASSELL-THOMPSON: Yes, 14 just to explain my vote. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Hassell-Thompson, to explain her vote. 17 SENATOR HASSELL-THOMPSON: Thank 18 you, Mr. President. 19 The only point of debate for me 20 with this bill is that this will be very 21 difficult -- I perceive that this bill will be 22 very difficult to administer. The only way 23 that we can estimate the cost for 24 reimbursement would be to correlate with 25 attendance.

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(518) 371-8910 1 But the bill will increase costs 2 without generating any savings. If one 3 student on a bus with 30 others receives 4 1/30th of the transportation expense, the city 5 loses money. The bus driver, gas, and any 6 other aid costs are the same, whether there 7 are 29, 27, or 30 children on the bus. 8 Paying the parent to take one of 9 the students to school is a net loss to the 10 district. 11 I will be voting no. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Hassell-Thompson will be recorded in 14 the negative. 15 Senator Stavisky, why do you rise? 16 SENATOR STAVISKY: To explain my 17 vote. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Stavisky, to explain her vote. 20 SENATOR STAVISKY: I'm troubled 21 by this bill. I'm concerned that it might 22 raise property taxes, and I vote no. 23 ACTING PRESIDENT MARCELLINO: 24 Senator Stavisky will be recorded in the 25 negative.

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(518) 371-8910 1 Senator Schneiderman. 2 SENATOR SCHNEIDERMAN: Thank you, 3 Mr. President. 4 I am also going to be voting no on 5 this. I think that the difficulty once again 6 with this bill, as with some other bills we're 7 seeing in the waning hours of this session -- 8 what I hope are the waning hours of this 9 session -- is that there are efforts to 10 provide additional benefits or to pretend that 11 we're going to provide additional benefits to 12 homeowners or to parents without any provision 13 for reducing costs. 14 This is something that is opposed 15 by New York City and the New York City 16 Department of Education, for a very obvious 17 reason. It increases costs tremendously 18 without generating savings. And it is by 19 sharing all of the costs of transporting 20 students, having supervisors, that we're able 21 to keep costs as low as they are. 22 They're currently too high. I 23 appreciate the fact as the parent of a child 24 who has to get to and from school, that this 25 is a burden. But this is not the proper

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(518) 371-8910 1 approach to resolving this problem. 2 I will be joining my colleagues in 3 voting no, Mr. President. 4 ACTING PRESIDENT MARCELLINO: 5 Thank you, Senator Schneiderman. You will be 6 recorded in the negative. 7 Is there anyone else who wants to 8 explain their vote? 9 Please announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 2101 are 12 Senators Andrews, Coppola, Dilan, Duane, 13 Gonzalez, Onorato, Oppenheimer, Paterson, 14 Sabini, Schneiderman, Serrano, A. Smith, 15 Stachowski, Stavisky and Valesky. 16 Ayes, 44. Nays, 15. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 SENATOR LIBOUS: Mr. President. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Libous. 22 SENATOR LIBOUS: Can we take up 23 Calendar Number 2108, please. 24 ACTING PRESIDENT MARCELLINO: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2108, by Senator Bruno, Senate Print 8414, an 3 act to amend the State Finance Law. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section, please. 6 THE SECRETARY: Section 38. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 Senator Libous, that completes the 15 calendar. 16 SENATOR LIBOUS: Mr. President, 17 if you would just give us a second here, we're 18 trying to -- 19 ACTING PRESIDENT MARCELLINO: 20 Senator Libous, you can have two seconds. 21 SENATOR LIBOUS: Mr. President, 22 if you could recognize Senator Oppenheimer, 23 please. 24 ACTING PRESIDENT MARCELLINO: 25 Yes, I recognize her. She's right over there.

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(518) 371-8910 1 (Laughter.) 2 ACTING PRESIDENT MARCELLINO: 3 Senator Oppenheimer. 4 SENATOR OPPENHEIMER: Thank you. 5 Thank you, Mr. President. 6 I wish to call up my bill, Senate 7 Print Number 5304A, recalled from the 8 Assembly, which is now at the desk. 9 ACTING PRESIDENT MARCELLINO: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 140, by Senator Oppenheimer, Senate Print 13 5304A, an act to amend the Criminal Procedure 14 Law. 15 SENATOR OPPENHEIMER: Mr. 16 President, I now move to reconsider the vote 17 by which this bill was passed and ask that the 18 bill be restored to the order of third 19 reading. 20 ACTING PRESIDENT MARCELLINO: 21 Please call the roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT MARCELLINO: And 25 the bill will be reported to the Third Reading

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(518) 371-8910 1 Calendar. 2 Senator Oppenheimer. 3 SENATOR OPPENHEIMER: All right. 4 Mr. President, I now move to discharge, from 5 the Committee on Rules, Assembly Print Number 6 6715B and substitute it for my identical bill. 7 ACTING PRESIDENT MARCELLINO: The 8 substitution is ordered. 9 Senator Oppenheimer. 10 SENATOR OPPENHEIMER: The Senate 11 bill on first passage was voted unanimously. 12 I now move that the substituted Assembly bill 13 have its third reading at this time. 14 ACTING PRESIDENT MARCELLINO: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 140, substituted by Senator Oppenheimer, 18 sponsored by Member of the Assembly Latimer, 19 Assembly Print Number 6715B, an act to amend 20 the Criminal Procedure Law. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed once again. 6 SENATOR OPPENHEIMER: Thank you. 7 SENATOR LIBOUS: Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Libous. 10 SENATOR LIBOUS: Could we please 11 have the noncontroversial reading of 12 Supplemental Senate Calendar Number 61A. And 13 I believe that has been distributed on all the 14 members' desks. 15 ACTING PRESIDENT MARCELLINO: The 16 Secretary will read Supplemental Calendar 61A, 17 which should be on your desks. 18 Senator Krueger, why do you rise? 19 SENATOR LIZ KRUEGER: Thank you, 20 Mr. President. I'd just like to go on the 21 record that I was mistakenly out of the room 22 when the Calendar 2101, S8365A, was voted on. 23 Had I been here, I would have voted no. 24 Thank you, Mr. President. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 record will so indicate. 2 The Secretary will begin to read 3 Supplemental Calendar 61A, which is on 4 everybody's desk. 5 THE SECRETARY: Calendar Number 6 2115, by Senator Nozzolio, Senate Print 1969B, 7 an act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of April. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 2116, by Senator Nozzolio, Senate Print 1970B, 20 an act to amend the Vehicle and Traffic Law. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of April. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2117, by Senator Flanagan, Senate Print 2797A, 8 an act to amend the Mental Hygiene Law. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 8. This 12 act shall take effect on the 180th day. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 2118, by Senator Nozzolio, Senate Print 3767A, 22 an act to amend the Tax Law. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first day of the 2 sales tax quarterly period. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 2119, Senator Saland moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 9272 and substitute it 13 for the identical Senate Bill Number 4164, 14 Third Reading Calendar 2119. 15 ACTING PRESIDENT MARCELLINO: The 16 substitution is ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 2119, by Member of the Assembly Koon, Assembly 20 Print Number 9272, an act to amend the Penal 21 Law. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 Can we have some order in the house 9 so we don't have any confusion as to which 10 bill is up and who's supposed to vote for 11 what. 12 Thank you very much, people. 13 THE SECRETARY: Calendar Number 14 2120, by Senator Hannon, Senate Print 4331B, 15 an act to amend the Public Health Law. 16 ACTING PRESIDENT MARCELLINO: 17 Read the last section. 18 THE SECRETARY: Section 16. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 2121, Senator Golden moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 7189B and substitute it 5 for the identical Senate Bill Number 4456B, 6 Third Reading Calendar 2121. 7 ACTING PRESIDENT MARCELLINO: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 2121, by Member of the Assembly Abbate, 12 Assembly Print Number 7189B, an act to amend 13 the Public Authorities Law. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2122, Senator Libous moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 8670B and substitute it 3 for the identical Senate Bill Number 5525A, 4 Third Reading Calendar 2122. 5 ACTING PRESIDENT MARCELLINO: The 6 substitution is ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2122, by the Assembly Committee on Rules, 10 Assembly Print Number 8670B, an act to amend 11 the Vehicle and Traffic Law. 12 ACTING PRESIDENT MARCELLINO: 13 There is a home-rule message at the desk. 14 The Secretary will read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2123, Senator Spano moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 8988D and substitute it 3 for the identical Senate Bill Number 5987C, 4 Third Reading Calendar 2123. 5 ACTING PRESIDENT MARCELLINO: The 6 substitution is ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2123, by the Assembly Committee on Rules, 10 Assembly Print Number 8988D, an act to amend 11 the Mental Hygiene Law. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: In relation to 20 Calendar Number 2123: Ayes, 58. Nays, 1. 21 Senator Meier recorded in the negative. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2124, Senator Spano moves to

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(518) 371-8910 1 discharge, from the Committee on Finance, 2 Assembly Bill Number 1259 and substitute it 3 for the identical Senate Bill Number 6575, 4 Third Reading Calendar 2124. 5 ACTING PRESIDENT MARCELLINO: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2124, by Member of the Assembly John, Assembly 10 Print Number 1259, an act to amend the State 11 Finance Law. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 60th day. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. Nays, 20 1. Senator Duane recorded in the negative. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 2125, by Senator Johnson, Senate Print 6795A, 25 an act to amend the Environmental Conservation

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(518) 371-8910 1 Law. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. Nays, 10 1. Senator LaValle recorded in the negative. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 2126, Senator Flanagan moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 11245 and substitute it 17 for the identical Senate Bill Number 7184B, 18 Third Reading Calendar 2126. 19 ACTING PRESIDENT MARCELLINO: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 2126, by Member of the Assembly Englebright, 24 Assembly Print Number 11245, an act to amend 25 the Real Property Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 2127, by Senator Volker, Senate Print 7263, an 13 act to amend the Retirement and Social 14 Security Law. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2128, by Senator Farley, Senate Print 7425B, 2 an act establishing a demonstration program. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MARCELLINO: 11 Senator Valesky, to explain his vote. 12 SENATOR VALESKY: Thank you, 13 Mr. President. I'll be supporting this bill 14 and encouraging my colleagues to do the same. 15 Just to point out for the record 16 that I had advanced an amendment to an earlier 17 version of Senator Skelos's Medicaid fraud 18 bill that passed last night that would 19 encourage and allow all counties that are 20 interested in establishing demonstration 21 programs as a way to combat Medicaid fraud, 22 abuse and waste to in fact do so. 23 I am hopeful that as we look ahead 24 to next year and continue to find creative 25 ways to save money in our Medicaid program,

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(518) 371-8910 1 that we may revisit that issue in the future. 2 I vote aye, Mr. President. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Valesky will be recorded in the 5 affirmative. 6 Announce the results. 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2129, by Senator Maltese, Senate Print 7679, 12 an act to amend the Administrative Code of the 13 City of New York. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2130, Senator Bruno moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 8955A and substitute it 3 for the identical Senate Bill Number 7832, 4 Third Reading Calendar 2130. 5 ACTING PRESIDENT MARCELLINO: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2130, by the Assembly Committee on Rules, 10 Assembly Print Number 8955A, an act to amend 11 Chapter 103 of the Laws of 2004. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2131, Senator Marcellino moves 24 to discharge, from the Committee on Rules, 25 Assembly Bill Number 10621A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 7961, 2 Third Reading Calendar 2131. 3 ACTING PRESIDENT MARCELLINO: The 4 substitution is ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2131, by Member of the Assembly Colton, 8 Assembly Print Number 10621A, an act to amend 9 the Environmental Conservation Law. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the first of January. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 2132, Senator Larkin moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 11001 and substitute it 24 for the identical Senate Bill Number 8034, 25 Third Reading Calendar 2132.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 substitution is ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 2132, by Member of the Assembly Cahill, 6 Assembly Print Number 11001, an act to amend 7 the Navigation Law. 8 ACTING PRESIDENT MARCELLINO: 9 There is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 2133, Senator Hannon moves to 21 discharge, from the Committee on Health, 22 Assembly Bill Number 10140 and substitute it 23 for the identical Senate Bill Number 8067, 24 Third Reading Calendar 2133. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 2133, by Member of the Assembly Gottfried, 5 Assembly Print Number 10140, an act to amend 6 Chapter 884 of the Laws of 1990. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 2134, Senator Little moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 11614 and substitute it 21 for the identical Senate Bill Number 8074, 22 Third Reading Calendar 2134. 23 ACTING PRESIDENT MARCELLINO: The 24 substitution is ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2134, by Member of the Assembly DiNapoli, 3 Assembly Print Number 11614, Concurrent 4 resolution of the Senate and Assembly 5 proposing an amendment to Section 1 of Article 6 14 of the Constitution. 7 ACTING PRESIDENT MARCELLINO: The 8 Secretary will call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT MARCELLINO: The 12 resolution is adopted. 13 THE SECRETARY: In relation to 14 Calendar Number 2135, Senator Spano moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 11666 and substitute it 17 for the identical Senate Bill Number 8082, 18 Third Reading Calendar 2135. 19 ACTING PRESIDENT MARCELLINO: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 2135, by Member of the Assembly Paulin, 24 Assembly Print Number 11666, an act to amend 25 the Public Health Law.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 2136, Senator Klein moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 11774 and substitute it 15 for the identical Senate Bill Number 8137, 16 Third Reading Calendar 2136. 17 ACTING PRESIDENT MARCELLINO: The 18 substitution is ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 2136, by the Assembly Committee on Rules, 22 Assembly Print Number 11774, an act to amend 23 the Vehicle and Traffic Law. 24 ACTING PRESIDENT MARCELLINO: 25 There is a home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 2137, Senator Alesi moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 11806 and substitute it 14 for the identical Senate Bill Number 8180, 15 Third Reading Calendar 2137. 16 ACTING PRESIDENT MARCELLINO: The 17 substitution is ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2137, by the Assembly Committee on Rules, 21 Assembly Print Number 11806, an act 22 authorizing the Commissioner of Health. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 2138, Senator Bonacic moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 3995 and substitute it 12 for the identical Senate Bill Number 8281, 13 Third Reading Calendar 2138. 14 ACTING PRESIDENT MARCELLINO: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 2138, by Member of the Assembly Cahill, 19 Assembly Print Number 3995, an act to amend 20 the Vehicle and Traffic Law. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 60th day. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2139, by Senator Balboni, Senate Print 8294, 8 an act to amend the Military Law and the State 9 Finance Law. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 2140, Senator Morahan moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 11866A and substitute it 24 for the identical Senate Bill Number 8308A, 25 Third Reading Calendar 2140.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 substitution is ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 2140, by the Assembly Committee on Rules, 6 Assembly Print Number 11866A, an act in 7 relation to school aid payments. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 2141, by the Senate Committee on Rules, Senate 20 Print Number 8402, an act to amend the Real 21 Property Tax Law. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2142, by Senator LaValle, Senate Print 8405, 9 an act to amend the Environmental Conservation 10 Law and others. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 Senator Bruno, that completes the 22 calendar, Supplemental 61A. 23 Senator Bruno, why do you rise? 24 SENATOR BRUNO: Mr. President, 25 greetings.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Greetings, sir. 3 SENATOR BRUNO: We are going 4 to -- listen, please. 5 Tom, thank you. 6 ACTING PRESIDENT MARCELLINO: 7 Come on, guys. 8 SENATOR BRUNO: We're all trying 9 to do the people's business as best we can 10 under very challenging and difficult 11 circumstances, but we are going to -- so don't 12 anybody move, please -- recess for a little 13 while and then, in the meantime, call a Rules 14 Committee meeting in Room 332. 15 But the recess will give us an 16 opportunity to take a break and join Senator 17 Marchi and his lovely wife, Maria Luisa, out 18 here, where I believe the Governor is going to 19 come by and the Speaker is going to come by, 20 and both houses, with members, in a little 21 open house honoring Senator Marchi's -- which 22 may be the last day of regular session -- that 23 he, as the longest serving legislator in the 24 whole United States, will be attending. 25 Now, we may be back later, and

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(518) 371-8910 1 Senator Marchi will be back if we are. But 2 officially we're supposed to be closing on 3 June 22nd. 4 So we've laid out some good things 5 to eat, there are some good things to drink, 6 and there is great company and the Senator and 7 his wife. 8 So we would like the Rules 9 Committee, we would like to recess. We would 10 like for you not to go too far, because it's 11 right outside the door. And hopefully some of 12 your colleagues will make it a pass-through 13 from the Assembly. 14 So this is togetherness and love 15 and peace in the greatest tradition of Senator 16 John Marchi, the most distinguished legislator 17 in the whole country. 18 (Standing ovation.) 19 ACTING PRESIDENT MARCELLINO: On 20 that note, there will be a meeting of the 21 Rules Committee in Room 332. 22 The Senate will be at ease. Let's 23 enjoy. 24 (Whereupon, the Senate stood at 25 ease at 5:20 p.m.)

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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 5:57 p.m.) 3 SENATOR BALBONI: Mr. President. 4 ACTING PRESIDENT FUSCHILLO: 5 Senator Balboni. 6 SENATOR BALBONI: Can we please 7 return to reports of standing committees. I 8 believe there is a Rules report at the desk. 9 ACTING PRESIDENT FUSCHILLO: 10 Reports of standing committees. 11 The Secretary will read. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bills: 15 Senate Print 126A, by Senator 16 Seward, an act relating to the Department of 17 Health; 18 1072B, by Senator Alesi, an act to 19 amend the Volunteer Firefighters Benefit Law; 20 2790B, by Senator Flanagan, an act 21 to amend the Tax Law; 22 3518C, by Senator Morahan, an act 23 to amend the Retirement and Social Security 24 Law; 25 3531A, by Senator Winner, an act to

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(518) 371-8910 1 amend the Workers' Compensation Law; 2 4605A, by Senator Wright, an act to 3 amend the Public Service Law; 4 4927A, by Senator Hannon, an act to 5 amend the Public Health Law; 6 6742, by Senator Padavan, an act to 7 amend Chapter 548 of the Laws of 2004; 8 7458A, by Senator Hannon, an act to 9 amend the Public Health Law; 10 7642, by Senator Meier, an act to 11 amend the Social Services Law; 12 7691A, by Senator Padavan, an act 13 to amend the Family Court Act; 14 7979, by Senator Seward, an act 15 relating to increasing availability; 16 7992, by Senator Libous, an act to 17 amend the Highway Law; 18 8072A, by Senator Maziarz, an act 19 to amend the Labor Law; 20 8110, by Senator Leibell, an act to 21 amend the Public Authorities Law; 22 8173, by Senator Morahan, an act to 23 amend the Mental Hygiene Law; 24 8194, by Senator Golden, an act to 25 amend the Social Services Law;

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(518) 371-8910 1 8195, by Senator Farley, an act to 2 amend the New York State Urban Development 3 Corporation Act; 4 8210, by Senator Maltese, an act to 5 amend the Public Health Law; 6 8227A, by Senator Hannon, an act to 7 amend the Public Health Law; 8 8291A, by Senator Fuschillo, an act 9 to amend the Environmental Conservation Law; 10 8306, by Senator Breslin, an act to 11 amend the Highway Law; 12 8316, by Senator Wright, an act to 13 amend the Public Authorities Law; 14 8320, by Senator Balboni, an act to 15 amend the Real Property Tax Law; 16 8326A, by Senator Morahan, an act 17 in relation to the determination; 18 8335, by the Senate Committee on 19 Rules, an act to amend Chapter 444 of the Laws 20 of 1997; 21 8350A, by Senator Golden, an act to 22 amend the Urban Development Corporation Act; 23 8373, by Senator Fuschillo, an act 24 to amend the General Business Law; 25 8374, by Senator Skelos, an act to

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(518) 371-8910 1 amend the Public Authorities Law; 2 8375, by Senator Winner, an act to 3 authorize; 4 8394, by Senator Maziarz, an act to 5 amend the Public Authorities Law; 6 8399, by the Senate Committee on 7 Rules, an act to amend the General Municipal 8 Law; 9 8400, by Senator Golden, an act to 10 amend the Vehicle and Traffic Law; 11 8422, by Senator Leibell, an act to 12 amend the Education Law; 13 8426, by Senator Leibell, an act to 14 amend the Public Authorities Law; 15 8428, by Senator Golden, an act to 16 amend the Administrative Code of the City of 17 New York; 18 8430, by Senator Volker, an act to 19 amend the Military Law; 20 8431, by Senator Saland, an act to 21 amend the Penal Law; 22 8436, by Senator Little, an act to 23 amend the Criminal Procedure Law; 24 8453, by Senator Padavan, an act to 25 authorize;

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(518) 371-8910 1 8454, by Senator Balboni, an act to 2 amend the Public Authorities Law; 3 8456, by Senator Maziarz, an act to 4 amend Chapter 62 of the Laws of 2003; 5 And Senate Print 8457, by Senator 6 Skelos, an act to amend the Correction Law and 7 the Executive Law. 8 All bills ordered direct to third 9 reading. 10 ACTING PRESIDENT FUSCHILLO: 11 Senator Balboni. 12 SENATOR BALBONI: Madam 13 President, I move to accept the report of the 14 Rules Committee. 15 ACTING PRESIDENT FUSCHILLO: 16 Madam President? Mr. President. 17 SENATOR BALBONI: Did I say Madam 18 President? I'm sorry. Your hair looks great. 19 (Laughter.) 20 ACTING PRESIDENT FUSCHILLO: All 21 in favor of accepting the report of the Rules 22 Committee signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT FUSCHILLO: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT FUSCHILLO: The 3 report is accepted. 4 SENATOR BALBONI: Mr. President. 5 ACTING PRESIDENT FUSCHILLO: 6 Senator Balboni. 7 SENATOR BALBONI: For the 8 edification of the members, this is what we're 9 going to be doing now. We're going to be 10 taking up the supplemental active list. These 11 bills are not on the floor as a result of a 12 Rules Committee meeting. This is off the main 13 calendar and should be on your desks. 14 And this will done in a 15 noncontroversial fashion, hopefully. 16 Mr. President. 17 ACTING PRESIDENT FUSCHILLO: 18 Senator Balboni. 19 SENATOR BALBONI: As we prepare 20 the chamber for the consideration of the 21 supplemental active list, why don't we return 22 to reports of standing committees. 23 And I believe there is a report of 24 the Finance Committee at the desk with one 25 nomination on it.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: 2 Reports of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Johnson, 5 from the Committee on Finance, reports the 6 following nomination. 7 As a member of the Public Service 8 Commission, Robert E. Curry, Jr., Esquire, of 9 Lattingtown. 10 ACTING PRESIDENT FUSCHILLO: 11 Senator Johnson. 12 SENATOR JOHNSON: I'd like to 13 move that nomination. 14 ACTING PRESIDENT FUSCHILLO: The 15 question is on the nomination of Robert E. 16 Curry, Jr., of Lattingtown, as a member of the 17 Public Service Commission. All in favor 18 signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT FUSCHILLO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT FUSCHILLO: 24 Robert E. Curry is hereby confirmed as a 25 member of the Public Service Commission.

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(518) 371-8910 1 Mr. Curry. 2 (Applause.) 3 ACTING PRESIDENT FUSCHILLO: 4 Mr. Curry is here with his son, Robert. 5 Congratulations. 6 Senator Balboni. 7 SENATOR BALBONI: Mr. President, 8 I believe that we are ready now to take up the 9 supplemental active list, beginning with 10 Calendar Number 175, by Senator Alesi. 11 ACTING PRESIDENT FUSCHILLO: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 175, by Senator Alesi, Senate Print 6365A, an 15 act to amend the Public Health Law. 16 SENATOR BALBONI: Mr. President. 17 ACTING PRESIDENT FUSCHILLO: 18 Senator Balboni. 19 SENATOR BALBONI: Is there a 20 message of necessity at the desk? 21 ACTING PRESIDENT FUSCHILLO: Yes, 22 there is. 23 SENATOR BALBONI: I move to 24 accept the message of necessity. 25 ACTING PRESIDENT FUSCHILLO: All

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(518) 371-8910 1 in favor of accepting the message of necessity 2 signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT FUSCHILLO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT FUSCHILLO: The 8 ayes have it. The message is accepted. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FUSCHILLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT FUSCHILLO: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 318, Senator Volker moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 11864 and substitute it 22 for the identical Senate Bill Number 2742A, 23 Third Reading Calendar 318. 24 ACTING PRESIDENT FUSCHILLO: 25 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 318, by the Assembly Committee on Rules, 4 Assembly Print Number 11864, an act to amend 5 the Penal Law. 6 ACTING PRESIDENT FUSCHILLO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FUSCHILLO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT FUSCHILLO: 14 Senator Serrano, why do you rise? 15 SENATOR SERRANO: To explain my 16 vote. 17 ACTING PRESIDENT FUSCHILLO: 18 Senator Serrano, to explain his vote. 19 SENATOR SERRANO: I will be 20 voting against this bill. 21 And I hope my colleagues have the 22 opportunity to take a long, hard look at the 23 language of this bill. This is a very 24 dangerous piece of legislation it would lower 25 the age requirement for a youngster to use a

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(518) 371-8910 1 pistol to 14 years old. 2 Now, there's no reason why a 3 14-year-old child should be anywhere near a 4 gun. And this is just going to teach them the 5 so-called sport of violence and how to use a 6 gun, and it is a very, very dangerous 7 situation. 8 And I hope that all of my 9 colleagues here on both sides of the aisle 10 take a long, hard look at this bill. I will 11 be voting no. 12 Thank you. 13 ACTING PRESIDENT FUSCHILLO: 14 Senator Serrano, you will be recorded in the 15 negative. 16 Senator Schneiderman. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Mr. President. To explain my vote. 19 I also will be voting in the 20 negative, although I do think that young 21 people being trained in how to shoot is not 22 necessarily a bad thing. I shot long guns 23 when I was a kid. I didn't carry one around 24 with me. 25 But I think that this reinforces --

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(518) 371-8910 1 the fact that we're able to do this bill 2 reinforces my concern that we're ending this 3 session, once again, with the Assembly having 4 passed a whole series of enforceable, 5 reasonable restrictions on the sale of illegal 6 firearms and on the dealers who sell illegal 7 firearms or sell the guns that become illegal 8 firearms in the State of New York. 9 We really have to reassess the 10 attitude of this house. There was much made 11 at the end of last year that we were finally 12 getting tough on guns and gun crime. We have 13 failed to meet that standard this year. We 14 have failed to live up to that obligation this 15 year. 16 I'll be voting no on this, in the 17 hope that as we move forward we will be able 18 to address this critical issue. 19 Thank you, Mr. President. 20 ACTING PRESIDENT FUSCHILLO: 21 Announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 318 are 24 Senators Duane, L. Krueger, Schneiderman and 25 Serrano.

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(518) 371-8910 1 Ayes, 56. Nays, 4. 2 ACTING PRESIDENT FUSCHILLO: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 348, Senator Morahan moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 2895A and substitute it 8 for the identical Senate Bill Number 3653A, 9 Third Reading Calendar 348. 10 ACTING PRESIDENT FUSCHILLO: 11 Substitution ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 348, by Member of the Assembly Rivera, 15 Assembly Print Number 2895A, an act to amend 16 the Mental Hygiene Law. 17 ACTING PRESIDENT FUSCHILLO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FUSCHILLO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT FUSCHILLO: 25 Senator Morahan.

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(518) 371-8910 1 SENATOR MORAHAN: Mr. President, 2 I'd like to explain my vote. 3 ACTING PRESIDENT FUSCHILLO: 4 Senator Morahan, to explain his vote. 5 SENATOR MORAHAN: This bill is a 6 major movement in this house towards helping 7 to create an inventory of those New Yorkers 8 who have mental disease and are in need of 9 housing. 10 This bill has passed three years in 11 a row in the Assembly, but this year we're 12 going to join the Assembly and get this bill 13 into law. 14 What this bill will require is 15 counties every month reporting what the need 16 is out there for either subsidized housing, 17 supplemental housing, group homes or whatever 18 it may be. And until this time, we have never 19 had a real inventory as to exactly what that 20 need is. This bill will service that need. 21 As we go forward in the future, 22 we're going to have to address that need and 23 see if we can meet the needs of New Yorkers 24 that have mental disease of one form or 25 another and are in dire need of some shelter.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT FUSCHILLO: 3 Announce the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT FUSCHILLO: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 386, Senator Nozzolio moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 2122 and substitute it 11 for the identical Senate Bill Number 4493, 12 Third Reading Calendar 386. 13 ACTING PRESIDENT FUSCHILLO: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 386, by Member of the Assembly Morelle, 18 Assembly Print Number 2122, an act to amend 19 the General Business Law. 20 ACTING PRESIDENT FUSCHILLO: Read 21 the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect on the 60th day. 24 ACTING PRESIDENT FUSCHILLO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT FUSCHILLO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 423, by Senator Young, Senate Print 6265A, an 7 act to amend the Private Housing Finance Law. 8 ACTING PRESIDENT FUSCHILLO: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FUSCHILLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT FUSCHILLO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 691, by Senator Golden, Senate Print 4502A, an 20 act to amend the Alcoholic Beverage Control 21 Law. 22 ACTING PRESIDENT FUSCHILLO: 23 Senator Balboni. 24 SENATOR BALBONI: Mr. President, 25 I believe there's a message of necessity at

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(518) 371-8910 1 the desk. 2 ACTING PRESIDENT FUSCHILLO: Yes, 3 there is. 4 SENATOR BALBONI: I move that we 5 accept the message. 6 ACTING PRESIDENT FUSCHILLO: All 7 in favor of accepting the message of necessity 8 please signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT FUSCHILLO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT FUSCHILLO: The 14 ayes have it. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FUSCHILLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT FUSCHILLO: The 24 bill is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 912, Senator DeFrancisco moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 10619B and substitute it 4 for the identical Senate Bill Number 7233A, 5 Third Reading Calendar 912. 6 ACTING PRESIDENT FUSCHILLO: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 912, by Member of the Assembly Magnarelli, 11 Assembly Print Number 10619B, an act to amend 12 the Penal Law. 13 ACTING PRESIDENT FUSCHILLO: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the first of 17 November. 18 ACTING PRESIDENT FUSCHILLO: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT FUSCHILLO: 22 Senator DeFrancisco, to explain your vote. 23 SENATOR DeFRANCISCO: Thank you, 24 Mr. President. 25 This bill is entitled the

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(518) 371-8910 1 Bill Leaf-Brandi Woods bill. Earlier in the 2 year we had a news conference about this bill. 3 And basically what this bill resulted from was 4 two unfortunate deaths, one a reporter from 5 WSYR News who was killed by the drunk driver 6 going the wrong way on a major thoroughfare in 7 Onondaga County, and another the death of a 8 young 11-year-old Girl Scout who was 9 delivering her Girl Scout cookies, by a drunk 10 driver. 11 The reason for this bill is each of 12 those defendants, or those charged, were 13 convicted of prior DWIs. And what this bill 14 does is it increases penalties for individuals 15 who have prior DWIs that cause serious 16 physical injury or death. So that there's 17 serious punishment for the repeat DWI 18 offender. 19 It's an important bill, and I urge 20 the support of everyone. And I vote aye. 21 ACTING PRESIDENT FUSCHILLO: 22 Senator DeFrancisco will be recorded in the 23 affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 924, by Senator Balboni, Senate Print 7682A, 5 an act to amend the Executive Law. 6 ACTING PRESIDENT FUSCHILLO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect one year after it shall 10 have become a law. 11 ACTING PRESIDENT FUSCHILLO: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT FUSCHILLO: 15 Senator Balboni, why do you rise? 16 SENATOR BALBONI: Mr. President, 17 I'd like to explain my vote. 18 This particular bill is a 19 significant bill because what this does, it 20 creates, for the first time in New York State 21 history, a uniform identification card for 22 firefighters. 23 Now, it may not sound like it's so 24 important, but the impact of this is that 25 everybody who is a volunteer firefighter or a

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(518) 371-8910 1 professional firefighter will be able to go to 2 any scene across the state and be able to 3 assist because of this card. 4 This recommendation came out of the 5 George Washington University Homeland Security 6 Policy Institute, and we are the first state 7 in the nation to take this up. Once again, 8 New York State leading the way. 9 I vote aye, Mr. President. Thank 10 you. 11 ACTING PRESIDENT FUSCHILLO: 12 Senator Balboni will be recorded in the 13 negative. 14 Announce the results. 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT FUSCHILLO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 946, by Senator Farley, Senate Print 6683B, an 20 act to amend the Tax Law. 21 ACTING PRESIDENT FUSCHILLO: Read 22 the last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 ACTING PRESIDENT FUSCHILLO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT FUSCHILLO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 948, Senator Bruno moves to 8 discharge, from the Committee on 9 Investigations and Government Operations, 10 Assembly Bill Number 10654A and substitute it 11 for the identical Senate Bill Number 7194A, 12 Third Reading Calendar 948. 13 ACTING PRESIDENT FUSCHILLO: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 948, by the Assembly Committee on Rules, 18 Assembly Print Number 10654A, an act to amend 19 the Tax Law. 20 ACTING PRESIDENT FUSCHILLO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first day of the 24 month next succeeding. 25 ACTING PRESIDENT FUSCHILLO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. Nays, 4 1. Senator Valesky recorded in the negative. 5 ACTING PRESIDENT FUSCHILLO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 997, by Senator Wright, Senate Print 3249D, an 9 act to amend the General Business Law. 10 SENATOR BALBONI: Mr. President. 11 ACTING PRESIDENT FUSCHILLO: 12 Senator Balboni. 13 SENATOR BALBONI: I believe there 14 is a message of necessity at the desk. 15 ACTING PRESIDENT FUSCHILLO: Yes, 16 there is. 17 SENATOR BALBONI: I move to 18 accept the message. 19 ACTING PRESIDENT FUSCHILLO: All 20 in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT FUSCHILLO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT FUSCHILLO: The

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(518) 371-8910 1 message is accepted. 2 The Secretary will read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT FUSCHILLO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT FUSCHILLO: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1013, Senator Seward moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 11129 and substitute it 16 for the identical Senate Bill Number 7158A, 17 Third Reading Calendar 1013. 18 ACTING PRESIDENT FUSCHILLO: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1013, by Member of the Assembly Latimer, 23 Assembly Print Number 11129, an act to amend 24 the Insurance Law. 25 ACTING PRESIDENT FUSCHILLO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FUSCHILLO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT FUSCHILLO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1023, Senator Young moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 10624A and substitute it 14 for the identical Senate Bill Number 7785, 15 Third Reading Calendar 1023. 16 ACTING PRESIDENT FUSCHILLO: 17 Substitution ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1023, by Member of the Assembly Magee, 21 Assembly Print Number 10624A, an act to amend 22 the Agriculture and Markets Law. 23 ACTING PRESIDENT FUSCHILLO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT FUSCHILLO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT FUSCHILLO: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1063, Senator Nozzolio moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 9911A and substitute it 12 for the identical Senate Bill Number 6647A, 13 Third Reading Calendar 1063. 14 ACTING PRESIDENT FUSCHILLO: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1063, by Member of the Assembly Errigo, 19 Assembly Print Number 9911A, an act to amend 20 the Highway Law. 21 ACTING PRESIDENT FUSCHILLO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT FUSCHILLO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT FUSCHILLO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1068, Senator DeFrancisco 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 10369A and 10 substitute it for the identical Senate Bill 11 Number 7216A, Third Reading Calendar 1068. 12 ACTING PRESIDENT FUSCHILLO: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1068, by Member of the Assembly Magnarelli, 17 Assembly Print Number 10369A, an act to amend 18 the Vehicle and Traffic Law. 19 ACTING PRESIDENT FUSCHILLO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect November 1, 2006. 23 ACTING PRESIDENT FUSCHILLO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT FUSCHILLO: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1197, Senator Skelos moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 11167B and substitute it 9 for the identical Senate Bill Number 7452A, 10 Third Reading Calendar 1197. 11 ACTING PRESIDENT FUSCHILLO: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1197, by Member of the Assembly Morelle, 16 Assembly Print Number 11167B, an act to amend 17 the General Business Law. 18 ACTING PRESIDENT FUSCHILLO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT FUSCHILLO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT FUSCHILLO: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 1217, Senator DeFrancisco 6 moves to discharge, from the Committee on 7 Codes, Assembly Bill Number 8858A and 8 substitute it for the identical Senate Bill 9 Number 5682A, Third Reading Calendar 1217. 10 ACTING PRESIDENT FUSCHILLO: 11 Substitution ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1217, by the Assembly Committee on Rules, 15 Assembly Print Number 8858A, an act to amend 16 the Criminal Procedure Law. 17 ACTING PRESIDENT FUSCHILLO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FUSCHILLO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. Nays, 25 1. Senator Duane recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1226 -- 5 SENATOR BALBONI: Mr. President. 6 ACTING PRESIDENT FUSCHILLO: 7 Senator Balboni. 8 SENATOR BALBONI: Please have 9 that bill laid aside temporarily. 10 ACTING PRESIDENT FUSCHILLO: The 11 bill is laid aside temporarily. 12 SENATOR BALBONI: Thank you. 13 THE SECRETARY: In relation to 14 Calendar Number 1232, Senator Libous moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 10120C and substitute it 17 for the identical Senate Bill Number 7301A, 18 Third Reading Calendar 1232. 19 ACTING PRESIDENT FUSCHILLO: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1232, by Member of the Assembly Lupardo, 24 Assembly Print Number 10120C, an act to amend 25 the Environmental Conservation Law.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT FUSCHILLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT FUSCHILLO: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1233, Senator Libous moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 10757A and substitute it 15 for the identical Senate Bill Number 7307B, 16 Third Reading Calendar 1233. 17 ACTING PRESIDENT FUSCHILLO: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1233, by Member of the Assembly Lupardo, 22 Assembly Print Number 10757A, an act to amend 23 the Environmental Conservation Law. 24 ACTING PRESIDENT FUSCHILLO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FUSCHILLO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT FUSCHILLO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1266, by Senator Saland, Senate Print 7315A, 11 an act to amend the Family Court Act, the 12 Penal Law, and the Criminal Procedure Law. 13 ACTING PRESIDENT FUSCHILLO: Read 14 the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FUSCHILLO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT FUSCHILLO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1285, by Senator Libous, Senate Print 7511B, 25 an act to amend the Real Property Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FUSCHILLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT FUSCHILLO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1352, by Senator Skelos, Senate Print 7421B, 13 an act to amend the Public Health Law. 14 ACTING PRESIDENT FUSCHILLO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect September 1, 2007. 18 ACTING PRESIDENT FUSCHILLO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT FUSCHILLO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1357, by Senator Morahan, Senate Print 243C,

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(518) 371-8910 1 an act to amend the Tax Law. 2 ACTING PRESIDENT FUSCHILLO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of a 6 sales tax quarterly period. 7 ACTING PRESIDENT FUSCHILLO: We 8 have a local fiscal impact note at the desk. 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT FUSCHILLO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1429, by Senator Balboni, Senate Print 4495B, 16 an act to amend the Executive Law and the 17 General Business Law. 18 ACTING PRESIDENT FUSCHILLO: Read 19 the last section. 20 THE SECRETARY: Section 6. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT FUSCHILLO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1652, Senator Fuschillo moves 5 to discharge, from the Committee on Rules, 6 Assembly Bill Number 10920A and substitute it 7 for the identical Senate Bill Number 8019A, 8 Third Reading Calendar 1652. 9 ACTING PRESIDENT FUSCHILLO: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1652, by Member of the Assembly Hooper, 14 Assembly Print Number 10920A, an act to 15 authorize. 16 ACTING PRESIDENT FUSCHILLO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FUSCHILLO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1652 are 25 Senators Bonacic, Larkin and Rath.

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(518) 371-8910 1 Ayes, 57. Nays, 3. 2 ACTING PRESIDENT FUSCHILLO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1767, by Senator Wright, Senate Print 8100A, 6 an act to authorize the conveyance of certain 7 real property. 8 ACTING PRESIDENT FUSCHILLO: 9 Senator Balboni, why do you rise? 10 SENATOR BALBONI: Mr. President, 11 I believe there's a message of necessity at 12 the desk. 13 ACTING PRESIDENT FUSCHILLO: Yes, 14 there is. 15 SENATOR BALBONI: I move that we 16 accept the message. 17 ACTING PRESIDENT FUSCHILLO: All 18 in favor please signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT FUSCHILLO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT FUSCHILLO: The 24 message is accepted. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Section 7. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FUSCHILLO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT FUSCHILLO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1812, by Senator Padavan, Senate Print 7673, 11 an act to amend the Tax Law. 12 ACTING PRESIDENT FUSCHILLO: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the first day of a 16 sales tax quarterly period. 17 ACTING PRESIDENT FUSCHILLO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT FUSCHILLO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1909, Senator Skelos moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 11399C and substitute it 2 for the identical Senate Bill Number 7381C, 3 Third Reading Calendar 1909. 4 ACTING PRESIDENT FUSCHILLO: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1909, by Member of the Assembly Weisenberg, 9 Assembly Print Number 11399C, an act to amend 10 the Education Law. 11 ACTING PRESIDENT FUSCHILLO: Read 12 the last section. 13 THE SECRETARY: Section 9. This 14 act shall take effect on the first of July 15 next succeeding. 16 ACTING PRESIDENT FUSCHILLO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. Nays, 20 1. Senator Saland recorded in the negative. 21 ACTING PRESIDENT FUSCHILLO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1992, by Senator DeFrancisco, Senate Print 25 8239, an act to authorize.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: 2 Senator Balboni. 3 SENATOR BALBONI: Yes, 4 Mr. President. I believe there's a message of 5 necessity at the desk from the Governor. 6 ACTING PRESIDENT FUSCHILLO: Yes, 7 there is. 8 SENATOR BALBONI: I move that we 9 accept the message. 10 ACTING PRESIDENT FUSCHILLO: All 11 in favor signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT FUSCHILLO: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT FUSCHILLO: The 17 message is accepted. 18 The Secretary will read. 19 THE SECRETARY: Senate Print 20 Number 8239, an act to authorize the reopening 21 of the optional 20-year retirement plan. 22 ACTING PRESIDENT FUSCHILLO: 23 There is a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT FUSCHILLO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT FUSCHILLO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1993, by Senator Marcellino, Senate Print 10 8240, an act to amend the Agriculture and 11 Markets Law. 12 ACTING PRESIDENT FUSCHILLO: 13 Senator Balboni. 14 SENATOR BALBONI: Mr. President, 15 I believe there's a message of necessity at 16 the desk. 17 ACTING PRESIDENT FUSCHILLO: Yes, 18 there is. 19 SENATOR BALBONI: I move that we 20 accept the message. 21 ACTING PRESIDENT FUSCHILLO: All 22 in favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT FUSCHILLO: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT FUSCHILLO: The 3 message is accepted. 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of January 7 next succeeding. 8 ACTING PRESIDENT FUSCHILLO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT FUSCHILLO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1994, by Senator Padavan, Senate Print 8242, 16 an act to amend the Education Law. 17 ACTING PRESIDENT FUSCHILLO: 18 Senator Balboni. 19 SENATOR BALBONI: Mr. President, 20 I believe there is a message of necessity at 21 the desk. 22 ACTING PRESIDENT FUSCHILLO: Yes, 23 there is. 24 SENATOR BALBONI: I move that we 25 accept the message.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: All 2 in favor signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT FUSCHILLO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT FUSCHILLO: The 8 message is accepted. 9 Read the last section. 10 THE SECRETARY: Section 6. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FUSCHILLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT FUSCHILLO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1995, by Senator Fuschillo, Senate Print 8263, 20 an act to amend the Penal Law and the Criminal 21 Procedure Law. 22 ACTING PRESIDENT FUSCHILLO: 23 Senator Balboni. 24 SENATOR BALBONI: Mr. President, 25 I believe there is a message of necessity at

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(518) 371-8910 1 the desk. 2 ACTING PRESIDENT FUSCHILLO: Yes, 3 there is. 4 SENATOR BALBONI: I move that we 5 accept the message. 6 ACTING PRESIDENT FUSCHILLO: All 7 in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT FUSCHILLO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT FUSCHILLO: The 13 message is accepted. 14 Read the last section. 15 THE SECRETARY: Section 14. This 16 act shall take effect on the 90th day. 17 ACTING PRESIDENT FUSCHILLO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT FUSCHILLO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 2057, Senator Morahan moves to 25 discharge, from the Committee on Rules

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(518) 371-8910 1 Assembly Bill Number 9201B and substitute it 2 for the identical Senate Bill Number 6775B, 3 Third Reading Calendar 2057. 4 ACTING PRESIDENT FUSCHILLO: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2057, by Member of the Assembly Zebrowski, 9 Assembly Print Number 9201B, an act to amend 10 the Public Health Law. 11 ACTING PRESIDENT FUSCHILLO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FUSCHILLO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT FUSCHILLO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2077, by Senator Padavan, Senate Print 8392, 23 an act to amend the Tax Law and the Parks, 24 Recreation and Historic Preservation Law. 25 ACTING PRESIDENT FUSCHILLO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 6. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FUSCHILLO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT FUSCHILLO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 2086, Senator Hannon moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 4882B and substitute it 14 for the identical Senate Bill Number 5606A, 15 Third Reading Calendar 2086. 16 ACTING PRESIDENT FUSCHILLO: 17 Substitution ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2086, by Member of the Assembly Pretlow, 21 Assembly Print Number 4882B, an act to amend 22 the Public Health Law. 23 ACTING PRESIDENT FUSCHILLO: Read 24 the last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect one year after it shall 2 have become a law. 3 ACTING PRESIDENT FUSCHILLO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT FUSCHILLO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2112, by Senator Meier, Senate Print 8435, an 11 act to amend the Family Court Act and others. 12 ACTING PRESIDENT FUSCHILLO: 13 Senator Balboni. 14 SENATOR BALBONI: Mr. President, 15 I believe there is a message of necessity at 16 the desk. 17 ACTING PRESIDENT FUSCHILLO: Yes, 18 there is. 19 SENATOR BALBONI: I move that we 20 accept the message. 21 ACTING PRESIDENT FUSCHILLO: All 22 in favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT FUSCHILLO: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT FUSCHILLO: The 3 message is accepted. 4 Read the last section. 5 THE SECRETARY: Section 18. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FUSCHILLO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT FUSCHILLO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2113, by Senator Bruno, Senate Print 8438, an 15 act to authorizing the County of Saratoga. 16 ACTING PRESIDENT FUSCHILLO: 17 Senator Schneiderman. 18 SENATOR SCHNEIDERMAN: Yes, 19 Mr. President, I believe there's a message of 20 necessity at the desk. I'd like to ask that 21 the message be accepted. 22 ACTING PRESIDENT FUSCHILLO: Yes, 23 there is. 24 SENATOR SCHNEIDERMAN: All in 25 favor.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: Do 2 you move for the message to be -- 3 SENATOR SCHNEIDERMAN: I would 4 move that we accept the message. 5 ACTING PRESIDENT FUSCHILLO: 6 Okay. All in favor signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT FUSCHILLO: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT FUSCHILLO: The 12 message is accepted. 13 Read the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FUSCHILLO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT FUSCHILLO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2114, by Senator Golden, Senate Print 8442, an 24 act to amend the Tax Law. 25 ACTING PRESIDENT FUSCHILLO:

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(518) 371-8910 1 Senator Balboni. 2 SENATOR BALBONI: Mr. President, 3 obviously some of us in this chamber need a 4 reminder of how these things are done. 5 I believe there is a message of 6 necessity at the desk. 7 ACTING PRESIDENT FUSCHILLO: Yes, 8 there is, Senator. 9 SENATOR BALBONI: I move that we 10 accept the message of necessity. 11 ACTING PRESIDENT FUSCHILLO: All 12 in favor signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT FUSCHILLO: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT FUSCHILLO: The 18 message is accepted. 19 Read the last section. 20 THE SECRETARY: Section 8. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FUSCHILLO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: The 2 bill is passed. 3 Senator Balboni, that completes the 4 noncontroversial reading of the supplemental 5 calendar. 6 SENATOR BALBONI: Mr. President, 7 I'd like to go back to a bill on the 8 supplemental active list, the one we just did 9 that began with Calendar Number 175. 10 I'd like to go to Calendar Number 11 1226, by Senator Morahan. 12 ACTING PRESIDENT FUSCHILLO: This 13 will be the noncontroversial reading of 14 Calendar 1226. 15 The Secretary will read. 16 THE SECRETARY: In relation to 17 Calendar Number 1226, Senator Morahan moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 5972B and substitute it 20 for the identical Senate Bill Number 4103B, 21 Third Reading Calendar 1226. 22 ACTING PRESIDENT FUSCHILLO: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1226, by Member of the Assembly Rabbitt, 2 Assembly Print Number 5972B, an act to amend 3 the Greenwood Lake Protection Act. 4 ACTING PRESIDENT FUSCHILLO: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect upon the enactment into 8 law by the State of New Jersey. 9 ACTING PRESIDENT FUSCHILLO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT FUSCHILLO: The 14 bill is passed. 15 Senator Nozzolio, for a motion. 16 SENATOR NOZZOLIO: Thank you, 17 Mr. President. 18 I offer the following amendments on 19 behalf of Senator Hannon to Calendar Number 20 2163, Senate Print Number 8227A, and ask that 21 said bill retain its place on Third Reading 22 Calendar. 23 ACTING PRESIDENT FUSCHILLO: The 24 amendments are received, and the bill will 25 retain its place on the Third Reading

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(518) 371-8910 1 Calendar. 2 SENATOR BALBONI: Mr. President. 3 ACTING PRESIDENT FUSCHILLO: 4 Senator Balboni. 5 SENATOR BALBONI: We will now 6 take up Supplemental Calendar Number 61B, 7 which is on the members' desks, along with a 8 packet of bills which represents the bills 9 that were recently reported from the last 10 Rules Committee meeting. This will be taken 11 up in a noncontroversial manner. 12 ACTING PRESIDENT FUSCHILLO: The 13 Secretary will read the noncontroversial 14 reading of Supplemental Calendar 61B. 15 THE SECRETARY: In relation to 16 Calendar Number 2144, Senator Seward moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 829A and substitute it 19 for the identical Senate Bill Number 126A, 20 Third Reading Calendar 2144. 21 ACTING PRESIDENT FUSCHILLO: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2144, by Member of the Assembly Lifton,

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(518) 371-8910 1 Assembly Print Number 829A, an act relating to 2 the Department of Health approval. 3 ACTING PRESIDENT FUSCHILLO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FUSCHILLO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT FUSCHILLO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2145, by Senator Alesi, Senate Print 1072B, an 15 act to amend the Volunteer Firefighters 16 Benefit Law. 17 ACTING PRESIDENT FUSCHILLO: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FUSCHILLO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT FUSCHILLO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2146, by Senator Flanagan, Senate Print 2790B, 4 an act to amend the Tax Law. 5 ACTING PRESIDENT FUSCHILLO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first day of a 9 sales tax quarterly period. 10 ACTING PRESIDENT FUSCHILLO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT FUSCHILLO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2147, by Senator Morahan, Senate Print 3518C, 18 an act to amend the retirement and Social 19 Security Law. 20 ACTING PRESIDENT FUSCHILLO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT FUSCHILLO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT FUSCHILLO: The 4 bill is passed. 5 Senator Morahan, why do you rise? 6 SENATOR MORAHAN: To explain my 7 vote and to talk about the bill. 8 This was called a "Mommy bill." 9 These are women who years ago were teachers in 10 Tier 1 who left for reasons of family, to have 11 children and what have you, and when they 12 tried to reenter the system and come back as 13 teachers, they were put in different tiers. 14 This bill, which has been lobbied 15 for for several years, will now put those 16 people back into the original tier that they 17 were in when they first were employed and had 18 to leave for family reasons. 19 Good bill. Thank you. 20 ACTING PRESIDENT FUSCHILLO: 21 Thank you, Senator. 22 Announce the results. 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT FUSCHILLO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2148, by Senator Winner, Senate Print 3531A, 3 an act to amend the Workers' Compensation Law. 4 ACTING PRESIDENT FUSCHILLO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect January 1, 2007. 8 ACTING PRESIDENT FUSCHILLO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT FUSCHILLO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 2149, by Senator Wright, Senate Print 4605A, 16 an act to amend the Public Service Law. 17 ACTING PRESIDENT FUSCHILLO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT FUSCHILLO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT FUSCHILLO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 2150, Senator Hannon moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 8219A and substitute it 6 for the identical Senate Bill Number 4927A, 7 Third Reading Calendar 2150. 8 ACTING PRESIDENT FUSCHILLO: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 2150, by Member of the Assembly Tokasz, 13 Assembly Print Number 8219A, an act to amend 14 the Public Health Law. 15 ACTING PRESIDENT FUSCHILLO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FUSCHILLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT FUSCHILLO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2151, by Senator Padavan, Senate Print 6742, 2 an act to amend Chapter 548 of the Laws of 3 2004. 4 ACTING PRESIDENT FUSCHILLO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FUSCHILLO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT FUSCHILLO: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 2152, Senator Hannon moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 11162B and substitute it 18 for the identical Senate Bill Number 7458A, 19 Third Reading Calendar 2152. 20 ACTING PRESIDENT FUSCHILLO: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 2152, by Member of the Assembly Gottfried, 25 Assembly Print Number 11162B, an act to amend

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(518) 371-8910 1 the Public Health Law. 2 ACTING PRESIDENT FUSCHILLO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FUSCHILLO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT FUSCHILLO: The 11 bill is passed. 12 SENATOR MEIER: Mr. President. 13 ACTING PRESIDENT FUSCHILLO: 14 Senator Meier. 15 SENATOR MEIER: Would you place a 16 sponsor's star, please, on Calendar Number 17 2153, Senate Print 7642. 18 ACTING PRESIDENT FUSCHILLO: The 19 bill will be starred. 20 THE SECRETARY: Calendar Number 21 2154, by Senator Padavan, Senate Print 7691A, 22 an act to amend the Family Court Act and the 23 Criminal Procedure Law. 24 ACTING PRESIDENT FUSCHILLO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 10. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FUSCHILLO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT FUSCHILLO: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 2155, Senator Seward moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 11514 and substitute it 13 for the identical Senate Bill Number 7979, 14 Third Reading Calendar 2155. 15 ACTING PRESIDENT FUSCHILLO: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 2155, by Member of the Assembly Lifton, 20 Assembly Print Number 11514, an act relating 21 to increasing availability. 22 ACTING PRESIDENT FUSCHILLO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT FUSCHILLO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2156, by Senator Libous, Senate Print 7992, an 9 act to amend the Highway Law and the Vehicle 10 and Traffic Law. 11 ACTING PRESIDENT FUSCHILLO: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT FUSCHILLO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. Nays, 20 1. Senator Duane recorded in the negative. 21 ACTING PRESIDENT FUSCHILLO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 2157, by Senator Maziarz, Senate Print 8072A, 25 an act to amend the Labor Law.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT FUSCHILLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT FUSCHILLO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 2158, by Senator Leibell, Senate Print 8110, 13 an act to amend the Public Authorities Law. 14 ACTING PRESIDENT FUSCHILLO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FUSCHILLO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT FUSCHILLO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2159, Senator Morahan moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 11749 and substitute it 3 for the identical Senate Bill Number 8173, 4 Third Reading Calendar 2159. 5 ACTING PRESIDENT FUSCHILLO: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2159, by the Assembly Committee on Rules, 10 Assembly Print Number 11749, an act to amend 11 the Mental Hygiene Law. 12 ACTING PRESIDENT FUSCHILLO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of January. 16 ACTING PRESIDENT FUSCHILLO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT FUSCHILLO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2160, by Senator Golden, Senate Print 8194, an 24 act to amend the Social Services Law. 25 ACTING PRESIDENT FUSCHILLO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FUSCHILLO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT FUSCHILLO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2161, by Senator Farley, Senate Print 8195, an 12 act to amend the New York State Urban 13 Development Corporation Act. 14 ACTING PRESIDENT FUSCHILLO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FUSCHILLO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT FUSCHILLO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2162, Senator Maltese moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 11902 and substitute it 3 for the identical Senate Bill Number 8210, 4 Third Reading Calendar 2162. 5 ACTING PRESIDENT FUSCHILLO: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2162, by the Assembly Committee on Rules, 10 Assembly Print Number 11902, an act to amend 11 the Public Health Law. 12 ACTING PRESIDENT FUSCHILLO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FUSCHILLO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT FUSCHILLO: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2164, Senator Fuschillo moves 24 to discharge, from the Committee on Rules, 25 Assembly Bill Number 11933A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 8291A, 2 Third Reading Calendar 2164. 3 ACTING PRESIDENT FUSCHILLO: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2164, by the Assembly Committee on Rules, 8 Assembly Bill Number 11933A, an act to amend 9 the Environmental Conservation Law and the 10 Public Authorities Law. 11 ACTING PRESIDENT FUSCHILLO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FUSCHILLO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT FUSCHILLO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2166, by Senator Wright, Senate Print 8316, an 23 act to amend the Public Authorities Law. 24 ACTING PRESIDENT FUSCHILLO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FUSCHILLO: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT FUSCHILLO: 7 Senator Schneiderman. 8 SENATOR SCHNEIDERMAN: 9 Mr. President, to explain my vote. 10 ACTING PRESIDENT FUSCHILLO: 11 Senator Schneiderman, to explain his vote. 12 SENATOR SCHNEIDERMAN: I'm going 13 to be voting against this bill, because my 14 reading of it is that it essentially 15 authorizes an end to competitive bidding. It 16 takes away the requirement that NYPA comply 17 with state and local competitive bidding and 18 procurement requirements. 19 We have a lot of problems with NYPA 20 already. The Comptroller of the State of the 21 New York, Alan Hevesi, has been extremely 22 critical of their practices. And we're really 23 engaged in this sort of dance back and forth 24 where we're fighting for more openness and 25 transparency with regard to New York's

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(518) 371-8910 1 authorities and with regard, particularly, in 2 the area of energy. 3 And this really furthers the notion 4 and the perception that there's sort of a 5 shadow government out there. The authority 6 really is lacking funds, lacking transparency. 7 And I don't think we need to be passing a bill 8 to end the requirement that it comply with 9 competitive bidding and procurement 10 requirements. 11 So I will be voting in the 12 negative, Mr. President. 13 ACTING PRESIDENT FUSCHILLO: 14 Senator Schneiderman, you will be recorded in 15 the negative. 16 Senator Liz Krueger. 17 SENATOR LIZ KRUEGER: Thank you. 18 To explain my vote. 19 ACTING PRESIDENT FUSCHILLO: 20 Senator Krueger, to explain her vote. 21 SENATOR LIZ KRUEGER: I will also 22 be voting in the negative, and just for the 23 record want to add my concern with this bill 24 says that the New York Power Authority should 25 be taking on responsibility for the purchase

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(518) 371-8910 1 of electricity for state agencies. 2 Well, what we know is that 3 currently the Power for Jobs program is in a 4 situation where, when the analysis has been 5 done, the companies through Power for Jobs who 6 went out into the market and purchased for 7 themselves versus allowing the Power Authority 8 to buy for them, they did better. So the 9 Power Authority actually has a record of doing 10 worse in the market pricewise than individual 11 companies through Power for Jobs. 12 And so I don't think at this point 13 in history we should be encouraging others to 14 work through the New York Power Authority to 15 try to get better prices, because apparently 16 they're not actually very good at that. 17 I hope that in the near future we 18 will be improving the services available 19 through the New York Power Authority because 20 of continuing reforms and transparency. But I 21 also, because of the concerns raised feel, 22 that we should not move this bill at this 23 time. 24 I'll be voting no. Thank you, 25 Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: 2 Senator Krueger will be recorded in the 3 negative. 4 Senator Wright. 5 SENATOR WRIGHT: Thank you, 6 Mr. President, to explain my vote. 7 ACTING PRESIDENT FUSCHILLO: 8 Senator Wright, to explain your vote. 9 SENATOR WRIGHT: What this does 10 is expands the authority that the Power 11 Authority already has and exercises. And 12 under that authority since 1990 the Power 13 Authority has completed more than 1400 14 different energy-efficiency projects for 15 public schools and government buildings across 16 the state, saving in excess of $92 million in 17 energy costs and reducing electricity 18 consumption by 860,000 megawatt hours 19 annually. 20 So it is a significant effort of 21 energy efficiency. We are looking to expand 22 it into additional arenas beyond the public 23 school and municipality areas. 24 Relative to the observation that 25 the Power Authority did not purchase at a

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(518) 371-8910 1 lower price, frankly, that was an anomaly 2 having to do with the markets and the timing 3 of the purchase, not the methodology or manner 4 in which the authority purchases, which 5 consistently has demonstrated savings over the 6 Power for Jobs program life. Which is why so 7 many participants seek admission to the Power 8 for Jobs program. 9 I will be voting aye. 10 ACTING PRESIDENT FUSCHILLO: 11 Senator Wright will be recorded in the 12 affirmative. 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 2166 are 16 Senators Duane, Hannon, Hassell-Thompson, 17 L. Krueger, Parker, Sabini and Schneiderman. 18 Also Senator Connor. Also Senator Serrano. 19 Ayes, 51. Nays, 9. 20 ACTING PRESIDENT FUSCHILLO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2167, by Senator Balboni, Senate Print 8320, 24 an act to amend the Real Property Tax Law. 25 ACTING PRESIDENT FUSCHILLO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FUSCHILLO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT FUSCHILLO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2168, by Senator Morahan, Senate Print 8326A, 12 an act in relation to the determination. 13 ACTING PRESIDENT FUSCHILLO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FUSCHILLO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT FUSCHILLO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 2169, by the Senate Committee on Rules, Senate 25 Print 8335, an act to amend Chapter 444 of the

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(518) 371-8910 1 Laws of 1997. 2 ACTING PRESIDENT FUSCHILLO: Read 3 the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FUSCHILLO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT FUSCHILLO: 10 Senator Krueger, to explain your vote. 11 SENATOR LIZ KRUEGER: Thank you, 12 Mr. President. 13 I'm voting no. Every year that I'm 14 here we say we're going to reform industrial 15 development agencies. We've had report after 16 report. The Comptroller has done audits, the 17 Comptroller has made recommendations, there 18 have been assorted bills that have moved or 19 not moved through either house of this 20 Legislature. 21 We're ending up one more session 22 without doing anything to fix the problems 23 that continue to exist in IDAs throughout the 24 State of New York. 25 And so frankly, in protest, I am

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(518) 371-8910 1 voting no, because I would prefer to see these 2 laws sunset rather than continue to move them 3 forward year after year without dealing with 4 any of the serious problems that we ought to 5 be dealing with. 6 I vote no. 7 ACTING PRESIDENT FUSCHILLO: 8 Senator Krueger will be recorded in the 9 negative. 10 Senator Schneiderman. 11 SENATOR SCHNEIDERMAN: Thank you, 12 Mr. President, to explain my vote. 13 ACTING PRESIDENT FUSCHILLO: 14 Senator Schneiderman, to explain his vote. 15 SENATOR SCHNEIDERMAN: I join 16 with Senator Krueger. It is unfortunate that 17 we're closing the session down without 18 addressing a host of issues. I spoke earlier 19 about gun regulation. 20 But in the area of IDAs, we have a 21 system that's essentially out of control. We 22 do not have a requirement that effectively 23 ensures that IDA benefits are given to firms 24 that are in compliance with state laws. We 25 have firms that are in violation of

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(518) 371-8910 1 environmental quality laws, worker safety 2 laws, that are in violation of fraud laws and 3 continue to receive benefits. 4 We don't have adequate reporting on 5 project costs and benefits. The IDA reports 6 do not include information on payments in lieu 7 of taxes, or PILOTs, the calculation of tax 8 benefits that are provided on a continuous 9 basis, and even the most basic information on 10 jobs created and retained. They're not 11 presented in the annual reports and updated 12 annually. 13 So I will support this legislation, 14 but I think it is unfortunate that since I've 15 been here -- and I've been here a few years 16 longer than Senator Krueger -- we have talked 17 every year about the need to reform and 18 improve IDAs. This year, once again, we're 19 adjourning without acting. 20 Thank you, Mr. President. 21 ACTING PRESIDENT FUSCHILLO: 22 Senator Schneiderman, you will be recorded in 23 the affirmative. 24 Announce the results. 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 2169 are 2 Senators Duane, L. Krueger, Parker and Spano. 3 Ayes, 56. Nays, 4. 4 ACTING PRESIDENT FUSCHILLO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2170, by Senator Golden, Senate Print 8350A, 8 an act to amend the Urban Development 9 Corporation Act. 10 ACTING PRESIDENT FUSCHILLO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FUSCHILLO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT FUSCHILLO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 2171, by Senator Fuschillo, Senate Print 8373, 22 an act to amend the General Business Law. 23 ACTING PRESIDENT FUSCHILLO: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT FUSCHILLO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT FUSCHILLO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2172 -- 10 SENATOR SKELOS: Lay it aside for 11 the day. 12 ACTING PRESIDENT FUSCHILLO: The 13 bill is laid aside for the day. 14 THE SECRETARY: Calendar Number 15 2173, by Senator Winner, Senate Print 8375, an 16 act to authorize the Department of Taxation 17 and Finance. 18 ACTING PRESIDENT FUSCHILLO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FUSCHILLO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2174, by Senator Maziarz, Senate Print 8394, 5 an act to amend the Public Authorities Law. 6 ACTING PRESIDENT FUSCHILLO: Read 7 the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect on the 30th day. 10 ACTING PRESIDENT FUSCHILLO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT FUSCHILLO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2175 -- 18 ACTING PRESIDENT FUSCHILLO: 19 Senator Balboni. 20 SENATOR BALBONI: Please lay it 21 aside for the day. 22 ACTING PRESIDENT FUSCHILLO: The 23 bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 2176, by Senator Golden, Senate Print 8400, an

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(518) 371-8910 1 act to amend the Vehicle and Traffic Law. 2 ACTING PRESIDENT FUSCHILLO: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT FUSCHILLO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT FUSCHILLO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2177, by Senator Leibell, Senate Print 8422, 14 an act to amend the Education Law. 15 ACTING PRESIDENT FUSCHILLO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FUSCHILLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT FUSCHILLO: The 24 bill is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 2180, Senator Volker moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 11585 and substitute it 4 for the identical Senate Bill Number 8430, 5 Third Reading Calendar 2180. 6 ACTING PRESIDENT FUSCHILLO: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 2180, by Member of the Assembly Pheffer, 11 Assembly Print Number 11585, an act to amend 12 the Military Law. 13 ACTING PRESIDENT FUSCHILLO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FUSCHILLO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT FUSCHILLO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 2185, Senator Maziarz moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 11893 and substitute it 2 for the identical Senate Bill Number 8456, 3 Third Reading Calendar 2185. 4 ACTING PRESIDENT FUSCHILLO: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2185, by the Assembly Committee on Rules, 9 Assembly Print Number 11893, an act to amend 10 Chapter 62 of the Laws of 2003. 11 ACTING PRESIDENT FUSCHILLO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FUSCHILLO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT FUSCHILLO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 2186, Senator Skelos moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 8370A and substitute it 25 for the identical Senate Bill Number 8457,

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(518) 371-8910 1 Third Reading Calendar 2186. 2 ACTING PRESIDENT FUSCHILLO: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 2186, by Member of the Assembly Aubry, 7 Assembly Print Number 8370A, an act to amend 8 the Correction Law and the Executive Law. 9 ACTING PRESIDENT FUSCHILLO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FUSCHILLO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT FUSCHILLO: 17 Senator Skelos. 18 SENATOR SKELOS: If I could 19 explain my vote. 20 This legislation, which has passed 21 the Assembly, will continue to reform and 22 improve Megan's Law. By this legislation, all 23 level of sex offenders will be permitted to 24 have community notification and Level 2 sex 25 offenders will be included on the Internet.

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(518) 371-8910 1 ACTING PRESIDENT FUSCHILLO: 2 Senator Skelos will be recorded in the 3 affirmative. 4 Senator Coppola. 5 SENATOR COPPOLA: Thank you, 6 Mr. President. I rise to explain my vote. 7 ACTING PRESIDENT FUSCHILLO: 8 Senator Coppola, to explain his vote. 9 SENATOR COPPOLA: I'll be 10 supporting this legislation and thank Senator 11 Skelos for bringing it to the floor. 12 I just want to mention, though, 13 that the notification process in the district 14 that I represent, the City of Buffalo and the 15 City of Niagara Falls, is very difficult. The 16 Internet is a very useful way for people to 17 find out where these individuals live in their 18 communities. The one problem, though, that we 19 have with the state's registry is that it asks 20 for personal information to be supplied before 21 individuals can access the information. 22 So I would ask and encourage my 23 colleagues to consider next year that we 24 change this legislation so that personal 25 information from the people who are accessing

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(518) 371-8910 1 these sites does not have to put into these 2 databases before they access the information 3 they're looking for. 4 Thank you, and I vote yes. 5 ACTING PRESIDENT FUSCHILLO: 6 Senator Coppola will be recorded in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT FUSCHILLO: The 11 bill is passed. 12 SENATOR BALBONI: Madam 13 President. 14 ACTING PRESIDENT LITTLE: Senator 15 Balboni. 16 SENATOR BALBONI: Yes, could we 17 please return to the Supplemental Calendar 18 Number 61B. We're taking up Calendar 2181. 19 ACTING PRESIDENT LITTLE: The 20 Secretary will read. 21 SENATOR BALBONI: Thank you. 22 THE SECRETARY: Calendar Number 23 2181, by Senator Saland, Senate Print 8431, an 24 act to amend the Penal Law. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Balboni. 2 SENATOR BALBONI: Yes, Madam 3 President. I believe there is a message of 4 necessity at the desk. 5 ACTING PRESIDENT LITTLE: There 6 is. 7 SENATOR BALBONI: I would move 8 that we accept the message of necessity. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 All those in favor of accepting the 12 message of necessity say aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT LITTLE: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT LITTLE: The 18 message is accepted. 19 Read the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect on the first of 22 September. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 2183, by Senator Padavan, Senate Print 8453, 6 an act to authorize the Dormitory Authority. 7 ACTING PRESIDENT LITTLE: Senator 8 Balboni. 9 SENATOR BALBONI: Yes, Madam 10 President. Is there a message of necessity at 11 the desk? 12 ACTING PRESIDENT LITTLE: Yes, 13 there is. 14 SENATOR BALBONI: I would move 15 that we accept the message of necessity. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 All those in favor of accepting the 19 message of necessity signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT LITTLE: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT LITTLE: The 25 message is accepted.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2184, by Senator Balboni, Senate Print 8454, 12 an act to amend the Public Authorities Law. 13 ACTING PRESIDENT LITTLE: Senator 14 Balboni. 15 SENATOR BALBONI: Madam 16 President, is there a message of necessity at 17 the desk? 18 ACTING PRESIDENT LITTLE: Yes, 19 there is. 20 SENATOR BALBONI: I would move 21 that we accept the message. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 All those in favor of accepting the 25 message of necessity signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT LITTLE: Those 3 opposed, nay. 4 (No response.) 5 ACTING PRESIDENT LITTLE: The 6 message is accepted. 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the same date and in 10 the same manner as a chapter of the Laws of 11 2006. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 SENATOR BALBONI: Madam 19 President. 20 ACTING PRESIDENT LITTLE: Senator 21 Balboni. 22 SENATOR BALBONI: There will be 23 an immediate meeting of the Finance Committee 24 in the Senate Majority Conference Room. 25 ACTING PRESIDENT LITTLE:

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(518) 371-8910 1 Immediate meeting of the Finance Committee in 2 the Finance Committee in the Majority 3 Conference Room. 4 SENATOR BALBONI: And that 5 meeting will be followed immediately by a 6 meeting of the Rules Committee in the same 7 room. 8 ACTING PRESIDENT LITTLE: 9 Followed immediately by a meeting of the Rules 10 Committee in the Majority Conference Room. 11 SENATOR BALBONI: The Senate 12 stands at ease. 13 ACTING PRESIDENT LITTLE: Thank 14 you. The Senate stands at ease. 15 (Whereupon, the Senate stood at 16 ease at 7:13 p.m.) 17 (Whereupon, the Senate reconvened 18 at 7:51 p.m.) 19 SENATOR BALBONI: Madam 20 President. 21 ACTING PRESIDENT LITTLE: 22 Senator Balboni. 23 SENATOR BALBONI: I'd like to 24 return to reports of standing committees. I 25 believe there's a Rules report at the desk.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Reports 2 of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Bruno, 5 from the Committee on Rules, reports the 6 following bills: 7 Senate Print 3591, by Senator 8 Alesi, an act to amend the Education Law; 9 4068A, by Senator LaValle, an act 10 to amend the Mental Hygiene Law; 11 4150B, by Senator Padavan, an act 12 to amend the General Municipal Law; 13 5046A, by the Senate Committee on 14 Rules, an act to amend the Executive Law; 15 6636, by Senator LaValle, an act to 16 amend the General Business Law; 17 6826A, by Senator Volker, an act to 18 amend the Environmental Conservation Law; 19 6938A, by Senator Rath, an act in 20 relation to authorizing; 21 7617A, by Senator Saland, an act to 22 amend the Social Services Law; 23 7941, by Senator Padavan, an act to 24 amend the Public Health Law; 25 8075B, by Senator Marcellino, an

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(518) 371-8910 1 act to amend the Environmental Conservation 2 Law; 3 8089, by Senator Paterson, an act 4 authorizing the City of New York; 5 8107, by Senator Maziarz, an act to 6 amend the Environmental Conservation Law; 7 8256, by Senator Spano, an act 8 requiring; 9 8261, by Senator Morahan, an act to 10 amend the Mental Hygiene Law; 11 8312, by Senator Spano, an act to 12 amend the Public Health Law; 13 8341A, by Senator Hannon, an act to 14 amend the Public Health Law; 15 8352, by Senator Johnson, an act to 16 amend the Insurance Law; 17 8357, by Senator Seward, an act to 18 amend the Insurance Law; 19 8379, by Senator Robach, an act to 20 amend the Public Health Law; 21 8413, by Senator Golden, an act to 22 amend the Public Health Law; 23 8419A, by Senator Leibell, an act 24 to amend the Penal Law; 25 8449, by Senator Golden, an act to

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(518) 371-8910 1 amend the Insurance Law; 2 And Senate Print 8459, by Senator 3 Morahan, an act to amend the Penal Law. 4 All bills ordered direct to third 5 reading. 6 Senator Balboni. 7 SENATOR BALBONI: Yes, Madam 8 President, I move that we accept the report of 9 the Rules Committee. 10 ACTING PRESIDENT LITTLE: All 11 those in favor of accepting the report of the 12 Rules Committee signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT LITTLE: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT LITTLE: The 18 report is accepted. 19 SENATOR BALBONI: Madam 20 President, I believe that there's a Senate 21 Resolution Calendar at the desk. I move that 22 we adopt the calendar. 23 ACTING PRESIDENT LITTLE: All in 24 favor of adopting the Resolution Calendar 25 signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT LITTLE: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT LITTLE: The 6 Resolution Calendar is adopted. 7 SENATOR BALBONI: Madam 8 President, could we stand at ease for a 9 moment, please. 10 ACTING PRESIDENT LITTLE: Yes. 11 The Senate stands at ease. 12 (Whereupon, the Senate stood at 13 ease at 7:54 p.m.) 14 (Whereupon, the Senate reconvened 15 at 7:59 p.m.) 16 SENATOR BALBONI: Madam 17 President, could we please return to 18 Supplemental Calendar 61B, Calendar Number 19 2165, by Senator Breslin. It's no longer 20 high. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2165, by Senator Breslin, Senate Print 8306,

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(518) 371-8910 1 an act to amend the Highway Law. 2 ACTING PRESIDENT LITTLE: Senator 3 Breslin. 4 SENATOR BRESLIN: Is there a 5 message of necessity, Madam President? 6 ACTING PRESIDENT LITTLE: Yes, 7 there is, Senator Breslin. 8 SENATOR BRESLIN: I would have 9 expected that. 10 I move that we accept the message. 11 ACTING PRESIDENT LITTLE: All 12 those in favor of accepting the message of 13 necessity signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT LITTLE: All 16 those opposed, nay. 17 (No response.) 18 ACTING PRESIDENT LITTLE: The 19 message is accepted. 20 Read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 SENATOR BALBONI: Madam 5 President. 6 ACTING PRESIDENT LITTLE: Senator 7 Balboni. 8 SENATOR BALBONI: Yes, Madam 9 President. Could we please return to reports 10 of standing committees. I believe there's a 11 report of the Finance Committee at the desk. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Reports of standing committees. 15 The Secretary will read. 16 THE SECRETARY: Senator Johnson, 17 from the Committee on Finance, reports the 18 following nominations. 19 As a member of the New York State 20 Racing and Wagering Board, John B. Simoni, of 21 Charlton. 22 ACTING PRESIDENT LITTLE: Senator 23 Johnson. 24 SENATOR JOHNSON: Move the 25 nomination.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 The question is on the nomination 4 of John B. Simoni, of Charlton, as a member of 5 the New York State Racing and Wagering Board. 6 All in favor signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT LITTLE: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT LITTLE: John B. 12 Simoni, of Charlton is -- before I continue, 13 Senator Farley. 14 SENATOR FARLEY: I just want to 15 say a word about John Simoni, who I've known 16 for I guess close to 30 years. 17 John is eminently qualified. He 18 knows something about racing and wagering, 19 having been a standardbred horse owner. He's 20 been very active as a supervisor in the County 21 of Saratoga. And he's eminently qualified and 22 somebody that is going to make an outstanding 23 member of the Racing and Wagering Board. 24 And I enthusiastically support his 25 nomination.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 John B. Simoni, of Charlton, is 4 hereby confirmed as a member of the New York 5 State Racing and Wagering Board. 6 Congratulations, John. 7 (Applause.) 8 ACTING PRESIDENT LITTLE: The 9 Secretary will read. 10 THE SECRETARY: As a member of 11 the New York State Racing and Wagering Board, 12 Daniel D. Hogan, of Slingerlands. 13 SENATOR HASSELL-THOMPSON: Madam 14 President. 15 ACTING PRESIDENT LITTLE: Senator 16 Hassell-Thompson. 17 SENATOR HASSELL-THOMPSON: Yes, 18 did we vote on Simoni? That was my question. 19 ACTING PRESIDENT LITTLE: Yes, we 20 did. And then Senator Farley spoke and then 21 we did the confirmation. It was a bit 22 confusing. 23 SENATOR HASSELL-THOMPSON: Fine. 24 Okay. Thank you. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Johnson. 3 SENATOR JOHNSON: Move the 4 nomination. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Nozzolio. 8 SENATOR NOZZOLIO: Yes, Madam 9 President, on the nomination. 10 I proudly rise in support of this 11 nomination. That Dan Hogan has been a great 12 public servant throughout his career. It's 13 always great to see an alumni of the Senate 14 staff go out and make good, and he certainly 15 has done a lot of that. Great tutelage in 16 local government as well as recently with the 17 Office of General Services. 18 He's coming into a very important 19 position, very important for the economy of 20 our entire state. And that I proudly support 21 this great nomination. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Balboni. 25 SENATOR BALBONI: Yes, I rise

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(518) 371-8910 1 quickly, because Dan is one of the good guys 2 who's been around here for over two decades. 3 I met him when I first got here. 4 He's one of the guys who's always 5 gotten it. He's always been about public 6 service, it's always about doing the best he 7 can for the State of New York. 8 This is another in a long line of 9 appointments that he has richly deserved. And 10 it's a great nomination on behalf of the 11 Governor. 12 Congratulations, Dan. 13 ACTING PRESIDENT LITTLE: Senator 14 Maziarz. 15 SENATOR MAZIARZ: Thank you very 16 much, Madam President. 17 I rise too, for just a few seconds, 18 because I know everybody is in a hurry to get 19 home. 20 But I couldn't let this pass 21 without saying that Dan, even though he's been 22 in Albany for a long time now, is originally 23 from Niagara County, from a great family with 24 a long history in governmental service in 25 Niagara County.

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(518) 371-8910 1 And he started working in the 2 Senate I think as an intern for my 3 predecessor, John Daly. So I'm going to take 4 a lot of the credit for the great work that 5 Dan's done. 6 He's a great appointment. 7 Thank you, Madam President. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Spano. 11 SENATOR SPANO: Thank you, Madam 12 President. 13 It's my pleasure to join my 14 colleagues in congratulating Dan Hogan and 15 wishing him well as a member of the State 16 Racing and Wagering Board. 17 As the representative of the City 18 of Yonkers, and for all the great things that 19 will be happening at Yonkers Raceway, it's so 20 important for us to have someone who has the 21 sensitivity and the time, the commitment and 22 the advocacy for not only racing in this 23 state, but also as we progress towards this 24 new industry of video lottery terminals all 25 across the State of New York, of someone who

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(518) 371-8910 1 has got a keen eye on taking that industry and 2 moving it forward and at the same time 3 protecting things that are so important like 4 the integrity of racing at Yonkers Raceway and 5 the harness tracks across this state. 6 So he has done an outstanding job 7 in the Office of General Services, has had a 8 great career, is an overall great guy, and is 9 a great listener, and doesn't mind getting his 10 hands dirty and making things happen. 11 It's my pleasure to second his 12 nomination and to enthusiastically support his 13 nomination today. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 The question is on the nomination 17 of Daniel D. Hogan, of Slingerlands, for a 18 term as a member of the New York State Racing 19 and Wagering Board. All in favor signify by 20 saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT LITTLE: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT LITTLE: Daniel

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(518) 371-8910 1 D. Hogan is hereby confirmed as a member of 2 the New York State Racing and Wagering Board. 3 Congratulations, Dan. 4 (Applause.) 5 ACTING PRESIDENT LITTLE: The 6 Secretary will read. 7 THE SECRETARY: As a member of 8 the Public Service Commission, Cheryl 9 Ritchko-Buley, of Slingerlands. 10 ACTING PRESIDENT LITTLE: Senator 11 Johnson. 12 SENATOR JOHNSON: Move the 13 nomination. 14 ACTING PRESIDENT LITTLE: Senator 15 Libous. 16 SENATOR LIBOUS: Thank you, Madam 17 President. I just want to comment on this 18 nominee. 19 I said this in committee; I want to 20 say it publicly in front of the whole body. I 21 had the pleasure in the last six months 22 working with Cheryl Buley as working on the 23 Racing and Wagering Board as its chairperson 24 and opening a new park, Cayuga Park, the first 25 time in 30 years in this state that we opened

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(518) 371-8910 1 a new raceway -- racino, as they now call it. 2 And over that period of time, she 3 has been just an outstanding individual to 4 work with, extremely professional, very 5 competent. And every time there was a 6 problem, she personally made sure that I was 7 called back and things moved smoothly. 8 And I just -- I'm going to miss her 9 on the board, but I see that we have two new, 10 very, very competent board members going on 11 the Racing and Wagering Board. 12 And I want to again just applaud 13 the Governor for moving her to the Public 14 Service Commission. And she is just an 15 outstanding nominee. 16 ACTING PRESIDENT LITTLE: Senator 17 Sabini. 18 SENATOR SABINI: Thank you, Madam 19 President. I too want to endorse this 20 nomination. 21 Ms. Buley was there to listen to us 22 speaking for the minority on Racing and 23 Wagering whenever I had a problem or a 24 concern, and I am sure she'll bring the same 25 openness and hard work to the Public Service

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(518) 371-8910 1 Commission. 2 Thank you. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Hannon. 6 SENATOR HANNON: Yes, Madam 7 President. I just want to commend to this 8 body the nomination of Ms. Buley. 9 I think she's done an outstanding 10 job during a turbulent time in regard to 11 racing in this state. And I'm glad that she 12 has accepted the challenge to go to the PSC 13 and deal with the energy and 14 telecommunications policies in the near 15 future. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 The question is on the nomination 19 of Cheryl Ritchko-Buley, of Slingerlands, for 20 a term as a member of the Public Service 21 Commission. All in favor signify by saying 22 aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT LITTLE: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT LITTLE: Cheryl 3 Ritchko-Buley, of Slingerlands, is hereby 4 confirmed as a member of the Public Service 5 Commission. 6 Congratulations, Cheryl. 7 (Applause.) 8 ACTING PRESIDENT LITTLE: The 9 Secretary will read. 10 THE SECRETARY: As a member of 11 the Workers' Compensation Board, Richard A. 12 Bell, of Saratoga Springs. 13 ACTING PRESIDENT LITTLE: Senator 14 Balboni. 15 SENATOR BALBONI: Move the 16 nomination. 17 ACTING PRESIDENT LITTLE: Senator 18 Spano. 19 SENATOR SPANO: Thank you, Madam 20 Chairman. 21 Rick Bell has been a great addition 22 to the Workers' Compensation Board and comes 23 to this board as a commissioner armed with the 24 knowledge and the practical knowledge of the 25 daily operations of the board as well as the

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(518) 371-8910 1 sensitivity to protecting the dignity of 2 injured workers across the state. 3 We are proud of the Governor's 4 nomination, and I'm very pleased to speak in 5 favor of his nomination today. 6 ACTING PRESIDENT LITTLE: Senator 7 Libous. 8 SENATOR LIBOUS: Thank you, Madam 9 President. 10 I want to rise and join my 11 colleague Senator Spano in commenting on Rick 12 Bell's nomination. 13 I think that Rick brings his 14 background to the board, but he has been 15 running the board as executive director for a 16 number of years now. And I think he 17 understands not only the workings of the 18 board, but he also understands the plight of 19 injured workers and certainly the function of 20 being a member of the Workers' Compensation 21 Board. 22 He is an outstanding candidate, he 23 is an outstanding leader, and I just want to 24 join Senator Spano and my colleagues in 25 seconding this nomination.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 The question is on the nomination 4 of Richard A. Bell, of Saratoga Springs, as a 5 member of the Workers' Compensation Board. 6 All those in favor signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT LITTLE: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT LITTLE: Richard 12 A. Bell is hereby confirmed as a member of the 13 Workers' Compensation Board. 14 Congratulations, Rick. 15 (Applause.) 16 SENATOR BALBONI: Madam 17 President. 18 ACTING PRESIDENT LITTLE: Senator 19 Balboni. 20 SENATOR BALBONI: Would you 21 please recognize Senator Breslin. 22 ACTING PRESIDENT LITTLE: Senator 23 Breslin. 24 SENATOR BRESLIN: Thank you, 25 Senator Balboni. Thank you, Madam President.

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(518) 371-8910 1 I've been out of the chamber on 2 Senate business, but had I been here, I would 3 have made remarks about Dan Hogan and his 4 background, experience -- and a lot in this 5 chamber, with Senator John Daly -- as an 6 assistant with Mike Hoblock, his time at OGS, 7 and his ability to communicate with the 8 Legislature and all other areas. 9 And I think it's a wonderful 10 decision by the Governor, and I'm sure he'll 11 continue to make everybody in this body very 12 proud. And he's also my constituent. 13 ACTING PRESIDENT LITTLE: Thank 14 you, Senator. 15 Senator Balboni. 16 SENATOR BALBONI: Madam 17 President, is there any other further business 18 at the desk? 19 ACTING PRESIDENT LITTLE: No, 20 there is not, Senator Balboni. 21 SENATOR BALBONI: In that case I 22 would move that we adjourn until tomorrow 23 morning, Friday, at 10:00 a.m. 24 ACTING PRESIDENT LITTLE: On 25 motion, the Senate stands adjourned until

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(518) 371-8910 1 tomorrow morning, Friday, June 23rd, at 2 10:00 a.m. 3 (Whereupon, at 8:17 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910