Friday, June 23, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 23, 2006 11 10:10 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 Thursday, June 22, the Senate met pursuant to 18 adjournment. The Journal of Wednesday, 19 June 21, was read and approved. On motion, 20 Senate adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Motions and resolutions. 5 Senator Farley. 6 SENATOR FARLEY: Thank you, Madam 7 President. 8 On behalf of Senator Hannon, Madam 9 President, I wish to call up his bill, Senate 10 Print Number 8278A, which is at the desk. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 2001, by Senator Hannon, Senate Print 8278A, 15 an act to authorize the Village of Hempstead. 16 THE PRESIDENT: Senator Farley. 17 SENATOR FARLEY: Madam President, 18 I now move to reconsider the vote by which 19 this bill was passed, and I ask that the bill 20 be restored to the order of third reading. 21 THE PRESIDENT: The Secretary 22 will call the roll upon reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 37. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 restored to third reading. 2 SENATOR FARLEY: Thank you, Madam 3 President. 4 Madam President, I wish to call up 5 Senator Bruno's bill, Senate Print 8438, which 6 was recalled from the Assembly and it's now at 7 the desk. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Calendar Number 11 2113, by Senator Bruno, Senate Print 8438, an 12 act to authorize the County of Saratoga. 13 SENATOR FARLEY: Madam President, 14 I now move to reconsider the vote by which 15 this bill passed, and I ask that the bill be 16 restored to the order of third reading. 17 THE PRESIDENT: The Secretary 18 will call the roll upon reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 37. 21 THE PRESIDENT: The bill will be 22 restored to the order of third reading. 23 SENATOR FARLEY: Thank you, Madam 24 President. 25 THE PRESIDENT: Senator Robach.

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(518) 371-8910 1 SENATOR ROBACH: Yes, Madam 2 President. Are there any substitutions at the 3 desk? 4 THE PRESIDENT: Yes, there are, 5 Senator. 6 The Secretary will read. 7 THE SECRETARY: On page 7, 8 Senator Seward moves to discharge, from the 9 Committee on Rules, Assembly Bill Number 9308A 10 and substitute it for the identical Senate 11 Bill Number 6015B, Third Reading Calendar 226. 12 On page 17, Senator Morahan moves 13 to discharge, from the Committee on Finance, 14 Assembly Bill Number 1473 and substitute it 15 for the identical Senate Bill Number 7058, 16 Third Reading Calendar 720. 17 On page 39, Senator Spano moves to 18 discharge, from the Committee on Civil Service 19 and Pensions, Assembly Bill Number 3467 and 20 substitute it for the identical Senate Bill 21 Number 5118, Third Reading Calendar 1459. 22 On page 45, Senator Padavan moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 11945 and substitute it 25 for the identical Senate Bill Number 8381,

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(518) 371-8910 1 Third Reading Calendar 1888. 2 On page 47, Senator Saland moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 6640B and substitute it 5 for the identical Senate Bill Number 7616, 6 Third Reading Calendar 2060. 7 On page 48, Senator Alesi moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 2683 and substitute it 10 for the identical Senate Bill Number 3591, 11 Third Reading Calendar 2187. 12 On page 48, Senator Padavan moves 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 7166B and substitute it 15 for the identical Senate Bill Number 4150B, 16 Third Reading Calendar 2189. 17 On page 48, Senator Volker moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 10113A and substitute it 20 for the identical Senate Bill Number 6826A, 21 Third Reading Calendar 2192. 22 On page 49, Senator Rath moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 10225A and substitute it 25 for the identical Senate Bill Number 6938A,

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(518) 371-8910 1 Third Reading Calendar 2193. 2 On page 49, Senator Saland moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 11055A and substitute it 5 for the identical Senate Bill Number 7617A, 6 Third Reading Calendar 2194. 7 On page 49, Senator Padavan moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 11341 and substitute it 10 for the identical Senate Bill Number 7941, 11 Third Reading Calendar 2195. 12 On page 49, Senator Paterson moves 13 to discharge, from the Committee on Rules, 14 Assembly Bill Number 10492 and substitute it 15 for the identical Senate Bill Number 8089, 16 Third Reading Calendar 2197. 17 On page 49, Senator Spano moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 11842 and substitute it 20 for the identical Senate Bill Number 8256, 21 Third Reading Calendar 2199. 22 On page 49, Senator Morahan moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 9593B and substitute it 25 for the identical Senate Bill Number 8261,

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(518) 371-8910 1 Third Reading Calendar 2200. 2 On page 49, Senator Spano moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 9902B and substitute it 5 for the identical Senate Bill Number 8312, 6 Third Reading Calendar 2201. 7 On page 49, Senator Hannon moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 8761A and substitute it 10 for the identical Senate Bill Number 8341A, 11 Third Reading Calendar 2202. 12 On page 50, Senator Seward moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 11401 and substitute it 15 for the identical Senate Bill Number 8357, 16 Third Reading Calendar 2204. 17 On page 50, Senator Robach moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 11883 and substitute it 20 for the identical Senate Bill Number 8379, 21 Third Reading Calendar 2205. 22 And on page 50, Senator Leibell 23 moves to discharge, from the Committee on 24 Rules, Assembly Bill Number 7975A and 25 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 8419A, Third Reading Calendar 2207. 2 THE PRESIDENT: Substitutions 3 ordered. 4 Senator Robach. 5 SENATOR ROBACH: Yes, Madam 6 President. Can we go to the noncontroversial 7 reading of the calendar, please. 8 THE PRESIDENT: We can, and we 9 will. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 226, substituted earlier by Member of the 13 Assembly Morelle, Assembly Print Number 9308A, 14 an act to amend the Insurance 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, 41. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 388, by Member of the Assembly Brodsky,

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(518) 371-8910 1 Assembly Print Number 8544B, an act to amend 2 the Public Authorities Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 5. This 6 act shall take effect on the first of July. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 41. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 720, substituted earlier by Member of the 14 Assembly Dinowitz, Assembly Print Number 1473, 15 an act to amend the Executive Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 180th day. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 41. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 902, by Senator DeFrancisco, Senate Print 2 5529A, an act to amend the Criminal Procedure 3 Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 41. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1167, by Senator LaValle, Senate Print 1633B, 15 an act to amend the Tax Law. 16 THE PRESIDENT: There is a local 17 fiscal impact note at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of July. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 42. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1236, by Senator -- 3 SENATOR HASSELL-THOMPSON: Lay it 4 aside. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 1290, by Senator Farley, Senate Print 7526B, 9 an act to amend the Banking 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 SECRETARY: Ayes, 44. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1353, by Senator Hannon, Senate Print 7494A, 21 an act to amend the Public Health Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 4. 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, 44. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1459, substituted earlier today by Member of 8 the Assembly Brodsky, Assembly Print Number 9 3467, an act to amend the Civil Service Law. 10 THE PRESIDENT: There is a local 11 fiscal impact note at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 30th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 44. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1574, by Senator LaValle, Senate Print 7613A, 22 an act creating the Task Force on Quality 23 Assurance in Anesthesia. 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, 42. Nays, 6 2. Senators Robach and Young recorded in the 7 negative. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1624, by Senator Seward, Senate Print 4650A, 12 an act creating the Canadarago Lake Protection 13 and Improvement District. 14 THE PRESIDENT: There is a 15 home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 16. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 44. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1744, by Member of the Assembly Silver,

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(518) 371-8910 1 Assembly Print Number 11255A, an act to amend 2 the General Municipal Law and others. 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, 44. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1888, substituted earlier today by the 14 Assembly Committee on Rules, Assembly Print 15 Number 11945, an act to amend the Education 16 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 PRESIDENT: Senator Krueger, 24 to explain your vote. 25 SENATOR LIZ KRUEGER: Madam

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(518) 371-8910 1 President, I would respectfully request to be 2 excused from voting on 1888 because I have a 3 pecuniary interest in this calendar. 4 SENATOR ROBACH: Without 5 objection, Madam President. 6 THE PRESIDENT: You will be 7 recorded as abstaining from voting, Senator. 8 SENATOR LIZ KRUEGER: Thank you, 9 Madam President. 10 THE PRESIDENT: Senator Robach, 11 without objection. 12 The Secretary will announce the 13 results. 14 THE SECRETARY: In relation to 15 Calendar Number 1888: Ayes, 45. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1996, by Senator Morahan, Senate Print 8264A, 20 an act to authorize the Greenwood Lake Union 21 Free School District to file. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 46. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 2003, by Senator DeFrancisco, Senate Print 8 8282, an act to amend the General Municipal 9 Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 5. This 13 act shall take effect on the 180th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 46. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 2040, by Senator Flanagan, Senate Print 8317, 21 an act to amend the Election Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE PRESIDENT: Senator Krueger, 4 to explain your vote. 5 SENATOR LIZ KRUEGER: Thank you, 6 Madam President. 7 Well, I understand what the Senator 8 was trying to do with this bill, which is to 9 open up for inspection a board of elections 10 and their authorized agents to look at the 11 proprietary software within voting machines. 12 This is not a same-as bill with the 13 Assembly. The Assembly has passed a bill, 14 A11641, that I believe much more clearly and 15 concisely and directly addresses the problem. 16 And while I believe it is the 17 intention of Senator Flanagan in this bill to 18 try to address the same concern, I do not 19 think that his bill does meet that standard. 20 And I am sorry that we are not instead passing 21 a same-as bill today with the Assembly. 22 And so because I think this is 23 technically flawed, I will be voting no. 24 Thank you, Madam President. 25 THE PRESIDENT: And you will be

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(518) 371-8910 1 recorded as voting in the negative, Senator. 2 The Secretary will announce the 3 results. 4 THE SECRETARY: Ayes, 45. Nays, 5 2. Senators L. Krueger and Sabini recorded in 6 the negative. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 2041, by Member of the Assembly Abbate, 11 Assembly Print Number 11674, an act to amend 12 the Civil Service Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 47. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 2060, substituted earlier today by Member of 24 the Assembly Paulin, Assembly Print Number 25 6640B, an act to amend the Education 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 on the first of 5 September. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 47. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 2084, by Senator Hannon, Senate Print 4621, an 13 act to amend the Education 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, 47. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 2107, by Senator Saland, Senate Print 8407, an 25 act authorizing the City of Hudson.

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(518) 371-8910 1 THE PRESIDENT: There is a 2 home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 47. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 2143, by Senator Bruno, Senate Print 8444, an 13 act to amend the Environmental Conservation 14 Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 47. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 2178, by Senator Leibell, Senate Print 8426,

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(518) 371-8910 1 an act to amend the Public Authorities Law -- 2 SENATOR SCHNEIDERMAN: Lay it 3 aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 2179, by Senator Golden, Senate Print 8428, an 8 act to amend the Administrative Code of the 9 City of New York. 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, 49. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 2182, by Senator Little, Senate Print 8436, an 21 act to amend the Criminal Procedure Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 48. Nays, 4 1. Senator Duane recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 2187, substituted earlier today by Member of 9 the Assembly Morelle, Assembly Print Number 10 2683, an act to amend the Education Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 49. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 2188, by Senator LaValle, Senate Print 4068A, 22 an act to amend the Mental Hygiene Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the 180th day. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 49. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 2189, substituted earlier today by Member of 9 the Assembly Grannis, Assembly Print Number 10 7166B, an act to amend the General Municipal 11 Law and others. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 7. This 15 act shall take effect on the 120th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 48. Nays, 19 1. Senator Little recorded in the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 2191, by Senator LaValle, Senate Print 6636, 24 an act to amend the General Business Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 SENATOR ROBACH: Lay it aside 7 temporarily. 8 THE PRESIDENT: The bill is laid 9 aside temporarily. 10 THE SECRETARY: Calendar Number 11 2192, substituted earlier today by Member of 12 the Assembly DelMonte, Assembly Print Number 13 10113A, an act to amend the Environmental 14 Conservation Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 120th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 49. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 2193, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Schimminger, Assembly Print 2 Number 10225A, an act in relation to 3 authorizing. 4 THE PRESIDENT: There is a 5 home-rule message at the desk. 6 Read the last 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, 49. 12 THE PRESIDENT: The bill is 13 passed. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2194, substituted earlier today by Member of 17 the Assembly Paulin, Assembly Print Number 18 11055A, an act to amend the Social Services 19 Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 120th day. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 49. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 2195, substituted earlier today by Member of 6 the Assembly Grannis, Assembly Print Number 7 11341, an 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 immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 49. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 2197, substituted earlier today by Member of 19 the Assembly Farrell, Assembly Print Number 20 10492, an act authorizing the City of New York 21 to reconvey its interest. 22 THE PRESIDENT: There is a 23 home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 49. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 2199, substituted earlier today by the 9 Assembly Committee on Rules, Assembly Print 10 Number 11842, an act requiring the Transplant 11 Council to complete a study. 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, 51. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 2200, substituted earlier today by Member of 23 the Assembly Rivera, Assembly Print Number 24 9593B, an act to amend the Mental Hygiene Law. 25 ACTING PRESIDENT MEIER: 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 April. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 51. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 2101, substituted earlier today by Member of 12 the Assembly Latimer, Assembly Print Number 13 9902B, an act to amend the Public Health Law. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 53. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 2202, substituted earlier today by the

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(518) 371-8910 1 Assembly Committee on Rules, Assembly Print 2 Number 8761B, an act to amend the Public 3 Health Law. 4 ACTING PRESIDENT MEIER: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 53. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 2203, by Senator Johnson, Senate Print 8352, 16 an act to amend the Insurance Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of January 21 next succeeding. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 2204, substituted earlier today by Member of 5 the Assembly Grannis, Assembly Print Number 6 11401, an act to amend the Insurance Law. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 53. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 2205, substituted earlier today by the 19 Assembly Committee on Rules, Assembly Print 20 Number 11883, an act to amend the Public 21 Health Law and the Vehicle and Traffic Law. 22 ACTING PRESIDENT MEIER: Read the 23 last section. 24 THE SECRETARY: Section 6. This 25 act shall take effect on the 180th day.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 53. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 2206, by Senator Golden, Senate Print 8413, an 9 act to amend the Public Health Law. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 54. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 2207, substituted earlier today by Member of 22 the Assembly Galef, Assembly Print Number 23 7975A, an act to amend the Penal Law. 24 ACTING PRESIDENT MEIER: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 54. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 2208, by Senator Golden -- 11 SENATOR ROBACH: Lay it aside 12 temporarily. 13 ACTING PRESIDENT MEIER: Lay the 14 bill aside temporarily. 15 Senator Robach, that completes the 16 noncontroversial reading of the calendar. 17 Senator Robach. 18 SENATOR ROBACH: Mr. President, 19 if you could alert the members to come to the 20 chamber. Ring the bell, so we can begin the 21 controversial reading of the calendar, 22 starting with Calendar Number 1236, by Senator 23 Saland. 24 ACTING PRESIDENT MEIER: The 25 Secretary will ring the bell.

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(518) 371-8910 1 Members are asked to come to the 2 chamber and take their seat for the 3 controversial reading of the calendar. 4 The Secretary will read the 5 controversial calendar, beginning with 6 Calendar 1236. 7 SENATOR SCHNEIDERMAN: 8 Explanation. 9 ACTING PRESIDENT MEIER: Senator 10 Saland, Senator Schneiderman has requested an 11 explanation of 1236. 12 But before you do that, maybe we 13 could have just a little order in the house. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1236, by Senator Saland, Senate Print 7921B, 17 an act to amend the Environmental Conservation 18 Law. 19 SENATOR SALAND: Thank you, 20 Mr. President. 21 Mr. President, this is a bill which 22 is intended to deal with the issue of testing 23 of private wells in those circumstances in 24 which there may be the possibility or 25 likelihood that they may be contaminated in a

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(518) 371-8910 1 fashion which might not ordinarily be 2 demonstrated on the routine -- what I'll term 3 routine test that is required by most lending 4 institutions. 5 Those tests generally will serve 6 for purposes of detecting any number of 7 problems, particularly if it relates to 8 E. coli or nitrates, cost perhaps $40 to $50, 9 and are commonly provided for in either 10 contract law or in fact merely required by the 11 lending institution. 12 There are, however, a group of 13 contaminants which are not generally indicated 14 on those types of tests, and those 15 contaminants generally are the result of some 16 type of industrial pollution, perhaps some 17 type of pollution by reason of proximity to a 18 gasoline station -- MTBE, PCEs, TCEs and a 19 host of other of these types of contaminants 20 which, again, would not show. 21 What this bill proposes to do is to 22 say that there are certain areas which at 23 first blush you would think would be 24 critically important to have testing of wells 25 for those very contaminants. And this bill

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(518) 371-8910 1 says if you're in the vicinity of a Superfund 2 site, you would be required to have your well 3 tested. And when you had your well tested, 4 there would be a state fund that would 5 reimburse you, an existing fund in which 6 there's some $15 million. You would make 7 application to that fund for reimbursement. 8 In other circumstances where there 9 might be mandatory well testing, those 10 circumstances would occur when the Development 11 of Health and the Department of Environmental 12 Conservation determined that a particular area 13 was at risk healthwise. They would make a 14 recommendation to the local governing body, 15 the local going body would then make a 16 determination as to whether or not they wanted 17 to adopt mandatory well testing for a specific 18 area within a county or perhaps an entire 19 county. But again, that would be a local 20 matter. 21 Were that to occur, that too would 22 be a reimbursable expense. That expense would 23 be reimbursed by way of an offset from the 24 transfer tax. These tests occur generally on 25 transfer of property. And on the transfer tax

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(518) 371-8910 1 on the sale, there would be an offset. 2 In all other instances, these tests 3 would be at the option of the purchaser. And 4 if in fact the purchaser opted to have this 5 test, again, the seller, on the transfer of 6 property, would have the ability to offset, by 7 way of a tax credit, an amount to be 8 determined as reasonable by the Department of 9 Health. 10 These tests, based on the 11 New Jersey experience, run anywhere from $400 12 to $600. New Jersey is the only state in the 13 union that requires mandatory well testing. 14 And to date their experience has been that 15 some 1 percent of the wells have the kinds of 16 unique contaminants that are sought to be 17 tested under this bill. 18 And while some 8 percent of the 19 wells are contaminated based on their 20 experience, what they've determined is 7 of 21 those 8 percent are the types of contaminants 22 that picked up, again, on what I term the 23 routine tests required by your lending 24 institution or which you will generally 25 contract for.

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(518) 371-8910 1 In the State of New York there are 2 in excess of 800,000 private residents that 3 are being served by wells. If we extrapolate 4 New Jersey's experience to New York's 5 experience -- and certainly I would think, 6 given the nature of New Jersey and the intense 7 industrial development in certain areas, it's 8 likely that they may well have higher rates of 9 contamination than even in New York -- we're 10 talking about maybe 8,000 homes in New York 11 having a problem that would warrant this 12 additional, more sophisticated, targeted 13 testing. Even if we double it, triple it, 14 quadruple it, quintuple it, we're talking 15 20,000, 30,000, 40,000 homes, perhaps, out of, 16 again, 800,000 homes. 17 So this is a targeted effort. 18 There's an education component that requires 19 the Department of Health really to, in effect, 20 engage in a public health information effort 21 to educate the general public about the 22 importance of this testing. There is a 23 provision that requires all tests to be done 24 by certified labs, certified labs to report 25 the results to the Department of Health so

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(518) 371-8910 1 there's a database to determine where in fact 2 these contaminated wells may be. 3 And what the bill also provides is 4 that this database will be certainly 5 maintained and would become the source for, 6 should the occasion arise, a determination as 7 to the need of any additional mandatory well 8 testing. 9 The bill also provides a disclosure 10 mechanism. In contracts, there -- as you will 11 recall, we passed several years ago a bill 12 that requires contract disclosure with regard 13 to certain conditions of a home. This bill 14 adds to those contract conditions, requiring 15 disclosure of certain information with regard 16 to your well -- whether you've had it tested, 17 if there were any contaminants, what those 18 contaminants were, and several other questions 19 that are provided. 20 The downside is people can, in 21 effect, buy out of that disclosure by paying 22 $500. That is not an uncommon practice. What 23 we therefore do is we also provide that if in 24 fact a seller fails to disclose that they had 25 a test or fails to disclose the result of that

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(518) 371-8910 1 test, the purchaser has the ability to seek 2 damages and rescission, therefore avoiding the 3 legal doctrine of a contract merging into a 4 deed and leaving a purchaser often at the 5 mercy of a system which may not respond to 6 their legitimate concerns. 7 Mr. President, that is perhaps a 8 not-too-brief explanation of the bill. 9 ACTING PRESIDENT MEIER: Senator 10 Schneiderman. 11 SENATOR SCHNEIDERMAN: Thank you, 12 Mr. President. 13 Senator Onorato suggested I ask for 14 a more detailed explanation. However, I will 15 pass on that request. 16 I think that there are two 17 fundamental problems that I have with this 18 bill. And I'd like to speak on the bill, 19 Mr. President. 20 ACTING PRESIDENT MEIER: Senator 21 Schneiderman, on the bill. 22 SENATOR SCHNEIDERMAN: The first 23 problem is that the Assembly has passed a more 24 comprehensive bill unanimously -- 25 unanimously -- Assembly A6459, sponsored by

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(518) 371-8910 1 Assemblyman Thomas DiNapoli. And that bill 2 has broader provisions than this bill. What 3 that means is we're walking away with this 4 year with nothing on the testing of well water 5 because the bills don't match up. 6 I would urge my colleagues that if 7 we have time -- and I think we do have time -- 8 we should pass a Senate version of Assemblyman 9 DiNapoli's bill. 10 The critical distinction -- this is 11 my second problem with the bill -- between the 12 Assembly version and Senator Saland's version 13 is found on page 2 of Senator Saland's bill, 14 which provides that the department, and this 15 is the Department of Environmental 16 Conservation, in consultation with the 17 Department of Health, may, pursuant to a 18 finding that there is not a health threat -- 19 it's not clear what that means -- exclude or 20 limit by geographic area or geologic formation 21 some areas of the state. 22 Now, what that means is that unlike 23 New Jersey, there are areas of the state where 24 there will be no requirement that well water 25 will be tested. And we know from our

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(518) 371-8910 1 experience and we know from the experience in 2 New Jersey that in some cases there are 3 contaminated wells even surrounded by other 4 areas where the water is pristine. 5 Why is that? Because there's been 6 illegal dumping of chemicals for hundreds of 7 years in this state, decades, going back into 8 the 19th century. There are people who have 9 dumped things like fiberglass, petrochemicals, 10 trichloroethylene. Those are the sorts of 11 things that have showed up in New Jersey. And 12 there's a substantial portion -- Senator 13 Saland noted that it's a small portion of the 14 wells that are contaminated, but even one 15 contaminated well can be deadly. 16 So I view this as something like 17 mandatory seat belt laws. Is it a burden? 18 Yes. You know, if you're driving two blocks, 19 who wants to do it? Is it something that does 20 save lives when you make it apply to everyone? 21 Absolutely. There's no question that the 22 record in New Jersey reflects that there are 23 some wells that are likely to be in areas that 24 the department in New York State would find 25 don't constitute health threats because

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(518) 371-8910 1 they're surrounded by areas where the water is 2 clean. 3 We have to require that every well 4 be tested. There are microenvironments in our 5 state where there has been very, very specific 6 dumping in a very small area. In fact, if you 7 look at the history of this -- and we know 8 this from litigation concerning some of this 9 dumping. The most famous one was a book and 10 then a movie, A Civil Action. But this goes 11 on all over the place. 12 If you have a particular service 13 station or a particular facility -- and this 14 could be a service station that was operating 15 in 1920 and shut down -- they may have dumped 16 chemicals in a particular spot and then 17 development goes on, a subdivision gets built. 18 There's no way to tell that a particular home 19 is in danger of chemical poisons, long-term 20 damage, unless you test every home. 21 So, ladies and gentlemen, I would 22 suggest that we vote against this one-house 23 bill. Let's get a bill that would pass the 24 Assembly. We have a great model in A6459. 25 Let's test all the well water. Because it may

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(518) 371-8910 1 not be a large number of people who are 2 injured or who die for our failure to test 3 every well, but if one child dies, if one 4 senior citizen is injured, that's too much. 5 In the State of New York we should 6 not do less than the State of New Jersey. We 7 should do more. We have an even more diverse 8 array of chemicals that have been dumped here 9 because of our great industrial tradition, 10 again, dating back into the nineteenth 11 century. Let's take that extra step and not 12 pass a bill that includes this vague mandate 13 allowing exclusion of large geographic areas 14 or geologic formations. 15 So I would encourage a no vote, 16 Mr. President, in the hope that we will be 17 able to come up with a water-testing bill. I 18 suspect we will be back here again this year. 19 Let's get something done that we can pass both 20 houses, make a law, protect the citizens of 21 this state from dangerous contaminated well 22 water. 23 Mr. President, thank you. 24 SENATOR SALAND: On the bill, 25 Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Saland, on the bill. 3 SENATOR SALAND: At the risk of 4 raining on Senator Schneiderman's parade, the 5 exclusion language is comparable to language 6 in the Assembly bill. If you look at the 7 Assembly bill, you will see there is a similar 8 carve-out. So perhaps you will want to talk 9 to the Assembly about getting that out of 10 their bill as well. 11 The analogy of seat belts to a 12 mandated cost I think is a little on the weak 13 side. The seat belt law requires you to take 14 an action. To require some 750,000 to 800,000 15 homeowners to spend anywhere from $400 to $600 16 is not quite the same as reaching across, 17 bringing a lap belt and sliding it into your 18 receiving end. 19 So I just stand to make those 20 points. Thank you very much. 21 ACTING PRESIDENT MEIER: Senator 22 Bonacic. 23 SENATOR BONACIC: Will the 24 sponsor yield for a couple of questions. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Saland, will you yield for a question from 2 Senator Bonacic? 3 SENATOR SALAND: Yes. 4 ACTING PRESIDENT MEIER: The 5 sponsor yields. 6 SENATOR BONACIC: Steve, I know 7 that when you get a mortgage, the mortgagee 8 requires that the well be tested. And most 9 attorneys doing real estate have that 10 provision if they represent a buyer. 11 Now, in the tests that you envision 12 under this legislation, could you talk in 13 differences in cost. Because the first test, 14 is the water drinkable, as opposed to what the 15 test will be under this legislation, is it 16 different? 17 SENATOR SALAND: Generally the 18 test that you're talking about is a potability 19 test and also a volume test, is the well 20 returning so many gallons per minute. That is 21 what I referred to as the routine or 22 garden-variety required test, $40 to $50. 23 There is then a menu of other tests 24 you can have that will really be keyed in on 25 different types of potential contaminants.

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(518) 371-8910 1 New Jersey's experience has been 2 that depending upon what you choose, the costs 3 can be anywhere from $400 to $600. I've seen 4 others saying as much as $300 to $500. 5 What this bill would say would be 6 that you have the option, the purchaser has 7 the option -- if it's not in the mandated 8 area, if you're not in the vicinity of a 9 Superfund site or if your local county 10 governing entity, in conjunction or with the 11 recommendation of DOH and DEC, has not chosen 12 to indicate a mandated area, the buyer will 13 have the option of requesting additional 14 testing above and beyond what I've termed the 15 routine test. 16 If the buyer does that, the seller 17 gets an offset from the transfer tax on 18 closing for the cost of that test, based upon 19 a predetermined amount as fixed by the 20 Department of Health. 21 SENATOR BONACIC: Will the 22 sponsor continue to yield. 23 ACTING PRESIDENT MEIER: Senator 24 Saland? 25 SENATOR SALAND: Yes,

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(518) 371-8910 1 Mr. President. 2 ACTING PRESIDENT MEIER: The 3 sponsor yields. 4 SENATOR BONACIC: Is the power 5 with the Department of Health and the DEC to 6 talk about the area? Will they have the sole 7 determination of the area that will -- they'll 8 say might be at risk that requires higher 9 testing? Or will there be public hearings -- 10 SENATOR SALAND: Under -- 11 under -- that would be up to the local county. 12 Under existing law, counties do 13 have the ability to make a determination as to 14 whether or not they wish to declare an area to 15 be one that requires additional well testing. 16 What we are doing is bringing in 17 the expertise of the State Department of 18 Health and State DEC, but still leaving the 19 decision with the local county governing 20 agency. If they want to give that function to 21 the Department of Health, that's well within 22 their authority to do so. I would assume it 23 would be a process in which there would be 24 public input. And I would assume there will 25 be some type of hearing mechanism that they

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(518) 371-8910 1 would adopt to do that. 2 SENATOR BONACIC: Thank you. 3 On the bill. 4 ACTING PRESIDENT MEIER: Senator 5 Bonacic, on the bill. 6 SENATOR BONACIC: I always get 7 nervous when the DEC and the Department of 8 Health are involved, to the extent that they 9 say remedial action has to be done. 10 I'm concerned for two reasons. One 11 is timely replies. Because in the real estate 12 market, a lot of transactions are 13 time-sensitive. And if you're involved with 14 agencies and there's delays, that in itself 15 could hurt real estate deals, just terminating 16 because of timeliness. Because a lot of these 17 contracts are conditioned on closing by a 18 certain date, where time is of the essence. 19 So I could see a process -- and by 20 the way, I'm going to support your bill. I'm 21 just expressing concerns. 22 The second thing that I have a 23 problem with is to the degree of remediation 24 that may be required that a seller may not be 25 able to afford.

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(518) 371-8910 1 Right now the real estate market 2 has been working pretty good in terms of the 3 seller and buyer deciding the degree of 4 remediation in order to close. When you get 5 these superagencies involved, I believe the 6 degree of remediation will be deeper, more 7 expensive, and perhaps not only terminate the 8 real estate deal but put a scar on that seller 9 for tremendous expenses of remediation and 10 having much more difficulty in the future of 11 selling that property. 12 I understand what you're trying to 13 do, I support you, and I'm going to vote for 14 the bill. But I just wanted to express my 15 concerns. 16 And I thank you, Senator Saland. 17 ACTING PRESIDENT MEIER: Senator 18 Morahan. 19 SENATOR MORAHAN: Thank you, 20 Mr. President. Will the sponsor yield? 21 ACTING PRESIDENT MEIER: Senator 22 Saland, will you yield? 23 SENATOR SALAND: Yes, 24 Mr. President. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 sponsor yields. 2 SENATOR MORAHAN: I just have two 3 simple questions outside the legal realm of 4 discussion here. 5 Number one, as I understand it, if 6 this is -- if the purchaser wants to have the 7 well tested and it's not tested by closing 8 date, what happens? Does the -- I know the 9 seller will have to -- 10 SENATOR SALAND: I don't view 11 that as a problem. I mean, this is a 12 ministerial function. The same way you would 13 test for your bank currently -- 14 SENATOR MORAHAN: So the 15 assumption is -- 16 SENATOR SALAND: It's just 17 another test that will be conducted, and will 18 be conducted in a fashion that comports with 19 the closing date. 20 If you sign a contract on the first 21 of June for a closing on the first of August, 22 there's ample time to do all this testing. So 23 it will not impair the ability to close 24 timely. 25 SENATOR MORAHAN: Will the

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(518) 371-8910 1 sponsor continue to yield. 2 ACTING PRESIDENT MEIER: Senator 3 Saland? 4 SENATOR SALAND: Yes, 5 Mr. President. 6 ACTING PRESIDENT MEIER: The 7 sponsor yields. 8 SENATOR MORAHAN: I guess I'm 9 trying to understand. I understand that 10 portion of it. But if, for whatever reason, 11 the well is not tested by closing date, will 12 the closing continue to occur? 13 SENATOR SALAND: I would think 14 that if it was a condition of the closing, 15 that it would not. But I think you're 16 creating a scenario that's impossible to 17 attain. 18 You know, I've handled probably 19 hundreds of closings when I was practicing 20 actively. It's a routine test. It's done in 21 a matter of days, and it's never an impediment 22 to the closing. The only time there is a 23 problem is if the test shows some problem with 24 the well, and then you make an effort to 25 remediate.

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(518) 371-8910 1 SENATOR MORAHAN: Thank you. I 2 have not done closings other than participated 3 in those for my own purchases. 4 The other question is -- and I 5 believe it's contained in your bill, I just 6 want to get it on the record -- that a local 7 municipality or county can regulate this issue 8 on their own. For example, Rockland County 9 has a local law that requires that the well be 10 tested prior to sale. 11 SENATOR SALAND: This would not 12 impact Rockland County's existing law. 13 There's no effort here to supersede Rockland 14 County's existing law. It would remain in 15 effect under this bill. 16 SENATOR MORAHAN: Thank you. 17 Thank you, Mr. President. Thank you to the 18 sponsor. 19 ACTING PRESIDENT MEIER: Any 20 other Senator wish to be heard on the bill? 21 Debate is closed, then. 22 The Secretary will ring the bell. 23 Members are asked to return to the 24 chamber for a vote. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 8. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MEIER: Announce 7 the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1236 are 10 Senator Andrews, Breslin, Connor, Coppola, 11 DeFrancisco, Diaz, Duane, Gonzalez, 12 Hassell-Thompson, Klein, L. Krueger, Little, 13 Onorato, Oppenheimer, Paterson, Sampson, 14 Savino, Schneiderman, Serrano, A. Smith, 15 M. Smith, Stachowski and Stavisky. 16 Those Senators absent from voting: 17 Senators Dilan, C. Kruger and Parker. 18 Ayes, 34. Nays, 23. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 The Secretary will continue to 22 read. 23 THE SECRETARY: Calendar Number 24 2178, by Senator Leibell, Senate Print 8426, 25 an act to amend the Public Authorities Law and

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(518) 371-8910 1 others. 2 SENATOR HASSELL-THOMPSON: 3 Explanation. 4 ACTING PRESIDENT MEIER: Senator 5 Leibell, an explanation has been requested 6 with regard to Calendar 2178. 7 SENATOR LEIBELL: Thank you, 8 Mr. President. 9 ACTING PRESIDENT MEIER: First, 10 before you do that, could we have some order 11 in the chamber, please. 12 Senator Leibell. 13 SENATOR LEIBELL: Thank you. 14 As we all know, last year we passed 15 a far-reaching piece of legislation that 16 attempted to, and I think successfully, bring 17 reform to the area of the public authorities. 18 That was an effort that, when we went through 19 it at that time, we knew it was incomplete and 20 we stated that on the record. 21 We waited for the Governor's 22 commission, Commissioner Millstein's report to 23 come out, at the same time that the Senate -- 24 Senator Smith, myself, Assemblyman Brodsky, we 25 were conducting an additional public hearing.

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(518) 371-8910 1 At which point Mr. Millstein, the State 2 Comptroller came forth and testified. 3 First, let me note that we 4 continued to work with the Assembly. I want 5 to thank Senator Smith because we have worked 6 very closely on this over the last many 7 months. Also, Senator Bruno for his help and 8 support. 9 And we have in front of us today 10 legislation which I believe continues with 11 this process of reform, to attempt to give us 12 accountability, to let the people of our great 13 state know what our authorities are doing, 14 authorities which have meant so much to us 15 historically. 16 As I look at this bill in front of 17 us, candidly, I have to say that -- the 18 commission, under Ira Millstein, came forward 19 with their suggestions, as well as the 20 Executive -- and I have to say that what I 21 bring before you today, with Senator Smith, is 22 in most respects I think quite superior and 23 attempts to, as I said, continue with this 24 process of reform. 25 What we have attempted to do here

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(518) 371-8910 1 is to lay out some additional recommendations. 2 And I'll try and be specific as to what the 3 bill does. It would expressly outline the 4 powers, duties and independence of the 5 Authority Budget Office, the ABO that was 6 created last year, placing it under the 7 independent purview of the Public Authorities 8 Control Board. 9 Hopefully this will provide 10 improved compliance, accountability, 11 transparency, efficiency and effectiveness. 12 It would provide for improved board membership 13 screening standards and processes. 14 The bill would further expand the 15 governmental and public reporting requirements 16 of state and local public authorities; would 17 require public authority board members to 18 acknowledge that they understand their 19 fiduciary duties; require audit and governance 20 committee members to possess the skills 21 necessary to carry out the duties and 22 functions of such committees; would require 23 public authorities that issue debt to 24 establish a finance committee to make 25 recommendations for oversight of the same;

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(518) 371-8910 1 establish a uniform fiscal year for public 2 authorities, urban renewal agencies and 3 certain others specifically designated as 4 July 1st, unless they can prove that it is not 5 in that entity's best interest; and require 6 that all subsidiaries of public authorities be 7 created by an act of this State Legislature. 8 As I said, I think in doing this we 9 will have gone and taken a major step forward 10 in this continuing process of reform of our 11 public authorities. 12 SENATOR LIZ KRUEGER: Mr. 13 President. 14 ACTING PRESIDENT MEIER: I'm 15 sorry, Senator Krueger, you were 16 uncharacteristically unobtrusive. 17 Senator Liz Krueger. 18 SENATOR LIZ KRUEGER: Now, was 19 that a compliment, Mr. President? 20 ACTING PRESIDENT MEIER: That was 21 a sincerely meant compliment. 22 SENATOR LIZ KRUEGER: Thank you, 23 Mr. President. If the sponsor would please 24 yield. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Leibell, do you yield for a question from 2 Senator Krueger? 3 SENATOR LEIBELL: Yes. 4 SENATOR LIZ KRUEGER: Thank you. 5 I appreciate the explanation and 6 overall support your bill, Senator. I think 7 it is another step forward for us in trying to 8 reform public authorities and protect the 9 public by ensuring that we don't have renegade 10 public authorities without reasonable 11 oversight and rules and ethics. 12 My one question is, I read the bill 13 carefully and I held it up against the 14 Millstein Commission report -- and you 15 referenced that commission report -- and it is 16 not clear to me that this bill explicitly says 17 that paid, registered lobbyists should not be 18 on the boards of public authorities, whether 19 or not they are paid to be on those public 20 authorities. 21 So I was wondering if you could 22 show me -- either clarify for me that it is in 23 your bill or explain to me why it's not in the 24 bill. 25 SENATOR LEIBELL: Fine.

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(518) 371-8910 1 I want to again say that I think 2 that the Millstein Commission did an excellent 3 job. This was a great deal of work. And I 4 want to compliment also the Executive, because 5 he brought in Ira Millstein, who I think most 6 of us know is, in terms of corporate 7 governance, the leading authority not only in 8 this country but probably worldwide. So we're 9 very grateful for the work they've done. 10 And the issue you bring up is one 11 that we have talked about and considered and 12 tried to figure out the best way to approach 13 it. 14 What we attempted to do was in our 15 bill, in Section 12, we have provided for a 16 process to be established by regulation of the 17 Authority Budget Office for the screening of 18 proposed directors. And this was an important 19 issue, as you noted, in the Millstein report. 20 You're correct that the statute 21 does not expressly spell out the regulation. 22 And such is the very nature of providing 23 regulatory authority, it should be noted that 24 any such regulation pursuant to this bill must 25 be approved by the PACB, which is basically

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(518) 371-8910 1 the Majority Leader, the Speaker and the 2 Governor. And I think what we've tried to do, 3 as we do in providing regulatory authority in 4 so many other areas, is to give that entity 5 the ability to screen, to look at, to examine 6 and to make a determination within that 7 authority whether that individual has a 8 conflict or should not be there. 9 Now, if we were to find at a 10 subsequent time that that does not work, we're 11 going to be back here reviewing that issue 12 again. 13 SENATOR LIZ KRUEGER: Thank you. 14 Mr. President, on the bill. 15 ACTING PRESIDENT MEIER: Senator 16 Liz Krueger, on the bill. 17 SENATOR LIZ KRUEGER: Thank you. 18 I want to thank the sponsor for his 19 explanation and for his work on the bill, as I 20 want to thank my colleague Senator Ada Smith, 21 who's his cosponsor on the bill. 22 Again, overall, I am very pleased 23 with this bill. The one place where I must 24 respectfully disagree with my colleagues is 25 that when I read the Millstein report, when I

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(518) 371-8910 1 continue, as we all do, to read the stories of 2 scandals around the country -- not of paid, 3 registered lobbyists existing; there's a very 4 strong reason to have lobbyists who are 5 experts in their field who represent the 6 interests of their clients. 7 My objection is that because, by 8 definition, they represent the interest of 9 their clients, they are, quote, in a 10 legitimate, valuable way paid guns for their 11 clients. That there is a reason, because of 12 that, and because of the stories that have 13 come out around the country -- certainly, most 14 famously, the Abramoff scandal in Washington 15 that continues -- there is a strong argument 16 that we need to pass a law that explicitly 17 says if you're a registered lobbyist you 18 cannot serve on a public authority board. 19 And I believe, again, taking it 20 simply from the Millstein report, that since 21 we have a law now that says paid directors of 22 public authorities in New York have to be 23 subject to both Sections 73 and 74 of the 24 Public Officers Law, which would actually then 25 exclude paid, registered lobbyists, that we

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(518) 371-8910 1 need to expand that to include unpaid board 2 members of public authorities under those same 3 sections. Right now they are only subject to 4 Section 74 of the Public Officers Law. 5 So I believe it would be simple to 6 resolve this. Simply, as I believe the 7 commission recommends, change Section 73 of 8 the Public Officers Law so that you could not 9 be a paid or an unpaid officer of a public 10 authority if you are a registered lobbyist. 11 And that's the technical story. 12 The untechnical story -- and I think you 13 probably don't disagree with me, but I want to 14 just say it on the record -- is, again, I have 15 no problem with people being lobbyists. I 16 have no problem with having people being paid 17 or even paid well to be lobbyists. The 18 problem with putting them on public authority 19 boards is by definition, I believe, there's an 20 inherent conflict of interest with 21 representing independently the interests of 22 the public as an appointee of the government. 23 So I've been asked privately, Well, 24 you think it would be a problem if they were 25 on the board of an industry that they're

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(518) 371-8910 1 representing in front of the board, and I've 2 said, yes, that would distinctly be a problem. 3 I voted no against a specific 4 nominee here last week -- maybe it was this 5 week. The days flow together -- a gentleman 6 named Joseph Strasburg to continue on the 7 board of the SONYMA authority. He is a paid 8 lobbyist for the real estate industry. I 9 don't believe he should be on the board of a 10 housing financing agency because I think, by 11 definition, it's an inherent conflict. No 12 disrespect to that individual or the skills he 13 brings to his job as a paid lobbyist. 14 But I would have the same problem 15 even if it was a different industry and, say, 16 you were on the board of a housing agency but 17 you were technically a lobbyist for the 18 healthcare industry. 19 And here's why I think that's an 20 inherent conflict. Because of course we know 21 that many lobbyists in this town work for 22 lobbying companies who represent many clients. 23 Right? Probably most of them do, 24 statistically. And so even if you're a 25 lobbyist for the healthcare industry and you'd

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(518) 371-8910 1 be nominated to sit on a board that might deal 2 with racing and wagering or housing or workers 3 or almost any other imaginable public 4 authority, the conflict for me is still there 5 because the people you work with daily may be 6 representing the industry that's coming before 7 you. 8 The people who may be your partners 9 in that lobbying firm may be representing 10 interests that would come before you at the 11 public authority. And, frankly, your 12 decisions might in fact affect your bottom 13 line in your payment as a partner in a company 14 and how much they made or did not make that 15 year. 16 So again, I think that this is an 17 opportunity to explicitly clarify in the law 18 that if you are a paid, registered lobbyist 19 you should not be allowed to be paid or unpaid 20 as a public authority board member. 21 I think that -- I won't speak for 22 you -- I think that most people in this room 23 would probably agree with me that they would 24 like to do it. I'm sorry it's not in the 25 bill.

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(518) 371-8910 1 I will vote for your bill. But I 2 wanted to clarify this on the record because 3 hopefully there are more opportunities to fix 4 this, perhaps not this session, but to make 5 sure that we don't lose track of what I 6 believe is a very important issue in public 7 authorities reform. 8 Thank you, Mr. President. I vote 9 yes. 10 ACTING PRESIDENT MEIER: Senator 11 Leibell. 12 SENATOR LEIBELL: If I can just 13 respond briefly. 14 And I don't think we're that far 15 apart on this issue, to be honest with you, 16 because I think it is also an issue of 17 concern. 18 The regulation, regulations will be 19 able to specifically state for any authority 20 that a lobbyist would not be eligible. These 21 authorities would be able to do that. 22 My concern is that when we put this 23 into statute, we may lose some very talented 24 person who's out there and really doesn't have 25 a conflict and is a type of lobbyist who's not

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(518) 371-8910 1 really what we would envision as a normal 2 lobbyist. 3 So it may come to the point where, 4 yes, we have to come back, as I noted, and 5 consider this again. However, I think under 6 this bill there is sufficient authority to 7 address the issue that you have raised. 8 And if there's not, I have an idea 9 we're going to know very quickly and then 10 we're going to come back and address it in a 11 different way. 12 ACTING PRESIDENT MEIER: Senator 13 Ada Smith. 14 SENATOR ADA SMITH: Thank you, 15 Mr. President. 16 Once again this year I have the 17 opportunity to rise and to thank Senator 18 Leibell for his cooperative spirit and for 19 allowing this conference to participate in 20 what is landmark legislation. 21 As we continue to improve upon what 22 we started last year, I also want to thank 23 Senator Bruno for allowing us to participate, 24 and for Senator Leibell being so considerate 25 of the views of the Senate Minority.

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(518) 371-8910 1 And he is a pleasure to work with. 2 I thank him, and I thank his staff. And I 3 look forward to next year being able to go 4 even further than we have gone this year. 5 ACTING PRESIDENT MEIER: Does any 6 other Senator wish to be heard on the bill? 7 Debate is closed, then. 8 The Secretary will ring the bell. 9 Members are asked to return to the 10 chamber for a vote. 11 Read the last section. 12 THE SECRETARY: Section 20. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MEIER: Senator 18 Leibell, to explain his vote. 19 SENATOR LEIBELL: Thank you, 20 Mr. President. 21 This Legislature over the last 22 couple of years was confronted with some very 23 serious questions concerning the public 24 authorities in the State of New York. 25 We have worked with the Executive,

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(518) 371-8910 1 we have worked with the State Comptroller, we 2 have worked with the Attorney General, we have 3 worked together as partners. As Senator Smith 4 noted, this has been a complete partnership 5 between the Majority and Minority as we have 6 attempted to address this problem. 7 I think we have made great strides 8 together. We have made very significant 9 improvements. There's no question, and I'll 10 state it again, I believe there will be more 11 work that will have to be done in the future. 12 But I think that we can all leave 13 here very well satisfied that we have 14 collectively done a very good job in reforming 15 these authorities which have played such a 16 significant part in the history of this great 17 state and undoubtedly will in the future of 18 this state. 19 So thank you, Mr. President. I 20 support this legislation. 21 ACTING PRESIDENT MEIER: Senator 22 Leibell will be recorded in the affirmative. 23 Senator Gonzalez, to explain his 24 vote. 25 SENATOR GONZALEZ: Thank you,

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(518) 371-8910 1 Mr. President. 2 I want to thank Senator Ada Smith 3 and Senator Leibell on the work they've done; 4 also Senator Bruno. 5 As you said, that it's a 6 partnership. And you are exemplary in that 7 partnership, and we can do a lot of things 8 together. So I vote aye and thank you very 9 much again. 10 ACTING PRESIDENT MEIER: Senator 11 Gonzalez will be recorded in the affirmative. 12 Senator Farley, to explain his 13 vote. 14 SENATOR FARLEY: Mr. President, 15 thank you very much. 16 I just want to rise and salute 17 Senator Leibell on this. You know that last 18 year, that was the first corporations and 19 authorities reform that has been here that has 20 been done by this Legislature in decades and 21 decades and decades. And it was a major piece 22 of legislation. 23 And as he promised, they're going 24 to tweak it and make it better. And this is 25 just another example of the Legislature doing

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(518) 371-8910 1 something that people thought we could never 2 do. 3 And I salute Senator Leibell and 4 the entire committee. Thank you. 5 ACTING PRESIDENT MEIER: Senator 6 Farley will be recorded in the affirmative. 7 Announce the results. 8 THE SECRETARY: In relation to 9 Calendar Number 2178, those Senators absent 10 from voting: Senators Dilan and C. Kruger. 11 Ayes, 58. Nays, 0. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 2191, by Senator LaValle, Senate Print 6636, 16 an act to amend the General Business Law. 17 SENATOR HASSELL-THOMPSON: 18 Explanation. 19 ACTING PRESIDENT MEIER: Senator 20 LaValle, an explanation has been requested of 21 Calendar 2191. 22 SENATOR LaVALLE: Thank you, 23 Mr. President. 24 This legislation in various forms 25 has been before this body on a few occasions,

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(518) 371-8910 1 has gone to the Governor and the Governor has 2 vetoed it. But I believe that things have 3 changed since the last time this bill has been 4 on the floor. 5 This is no doubt, in particular if 6 you live in downstate New York, that for some 7 bizarre reason the price of gasoline can be 20 8 to 30 cents higher than upstate. You could 9 pay $2.83, $2.90 in the upstate region and pay 10 anywhere from $3.17 to $3.36 on Long Island. 11 And the reason -- you reach for a 12 rationale. Why? Why is this? Is it 13 transportation costs? You query people, they 14 say no, not really. What we have seen, and I 15 think everyone is aware of it, is greater 16 consolidation of companies. We now have Mobil 17 Exxon. The amount of competition is being 18 reduced. The power and strength of these 19 companies is enormous in the marketplace, and 20 they will use their strength and advantage to 21 get whatever they can get from the consumer. 22 This legislation before us deals 23 with the relationship between the company and 24 the franchisee. I don't think we realize that 25 over our lifetimes, when we had far greater

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(518) 371-8910 1 number of independently owned stations, the 2 advantage, the competition, the service that 3 we got from the independent service station. 4 Today they are dwindling. But 5 those that are here and have a franchise 6 agreement with the company -- and I've said 7 this over and over again on the floor -- is a 8 master-servant relationship. You would ask 9 yourself why would someone even enter into an 10 agreement. But the great American dream is to 11 own your own business, to be happy doing what 12 you want to do. But the company has great 13 control. 14 We, in this legislation, make an 15 attempt to give the franchisee some leeway. 16 The legislation talks about the distances that 17 new company-owned stores can locate next to an 18 operating retail station. In cities with a 19 population greater or equal to 1 million, it's 20 one mile. Counties with a population greater 21 than 900,000 not wholly contained within a 22 city, 1.5 miles. And all other counties, 23 2 miles. 24 There are some exceptions to the 25 distance limitations: where a retail service

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(518) 371-8910 1 station is to be located on the opposite side 2 of a divided highway, where there exists a 3 natural physical barrier, such as a body of 4 water, and where a retail station is to be 5 located on property owned by the state. 6 The importance of this -- and we've 7 talked about this in prior legislation on this 8 floor -- is to ensure that the terms and 9 conditions that are entered into do not 10 control the price and the volume of gasoline 11 that must be sold during a particular period 12 of time. And so what we're trying to do is to 13 ensure that the franchisee can compete. 14 And this is the only way we can go 15 at it with the big companies -- the 16 ExxonMobil, Shell -- to ensure that those 17 independent agents can continue to operate in 18 a way where they can be competitive and not be 19 told and to have their prices set and the 20 amount of volume of gasoline established. 21 I think the time has come to ensure 22 that there is some competition in the 23 marketplace. As you would imagine, the 24 independent stations support this legislation; 25 the major companies oppose it. So if we

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(518) 371-8910 1 believe in competition, a vote in the 2 affirmative is the correct vote. 3 ACTING PRESIDENT MEIER: Senator 4 Connor. 5 SENATOR CONNOR: Thank you, 6 Mr. President. Would Senator LaValle yield 7 for a question. 8 ACTING PRESIDENT MEIER: Senator 9 LaValle, do you yield? 10 SENATOR LaVALLE: Yes. 11 ACTING PRESIDENT MEIER: The 12 sponsor yields. 13 SENATOR CONNOR: Thank you, 14 Mr. President. 15 Mr. President, the Governor vetoed 16 similar -- almost identical, but similar 17 legislation in 2002 and I believe, as I read 18 it, in 2004 vetoed identical legislation. 19 And I appreciate -- I listened 20 carefully to Senator LaValle's remarks, and he 21 said since the Governor vetoed it in 2004 22 circumstances have changed. My question, 23 Mr. President, is since the Governor vetoed 24 the bill in 2004, has the bill changed as it's 25 before us now?

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(518) 371-8910 1 SENATOR LaVALLE: Very little if 2 any, Senator. 3 But what the circumstances -- the 4 Governor, in his veto, was relying on the 5 Consumer Protection Board and things that the 6 Consumer Protection Board, he had hoped, would 7 do in terms of education and also involvement 8 in any unfair practices by the companies. 9 And I can tell you that I have 10 interacted with the Consumer Protection Board 11 in terms of their being more aggressive. And 12 quite honestly, you see what the situation is. 13 It is what it is. And nothing that the 14 Governor talked about has happened in terms of 15 pressure or any other prior legislation that 16 has passed in the intervening years. 17 SENATOR CONNOR: Thank you. 18 On the bill, Mr. President. 19 ACTING PRESIDENT MEIER: Senator 20 Connor, on the bill. 21 SENATOR CONNOR: Mr. President, 22 this bill creates an interesting cast of 23 opponents here. On the one hand are the 24 greedy, gouging, big oil companies, and on the 25 other hand the gouging -- and some have been

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(518) 371-8910 1 proven to be price-gougers, or at least 2 charged by the Attorney General -- independent 3 or franchise operating service station 4 attendants. 5 You may all have seen in the 6 headlines a while back a gas station singled 7 out -- that's I believe a franchise-holder 8 there, it's not a company-operated station -- 9 near the Manhattan Bridge in Brooklyn. I'm 10 tempted to say in my district, but I think 11 actually it's in Senator Montgomery's district 12 by a couple of blocks. It was charging $4 and 13 some cents a gallon a while back, and people 14 started picketing him, were outraged, and he 15 lowered the price. 16 Why was he charging that, 17 Mr. President? Well, you know, he's the only 18 gas station within a mile or a mile and a 19 half, and it's right where you get on the 20 Brooklyn-Queens Expressway, or get off, if 21 like you need gas and you're on E, and right 22 where you get on or get off the Manhattan 23 Bridge. 24 If you've ever been -- and it 25 happens to me a lot, given my district. If

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(518) 371-8910 1 all of a sudden that little thing goes off and 2 you're out of gas and you're in Manhattan, and 3 I think my Manhattan colleagues will confirm 4 this, you immediately think, jeez, where is 5 there a gas station? There aren't that many. 6 And in Manhattan you pay the highest prices 7 for gasoline anywhere. They rip you off when 8 you find a gas station. 9 There was an article about a year 10 ago about a gas station in Lower Manhattan, 11 the only gas station I believe left in Lower 12 Manhattan for a couple of miles around. It 13 was charging -- before the recent escalation 14 in prices, it was charging 75 cents more a 15 gallon than anywhere else. 16 Now, okay, so we have opponents 17 here. We have the large oil companies that 18 want to make more money -- and Lord knows 19 they're drowning in money, if not in 20 petroleum -- and the service station owners, 21 and I haven't seen recently a lot of them 22 filing for bankruptcy. 23 What is the answer here? We're all 24 concerned about the high prices of gasoline. 25 We all want to bring them down. We passed --

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(518) 371-8910 1 we tried, as little as a state government as 2 we could do, we tried with the gasoline tax 3 recently. 4 But I know one answer. And maybe 5 I'm just a conservative Democrat -- I've never 6 been accused of that -- but my economics 7 courses taught me that the answer to high 8 prices is more competition, not less 9 competition. And I'm surprised to see coming 10 from the Republican Majority in this house 11 every two years this bill that would protect 12 certain gasoline stations from competition, 13 even while we're saying why are prices so 14 high. 15 And if having another gas station 16 open a quarter of a mile away means the 17 existing franchise-holder has competition, 18 well, good business practice says figure out 19 if you can lower your prices a couple of cents 20 a gallon, and people will drive into your 21 station and not the one a quarter of a mile 22 down the road. Word gets around. 23 And believe me today, 24 Mr. President, people are shopping for 25 gasoline prices far more than they ever did.

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(518) 371-8910 1 And it's quite understandable. 2 Why is this bill anti-competitive? 3 Now, I know it's masked in the -- it looks 4 like it's, oh, we're trying to preserve 5 competition for the poor franchise-holders. 6 Well, you know, we dealt with fair practices 7 in this business when we adopted Chapter 74 of 8 2004, the New York Motor Fuels Marketing 9 Practices Act, which promotes competition and 10 make the predatory, discriminatory pricing 11 rebates and practices unlawful. And they're 12 unlawful, I believe, in the context of 13 franchising as well. 14 And how big is this problem? Are 15 the ravenous large oil companies -- well, the 16 one oil company I think with the most -- the 17 most company-owned service stations in 18 New York State is ExxonMobil. But it only 19 constitutes 6 or 7 percent of the ExxonMobil 20 stations you see. 93 percent of them are 21 owned by a franchisee. 22 So I don't think it's a major 23 problem in terms -- and there are laws that 24 forbid predatory activities by the franchisor, 25 by the large oil companies, going way back.

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(518) 371-8910 1 We all heard about in this school. The 2 Sherman Antitrust Act, as early as 1890. The 3 Clayton Antitrust Act, 1914. Federal Trade 4 Commission Act, 1914 -- all prohibit the kind 5 of predatory actives that one might fear when 6 the large oil companies are going to come into 7 a competitive situation with one of their 8 franchisees. 9 We have a state law, the Donnelly 10 Act, 1893. It prohibits price fixing, bid 11 rigging, monopolization, boycotts, typing 12 arrangements, territorial and customer 13 allocations, among other practices. It has 14 fines of up to a million dollars for 15 corporations, $100,000 for individuals. It 16 allows a private right of action, very 17 important, a private right of action to enjoin 18 these actions, with treble damages. And it 19 has a felony violation, also punishable by a 20 million-dollar fine, $100,000 in -- a million 21 dollars for corporations, $100,000 for an 22 individual, and four years in prison. We've 23 protected the competitive marketplace as best 24 we can. 25 This bill would eliminate

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(518) 371-8910 1 competition. It would let someone like that 2 guy by the Manhattan Bridge keep out a large 3 oil company -- i.e., ExxonMobil; I think it's 4 a Mobil station -- from locating a few blocks 5 away and charging competitive prices. 6 I understand why service station 7 operators like to be the only game in town. 8 You know, there's no businessperson, when 9 you've got your own business, who wouldn't say 10 forget the theory of competition, I'd like to 11 have a monopoly right here. I'd like to be 12 the only candy store in my neighborhood. 13 Because you know why? I can make a few cents 14 more on every candy bar, and people want to 15 eat candy, they got to come to my candy store. 16 I don't want a candy store up the street 17 underselling me. 18 But our whole market economy 19 depends on competition. And this would 20 prevent competition. So how can we 21 seriously -- and I'm a Democrat saying this. 22 I'd like to hear from some of my colleagues in 23 the other party. How can you seriously say 24 that an anticompetitive measure -- that you're 25 concerned about gasoline prices, you're

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(518) 371-8910 1 concerned, you're concerned enough to repeal a 2 tax, and yet you want to eliminate competition 3 and pray that prices will come down. 4 Any real economist, any real 5 business expert will tell you, you want prices 6 to come down, you create competition and the 7 market, the market will adjust. Competition 8 will get, through the marketplace, the lowest 9 conceivable price at a profit for any good, 10 whether it's -- any goods or services, whether 11 it's gasoline or widgets. 12 So I'm opposed to this bill. And, 13 you know, when we debated it two years ago, my 14 opposition was much more theoretical about 15 anticompetitive practices. And four years ago 16 it was even more theoretical. 17 You look at today's gasoline prices 18 and you want to protect service station owners 19 from having any competition nearby? Under the 20 guise that, oh, the big bad oil companies can 21 squeeze their own franchisees who constitute 22 93 percent of their business in New York? 23 And by the way, Mr. President, a 24 large oil company that does not currently have 25 franchisees in New York State can come in and

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(518) 371-8910 1 locate anywhere. They're somehow exempt from 2 this. 3 Now, maybe that's good, because 4 we'd like to get more in for competition. But 5 keeping out the ones who already do business 6 in New York makes absolutely no sense, no 7 sense whatsoever. It will only protect the 8 profits of those who are already getting the 9 enormous profits. 10 I'm opposed to this bill, 11 Mr. President. 12 ACTING PRESIDENT MEIER: Senator 13 Padavan. 14 SENATOR PADAVAN: Thank you, 15 Mr. President. 16 Senator Connor, I think you missed 17 something that you can observe, as I observe 18 it, every time we ride down the Thruway. Most 19 of them are ExxonMobil. And you will notice 20 that at different places, the prices vary. 21 And by the way, substantially less everywhere 22 than they are in our city. But they vary. 23 Now, do you know why that's so? 24 Because in their franchise agreement with the 25 Thruway Authority they are required to

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(518) 371-8910 1 maintain a pricing level with the general 2 pricing level of that particular area of the 3 state they're in. They're required to do it. 4 Would they do it on their own? 5 Probably not. But that's the deal they enter 6 into to be able to have an ExxonMobil station 7 on the Thruway. 8 So you do have to somehow force 9 these people to be competitive. In that 10 instance, you could do it by virtue of the 11 contract, the franchise and so on. 12 Now, when I go to my district and 13 I'm on one end of it, in Flushing, and I look 14 at a Mobil station and I'm on the other end of 15 it, on the border of Nassau, the prices are 16 the same. They're the same. Very high, I 17 might add, but they're the same. 18 Which tells me in a very practical 19 way that whether they are independent owners 20 or whether they're owned by a large 21 conglomerate that has a number of stations, 22 they're fixing the prices. They're fixing the 23 prices. And there is no competition among 24 them. 25 Now, what Senator LaValle is

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(518) 371-8910 1 saying, as you just pointed out in your final 2 remarks, yeah, any other company can come in, 3 any other brand, and that will be competition 4 with ExxonMobil. But when you rely upon that 5 one entity to provide competition among its 6 retail outlets, you're kidding yourself. It's 7 not going to happen. It isn't happening. The 8 proof is in what you see every day. 9 Now, this bill isn't going to solve 10 all the problems, but I think it certainly 11 moves in the right direction of seeing that 12 they don't dominate a whole area, that other 13 kinds of retailers from other firms will be in 14 that vicinity and perhaps provide a 15 competition that does not currently exist. 16 ACTING PRESIDENT MEIER: Senator 17 Volker. 18 SENATOR VOLKER: Mr. President, 19 what is kind of comical -- I know what you're 20 saying, Marty, and I'm generally for 21 competition. 22 But when you're talking about 23 Manhattan, there's some reasons why the 24 Manhattan gas prices are as high as they are. 25 It's no secret that cities -- and New York has

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(518) 371-8910 1 got more regulations, more fees, more 2 everything than anyplace in the United States 3 of America. And frankly, most of the cities 4 do that. It's one reason why gas is higher, 5 why a lot of things are higher. 6 But there's something I have to 7 tell you. You see this memo here? You're on 8 the side of ExxonMobil and all the other 9 companies who are claiming exactly what you're 10 saying. But the only thing is they're 11 claiming the reverse of what you're saying. 12 They're saying that this bill will hurt them 13 and that therefore it will raise prices. 14 Well, you know, if it raises 15 prices, as you said, that's supposedly in 16 favor of the oil companies. So why would they 17 be opposed to raising prices and making more 18 money? The answer is this is all nonsense. 19 In many ways -- and by the way, I 20 have represented local service stations. I 21 think every time I had them sign a contract, I 22 gave them the same advice: Don't sign this 23 contract, it's a lousy contract, it's 24 ridiculous, da-da-da-da-da-da. But if you 25 have to sign it, sign it, and we'll do the

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(518) 371-8910 1 best we can. 2 Because if you ever read these 3 franchise contracts, they're so loaded on the 4 side of the company, it's just -- it's 5 idiotic. But there's not much you can do, 6 because they -- thanks in part to our own bad 7 practices, because we're the ones that throw 8 gasoline and oil companies out of this country 9 with our ridiculous environmental stuff. And 10 we don't have -- the big thing is we don't 11 have any new refineries. Put about five 12 refineries in this country, and the price will 13 plunge. But unfortunately, that's not going 14 to happen. We haven't built a refinery in 15 this country in twenty years. 16 Anyways, the bottom line is I don't 17 see where this bill does any damage. In fact, 18 I used to, as chairman of Energy, I'd be 19 opposed to this sort of thing. But then I 20 realized it really doesn't matter to price, 21 it's all a matter of dealing with the major 22 oil companies who, very honestly, have a 23 tremendous advantage. 24 What Senator LaValle is doing here 25 is something that in normal business is not a

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(518) 371-8910 1 good idea except that the way the system is 2 right now, they have all the advantages 3 anyway. And this bill, actually all it does 4 is give certain people -- that is, individuals 5 in an area -- the ability to deal with 6 other -- with big company stations. 7 But I have to tell you one thing. 8 Nobody in the oil business thinks this is a 9 good idea, because actually it works against 10 their best interests. So if you think this 11 helps the oil companies, you're absolutely 12 wrong. 13 ACTING PRESIDENT MEIER: Senator 14 Larkin. 15 SENATOR LARKIN: Thank you, 16 Mr. President. 17 I was really amazed at Senator 18 Connor's comment about what we're going to do 19 is to kill the industry. The industry was 20 killed in part because his side of the aisle 21 and in the other house, they don't want to 22 build refineries. We don't have any 23 refineries. 24 But when you talk about the number 25 of stations on, last September, Labor Day

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(518) 371-8910 1 weekend, I surveyed 35 gas stations. And what 2 did I find out? All the DBs that bought gas, 3 they bought it in Wappinger Falls. They had 4 14 stations. They told them: We will sell 5 you a hundred thousand gallons of gas, you'll 6 have a certified check. And by the way, this 7 is the price as of 1:00 p.m. this afternoon 8 for every station. 9 I did it to 35 stations, and I got 10 the same answer. I got it from Hess, I got it 11 from DB, I got it from Mobil, I got it from 12 Exxon, Amoco. They're in cahoots. And my 13 good friend Mr. Klein will say: We've got to 14 get somebody to look at it. So I did. We 15 have an Attorney General who has that 16 responsibility. And after two months 17 response, it came back signed by an attorney 18 in New York City, who probably couldn't find 19 Vails Gate, and said we've already done 35 20 investigations, and we're suing them and we're 21 doing this and we're doing that. 22 Guess what? Hasn't done any in my 23 area, because I went back to those 35 stations 24 and they said: Nobody's ever contacted us. 25 Now, you can go right here to

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(518) 371-8910 1 Saratoga, Stewart's in Saratoga. They set the 2 price of Stewart gas throughout the state of 3 New York. It isn't that guy on the corner. 4 And if you really want to know, go 5 down and ask the guy who runs the store. He 6 can set the price for the hot dogs, the 7 hamburgers, the cigarettes, the bubble gum or 8 what else, but he can't sent the price on the 9 Lotto machines, nor can he set the price on 10 gas, because his supplier makes that 11 determination. 12 And if you think putting more 13 stations in there is going to lower it, you're 14 foolish. I went this April, and I went to the 15 same 35 stations, and I got the same answer: 16 Nobody from the Attorney General's office has 17 ever contacted us, and we still buy gas in 18 bulk, and we still set the price per the 19 directions of those in Wappinger Falls. 20 So I commend Senator LaValle. 21 Because normally we think that more is better. 22 But sometimes when you take the pie away from 23 them, they realize that it's their turn. And 24 right now, we don't have any players helping 25 us.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Connor. 3 SENATOR CONNOR: Thank you, 4 Mr. President. 5 I want to thank Senator Padavan, 6 because I think he's just given us the 7 direction to get after the Thruway Authority. 8 I don't know why they're making those stations 9 on the Thruway rip us off every week. 10 The fact is, although I guess if we 11 get a new administration, they won't be able 12 to influence the Thruway Authority until 2010 13 or something, based on some of the things 14 we've done this week. 15 The fact, though, is, you know, we 16 have laws against monopolistic practices. We 17 have laws against price-fixing and 18 price-gouging. And we have laws against 19 franchisors unfairly extracting conditions, 20 anticompetitive conditions from their 21 franchisees. 22 And if you analyze this -- and I 23 have no sympathy for the large oil companies, 24 Mr. President, because as I started this 25 debate out, I said here we have contrasted the

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(518) 371-8910 1 greedy and the greedier, and I'm not sure 2 which side which falls on. That's why I talk 3 about competitive theory and existing 4 anticompetitive antitrust laws. 5 But if you consider to turn around 6 an argument we've heard that, oh, the big oil 7 companies wouldn't be against this, they say 8 in their memos they want to bring prices down, 9 but why would they want to do that. Well, the 10 other side of the coin is why does the 11 franchise-holder want a monopoly? It's not so 12 they can bring prices down either. 13 I don't know that there's any good 14 guys, that there's any good guys in this 15 fight. What I do know is that the marketplace 16 demands competition if you're going to get 17 fair prices. The fact that we don't have 18 that, the fact that oil companies allegedly 19 tell the franchisees what to charge, according 20 to some of my colleagues who have spoken here, 21 is precisely the reason this is a bad bill. 22 The rationale for this bill from 23 the franchisees is, oh, the big oil company 24 might open a station a half a mile down the 25 road and undercut my prices because of their

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(518) 371-8910 1 big economic power. That's contrary to what 2 I'm hearing from the other side of the aisle 3 that, oh, the big oil companies, they don't 4 want this bill so they can go in there and 5 charge higher prices. The franchisees are 6 saying, No, they'll undercut apply prices. 7 The real answer about the fair 8 price is competition, competition, and more 9 competition. That's why I'm against this 10 bill. 11 ACTING PRESIDENT MEIER: Senator 12 Fuschillo. 13 SENATOR FUSCHILLO: Thank you, 14 Mr. President. 15 I rise to support this legislation. 16 And I agree with what Senator Connor had 17 talked about. But this isn't textbook 18 economics. And what you just concluded in 19 your statement is why I rise. It's because 20 the independents are telling me that the 21 corporates that are less than a half a mile, 22 maybe a block or two, are undercutting them on 23 the prices of gasoline. 24 And I've got two gasoline stations, 25 ExxonMobil, in my home community where I live,

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(518) 371-8910 1 probably less than a quarter mile from each 2 other. The one furthest west is always a 3 couple of pennies cheaper than the one east. 4 And I go to the guy in the east and I asked 5 him why. And he said: "Because he's selling 6 gas, that's a corporate station, for what I'm 7 probably paying for it. And then he changes 8 my franchise agreement, ExxonMobil, right in 9 the middle of the agreement, because there 10 must be some clause legally that allows them 11 to do it that says my minimum's were 500,000 12 gallons a month. Now they've raised it to 13 750,000, just like that. And they go in and 14 put a snack shop and they tell me in six 15 months I have to take mine out. And then they 16 go in and they put a repair station, and they 17 tell me in six months I have to take mine 18 out." 19 So that's what I look upon this 20 bill doing, creating a level playing field. 21 You know, when I was a kid growing 22 up, Mr. President, all the major roads in my 23 town and throughout Nassau County were there 24 was commercial development had four gas 25 stations on every corner. You know, wherever

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(518) 371-8910 1 you went there was four gas stations. Now 2 there's one left. Maybe two or three are 3 abandoned, one became a bank, and the others 4 are just boarded up or they're painted black 5 or yellow or whatever the gas station does on 6 Long Island. And the one that's left is 7 corporate-owned, because of the examples I 8 just told you about how they're squeezing them 9 out. 10 So I don't look upon this as 11 anticompetition. I look upon it as bringing 12 competition for an industry that has none. 13 You know, Senator LaValle in his 14 opening remarks said the corporate power 15 allows them to do whatever they want. I look 16 upon it as the corporate greed allows them to 17 do whatever they want. Last Monday I paid 18 $2.87 on the Island -- I'm sorry, $3.17 on the 19 Island. Up here, a little further north, I 20 paid $2.87. 21 I asked somebody in the industry 22 that represents the independent retailers why, 23 why am I paying so much on the Island and, you 24 know -- not so little, it's still a lot, $2.87 25 a gallon up here. He says, "Well, they know

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(518) 371-8910 1 they can get away with it." 2 Corporates are dominating the 3 Island. The independents are being squeezed 4 out. Another guy came to me recently, they 5 raised his minimums 500,000 gallons a month to 6 a million. He'll be out of business in six 7 months. He's been in business 25 years; he'll 8 be out in six months. 9 So I look upon this as levelling 10 the playing field, allowing for competition. 11 You know, we lowered the sales tax. We tried 12 in our own way, as you said, Senator Connor, 13 in our own limited way to give relief. I 14 haven't seen it. I haven't seen it. They're 15 allowed to dictate whatever they want. 16 But it's a fact. It's a reality. 17 And we see it every single day. You mentioned 18 in New York City about the gas stations. When 19 I go into the city, I make sure I fill up 20 because of exactly what you said. I wouldn't 21 even know where to find a gas station. But 22 where I live, it's being -- it's an industry 23 that is becoming scarce. It's becoming 24 unknown to the independent retailers. And 25 they're seeing -- if they own their property,

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(518) 371-8910 1 they're saying, I can't stay here anymore, I 2 can't pass this on to my children. I've been 3 in business, this was my life's work. I'll 4 sell the property now and get out. 5 And it's unfortunate that these men 6 and women who dedicated their lives to 7 building up a business are having everything 8 taken away from them because of what's going 9 on in today's society, in reality, with the 10 economies of today, where the corporate greed 11 is just dictating what they want. 12 I'll be voting in the affirmative. 13 Thank you. 14 ACTING PRESIDENT MEIER: Senator 15 Alesi. 16 SENATOR ALESI: Thank you, 17 Mr. President. 18 For a number of years I've taken 19 very seriously this situation of company 20 stores and the lack of competition and in 21 fact, in my opinion, the manipulation of the 22 market. 23 And if you listen to what Senator 24 Fuschillo describes in his home area, you can 25 see the same thing in my home area and, I

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(518) 371-8910 1 suspect, anywhere else in this state. 2 Now, as a business owner and as 3 chairman of Commerce and Small Business, it's 4 always very difficult for me to stand up and 5 take on one business over another. But I 6 think that this is an issue that really 7 deserves our attention. 8 If you know anything about company 9 stores, you know that the major oil companies 10 that provide product to those company stores 11 do it at a price that is substantially less 12 than they give to the same brand stores just 13 down the street owned by an individual, 14 somebody that has a franchise. 15 And so when someone invests their 16 life savings, their blood, sweat, their tears 17 in a small business -- and maybe they own one 18 store, maybe even two -- and they're there 19 working it, like the person who lives just 20 next door to me, and they're putting 21 everything they have into that business and 22 they have to buy that product from the oil 23 company at a price that the oil company gives 24 them, and just down the road that oil company 25 opens up another superstore that it owns and

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(518) 371-8910 1 they sell to that store that they own the 2 product at substantially less -- and they're 3 competing with somebody that has a franchise 4 with them, that has a lease, and they're 5 selling gasoline for less money on a retail 6 basis than they are to somebody that has to 7 buy it from them. 8 Now, somebody can say that's the 9 marketplace; somebody can say that's fair. 10 But I don't think it is. 11 And I'll take this argument just a 12 little bit further, because there's a thing 13 called zone pricing, and this makes the 14 evidence even more clear how the big oil 15 companies can manipulate the market price. 16 They don't even have to have a 17 company store to sell the product at a smaller 18 price here than they do over here. They can 19 have two separate franchise-holders within a 20 few blocks of each other and just based on 21 what they call zone pricing, in other words, 22 an area's ability to pay, one area a little 23 more affluent than another, they fix the price 24 of that product at a higher price. And they 25 tell the retailer: This is what you have to

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(518) 371-8910 1 sell it -- this is what you have to buy it for 2 us for, and so you have to sell it for more. 3 And if you go down the street two 4 or three blocks where there's less ability to 5 pay because of the area, the buying power of 6 the people that live in that area, they sell 7 to them for less. And they say: You're going 8 to sell it at this price. 9 By the way, if you don't know that, 10 there's a range at which these retailers can 11 sell. They won't let them go above that 12 range. They have a stranglehold on these 13 small businesses. 14 And when you look at this zone 15 pricing and when you look at the company 16 stores, you can't miss the fact that there's 17 manipulation of the way this product is sold 18 to the various outlets. 19 So if you don't buy the fact that 20 it's unfair to the small business owner 21 because you're saying, Well, you know what, 22 that's the way the market works, then you have 23 to look at what the consumer is doing. And 24 the consumer is being affected by this kind of 25 manipulation. You and I, the people that we

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(518) 371-8910 1 tried to help when we did this sales tax 2 thing. You and I, the people that we try to 3 help in so many other ways to deal with the 4 high cost of living in this state. And you 5 can't help but recognize that the consumers 6 are getting burned just as much as those small 7 business owners are. 8 So, yes, I'm for a free market. Of 9 course I'm for a free market. But I also 10 recognize that when there's manipulation going 11 on that's patently unfair -- and in a free 12 market, there has to be some kind of fairness, 13 has to be fairness to those people that own a 14 franchise, that have to sign a lease with the 15 oil companies and buy those products, and 16 there has been to be fairness to the consumers 17 that are buying products at a cost that is 18 manipulated by the people providing the 19 product. 20 And I applaud the author of this 21 bill, and I will support it. 22 ACTING PRESIDENT MEIER: Senator 23 Farley. 24 SENATOR FARLEY: I just want to 25 say -- I wasn't going to speak on this bill.

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(518) 371-8910 1 But after listening to Senator Fuschillo and 2 Senator Alesi, I don't know how anybody can 3 vote against this. It's very, very -- this is 4 something that affects every one of us every 5 day of our life as we're on the road trying to 6 buy gasoline. It's terribly unfair. 7 Senator LaValle, I applaud you for 8 bringing this bill. This is a very 9 significant bill, and I hope that everybody 10 votes in favor of it. 11 ACTING PRESIDENT MEIER: Any 12 other Senator wish to be heard on this bill? 13 Debate is closed, then. 14 The Secretary will ring the bell. 15 Members will come to the chamber 16 for a vote, please. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MEIER: Senator 24 Schneiderman, to explain his vote. 25 SENATOR SCHNEIDERMAN: Thank you,

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(518) 371-8910 1 Mr. President. It's been an interesting 2 debate. I think that in the context of the 3 severe dislocation of many individuals and 4 businesses as a result of higher oil prices, 5 we need to revisit proposals like this that 6 have been around for quite a few years and get 7 periodically vetoed by the Governor. 8 There is an ongoing debate as to 9 whether or not to impose these sorts of 10 restrictions. The antitrust laws are 11 inherently restrictive of competition, and yet 12 we view them as something that provides a 13 long-term benefit. 14 I find that from my point of view, 15 this law is too arbitrary in terms of the 16 distances provided. It doesn't unbalance the 17 playing field in a way that I think is 18 productive in the current environment, and I 19 will therefore be voting in the negative. 20 Thank you, Mr. President. 21 ACTING PRESIDENT MEIER: Senator 22 Schneiderman will be recorded in the negative. 23 Senator Alesi, to explain his vote. 24 SENATOR ALESI: Thank you, 25 Mr. President.

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(518) 371-8910 1 To continue with the theme, but in 2 the time frame allowed to explain my vote, I 3 would just like to tell my colleagues here 4 that in addition to those things that I just 5 said, if you look around any neighborhood in 6 our state and you see boarded-up gas stations 7 that are no longer in operation, and they're 8 there for two or three or four years sitting 9 there doing nothing, you have to remember the 10 nature of a closed gas station. It's 11 extremely hard to do anything with that land 12 because of brownfields and contamination and 13 everything else. 14 And because of this unfair 15 competitive nature that's being imposed on 16 small businesses and consumers, those stations 17 are going to sit there as a blight on our 18 neighborhoods for untold years. And that's 19 another effect of this competitive situation 20 that is being manipulated by those oil 21 companies. 22 It's not just about small 23 businesses, it's not just about consumers, 24 it's actually creating blight in our 25 neighborhoods.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Alesi will be recorded in the affirmative. 3 Senator LaValle, to explain his 4 vote. 5 SENATOR LaVALLE: Thank you, 6 Mr. President. 7 I'd like to thank Senator 8 Fuschillo, as our chair of the Consumer 9 Protection Committee, for his continuous 10 support, and the support of my colleagues on 11 this very, very important piece of 12 legislation. 13 I think Senator Connor in his 14 remarks didn't realize that this legislation, 15 and I'm going to repeat it again, prohibits a 16 motor fuel refiner franchisor from directly 17 impacting the financial position of its 18 franchisee dealer or distributor by locating a 19 company-owned service station in direct 20 competition with such franchisee. 21 It allows for franchisee stations 22 to be opposite one another or would not be 23 impacted by this legislation. 24 I would also like to mention that 25 in the Governor's veto message, he very

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(518) 371-8910 1 specifically said that the sponsors and 2 proponents of this bill continue to raise 3 legitimate issues and concerns related to the 4 ability of dealer franchisees to compete with 5 their franchisors on a level playing field. 6 And this legislation is all about 7 competition and about trying to reduce gas 8 prices. I vote in the affirmative. 9 ACTING PRESIDENT MEIER: Senator 10 LaValle will be recorded in the affirmative. 11 Senator Onorato, to explain his 12 vote. 13 SENATOR ONORATO: To explain my 14 vote, Mr. President. 15 I think this is a very good bill. 16 Talking from personal experience 17 with my brother, who had a gasoline station 18 that was a franchisee, and they were forced to 19 increase their quota when they couldn't sell 20 the product, especially when it came to tires, 21 windshield wipers, and accessories that no one 22 in their right mind is going to come into a 23 gasoline station like that to pay the prices 24 that were required of them when they can go to 25 any of the distributors around for half the

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(518) 371-8910 1 price. So eventually they wound up having to 2 get out of the business. 3 So I'm voting in favor of this 4 bill. I vote aye. 5 ACTING PRESIDENT MEIER: Senator 6 Onorato will be recorded in the affirmative. 7 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 2191 are 10 Senators Andrews, Connor, Coppola, Dilan, 11 Gonzalez, Parker, Paterson, Schneiderman, 12 Serrano, A. Smith and Stachowski. 13 Absent from voting: Senator 14 C. Kruger. 15 Ayes, 48. Nays, 11. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 2208, by Senator Golden, Senate Print 8449, an 20 act to amend the Insurance Law. 21 ACTING PRESIDENT MEIER: Senator 22 Robach. 23 SENATOR ROBACH: Mr. President, 24 is there a message of necessity at the desk? 25 ACTING PRESIDENT MEIER: There is

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(518) 371-8910 1 a message at the desk. 2 SENATOR ROBACH: Move to accept. 3 ACTING PRESIDENT MEIER: All 4 those in favor of accepting the message of 5 necessity signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT MEIER: Those 8 opposed, nay. 9 (No response.) 10 ACTING PRESIDENT MEIER: The 11 message is accepted. 12 The bill is before the house. 13 The Secretary will read. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: In relation to 20 Calendar Number 2208, absent from voting: 21 Senator C. Kruger. 22 Ayes, 59. Nays, 0. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 Senator Robach, that completes the

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(518) 371-8910 1 calendar. 2 SENATOR ROBACH: Mr. President, 3 there will be an immediate meeting of the 4 Rules Committee. 5 The Senate will stand at ease until 6 the completion of that committee meeting. 7 ACTING PRESIDENT MEIER: 8 Immediate meeting of the Rules Committee. 9 The Senate will stand at ease 10 pending the report of the Rules Committee. 11 (Whereupon, the Senate stood at 12 ease at 12:18 p.m.) 13 (Whereupon, the Senate reconvened 14 at 12:31 p.m.) 15 ACTING PRESIDENT MEIER: Senator 16 Robach. 17 SENATOR ROBACH: Mr. President, 18 if we could return to reports of standing 19 committees. 20 ACTING PRESIDENT MEIER: Reports 21 of standing committees. 22 The Secretary will read the report 23 of the Committee on Rules. 24 THE SECRETARY: Senator Bruno, 25 from the Committee on Rules, reports the

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(518) 371-8910 1 following bills: 2 Senate Print 1002C, by Senator 3 LaValle, an act to amend the Volunteer 4 Firefighters Benefit Law; 5 1787, by Senator Balboni, an act to 6 amend the Penal Law; 7 4610A, by Senator Hannon, an act to 8 amend the Vehicle and Traffic Law; 9 4691A, by Senator Fuschillo, an act 10 to amend the Public Health Law; 11 4849A, by Senator DeFrancisco, an 12 act to amend the Criminal Procedure Law; 13 5944A, by Senator Montgomery, an 14 act to amend the General Municipal Law; 15 6607A, by Senator Robach, an act to 16 amend the Vehicle and Traffic Law; 17 7035C, by Senator DeFrancisco, an 18 act to amend the Uniform City Court Act; 19 7787, by Senator LaValle, an act to 20 amend Chapter 114 of the Laws of 1998; 21 7877, by Senator LaValle, an act to 22 amend the General Municipal Law; 23 8238, by Senator Hannon, an act to 24 amend the Public Health Law; 25 8349A, by Senator Bonacic, an act

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(518) 371-8910 1 to amend the Transportation Corporation Law; 2 8397B, by Senator Golden, an act to 3 amend the Judiciary Law; 4 Assembly Print 11923, by the 5 Assembly Committee on Rules, an act to amend 6 the Public Authorities Law; 7 Senate Print 4665A, by Senator 8 Robach, an act to amend the Retirement and 9 Social Security Law; 10 6903, by Senator Maltese, an act to 11 amend the Retirement and Social Security Law; 12 7386, by Senator Robach, an act to 13 amend Retirement and Social Security Law; 14 And Senate Print 8343, by the 15 Senate Committee on Rules, an act to amend the 16 Retirement and Social Security Law. 17 All bills ordered direct to third 18 reading. 19 ACTING PRESIDENT MEIER: Senator 20 Robach. 21 SENATOR ROBACH: Mr. President, 22 can we move to accept the report of the Rules 23 Committee, please. 24 ACTING PRESIDENT MEIER: All in 25 favor of accepting the report of the Rules

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(518) 371-8910 1 Committee signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT MEIER: Those 4 opposed, nay. 5 (No response.) 6 ACTING PRESIDENT MEIER: The 7 report of the Rules Committee is accepted. 8 Senator Robach. 9 SENATOR ROBACH: On the members' 10 desks is Supplemental Calendar 62A. If we 11 could go to the noncontroversial reading of 12 that calendar. 13 ACTING PRESIDENT MEIER: The 14 Secretary will conduct the noncontroversial 15 reading of Supplemental Calendar 62A. 16 Senator Robach, could we return to 17 motions and resolutions for a moment. 18 SENATOR ROBACH: Mr. President, 19 there are some motions on the floor. 20 ACTING PRESIDENT MEIER: Motions 21 and resolutions. 22 Senator Farley. 23 SENATOR FARLEY: Thank you, 24 Mr. President. 25 On behalf of Senator Fuschillo, I

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(518) 371-8910 1 wish to call up his bill, Print Number 8124, 2 recalled from the Assembly and it's now at the 3 desk. 4 ACTING PRESIDENT MEIER: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1928, by Senator Fuschillo, Senate Print 8124, 8 an act to amend the General Business Law. 9 SENATOR FARLEY: Mr. President, I 10 now move to reconsider the vote by which this 11 bill passed. 12 ACTING PRESIDENT MEIER: The 13 Secretary will call the roll on 14 reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 SENATOR FARLEY: I now offer the 18 following amendments. 19 ACTING PRESIDENT MEIER: The 20 amendments are received and adopted. 21 SENATOR FARLEY: Mr. President, 22 on behalf of Senator Padavan, I wish to call 23 up his bill, Senate Print 7691A, recalled from 24 the Assembly and it's now at your desk. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 2154, by Senator Padavan, Senate Print 7691A, 4 an act to amend the Family Court Act. 5 SENATOR FARLEY: Mr. President, I 6 now move to reconsider the vote by which this 7 bill was passed and I ask that the bill be 8 restored to the order of third reading. 9 ACTING PRESIDENT MEIER: Call the 10 roll on reconsideration. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT MEIER: The bill 14 will be restored to the order of third 15 reading. 16 SENATOR FARLEY: Thank you, 17 Mr. President. 18 I now move to discharge, from the 19 Committee on Rules, Assembly Print 10767A and 20 substitute it for Senator Padavan's identical 21 bill. 22 The Senate bill on the first 23 passage was voted unanimously. And I now move 24 that the substituted Assembly bill have its 25 third reading at this time.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: So 2 ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 2154, substituted earlier by Member of the 6 Assembly Rosenthal, Assembly Print Number 7 10767A, an act to amend the Family Court Act 8 and the Criminal Procedure Law. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 Senator Robach. 20 SENATOR ROBACH: Could we take up 21 that supplemental calendar, noncontroversial. 22 ACTING PRESIDENT MEIER: The 23 Secretary will read. 24 THE SECRETARY: In relation to 25 Calendar Number 2210, Senator LaValle moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 10309A and substitute it 3 for the identical Senate Bill Number 1002C, 4 Third Reading Calendar 2210. 5 ACTING PRESIDENT MEIER: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2210, by Member of the Assembly Magee, 10 Assembly Print Number 10309A, an act to amend 11 the Volunteer Firefighters Benefit Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2211, Senator Balboni moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 2833 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 1787, 2 Third Reading Calendar 2211. 3 ACTING PRESIDENT MEIER: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2211, by Member of the Assembly DiNapoli, 8 Assembly Print Number 2833, an act to amend 9 the Penal Law. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of 14 November. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MEIER: Senator 19 Balboni, to explain his vote. 20 SENATOR BALBONI: Mr. President, 21 this bill has been around for nine years, and 22 this is the first time it's going to become 23 law. 24 And I rise because there's a 25 gentleman who's been working this bill on

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(518) 371-8910 1 behalf of law enforcement for all nine years, 2 and that's Floyd Holloway. And he's retiring 3 this year, and this is the bill he wanted. 4 It's a substantive change. It 5 makes the use of a child in a drug transaction 6 a crime. And it's been amazing we haven't 7 been able to get this done before this, but 8 this is the year. 9 I vote aye, Mr. President. Thank 10 you. 11 ACTING PRESIDENT MEIER: Senator 12 Balboni will be recorded in the affirmative. 13 The Secretary will announce the 14 results. 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 2212, Senator Hannon moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 4294A and substitute it 22 for the identical Senate Bill Number 4610A, 23 Third Reading Calendar 2212. 24 ACTING PRESIDENT MEIER: 25 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 2212, by Member of the Assembly Hoyt, Assembly 4 Print Number 4294A, an act to amend the 5 Vehicle and Traffic Law. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 180th day. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 2213, Senator Fuschillo moves 18 to discharge, from the Committee on Rules, 19 Assembly Bill Number 6763A and substitute it 20 for the identical Senate Bill Number 4691A, 21 Third Reading Calendar 2213. 22 ACTING PRESIDENT MEIER: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2213, by Member of the Assembly Gottfried, 2 Assembly Print Number 6763A, an act to amend 3 the Public Health Law. 4 ACTING PRESIDENT MEIER: Read the 5 last section. 6 THE SECRETARY: Section 6. This 7 act shall take effect April 1, 2007. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 2214, by Senator DeFrancisco, Senate Print 16 4849A, an act to amend the Criminal Procedure 17 Law and the Penal Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT MEIER: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 2214 are 3 Senators Duane, L. Krueger, and Parker. 4 Ayes, 57. Nays, 3. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 2215, Senator Montgomery moves 9 to discharge, from the Committee on Rules, 10 Assembly Bill Number 9044A and substitute it 11 for the identical Senate Bill Number 5944A, 12 Third Reading Calendar 2215. 13 ACTING PRESIDENT MEIER: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 2215, by the Assembly Committee on Rules, 18 Assembly Print Number 9044A, an act to amend 19 the General Municipal Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall effect immediately. 24 ACTING PRESIDENT MEIER: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 2216, Senator Robach moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 10039A and substitute it 9 for the identical Senate Bill Number 6607A, 10 Third Reading Calendar 2216. 11 ACTING PRESIDENT MEIER: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 2216, by Member of the Assembly Morelle, 16 Assembly Print Number 10039A, an act to amend 17 the Vehicle and Traffic Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 2217, by Senator DeFrancisco, Senate Print 5 7035C, an act to amend the Uniform City Court 6 Act and the Judiciary Law. 7 ACTING PRESIDENT MEIER: Senator 8 Robach. 9 SENATOR ROBACH: Is there a 10 message of necessity at the desk, 11 Mr. President? 12 ACTING PRESIDENT MEIER: There 13 is. 14 SENATOR ROBACH: Move to accept. 15 ACTING PRESIDENT MEIER: All 16 those in favor of accepting the message of 17 necessity signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT MEIER: Those 20 opposed, nay. 21 (No response.) 22 ACTING PRESIDENT MEIER: The 23 message is accepted. 24 The bill is before the house. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 10. This 2 act shall take effect on the first of April 3 next succeeding. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 2218, by Senator LaValle, Senate Print 7787, 12 an act to amend Chapter 114 of the Laws of 13 1998. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: There is 19 a home-rule message at the desk. 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 2219, Senator LaValle moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 10983 and substitute it 4 for the identical Senate Bill Number 7877, 5 Third Reading Calendar 2219. 6 ACTING PRESIDENT MEIER: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 2219, by Member of the Assembly Sweeney, 11 Assembly Print Number 10983, an act to amend 12 the General Municipal Law. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect January 1, 2007. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 2220, Senator Hannon moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 10690A and substitute it 2 for the identical Senate Bill Number 8238, 3 Third Reading Calendar 2220. 4 ACTING PRESIDENT MEIER: 5 Substituted ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2220, by Member of the Assembly Gottfried, 9 Assembly Print Number 10690A, an act to amend 10 the Public Health Law. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 2221, by Senator Bonacic, Senate Print 8349A, 23 an act to amend the Transportation -- 24 SENATOR HASSELL-THOMPSON: Lay it 25 aside.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 2223, by the Assembly Committee on Rules, 5 Assembly Print Number 11923, an act to amend 6 the Public Authorities Law. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 6. This 10 act shall take effect on the same date and in 11 the same manner as a chapter of the Laws of 12 2006. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 2224, Senator Robach moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 11434 and substitute it 23 for the identical Senate Bill Number 4665A, 24 Third Reading Calendar 2224. 25 ACTING PRESIDENT MEIER:

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(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 2224, by Member of the Assembly Abbate, 5 Assembly Print Number 11434, an act to amend 6 the Retirement and Social Security Law. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 2225, Senator Maltese moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 10223 and substitute it 21 for the identical Senate Bill Number 6903, 22 Third Reading Calendar 2225. 23 ACTING PRESIDENT MEIER: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2225, by Member of the Assembly Lentol, 3 Assembly Print Number 10223, an act to amend 4 the Retirement and Social Security Law. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 2226, Senator Robach moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 3340A and substitute it 19 for the identical Senate Bill Number 7386, 20 Third Reading Calendar 2226. 21 ACTING PRESIDENT MEIER: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2226, by Member of the Assembly Destito,

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(518) 371-8910 1 Assembly Print Number 3340A, an act to amend 2 the Retirement and Social Security Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 2227, Senator Bruno moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 11019 and substitute it 17 for the identical Senate Bill Number 8343, 18 Third Reading Calendar 2227. 19 ACTING PRESIDENT MEIER: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 2227, by Member of the Assembly Abbate, 24 Assembly Print Number 11019, an act to amend 25 the Retirement and Social Security Law.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 Senator Robach, that completes the 12 noncontroversial reading of Supplemental 13 Calendar 62A. 14 SENATOR ROBACH: Mr. President, 15 if we could just stand at ease momentarily. 16 ACTING PRESIDENT MEIER: The 17 Senate will stand at ease. 18 (Whereupon, the Senate stood at 19 ease at 12:47 p.m.) 20 (Whereupon, the Senate reconvened 21 at 1:25 p.m.) 22 ACTING PRESIDENT LITTLE: Senator 23 Robach. 24 SENATOR ROBACH: Yes, Madam 25 President. If we could continue with the

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(518) 371-8910 1 calendar, moving to Calendar Number 1762. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1762, by Senator Little, Senate Print 8092A, 7 an act to legalize, validate, ratify and 8 confirm. 9 ACTING PRESIDENT LITTLE: There 10 is a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 Senator Robach. 21 SENATOR ROBACH: Yes, can we now 22 go to Calendar Number 2001, please. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 2001, Senator Hannon moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 11896A and substitute it 5 for the identical Senate Bill Number 8278A, 6 Third Reading Calendar 2001. 7 ACTING PRESIDENT LITTLE: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 2001, by the Assembly Committee on Rules, 12 Assembly Print Number 11896A, an act to 13 authorize the Village of Hempstead. 14 ACTING PRESIDENT LITTLE: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 Senator Robach.

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(518) 371-8910 1 SENATOR ROBACH: Madam President, 2 if we could now proceed to Calendar 2209, 3 please. 4 ACTING PRESIDENT LITTLE: The 5 Secretary will read. 6 THE SECRETARY: In relation to 7 Calendar Number 2209, Senator Morahan moves to 8 discharge, from the Committee on Codes, 9 Assembly Bill Number 8939A and substitute it 10 for the identical Senate Bill Number 8459, 11 Third Reading Calendar 2209. 12 ACTING PRESIDENT LITTLE: The 13 substitution is ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2209, by the Assembly Committee on Rules, 17 Assembly Print Number 8939A, an act to amend 18 the Penal Law and the Correction Law. 19 ACTING PRESIDENT LITTLE: Read 20 the last section. 21 THE SECRETARY: Section 2. 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 ACTING PRESIDENT LITTLE: Senator 2 Morahan, to explain his vote. 3 SENATOR MORAHAN: Thank you, 4 Madam President. 5 This bill creates a new Class A-II 6 felony -- actually, two of them -- for 7 predatory sexual assault. 8 Sometime back, in Florida, a young 9 girl by the name of Jessica Lunsford was 10 abducted right under a TV camera, taken away 11 and murdered. This young lady had no chance. 12 But the sexual predator, the murderer, who's 13 now under the sentence for murder, under 14 conviction, when he was convicted had 15 previously committed a sexual assault as we 16 are now creating today. 17 If he had been convicted under that 18 on one of his prior assaults which he did 19 commit, he would not have been on the streets 20 to abduct this young kid. 21 And therefore, today, we're going 22 to strengthen the penalties by creating these 23 new felonies. These will cover such crimes as 24 when they cause serious physical injury to the 25 victim or uses or threatens immediate use of a

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(518) 371-8910 1 dangerous instrument, or if he or she commits 2 a Class B violent felony sex offense against 3 more than one person, or he or she has 4 previously been convicted of a felony sex 5 offense, incest, or use of a child in a sexual 6 performed, or he or she commits a Class B 7 violent felony sex offense and the victim is 8 less than 13 years of age. 9 Upon conviction under these 10 felonies, the person to be sentenced will be 11 subject to life in prison with a minimum of 12 not less than 10 years to 25. 13 So I think it's a good, strong 14 bill. It's in answer to the Megan's Parents 15 people who are out there lobbying for this 16 bill. And hopefully we'll get this sort of 17 measure across the United States. 18 Thank you, Madam President. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Robach. 22 SENATOR ROBACH: Yes, Madam 23 President, very briefly. 24 Let me thank Senator Morahan for 25 this work. This is a bill that is very, very

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(518) 371-8910 1 much needed. There's no question we wish this 2 didn't happen in our society. But as has been 3 pointed out already, when you look at who the 4 perpetrators of this are, rarely it is a new 5 area. They're oftentimes involved in these 6 types of activities repeatedly. 7 And we have a small sliver of our 8 society wreaking a tremendous amount of 9 damage, havoc, loss of life and long-term 10 damage to women and children in our society. 11 So I feel that this bill will 12 really not only go a long way to address that 13 and get some of these people that need to be 14 off the streets and away from people they can 15 violate, but I also think it's going to 16 restore a little bit more confidence into our 17 system. Because this is one of the areas when 18 children are abducted, when they're 19 brutalized, killed, society and people often 20 talk about this -- and this is an area where 21 people frequently say to me, having worked in 22 the criminal justice system prior to my time 23 in the Senate, how do we have a system that 24 allows this guy to be out there violating once 25 already and then be out there again now to not

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(518) 371-8910 1 only violate but take the next step and even 2 take a life on top of that. 3 This will do both of those things, 4 stop that from happening and, I also believe, 5 be responsive to the public that wants that 6 confidence restored in protecting our women 7 and children. 8 So I applaud Senator Morahan in 9 getting this bill through, and I think it will 10 serve New Yorkers well and make them safe. 11 Thank you. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Skelos. 15 SENATOR SKELOS: Thank you, Madam 16 President. 17 I want to congratulate Senator 18 Morahan on this great bill because really it 19 caps off what I think has been an extremely 20 successful year in this Legislature in terms 21 of reforming and even making better our 22 criminal justice system. 23 We started off this year in 24 reforming Megan's Law to make sure that all 25 violent Class 3, lifetime registration. Level

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(518) 371-8910 1 2, lifetime registration with an opportunity 2 after 30 years to petition. And Level 1, 3 20 years requirement of registration. 4 We've moved along now with this 5 piece of legislation, which is critically 6 important to the whole picture. 7 We've expanded the DNA database so 8 that we can capture some of these individuals 9 that commit these horrendous crimes and 10 hopefully prevent future crimes. And of 11 course we've removed the statute of 12 limitations on rape, which is really probably 13 the biggest injustice that has been in our 14 criminal justice system. 15 So I think this year's criminal 16 justice package is something that we can all 17 be very proud of. And I'm very happy that 18 Laura Ahearn, from Parents for Megan's Law, is 19 here, because I know that she's been a strong 20 advocate of reforming and improving Megan's 21 Law. 22 This is something again, if I can 23 repeat, all of us can go back to our 24 respective constituents, to the parents within 25 our communities, our law-abiding citizens, and

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(518) 371-8910 1 say: We've done right by you. 2 This has been a great year. And, 3 Madam President, I'm happy to vote for Senator 4 Morahan's bill. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Ayes, 61. Nays, 10 0. 11 ACTING PRESIDENT LITTLE: The 12 bill is passed. 13 Senator Robach. 14 SENATOR ROBACH: Yes, Madam 15 President. If we could go to the 16 controversial reading of Calendar Number 62A, 17 Calendar Number 2221, by Senator Bonacic. 18 ACTING PRESIDENT LITTLE: The 19 Secretary will ring the bell. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 2221, by Senator Bonacic, Senate Print 8349A, 23 an act to amend the Transportation Corporation 24 Law. 25 SENATOR SCHNEIDERMAN:

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(518) 371-8910 1 Explanation. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Bonacic, for an 5 explanation. 6 SENATOR BONACIC: Thank you, 7 Madam President. 8 Before I explain the bill, I want 9 to thank Senator Bruno. I want to thank 10 Senator Larkin, Senator Libous, Senator Meier, 11 and Senator Seward for the work that they did 12 on this legislation. 13 What this legislation does, it 14 removes the power of eminent domain for those 15 gas and electric transportation companies if 16 three conditions are met: (1) the line begins 17 and ends in the State of New York; (2) 18 representatives of that particular gas and 19 electric transportation company testify that 20 rates in fact go up as a result of their 21 activity in certain portions of the state; and 22 (3) where that particular applicant has sought 23 and did not receive an early designation to be 24 a National Interest Electric Transmission 25 Corridor under the Energy Policy Act of 2005.

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(518) 371-8910 1 Only if those three conditions are 2 met the power of eminent domain is eliminated. 3 Now, let me say this. I've worked 4 in the energy field for four years while I was 5 going to law school. I realize how important 6 it is to have the tool of eminent domain, for 7 purposes of, one, delivering utility to not 8 only parts of this state but part of the 9 United States; two, if we have to enhance 10 power, enhance our infrastructure, or enhance 11 reliability of our infrastructure. 12 So it's a necessary tool that we 13 must keep in order to serve the public good of 14 delivering gas and electric. 15 But the power of eminent domain can 16 be very destructive and traumatic for those 17 homeowners who are losing their homes or 18 having part of their homes or land diminished. 19 So only in the three conditions that I've 20 mentioned that the power of eminent domain is 21 removed. 22 ACTING PRESIDENT LITTLE: Senator 23 Schneiderman. 24 SENATOR SCHNEIDERMAN: Thank you, 25 Madam President. If the sponsor would yield

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(518) 371-8910 1 for a few questions. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Bonacic? 5 SENATOR BONACIC: Absolutely. 6 Yes, I do. 7 ACTING PRESIDENT LITTLE: The 8 Senator yields. 9 SENATOR SCHNEIDERMAN: I have 10 some concern about the effect of this. But I 11 have more concern about the drafting, which 12 I'm afraid might result in difficulties of 13 interpretation down the road. 14 The bill states that it only -- 15 that the normal procedures for eminent domain 16 that we've followed for years in New York, and 17 that provide mechanisms for people to object 18 to the exercise of eminent domain by power 19 companies, will not apply to any merchant 20 transmission company which commences and ends 21 in the State of New York. 22 It doesn't refer to a transmission 23 line, it refers to a company. So the way I 24 read that, doesn't that say that the company 25 has to be incorporated and then dissolved in

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(518) 371-8910 1 the State of New York? 2 SENATOR BONACIC: It does not. 3 What it is is it is a transportation company 4 that is in the business of delivering or 5 transporting gas and/or electric within our 6 state. It does not speak of place of 7 incorporation. 8 SENATOR SCHNEIDERMAN: And 9 through you, Madam President, if the sponsor 10 would continue to yield. 11 SENATOR BONACIC: Yes. 12 ACTING PRESIDENT LITTLE: Thank 13 you. The Senator continues to yield. 14 SENATOR SCHNEIDERMAN: The next 15 section, next paragraph refers to that this 16 company's employees, agents, representatives 17 or assigns, having represented in testimony 18 that the construction of a power transmission 19 line will increase electric rates in any part 20 of the state. 21 Is there any restriction on where 22 that testimony could be? Sworn, at a hearing, 23 in court? Any definition of what that means? 24 SENATOR BONACIC: The short 25 answer is no.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: And 2 finally, in the next section, through you, 3 Madam President, is there any definition to 4 the term "early designation"? 5 SENATOR BONACIC: Excuse me, 6 Senator. You want to know what "early 7 national designation" means? 8 SENATOR SCHNEIDERMAN: Through 9 you, Madam President, yes, I'm interested in 10 knowing if early designation as a national 11 interest electric transmission, as opposed to 12 designation generally, is a term of art that's 13 defined anywhere in law or regulation. 14 SENATOR BONACIC: I understand 15 your question. 16 We are referring to the national 17 energy act of -- the Federal Energy Act of 18 2005. And when we speak of early special 19 national designation, it's with respect to an 20 application to the Department of Energy in 21 Washington. 22 SENATOR SCHNEIDERMAN: Thank you. 23 And through you, Madam President, 24 if the sponsor would continue to yield. 25 SENATOR BONACIC: Yes, I do.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Bonacic continues to yield. 3 SENATOR SCHNEIDERMAN: So am I 4 correct in my understanding that the intent of 5 this is really to narrow the application of 6 the limitation this statute would imposed on 7 eminent domain power in New York State so that 8 it would clearly relate to one project and may 9 or may not relate to other projects, but a 10 particular project that is in fact on the 11 drawing board right now? 12 SENATOR BONACIC: The intent is 13 the language in the bill. If it meets the 14 three conditions in the future, then it will 15 also apply to a future company in the 16 transportation of gas and/or electric. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Madam President. Thank the sponsor for his 19 answers. On the bill. 20 ACTING PRESIDENT LITTLE: On the 21 bill, Senator Schneiderman. 22 SENATOR SCHNEIDERMAN: I 23 understand that the testimony that's referred 24 to in this legislation included statements 25 that electric rates could conceivably go up in

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(518) 371-8910 1 some parts of Central New York while they 2 would probably go down in the Hudson River 3 Valley and some other parts of this state. 4 I realize that this is a problem 5 for people who are concerned about electric 6 rates, which are already too high. But I am 7 very concerned about us having special, 8 vaguely drafted requirements to limit the 9 exercise of eminent domain. 10 Eminent domain procedure provides 11 affected landowners the right to notice and 12 opportunity to oppose their land's 13 condemnation. It provides for a judicial 14 review, it provides for opportunities to 15 intervene. 16 This would circumvent that entire 17 process and essentially say, as to this 18 particular project, we're taking away the 19 power which other transmission companies 20 exercise all the time. 21 I do have a concern about it. I 22 also have a concern, quite frankly, about the 23 intervention in the market when we do need 24 additional transmission lines to the suburbs 25 of New York City, New York City, and Long

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(518) 371-8910 1 Island. I think this is a tremendous problem. 2 People talk about the need for more 3 power plants. The problem is that we have a 4 lot of power we can't get the transmission 5 lines that exist, because even though parts of 6 New York and upstate New York and Western New 7 York are in the grid where we're able to 8 access a lot of power from other parts of the 9 country and in fact in Canada, it can't get 10 through transmission lines to the suburbs and 11 the city. The result is much higher prices 12 there. 13 The project that is at issue I 14 think would reduce the prices, although I'm 15 not clear it would have a tremendously 16 beneficial effect. But I do have a concern 17 about the language of the statute. I do have 18 a concern about the lack of definition. When 19 you're talking about represented in testimony, 20 I suppose they could testify to each other or 21 hold their own hearing. 22 So I'm not sure it is as narrowly 23 tailored as the sponsor intends it to be. I 24 think this could very well create confusion 25 down the road, resulting in other companies

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(518) 371-8910 1 attempting to invoke this particular statute. 2 So my inclination is to vote 3 against this. I think that we do need more 4 transmission lines. I understand that it 5 burdens the people through whose neighborhoods 6 and properties the transmission lines run. 7 But it is something that I would be very, very 8 hesitant to vote against both because of the 9 drafting issues, the unprecedented 10 intervention in the eminent domain procedure, 11 and the effect of lessening the transmission 12 capacity to the suburbs, particularly, in this 13 case, the Hudson River Valley suburbs of 14 New York City. 15 Thank you, Madam President. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Wright. 19 SENATOR WRIGHT: Thank you, Madam 20 President. On the bill. 21 ACTING PRESIDENT LITTLE: Thank 22 you. Senator Wright, on the bill. 23 SENATOR WRIGHT: I certainly 24 appreciate my colleague's efforts in 25 addressing the constituent concerns that have

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(518) 371-8910 1 been raised in his districts. 2 I had occasion about a week ago to 3 join four of my colleagues from both sides of 4 the aisle in Norwich, with some 500 5 individuals in attendance expressing their 6 concerns and opposition to this particular 7 line. 8 And I think, based on what I've 9 seen and know and have heard, that that's 10 consistent up and down this line. Whether 11 it's in Norwich or whether it's in Monticello 12 or Otisville, at the southern end, it's a 13 consistent opposition to the proposal that has 14 been advanced. 15 And I certainly appreciate, 16 understand, and respect the efforts of my 17 colleagues to try to address that concern in a 18 forthright manner. 19 Having said that, though, I 20 sincerely believe that this legislation is the 21 wrong approach. It does two things that 22 concern me. 23 Number one, it sends a very 24 chilling message to anyone who's looking to 25 invest in the energy field and make the

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(518) 371-8910 1 investments in the State of New York. 2 New York, as many others, has 3 encouraged private development to take on the 4 initiatives of transmission and generation, to 5 ensure that we have adequate capacity not only 6 for our existing needs but for future needs. 7 And this is the type of investment 8 that is required. Maybe not this particular 9 project, but it is the type of investment that 10 is required. And this sends a bad signal to 11 those individuals making that investment. 12 Secondly, and I think it's even 13 more compelling, is my concern that this sends 14 the wrong signal to the federal government. 15 It is because of legislation such as this that 16 we have the federal government injecting 17 itself into siting decisions in this state and 18 elsewhere, because they are becoming convinced 19 that we are incapable of achieving the needs 20 that our citizens and others have and, at the 21 same time, completing necessary projects, be 22 it electrical transmission, natural gas 23 transmission. 24 And so you've seen the federal 25 government set the stage, as it has with

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(518) 371-8910 1 natural gas, they're now doing with 2 electricity and this concept of essential 3 corridors. 4 My concern is that we are not in 5 effect defeating the need for essential 6 corridors but, by passing legislation like 7 this, we're demonstrating the need for federal 8 intervention. I think that sends the wrong 9 message to what we need to be doing in the 10 energy arena here in the state. 11 I have the same concerns my 12 colleagues have about this project. I think 13 there are more than one fatal flaws to the 14 project that will result in its demise. 15 I'm concerned that this 16 legislation, though, in a broader context has 17 a very adverse impact on our overall energy 18 future. And as a result, I will be voting no. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Alesi. 22 SENATOR ALESI: Thank you, Madam 23 President. 24 I give great respect to Senator 25 Bonacic's approach and his attempt to solve a

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(518) 371-8910 1 problem that I'm sure is very close to his 2 heart. 3 But as one someone who has spent a 4 great deal of time on the issue of eminent 5 domain, and as someone who has just in this 6 house yesterday passed a bill that establishes 7 a commission to deal with eminent domain from 8 a comprehensive standpoint, I would have to 9 say that I cannot embrace a piecemeal approach 10 to the issue of eminent domain. 11 I think that -- again, with all 12 respect to my good friend and colleague -- tat 13 if we are going to approach this issue of 14 eminent domain, that we would be better served 15 to look at New York State from a very broad 16 viewpoint. When you look at the Niagara Falls 17 area, when you look at any other place in 18 New York State, you have to recognize that 19 there are many dissimilar approaches to the 20 transmission of energy, and yet the end result 21 hopefully is bring energy to the people in the 22 best possible way and at the cheapest possible 23 cost. 24 But that is done by companies who 25 have to make investments. And we cannot risk

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(518) 371-8910 1 discouraging those investments from being made 2 any more than we can risk the possible 3 disruption of the delivery of energy. 4 And so I would be very hopeful that 5 if the Assembly would pass the Commission on 6 Eminent Domain, that this would be one of the 7 kinds of issues that could be studied in a 8 comprehensive way rather than a piecemeal way, 9 and I believe that the state and its citizens 10 would be better served. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, Madam 15 President. 16 I have certainly great respect for 17 both Senator Wright, the chairman of the 18 Energy Committee, and Senator Alesi. And I 19 agree that, normally, doing something in 20 piecemeal fashion isn't the best way to do it. 21 But I join Senator Bonacic and my 22 colleagues that support this legislation, 23 because when you're representing the public 24 good, and in many cases you're protecting the 25 public, that is an obligation and a

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(518) 371-8910 1 responsibility that we have. And sometimes, 2 because of that, you have to do things in an 3 unorthodox fashion. 4 Senator Wright, I thank you and 5 applaud you for joining us in Norwich last 6 week. And I think, although as chairman of 7 the Energy Committee -- and I know you have a 8 global responsibility -- I think you saw that 9 it was very clear to all of us that this 10 particular project that this piece of 11 legislation would have an effect on would be 12 extremely detrimental to a major portion of 13 this state: disruptive to property owners, 14 disrespectful to property owners, disruptive 15 to the environment. 16 Incredibly disruptive to the 17 environment. I have some very serious 18 concerns about how it will disrupt our 19 environment, not only from a scenic -- 20 beautiful, scenic environmental view that we 21 have in upstate New York but as far as 22 affecting our streams and water aquifers and a 23 whole host of environmental problems. 24 But I think what was really 25 bothersome is that while I understand that we

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(518) 371-8910 1 as a state have to have an extensive energy 2 policy and look for how we generate and create 3 energy in our state all over the state -- from 4 upstate to downstate to Long Island to 5 New York City -- this project, the individuals 6 who are pushing this project forward were 7 extremely evasive in what their intent was, 8 what their recommendations were, what their 9 solutions were and even to the point where it 10 was mentioned by Senator Schneiderman whether 11 this would have an effect on a New York State 12 company. 13 When I asked them where the company 14 was headquartered, they couldn't tell me. 15 When I asked them who paid their salary, they 16 couldn't tell me. When I shared with them 17 some additional subsidiaries, they said they 18 had no knowledge of those subsidiaries, but 19 directors of those subsidiaries actually 20 served as officers of their company. And in 21 one case was the treasurer that signed their 22 paycheck. 23 So I think that we have a 24 responsibility. And I applaud Senator 25 Bonacic, Senator Seward, Senator Meier, my

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(518) 371-8910 1 colleagues for joining me on this and moving 2 forward, because there comes a point in time 3 where maybe it isn't the perfect situation in 4 addressing energy policy, but this is for the 5 public good. And we will do everything we can 6 to protect the people that we represent. 7 And that's what this legislation 8 does. It protects them, it protects their 9 property. 10 Now, where I come from, Madam 11 President, property is probably the greatest 12 part of their individual wealth, whether they 13 be a farmer, whether they be an individual who 14 works in manufacturing. And to protect this 15 company that we don't really know where they 16 come from or where they exist, because they 17 couldn't disclose that, to protect them from 18 whomever these folks are I think is our 19 responsibility. 20 So I support Senator Bonacic and my 21 colleagues. This is a good piece of 22 legislation. This addresses a very specific 23 issue. This is a very serious issue at this 24 time. And I would urge my colleagues to join 25 us, because at some point in time in the

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(518) 371-8910 1 future they may have a very similar situation 2 in which the people they represent come to 3 them unanimously -- unanimously. No one is 4 for this specific project. No one has come to 5 me except for the three people who showed up 6 at the hearing who represent the company but 7 they don't know who pays them -- they're the 8 only three people who support this project. 9 So I would urge my colleagues to 10 join us in passing this very, very serious and 11 important legislation today. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Bonacic. 15 SENATOR BONACIC: I wanted to -- 16 I tried to respond to Senator Schneiderman's 17 questions, but I wanted to give a little 18 background of what we're dealing with. 19 Since the Federal Energy Act of 20 2005 was formed, what it did is it gave 21 incentives for a new breed of energy 22 companies, what we call a transporter of gas 23 and electric. They don't generate 24 electricity, they just deliver it. 25 And what it's done, it's opened the

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(518) 371-8910 1 door for what I call maverick energy 2 companies. Their sole purpose is profit, 3 greed, as much money as they could put in 4 their pocket. I know that's the American way 5 when you go in the private sector. 6 They are not regulated like Con 7 Edison, Central Hudson. Those energy 8 companies are what I call quasi-public. They 9 want to raise rates, they have to go and 10 justify why they do things. 11 But this new brand of energy 12 companies that are going to come forward -- 13 and we've seen one emerge -- are not in the 14 best interests of the public that we serve 15 when they come to a hearing and give testimony 16 that as a result of their activity, rates, 17 electric rates are going to go up for 18 thousands and thousands of people at least 5 19 to 7 percent so they can deliver energy to 20 other parts of the state. 21 Now, we have a sponsor in the 22 Assembly. I have no memos in support or 23 opposition in my file on the amended version 24 of this bill, which were the three conditions 25 that I spoke about earlier. Originally there

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(518) 371-8910 1 were memos in opposition from the Business 2 Council, the Independent Power Producers, and 3 the Energy Association. But on the amended 4 bill, there's no opposition that I've received 5 in writing. And in fact, I have a memo of 6 support from the National Federation of 7 Independent Business on the amended bill. 8 So I just wanted to share some of 9 the background that we're dealing with a new 10 breed of company that's emerging. And when 11 they come in, and if they come in, to other 12 parts of the state where, as Senator Libous 13 spoke, that you will be affected adversely, 14 where rates will go up, then I say to you: We 15 don't have a good public policy when it comes 16 to allowing these transportation companies to 17 proliferate and profit excessively because 18 they're not regulated like others. They give 19 power to the wholesaler, who gives it to the 20 retailer. Okay? That's how it works. 21 And I can't imagine an energy 22 policy in this state that allows companies to 23 come in that hurt, hurt, a large portion of 24 people living in the State of New York to 25 either stabilize or give more energy to other

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(518) 371-8910 1 parts of the state. Because what might 2 benefit you today and hurts others, tomorrow 3 it will be reversed. 4 So it's rational for the State of 5 New York to step up, in that very limited, 6 very limited situation, to take away the power 7 of eminent domain for those kinds of maverick 8 energy companies. 9 I started this off -- and I respect 10 Senator Wright's remarks as the chair of the 11 Energy Committee. And I've said we need the 12 power of eminent domain to deliver energy. 13 But when it comes to these maverick 14 companies, in those limited situations in 15 meeting those three conditions that I believe 16 will safeguard all of the residents -- not 17 only today for a particular project that 18 several Senators don't like, but it protects 19 others when new ones come in that might affect 20 your constituents in an adverse way -- this is 21 a rational policy that the state can impose in 22 a very, very limited way in curtailing the 23 power of eminent domain. 24 And that is why I not only 25 sponsored the bill, I'm supporting it.

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(518) 371-8910 1 Thank you very much, Madam 2 President. 3 SENATOR SCHNEIDERMAN: Madam 4 President, if Senator Bonacic would yield for 5 a question, please. 6 ACTING PRESIDENT LITTLE: Senator 7 Bonacic, do you yield? 8 SENATOR BONACIC: I will, of 9 course. 10 ACTING PRESIDENT LITTLE: The 11 Senator yields. 12 SENATOR SCHNEIDERMAN: You 13 mentioned before that there were no memoranda 14 in opposition to the amended version of the 15 bill. Have you not received the memo from the 16 Energy Association of New York State in 17 opposition to the amended version? 18 SENATOR BONACIC: May I ask you 19 when is that dated? 20 SENATOR SCHNEIDERMAN: That is 21 dated June 21st. Does that not apply to this 22 bill? 23 SENATOR BONACIC: I don't have 24 that in my file, and I will take a look at it 25 if you --

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: I will 2 send a copy over to you via emergency 3 messenger. 4 Thank you, Madam President. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator DeFrancisco. 8 SENATOR DeFRANCISCO: Yes, I rise 9 to support the bill. And I just want to 10 comment a little bit about the concept of 11 eminent domain. 12 Senator Alesi discussed the fact 13 that we have a bill that was passed yesterday 14 calling for a comprehensive study of eminent 15 domain. It basically calls for the 16 commencement of a commission 90 days after the 17 enactment of that particular bill, that law 18 once it's signed, and a report within a year 19 thereafter. And that's why I supported it, 20 because there's a short window. 21 However, the problem of eminent 22 domain is so serious in this state, especially 23 after the Kelo decision, which was decided 24 just about -- almost exactly a year ago, 25 giving -- affirming the state's broad rights

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(518) 371-8910 1 to take property of private individuals simply 2 because the ultimate taxes, property taxes 3 that will be received once the new developer 4 comes in will be more than what the previous 5 owner was paying. Now, that's a very 6 dangerous situation. 7 Certainly we should have a policy 8 that is consistent, a policy based upon a 9 comprehensive study. I can understand that. 10 However, in this session alone we passed an 11 eminent domain bill preventing the taking by a 12 municipality of a private golf course. That's 13 a specific instance, specific case. It was a 14 case that was compelling in my mind. I voted 15 for it. I thought it's a pretty onerous 16 situation to take over a private golf course 17 so the municipality can own the same golf 18 course. I mean, how amazing is that concept? 19 Well, that's the same thing we have 20 here with Senator Bonacic's bill. Eminent 21 domain abuses are occurring all over the state 22 every day of the week. And if there's an 23 emergency situation, if there's a situation 24 that's got to be addressed before this study 25 takes place or is completed, then certainly we

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(518) 371-8910 1 should act upon it for the people in that 2 district. 3 Just a point that some people might 4 know, since we handled the eminent domain 5 hearings in the Senate Judiciary Committee. 6 At least -- I know Senator Alesi handled them 7 throughout the state, but in the Senate 8 Judiciary Committee we had one here in Albany. 9 And during the course of the testimony, the 10 Bar Association of the State of New York 11 suggested that we have a study. 12 The last time there was a study by 13 the Bar Association, and the Senate and the 14 Assembly acted on it, it took seven years to 15 reform the eminent domain laws. We can't wait 16 that long. 17 So although the study makes sense, 18 although it's going to be an expeditious one 19 if the law is followed, and it will provide 20 much information that will help us make a 21 rational decision, in the meantime if there's 22 emergency situations that will protect the 23 residents of this state from the onerous abuse 24 of the broad powers of eminent domain that the 25 Supreme Court has affirmed, then we should

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(518) 371-8910 1 take action. 2 And I'm going to vote yes on this 3 bill. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Meier. 7 SENATOR MEIER: Thank you, Madam 8 President. Just briefly, because Senator 9 Bonacic and others have covered this quite 10 well. 11 The grant of eminent domain powers 12 originally to construct these type of 13 transmission lines was done originally with, 14 as Senator Bonacic I think explained, the more 15 regularly recognized and regulated public 16 utilities in mind. 17 And when you think of it, because 18 of the fact that they're established in this 19 business, there is less likelihood that they 20 will use the power of eminent domain because 21 they are already in possession of existing 22 public utility easements, and therefore the 23 incentive is for them to use them and to use 24 the power of eminent domain sparingly if at 25 all. It is incentivized all in terms of

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(518) 371-8910 1 avoiding the use of eminent domain. 2 Now we have, in this new world, as 3 Senator Bonacic said, this new breed of 4 transmission company which people in my 5 district are dealing with now. At the hearing 6 that Senator Libous talked about, when you 7 asked them about the use of some alternative 8 routes, it's too expensive, too expensive, too 9 expensive. 10 But they're willing to take some of 11 the homes of some of the people who I 12 represent and who some of my colleagues who 13 have spoken on this bill represent, never mind 14 what it costs them. They're willing to take 15 some of the farms of some of the people that 16 some of my colleagues who have already spoken 17 represent. They don't worry about their 18 expense. 19 This bill corrects an injustice. 20 This bill corrects people who are willing to 21 throw the homeowners and the farm owners and 22 the small business people who are in the path 23 of this monstrosity, to throw their rights 24 away because it's too expensive for them to 25 use existing public rights of way.

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(518) 371-8910 1 And with all due respect to another 2 colleague who suggested we should wait until a 3 commission studies this, our constituents 4 don't have time for a commission to report 5 back. The time frame on this is a year from 6 the date of the filing of the application, 7 which occurred a couple of weeks ago. 8 This simply asks that these -- and 9 by the way, Senator Libous is absolutely 10 correct. If you want to get an idea about 11 what we're dealing with, he couldn't even get 12 them to establish their identity. Couldn't 13 even get them to establish where the darn 14 office is, let alone get some answers from 15 them about what they're all about. 16 This is a bill that stops an 17 injustice and prevents other similar 18 injustices from occurring in the past. And I 19 ask all of my colleagues on both sides of the 20 aisle to support it. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Valesky. 24 SENATOR VALESKY: Madam 25 President, would Senator Bonacic yield for a

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(518) 371-8910 1 question, please. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Bonacic, do you yield? 5 SENATOR BONACIC: I do. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 The Senator yields. 9 SENATOR VALESKY: Thank you. 10 Senator Bonacic, if this bill is 11 approved today in both houses and signed into 12 law by the Governor, would it deny the power 13 of eminent domain to be exercised in the event 14 that a company known as New York Regional 15 Interconnect, which has an Article VII 16 application pending before the Public Service 17 Commission, would this law deny that company 18 the power of eminent domain? 19 SENATOR BONACIC: Senator, I 20 would rather not comment on any particular 21 company at this time, because this legislation 22 is generic. 23 If the three conditions are met and 24 the shoe fits, the answer is yes. But if the 25 shoe doesn't fit as to the three conditions,

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(518) 371-8910 1 the answer is no. 2 SENATOR VALESKY: Would the 3 Senator yield for another question. 4 SENATOR BONACIC: Yes. 5 ACTING PRESIDENT LITTLE: The 6 Senator yields. 7 SENATOR VALESKY: Thank you, 8 Senator Bonacic. 9 Are there applications pending 10 before the Public Service Commission for which 11 this law would apply? This bill, if it were 12 signed into law. 13 SENATOR BONACIC: I believe there 14 is. 15 SENATOR VALESKY: Okay. Thank 16 you. 17 On the bill, Madam President. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Valesky, on the bill. 21 SENATOR VALESKY: I want to thank 22 Senator Bonacic for drafting this legislation, 23 for bringing it before us today to debate. 24 As Senator Wright, the chairman of 25 the Energy Committee, has indicated before us,

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(518) 371-8910 1 as Senator Libous and Senator Meier have 2 commented earlier, there in fact is a company 3 that has submitted an application, an 4 Article VII application for construction of a 5 1200-megawatt electric transmission line 6 running 200 miles through nine mostly rural 7 counties, a project that has met with 8 overwhelming opposition among the people that 9 many of us on both sides of the aisle 10 represent. 11 And for a number of reasons, the 12 citizens of those nine counties are opposing 13 this project -- everything from studies that 14 show that construction of a power line such as 15 this could reduce their property values by up 16 to 50 percent, concerns about the health 17 impact of a transmission line such as the one 18 that has been proposed, the environmental 19 impact on a mostly rural area of the state and 20 finally, and perhaps most importantly, the 21 economic impact that this would mean for 22 upstate New York utility ratepayers. 23 This company has, in a Senate 24 Energy Committee hearing, admitted that if 25 this project were completed it would result,

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(518) 371-8910 1 over a 10-year period, an increase in upstate 2 energy costs by $160 million per year. An 3 increase of up to, of anywhere, I believe 4 Senator Bonacic indicated earlier, a 5 to 5 7 percent rate increase for upstate New York 6 ratepayers -- and, on the flip side, a 7 23 percent decrease downstate in electric 8 utility rates. 9 Now, I am certainly aware that we 10 have an issue in this state of transmission of 11 electricity. But I am asking my colleagues to 12 take into consideration the fact that we have 13 a proposal before the Public Service 14 Commission that, if approved, would result in 15 upstate electric utility ratepayers 16 subsidizing a transmission system and in fact 17 paying more for their electricity to the 18 benefit of downstate electric users. 19 This is not the way that we should 20 be going in terms of an energy policy in this 21 state. I understand people's concerns with 22 eminent domain. But I encourage them to look 23 at the way this bill is drafted, the narrow 24 fashion that this bill is drafted, and the 25 intent behind this bill, and I encourage all

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(518) 371-8910 1 of my colleagues on both sides of the aisle to 2 support this legislation. 3 And again, I want to thank Senator 4 Bonacic for bringing it to the floor. 5 Thank you, Madam President. 6 ACTING PRESIDENT LITTLE: Thank 7 you, Senator. 8 Senator Seward. 9 SENATOR SEWARD: Thank you, Madam 10 President. 11 I rise as a supporter and a 12 cosponsor of Senator Bonacic's legislation. 13 I certainly would agree with our 14 chair of Energy that we in fact do need a 15 comprehensive energy policy in the State of 16 New York which helps all ratepayers throughout 17 the State of New York, no question about it. 18 And I also agree with Senator 19 Alesi, who along with Senator Bonacic have 20 been real leaders in terms of eminent domain 21 reform, which we certainly need in light of 22 the Supreme Court decision of last year. 23 But there's no question that 24 Senator Bonacic's legislation is directed at 25 an immediate issue, an immediate problem which

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(518) 371-8910 1 is causing great fear and trepidation in 2 several counties in the upstate region. When 3 you get 500, 600, 800 people showing up at a 4 high school auditorium to discuss this 5 particular issue, you know there's great fear 6 and trepidation. 7 And when I think of eminent domain, 8 obviously, in the traditional sense, for good 9 public projects in communities, whether it be 10 a road, a sewer line, a bridge, a park, 11 whatever it is, if private property is taken, 12 certainly everyone in that community benefits, 13 including the one who is giving up his 14 property. 15 And even when our traditional 16 utility companies, transportation corporations 17 in the traditional sense, when they have used 18 eminent domain in the past, we all benefit. 19 Because when they're moving power from Point A 20 to Point B in a region, obviously that helps 21 all ratepayers and consumers in that 22 particular region. 23 But Senator Bonacic's legislation 24 is directed at a different animal here, a 25 different type of corporation. And I believe

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(518) 371-8910 1 this legislation is narrowly drawn to address 2 a particular situation whereby the people who 3 are being asked to give up their private 4 property, in most cases the single largest 5 investment that they have in their lives, to 6 give that up -- and in the case of many of our 7 farmers in the upstate region, they'd also be 8 giving up a whole way of life -- it seems to 9 me that the question should be asked, well, 10 what is that property owner who's giving up 11 his property getting in return? What is that 12 community in which he lives, what are they 13 getting in return? 14 And through questioning at our 15 Senate hearing in Norwich a week ago, 16 unfortunately, the answer was zippo. They're 17 getting nothing except -- except -- losing 18 their property, unsightly power lines, and a 19 higher cost for their electricity. Nothing 20 but negatives, and no positives. 21 And so I think Senator Bonacic is 22 on to something here. As we await more 23 comprehensive energy policy, as we await more 24 comprehensive eminent domain changes in this 25 state, dealing with a particular situation

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(518) 371-8910 1 which today is in Central New York -- 2 tomorrow, it could be somewhere else. I think 3 that if a transmission line by one of these 4 corporations is to be constructed, it ought to 5 benefit all people, all consumers, all 6 ratepayers in the State of New York, not 7 causing harm on one group for the benefit of 8 others. 9 So I support Senator Bonacic's 10 legislation. It's carefully drawn, narrowly 11 drawn. I don't believe it's going to upset 12 either our efforts to reform eminent domain or 13 come up with sound energy policy in this 14 state. 15 And, Madam President, I 16 enthusiastically will be voting in the 17 affirmative. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Balboni. 21 SENATOR BALBONI: Madam 22 President, I rise, for me, in a situation that 23 I haven't had in several years: I do not know 24 my position on this legislation. 25 And so therefore I'd like to ask

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(518) 371-8910 1 the sponsor if he would yield for just a 2 couple of questions for clarification, to help 3 make up my mind. 4 ACTING PRESIDENT LITTLE: Senator 5 Bonacic, do you yield? 6 SENATOR BONACIC: I do. 7 ACTING PRESIDENT LITTLE: The 8 Senator yields. 9 SENATOR BALBONI: Thank you, 10 Madam President. 11 Senator Bonacic, in lines 6 and 7 12 of the bill what do you mean by "through its 13 employees, agents, representatives or assigns 14 has represented in testimony"? What is meant 15 by "represented in testimony"? 16 SENATOR BONACIC: I think that 17 was a question that Senator Schneiderman posed 18 earlier. But I don't mind repeating the 19 answer. 20 SENATOR BALBONI: You know what, 21 if you want, I could get the transcript. 22 SENATOR BONACIC: No, no, no. 23 And I didn't mean to be disrespectful, 24 Senator. 25 SENATOR BALBONI: I apologize.

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(518) 371-8910 1 It was Senator Bruno. 2 SENATOR BONACIC: But this was 3 before a Senate Energy Committee where 4 principals of this particular transportation 5 company came and gave testimony to a Senate 6 Energy Committee. That was the kind of 7 testimony I was referring to. 8 And furthermore, I understand in a 9 particular Public Service Commission filing 10 there's an admission by the same company of 11 increasing rates on several thousand of 12 ratepayers within a certain -- a large portion 13 of the State of New York. 14 SENATOR BALBONI: Madam 15 President, through you, then if the testimony 16 was elicited through another process -- say, a 17 court case, a federal regulatory hearing -- 18 would that also constitute grounds for the 19 application of this statute? 20 SENATOR BONACIC: I think it 21 would, if it wasn't uncontested or disputed. 22 It was our intent, where it amounts 23 to an admission by representatives of the 24 power company, whether it's in an oral 25 declaration before witnesses, whether it was

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(518) 371-8910 1 sworn or unsworn, whether it was an 2 application, but it is an admission by that 3 particular applicant and its representatives 4 and/or employees that this is so. And 5 therefore, it's undisputable. 6 SENATOR BALBONI: Madam 7 President, through you, may I ask another 8 question. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Bonacic, do you continue to 12 yield? 13 SENATOR BONACIC: Of course. 14 ACTING PRESIDENT LITTLE: The 15 Senator yields. 16 SENATOR BALBONI: Senator 17 Bonacic, the line after that, line 8, 18 testimony to the effect that it will increase 19 electric rates in any part of the state. 20 Would you also take into account or 21 should we take into account the fact that this 22 might lower electric rates in another part of 23 the state? 24 SENATOR BONACIC: The legislation 25 talks specifically where the condition would

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(518) 371-8910 1 apply only with the raising of rates. There 2 is no consideration on the lowering of rates. 3 SENATOR BALBONI: So, Madam 4 President, through you, if I may ask another 5 question. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Bonacic, do you continue to 9 yield? 10 SENATOR BONACIC: I do. 11 ACTING PRESIDENT LITTLE: The 12 Senator yields. 13 SENATOR BALBONI: So then, 14 Senator Bonacic, what would be your position 15 if this project raised rates in one part of 16 the state but lowered rates in another part of 17 the state and the net effect from a statewide 18 perspective was a wash? Would you wish this 19 proceeding to not have the ability to use 20 eminent domain? 21 SENATOR BONACIC: I think you 22 have to look at that question with the 23 other -- total of three conditions. You're 24 isolating one condition. 25 But if the line began and ended in

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(518) 371-8910 1 the state of New York, if a particular company 2 was rejected for an early national designation 3 under the Federal Energy Act of 2005, and they 4 raised rates on a substantial portion of 5 residents of the State of New York, in that 6 limited situation they would lose their right 7 of eminent domain. 8 SENATOR BALBONI: Madam 9 President, through you. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Bonacic, do you continue to 13 yield? 14 SENATOR BONACIC: Yes, of course. 15 ACTING PRESIDENT LITTLE: The 16 Senator continues to yield. 17 SENATOR BALBONI: Senator 18 Bonacic, I appreciate your candor in this, but 19 I think that you are mentioning things that 20 are not contained within the language itself. 21 For example, "substantially impacted," that 22 language, that word is not in here. You talk 23 about a sworn admission. Again, "admitted in 24 testimony," not sworn. Again, it's a concept 25 that's missing from here.

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(518) 371-8910 1 I am concerned only because I have 2 never seen this language before. And as I 3 read this bill, and this is where I need your 4 guidance, I read these three conditions as 5 make-or-break conditions. In other words, the 6 way it is drafted, if any one of these 7 conditions is missing, then the company that 8 this would apply to would be able to use 9 eminent domain. 10 SENATOR BONACIC: That's correct. 11 SENATOR BALBONI: That is 12 correct? 13 ACTING PRESIDENT LITTLE: That's 14 correct. 15 SENATOR BALBONI: So then, Madam 16 President, through you -- 17 ACTING PRESIDENT LITTLE: 18 Continue. 19 SENATOR BALBONI: -- then the 20 discussion as to whether or not this would 21 perhaps lower rates in another part of the 22 state is germane only because you talk about 23 the impact on a statewide basis, do you not? 24 SENATOR BONACIC: The bill speaks 25 for itself in terms of meeting three

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(518) 371-8910 1 conditions. And if those three conditions are 2 met, then that particular mercantile 3 transportation company loses their right of 4 eminent domain. 5 SENATOR BALBONI: Okay. Madam 6 President, just one more question, if I may 7 ask. 8 ACTING PRESIDENT LITTLE: Thank 9 you. Continue, Senator Balboni. 10 SENATOR BALBONI: This is a 11 Public Service Commission-regulated 12 transaction that we are discussing, based upon 13 prior colloquy. And therefore, there is a 14 process whereby the PSC will evaluate the 15 various aspects of this transaction and will 16 render its decision. 17 At this point in time do you have 18 any idea, any expectation or any indication as 19 to how the PSC will rule on this particular -- 20 well, I shouldn't say particular -- the 21 referenced transaction of concern that Senator 22 Libous spoke about during the hearing and 23 others? 24 SENATOR BONACIC: As I understand 25 it, the purpose of the application before the

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(518) 371-8910 1 Public Service Commission will take a variety 2 of issues -- whether there's a need, how it 3 impacts the state, whether conditions have to 4 be granted to allow them to move forward, 5 whether it would be denied. 6 For example, I'm told when Marcy 7 South came through between 20, 25 years ago, 8 there were 21 adjudicated hearings before the 9 Public Service Commission. And I believe 10 there will be that same kind of activity that 11 will take place over 12 months to address a 12 variety of issues. 13 But if we pass this legislation, 14 this legislation only addresses one aspect, 15 the right of eminent domain of this company. 16 And if this were to become law and the Public 17 Service Commission application would go 18 forward, then they would have to negotiate, 19 with market value, for any takings not having 20 the right of eminent domain. If these three 21 conditions were met. 22 SENATOR BALBONI: Thank you very 23 much. 24 Madam President, on the bill. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. Senator Balboni, on the bill. 2 SENATOR BALBONI: This debate and 3 legislation, as well as the legislation that I 4 offered to this house and passed on two 5 different occasions, are evidence of 6 frustration that we have. The first 7 frustration is over the eminent domain law. 8 And we are in good company, because every -- 9 almost every state in the nation has addressed 10 some aspect of eminent domain, saying it is 11 just unfair to take somebody's home for a 12 public project. 13 Now, in my case, it was to take a 14 golf course. And whether or not that would 15 ever rise up to something where you could take 16 somebody's home, I would argue that it never 17 would. And the address that I chose was to go 18 to a specific reference in the environmental 19 law that said if it was in a groundwater 20 protection area, it couldn't be used in this 21 way. 22 This bill is of a broader 23 application. And when I consider the 24 implications, I think of the blackout of 2004. 25 And that points to the issue of the need for a

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(518) 371-8910 1 comprehensive energy plan in this state. 2 Senator Jim Wright has been trying to do that 3 for the longest time. 4 My concern, Senator Bonacic, is 5 that this bill as currently drafted has a very 6 specific application, is a local issue, but 7 could have statewide ramifications. And I 8 guess the thing I don't know, because I'm not 9 sitting here with the company, is would this 10 lower rates in, say, my district or on Long 11 Island as a whole, and is that a viable 12 consideration as we move forward on this 13 legislation. 14 However, I think -- unless you know 15 differently -- that this bill still has some 16 time for consideration in the other house. I 17 don't believe that the Assembly has this bill 18 on the calendar. And so there may be 19 opportunities to discuss this further. And 20 perhaps what you're doing is you are getting 21 the attention of the company that is being 22 nonresponsive. 23 And therefore, I'll support the 24 bill. I think, though, that there are huge 25 issues associated with this type of approach,

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(518) 371-8910 1 whether it's my bill or your bill, and we 2 really need a more comprehensive policy on 3 both eminent domain and energy. 4 Thank you, Madam President. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Is there any other Senator wishing 8 to be heard? 9 Senator Malcolm Smith. 10 SENATOR MALCOLM SMITH: Very 11 briefly, Madam President, on the bill. 12 ACTING PRESIDENT LITTLE: On the 13 bill. 14 SENATOR MALCOLM SMITH: I 15 listened to the debate, and clearly at one 16 point I was, as a downstater -- and I hate to 17 refer to myself that way, but at times we 18 must -- I had some concern about the bill. 19 But I will say my colleague Senator 20 Dave Valesky gave some compelling information, 21 compelling arguments, especially around the 22 economics of the impact of the bill, and due 23 to that I will be voting yes on this bill. 24 Thank you. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Larkin. 3 SENATOR LARKIN: Madam President, 4 the hour is getting late. The subject is well 5 documented. I think my colleagues that 6 support this legislation have clearly outlined 7 what our problems are and how we should 8 address them. 9 Senator Bonacic made a reference to 10 Marcy South. Those of you who were around and 11 listened to Marcy South, it was going to be a 12 Christmas tree in June. And, you know, they 13 were coming around with we're going to build a 14 ball field in your yard, we're going to put a 15 Christmas tree in yours, we're going to put a 16 baseball field in yours. And, you know, the 17 list got bigger and bigger and bigger, and the 18 response was less and less and less. 19 Now, they came to visit me, they 20 couldn't tell me who the lead sponsor in 21 Washington was for them. We now know who they 22 are. They couldn't who were some of the 23 engineers that were on the project. And the 24 question was asked about ownership and the 25 Canadian aspects of it.

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(518) 371-8910 1 But the real issue here is when you 2 think about it, this company come in and said: 3 We're going to build it. They started to hear 4 the flack that they were getting, and they 5 come up with two routes that they were going 6 to take this down. They put it all together, 7 they went into the Public Service Commission. 8 They didn't get the ability to ride over like 9 an ATV. And then they went and said, We're 10 going to bypass Albany, we're going to go to 11 the feds. And they did. And the feds said 12 thanks, but no thanks. 13 Now, there's a question here. 14 There's five legislators here that it affects 15 their specific district. There are eight 16 counties. The last time I looked and saw how 17 many people were in attendance in my area, 18 there was over 500. And the basic premise 19 was, What are you going to do? When are you 20 going to do it? How are you going to do it? 21 Now, I heard Senator Schneiderman 22 talk about the benefits it's going to be to 23 New York City. Well, you know, I'd like to 24 tell my colleagues in New York City that you 25 have some representatives in Washington who

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(518) 371-8910 1 said today they are adamantly opposed to the 2 project because it's a state issue of what the 3 going to happen here. 4 But the real issue is are we doing 5 something for the benefit of consumers in 6 New York, or are we doing it for a specific 7 effort to somebody to build? The issue that 8 came in Marcy South was never fulfilled. What 9 guarantees do we have that they will do this? 10 And then let's take an issue here. 11 Some of our people up in our neck of the woods 12 have been there for years, and now all of a 13 sudden somebody's going to come along and say, 14 you know, you lived here 30, 40, 50 years, get 15 the -- out. We're going to take over. 16 I think that's the wrong message. 17 I think if you go back and listen to some of 18 the stuff on the Supreme Court with the 19 Connecticut issue, the court was totally 20 wrong. We have a golden opportunity here. If 21 there is something to be done, let's spell it 22 out. Let's not be ashamed of what we're 23 talking about. 24 This is a serious issue. You have 25 eight counties, eight counties, not just a

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(518) 371-8910 1 mile and a half. I have people who asked for 2 maps, I have had a supervisor who asked for a 3 briefing. And it's: In due time, we'll do 4 it. Well, the due time is now and they 5 haven't produced. 6 So, Madam President, they can bring 7 all the ice cream and coffee they want and put 8 it on the plate, but this bill is the ideal 9 thing that we need to do, and we need to do it 10 now. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Does any other member wish to be 14 heard? 15 If not, then the debate is closed. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT LITTLE: Senator 24 Morahan, to explain his vote. 25 SENATOR MORAHAN: Thank you,

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(518) 371-8910 1 Madam President. 2 This bill really brings a focus to 3 some of the arrogance that is displayed by 4 major utility companies as they travel through 5 our state, doing good things sometimes, 6 bringing us energy to heat our homes and to 7 light our lights, but at the same time, when 8 they're inaccessible or unaccessible to the 9 public, where they're not responsive to the 10 public, this sort of action starts to move 11 through the Senate. 12 So I commend Senator Bonacic, my 13 colleague Senator Larkin, and all those who 14 support this legislation. I rise to support 15 this legislation and be recorded in the 16 affirmative. 17 Thank you. 18 ACTING PRESIDENT LITTLE: Thank 19 you. Senator Morahan will be recorded in the 20 affirmative. 21 Senator LaValle, to explain his 22 vote. 23 SENATOR LaVALLE: Thank you, 24 Madam President. 25 There were -- Senator Balboni and I

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(518) 371-8910 1 were going back and forth about how we were 2 going to vote on this. But Senator Libous 3 said something that really hit home and 4 brought me back to the early days of serving 5 in this chamber when I was told by someone: 6 You know, someday your district will have a 7 problem and you will need the help and support 8 of your colleagues. 9 Senator Morahan hit the nail right 10 on the head. It is absolute arrogance by the 11 companies. And it's one of the reasons 12 Senator Wright has so many problems coming up 13 with a comprehensive plan. Because when we 14 talk about siting, they want to go through 15 people rather than talk to people. 16 And Senator Libous talked about how 17 everyone was in opposition to this but three 18 people at a hearing. Three people. And so 19 last time I realized the people that we 20 represent are very important, that we are 21 their extension. 22 And Senator Bonacic, Senator 23 Libous, Senator Meier, I am going to support 24 this legislation, because we need to be 25 helpful to one another in problems that I

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(518) 371-8910 1 might have in my district dealing with energy 2 parties, and I might be soliciting your 3 support and your vote. 4 I vote yes, Madam President. 5 ACTING PRESIDENT LITTLE: Senator 6 LaValle will be recorded in the affirmative. 7 Senator Liz Krueger, to explain her 8 vote. 9 SENATOR LIZ KRUEGER: Thank you, 10 Madam President. 11 Well, it was a fascinating and 12 confusing debate. What I think perhaps was 13 missing -- and I am voting no -- was we 14 sounded like we were arguing about eminent 15 domain and the need for energy, or the cost of 16 energy in one location versus another, but I 17 would argue that the real problem here is that 18 the State of New York, quote, unquote, 19 deregulated the energy industry and sort of 20 flunked the test of what we really need to be 21 doing for the people of New York, which is 22 ensuring that we have an expanded energy grid, 23 that we've got 21st century transmission lines 24 and service throughout the State of New York, 25 that we have a rational siting policy, which

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(518) 371-8910 1 we don't, for new, safe, clean-energy plants. 2 And so since we haven't done any of 3 that, since we haven't made a rational plan 4 for energy, for expanding energy, for siting 5 plants, for expanding our grid, for ensuring 6 we've got security in our grid to provide the 7 amount of utilities that are needed and will 8 be needed in the 21st century, and because 9 we've quasi-privatized energy, what used to be 10 considered utilities being allowed to have 11 eminent domain powers for public good ends up 12 being -- and I respect Senator Bonacic's point 13 on this -- what appears to be the use of 14 eminent domain for a private company. 15 But in fact, I would argue that the 16 real challenge for us is that supplying energy 17 has to be a public responsibility, and dealing 18 with how you site and expand your transmission 19 grid has to be a public responsibility. 20 And so while it is a hard industry 21 to love, the utility industry, I find that I 22 have to vote no on this bill, but urge that we 23 confront the bigger problem, which is ensuring 24 that we have a supply of energy adequate to 25 meet our 21st century needs, an adequate

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(518) 371-8910 1 expanded energy grid, transmission lines, and 2 working with communities to ensure fair access 3 and fair pricing throughout the State of 4 New York. 5 Thank you, Madam President. 6 ACTING PRESIDENT LITTLE: Thank 7 you. Senator Krueger, how do you vote? 8 SENATOR LIZ KRUEGER: I vote no. 9 ACTING PRESIDENT LITTLE: Thank 10 you. Senator Krueger will be recorded in the 11 negative. 12 Senator Wright, to explain his 13 vote. 14 SENATOR WRIGHT: Thank you, Madam 15 President. 16 I'll make this quick, because I do 17 in fact agree with the five sponsors of the 18 legislation, and I do in fact share the 19 concerns that they reflect relative to their 20 constituency. 21 But I would be remiss if I didn't 22 point out that this is not about deregulation. 23 This is not as a result of any deregulation. 24 Because in fact, as the sponsor pointed out, 25 the Public Service Commission has a proceeding

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(518) 371-8910 1 that has commenced. It's called an 2 Article VII, adopted by this Legislature in 3 the public law. It very clearly articulates a 4 process of review, very clearly allows for 5 cross-examination, very clearly provides for 6 public participation, and very clearly 7 requires numerous studies. There is a 8 process. 9 My concern, and my concern is very 10 simple, if we do not follow or utilize that 11 process as prescribed by law, we then open the 12 door to the federal government intervening and 13 taking the decisions out of our hands. That 14 concerns me to an extreme great deal in terms 15 of our ability to establish the energy policy 16 we want for this state. 17 As a result, I have to vote no, 18 Madam President. 19 ACTING PRESIDENT LITTLE: Thank 20 you. Senator Wright will be recorded in the 21 negative. 22 Senator Alesi, to explain his vote. 23 SENATOR ALESI: Thank you, Madam 24 President. 25 And I embrace the response given by

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(518) 371-8910 1 the chairman of the Senate Committee on 2 Energy. 3 And in voting no on this bill, I 4 would also like to point out that I embrace 5 and share the passion of the sponsor of this 6 bill in his desire to serve a specific need in 7 his area. 8 My concern in this issue, and I 9 raise the issue under the umbrella of eminent 10 domain, is that first of all we are taking 11 something that should be done on a far more 12 comprehensive basis and we're applying a 13 specific approach to it, thereby creating a 14 possible domino effect anytime somebody has 15 something specific to a particular region that 16 will affect the entire state. 17 And under those circumstances, and 18 given the example of Senator Balboni's golf 19 course -- that was a very specific issue. And 20 that doesn't impact anything or anyone else in 21 this state, but it was an eminent domain 22 issue. This impacts a specific area and a 23 specific issue, but it can impact the entire 24 state. 25 And based on that, and based on the

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(518) 371-8910 1 explanation given by the chairman of Energy 2 that there is a process in place, there are 3 laws and there are rules already for 4 applications, that I have to vote no on this 5 particular issue. 6 ACTING PRESIDENT LITTLE: Thank 7 you. Senator Alesi will be recorded in the 8 negative. 9 Senator Oppenheimer, to explain her 10 vote. 11 SENATOR OPPENHEIMER: I've been 12 on both sides of this, so it's really getting 13 very -- I'm coming down on the negative. 14 And I agree very much with what 15 Senator Krueger says. We have no siting law, 16 we have done nothing on transmission lines. I 17 mean, there's so much work to be done here. 18 And in the long run -- you know, we 19 environmentalists are sometimes accused of not 20 permitting anything to happen because it will 21 mar our properties and the beauty of our land. 22 And I feel that there's a need here 23 for us to bring energy down to the southern 24 part of the state. We all know that. We've 25 done nothing on siting. I mean, we have to

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(518) 371-8910 1 have some answers here. 2 And I certainly empathize with what 3 Senator Bonacic is saying. But I'm going to 4 come down on the negative here and hope that 5 we can address this in a comprehensive 6 fashion. Because we're going to look pretty 7 foolish if we run out of power in the next 8 five years and haven't done anything. 9 ACTING PRESIDENT LITTLE: Thank 10 you. Senator Oppenheimer will be recorded in 11 the negative. 12 Senator Schneiderman, to explain 13 his vote. 14 SENATOR SCHNEIDERMAN: Thank you, 15 Madam President. 16 This has been a very informative 17 debate, and I find that I am also conflicted, 18 as several of my colleagues have indicated. 19 The area that would benefit the most from 20 this -- the northern suburbs of the city, 21 Westchester, Rockland, Orange counties, that 22 area -- would, as Senator Valesky points out, 23 and that the company has admitted this, do so 24 at the expense of people in another part of 25 the state.

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(518) 371-8910 1 I am troubled by that. And I hope 2 that my colleagues who are in support of this 3 for that reason will also join with those of 4 us from the city and other parts of the 5 state -- Buffalo, Rochester, Albany -- in 6 dealing with the issue of school funding, 7 where there are parts of the state that are 8 suffering greatly from the existing school 9 funding formula while some other areas 10 benefit. 11 It is a very troubling thing, when 12 we're all supposed to be working together, to 13 have some areas benefit at the expense of 14 others. But I find that in this particular 15 case, the argument is just very, very 16 difficult to deal with that we should alter 17 the eminent domain procedure for this one 18 particular project. 19 As Senator Wright has mentioned and 20 Senator Oppenheimer just mentioned, we are 21 trying to do a comprehensive energy plan, we 22 are trying to change the laws relating to the 23 siting of power plants. We've been unable to 24 accomplish it. I suppose this is sort of the 25 last-ditch effort to put some duct tape over

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(518) 371-8910 1 this particular problem, which affects, I 2 gather, many, many constituents of my 3 colleagues in Central New York. 4 I think that under the 5 circumstances, however, I have to object to 6 the Band-Aid approach, impressed as I am and 7 compelled as I am by the argument that Senator 8 Valesky and others have raised -- Senator 9 Seward -- that we're talking about harming, 10 really, an admission by a company that it's 11 going to cost money, it's going to harm one 12 group of New Yorkers and possibly benefit 13 another. 14 And I understand very well Senator 15 Larkin's statement. We get a lot of companies 16 coming through here making big promises. 17 I don't think this is the proper 18 way to proceed, however, Madam President, and 19 I therefore will be voting no, but with 20 gratitude to my colleagues for bringing these 21 issues out, in the hope that we'll come up 22 with a better way to deal with this issue down 23 the road. 24 Thank you. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. Senator Schneiderman will be recorded in 2 the negative. 3 The Secretary will announce the 4 results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 2221 are 7 Senators Alesi, Andrews, Connor, Coppola, 8 Gonzalez, L. Krueger, Onorato, Oppenheimer, 9 Parker, Sabini, Schneiderman, Serrano, 10 A. Smith, Stavisky and Wright. 11 Absent from voting: Senator 12 C. Kruger. 13 Ayes, 45. Nays, 15. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 Senator Robach. 17 SENATOR ROBACH: Yes, Madam 18 President. There will be an immediate meeting 19 of the Rules Committee in the Majority 20 Conference Room. 21 The Senate will stand at ease 22 pending the completion of that committee 23 meeting. 24 ACTING PRESIDENT LITTLE: Thank 25 you. Immediate meeting of the Rules Committee

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(518) 371-8910 1 in the Senate Conference Room. 2 The Senate stands at ease. 3 (Whereupon, the Senate stood at 4 ease at 2:49 p.m.) 5 (Whereupon, the Senate reconvened 6 at 3:05 p.m.) 7 ACTING PRESIDENT LITTLE: Senator 8 Robach. 9 SENATOR ROBACH: Yes, Madam 10 President. If we could return to reports of 11 standing committees, there is a report of the 12 Rules Committee at the desk. 13 ACTING PRESIDENT LITTLE: Reports 14 of standing committees. 15 The Secretary will read. 16 THE SECRETARY: Senator Bruno, 17 from the Committee on Rules, reports the 18 following bills: 19 Senate Print 1696B, by Senator 20 Johnson, an act to amend the Retirement and 21 Social Security Law; 22 1918, by Senator Robach, an act to 23 amend the State Law; 24 2207C, by Senator Nozzolio, an act 25 to amend the Correction Law;

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(518) 371-8910 1 3061A, by Senator Alesi, an act to 2 establish; 3 7202, by Senator Golden, an act to 4 amend the Public Officers Law; 5 7268A, by Senator Alesi, an act to 6 amend the Public Health Law; 7 8095A, by Senator Winner, an act to 8 authorize; 9 8113, by Senator Little, an act to 10 amend the Real Property Tax Law; 11 8185, by Senator Marcellino, an act 12 to amend the Environmental Conservation Law; 13 8433, by Senator Paterson, an act 14 to authorize; 15 8440, by Senator Wright, an act to 16 amend the Economic Development Law; 17 8467, by Senator Golden, an act to 18 amend the Penal Law; 19 And Assembly Print 5399A, by Member 20 of the Assembly Abbate, an act to amend the 21 Workers' Compensation Law. 22 All bills ordered direct to third 23 reading. 24 ACTING PRESIDENT LITTLE: Senator 25 Robach.

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(518) 371-8910 1 SENATOR ROBACH: Madam President, 2 could we move to accept the Rules report. 3 ACTING PRESIDENT LITTLE: Thank 4 you. All those in favor of accepting the 5 Rules report signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT LITTLE: Those 8 opposed, nay. 9 (No response.) 10 ACTING PRESIDENT LITTLE: The 11 Rules report is accepted. 12 Senator Robach. 13 SENATOR ROBACH: Madam President, 14 there has been a supplemental calendar 15 distributed, Number 62B. If we could go to 16 the noncontroversial reading of that calendar, 17 please. 18 ACTING PRESIDENT LITTLE: The 19 Secretary will read Senate Supplemental 20 Calendar Number 62B. 21 THE SECRETARY: Calendar Number 22 2237, by Senator Johnson, Senate Print 1696B, 23 an act to amend the Retirement and Social 24 Security Law and the Military Law. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. 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, 61. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 2238, Senator Robach moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 2685 and substitute it 14 for the identical Senate Bill Number 1918, 15 Third Reading Calendar 2238. 16 ACTING PRESIDENT LITTLE: 17 Substitution ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2238, by Member of the Assembly Morelle, 21 Assembly Print Number 2685, an act to amend 22 the State Law. 23 ACTING PRESIDENT LITTLE: 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 LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 2239, Senator Nozzolio moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 3926A and substitute it 12 for the identical Senate Bill Number 2207C, 13 Third Reading Calendar 2239. 14 ACTING PRESIDENT LITTLE: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 2239, by Member of the Assembly Aubry, 19 Assembly Print Number 3926A, an act to amend 20 the Correction Law. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 THE SECRETARY: Section 6. This 24 act shall take effect 18 months after it shall 25 have become a law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT LITTLE: Senator 5 Krueger, to explain her vote. 6 SENATOR LIZ KRUEGER: Thank you, 7 Madam President. 8 I rise to thank Senator Nozzolio 9 for getting this bill to the floor and passed 10 through the Senate today. It's a critically 11 important bill for so many people who have 12 been so unjustifiably treated so badly in our 13 prison system when they needed good quality 14 mental health care services. 15 So we do not always agree on every 16 bill that comes before us, but I wanted to 17 stand up to recognize him for his very good 18 work to accomplish this today. Thank you, 19 Senator. 20 I'll be voting yes. Thank you, 21 Madam President. 22 ACTING PRESIDENT LITTLE: Senator 23 Krueger will be recorded in the affirmative. 24 Senator Nozzolio, to explain his 25 vote.

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(518) 371-8910 1 SENATOR NOZZOLIO: Thank you, 2 Madam President. I rise to explain my vote. 3 I thank all my colleagues for 4 supporting this measure, particularly Senator 5 Volker, who was very instrumental in its 6 development. That what we will see here is a 7 process in New York that will establish safer 8 prisons and more humane prisons. That is the 9 objective of all of us. 10 It will lead to greater 11 rehabilitation for those inmates who are 12 behind bars. It will create a more safe 13 environment for our correction officers and 14 other correctional personnel. And I thank my 15 colleagues for supporting this measure. 16 ACTING PRESIDENT LITTLE: Thank 17 you. Senator Nozzolio will be recorded in the 18 affirmative. 19 Senator Duane, to explain his vote. 20 SENATOR DUANE: Thank you, Madam 21 President. 22 I want to thank Senator Nozzolio 23 for his work and stewardship of this 24 legislation. 25 Many of you know I've actually been

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(518) 371-8910 1 through, visited SHUs and people in SHUs. And 2 I just really, really from the bottom of my 3 heart, want to commend Senator Nozzolio for 4 his work on this. Thank you very, very much. 5 Thank you, Madam President. I vote 6 yes. 7 ACTING PRESIDENT LITTLE: Thank 8 you. Senator Duane will be recorded in the 9 affirmative. 10 Senator Morahan, to explain his 11 vote. 12 SENATOR MORAHAN: Thank you, 13 Madam President. 14 I rise to congratulate Senator 15 Nozzolio for passing this bill. I was 16 delighted to be a cosponsor, as the chair of 17 the Mental Health Committee. 18 This SHU bill, if you will, has 19 been very difficult to move. It has great 20 support with the families of those who are 21 incarcerated and suffer with a mental disease. 22 And I think it's a tribute to the 23 Corrections Department as well that we're 24 willing now to train our people, if you will, 25 to make a difference between behavior that is

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(518) 371-8910 1 just behavior for no good purpose versus 2 behavior resulting from a mental disease. 3 So congratulations, Senator 4 Nozzolio. I thank you on behalf of all those 5 families who have appealed to us over the 6 years for this sort of legislation. Job well 7 done. 8 Thank you. 9 ACTING PRESIDENT LITTLE: Senator 10 Morahan will be recorded in the affirmative. 11 The Secretary will announce the 12 results. 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 2240, Senator Alesi moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 6905 and substitute it 20 for the identical Senate Bill Number 3061A, 21 Third Reading Calendar 2240. 22 ACTING PRESIDENT LITTLE: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2240, by Member of the Assembly Englebright, 2 Assembly Print Number 6905, an act to 3 establish an advisory council. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 2228, Senator Golden moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 9707 and substitute it 19 for the identical Senate Bill Number 7202, 20 Third Reading Calendar 2228. 21 ACTING PRESIDENT LITTLE: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2228, by Member of the Assembly Abbate,

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(518) 371-8910 1 Assembly Print Number 9707, an act to amend 2 the Public Officers Law. 3 ACTING PRESIDENT LITTLE: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT LITTLE: Senator 11 Schneiderman, to explain his vote. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Madam President. 14 I have voted against this bill and 15 similar bills in the past, as have quite a few 16 of my colleagues. Really very simply, because 17 we're advised by the Mayor of the City of 18 New York, and we have no reason to doubt it, 19 that there's no recruitment or retention 20 problem for fire dispatchers that would 21 warrant an exception to the rule that people 22 live in the city where they're employed. 23 I think, generally speaking, there 24 are quite a few of us here who believe that 25 residency requirements are good. We have

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(518) 371-8910 1 large areas of New York City with tremendous 2 unemployment where we have qualified people 3 for these positions. And there simply is no 4 need to provide an exemption, sympathetic as 5 we are to the issue of fire dispatchers being 6 treated the same as other members of the 7 uniformed force. 8 So I will be continuing to vote in 9 the negative, Madam President. 10 ACTING PRESIDENT LITTLE: Thank 11 you. Senator Schneiderman will be recorded in 12 the negative. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 2228 are 15 Senators Diaz, Dilan, Gonzalez, Klein, Parker, 16 Paterson, Schneiderman and Serrano. 17 Ayes, 53. Nays, 8. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 2229, by Senator Alesi, Senate Print 7268A, an 22 act to amend the Public Health Law. 23 ACTING PRESIDENT LITTLE: 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 180th day. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2230, by Senator Winner, Senate Print 8095A, 10 an act to authorize the reimbursement of 11 certain expenditures. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2231, Senator Little moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11520 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 8113, 2 Third Reading Calendar 2231. 3 ACTING PRESIDENT LITTLE: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2231, by Member of the Assembly Friedman, 8 Assembly Print Number 11520, an act to amend 9 the Real Property Tax Law. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 2232, Senator Marcellino moves 22 to discharge, from the Committee on Rules, 23 Assembly Bill Number 11340 and substitute it 24 for the identical Senate Bill Number 8185, 25 Third Reading Calendar 2232.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 substitution is ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 2232, by Member of the Assembly Grannis, 6 Assembly Print Number 11340, an act to amend 7 the Environmental Conservation Law. 8 ACTING PRESIDENT LITTLE: Read 9 the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect on the 180th day. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT LITTLE: Senator 16 Serrano, to explain his vote. 17 SENATOR SERRANO: Thank you, 18 Madam President. 19 I want to congratulate Senator 20 Marcellino for putting this bill forward. 21 I introduced a very similar piece 22 of legislation here in the Senate, and I've 23 been working on this issue since my days in 24 the New York City Council. 25 Diesel emissions are one of the

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(518) 371-8910 1 biggest causes of childhood asthma, especially 2 in poor areas throughout the state, such as 3 the areas that I represent in East Harlem and 4 the South Bronx. We have to do more, and this 5 bill will go some ways to ensuring that we 6 have the cleanest technology, the cleanest 7 fuel technology that we could possibly have 8 for the trucks going through the state. 9 So I think that this is a very 10 positive step. I'm glad to see that this bill 11 is on the floor. And I look forward to it 12 becoming law. Thank you. 13 ACTING PRESIDENT LITTLE: Thank 14 you. Senator Serrano will be recorded in the 15 affirmative. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Ayes, 60. Nays, 19 1. Senator Little recorded in the negative. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2233, Senator Paterson moves 24 to discharge, from the Committee on Rules, 25 Assembly Bill Number 11989 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 8433, 2 Third Reading Calendar 2233. 3 ACTING PRESIDENT LITTLE: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2233, by the Assembly Committee on Rules, 8 Assembly Print Number 11989, an act to 9 authorize the City of New York. 10 ACTING PRESIDENT LITTLE: There 11 is 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 LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 2234, Senator Wright moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 12013 and substitute it 25 for the identical Senate Bill Number 8440,

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(518) 371-8910 1 Third Reading Calendar 2234. 2 SENATOR ROBACH: Lay it aside 3 temporarily. 4 ACTING PRESIDENT LITTLE: The 5 substitution is ordered. 6 The bill is laid aside temporarily. 7 THE SECRETARY: Calendar Number 8 2235, by Senator Golden, Senate Print 8467, an 9 act to amend the Penal Law. 10 ACTING PRESIDENT LITTLE: Senator 11 Robach. 12 SENATOR ROBACH: Is there a 13 message of necessity at the desk, Madam 14 President? 15 ACTING PRESIDENT LITTLE: Yes, 16 there is. 17 SENATOR ROBACH: Move to accept. 18 ACTING PRESIDENT LITTLE: All 19 those in favor of accepting the message of 20 necessity say aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT LITTLE: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT LITTLE: 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 first of 6 November. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT LITTLE: Senator 11 Golden, to explain his vote. 12 SENATOR GOLDEN: Madam President, 13 I rise to explain my vote, and I thank you for 14 recognizing me. 15 I want to thank both sides of this 16 room and the Senate and to thank the Assembly 17 for coming together on a bill, a very 18 important bill that is an extension of the 19 work that we did back in December, crimes 20 against police officers, and trying and 21 attempting to remove illegal guns off the 22 streets of the city and state of New York. 23 What this does is raise the 24 possession of an illegal gun from a D felony 25 to a C felony and guarantees that the

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(518) 371-8910 1 individual that's caught carrying that gun 2 will do time in jail. 3 In 2004, 4800 gun arrests were 4 made. Less than 1200 did any time in jail at 5 all, and less than 143 did more than a year. 6 We were telling the bad guys it was all right 7 to go out there with guns, to shoot and to 8 kill. 9 And we've killed six New York City 10 and New York State officers in the past 18 11 months [sic], and we gunned down nine between 12 the months of June and December of last year, 13 and this year so far six, with one being shot 14 two weekends ago up here in Elmira. 15 So again, I want to thank all of my 16 colleagues for guaranteeing that anybody 17 caught with an illegal gun will do time in 18 jail. And I want to point out Danielle 19 Leidner, from the Intergovernmental Affairs 20 Office of the New York City Mayor's office, 21 for working with us and doing such a great job 22 in writing this bill and giving us the 23 opportunity to get this bill passed. 24 I vote aye. Thank you, Madam 25 President.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. Senator Golden will be recorded in the 3 affirmative. 4 The Secretary will announce the 5 results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2236, by Member of the Assembly Abbate, 11 Assembly Print Number 5399A, an act to amend 12 the Workers' Compensation Law. 13 ACTING PRESIDENT LITTLE: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect January 1, 2007. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 Senator Robach, that completes the 24 reading of the noncontroversial calendar, 25 Calendar Number 62B.

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(518) 371-8910 1 SENATOR ROBACH: Madam President, 2 there's a supplemental active list that has 3 been distributed to the members. If we could 4 go to the noncontroversial reading of that, 5 starting with Calendar 213. 6 ACTING PRESIDENT LITTLE: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 213, by Senator Leibell, Senate Print 5674, an 10 act to amend the Public Authorities Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 957, by Senator LaValle, Senate Print 6999, an 23 act to authorize payment. 24 ACTING PRESIDENT LITTLE: 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 LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1039, by Senator Nozzolio, Senate Print 11 1272 -- 12 SENATOR HASSELL-THOMPSON: Lay it 13 aside. 14 ACTING PRESIDENT LITTLE: The 15 bill is laid aside. 16 THE SECRETARY: In relation to 17 Calendar Number 1524, Senator Little moves to 18 discharge, from the Committee on Local 19 Government, Assembly Bill Number 1600A and 20 substitute it for the identical Senate Bill 21 Number 3246B, Third Reading Calendar 1524. 22 ACTING PRESIDENT LITTLE: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1524, by Member of the Assembly Sweeney, 2 Assembly Print Number 1600A, an act to amend 3 the General Municipal Law. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1562, by Senator Farley, Senate Print 7431A, 17 an act to amend the Banking Law. 18 SENATOR HASSELL-THOMPSON: Lay it 19 aside. 20 ACTING PRESIDENT LITTLE: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 1608, by Senator Rath, Senate Print 6658, an 24 act to amend the Tax Law. 25 ACTING PRESIDENT LITTLE: There

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(518) 371-8910 1 is a local fiscal impact note at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of April 5 next succeeding. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. Nays, 10 2. Senators Duane and L. Krueger recorded in 11 the negative. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 Senator Robach. 15 SENATOR ROBACH: Yes, Madam 16 President. If we could return to motions and 17 resolutions and call on Senator Flanagan, 18 please. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Motions and resolutions. 22 Senator Flanagan. 23 SENATOR FLANAGAN: Thank you, 24 Madam President. 25 On behalf of Senator Winner, I'd

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(518) 371-8910 1 like to call up Senate Print Number 3531A, 2 which is at the desk. 3 ACTING PRESIDENT LITTLE: The 4 Secretary will read. 5 THE SECRETARY: Senate Print 6 2148, by Senator Winner, Senate Print 3531A, 7 an act to amend the Workers' Compensation Law. 8 SENATOR FLANAGAN: Madam 9 President, I now move to reconsider the vote 10 by which the bill passed the house and ask 11 that it be restored to third reading. 12 ACTING PRESIDENT LITTLE: The 13 Secretary will call the roll on 14 reconsideration of the vote. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT LITTLE: The 18 bill is restored to the Third Reading 19 Calendar. 20 Senator Robach. 21 SENATOR ROBACH: Madam President, 22 there is a resolution at the desk by Senator 23 LaValle. If we could have the title read and 24 move for its immediate adoption. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator 3 LaValle, Legislative Resolution Number 6267, 4 commending the Suffolk County Clerk's staff 5 upon the occasion of the Suffolk County 6 Clerk's Office's designation by the Center for 7 Digital Government and Government Technology 8 as the recipient of the 2006 Best of New York 9 Award for the Project Best Advancing Service 10 to the Public. 11 ACTING PRESIDENT LITTLE: On the 12 resolution, all in favor signify by saying 13 aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT LITTLE: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT LITTLE: The 19 resolution is adopted. 20 Senator Robach. 21 SENATOR ROBACH: Yes, Madam 22 President. There is a resolution at the desk 23 by myself. If we could read the title and 24 move for its adoption, please. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Robach, Legislative Resolution Number 6266, 4 urging the New York State Congressional 5 Delegation to preclude approval of any of the 6 recommendations of the Lake Ontario-St. 7 Lawrence River Study Board without ensuring 8 fair treatment of the counties which surround 9 Lake Ontario and protecting the interests of 10 its south shore communities. 11 ACTING PRESIDENT LITTLE: All 12 those in favor of adopting the resolution 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT LITTLE: All 16 those opposed. 17 (Response of "Nay.") 18 ACTING PRESIDENT LITTLE: We will 19 reflect Senator Wright as opposed to the 20 resolution. 21 The resolution is carried. 22 Senator Robach. 23 SENATOR ROBACH: Yes, Madam 24 President. There is another resolution at the 25 desk, by Senator Larkin. If we could have it

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(518) 371-8910 1 read in its entirety and move for its 2 adoption, please. 3 ACTING PRESIDENT LITTLE: The 4 Secretary will read. 5 THE SECRETARY: By Senators 6 Larkin, Wright, Little and Meier, Legislative 7 Resolution Number 5901, urging the New York 8 State Congressional delegation to recommend 9 the Department of Defense reinstate the 10 terminology of "POW" or "Prisoner of War" into 11 the classification of military personnel. 12 "WHEREAS, For many years in the 13 past the Department of Defense used the 14 terminology of 'Prisoner of War' to describe a 15 military personnel's casualty status and 16 category for reporting purposes; and 17 "WHEREAS, The Department of 18 Defense's current verbiage of 19 'Missing/Captured' dramatically reduces the 20 impact of reports and alters the responses 21 from national and international organizations 22 which have historically interceded in such 23 cases; and 24 "WHEREAS, The nature of war has 25 changed markedly and permanently, and rather

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(518) 371-8910 1 than change accordingly to provide maximum 2 protection of all we send in harm's way, our 3 government has established requirements that 4 are too specific to be workable, too vague to 5 be applicable, and too confusing to achieve 6 understanding; and 7 "WHEREAS, The protection which 8 should be automatically accorded those in 9 harm's way is seriously eroded with the 10 'Missing/Captured' classification; and 11 "WHEREAS, American servicemen and 12 servicewomen are not disposable items, and 13 their security and well-being are more 14 significant than the concerns, goals, 15 sensitivities and idiosyncrasies of our 16 enemies, or of any other nation; now, 17 therefore, be it 18 "RESOLVED, That the New York State 19 Congressional delegation be and hereby is 20 respectfully memorialized by this Legislative 21 Body to recommend the Department of Defense 22 reinstate the terminology of 'POW' or 23 'Prisoner of War' into the casualty status and 24 category classification of military personnel; 25 and be it further

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(518) 371-8910 1 "RESOLVED, That copies of this 2 resolution, suitably engrossed, be transmitted 3 to each member of the New York State 4 Congressional delegation." 5 ACTING PRESIDENT LITTLE: Senator 6 Robach. 7 SENATOR ROBACH: Yes, Madam 8 President. First, if we could open up Senator 9 Larkin's resolution to sponsorship of anyone 10 that would like it. 11 If you do not want to be on that, 12 please notify the desk. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 All those in favor of adopting the 16 resolution signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT LITTLE: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT LITTLE: The 22 resolution is adopted and open to all members 23 of the Senate. 24 SENATOR ROBACH: And then if we 25 could move to the controversial reading of the

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(518) 371-8910 1 supplemental active list, starting with 2 Senator Nozzolio's bill, Calendar 1039, 3 please. 4 ACTING PRESIDENT LITTLE: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1039, by Senator Nozzolio, Senate Print 1272, 8 an act to amend the Criminal Procedure Law and 9 the General Municipal Law. 10 ACTING PRESIDENT LITTLE: Senator 11 Schneiderman. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Madam President. On the bill. 14 ACTING PRESIDENT LITTLE: On the 15 bill. 16 SENATOR SCHNEIDERMAN: This is a 17 piece of legislation that has passed the 18 Senate before. Quite a few of us voted 19 against it, including several members on the 20 other side of the aisle -- Senator Marchi, 21 Senator DeFrancisco. 22 This bill provides for screening 23 and recruiting of peace and police officers. 24 The problem many of us have with the bill is 25 while it requires past employers to provide

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(518) 371-8910 1 information about law enforcement agency 2 applicants, it provides the broadest immunity 3 that I've seen since I've been here from civil 4 liability for former employers. 5 As long as the release of the 6 employee information is without fraud or 7 malice, they are exempt from liability. They 8 can commit -- we had a discussion in the last 9 few days about the difference between 10 negligence and gross negligence. Under this 11 bill, they could be guilty of negligence, they 12 could be guilty of gross negligence. And this 13 loose standard of care undermines the interest 14 of complete and thorough investigation. 15 Now, if it is important, as this 16 bill asserts -- and I think Senator Nozzolio 17 is correct that we have full investigation of 18 the backgrounds of people who we're going to 19 entrust with our lives, with our property, our 20 bravest and finest, New York City police 21 officers, police officers in other parts of 22 the state -- we have to ensure that the 23 information provided in the course of an 24 investigation into their background is 25 accurate.

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(518) 371-8910 1 There is no reason to loosen the 2 ordinary standards of care and undermine the 3 interests of complete and thorough 4 investigation by saying that unless you're 5 committing fraud, you have no liability. 6 You can just pull any file out, 7 whether it accurately reflects the background 8 of that employee or not, and as long as you're 9 not committing fraud or malice, you can be as 10 sloppy as you want to be. 11 This almost encourages people to 12 provide incomplete or misleading information. 13 There's no way to enforce any sort of 14 compliance with the law that would require 15 people to provide proper and accurate 16 information and be careful about this most 17 important issue. 18 I hope that this would not open up 19 the door, but I'm afraid it would, to people 20 who shouldn't become police officers, people 21 who have possibly criminal backgrounds or 22 other things in their past that would cause 23 most of us in this chamber to say, no, that's 24 not someone we should entrust with the duties, 25 responsibilities and powers of a police

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(518) 371-8910 1 officer. 2 This legislation as drafted would 3 not provide accurate background checks. 4 Again, I appreciate the intent. I think a lot 5 of us want to make sure and believe that it is 6 in the public interest to have thorough and 7 accurate investigations of the background of 8 police officers. But it is also in the public 9 interest to require that those investigations 10 are restricted to accurate information and 11 that the former employers have some duty of 12 care to ensure that the information is 13 accurate. 14 So the fact that this provision is 15 still in the bill I think will cause me and 16 quite a few of my colleagues to vote no. I 17 hope we'll be able to modify it and move 18 forward in the future with something that 19 provides for an accurate background check, 20 including a search of criminal history records 21 and employment records, so that we can ensure 22 that we have the caliber of people that I know 23 we all feel that we have in most cases and we 24 deserve in all cases in our police 25 departments.

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(518) 371-8910 1 Thank you, Madam President. I'll 2 be voting in the negative. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Is there any other Senator wishing 6 to be heard? 7 Senator Diaz, on the bill. 8 SENATOR DIAZ: Thank you, Madam 9 President. On the bill. 10 It has been required by the City of 11 New York, and by everyone, I believe -- I want 12 to speak about the City of New York, about my 13 daughter. My daughter is a police officer. 14 And when she applied for the job, she was 15 required to provide practically her whole life 16 story. 17 And it is something that is correct 18 to do. If you want to become a police 19 officer, if you want to become a peace 20 officer, you need to go through a background 21 check. It is important. It is necessary for 22 the government to produce or to be able to 23 know who are the persons that are applying for 24 those positions. 25 This bill, this bill authorizes law

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(518) 371-8910 1 enforcement agencies to conduct background 2 investigations on prospective peace and police 3 officers and requires an employer to disclose 4 employment information relating to a current 5 or former employee upon request. 6 I see nothing wrong with this piece 7 of legislation. This is something that should 8 be done, especially after 9/11. People, you 9 don't even know who's applying for this 10 security job. 11 So it's important for you to know 12 the background, where the person that is 13 applying for this position, where he or she 14 worked before, what kind of job they did 15 before, what are their background. 16 I congratulate Senator Nozzolio for 17 this piece of legislation. I know that all my 18 colleagues are voting against it. I am voting 19 for it. And I think it's a piece of 20 legislation that is needed and is called for, 21 especially in these times in the nation and in 22 the state. 23 So I urge my colleagues to vote for 24 this piece of legislation. Thank you. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Nozzolio, to close the 3 debate. 4 SENATOR NOZZOLIO: Thank you, 5 Madam President. On the measure. 6 I certainly appreciate the comments 7 of my colleagues and the constructive 8 criticism presented by Senator Schneiderman. 9 It's a delicate balance, a balance to try to 10 ensure that as much information as possible be 11 obtained. And I thank Senator Diaz for his 12 comments that we are trying to ensure the 13 safety and integrity of those who are 14 entrusted with the extremely important job, 15 extremely responsible position of being our 16 police officers. 17 Those in government, those who are 18 selecting security officers have a higher 19 obligation to the public at large to ensure 20 that their applicants are well reviewed. And 21 that it is -- hopefully this measure will help 22 them in their efforts. 23 Thank you, Madam President. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 The debate is closed. 2 The Secretary will ring the bell. 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 120th day. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT LITTLE: The 10 Secretary will announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1039 are 13 Senators Andrews, Connor, Coppola, Dilan, 14 Duane, Gonzalez, Hassell-Thompson, Klein, 15 L. Krueger, Parker, Paterson, Sabini, Sampson, 16 Savino, Schneiderman, Serrano, A. Smith, 17 M. Smith, Stachowski and Stavisky. 18 Ayes, 40. Nays, 20. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1562, by Senator Farley, Senate Print 7431A, 23 an act to amend the Banking Law. 24 SENATOR HASSELL-THOMPSON: 25 Explanation.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. Senator Farley, for an explanation. 3 SENATOR FARLEY: Thank you very 4 much, Madam President. 5 This is a bill that was developed 6 by the New York State Banking Department and 7 the New York State Association of Mortgage 8 Brokers and the Empire State Mortgage Bankers 9 Association. 10 Basically what it does, it tries to 11 improve the professionalism of the industry 12 while also ensuring greater accountability of 13 persons who work in this industry. 14 The bill would require individuals 15 who work for mortgage broker companies and 16 mortgage banking companies to be individually 17 registered with the State Banking Department. 18 These individuals will also have to complete a 19 certain number of hours of mortgage-related 20 courses before they can initially be 21 registered, and then complete a certain number 22 of hours of continuing education every two 23 years. 24 These requirements do not apply to 25 the clerical staff.

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(518) 371-8910 1 The Banking Department has noted 2 there have been certain people in the mortgage 3 industry who have engaged in questionable and 4 abusive practices while moving from company to 5 company. The system of individual 6 registration will help the department track 7 these employees. 8 This is a consumer bill that 9 protects the fraud that goes on in this 10 industry to steal homes and so forth from 11 consumers. 12 It's a bill that does not take 13 effect until 2008. If there's some tinkering 14 that needs to be done, I've got assurances 15 from the industry that we'll take care of it. 16 But we've got to send a message and stop this 17 fraud that is going on in this industry. It's 18 a good consumer bill. 19 ACTING PRESIDENT LITTLE: Senator 20 Hassell-Thompson. 21 SENATOR HASSELL-THOMPSON: Thank 22 you, Madam President. 23 I have reached a point of -- 24 somewhat of confusion, and some of which I've 25 created myself. In working with Senator

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(518) 371-8910 1 Farley this year, we have tried be very 2 cognizant of those issues relating to the bank 3 that are in the best interests and trying to 4 put forward that legislation that is in the 5 best interests of consumers, as well as trying 6 not to force our banking institutions to leave 7 the state charter and go to the federal 8 charter. 9 But in the process we've also been 10 entertaining complaints about mortgage 11 companies and new mortgage banking companies 12 that in some ways don't seem to be responding 13 in the best way possible to the consumer 14 population. 15 However, also in talking to the 16 banking industry -- to the mortgage banking 17 industry, that is -- their feeling is that 18 it's already an overly heavily regulated and a 19 compliance burden for the licensed mortgage 20 bankers who are doing business in the State of 21 New York. And these mortgage bankers, as 22 licensees of the state, don't enjoy the 23 federal exemption nor that which the 24 state-exempted banks enjoy, as proposed in 25 this bill.

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(518) 371-8910 1 As a result, they feel that this 2 bill places these mortgage bankers at a 3 disadvantage as compared to the federal or 4 state chartered mortgage banks and their 5 subsidiaries or affiliates who are exempted 6 from complying with the provisions of this 7 pill. 8 As a consumer advocate, it 9 sometimes creates a horned -- you know, you 10 find yourselves on the -- in a dilemma. And, 11 Senator Farley, I had hoped that we would be 12 able to continue to wrestle with this bill. I 13 had hoped that we would not put forward this 14 bill at this time so that we could try to come 15 up with some way to resolve some of the 16 internal issues around this bill. 17 But it is before us. And I'm going 18 to vote with you on this one, but I'm also 19 going to insist that every opportunity that 20 you and I have to continue to address both the 21 consumer issues as well as some of the 22 mortgage banking issues, we take the time to 23 try to resolve those and amend this in such a 24 way that we don't hurt but we encourage 25 appropriate behavior on the part of our

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(518) 371-8910 1 mortgage bankers. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Farley. 6 SENATOR FARLEY: On the bill. 7 ACTING PRESIDENT LITTLE: On the 8 bill. 9 SENATOR FARLEY: Let me just say 10 that Senator Ruth Hassell-Thompson has been a 11 delight to work with. We cooperated. I tried 12 to keep you informed on everything we're 13 doing. 14 This is a consumer bill. This is a 15 very, very important bill for Superintendent 16 Taylor. What we're talking about and what you 17 were referring to, Ruth, is down at the lower 18 level here, there's so many that are exempted, 19 that that's where the trouble has been. 20 That's where the fraud has taken place. 21 And unfortunately, some of these 22 things could be draconian and so forth that 23 we're trying to do, or we don't know what 24 they're going to do. Fortunately, we've got a 25 window of time. And you have my pledge that

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(518) 371-8910 1 we'll work together, particularly if this bill 2 needs some amendments or some tinkering with. 3 But this is a very high priority. 4 We need to send the message out here this year 5 that we're not going allow this fraud in this 6 area. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Are there any other Senators 10 wishing to be heard? 11 The debate is closed. 12 The Secretary will ring the bell. 13 Read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect January 1, 2008. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT LITTLE: The 20 Secretary will announce the results. 21 THE SECRETARY: Those Senators 22 recorded in the negative on Calendar Number 23 1562 are Senators DeFrancisco and Gonzalez. 24 Absent from voting: Senator 25 C. Kruger.

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(518) 371-8910 1 Ayes, 58. Nays, 2. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 Senator Robach. 5 SENATOR ROBACH: Yes, Madam 6 President. If you could go to Senator 7 Gonzalez for an announcement, please. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Gonzalez. 11 SENATOR GONZALEZ: Thank you, 12 Madam President. 13 There will be an immediate meeting 14 of the Minority conference in Room 315. 15 ACTING PRESIDENT LITTLE: There 16 will be an immediate meeting of the Minority 17 conference in Room 315. 18 SENATOR ROBACH: The Senate will 19 stand at ease pending the completion of the 20 Minority conference, Madam President. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 The Senate stands at ease. 24 (Whereupon, the Senate stood at 25 ease at 3:56 p.m.)

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(518) 371-8910 1 SENATOR BALBONI: Mr. President. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Balboni, why do you rise? 4 SENATOR BALBONI: I'd like to 5 announce that there will be a meeting of the 6 Rules Committee in the Majority Conference 7 Room at 5:10. 8 ACTING PRESIDENT MARCELLINO: 9 There will be a meeting of the Rules Committee 10 at 10 minutes after 5:00, which is in ten 11 minutes, in the Majority Conference Room. 12 SENATOR BALBONI: Until then, 13 we'll stand at ease. 14 ACTING PRESIDENT MARCELLINO: The 15 Senate will be at ease until the Rules report. 16 (Whereupon, the Senate reconvened 17 at 5:21 p.m.) 18 SENATOR BALBONI: Mr. President. 19 ACTING PRESIDENT ROBACH: Senator 20 Balboni. 21 SENATOR BALBONI: I'd like to 22 return to reports of standing committees. I 23 believe there's a report of the Finance 24 Committee at the desk. 25 ACTING PRESIDENT ROBACH: Reports

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(518) 371-8910 1 of standing committees. 2 The Secretary will read. 3 THE SECRETARY: Senator Johnson, 4 from the Committee on Finance, reports the 5 following nominations. 6 As a member of the State Board of 7 Parole, Jennifer Arena, of Selkirk. 8 ACTING PRESIDENT ROBACH: Senator 9 Johnson. 10 SENATOR JOHNSON: Move the 11 nomination. 12 ACTING PRESIDENT ROBACH: Senator 13 Nozzolio. 14 SENATOR NOZZOLIO: Yes, 15 Mr. President. 16 Jennifer Arena comes to the Parole 17 Commission as a nominee. The Crime Victims, 18 Crime and Corrections Committee reviewed her 19 qualifications; they're extremely diverse. 20 And particularly her experience in working in 21 the New York State Attorney General's office 22 will bode well for her service on the Parole 23 Commission. 24 Please move the nomination. 25 ACTING PRESIDENT ROBACH: Senator

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(518) 371-8910 1 Balboni. 2 SENATOR BALBONI: I just want to 3 add that Jennifer brings enormous sensitivity 4 to the issues of government, a passion for the 5 people. 6 She is somebody that we need to 7 have in this position because of her unique 8 understanding of all aspects of government 9 from a broad array of policy-making positions. 10 And I join with Senator Nozzolio in 11 urging that this be confirmed. Thank you. 12 ACTING PRESIDENT ROBACH: Thank 13 you, Senator Balboni. 14 All those in favor of Jennifer 15 Arena becoming a member of the State Board of 16 Parole signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT ROBACH: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT ROBACH: 22 Jennifer Arena is hereby confirmed as a member 23 of the New York State Board of Parole. 24 (Applause.) 25 ACTING PRESIDENT ROBACH: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: As a member of 3 the State Board of Parole, Alan J. Croce, of 4 Mattituck. 5 ACTING PRESIDENT ROBACH: Senator 6 Johnson. 7 SENATOR JOHNSON: I move the 8 nomination. 9 ACTING PRESIDENT ROBACH: Senator 10 Nozzolio. 11 SENATOR NOZZOLIO: Thank you, 12 Mr. President. 13 I proudly rise to second the 14 nomination of Alan Croce as a member of the 15 Parole Commission, as a commissioner. That Al 16 Croce is not a stranger at all to this house. 17 As a matter of fact, he's very familiar with 18 most of our members and particularly those of 19 us -- Senator Volker, myself, others -- who 20 are involved with criminal justice matters. 21 Al Croce continually kept us 22 apprised in his capacity as chairman of the 23 Commission on Corrections. He served in that 24 capacity extremely well. He continued to 25 inform the Legislature of the needs of the

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(518) 371-8910 1 commission in his responsibilities of 2 reviewing the correctional facilities across 3 the state. 4 He comes to the Parole Commission 5 not only with that experience but also a broad 6 array of experience in the local sheriff's 7 departments of his home county of Suffolk. 8 It's an excellent nomination, 9 Mr. President. I'm proud to support it. 10 ACTING PRESIDENT ROBACH: Senator 11 LaValle. 12 SENATOR LaVALLE: Thank you, 13 Mr. President. 14 I congratulate the Governor on 15 making this appointment. And this is Alan 16 Croce's fourth time before this house for 17 confirmation. 18 As Senator Nozzolio had mentioned, 19 he was the chair of the Commission on 20 Corrections and did an outstanding job. I 21 don't remember anyone in that role who worked 22 as hard, was as productive as Alan Croce. 23 Alan now, with this nomination for 24 the Parole Board, will have been through so 25 many different positions in the criminal

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(518) 371-8910 1 justice system. Every one that he's held 2 before this appointment, he did an outstanding 3 job. And I have no doubt he will do an 4 outstanding job in this position. 5 Congratulations, Alan. 6 ACTING PRESIDENT ROBACH: Senator 7 Balboni. 8 SENATOR BALBONI: Yes, 9 Mr. President. This is another nominee who 10 has demonstrated a consistent dedication to 11 government. 12 And what Alan brings to the job is 13 that he is somebody you can approach, ask 14 questions, get real good answers from them. 15 And also, he has a unique way with people. 16 And even, you know, has a way of being able to 17 tell you what you don't want to hear about the 18 process, but in a way that you understand why 19 it's being done that way. 20 He is a really knowledgeable and 21 experienced person, a great asset to the 22 board. 23 ACTING PRESIDENT ROBACH: Senator 24 Volker. 25 SENATOR VOLKER: Mr. President,

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(518) 371-8910 1 Alan Croce is probably the best chairman of 2 the Commission on Corrections. 3 And the late Ralph Marino and I 4 created that commission many years ago. And I 5 think probably Alan Croce was exactly the kind 6 of person that we envisioned would run the 7 Commission on Corrections. 8 There's no question that Alan has 9 all the qualifications in the world to be a 10 parole commissioner and will do a great job. 11 I wish him the very best. And frankly, I 12 think we should appreciate the fact that he's 13 still willing to serve in state service and 14 continue to help the criminal justice system. 15 ACTING PRESIDENT ROBACH: Senator 16 Marcellino. 17 SENATOR MARCELLINO: Thank you, 18 Mr. President. 19 I rise to congratulate the Governor 20 on his very fine appointment. 21 I've gotten to know Al Croce over 22 the years. He's a fine man. He'll do a great 23 job. I wish him well, look forward to seeing 24 him again. God bless. 25 ACTING PRESIDENT ROBACH: Is

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(518) 371-8910 1 there any other Senator wishing to be heard? 2 The question is on the nomination 3 of Alan Croce as a member of the State Parole 4 Board. All those in favor signify by saying 5 aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT ROBACH: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT ROBACH: Alan 11 Croce is hereby confirmed as a member of the 12 Parole Board. 13 (Applause.) 14 ACTING PRESIDENT ROBACH: The 15 Secretary will read. 16 THE SECRETARY: As a member of 17 the State Board of Parole, James B. Ferguson, 18 Jr., of New Rochelle. 19 ACTING PRESIDENT ROBACH: Senator 20 Golden. 21 SENATOR GOLDEN: Mr. President, I 22 rise to congratulate and to second the 23 nomination of James Ferguson as a member of 24 the Board of Parole. 25 James Ferguson is not only a good

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(518) 371-8910 1 friend and a good man, I had the privilege of 2 working with his father in the New York City 3 Police Department. He was an outstanding man 4 in the police department, an outstanding 5 family man, somebody you could go to and 6 somebody that made a difference in the City of 7 New York. 8 And his son should be proud of 9 that, and he will do us, the State of 10 New York, proud. So I congratulate the 11 Governor for this choice. 12 And when you take a look at what 13 James has been able to accomplish in law 14 enforcement himself -- being a commissioner of 15 the New York State Board of Parole, an 16 administrative law judge of the New York State 17 Division of Parole, an assistant district 18 attorney in the Bronx in the major case squad, 19 a professor at Mercy College and Monroe 20 College, and worked with NYPD. 21 James also has received numerous 22 awards for services in the Bronx district 23 attorney's office, the New York City Police 24 Department Retired Detectives, and many other 25 organizations. James is also active in the

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(518) 371-8910 1 New York State and Georgia Bar Associations, 2 the National District Attorneys Association, 3 the National Association of Administrative Law 4 Judges, the New York City Police Department 5 Emerald Society and the Westchester Emerald 6 Society, the Fraternal Order of Police, and 7 the list goes on and on. 8 So I congratulate James, and the 9 State of New York has got a real winner here. 10 James, congratulations, and I 11 second this nomination. 12 Thank you, Mr. President. 13 ACTING PRESIDENT ROBACH: Senator 14 Nozzolio. 15 SENATOR NOZZOLIO: Thank you, 16 Mr. President. On the nomination. 17 I proudly rise to second the 18 nomination of James B. Ferguson as a member of 19 the New York Board of Parole. Commissioner 20 Ferguson has been a parole commissioner. And 21 as our esteemed colleague Senator Golden has 22 so well indicated, Commissioner Ferguson has 23 had a broad background in criminal justice 24 matters. 25 And upon my first meeting with him,

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(518) 371-8910 1 before he came to the Crime Victims, Crime and 2 Corrections Committee for his initial 3 confirmation, it was apparent that the 4 diversity of experience that he's bringing to 5 the board, has brought to the board, and, as 6 now he's up for reappointment, that we 7 certainly congratulate him for that experience 8 and thank him for bringing that tenor of 9 experience to the board. 10 It's important the board has a 11 diverse background. And that we have already 12 utilized the guidance of Commissioner Ferguson 13 to help us in developing additional policy for 14 the Parole Board, and we thank him for that. 15 This excellent nomination has our 16 full support. Thank you very much. 17 ACTING PRESIDENT ROBACH: The 18 question is on the nomination of James B. 19 Ferguson, Jr., as a member of the New York 20 State Parole Board. All those in favor 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT ROBACH: Any 24 opposed, nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: James 2 B. Ferguson is hereby confirmed as a member of 3 the New York State Parole Board. 4 Congratulations. 5 (Applause.) 6 ACTING PRESIDENT ROBACH: We are 7 going to go just a little bit out of order 8 here. 9 Senator Maltese, who was not in the 10 chamber for the confirmation of Alan Croce, 11 would like to say a few words. 12 SENATOR MALTESE: I appreciate 13 very much your deference, Mr. President. I 14 was out of the chamber. 15 I couldn't miss the opportunity to 16 say a word about Alan Croce. Talk about a man 17 who is well suited for a position and matched 18 so perfectly with a position. His experience 19 in law enforcement, his experience as an 20 officer, as an undercover officer, as somebody 21 who was undersheriff of a county as populous 22 as Suffolk County. 23 As a former assistant district 24 attorney myself, I well recognize recognizing 25 all the sterling qualities of Alan Croce. As

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(518) 371-8910 1 the former chair of Crime Victims, I've come 2 to know many of the accomplishments and 3 splendid achievements of Alan Croce. 4 I commend the Governor on the 5 nomination and wish to second the nomination 6 at this late time and just add my accolades 7 and praise for not only the Governor but Alan 8 Croce. 9 Thank you, Mr. President, for your 10 indulgence. 11 ACTING PRESIDENT ROBACH: Thank 12 you, Senator Maltese. 13 Continuing, the Secretary will 14 read. 15 THE SECRETARY: As a member of 16 the State Board of Parole, Chris Ortloff, of 17 Plattsburgh. 18 ACTING PRESIDENT ROBACH: Senator 19 Johnson. 20 SENATOR JOHNSON: Move the 21 nomination. 22 ACTING PRESIDENT ROBACH: Senator 23 Little. 24 SENATOR LITTLE: Thank you, 25 Mr. President. I stand to second the

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(518) 371-8910 1 nomination of Chris Ortloff as a member of the 2 State Board of Parole. 3 Chris has been a lifelong resident 4 of the 45th Senate District and lived in Lake 5 Placid, born and raised in Lake Placid, and 6 now lives in Plattsburgh. But in both 7 communities he's been an active participant in 8 the community and involved in government as 9 well. 10 In Lake Placid he served on the 11 village board and he was involved in the 1980 12 Winter Olympics held in Lake Placid, where he 13 served as chief of ceremonies and awards for 14 the Olympic Games. 15 As a journalist, he's also written 16 two books, one on Lake Placid: The Olympic 17 Years, 1932-1980 and A Lady in the Lake. In 18 Plattsburgh he continued as a newscaster for 19 Channel 5 television and then served in the 20 Assembly for twenty years. In both places, 21 he's also been involved in the community, 22 particularly on the Battles of Plattsburgh, on 23 all of the organizations that went on in 24 promoting that for there. 25 In the Assembly, Chris has served

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(518) 371-8910 1 in numerous leadership positions and also as 2 Assistant Minority Leader. I join my 3 colleagues as we all wish Chris good luck in 4 this position, in this new capacity. He 5 brings a tremendous amount of experience to 6 this position. 7 Congratulations. 8 ACTING PRESIDENT ROBACH: Senator 9 Nozzolio. 10 SENATOR NOZZOLIO: Thank you, 11 Mr. President. 12 I wish to echo the comments of 13 Senator Little in this endorsement of Chris 14 Ortloff to be a member of the Parole 15 Commissioner. 16 Those of us who served with Chris 17 in the Assembly -- and many of us here have 18 had that opportunity -- certainly knew that 19 Chris Ortloff was very much involved in issues 20 involving corrections. That he took a keen 21 interest in issues that affected our state 22 prisons, affected the brave men and women who 23 work behind the walls who labor in the 24 toughest beat in the America. Chris was 25 constantly advocating on their behalf.

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(518) 371-8910 1 As such, I know he will be well 2 suited for this opportunity as a commissioner 3 of parole, and that we certainly believe that 4 that background will serve him well, his 5 legislative background as well as all the 6 other biographical experiences that Senator 7 Little shared. 8 That certainly Chris Ortloff has a 9 diversity of experience and a passion for 10 criminal justice issues that will bode well 11 for a diverse board and one that will focus on 12 justice and protection of our citizens. 13 Thank you, Mr. President. 14 ACTING PRESIDENT ROBACH: Senator 15 Balboni. 16 SENATOR BALBONI: Mr. President, 17 so many of us in this chamber, including 18 yourself, have served with Chris Ortloff for 19 many, many years. He's always been a 20 media-savvy, issue-savvy guy that has brought 21 a lot of class and charm from the North 22 Country. 23 I know that he's enjoyed working 24 with Senator Little and they together have 25 brought a lot of good things back to the

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(518) 371-8910 1 North Country. 2 And we're going to miss him in the 3 legislative process, but I know he's going to 4 bring a lot of insight and intelligence to the 5 Parole Board. I support the nomination. 6 ACTING PRESIDENT ROBACH: Thank 7 you, Senator Balboni. 8 Senator Maziarz. 9 SENATOR MAZIARZ: Thank you very 10 much, Mr. President. 11 I join in seconding the nomination 12 of my good friend Chris Ortloff. 13 Chris, all of this stop and start 14 here over the last 24 hours, and sitting 15 around while nothing was happening, probably 16 reminded you a lot of the other house. But I 17 can assure you it doesn't happen here very 18 often as much as it does over there. 19 This is a very good appointment, 20 and I know that Chris will always, during his 21 service on the State Board of Parole, as will 22 the other nominees, keep in mind fairness, 23 justice but, most importantly, the victims of 24 crimes in the State of New York. 25 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Senator 2 Stachowski. 3 SENATOR STACHOWSKI: I told Chris 4 in the gym that because of all the times he 5 forced me to watch Fox Television News while I 6 was trying to do my workout, that I wasn't 7 going to vote for him. But then I remembered 8 all the times he had the North Country 9 breakfast, and it kind of balanced out. 10 I think that Chris will be a fine 11 appointment. I congratulate the Governor. If 12 he puts the same intensity into this position 13 as he has into his job in the Assembly, I 14 think that he will be a remarkable member of 15 this board. 16 And I also have to say that anybody 17 that could do two terms of service in Vietnam 18 deserves our support, and that I'm glad to get 19 up and have the opportunity to support Chris 20 Ortloff. 21 ACTING PRESIDENT ROBACH: The 22 question is on the nomination of Chris Ortloff 23 as a member of the New York State Parole 24 Board. All those in favor signify by saying 25 aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT ROBACH: Any 3 opposed, nay. 4 (No response.) 5 ACTING PRESIDENT ROBACH: Chris 6 Ortloff is hereby confirmed as a member of the 7 New York State Parole Board. 8 Congratulations. 9 (Applause.) 10 ACTING PRESIDENT ROBACH: The 11 Secretary will read. 12 THE SECRETARY: As a member of 13 the State Commission of Correction, Daniel 14 Stewart, of Plattsburgh. 15 ACTING PRESIDENT ROBACH: Senator 16 Johnson. 17 SENATOR JOHNSON: Move the 18 nomination. 19 ACTING PRESIDENT ROBACH: Senator 20 Little. 21 SENATOR LITTLE: Thank you. 22 I rise now to second the nomination 23 of Dan Stewart as a member of the State 24 Commission of Correction. 25 Dan Stewart has a lot of

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(518) 371-8910 1 attributes. And in this confirmation process, 2 one of the things that we can confirm is that 3 he has a lot of patience. 4 He is the mayor of Plattsburgh and 5 has served there for a number of years doing 6 an excellent job working with the city, 7 bringing all kinds of projects to the city and 8 really building consensus among all people 9 within the city. Known as Mayor Dan, he has a 10 great deal of respect from people of all 11 parties within the city of Plattsburgh. He is 12 respected for his commitment to the city and 13 to work that he was doing. He is a consensus 14 builder. He is a person who listens to all 15 sides of the issues. 16 And he certainly knows all about 17 mandates and how mandates affect a city, a 18 town, a county and how they affect your tax 19 rate. 20 Dan is a person who will work well 21 with the staff. He has already been down 22 here. He has worked with Alan Croce for the 23 past several weeks finding out more about the 24 job and is anxious to get started. And I know 25 he will provide a great deal of dedication and

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(518) 371-8910 1 effort in this position and will be very, very 2 good in this position. 3 I look forward to working with him, 4 and I'm sure that the Governor's choice of Dan 5 is an excellent choice. Thank you. 6 And congratulations, Dan. 7 ACTING PRESIDENT ROBACH: Senator 8 Nozzolio. 9 SENATOR NOZZOLIO: Thank you, 10 Mr. President. On the nomination. 11 Senator Little, who I'm very proud 12 is a member of the Crime Victims, Crime and 13 Corrections Committee of this body, when she 14 talked about the qualifications of Dan Stewart 15 to serve as a member of the Commission on 16 Corrections, she, in advocating on his behalf, 17 talked frequently about having someone on that 18 commission that understood the cost to 19 property taxpayers and particularly local 20 governments as they wrestle with issues. 21 And that Senator Little's 22 understanding of that dynamic and her 23 endorsement of the nominee are certainly very 24 important as the deliberations move forward. 25 That it's important to have on that

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(518) 371-8910 1 commission someone who understands the very 2 important concept that whatever decisions are 3 made must be borne in large part by the local 4 property taxpayers. And that having local 5 government experience, understanding what that 6 dynamic is all about, is a key element. 7 And I think certainly, as Senator 8 Little has indicated, he will bring a great 9 dimension to this commission. 10 An excellent nomination. Thank 11 you, Mr. President. 12 ACTING PRESIDENT ROBACH: On the 13 nomination of Daniel Stewart as a member of 14 the State Commission of Correction, all in 15 favor signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT ROBACH: Any 18 opposed, nay. 19 (No response.) 20 ACTING PRESIDENT ROBACH: Daniel 21 Stewart is hereby confirmed as a member of the 22 State Commission on Correction. 23 Congratulations. 24 (Applause.) 25 ACTING PRESIDENT ROBACH: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: As a member of 3 the State Commission of Correction, Frances T. 4 Sullivan, of Fulton. 5 ACTING PRESIDENT ROBACH: Senator 6 Johnson. 7 SENATOR JOHNSON: Move the 8 nomination. 9 ACTING PRESIDENT ROBACH: On the 10 nomination of Frances Sullivan as a member of 11 the State Commission on Corrections, all those 12 in favor signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT ROBACH: Any 15 opposed, nay. 16 (No response.) 17 ACTING PRESIDENT ROBACH: Frances 18 Sullivan is hereby confirmed as a member of 19 the State Commission of Correction. 20 The Secretary will read. 21 THE SECRETARY: As a member of 22 the Workers' Compensation Board, Scott Craig 23 Firestone, Esquire, of Port Washington. 24 ACTING PRESIDENT ROBACH: Senator 25 Johnson.

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(518) 371-8910 1 SENATOR JOHNSON: Move the 2 nomination. 3 ACTING PRESIDENT ROBACH: The 4 question is on the nomination of Scott 5 Firestone as a member of the Workers' 6 Compensation Board. All in favor signify by 7 saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT ROBACH: Any 10 opposed, nay. 11 (No response.) 12 ACTING PRESIDENT ROBACH: Scott 13 Firestone is hereby confirmed as a member of 14 the Workers' Compensation Board. 15 (Applause.) 16 ACTING PRESIDENT ROBACH: The 17 Secretary will read. 18 THE SECRETARY: As a member of 19 the New York State Thruway Authority, Jeffrey 20 D. Williams, of Lewiston. 21 ACTING PRESIDENT ROBACH: Senator 22 Johnson. 23 SENATOR JOHNSON: Move the 24 nomination. 25 ACTING PRESIDENT ROBACH: Senator

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(518) 371-8910 1 Rath. 2 SENATOR RATH: Thank you, 3 Mr. President. I wish to second the 4 nomination of Jeff Williams to the Thruway 5 Authority. 6 Jeff has been a community activist 7 and someone I've known for many years. I 8 think it's a very wise choice by the Governor. 9 I congratulate Mr. Williams, look 10 forward to working with him as we have many 11 challenges throughout Western New York. 12 Thank you. 13 ACTING PRESIDENT ROBACH: Senator 14 Coppola. 15 SENATOR COPPOLA: Thank you, 16 Mr. President. On the nomination of 17 Mr. Williams. 18 I rise in support of Mr. Williams' 19 nomination at this time. Many of you may know 20 that most of us in Western New York have 21 raised serious issues with the New York State 22 Thruway Authority and their lack of 23 understanding of the issues with regard to the 24 toll barriers that surround the City of 25 Buffalo and in particular downtown Buffalo,

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(518) 371-8910 1 and the cost to local commuters. 2 And it's a serious issue that all 3 the gubernatorial candidates have said that 4 they would deal with this issue once they took 5 office in January. All of the Western 6 New York legislators, both at the local, 7 county, state and even federal level, have 8 weighed in on this issue. And it's a very 9 serious issue to all of us in Western New 10 York, to myself and my constituents and some 11 of my colleagues here in the chamber. 12 I spoke with Mr. Williams earlier, 13 and he did assure me that he will work 14 diligently to come up with ways to remove, 15 specifically, two barriers that are causing 16 not only environmental hazards, causing 17 traffic jams, safety hazards, and tremendous 18 problems for the city of Buffalo. 19 And I'm very, very happy that the 20 Governor has decided to appoint to the board 21 somebody from Western New York, and I'm glad 22 that Mr. Williams and I have had a very good 23 discussion earlier about the ability to remove 24 those tolls and possibly move them somewhere 25 else or possibly eliminate them totally.

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(518) 371-8910 1 So I support this nomination, 2 Mr. President. 3 ACTING PRESIDENT ROBACH: Thank 4 you, Senator Coppola. 5 Senator Maziarz. 6 SENATOR MAZIARZ: Thank you very 7 much, Mr. President. 8 It's with a great deal of pride and 9 pleasure that I rise to second this nomination 10 of a very good friend of mine, Jeff Williams. 11 Jeff, I've known his family from 12 Niagara Falls, Niagara County, for many, many 13 years. Jeff will be an excellent addition, an 14 excellent addition to the Thruway Authority. 15 For a long time there has not been a 16 representative from Western New York on the 17 New York State Thruway Authority. And I think 18 the Governor could not have picked a finer, 19 fairer person. 20 As my colleague Senator Coppola 21 pointed out, we have an issue regarding tolls 22 in the city of Buffalo and the Western 23 New York area. And, you know, it's going to 24 take the wisdom of Solomon to go in there and 25 to resolve that long-standing issue and

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(518) 371-8910 1 problem of toll barriers. 2 And Senator Coppola is right, there 3 are environmental issues, transportation flow 4 issues, and so forth. I know I've got issues, 5 Jeff, about the tolls on the Grand Island 6 bridges. And we know that resolution will 7 come, but it's going to come quicker and 8 better for the citizens of Western New York 9 because we now feel that we have 10 representation on that authority. 11 I heartily second this nomination. 12 Jeff, I wish you and your family 13 well on this venture and many others in the 14 future. 15 Thank you, Mr. President. 16 ACTING PRESIDENT ROBACH: Senator 17 Volker. 18 SENATOR VOLKER: Yeah, 19 Mr. President. Mr. President, could I have 20 this one on, this mike, please? Thank you. 21 I've known Jeff Williams for many, 22 many years. There was a kind of a strange 23 issue in Buffalo -- as everybody knows, some 24 of the Washington officials have announced 25 that they want to take all the tolls off the

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(518) 371-8910 1 Thruway. Somehow they forgot to tell us that 2 there is no money out of Washington to help us 3 take the tolls off, and the cost would be 4 about $3.9 million. 5 But there's a mythology that's come 6 around in Buffalo that it's easy to get rid of 7 tolls. The truth is that you have to deal 8 with bondholders and all sorts of things. 9 Jeff Williams got into a little 10 problem in Buffalo because he had the audacity 11 to say: I've got to look at the numbers. So 12 they said, Well, he's not for getting rid of 13 tolls. Which is silly. The truth is that 14 he'll make an excellent member of the Thruway 15 Authority. 16 And I'd just like to say to my 17 colleagues that we are working on the Thruway 18 Authority. But I think it is comical that 19 every governor since Tom Dewey has said that 20 they're going to get rid of the tolls on the 21 Thruway, but somehow they found out that 22 there's bondholders and tons of money and so 23 forth that make it rather difficult. 24 So, Jeff, I hope you're on the 25 Thruway Authority when the tolls come off.

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(518) 371-8910 1 But it's probably not too likely. But at any 2 rate, congratulations, and you'll make an 3 excellent member of the Thruway Authority. 4 ACTING PRESIDENT ROBACH: Is 5 there any other Senator wishing to be heard? 6 On the nomination of Jeffrey D. 7 Williams as a member of the New York State 8 Thruway Authority, all in favor signify by 9 saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT ROBACH: Any 12 opposed, nay. 13 (No response.) 14 ACTING PRESIDENT ROBACH: Jeffrey 15 D. Williams is hereby confirmed as a member of 16 the New York State Thruway Authority. 17 Congratulations. 18 (Applause.) 19 ACTING PRESIDENT ROBACH: The 20 Secretary will read. 21 THE SECRETARY: As a director of 22 the State of New York Mortgage Agency, Jerome 23 M. Becker, Esquire, of New York City. 24 As a director of the State of 25 New York Mortgage Agency, Gregory J. Raphael,

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(518) 371-8910 1 Esquire, of Garden City. 2 As a member of the Battery Park 3 City Authority, Frank J. Branchini, of 4 New York City. 5 As a member of the Battery Park 6 City Authority, Robert J. Mueller, of New York 7 City. 8 As a member of the Capital District 9 Transportation Authority, Norman L. Miller, of 10 Schenectady. 11 As a member of the Niagara Frontier 12 Transportation Authority, Eunice A. Lewin, of 13 Buffalo. 14 As a member of the Administrative 15 Review Board for Professional Medical Conduct, 16 Datta G. Wagle, M.D., of Williamsville. 17 As a member of the Correction 18 Medical Review Board, John Rugge, M.D., of 19 Queensbury. 20 As members of the Advisory Board on 21 Public Work, Daniel J. McGraw, Esquire, of 22 Clifton Park, and Ross J. Pepe, of New City. 23 As a member of the Small Business 24 Advisory Board, Loretta Kaminsky, of 25 Williamsville.

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(518) 371-8910 1 As a member of the State Banking 2 Board, Hans Joachim Doepp, of Purchase. 3 As a member of the Board of 4 Trustees of the State University of New York 5 College of Environmental Science and Forestry, 6 Charles G. Fox, of New York City. 7 As a member of the State Board of 8 Historic Preservation, Arete Swartz Warren, of 9 New York City. 10 As a member and chairperson of the 11 Freshlands Wetlands Appeals Board, Rhonda K. 12 Amoroso, Esquire, of Garden City. 13 As a member of the Lake George Park 14 Commission, Kenneth W. Parker, of Diamond 15 Point. 16 As a member of the Allegany State 17 Park, Recreation and Historic Preservation 18 Commission, William J. Heaney, of Belfast. 19 As a member of the Niagara Frontier 20 State Park, Recreation and Historic 21 Preservation Commission, Jean Read Knox, of 22 Buffalo. 23 As a member of the Taconic State 24 Park, Recreation and Historic Preservation 25 Commission, Kevin J. Plunkett, Esquire, of

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(518) 371-8910 1 Tarrytown. 2 As a member of the Thousand Islands 3 State Park, Recreation and Historic 4 Preservation Commission, Joanne Dicob, of 5 Lowville. 6 As a member of the State Racing 7 Commission, John Anthony Tesiero, Jr., of 8 Amsterdam. 9 As a member of the Medical Advisory 10 Committee, David J. Cerniglia, D.C., of 11 Schenectady. 12 As a member of the Board of 13 Directors of the New York Convention Center 14 Operating Corporation, Mary A. D'Elia, of 15 New York City. 16 As members of the Board of Trustees 17 of the New York State Higher Education 18 Services Corporation, Laureen Fitzgerald, of 19 Albany; Richard Guarasci, of Staten Island; 20 and John G. Zampella, IV, of Glenville. 21 As members of the Public Health 22 Commission, Susan G. Regan, Esquire, of 23 New York City, and Peter G. Robinson, of 24 Rochester. 25 As a measure of the State Hospital

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(518) 371-8910 1 Review and Planning Council, Michael S. Sloma, 2 of Youngstown. 3 As a member of the Council on Human 4 Blood and Transfusion Services, Nadia Rajsz, 5 of Glen Spey. 6 As a member of the Board of 7 Visitors of the Broome Developmental 8 Disabilities Services Office, Mildred Hendry 9 Bengel, of Johnson City. 10 As a member of the Board of 11 Visitors of the Capital District Developmental 12 Disabilities Services Office, Joseph R. 13 Auriemma, of Scotia. 14 As members of the Board of Visitors 15 of the Mohawk Valley Psychiatric Center, Anne 16 M. Jackson, of Boonville, and Maneck Kotwal, 17 M.D., of New Hartford. 18 As a member of the Board of 19 Visitors of the Rochester Psychiatric Center, 20 Dorothy A. Wentland, of LeRoy. 21 As a member of the Board of 22 Visitors of the Staten Island Developmental 23 Disabilities Services Office, Frank L. 24 Tellefsen, of Staten Island. 25 As a member of the Adirondack Park

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(518) 371-8910 1 Agency, Arthur S. Lussi, of Lake Placid. 2 As a member of the Dormitory 3 Authority, Brian Ruder, of Scarsdale. 4 As an alternate nonvoting member of 5 the Metropolitan Transportation Authority, 6 James L. McGovern, of Manhasset. 7 As a trustee of the Power Authority 8 of the State of New York, Leonard N. Spano, of 9 Yonkers. 10 As a member of the Advisory Board 11 on Public Work, Joseph R. Lagana, of West 12 Nyack. 13 As a member of the State Park, 14 Recreation and Historic Preservation 15 Commission for the City of New York, Judith 16 Pond Kudlow, of New York City. 17 As a member of the Thousand Islands 18 State Park, Recreation and Historic 19 Preservation Commission, William H. Wormuth, 20 of Lowville. 21 As a member of the Board of 22 Directors of the New York Convention Center 23 Operating Corporation, Michael J. Stengel, of 24 New York City. 25 As a member of the State Hospital

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(518) 371-8910 1 Review and Planning Council, J. Patrick 2 Sheehan, of Larchmont. 3 As a trustee of the City University 4 Construction Fund, Philip F. Foglia, Esquire, 5 of the Bronx. 6 As a member of the Board of 7 Visitors of the Helen Hayes Hospital, Kathleen 8 Sweeney, of Haverstraw. 9 As a member of the Board of 10 Visitors of the New York State Home for 11 Veterans and their Dependents at Montrose, 12 Gerald C. Walsh, of West Nyack. 13 And as a member of the Board of 14 Visitors of the Rockland Children's 15 Psychiatric Center, Linda M. O'Hagan, of Pearl 16 River. 17 ACTING PRESIDENT ROBACH: On the 18 confirmation of all the nominees as read by 19 the Secretary, all in favor signify by saying 20 aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT ROBACH: 23 Opposed, nay. 24 (Response of "Nay.") 25 ACTING PRESIDENT ROBACH: Senator

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(518) 371-8910 1 Krueger. 2 SENATOR LIZ KRUEGER: Thank you. 3 I will be voting no on the 4 reappointment of Jerome Becker to the State of 5 New York Mortgage Agency, SONYMA. Thank you. 6 ACTING PRESIDENT ROBACH: The 7 record will so reflect. 8 The nominees are hereby confirmed 9 in their respective titles. 10 SENATOR BALBONI: Mr. President. 11 ACTING PRESIDENT ROBACH: Senator 12 Balboni. 13 SENATOR BALBONI: Could we please 14 return to motions and resolutions. 15 There is a resolution from Senator 16 Sabini at the desk. I would ask that the 17 title be read and move for its immediate 18 adoption. 19 ACTING PRESIDENT ROBACH: Motions 20 and resolutions. 21 The Secretary will read. 22 THE SECRETARY: By Senator 23 Sabini, Legislative Resolution Number 6268, 24 memorializing Governor George E. Pataki to 25 proclaim July 23 through 30, 2006, as Peruvian

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(518) 371-8910 1 Heritage Week in the State of New York. 2 ACTING PRESIDENT ROBACH: On the 3 resolution, all those in favor signify by 4 saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT ROBACH: Any 7 opposed, nay. 8 (No response.) 9 ACTING PRESIDENT ROBACH: The 10 resolution is adopted. 11 Senator Balboni. 12 SENATOR BALBONI: Mr. President, 13 would you please recognize Senator Seward for 14 a motion. 15 ACTING PRESIDENT ROBACH: Senator 16 Seward. 17 SENATOR SEWARD: Yes, 18 Mr. President. I wish to call up Senator 19 LaValle's bill, Print Number 8405, which is at 20 the desk. 21 ACTING PRESIDENT ROBACH: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 2142, by Senator LaValle, Senate Print 8405, 25 an act to amend the Environmental Conservation

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(518) 371-8910 1 Law and others. 2 SENATOR SEWARD: Mr. President, I 3 now move to reconsider the vote by which this 4 bill was passed and ask that the bill be 5 restored to the order of third reading. 6 ACTING PRESIDENT ROBACH: Call 7 the roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT ROBACH: The 11 bill is restored to third reading. 12 Senator Balboni. 13 SENATOR BALBONI: Mr. President, 14 could we please return to Supplemental 15 Calendar Number 62B and take up Senator 16 Wright's bill, Calendar Number 2234. 17 ACTING PRESIDENT ROBACH: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 2234, substituted earlier today by the 21 Assembly Committee on Rules, Assembly Print 22 Number 12013, an act to amend the Economic 23 Development Law. 24 ACTING PRESIDENT ROBACH: 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 ROBACH: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT ROBACH: Senator 7 Wright, to explain his vote. 8 SENATOR WRIGHT: Thank you very 9 much, Mr. President. 10 The bill that we're voting on this 11 evening is the extension of the Power for Jobs 12 and Energy Cost Savings Benefits Service 13 Program. This bill will extend that 14 through -- excuse me, the current program will 15 extend through June of 2007 and will also 16 provide restitution for the higher than 17 anticipated rates that were incurred under the 18 existing Power for Jobs program. 19 This addresses the concerns that 20 were raised by the Governor in the veto of the 21 previous Power for Jobs extension that was 22 included in the budget. 23 Thank you. 24 ACTING PRESIDENT ROBACH: Senator 25 Wright, you will be recorded in the

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(518) 371-8910 1 affirmative. 2 Announce the results. 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT ROBACH: The 5 bill is passed. 6 Senator Balboni. 7 SENATOR BALBONI: Yes, 8 Mr. President. We're going to return to the 9 main calendar for today, and we're going to 10 take up a number of bills, the first being 11 2163, Calendar Number 2163, by Senator Hannon. 12 ACTING PRESIDENT ROBACH: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 2163, by Senator Hannon, Senate Print 8227B, 16 an act to amend the Public Health Law. 17 ACTING PRESIDENT ROBACH: Senator 18 Balboni. 19 SENATOR BALBONI: Yes, 20 Mr. President. I believe there is a message 21 of necessity at the desk. 22 ACTING PRESIDENT ROBACH: Yes, 23 there is. 24 SENATOR BALBONI: Move to accept. 25 ACTING PRESIDENT ROBACH: All in

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(518) 371-8910 1 favor of accepting the message of necessity 2 signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT ROBACH: Any 5 opposed? 6 (No response.) 7 ACTING PRESIDENT ROBACH: The 8 message is accepted. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 December. 13 ACTING PRESIDENT ROBACH: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT ROBACH: The 18 bill is passed. 19 SENATOR BALBONI: Mr. President. 20 ACTING PRESIDENT ROBACH: Senator 21 Balboni. 22 SENATOR BALBONI: Will you please 23 take up Calendar Number 1373. 24 ACTING PRESIDENT ROBACH: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 1373, Senator Golden moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 10917A and substitute it 5 for the identical Senate Bill Number 7502A, 6 Third Reading Calendar 1373. 7 ACTING PRESIDENT ROBACH: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1373, by Member of the Assembly Englebright, 12 Assembly Print Number 10917A, an act to amend 13 the Elder Law and others. 14 ACTING PRESIDENT ROBACH: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT ROBACH: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 Senator Balboni. 25 SENATOR BALBONI: Yes, could you

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(518) 371-8910 1 please take up Calendar 2061, by Senator 2 LaValle. 3 ACTING PRESIDENT ROBACH: The 4 Secretary will read. 5 THE SECRETARY: In relation to 6 Calendar Number 2061, Senator LaValle moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 8417B and substitute it 9 for the identical Senate Bill Number 7675C, 10 Third Reading Calendar 2061. 11 ACTING PRESIDENT ROBACH: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 2061, by Member of the Assembly Canestrari, 16 Assembly Print Number 8417B, an act to amend 17 the Education Law. 18 ACTING PRESIDENT ROBACH: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ROBACH: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: The 2 bill is passed. 3 Senator Balboni. 4 SENATOR BALBONI: Yes, 5 Mr. President. Could you please take up 6 Calendar Number 2148, by Senator Winner. 7 ACTING PRESIDENT ROBACH: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 2148, by Senator Winner, Senate Print 3531A, 11 an act to amend the Workers' Compensation Law. 12 ACTING PRESIDENT ROBACH: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect January 1, 2007. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 SENATOR BALBONI: Mr. President. 23 ACTING PRESIDENT ROBACH: Senator 24 Balboni. 25 SENATOR BALBONI: Please take up

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(518) 371-8910 1 Calendar Number 2113, by Senator Bruno. 2 ACTING PRESIDENT ROBACH: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 2113, by Senator Bruno, Senate Print 8438, an 6 act authorizing the County of Saratoga. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 SENATOR BALBONI: Mr. President. 18 ACTING PRESIDENT ROBACH: Senator 19 Balboni. 20 SENATOR BALBONI: Could we please 21 return to the reports of standing committees. 22 I believe there's a Rules report at the desk. 23 ACTING PRESIDENT ROBACH: Reports 24 of standing committees. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Senator Bruno, 2 from the Committee on Rules, reports the 3 following bills: 4 Senate Print 2954C, by Senator 5 Spano, an act to amend the Vehicle and Traffic 6 Law; 7 5357B, by Senator Padavan, an act 8 to amend the Vehicle and Traffic Law; 9 5582B, by Senator Seward, an act to 10 amend the Insurance Law; 11 5612B, by Senator Winner, an act to 12 amend the Workers' Compensation Law; 13 6629A, by Senator Spano, an act to 14 amend the Mental Hygiene Law; 15 7389A, by Senator Robach, an act to 16 amend the Education Law; 17 7510A, by Senator Libous, an act to 18 authorize; 19 7552, by Senator Bonacic, an act to 20 amend the Education Law; 21 7604B, by Senator Klein, an act to 22 amend the Vehicle and Traffic Law; 23 7972A, by the Senate Committee on 24 Rules, an act to amend the Tax Law; 25 8448, by the Senate Committee on

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(518) 371-8910 1 Rules, an act to amend the Insurance Law; 2 8465, by Senator Robach, an act to 3 amend the Public Health Law; 4 8468, by Senator Volker, an act to 5 amend the Civil Practice Law and Rules; 6 8469, by Senator Fuschillo, an act 7 to amend the General Business Law; 8 And Senate Print 8474, by Senator 9 Robach, an act to amend the Civil Service Law. 10 All bills ordered direct to third 11 reading. 12 ACTING PRESIDENT ROBACH: Senator 13 Balboni. 14 SENATOR BALBONI: Mr. President, 15 I would move to accept the report of the Rules 16 Committee. 17 ACTING PRESIDENT ROBACH: All 18 those in favor of accepting the report of the 19 Rules Committee signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT ROBACH: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT ROBACH: The 25 report is accepted.

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(518) 371-8910 1 Senator Balboni. 2 SENATOR BALBONI: Mr. President, 3 while we wait for the calendars to be 4 distributed with the bills, could you please 5 go back to the main calendar and take up 6 Calendar Number 1928. 7 ACTING PRESIDENT ROBACH: The 8 Secretary will read. 9 Senator Balboni. 10 SENATOR BALBONI: Mr. President, 11 can we lay that bill aside for a moment, 12 please. 13 ACTING PRESIDENT ROBACH: The 14 bill is laid aside. 15 Senator Balboni. 16 SENATOR BALBONI: Mr. President, 17 Calendar Number 1928 has now been put on the 18 members' desks. The members will recall that 19 all of us voted for this bill a couple of days 20 ago, and then it was recalled, restored to the 21 calendar, and now it has a message. I'm 22 sorry, it was amended, and now it has a 23 message on the amended version. 24 ACTING PRESIDENT ROBACH: The 25 Secretary will read Calendar Number 1928.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1928, by Senator Fuschillo, Senate Print 3 8124A, an act to amend the General Business 4 Law. 5 SENATOR BALBONI: I believe there 6 is a message of necessity at the desk, 7 Mr. President, and I would move to accept the 8 message. 9 ACTING PRESIDENT ROBACH: There 10 is a message of necessity at the desk. All in 11 favor of accepting the message signify by 12 saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT ROBACH: Any 15 opposed, nay. 16 (No response.) 17 ACTING PRESIDENT ROBACH: The 18 message is accepted. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ROBACH: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: The 2 bill is passed. 3 Senator Balboni, is there anything 4 you'd like to do right now? 5 SENATOR BALBONI: Yes, I would. 6 Let's see if I can do this. 7 We're going to take Calendar Number 8 2142, by Senator LaValle, which we already 9 passed and then we recalled, and now it's 10 going to be substituted and we're going 11 consider it again. 12 ACTING PRESIDENT ROBACH: The 13 Secretary will read. 14 THE SECRETARY: In relation to 15 Calendar Number 2142, Senator LaValle moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 7633B and substitute it 18 for the identical Senate Bill Number 8405, 19 Third Reading Calendar 2142. 20 ACTING PRESIDENT ROBACH: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 2142, by Member of the Assembly Eddington, 25 Assembly Print Number 7633B, an act to amend

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(518) 371-8910 1 the Environmental Conservation Law and others. 2 ACTING PRESIDENT ROBACH: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ROBACH: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 Senator Balboni. 13 SENATOR BALBONI: Yes, 14 Mr. President. Could we please go to Senate 15 Supplemental Calendar Number 62C, which we 16 will read in a noncontroversial fashion. 17 ACTING PRESIDENT ROBACH: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 2241, by Senator Spano, Senate Print 2954C, an 21 act to amend the Vehicle and Traffic Law and 22 others. 23 ACTING PRESIDENT ROBACH: There 24 is a home-rule message at the desk. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 28. This 2 act shall take effect immediately. 3 ACTING PRESIDENT ROBACH: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 2241 are 8 Senators Balboni, Maltese, Marcellino, Skelos 9 and Volker. Also Senator Saland. Also 10 Senator DeFrancisco. Also Senator Morahan. 11 Also Senator LaValle. 12 Ayes, 52. Nays, 9. 13 ACTING PRESIDENT ROBACH: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2242, by Senator Padavan, Senate Print 5357B, 17 an act to amend the Vehicle and Traffic Law 18 and the Administrative Code of the City of 19 New York. 20 ACTING PRESIDENT ROBACH: There 21 is a home-rule message at the desk. 22 The Secretary will read the last 23 section. 24 THE SECRETARY: Section 11. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 2242 are 6 Senators Balboni, DeFrancisco, Johnson, 7 LaValle, Maltese, Marcellino, Morahan, Saland, 8 Skelos and Volker. 9 Ayes, 51. Nays, 10. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2243, by Senator Seward, Senate Print 5582B, 14 an act to amend the Insurance Law. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT ROBACH: Senator 23 Krueger, to explain her vote. 24 SENATOR LIZ KRUEGER: Thank you, 25 Mr. President.

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(518) 371-8910 1 Well, this bill seems to slide 2 through late in each session. But just for 3 the record, as people are voting, this would 4 allow cellphone sellers to basically go into 5 the insurance business without being under the 6 license or regulation of the New York State 7 Insurance Department. 8 And I think that we shouldn't be 9 removing insurance from the Insurance 10 Department, to keep it simple. I understand 11 it's a one-house bill, as it has been in the 12 past. And again, there's so many coming 13 through. But again, for the record, I'm not a 14 big proponent of removing insurance from 15 authorization and regulation by the Insurance 16 Department, so I'm voting no. Thank you. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 2243 are 19 Senators Balboni, Bonacic, Connor, Coppola, 20 Duane, Fuschillo, Golden, Hannon, 21 Hassell-Thompson, Klein, L. Krueger, Larkin, 22 LaValle, Meier, Morahan, Nozzolio, Rath, 23 Savino, Skelos, A. Smith, Stavisky, Valesky, 24 Volker, Winner, Wright and Young. 25 ACTING PRESIDENT ROBACH: Senator

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(518) 371-8910 1 Balboni. 2 SENATOR BALBONI: Mr. President, 3 could we lay that bill aside temporarily. 4 ACTING PRESIDENT ROBACH: The 5 roll call is withdrawn. The bill is 6 temporarily laid aside. 7 (Groans.) 8 ACTING PRESIDENT ROBACH: If we 9 could just have a little order in here so we 10 could continue. 11 The Secretary will read. 12 THE SECRETARY: In relation to 13 Calendar Number 2244, Senator Winner moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 8713B and substitute it 16 for the identical Senate Bill Number 5612B, 17 Third Reading Calendar 2244. 18 ACTING PRESIDENT ROBACH: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 2244, by the Assembly Committee on Rules, 23 Assembly Print Number 8713B, an act to amend 24 the Workers' Compensation Law. 25 ACTING PRESIDENT ROBACH: 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 ROBACH: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT ROBACH: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2245, by Senator Spano, Senate Print 6629A, an 12 act to amend the Mental Hygiene Law. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect on the 120th day. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. Nays, 21 1. Senator Meier recorded in the negative. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2246, Senator Robach moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 10570A and substitute it 3 for the identical Senate Bill Number 7389A, 4 Third Reading Calendar 2246. 5 ACTING PRESIDENT ROBACH: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2246, by Member of the Assembly Abbate, 10 Assembly Print Number 10570A, an act to amend 11 the Education Law. 12 ACTING PRESIDENT ROBACH: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2247, Senator Libous moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11311A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 7510A, 2 Third Reading Calendar 2247. 3 ACTING PRESIDENT ROBACH: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2247, by Member of the Assembly Crouch, 8 Assembly Print Number 11311A, an act to 9 authorize the County of Broome. 10 ACTING PRESIDENT ROBACH: There 11 is 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 ROBACH: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT ROBACH: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2248, by Senator Bonacic, Senate Print 7552, 23 an act to amend the Education Law. 24 ACTING PRESIDENT ROBACH: 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 ROBACH: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT ROBACH: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 2249, Senator Klein moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 10938B and substitute it 13 for the identical Senate Bill Number 7604B, 14 Third Reading Calendar 2249. 15 ACTING PRESIDENT ROBACH: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 2249, by Member of the Assembly Paulin, 20 Assembly Print Number 10938B, an act to amend 21 the Vehicle and Traffic Law. 22 ACTING PRESIDENT ROBACH: There 23 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 effect on the 60th day. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT ROBACH: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2250, by the Senate Committee on Rules, Senate 10 Print Number 7972A, an act to amend the Tax 11 Law. 12 ACTING PRESIDENT ROBACH: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. Nays, 21 1. Senator Valesky recorded in the negative. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2251, Senator Bruno moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 12014 and substitute it 3 for the identical Senate Bill Number 8448, 4 Third Reading Calendar 2251. 5 ACTING PRESIDENT ROBACH: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2251, by the Assembly Committee on Rules, 10 Assembly Print Number 12014, an act to amend 11 the Insurance Law. 12 ACTING PRESIDENT ROBACH: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall effect immediately. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 2251 are 21 Senators Bonacic, Little, Meier, Rath, Saland 22 and Seward. 23 Ayes, 55. Nays, 6. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 2252, Senator Robach moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 11887 and substitute it 5 for the identical Senate Bill Number 8465, 6 Third Reading Calendar 2252. 7 ACTING PRESIDENT ROBACH: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 2252, by the Assembly Committee on Rules, 12 Assembly Print Number 11887, an act to amend 13 the Public Health Law. 14 ACTING PRESIDENT ROBACH: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall effect on the 60th day. 18 ACTING PRESIDENT ROBACH: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2253, by Senator Volker, Senate Print 8468, an

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(518) 371-8910 1 act to amend the Civil Practice Law and Rules. 2 SENATOR BALBONI: Mr. President. 3 ACTING PRESIDENT ROBACH: Senator 4 Balboni. 5 SENATOR BALBONI: Is there a 6 message of necessity at the desk? 7 ACTING PRESIDENT ROBACH: Yes, 8 there is. 9 SENATOR BALBONI: I move that we 10 accept the message. 11 ACTING PRESIDENT ROBACH: All in 12 favor of accepting the message of necessity 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT ROBACH: Any 16 opposed? 17 (No response.) 18 ACTING PRESIDENT ROBACH: The 19 message is accepted. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the same date and in 23 the same manner as a chapter of the Laws of 24 2006. 25 ACTING PRESIDENT ROBACH: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT ROBACH: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 2254, Senator Fuschillo moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 11427 and substitute it 10 for the identical Senate Bill Number 8469, 11 Third Reading Calendar 2254. 12 ACTING PRESIDENT ROBACH: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2254, by Member of the Assembly Pheffer, 17 Assembly Print Number 11427, an act to amend 18 the General Business Law. 19 ACTING PRESIDENT ROBACH: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT ROBACH: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT ROBACH: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 2255, by Senator Robach, Senate Print 8474, an 6 act to amend the Civil Service Law and the 7 State Finance Law. 8 ACTING PRESIDENT ROBACH: Senator 9 Balboni. 10 SENATOR BALBONI: Mr. President, 11 I believe there is a message of necessity at 12 the desk. 13 ACTING PRESIDENT ROBACH: There 14 is. 15 SENATOR BALBONI: I move to 16 accept the message. 17 ACTING PRESIDENT ROBACH: All in 18 favor of accepting the message signify by 19 saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT ROBACH: Any 22 opposed? 23 (No response.) 24 ACTING PRESIDENT ROBACH: The 25 message is accepted.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 25. This 3 act shall take effect immediately. 4 ACTING PRESIDENT ROBACH: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT ROBACH: The 9 bill is passed. 10 SENATOR BALBONI: Mr. President. 11 ACTING PRESIDENT ROBACH: Senator 12 Balboni. 13 SENATOR BALBONI: Could we please 14 stand at ease for a moment. 15 ACTING PRESIDENT ROBACH: We 16 certainly can. The Senate will stand at ease 17 momentarily. 18 (Whereupon, the Senate stood at 19 ease at 6:32 p.m.) 20 SENATOR BALBONI: Mr. President. 21 ACTING PRESIDENT ROBACH: Yes, 22 Senator Balboni, why do you rise? 23 SENATOR BALBONI: I rise to 24 inform you that there is an immediate meeting 25 of the Rules Committee in the Majority

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(518) 371-8910 1 Conference Room. 2 ACTING PRESIDENT ROBACH: If the 3 members of the Rules Committee could get to 4 the Majority Conference Room as quickly as 5 possible, we would appreciate it. And we will 6 continue business upon completion of that 7 committee meeting. 8 The Senate momentarily stands at 9 ease. 10 (Whereupon, the Senate reconvened 11 at 7:06 p.m.) 12 SENATOR BALBONI: Mr. President. 13 ACTING PRESIDENT ROBACH: Senator 14 Balboni. 15 SENATOR BALBONI: Thank you for 16 joining us. Would you please return to 17 reports of standing committees. And I believe 18 there is a Rules report at the desk. 19 ACTING PRESIDENT ROBACH: Reports 20 of standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 24 following bills: 25 Senate Print 5990, by Senator

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(518) 371-8910 1 Breslin, an act to amend Chapter 693 of the 2 Laws of 1980; 3 6993B, by Senator Klein, an act to 4 amend the Education Law; 5 7461A, by Senator Sabini, an act to 6 amend the Education Law; 7 8303, by Senator Stachowski, an act 8 to amend the Tax Law; 9 8361, by Senator Volker, an act to 10 amend Chapter 605 of the Laws of 2000; 11 8408, by Senator Robach, an act to 12 provide a temporary early retirement 13 incentive; 14 8470, Senate Budget Bill, an act to 15 amend Chapter 50 of the Laws of 2006; 16 8471, Senate Budget Bill, an act 17 intentionally omitted (Part A); 18 8472, Senate Budget Bill, an act to 19 amend the Education Law; 20 And Senate Print 8473, Senate 21 Budget Bill, an act to amend Chapter 53 of the 22 Laws of 2006. 23 All bills ordered direct to third 24 reading. 25 ACTING PRESIDENT ROBACH: Senator

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(518) 371-8910 1 Balboni. 2 SENATOR BALBONI: Mr. President, 3 we are going to wait until the bills are on 4 the calendar. 5 But in the meantime, I will move to 6 accept the report of the Rules Committee. 7 ACTING PRESIDENT ROBACH: All in 8 favor of accepting the Rules report signify by 9 saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT ROBACH: Any 12 opposed, nay. 13 (No response.) 14 ACTING PRESIDENT ROBACH: The 15 report is accepted. 16 Senator Balboni. 17 SENATOR BALBONI: Mr. President, 18 could we please take up the Supplemental 19 Calendar 62D and read it in a noncontroversial 20 fashion. 21 ACTING PRESIDENT ROBACH: The 22 Secretary will read. 23 SENATOR BRUNO: Mr. President. 24 ACTING PRESIDENT ROBACH: Senator 25 Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Can we at this 2 time take up the noncontroversial -- I'm 3 losing my voice, so everybody please be 4 quiet -- Calendar Number 2261. 5 ACTING PRESIDENT ROBACH: If we 6 could just have quiet in the chamber. 7 SENATOR BRUNO: Thank you. Thank 8 you. 9 ACTING PRESIDENT ROBACH: The 10 Secretary will read Calendar 2261. 11 THE SECRETARY: Calendar Number 12 2261, Senate Budget Bill, Senate Print 8470, 13 an act to amend Chapter 50 of the Laws of 14 2006. 15 SENATOR BRUNO: Mr. President, is 16 there a message of necessity at the desk? 17 ACTING PRESIDENT ROBACH: Yes, 18 there is. 19 SENATOR BRUNO: I would move to 20 accept the message. 21 ACTING PRESIDENT ROBACH: All in 22 favor of accepting the message of necessity 23 signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT ROBACH: All

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(518) 371-8910 1 those opposed, nay. 2 (No response.) 3 ACTING PRESIDENT ROBACH: The 4 report is accepted. 5 Read the last section. 6 THE SECRETARY: Section 7. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 Senator Bruno. 15 SENATOR BRUNO: Mr. President, 16 can we at this time take up Calendar Number 17 2262. 18 ACTING PRESIDENT ROBACH: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 2262, Senate Budget Bill, Senate Print 8471, 22 an act to amend the Social Services Law. 23 SENATOR BRUNO: Mr. President, is 24 there a message of necessity at the desk? 25 ACTING PRESIDENT ROBACH: Yes,

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(518) 371-8910 1 there is. 2 SENATOR BRUNO: I would move that 3 we accept the message. 4 ACTING PRESIDENT ROBACH: All in 5 favor of accepting the message of necessity 6 signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT ROBACH: Any 9 opposed, nay. 10 (No response.) 11 ACTING PRESIDENT ROBACH: The 12 message is accepted. 13 The Secretary will read the last 14 section. 15 THE SECRETARY: Section 14. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT ROBACH: The 22 bill is passed. 23 Senator Bruno. 24 SENATOR BRUNO: Mr. President, 25 can we at this time take a short break to go

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(518) 371-8910 1 to conference in Room 332. 2 You're all welcome, but I suggest 3 you not attend on that side. 4 (Laughter.) 5 SENATOR BRUNO: All right? And 6 we'll be back in 15, 20 minutes. 7 And would you recognize Senator 8 Gonzalez. 9 ACTING PRESIDENT ROBACH: Senator 10 Gonzalez. 11 SENATOR GONZALEZ: Mr. President, 12 there will be an immediate meeting of the 13 Minority conference in Room 315. 14 And you're all welcome over. 15 ACTING PRESIDENT ROBACH: There 16 will be an immediate conference for the 17 Majority in the Majority Conference Room and a 18 conference for the Minority in Room 315. 19 The Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 7:25 p.m.) 22 (Whereupon, the Senate reconvened 23 at 8:34 p.m.) 24 ACTING PRESIDENT MARCELLINO: 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we could return to the order of motions and 3 resolutions. 4 ACTING PRESIDENT MARCELLINO: We 5 will return to motions and resolutions. 6 Senator Farley. 7 SENATOR FARLEY: Thank you, 8 Mr. President. 9 On behalf of Senator Morahan, I 10 wish to call up Calendar Number 1998, Assembly 11 Print Number 11278A. 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1998, by Member of the Assembly Zebrowski, 16 Assembly Print Number 11278A, an act to amend 17 the Environmental Conservation Law. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Farley. 20 SENATOR FARLEY: I now move to 21 reconsider the vote by which this Assembly 22 bill was substituted for Senator Morahan's 23 bill, Senate Print 8268, on June 21st. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll on reconsideration.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 SENATOR FARLEY: I now move that 4 Assembly Bill Number 11278A be recommitted to 5 the Committee on Rules and Senator Morahan's 6 bill be restored to the order of third 7 reading. 8 ACTING PRESIDENT MARCELLINO: So 9 ordered. 10 SENATOR FARLEY: All right. 11 Thank you. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Flanagan. 14 SENATOR FLANAGAN: Mr. President, 15 on behalf of Senator Golden, I offer the 16 following amendments to Calendar Number 2222, 17 Senate Bill 8397B, and ask that said bill 18 retain its place on the Third Reading 19 Calendar. 20 ACTING PRESIDENT MARCELLINO: The 21 amendments are received, and the bill will 22 retain its place on the Third Reading 23 Calendar. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Senator Skelos. 3 SENATOR SKELOS: If you could 4 call up Calendar Number 2222, 5 noncontroversial. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 2222, by Senator Golden, Senate Print 8397C, 10 an act to amend the Judiciary Law. 11 ACTING PRESIDENT MARCELLINO: 12 There is a message at the desk. 13 SENATOR SKELOS: Move to accept. 14 ACTING PRESIDENT MARCELLINO: All 15 in favor of accepting the message say aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MARCELLINO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MARCELLINO: The 21 message is accepted. 22 Read the last section. 23 THE SECRETARY: Section 3. 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, 61. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 SENATOR SKELOS: Mr. President. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Skelos. 9 SENATOR SKELOS: If we could 10 continue with the noncontroversial reading of 11 Senate Supplemental Calendar 62D. 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read. 14 THE SECRETARY: In relation to 15 Calendar Number 2256, Senator Breslin moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 9063 and substitute it 18 for the identical Senate Bill Number 5990, 19 Third Reading Calendar 2256. 20 ACTING PRESIDENT MARCELLINO: 21 Substitution is ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 2256, by the Assembly Committee on Rules, 25 Assembly Print Number 9063, an act to amend

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(518) 371-8910 1 Chapter 693 of the Laws of 1980. 2 ACTING PRESIDENT MARCELLINO: 3 There is a local fiscal impact note at the 4 desk. 5 Read the last section. 6 THE SECRETARY: Section 2. 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, 60. Nays, 12 1. Senator Valesky recorded in the negative. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 2257, Senator Klein moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 10995A and substitute it 19 for the identical Senate Bill Number 6993B, 20 Third Reading Calendar 2257. 21 ACTING PRESIDENT MARCELLINO: 22 Substitution is ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2257, by Member of the Assembly Paulin,

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(518) 371-8910 1 Assembly Print Number 10995A, an act to amend 2 the Education Law. 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, 61. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 2258, Senator Sabini moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 11550A and substitute it 17 for the identical Senate Bill Number 7461A, 18 Third Reading Calendar 2258. 19 ACTING PRESIDENT MARCELLINO: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 2258, by Member of the Assembly Aubry, 24 Assembly Print Number 11550A, an act to amend 25 the Education 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, 61. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 2259, Senator Stachowski moves 13 to discharge, from the Committee on Rules, 14 Assembly Bill Number 11918 and substitute it 15 for the identical Senate Bill Number 8303, 16 Third Reading Calendar 2259. 17 ACTING PRESIDENT MARCELLINO: 18 Substitution is ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 2259, by the Assembly Committee on Rules, 22 Assembly Print Number 11918, an act to amend 23 the Tax Law. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 2260, Senator Volker moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 11960 and substitute it 13 for the identical Senate Bill Number 8361, 14 Third Reading Calendar 2260. 15 ACTING PRESIDENT MARCELLINO: 16 Substitution is ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 2260, by the Assembly Committee on Rules, 20 Assembly Print Number 11960, an act to amend 21 Chapter 605 of the Laws of 2000. 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, 61. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2263, Senate Budget Bill, Senate Print 8472, 9 an act to amend the Education Law. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Bruno. 12 SENATOR BRUNO: Is there a 13 message of necessity at the desk? 14 ACTING PRESIDENT MARCELLINO: 15 Yes, there is, Senator Bruno. 16 SENATOR BRUNO: I would move that 17 we accept the message. 18 ACTING PRESIDENT MARCELLINO: On 19 the motion to accept the message of necessity, 20 all in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT MARCELLINO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 message is accepted. 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 2263 are 10 Senators Andrews, Breslin, Connor, Coppola, 11 Dilan, Duane, Hassell-Thompson, Oppenheimer, 12 Sabini, Saland, Savino, Schneiderman, Serrano, 13 A. Smith, Stachowski, Stavisky and Valesky. 14 Ayes, 44. Nays, 17. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 2264, Senate Budget Bill, Senate Print 8473, 19 an act to amend Chapter 53 of the Laws of 20 2006. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Bruno. 23 SENATOR BRUNO: Mr. President, is 24 there a message of necessity at the desk? 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Yes, there is, Senator Bruno. 2 SENATOR BRUNO: I would move that 3 we accept the message. 4 ACTING PRESIDENT MARCELLINO: All 5 in favor of accepting the message of necessity 6 signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT MARCELLINO: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT MARCELLINO: The 12 message is accepted. 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, 61. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2265, Senator Robach moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11805 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 8408, 2 Third Reading Calendar 2265. 3 ACTING PRESIDENT MARCELLINO: 4 Substitution is ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2265, by the Assembly Committee on Rules, 8 Assembly Print Number 11805, an act to provide 9 a temporary early retirement incentive 10 program. 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 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 Senator Bruno. 22 SENATOR BRUNO: Mr. President, 23 can we at this time call up Calendar Number 24 2198. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: In relation to 3 Calendar Number 2198, Senator Maziarz moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 11713 and substitute it 6 for the identical Senate Bill Number 8107, 7 Third Reading Calendar 2198. 8 ACTING PRESIDENT MARCELLINO: 9 Substitution is ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 2198, by the Assembly Committee on Rules, 13 Assembly Print Number 11713, an act to amend 14 the Environmental Conservation 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, 61. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 SENATOR BRUNO: Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Senator Bruno. 3 SENATOR BRUNO: Can we at this 4 time take up Calendar Number 2190. 5 ACTING PRESIDENT MARCELLINO: The 6 Secretary will read Calendar Number 2190. 7 THE SECRETARY: Calendar Number 8 2190, by the Senate Committee on Rules, Senate 9 Print Number 5046A, an act to amend the 10 Executive 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 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 SENATOR BRUNO: Mr. President. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Bruno. 24 SENATOR BRUNO: Can we return to 25 messages from the Assembly.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Messages from the Assembly. 3 The chair hands down a message. 4 THE SECRETARY: The Assembly sent 5 for concurrence the following bill. 6 On motion of Senator Bruno, and by 7 unanimous consent, said bill was ordered to a 8 third reading: Senate Print 8275, by the 9 Assembly Committee on Rules, Assembly Print 10 Number 11720B, an act to amend the Public 11 Health 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: Ayes, 61. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 SENATOR BRUNO: Mr. President. 23 ACTING PRESIDENT MARCELLINO: 24 Senator Bruno. 25 SENATOR BRUNO: Can we return to

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(518) 371-8910 1 messages from the Governor. 2 ACTING PRESIDENT MARCELLINO: 3 Messages from the Governor. 4 The Secretary will read. 5 THE SECRETARY: The Governor 6 returned without executive approval Senate 7 Bill Number 6758, Veto Number 215, entitled 8 "an act to amend the Civil Service Law and the 9 Labor Law." 10 ACTING PRESIDENT MARCELLINO: 11 Senator Bruno. 12 SENATOR BRUNO: Mr. President, I 13 move to lay said bill as vetoed by the 14 Governor on the table. 15 ACTING PRESIDENT MARCELLINO: So 16 ordered. 17 Senator Bruno. 18 SENATOR BRUNO: Can we now return 19 to the order of motions and resolutions. 20 ACTING PRESIDENT MARCELLINO: 21 Motions and resolutions. 22 SENATOR BRUNO: I move to take 23 from the table Senate Bill 6758 as vetoed by 24 the Governor. 25 ACTING PRESIDENT MARCELLINO: So

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(518) 371-8910 1 ordered. 2 SENATOR BRUNO: I now move to 3 override the Governor's veto. 4 ACTING PRESIDENT MARCELLINO: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 470, by Senator Spano, Veto Number 215, Senate 8 Print 6758, an act to amend the Civil Service 9 Law. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is before the house. 12 SENATOR BRUNO: Read the last 13 section. 14 ACTING PRESIDENT MARCELLINO: 15 Senators, ought the same become a law 16 notwithstanding the veto of the Governor? 17 The Secretary will read the last 18 section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 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 470 are 3 Senators Meier, Paterson, Rath and Saland. 4 Ayes, 57. Nays, 4. 5 ACTING PRESIDENT MARCELLINO: The 6 motion to override the Governor's veto is 7 carried. 8 Senator Bruno. 9 SENATOR BRUNO: Mr. President, we 10 are nearing the end of this session. And I 11 want to again, before all of us just go on our 12 way, comment that we're going to end by the 13 calendar the formal part of this session. 14 We expect to be back here sometime 15 towards the end of September, because there's 16 a Court of Appeals nomination that will be 17 submitted and by law the Senate must reconvene 18 to confirm within 30 days of the Governor's 19 nomination. The last part will probably be in 20 September. 21 But I really want to, as we end the 22 formal part of this session, just acknowledge, 23 again, one of the greatest New Yorkers, one of 24 the greatest Americans that I've had the 25 pleasure of knowing -- and I know you share

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(518) 371-8910 1 that view -- the most distinguished, 2 longest-serving Senator I believe in the 3 history of New York and this country -- in 4 recognition, as we move in a minute to recess, 5 of Senator John Marchi. 6 (Standing ovation.) 7 SENATOR BRUNO: Thank you all. 8 On behalf of Senator Marchi and his family, 9 thank you all. 10 There are bills remaining on the 11 floor of the Senate. And, Mr. President, I 12 would move that we recommit to Rules all the 13 remaining bills that we have not acted on. 14 ACTING PRESIDENT MARCELLINO: As 15 requested, all bills will be recommitted. 16 SENATOR BRUNO: And I would ask 17 that we recognize Senator Paterson. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Paterson. 20 SENATOR PATERSON: Mr. President, 21 that is the most stunning and resounding 22 reception I have ever witnessed in my 21 years 23 here in the New York State Senate. And it 24 could not have been given to a nicer person, a 25 more qualified person, or a more hardworking

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(518) 371-8910 1 person. 2 The only way that I can ever be in 3 the same sentence with Senator Marchi is that 4 I was born on his birthday. His 6th birthday, 5 actually. 6 (Laughter.) 7 SENATOR PATERSON: And because of 8 his great service and the tremendous 9 relationship I've had with him -- he served 10 here with my father and has been a friend to 11 our family for a number of years and welcomed 12 me, as he welcomed all of us, to the Senate -- 13 for closing remarks I really would like to 14 talk about nothing else other than just the 15 great admiration I have for Senator Marchi. 16 I can't imagine serving in this 17 chamber without Senator Marchi. Therefore, I 18 am going to leave as well. Thank you. 19 (Laughter; applause.) 20 (Standing ovation.) 21 SENATOR BRUNO: Mr. President and 22 colleagues, we are, as I mentioned, surely 23 going to be back here in September. And so we 24 have not discussed a formal closing, which 25 means that you don't listen to David and

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(518) 371-8910 1 myself for 10 minutes or 15 minutes at this 2 time. 3 (Laughter.) 4 SENATOR BRUNO: Thank you. Thank 5 you. 6 (Laughter; applause.) 7 SENATOR BRUNO: But I wanted to 8 say thank you. Thank you for that resounding 9 applause. Thank you for all the good things 10 that we have been able to do together so far. 11 I want to thank the staff in your 12 offices, our offices that have been up 13 literally 24/7 for a lot of days, who have 14 helped us accomplish the great things that we 15 have done this year. 16 (Applause.) 17 SENATOR BRUNO: And we have, we 18 have done it in the spirit of togetherness, 19 with all other things put aside other than the 20 needs of our constituency, individually and 21 statewide. We have partnered with the 22 Assembly and partnered extremely well on 23 behalf of the people and the great Governor of 24 this state, who today will be his last day as 25 Governor in the formal part of the session.

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(518) 371-8910 1 And he certainly has distinguished 2 himself over these last months and years and 3 will continue to until December 31st of this 4 year. So we're indebted to him for his 5 leadership and his partnering with the 6 Legislature. 7 And I want to, before we make the 8 next motion, again thank you all on behalf of 9 really the greatest Senator, friend, colleague 10 that any of us as a public servant will ever 11 have the pleasure of sharing time, personally 12 or in this chamber. 13 And, David, thank you for those 14 kind remarks on the Senator's behalf 15 representing your conference. 16 And we in this conference, each and 17 every person would get up and speak from their 18 heart, John, to you, to your family and to all 19 the good things you have done on behalf of 20 your constituency, all the people of New York 21 State, and all the people here across the 22 whole United States. 23 You are a role model for 24 everybody -- as a citizen, as an individual, 25 as a family person. And we love you from the

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(518) 371-8910 1 bottom of our hearts here, collectively. 2 And you all join me in that 3 resolution. But hold the applause. 4 And, Mr. President, is there 5 anything else at the desk that we have to do? 6 ACTING PRESIDENT MARCELLINO: No, 7 the desk is clear, sir. 8 SENATOR BRUNO: Yes, we do. We 9 have to recognize Senator Marchi, okay, the 10 dean of the legislature in the United States. 11 ACTING PRESIDENT MARCELLINO: 12 It's with great pleasure the chair recognizes 13 Senator Marchi. 14 SENATOR MARCHI: Thank you very 15 much. I -- I -- people wonder sometimes, 16 coming back. But not coming back to me, with 17 such a painful impact on me. I -- I -- within 18 these four walls, you know, I love everybody 19 in this building here. I mean, it -- 20 wonderful people, uniformly decent and fine 21 and good. 22 And I'll be envying you. And maybe 23 I'll sneak back every once in a while and try 24 to impose my presence again. 25 But it's been very painful. I want

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(518) 371-8910 1 to thank you for the way you express it in 2 terms of everyone. 3 And you, Senator, he's -- we both 4 celebrate our birthday on May 20th. So that I 5 just kept running into parallel -- there isn't 6 a person here that I -- it pains me just to be 7 away and not to be seeing you regularly. 8 But I will sneak back, and I will 9 come back to thank you again and again, 10 because you can't imagine, you can't imagine 11 the joy that I've had and the happiness that 12 I've experienced being with all of you. And I 13 don't exclude anybody. There isn't a person 14 here that I don't have deep affection for. 15 And it's a memory that I'll carry 16 with me the rest of my days. And God bless 17 you all. I'm very, very grateful. Thank you. 18 (Standing ovation.) 19 SENATOR BRUNO: Mr. President, 20 there being no business to come before the 21 Senate, I would move that we stand adjourned 22 subject to the call of the Majority Leader, 23 intervening days to be legislative days. 24 Thank you. Travel safely, and 25 God bless.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 Senate will stand adjourned subject to the 3 call of the Majority Leader, intervening days 4 to be legislative days. 5 Safe home and God bless, everyone. 6 (Whereupon, at 9:08 p.m., the 7 Senate adjourned.) 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