Wednesday, May 30, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 30, 2007 11 3:11 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting 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 ACTING PRESIDENT MARCELLINO: The 3 Senate will come to order. 4 I ask that everyone present 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 ACTING PRESIDENT MARCELLINO: In 10 the absence of clergy, may we bow our heads in 11 a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MARCELLINO: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 29, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 28, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MARCELLINO: 22 Without objection, the Journal stands approved 23 as 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 The Secretary will read. 4 THE SECRETARY: Senator O. 5 Johnson, from the Committee on Finance, 6 reports the following nominations. 7 As Inspector General of the Office 8 of the Metropolitan Transportation Authority, 9 Barry Kluger, of New York City. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Johnson. 12 SENATOR OWEN JOHNSON: I move the 13 nomination. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Libous. 16 SENATOR LIBOUS: Thank you, 17 Mr. President. 18 I rise to second the nomination of 19 Barry Kluger as the inspector general for the 20 MTA. 21 I am very pleased that Governor 22 Spitzer has sent us a candidate with these 23 outstanding qualifications. Spending time 24 with Mr. Kluger and having a number of 25 conversations with him to get a feel for his

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(518) 371-8910 1 qualifications for the job, I came away 2 extremely confident, as the committee did when 3 it met and had questions for him and reviewed 4 his qualifications. 5 Mr. Kluger himself is a daily rider 6 of the MTA, so he understands his role as an 7 advocate, as the inspector general. He also 8 has a very, very strong desire to work with us 9 here in the Legislature and other colleagues 10 throughout various transportation agencies. 11 His background, an investigation 12 background with the Bronx County district 13 attorney's office, I think gives him the 14 qualifications that we need in this very, very 15 important role as inspector general. 16 And, Mr. President, I am quite 17 confident that he will be an outstanding 18 inspector general, that Governor Spitzer has 19 sent us a very well qualified candidate. And 20 it is a pleasure for me to second his 21 nomination. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Sabini. 24 SENATOR SABINI: Thank you, 25 Mr. President.

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(518) 371-8910 1 I too want to rise to second the 2 nomination of Mr. Kluger to be the inspector 3 general of the MTA. It's a very important 4 position, the MTA having billions of dollars 5 in operating and capital money go through its 6 doors. And over the years we've seen a lot of 7 that money, its efficacy, called into 8 question. 9 I think Mr. Kluger and his 10 background in law enforcement, his extensive 11 experience at the Bronx district attorney's 12 office and in other places, will go a long way 13 to making sure that the dollars spent by the 14 MTA are spent effectively and honestly and in 15 the public's interest. 16 In addition, one of the most 17 important aspects I think that he brings to 18 this job is that being in a criminal law 19 enforcement background, with the MTA now the 20 recipient of large amounts of federal money 21 for antiterrorism, that we can be sure that 22 when we wake up in the morning we won't see, 23 or hopefully won't see, if I'm confident in 24 his abilities, that that money won't be wasted 25 or frittered away but will be used to protect

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(518) 371-8910 1 New Yorkers as they ride the system, as they 2 go on our bridges and tunnels, as they ride 3 the commuter railways. 4 So I'm pretty confident that Barry 5 Kluger is the right man for the job. I 6 applaud the Governor for his appointment and 7 look forward to working with him in the 8 future. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MARCELLINO: 11 Thank you, Senator. 12 Can we have a little order in the 13 house, please. 14 Senator Krueger. 15 SENATOR LIZ KRUEGER: Thank you, 16 Mr. President. 17 I also rise to second the 18 nomination of Barry Kluger to be the inspector 19 general of the MTA. 20 Mr. Kluger is both a constituent 21 and a neighbor from New York City, and I have 22 had many opportunities to chat with him 23 actually on the streets of the district about 24 the importance of public service and the work 25 that he has done to date on behalf of the

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(518) 371-8910 1 people of New York. And I've also had a 2 chance to meet with him to discuss his new 3 mission and his new agenda at the MTA. 4 And I share my colleagues' support 5 for his talents and skills and commitment to 6 taking on this very large job to make sure 7 that the MTA is run as we need it to be run, 8 that the funds are accounted for, that there 9 are audits both from a financial perspective 10 and from the perspective of programmatic 11 operations. 12 And any authority and any 13 government agency needs to have the ability to 14 technically self-police and keep itself both 15 honest and transparent. And so I am delighted 16 that a man of Mr. Kluger's caliber is willing 17 to shift gears in his career and move from his 18 work at the district attorney's office to 19 taking on this enormous responsibility for the 20 MTA and in fact for all of the people in 21 New York State. 22 So I congratulate him and look 23 forward to continuing to work with him. 24 Thank you, Mr. President. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Thank you, Senator. 2 Any other Senator wishing to be 3 heard on the nomination? 4 The question then is on the 5 nomination of Barry Kluger, of New York City, 6 to serve as inspector general of the office of 7 the Metropolitan Transportation Authority. 8 All in favor signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MARCELLINO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MARCELLINO: 14 Mr. Kluger is confirmed. 15 Congratulations, Mr. Kluger. We 16 wish you the best on your very important 17 position and very important job. 18 (Applause.) 19 ACTING PRESIDENT MARCELLINO: Mr. 20 Kluger is joined by his son Alex, who is also 21 in the audience. Thank you for coming, Alex. 22 The Secretary will read. 23 THE SECRETARY: As public member 24 of the State Banking Board, Brian D. 25 Obergfell, of Brooklyn.

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(518) 371-8910 1 As a member of the State Athletic 2 Commission, Melvina Lathan, of Ardsley. 3 As a member of the board of 4 directors of the New York Convention Center 5 Operating Corporation, Edward P. Kane, of 6 Rockville Centre. 7 As members of the Minority Health 8 Council, Cheryl G. Garlow, of Irving; Kam Man 9 Kenny Kwong, of Bayside; and Gladys Vidor, of 10 Rensselaer. 11 As a member of the Board of 12 Visitors of the Capital District Psychiatric 13 Center, Judith Reichenthal, of Clifton Park. 14 As a member of the Board of 15 Visitors of the Mohawk Valley Psychiatric 16 Center, Karen N. Christensen, of Utica. 17 And as a member of the Board of 18 Visitors of the St. Lawrence Psychiatric 19 Center, Joanne M. Charleson, of Canton. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Johnson. 22 SENATOR OWEN JOHNSON: I rise to 23 move the nominations. 24 ACTING PRESIDENT MARCELLINO: The 25 nominations are moved.

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(518) 371-8910 1 The question is on the nominations 2 as read by the Secretary. All in favor 3 signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT MARCELLINO: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT MARCELLINO: The 9 nominees are confirmed. 10 Reports of select committees. 11 Communications and reports of state 12 officers. 13 Motions and resolutions. 14 Senator Bonacic. 15 SENATOR BONACIC: Thank you, 16 Mr. President. 17 On behalf of Senator Fuschillo, 18 who's now entering the chambers, on page 45 I 19 offer the following amendments to Calendar 20 Number 751, Print Number 4723, and ask that 21 said bill retain its place on the Third 22 Reading Calendar. 23 ACTING PRESIDENT MARCELLINO: So 24 ordered. 25 SENATOR BONACIC: Also on behalf

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(518) 371-8910 1 of Senator Volker, who's in the chambers, I 2 would like to offer, on page number 81, the 3 following amendment to Calendar Number 1234, 4 Print Number 3166B, and ask that said bill 5 retain its place on the Third Reading 6 Calendar. 7 ACTING PRESIDENT MARCELLINO: So 8 ordered. 9 SENATOR BONACIC: Thank you, 10 Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Senator Wright. 13 SENATOR WRIGHT: Thank you, 14 Mr. President. 15 Are there any substitutions at the 16 desk? 17 ACTING PRESIDENT MARCELLINO: 18 Yes, there are, Senator. Just one. 19 The Secretary will read the 20 substitution. 21 THE SECRETARY: On page 62, 22 Senator Farley moves to discharge, from the 23 Committee on Rules, Assembly Bill Number 2997 24 and substitute it for the identical Senate 25 Bill Number 1521, Third Reading Calendar 1009.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 substitution is ordered. 3 Senator Wright. 4 SENATOR WRIGHT: May we please 5 adopt the Resolution Calendar. 6 ACTING PRESIDENT MARCELLINO: The 7 motion is to adopt the Resolution Calendar. 8 All in favor signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MARCELLINO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MARCELLINO: The 14 Resolution Calendar is adopted. 15 Senator Wright. 16 SENATOR WRIGHT: May we please 17 have the noncontroversial reading of the 18 calendar. 19 ACTING PRESIDENT MARCELLINO: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 226, by Senator Larkin, Senate Print 1356, an 23 act to remove from the Albert Wisner Memorial 24 Public Library. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 50. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 317, by Senator Maziarz, Senate Print 255, an 12 act to amend the Penal Law and the Agriculture 13 and Markets Law, in relation to offenses. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 50. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 516, by Senator Robach, Senate Print 2162, an 2 act to amend the State Finance Law, in 3 relation to contracts. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section, please. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 60th day. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 50. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 640, by Senator Skelos, Senate Print 435A, an 16 act to amend the Penal Law, in relation to 17 sentencing. 18 SENATOR WRIGHT: Mr. President, 19 could we lay that aside temporarily, please. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is laid aside temporarily. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Calendar Number 25 699, by Senator Larkin, Senate Print 205, an

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(518) 371-8910 1 act to amend the Insurance Law, in relation to 2 providing. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of January. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 50. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 749, by Senator Morahan, Senate Print 4589, an 15 act to amend the General Business Law, in 16 relation to increasing the amount. 17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 51. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 774, by Senator Little, Senate Print 4241, an 4 act to amend the Navigation Law, in relation 5 to chemical testing. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 7. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 51. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 848, by Senator DeFrancisco, Senate Print 18 5127, an act to amend the Surrogate's Court 19 Procedure Act, in relation to allocation. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 6. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 52. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 873, by Senator Bonacic, Senate Print 469, an 7 act to amend the Vehicle and Traffic Law, in 8 relation to allowing. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 51. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 905, by Senator Flanagan, Senate Print 5524, 22 an act to authorize the Nassau Suffolk Service 23 for the Autistic, Inc. 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, 50. Nays, 7 2. Senators Bonacic and Larkin recorded in 8 the negative. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 909, by Senator Morahan, Senate Print 2902, an 13 act to amend the Mental Hygiene Law -- 14 SENATOR WRIGHT: Lay it aside for 15 the day, please. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 916, by Senator Morahan, Senate Print 5078, an 20 act to amend the Mental Hygiene Law, in 21 relation to establishing the Task Force on 22 Adults with Autism. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 THE SECRETARY: Ayes, 52. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 934, by Senator LaValle, Senate Print 5240, an 9 act to amend the Education Law, in relation to 10 the practice of public accountancy. 11 ACTING PRESIDENT MARCELLINO: 12 Last section. 13 THE SECRETARY: Section 14. This 14 act shall take effect on the 180th day. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 52. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 971, by Senator Flanagan, Senate Print 694, an 23 act to amend the Tax Law, in relation to 24 exempting. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 There is a local fiscal impact statement at 2 the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of the 6 sales tax quarterly period. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 51. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 972, by Senator Farley, Senate Print 899, an 16 act to amend the Education Law, in relation to 17 providing funding. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect April 1, 2008. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 52.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 999, by Senator Maziarz, Senate Print 2308, an 5 act to amend the Environmental Conservation 6 Law, in relation to regulatory program fees. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section, please. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 52. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1009, substituted earlier today by Member of 19 the Assembly Butler, Assembly Print Number 20 2997, an act to amend Chapter 489 of the Laws 21 of 2004. 22 ACTING PRESIDENT MARCELLINO: 23 Last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 THE SECRETARY: Ayes, 52. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1011, by the Senate Committee on Rules, Senate 8 Print 1818, an act to amend the Tax Law, in 9 relation to extending. 10 ACTING PRESIDENT MARCELLINO: 11 Last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 52. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1034, by Senator Golden, Senate Print 320, an 22 act to amend the Penal Law, in relation to 23 promoting prostitution. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 9. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 52. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1038, by Senator Morahan, Senate Print 2589, 12 an act to amend the Penal Law, in relation to 13 adding. 14 ACTING PRESIDENT MARCELLINO: 15 Last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1040, by Senator Volker, Senate Print 3559, an 2 act to amend the Civil Practice Law and Rules, 3 in relation to the timing and service of 4 motions. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 51. Nays, 13 1. Senator Duane recorded in the negative. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1044, by Senator Volker, Senate Print 4028, an 18 act to amend the Penal Law, in relation to 19 prohibition. 20 ACTING PRESIDENT MARCELLINO: 21 Last section, please. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of 24 November. 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, 51. Nays, 4 1. Senator Duane recorded in the negative. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1048, by Senator Nozzolio, Senate Print 4330, 9 an act to amend the Penal Law, in relation to 10 expanding the definition of dangerous 11 contraband. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section, please. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 90th day. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 51. Nays, 20 1. Senator Perkins recorded in the negative. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1049, by Senator Flanagan, Senate Print 4417, 25 an act to amend the Criminal Procedure Law, in

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(518) 371-8910 1 relation to denial of recognizance. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 8. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 51. Nays, 11 1. Senator Perkins recorded in the negative. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1051, by Senator Saland, Senate Print 4789, an 16 act to amend the Penal Law, in relation to 17 theft of credit card. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section, please. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 52. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1073, by Senator Farley, Senate Print 3542, an 6 act to amend the Education Law, in relation to 7 appropriations for library services. 8 ACTING PRESIDENT MARCELLINO: 9 Last section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 52. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1084, by Senator Marcellino, Senate Print 615, 20 an act to amend the Criminal Procedure Law, in 21 relation to anonymous juries. 22 ACTING PRESIDENT MARCELLINO: 23 Last section, please. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 30th day.

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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, 53. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1089, by Senator Volker, Senate Print 1602, an 9 act to amend the Correction Law, in relation 10 to extending protection. 11 ACTING PRESIDENT MARCELLINO: 12 Last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 53. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1091, by Senator Rath, Senate Print 2327, an 23 act to amend the Correction Law, in relation 24 to employment limitations. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Last section, please. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1093, by Senator Skelos, Senate Print 2460, an 13 act to amend the Correction Law, in relation 14 to requiring sex offenders to register. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 4. 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, 54. Nays, 23 1. Senator Duane recorded in the negative. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1098, by Senator Nozzolio, Senate Print 5143, 3 an act to amend the Correction Law, in 4 relation to authorizing. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1100, by Senator Fuschillo, Senate Print 5541, 17 an act to amend the Executive Law and others, 18 in relation to police reports. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 55. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1103, by Senator Maziarz, Senate Print 2776, 6 an act to amend the Retirement and Social 7 Security Law, in relation to establishing. 8 ACTING PRESIDENT MARCELLINO: 9 Last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MARCELLINO: 16 Senator Duane, to explain his vote. 17 SENATOR DUANE: Thank you, 18 Mr. President. 19 I wanted to particularly call 20 attention to this piece of legislation today. 21 This is an excellent, excellent bill which 22 will both help to educate the public on ways 23 in which HIV can and cannot be transmitted and 24 also protect the rights of workers in the 25 state.

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(518) 371-8910 1 And it's altogether a bill which is 2 much needed and which will solve any number of 3 problems having to do with HIV presumption. 4 And I commend the sponsor for bringing it 5 forward, and I'm very pleased that it's going 6 to be passing our house today. 7 Thank you, Mr. President. I'll be 8 voting yes. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Duane will be recorded in the 11 affirmative. 12 Announce the results. 13 THE SECRETARY: Ayes, 55. Nays, 14 0. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1111, by Senator Robach, Senate Print 4931, an 19 act to amend the Retirement and Social 20 Security Law, in relation to creditable 21 service. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 6. 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, 55. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1112, by Senator Bonacic, Senate Print 5260, 9 an act relating to authorizing the reopening 10 of the 25-year retirement benefit plan. 11 ACTING PRESIDENT MARCELLINO: 12 There is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 3. 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, 55. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1121, by Senator Leibell, Senate Print 5558, 24 an act to amend Chapter 942 of the Laws of 25 1983 and Chapter 541 of the Laws of 1984.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 4. 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, 55. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1125, by Senator Little, Senate Print 2342, an 13 act to amend the General Municipal Law, in 14 relation to taking of billboards. 15 ACTING PRESIDENT MARCELLINO: 16 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, 54. Nays, 23 1. Senator Duane recorded in the negative. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1130, by Senator Little, Senate Print 4857, an 3 act to amend the Town Law, in relation to 4 authorizing the town board of the Town of 5 Chester. 6 ACTING PRESIDENT MARCELLINO: We 7 have a home-rule message at the desk. 8 Read the last section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1223, by Senator Padavan, Senate Print 1600, 19 an act to amend the -- 20 SENATOR WRIGHT: Lay that aside 21 temporarily. 22 ACTING PRESIDENT MARCELLINO: Lay 23 that bill aside temporarily, please. 24 THE SECRETARY: Calendar Number 25 1235, by Senator Wright, Senate Print 3414, an

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(518) 371-8910 1 act to amend the Penal Law, in relation to the 2 definition of without authorization. 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, 55. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 Senator Wright, that completes the 14 reading of the noncontroversial calendar. 15 Can we have some order in the 16 house, please. 17 Senator Wright. 18 SENATOR WRIGHT: Thank you, 19 Mr. President. 20 In five minutes we're going to 21 convene a meeting of the Rules Committee in 22 the Majority Conference Room. 23 Following that, we will reconvene 24 the Senate for the report of the Rules 25 Committee and these two bills.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: In 2 five minutes there will be a meeting of the 3 Rules Committee in the Majority Conference 4 Room. 5 In the interim, we will stand at 6 ease. 7 (Whereupon, the Senate stood at 8 ease at 3:39 p.m.) 9 (Whereupon, the Senate reconvened 10 at 3:48 p.m.) 11 ACTING PRESIDENT MARCELLINO: 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we could return to the noncontroversial 15 calendar and take up Calendar Number 640. 16 ACTING PRESIDENT MARCELLINO: The 17 Secretary will read from the noncontroversial 18 calendar. 19 THE SECRETARY: Calendar Number 20 640, by Senator Skelos, Senate Print 435A, an 21 act to amend the Penal Law, in relation to 22 sentencing. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 640 are 8 Senators Dilan, Duane, Hassell-Thompson, 9 Montgomery, Parker, Perkins, Schneiderman and 10 Serrano. Also Senator L. Krueger. 11 Ayes, 49. Nays, 9. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 If we could have some order, 15 please. 16 The Secretary will continue to 17 read. 18 THE SECRETARY: Calendar Number 19 1223, by Senator Padavan, Senate Print 1600, 20 an act to amend the Criminal Procedure Law and 21 the Penal Law, in relation to aggravated 22 criminal conduct. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section, please. 25 THE SECRETARY: Section 5. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1223 are 7 Senators Dilan, Duane, Hassell-Thompson, 8 L. Krueger, Montgomery, Parker and Perkins. 9 Ayes, 51. Nays, 7. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we could return to reports of standing 15 committees, there's a report of the Rules 16 Committee at the desk. If we could take it up 17 at this time. 18 ACTING PRESIDENT MARCELLINO: The 19 Secretary will read the report of the Rules 20 Committee. 21 THE SECRETARY: Senator Bruno, 22 from the Committee on Rules, reports the 23 following bill direct to third reading: 24 Senate Print 5951, by the Senate 25 Committee on Rules, an act to amend the

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(518) 371-8910 1 Multiple Dwelling Law. 2 SENATOR SKELOS: Mr. President, 3 move to accept the report of the Rules 4 Committee. 5 ACTING PRESIDENT MARCELLINO: The 6 motion is to accept the report of the Rules 7 Committee. All in favor signify by saying 8 aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MARCELLINO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MARCELLINO: The 14 report of the Rules Committee is accepted. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 if we could take up Calendar Number 1439, 18 Senate 5951, which was just reported from the 19 Rules Committee. 20 ACTING PRESIDENT MARCELLINO: The 21 Secretary will read. 22 THE SECRETARY: In relation to 23 Calendar Number 1439, Senator Bruno, from the 24 Committee on Rules, moves to discharge 25 Assembly Print Number 8694 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5951, 2 Third Reading Calendar 1439. 3 ACTING PRESIDENT MARCELLINO: 4 Substitution is ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1439, by Member of the Assembly Glick, 8 Assembly Print Number 8694, an act to amend 9 the Multiple Dwelling Law. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 Senator Padavan. 13 SENATOR PADAVAN: Mr. President, 14 on the bill. 15 I have no idea whatever -- 16 ACTING PRESIDENT MARCELLINO: 17 Senator Padavan -- 18 SENATOR PADAVAN: On the bill. 19 ACTING PRESIDENT MARCELLINO: 20 We're on the noncontroversial calendar. Would 21 you like to explain your vote? 22 SENATOR PADAVAN: Well, if that's 23 the case, I will. 24 ACTING PRESIDENT MARCELLINO: 25 Thank you.

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(518) 371-8910 1 Senator Padavan, to explain his 2 vote. 3 SENATOR PADAVAN: I repeat, I 4 have no knowledge whatsoever what the 5 connection between the Loft Law and Quick Draw 6 is all about. Unless there's something going 7 on that I don't know. Perhaps they're 8 thinking of putting the video crack in every 9 loft; you get it when you lease. 10 But there is no connection. And so 11 this is legislative blackmail. We're being 12 forced -- and I do support the extension of 13 the Loft Law -- to either choose between 14 something which has been destructive to our 15 communities, causing a great deal of economic 16 harm to a lot of people without any redeeming 17 values, as far as I'm concerned, and 18 continuing the Loft Law, which I think makes a 19 great deal of sense. 20 But I'm not going to be 21 blackmailed, and I'm voting no. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Padavan will be recorded in the 24 negative. 25 Senator Duane, to explain his vote.

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(518) 371-8910 1 SENATOR DUANE: Yes, 2 Mr. President. 3 I would like to be associated with 4 Senator Padavan's remarks verbatim. And I 5 also will be voting in the negative. 6 ACTING PRESIDENT MARCELLINO: 7 Senator Duane will be recorded in the 8 negative. 9 Senator Montgomery. 10 SENATOR MONTGOMERY: Yes, 11 Mr. President. I also agree with Senator 12 Padavan, and I will vote in the negative. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Montgomery agrees with the 15 consensus-builder Padavan. She will be 16 recorded in the negative. 17 Senator L. Krueger. 18 SENATOR LIZ KRUEGER: Thank you. 19 I also agree with Senator Padavan 20 and think that these two issues should not 21 be -- 22 (Laughter; catcalling.) 23 ACTING PRESIDENT MARCELLINO: 24 Senator Padavan, do you want to recall your 25 vote?

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(518) 371-8910 1 SENATOR LIZ KRUEGER: I agree 2 with Senator Padavan on his points. I support 3 the Loft Law. And so I find myself being 4 blackmailed into voting yes, despite the fact 5 that I completely agree with him. 6 Thank you, Mr. President. 7 ACTING PRESIDENT MARCELLINO: Are 8 you being recorded in the affirmative, 9 Senator? 10 SENATOR LIZ KRUEGER: Yes, 11 Mr. President. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Krueger in the affirmative. 14 Last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 55. Nays, 21 3. Those recorded in the negative are 22 Senators Duane, Montgomery and Padavan. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: If you would 2 recognize Senator Lanza, please. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Lanza. 5 SENATOR LANZA: Yes, 6 Mr. President. On page number 61 I offer the 7 following amendments to Calendar Number 998, 8 Senate Print Number 1768, and ask that said 9 bill retain its place on Third Reading 10 Calendar. 11 ACTING PRESIDENT MARCELLINO: So 12 ordered. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President -- 15 SENATOR LANZA: And it's on 16 behalf of Senator Maltese. 17 ACTING PRESIDENT MARCELLINO: 18 Thank you. 19 SENATOR SKELOS: Mr. President, 20 is there any further business to come before 21 the Senate? 22 ACTING PRESIDENT MARCELLINO: The 23 floor is clean, sir. 24 SENATOR SKELOS: There being 25 none, I move we stand adjourned until

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(518) 371-8910 1 Thursday, May 31st, at 11:00 a.m. 2 ACTING PRESIDENT MARCELLINO: 3 There being no further business, the Senate 4 will stand adjourned until Thursday, May 31st, 5 at 11:00 a.m. 6 (Whereupon, at 3:56 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