Thursday, May 31, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 31, 2007 11 11:04 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, 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 GRIFFO: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and join me in reciting the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy, I ask that we all bow our 11 heads for a moment of silent prayer. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, May 30, the Senate met pursuant to 18 adjournment. The Journal of Tuesday, May 29, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT GRIFFO: 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 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Farley. 8 SENATOR FARLEY: Thank you, 9 Mr. President. 10 I wish to call up Senator Little's 11 bill, Print Number 1129, recalled from the 12 Assembly, and it's now at the desk. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 118, by Senator Little, Senate Print 1129, an 17 act to amend the Town Law. 18 SENATOR FARLEY: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 38. 25 SENATOR FARLEY: I now offer the

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(518) 371-8910 1 following amendments. 2 ACTING PRESIDENT GRIFFO: The 3 amendments are received. 4 SENATOR FARLEY: Mr. President, I 5 offer the following amendments to these bills: 6 On behalf of Senator Maziarz, on 7 page 6, Calendar Number 121, Senate Print 8 Number 948A; 9 On behalf of Senator Morahan, on 10 page 35, Calendar Number 909, Senate Print 11 Number 2902; 12 On behalf of Senator Padavan, on 13 page 39, Calendar Number 958, Senate Print 14 Number 5410; 15 On behalf of Senator Flanagan, on 16 page 65, Calendar Number 1286, Senate Print 17 Number 5632; 18 And on behalf of Senator Morahan, 19 on page 74, Calendar Number 1377, Senate Print 20 Number 5181. 21 Mr. President, I move that these 22 bills retain their place on the Third Reading 23 Calendar. 24 ACTING PRESIDENT GRIFFO: The 25 amendments are received and adopted, and the

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(518) 371-8910 1 bills will retain their place on the Third 2 Reading Calendar. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, I 5 believe there are substitutions to be made at 6 this time. 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 THE SECRETARY: On page 43, 10 Senator DeFrancisco moves to discharge, from 11 the Committee on Investigations and Government 12 Operations, Assembly Bill Number 1689 and 13 substitute it for the identical Senate Bill 14 Number 417, Third Reading Calendar 1007. 15 And on page 44, Senator Skelos 16 moves to discharge, from the Committee on 17 Rules, Assembly Bill Number 7526A and 18 substitute it for the identical Senate Bill 19 Number 3857, Third Reading Calendar 1022. 20 ACTING PRESIDENT GRIFFO: 21 Substitutions ordered. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 there's a Resolution 2514 at the desk by 25 Senator Leibell. If we could have the title

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(518) 371-8910 1 read and move for its immediate adoption. 2 ACTING PRESIDENT GRIFFO: The 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Leibell, Legislative Resolution Number 2514, 6 memorializing Governor Eliot Spitzer to 7 proclaim June 2007 as Guiding Eyes for the 8 Blind Month in the State of New York. 9 ACTING PRESIDENT GRIFFO: The 10 question is on the resolution. All in favor 11 signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT GRIFFO: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT GRIFFO: The 17 resolution is carried. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could go to the noncontroversial reading 21 of the calendar. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 But first, Senator Klein will be 25 recognized for a quick motion.

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(518) 371-8910 1 SENATOR KLEIN: Yes, 2 Mr. President, I have an amendment of a bill 3 on the calendar of third reading. 4 On page 75, I offer the following 5 amendments to Calendar Number 1382, Senate 6 Print 1340, on behalf of Senator Stachowski, 7 and ask that said bill retain its place on 8 Third Reading Calendar. 9 ACTING PRESIDENT GRIFFO: The 10 amendments are received and adopted, and the 11 bill will retain its place on the Third 12 Reading Calendar. 13 The Secretary will conduct the 14 noncontroversial reading of the calendar. 15 THE SECRETARY: Calendar Number 16 550, by Senator LaValle, Senate Print 3821A, 17 an act to amend the Alcoholic Beverage Control 18 Law, in relation to service. 19 ACTING PRESIDENT GRIFFO: Last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 38. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 898, by Senator Little, Senate Print 4963, an 6 act to amend the Real Property Tax Law, in 7 relation to definition and use. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect September 1, 2007. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 38. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 915, by Senator Morahan, Senate Print 4438, an 20 act to amend the Mental Hygiene Law, in 21 relation to establishing. 22 ACTING PRESIDENT GRIFFO: Last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 90th day.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 38. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1007, substituted earlier today by Member of 9 the Assembly R. Diaz, Assembly Print Number 10 1689, an act to amend the Public Officers Law. 11 ACTING PRESIDENT GRIFFO: Last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Senator 19 DeFrancisco, to explain his vote. 20 SENATOR DeFRANCISCO: Yes, I want 21 to just explain that this is another 22 indication of the Legislature attempting to 23 open government so that it's more accessible 24 to the people. 25 We've passed different laws. Last

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(518) 371-8910 1 year we passed a law on Freedom of Information 2 that, if a state agency or someone who's 3 required to provide this information does not 4 do so in accordance with the law and the 5 person has to go into court, the judge can 6 order, if he chooses to or she chooses to, 7 attorney's fees. 8 This is another example of opening 9 government by requiring state agencies to 10 place on their website information such as how 11 to make the Freedom of Information request, 12 where records are located, information that 13 makes it easier for the public to access the 14 information that they're entitled to. 15 So I think it's a significant bill 16 that has passed the Assembly and hopefully 17 will be signed by the Governor and become law. 18 I vote aye. 19 ACTING PRESIDENT GRIFFO: Senator 20 DeFrancisco to be recorded in the affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes, 39. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1010, by Senator Farley, Senate Print 1522, an 2 act to amend the Tax Law. 3 ACTING PRESIDENT GRIFFO: Last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 39. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1014, by the Senate Committee on Rules, Senate 15 Print 2132, an act to amend the Tax Law and 16 Chapter 200 of the Laws of 2002. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 39. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1022, substituted earlier today by Member of 4 the Assembly Morelle, Assembly Print Number 5 7526A, an act to amend the Arts and Cultural 6 Affairs Law. 7 ACTING PRESIDENT GRIFFO: Last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 39. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1052, by Senator Larkin, Senate Print 4836, an 19 act to amend the Penal Law. 20 ACTING PRESIDENT GRIFFO: Last 21 section. 22 THE SECRETARY: Section 6. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 39. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1053, by Senator Volker, Senate Print 4873, an 7 act to amend the Criminal Procedure Law. 8 ACTING PRESIDENT GRIFFO: Last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 39. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1059, by Senator Morahan, Senate Print 5474, 20 an act to amend the Penal Law and others. 21 ACTING PRESIDENT GRIFFO: Last 22 section. 23 THE SECRETARY: Section 61. This 24 act shall take effect on the 90th day. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 39. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1066, by Senator Maziarz, Senate Print 4460, 8 an act to amend Chapter 547 of the Laws of 9 1947. 10 ACTING PRESIDENT GRIFFO: Last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 39. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1088, by Senator DeFrancisco, Senate Print 22 912, an act to amend the Correction Law. 23 ACTING PRESIDENT GRIFFO: Last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 39. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1095, by Senator Nozzolio, Senate Print 3612, 11 an act to amend the Correction Law and the 12 Executive Law. 13 ACTING PRESIDENT GRIFFO: Last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 39. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 Senator Skelos. 24 SENATOR SKELOS: If I could just 25 interrupt for a moment, for the purposes of

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(518) 371-8910 1 planning, I'd like to inform the members of 2 the Majority that there will be a conference 3 at 11:30 in the Majority Conference Room. 4 ACTING PRESIDENT GRIFFO: Point 5 of information, there will be a conference of 6 the Majority at 11:30 in the Majority 7 Conference Room. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 1099, by Senator Marcellino, Senate Print 12 5324, an act to amend the Executive Law. 13 ACTING PRESIDENT GRIFFO: Last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 60th day. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 42. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1104, by Senator Padavan, Senate Print 3076, 25 an act in relation to the participation.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 42. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1108, by Senator Maziarz, Senate Print 3997, 13 an act to authorize the Gates Fire District to 14 offer an option. 15 ACTING PRESIDENT GRIFFO: Last 16 section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 43. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1126, by Senator Volker, Senate Print 3213, an 2 act in relation to authorizing the Town of 3 Canandaigua. 4 ACTING PRESIDENT GRIFFO: There 5 is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 43. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1129, by Senator Farley, Senate Print 4406, an 17 act to amend the Town Law. 18 ACTING PRESIDENT GRIFFO: Last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 43.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1132, by Senator Little, Senate Print 5370A, 5 an act to amend the Local Finance Law. 6 ACTING PRESIDENT GRIFFO: Last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 43. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1136, by Senator Little, Senate Print 5733, an 18 act to amend the Real Property Tax Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 10. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 43. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1145, by Senator Alesi, Senate Print 290, an 6 act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT GRIFFO: Last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect September 1, 2007. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 43. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1146, by Senator Bonacic, Senate Print 461, an 19 act to amend the Public Authorities Law. 20 ACTING PRESIDENT GRIFFO: Last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 30th day. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 43. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1149, by Senator Trunzo, Senate Print 1320, an 7 act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT GRIFFO: Last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 44. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1151, by Senator Larkin, Senate Print 4293, an 20 act to amend the Highway Law. 21 ACTING PRESIDENT GRIFFO: Last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 44. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1156, by Senator Volker, Senate Print 2372, an 8 act to amend the Alcoholic Beverage Control 9 Law and others. 10 ACTING PRESIDENT GRIFFO: Last 11 section. 12 THE SECRETARY: Section 9. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 45. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1163, by Senator Morahan, Senate Print 5473, 22 an act to amend the Mental Hygiene Law. 23 ACTING PRESIDENT GRIFFO: Last 24 section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 45. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1164, by Senator Marcellino, Senate Print 10 5760, an act in relation to requiring the 11 Commissioner of Mental Retardation. 12 ACTING PRESIDENT GRIFFO: Last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 45. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1165, by Senator Young, Senate Print 2135, an 24 act to amend the Education Law. 25 ACTING PRESIDENT GRIFFO: Last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 45. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1166, by Senator Trunzo, Senate Print 3048, an 12 act to amend the Education Law. 13 ACTING PRESIDENT GRIFFO: Last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of August. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 45. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1167, by Senator LaValle, Senate Print 5146, 25 an act to amend the Education Law.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 46. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1170, by Senator Farley, Senate Print 4782A, 13 an act to amend Chapter 223 of the Laws of 14 1996. 15 ACTING PRESIDENT GRIFFO: Last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 46. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1180, by Senator Young, Senate Print 4903, an 2 act to amend the Labor Law. 3 ACTING PRESIDENT GRIFFO: Last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 46. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1181, by Senator Lanza, Senate Print 5707, an 15 act to amend the Labor Law. 16 ACTING PRESIDENT GRIFFO: Last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 50. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1182, by Senator Maltese, Senate Print 5880, 3 an act to amend the Labor Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the same date and in 8 the same manner as Section 2 of Chapter 82 of 9 the Laws of 2006. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 50. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1184, by Senator Rath, Senate Print 3013, an 18 act to establish a joint police protection 19 district. 20 ACTING PRESIDENT GRIFFO: There 21 is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 50. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1189, by Senator Marcellino, Senate Print 8 5157, an act to authorize the City of Glen 9 Cove, County of Nassau. 10 ACTING PRESIDENT GRIFFO: There 11 is a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 50. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1190, by Senator Farley, Senate Print 5191, an 23 act authorizing the Village of St. Johnsville, 24 Montgomery County. 25 ACTING PRESIDENT GRIFFO: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 51. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1197, by Senator Winner, Senate Print 3219, an 13 act to amend the Environmental Conservation 14 Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 49. Nays, 23 2. Senators Perkins and Serrano recorded in 24 the negative. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1221, by Senator DeFrancisco, Senate Print 4 916, an act to amend the Criminal Procedure 5 Law. 6 ACTING PRESIDENT GRIFFO: Last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 51. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1225, by Senator Robach, Senate Print 1696, an 18 act to amend the Penal Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 54. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1229, by Senator Rath, Senate Print 2323, an 7 act to amend the Penal Law. 8 ACTING PRESIDENT GRIFFO: Last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the first of 12 November. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 54. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1253, by Senator Seward, Senate Print 805A, an 21 act to amend the Insurance Law. 22 ACTING PRESIDENT GRIFFO: Last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 54. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1347, by Senator Bonacic, Senate Print 669, an 9 acknowledgment to establish the Hudson School 10 of Math, Science and Engineering. 11 ACTING PRESIDENT GRIFFO: Last 12 section. 13 THE SECRETARY: Section 12. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT GRIFFO: Senator 19 Bonacic, to explain his vote. 20 SENATOR BONACIC: Thank you, 21 Mr. President. 22 Earlier this week we spoke about an 23 upstate/Hudson Valley economic development 24 plan. And what is happening in this state, 25 the Capital Region and the Hudson Valley is

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(518) 371-8910 1 becoming a mecca for technology jobs. And we 2 spoke of IBM in Dutchess County, Sematech 3 right here in Albany. And that corridor in 4 between presents many opportunities, now and 5 in the future, for job creation. 6 This school that we want to 7 establish is a high school technology 8 cutting-edge school, run by BOCES. And I'm 9 pleased that it passed unanimously in this 10 house. Assemblyman Kevin Cahill is carrying 11 it in the other house. 12 But this is what we should be doing 13 throughout the state, in creating these 14 technology high schools where there are 15 opportunities for employers that deal with 16 emerging markets, capital investment, and 17 public/private partnerships with our education 18 facilities. 19 This is a win/win for jobs, it's a 20 win/win for our youth, and it's a win/win for 21 the future of economic vitality for the State 22 of New York. I vote yes. 23 Thank you, Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Bonacic to be recorded in the affirmative.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 54. Nays, 3 0. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1369, by Senator Little, Senate Print 2941, an 8 act authorizing the payment. 9 ACTING PRESIDENT GRIFFO: Last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 54. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1370, by Senator Robach, Senate Print 3054A, 21 an act to amend the Civil Service Law and the 22 Education Law. 23 ACTING PRESIDENT GRIFFO: 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 first of January 2 next succeeding. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. Nays, 7 1. Senator Padavan recorded in the negative. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 That completes the noncontroversial 11 reading of the calendar, Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 if we could return to motions and resolutions, 14 there's a resolution at the desk, 2465, by 15 Senator Golden. If we could have the title 16 read. 17 ACTING PRESIDENT GRIFFO: Motions 18 and resolutions. 19 The Secretary will read. 20 THE SECRETARY: By Senator 21 Golden, Legislative Resolution Number 2465, 22 commending the United States Naval Special 23 Warfare Development Group for its valiant 24 military service by supporting the Global War 25 on Terror.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Golden. 3 SENATOR GOLDEN: Thank you, 4 Mr. President. 5 I rise to speak on this resolution 6 about an elite group, an elite force that is 7 in this great nation that goes around this 8 world and takes on the most serious of 9 obligations to protect our people, our 10 soldiers, our citizens in foreign lands and 11 here in this land. 12 Today we have the Navy Seals 13 operating here in the City of New York, 14 working with the New York City Police 15 Department in training. 16 We are today to pay special 17 recognition to the Naval Special Warfare 18 Development Group, which is their official 19 name. This elite Navy Seals team focuses on 20 cutting-edge technology as a means to combat 21 terrorism worldwide. They have developed and 22 evaluated new counterterrorism tactics which 23 are invaluable to the safety of our city, our 24 state and our nation. 25 The Naval Special Warfare

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(518) 371-8910 1 Development Group recently worked with the 2 NYPD and are there this week sharing some of 3 their counterterrorism knowledge that they 4 have developed. There is little doubt that 5 their knowledge has imparted and has made all 6 of our lives a bit safer. 7 They will leave for Arizona at the 8 end of this week to further their training and 9 to assist those in Arizona in their training. 10 It is only fitting that we take a 11 moment today to thank these brave men and 12 women that are out there fighting for us day 13 to day, 24 hours, seven days a week, through 14 the nights, diving underneath our bridges, 15 diving into our waters, looking to make sure 16 that we are secure, that we are safe, and 17 doing counterterrorism across this great 18 nation. 19 So I'm going to open this up for 20 all of my colleagues if they would join me in 21 this -- I guess this greeting and thanking 22 America's elite. 23 Thank you, Mr. President. 24 ACTING PRESIDENT GRIFFO: On the 25 resolution, all in favor signify by saying

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(518) 371-8910 1 aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT GRIFFO: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT GRIFFO: The 7 resolution is adopted. 8 And you may inquire at the desk if 9 you would like to be a cosponsor. 10 Senator Skelos. 11 SENATOR SKELOS: I think we've 12 completed the calendar. 13 There will be a meeting of the 14 Majority in the Majority Conference Room at 15 11:30, and then perhaps there will be a 16 meeting of the Rules Committee. So we'll 17 report a little bit later. 18 ACTING PRESIDENT GRIFFO: There 19 will be a meeting of the Majority conference 20 in the Majority Conference Room. 21 For clarification, on the 22 resolution, the resolution is open to 23 everyone. If you choose not to be on the 24 resolution, please indicate by approaching the 25 desk. Thank you.

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(518) 371-8910 1 The Senate is at ease. 2 (Whereupon, the Senate stood at 3 ease at 11:29 a.m.) 4 ACTING PRESIDENT FARLEY: Senator 5 Skelos. 6 SENATOR SKELOS: Mr. President, 7 there will be an immediate meeting of the 8 Rules Committee in the Majority Conference 9 Room. 10 ACTING PRESIDENT FARLEY: There 11 will be an immediate meeting of the Rules 12 Committee in the Majority Conference Room. 13 The Senate will continue to stand 14 at ease. 15 (Whereupon, the Senate reconvened 16 at 12:22 p.m.) 17 ACTING PRESIDENT GRIFFO: Senator 18 Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could return to reports of standing 21 committees, there's a report of the Rules 22 Committee at the desk. I ask that it be read 23 at this time. 24 ACTING PRESIDENT GRIFFO: Reports 25 of standing committees.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, reports the 4 following bills: 5 Senate Print 5908, by Senator 6 Wright, an act to amend the Energy Law; 7 And Senate Print 5952, by the 8 Senate Committee on Rules, an act to amend 9 Chapter 557 of the Laws of 2001. 10 Both bills ordered direct to third 11 reading. 12 SENATOR SKELOS: Move to accept 13 the report of the Rules Committee. 14 ACTING PRESIDENT GRIFFO: The 15 motion is to accept the report of the Rules 16 Committee. All in favor signify by saying 17 aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT GRIFFO: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT GRIFFO: The 23 report of the Rules Committee is accepted. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 if you would call up Calendar 1440, Senate 2 Print 5908, that was just reported from the 3 Rules Committee. 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1440, by Senator Wright, Senate Print 5908, an 8 act to amend the Energy Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 12. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT GRIFFO: Senator 17 Wright, to explain his vote. 18 SENATOR WRIGHT: Thank you, 19 Mr. President. 20 I would encourage my colleagues to 21 support this bill today because there's a 22 critical need to increase the capacity for 23 electrical generation in this state that has 24 been well documented on numerous occasions. 25 What this bill specifically does

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(518) 371-8910 1 provide a predictable, logical, consistent 2 process for the siting of those facilities. 3 Therefore, it's referred to as the siting 4 bill. 5 It is not a bill that incorporates 6 standards. It is not a bill that in any way 7 diminishes any of the existing air or water 8 quality standards enacted by the State of 9 New York or the federal government. In fact, 10 it specifically includes them. 11 It also further provides for 12 environmental justice standards that are 13 currently utilized by DEC and incorporated in 14 this statute. It further provides the siting 15 board to allow for mitigation of any defined 16 impacts. It does what it's supposed to do, 17 authorizes the Department of Health and the 18 Department of Environmental Conservation for 19 full participation in the process to meet 20 their public obligations to protect 21 environmental and public health. 22 I vote aye and encourage my 23 colleagues to do so. 24 ACTING PRESIDENT GRIFFO: Senator 25 Wright will be recorded in the affirmative.

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(518) 371-8910 1 Senator Parker, to explain his 2 vote. 3 SENATOR PARKER: Thank you very 4 much, Mr. President. 5 You know, we are in a crisis 6 situation as relates to our environment as we 7 start thinking about alternative energy, as we 8 start thinking about what needs to happen in 9 our world, let alone our communities and the 10 great State of New York. Making sure that we 11 have clean, safe, reliable energy is at the 12 top of that agenda. 13 This bill helps us do that. And 14 let me congratulate Senator Wright for 15 bringing it forward and working so hard and 16 diligently on this bill for many years now. 17 Although a young man, he has put in a lot of 18 time working on this. 19 This bill is not a perfect bill, 20 but I think it does take us a long way to 21 where we need to go. We need to strengthen 22 the environmental justice language and have it 23 a little bit clearer. We need to make sure 24 that we have communities protected. We need 25 to make sure that we are keeping CO2 and

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(518) 371-8910 1 particulate matter down. 2 This bill does some of that -- not 3 quite as far as we'd like to go, but I'm 4 hoping that in a conference committee that 5 we're going to be able to work out all those 6 details and have a bill that is not a perfect 7 bill but a good bill. 8 And so I'll be voting yes on this. 9 ACTING PRESIDENT GRIFFO: Senator 10 Parker will be recorded in the affirmative. 11 Senator Diaz, to explain his vote. 12 SENATOR DIAZ: Thank you, 13 Mr. President. 14 I rise to vote against this bill, 15 strongly oppose this bill, for the following 16 reasons. 17 Number one, I represent an area in 18 the Bronx called the South Bronx where we have 19 the highest rate of asthma, cancer and lung 20 disease in the nation. In that area, in that 21 area alone, we have, Mr. President, four 22 turbine plants, we have two power plants, we 23 have many waste transportation plants, and we 24 have many recycling stations. 25 You wonder why is it that that area

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(518) 371-8910 1 has the highest asthma rate, deaths, and 2 cancer and lung disease. Under the Pataki 3 administration, they did something some tricky 4 things, you know. The law requested that a 5 plant of 80 megawatts was supposed to go 6 through a very strict scrutiny, but they 7 decided that they're going to make it 79.9. 8 Like that, they avoided the 80 megawatts. But 9 the plant was now 79.9 megawatts. 10 And what they did, they put -- in 11 our communities they put one plant, 12 79.9 megawatts, close to another plant, 13 79.9 megawatts. So in a region of one mile, 14 you cross the river to Queens, they got one in 15 Queens. So you cross the river, less than a 16 mile. So you've got now a plant with 17 159.8 megawatts. 18 So I understand that the state and 19 the city need more energy. But you know what 20 they did? Also they wanted to build 11 21 miniplants. And they went throughout the 22 state of New York, and they studied 61 sites 23 to build 11 miniplants. They went ahead and, 24 out of the 11 miniplants, they built seven of 25 them in minority areas, minority communities.

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(518) 371-8910 1 Out of the 61 sites in the state they studied 2 to build 11 miniplants, out of the 11 3 miniplants they built seven in minority 4 communities, and four of the seven right in 5 the Bronx. 6 So while we understand that we need 7 energy, the bill should say or should mandate 8 that a plant should be built far away, several 9 miles away one from the other, and not 10 confront the case that we are confronting in 11 Queens, the Bronx and other areas. 12 So, ladies and gentlemen, I cannot 13 support this bill. The bill is detrimental to 14 our health, detrimental to our community. Our 15 communities are already carrying enough burden 16 of miniplants and all these things. 17 So I'm voting no, Mr. President. 18 And please be sure that my vote is in the no, 19 no, no line. Thank you. 20 ACTING PRESIDENT GRIFFO: Senator 21 Diaz to be recorded in the negative. 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1440 are 25 Senators Connor, Diaz, Dilan, Gonzalez,

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(518) 371-8910 1 Hassell-Thompson, L. Krueger, LaValle, 2 Leibell, Montgomery, Morahan, Oppenheimer, 3 Padavan, Perkins, Sabini, Schneiderman, 4 Serrano, Stavisky, Stewart-Cousins and 5 Thompson. Also Senator Saland. 6 Ayes, 39. Nays, 20. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 if we could now call up Calendar Number 1441. 12 ACTING PRESIDENT GRIFFO: The 13 Secretary will read. 14 THE SECRETARY: In relation to 15 Calendar Number 1441, Senator Bruno moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 8695 and substitute it 18 for the identical Senate Bill Number 5952, 19 Third Reading Calendar 1441. 20 ACTING PRESIDENT GRIFFO: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1441, by Member of the Assembly Pheffer, 25 Assembly Print Number 8695, an act to amend

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(518) 371-8910 1 Chapter 557 of the Laws of 2001. 2 ACTING PRESIDENT GRIFFO: Last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 is there any further business at the desk? 15 ACTING PRESIDENT GRIFFO: We have 16 a motion. 17 Senator Fuschillo to be recognized 18 for a motion. 19 SENATOR FUSCHILLO: Mr. 20 President, thank you. 21 On behalf of Senator Padavan, on 22 page number 70 I offer the following 23 amendments to Calendar Number 1330, Senate 24 Print Number 4634, and ask that said bill 25 retain its place on Third Reading Calendar.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 amendments are received and adopted, and the 3 bill will retain its place on the Third 4 Reading Calendar. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 there being no further business to come before 8 the Senate, I move we stand adjourned until 9 Monday, June 4th, at 3:00 p.m., intervening 10 days being legislative days. 11 ACTING PRESIDENT GRIFFO: On 12 motion, the Senate stands adjourned until 13 Monday, June 4th, at 3:00 p.m., intervening 14 days being legislative days. 15 (Whereupon, at 12:33 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23 24 25

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(518) 371-8910