Monday, June 4, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 4, 2007 11 3:15 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 I would ask all assembled to please 5 rise with me and recite our Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: Our invocation 10 today will be delivered by the Reverend Peter 11 G. Young, of Mother Theresa Community, right 12 here in Albany. 13 REVEREND YOUNG: Let us pray. 14 Dear God, it's my privilege today 15 to dedicate the prayer to a man who served 16 here in this chamber for 35 years, Senator 17 Anderson, who was a good friend and a very, 18 very strong, dedicated leader of our state. 19 Almighty Eternal God, You have 20 revealed Your glory to all nations. God of 21 Power, almighty wisdom and justice comes to 22 our Senators through their authority with 23 prayer, that Your laws are enacted and 24 judgments are decreed, with our citizens 25 benefitting from the dedication of our session

Candyco Transcription Service, Inc.

(518) 371-8910 1 today. 2 We pray that You will remember that 3 important example of Warren to all of those 4 that are here in this dedicated chamber. 5 Amen. 6 THE PRESIDENT: And all those 7 members just joining us in the past few years, 8 if you never had the opportunity to meet 9 Senator Anderson, he was as distinguished a 10 gentleman that ever graced this chamber, and 11 one whose dedication and goodwill transcended 12 both sides of the aisle of this institution. 13 The reading of the Journal. 14 THE SECRETARY: In Senate, 15 Sunday, June 3, the Senate met pursuant to 16 adjournment. The Journal of Saturday, June 2, 17 was read and approved. On motion, Senate 18 adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Farley. 6 SENATOR FARLEY: Thank you, 7 Mr. President. 8 Amendments are offered to the 9 following Third Reading Calendar bills: 10 Senator Winner, on page 34, 11 Calendar 874, Senate Print 3317; 12 For Senator Padavan, on page 36, 13 Calendar Number 928, Senate Print 881; 14 On behalf of Senator Golden, on 15 page 36, Calendar Number 930, Senate Print 16 3333A; 17 On behalf of Senator LaValle, on 18 page 40, Calendar 981, Senate Print 5328; 19 On behalf of Senator Seward, on 20 page 43, Calendar Number 1018, Senate Print 21 3150; 22 On behalf of the Majority Leader, 23 Senator Bruno, on page 53, Calendar Number 24 1191, Senate Print 5849; 25 On behalf of Senator Leibell, on

Candyco Transcription Service, Inc.

(518) 371-8910 1 page 54, Calendar Number 1201, Senate Print 2 5125; 3 On behalf of Senator Larkin, on 4 page 64, Calendar 1317, Senate Print 2021; 5 On behalf of Senator Morahan, on 6 page 70, Calendar Number 1377, Senate Print 7 5181A; 8 And last, on behalf of Senator 9 Leibell, on page 71, Calendar Number 1394, 10 Senate Print 5666. 11 Mr. President, I move that these 12 bills retain their place on the Third Reading 13 Calendar. 14 THE PRESIDENT: The amendments to 15 the nine aforementioned bills have been 16 received and adopted, and these bills will 17 retain their place on the Third Reading 18 Calendar. 19 Senator Duane. 20 SENATOR DUANE: Thank you, 21 Mr. President. 22 On behalf of Senator L. Krueger, I 23 move that the following bill be discharged 24 from its respective committee and be 25 recommitted with instructions to strike the

Candyco Transcription Service, Inc.

(518) 371-8910 1 enacting clause: Senate Number 4756. 2 And on behalf of Senator 3 Stewart-Cousins, I move that the following 4 bill be discharged from its respective 5 committee and be recommitted with instructions 6 to strike the enacting clause: S4478. 7 And, Mr. President, on page 53, on 8 behalf of Senator Sabini, I offer the 9 following amendments to Calendar Number 1193, 10 Senate Print Number 1725A, and ask that said 11 bill retain its place on Third Reading 12 Calendar. 13 THE PRESIDENT: So ordered. 14 Thank you, Senator Duane. 15 SENATOR DUANE: Thank you, 16 Mr. President. 17 THE PRESIDENT: Senator Winner. 18 SENATOR WINNER: Are there any 19 substitutions, Mr. President? 20 THE PRESIDENT: Yes, there are. 21 The Secretary will read. 22 THE SECRETARY: On page 31, 23 Senator Leibell moves to discharge, from the 24 Committee on Judiciary, Assembly Bill Number 25 3074 and substitute it for the identical

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senate Bill Number 4564, Third Reading 2 Calendar 838. 3 On page 43, Senator Seward moves to 4 discharge, from the Committee on 5 Investigations and Government Operations, 6 Assembly Bill Number 6552 and substitute it 7 for the identical Senate Bill Number 2072, 8 Third Reading Calendar 1013. 9 On page 54, Senator Wright moves to 10 discharge, from the Committee on Environmental 11 Conservation, Assembly Bill Number 8201 and 12 substitute it for the identical Senate Bill 13 Number 5799, Third Reading Calendar 1205. 14 On page 55, Senator O. Johnson 15 moves to discharge, from the Committee on 16 Environmental Conservation, Assembly Bill 17 Number 8214 and substitute it for the 18 identical Senate Bill Number 5840, Third 19 Reading Calendar 1216. 20 On page 55, Senator O. Johnson 21 moves to discharge, from the Committee on 22 Environmental Conservation, Assembly Bill 23 Number 8208 and substitute it for the 24 identical Senate Bill Number 5841, Third 25 Reading Calendar 1217.

Candyco Transcription Service, Inc.

(518) 371-8910 1 On page 72, Senator Bruno moves to 2 discharge, from the Committee on 3 Investigations and Government Operations, 4 Assembly Bill Number 7267 and substitute it 5 for the identical Senate Bill Number 3438, 6 Third Reading Calendar 1404. 7 And on page 74, Senator Nozzolio 8 moves to discharge, from the Committee on 9 Transportation, Assembly Bill Number 6604A and 10 substitute it for the identical Senate Bill 11 Number 3120A, Third Reading Calendar 1426. 12 THE PRESIDENT: Substitutions 13 ordered. 14 Senator Winner. 15 SENATOR WINNER: Thank you, 16 Mr. President. 17 Would you please recognize Senator 18 Marcellino for the purposes of an 19 introduction. 20 THE PRESIDENT: Thank you. 21 The chair recognizes Senator 22 Marcellino. 23 SENATOR MARCELLINO: Thank you, 24 Mr. President. 25 Mr. President, as we all know,

Candyco Transcription Service, Inc.

(518) 371-8910 1 every year the Italian-American State 2 Legislators Conference holds the annual festa 3 at the Troy Italian-American Center. This is 4 the night; this has been the weekend. 5 We invite everyone to participate 6 in this great event -- plenty of food, plenty 7 of drink. And we hope everyone comes and has 8 a good time and meets our honoree for the 9 year, Tony LoBianco. 10 It's a name that should be familiar 11 to all of us. Tony LoBianco was born on 12 October 19, 1936. I only say that because 13 that makes him older than me. For which he 14 will probably deck me, because he was a Golden 15 Gloves boxer at one time. And he looks like 16 he's in a lot better shape than I am, so I'm 17 not going to push this too far. 18 But he is a great man, he's done a 19 lot with his career on Broadway, Off Broadway, 20 TV and films. His career has run the gamut 21 from drama to comedy. He has shown his 22 talents -- there was only one show that he 23 appeared in called "Bella Mafia," and I don't 24 know, I guess it's just fiction, because we 25 all know there is no such organization.

Candyco Transcription Service, Inc.

(518) 371-8910 1 But the fact that he is our honoree 2 this year is a good thing. He has shown grace 3 and charm with everyone that he has met. And 4 it is my pleasure to offer him and ask him to 5 accept our thanks and gratitude for being here 6 this day. 7 And thank you, Mr. LoBianco, for 8 being our honoree this year. 9 (Applause.) 10 THE PRESIDENT: Thank you very 11 much. And welcome to the chamber on behalf of 12 Majority Leader Joseph Bruno here in the 13 Senate, Mr. LoBianco, star of "The French 14 Connection," a movie that offered the famous 15 scene when the outlaws are having a gourmet 16 dinner and the public servants, the police, 17 who were designed to protect the public, were 18 outside eating pizza. That stark irony is one 19 I never forgot. 20 So welcome, Mr. LoBianco, born 21 October 19, 1936, which was a Friday. You can 22 look it up. 23 (Laughter.) 24 THE PRESIDENT: Senator Winner. 25 SENATOR WINNER: Thank you,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President. 2 May we have the reading of the 3 noncontroversial calendar. 4 THE PRESIDENT: The Secretary 5 will conduct the noncontroversial reading of 6 the calendar. 7 THE SECRETARY: Calendar Number 8 93, by Senator Saland, Senate Print 1095, an 9 act to amend the Education Law. 10 THE PRESIDENT: Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 105, by Senator Trunzo, Senate Print 558, an 20 act to amend the Agriculture and Markets Law. 21 THE PRESIDENT: Last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 60th day. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Results. 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 261, by Senator Rath, Senate Print 2322, an 7 act to amend the Real Property Tax Law, in 8 relation to real property. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 February. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 409, by Senator LaValle, Senate Print 3305A, 21 an act to amend the Civil Service Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 482, by Senator Lanza, Senate Print 4067, an 8 act to amend the Workers' Compensation Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 618, by Senator Alesi, Senate Print 282, an 20 act to provide for the creation of a temporary 21 state commission. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 637, by Senator Fuschillo, Senate Print 4306, 8 an act to amend the General Business Law. 9 THE PRESIDENT: Last 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, 58. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 709, by Senator Seward, Senate Print 2456, an 19 act to amend the Executive Law. 20 THE PRESIDENT: Last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 711, by Senator Trunzo, Senate Print 3925, an 5 act to amend the Executive Law. 6 THE PRESIDENT: 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, 58. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 713, by Senator Larkin, Senate Print 537, an 16 act to amend the Agriculture and Markets Law. 17 THE PRESIDENT: Last section. 18 THE SECRETARY: Section 10. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 784, by Senator DeFrancisco, Senate Print 2 2057, an act to direct the Office for 3 Technology. 4 THE PRESIDENT: Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 180th day. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 799, by Senator Trunzo, Senate Print 2694A, an 14 act authorizing the assessor of the Town of 15 Islip. 16 THE PRESIDENT: Last 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, 57. Nays, 22 1. Senators Bonacic and Larkin recorded in 23 the negative. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 838, substituted earlier today by Member of 3 the Assembly Bradley, Assembly Print Number 4 3074, an act to amend the Domestic Relations 5 Law. 6 THE PRESIDENT: 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, 58. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 850, by Senator Skelos, Senate Print 5195, an 16 act to amend the Eminent Domain Procedure Law. 17 THE PRESIDENT: Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 871, by Senator Young, Senate Print 5579 -- 2 SENATOR WINNER: Lay it aside for 3 the day. 4 THE PRESIDENT: The bill is laid 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 897, by Senator Farley, Senate Print 4799A, an 8 act to amend the Real Property Tax Law. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section, please. 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, 58. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 911, by Senator Morahan, Senate Print 4073, an 21 act requiring the use of politically correct 22 terminology. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 913, by Senator Morahan, Senate Print 4147, an 10 act to amend the Mental Hygiene 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, 58. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 944, by Senator Young, Senate Print 4453, an 23 act to amend the Agriculture and Markets Law. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

Candyco Transcription Service, Inc.

(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, 58. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 946, by Senator Young, Senate Print 4837, an 11 act to amend the Agriculture and Markets Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 7. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 960, by Senator Padavan, Senate Print 5485, an 23 act to amend the General Municipal Law. 24 THE PRESIDENT: Read the last 25 section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 998, by Senator Maltese -- 10 SENATOR WINNER: Lay it aside for 11 the day. 12 THE PRESIDENT: The bill is laid 13 aside for the day. 14 THE SECRETARY: Calendar Number 15 1013, substituted earlier today by Member of 16 the Assembly P. Lopez, Assembly Print Number 17 6552, an act to amend the Tax Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 THE PRESIDENT: The bill is

Candyco Transcription Service, Inc.

(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1016, by Senator Winner, Senate Print 2817, an 4 act to amend the Tax Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 4. This 8 act shall take effect on the 180th day. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE PRESIDENT: Results. 12 THE SECRETARY: Ayes, 57. Nays, 13 1. Senator Duane recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1023, by Senator Libous, Senate Print 4125, an 18 act to amend the Tax Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1031, by Senator Farley, Senate Print 4407, an 5 act to amend the Tax Law. 6 THE PRESIDENT: 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, 58. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1039, by Senator Fuschillo, Senate Print 3080, 16 an act to amend the Penal Law. 17 THE PRESIDENT: Last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the first of 20 November. 21 THE PRESIDENT: The Secretary 22 will call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 THE PRESIDENT: The bill is

Candyco Transcription Service, Inc.

(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1075, by Senator Griffo, Senate Print Number 4 4047, an act to amend Chapter 335 of the Laws 5 of 2005. 6 THE PRESIDENT: 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, 58. 12 THE PRESIDENT: Calendar Number 13 1075, the bill is passed. 14 THE SECRETARY: Calendar Number 15 1090, by Senator Robach, Senate Print 1702, an 16 act to amend the Correction Law. 17 THE PRESIDENT: Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of 20 November. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1169, by Senator LaValle, Senate Print 5477, 3 an act to amend the Education Law. 4 THE PRESIDENT: Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1196, by Senator Flanagan, Senate Print 3885, 14 an act to amend the General Municipal Law. 15 THE PRESIDENT: Last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. Nays, 21 1. Senator Duane recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1202, by Senator Padavan, Senate Print 81, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act to amend the Penal Law. 2 THE PRESIDENT: Last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1202 are 10 Senators Diaz, Duane, Gonzalez, Perkins and 11 Serrano. Also Senator Hassell-Thompson. 12 Ayes, 52. Nays, 6. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1205, substituted earlier today by Member of 17 the Assembly Aubertine, Assembly Print Number 18 8201, an act to amend the Environmental 19 Conservation Law. 20 THE PRESIDENT: The Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 58. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1216, substituted earlier today by Member of 6 the Assembly Cymbrowitz, Assembly Print Number 7 8214, an act to amend the Environmental 8 Conservation Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. Nays, 16 2. Senators Duane and LaValle recorded in the 17 negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1217, substituted earlier today by Member of 22 the Assembly Sweeney, Assembly Print Number 23 8208, an act to amend the Environmental 24 Conservation Law. 25 THE PRESIDENT: Last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. Nays, 6 2. Senators Duane and LaValle recorded in the 7 negative. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1226, by Senator Rath, Senate Print 1869, an 12 act to amend the Penal 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: Those recorded in 20 the negative on Calendar Number 1226 are 21 Senators Duane, Hassell-Thompson, Huntley and 22 Montgomery. 23 Ayes, 54. Nays, 4. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1228, by Senator Winner, Senate Print 2123, an 3 act to amend the Penal Law. 4 THE PRESIDENT: Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1228 are 12 Senators Diaz, Dilan, Duane, Gonzalez, 13 Hassell-Thompson, Huntley, L. Krueger, 14 Montgomery, Perkins and Schneiderman. 15 Ayes, 48. Nays, 10. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1230, by Senator Volker, Senate Print 2337, an 20 act to amend the Civil Practice Law and Rules. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the 180th day. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1241, by Senator Padavan, Senate Print 4209, 7 an act -- 8 SENATOR HASSELL-THOMPSON: Lay it 9 aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1245, by Senator Fuschillo, Senate Print 5153, 14 an act to amend the Penal Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the first of 19 November. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1255, by Senator Seward, Senate Print 2085A, 2 an act to amend the Insurance Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1261, by Senator DeFrancisco, Senate Print 14 5076A, an act to amend the Insurance Law and 15 the Civil Practice Law and Rules. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1281, by Senator Maltese, Senate Print 302, an 2 act to amend the Real Property Tax Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect June 1, 2008. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1304, by Senator Volker, Senate Print 4631, an 14 act to amend the Court of Claims Act. 15 SENATOR WINNER: Lay it aside for 16 the day. 17 THE PRESIDENT: The bill is laid 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 1310, by Senator DeFrancisco, Senate Print 21 5855, an act to amend the Court of Claims Act. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1313, by Senator LaValle, Senate Print 4405, 8 an act to amend the Education Law. 9 THE PRESIDENT: Please read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1324, by Senator Montgomery, Senate Print 20 3201, an act to amend the Social Services Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 6. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1331, by Senator Saland, Senate Print 4693, an 7 act to amend the Criminal Procedure Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 30th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1345, by Senator Golden, Senate Print 117, an 19 act to amend the Executive Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first of January 24 next succeeding. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1353, by Senator Volker, Senate Print 4491, an 7 act to amend the Executive 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, 58. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1355, by Senator Larkin, Senate Print 4843, an 19 act to amend the Executive Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 58. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1361, by Senator Leibell, Senate Print 5642, 6 an act to amend the Executive Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1373, by Senator Larkin, Senate Print 4123, an 18 act to authorize the City of Newburgh in the 19 County of Orange. 20 THE PRESIDENT: There is a 21 home-rule message at the desk. 22 Please read the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1376, by Senator Golden, Senate Print 4895, an 7 act to amend the Administrative Code of the 8 City of New York and the Retirement and Social 9 Security Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1380, by Senator Nozzolio, Senate Print 324, 21 an act authorizing James J. Colacino to 22 receive. 23 THE PRESIDENT: Last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1403, by the Senate Committee on Rules, Senate 8 Print 3319, an act to amend Chapter 579 of the 9 Laws of 2004. 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: Ayes, 58. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1404, substituted earlier today by Member of 20 the Assembly Molinaro, Assembly Print Number 21 7267, an act to amend the Tax Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1405, by the Senate Committee on Rules, Senate 8 Print Number 3439, an act to amend the Tax 9 Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1407, by Senator Flanagan, Senate Print 3850, 21 an act to amend the Public Officers Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1422, by Senator Trunzo, Senate Print 1484, an 8 act to amend the Vehicle and Traffic Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1424, by Senator DeFrancisco, Senate Print 20 1823, an act to amend the Navigation Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1426, substituted earlier today by Member of 7 the Assembly Morelle, Assembly Print Number 8 6604A, an act to amend the Vehicle and Traffic 9 Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1429, by Senator Alesi, Senate Print 4122, an 21 act to amend the Highway Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1435, by Senator Robach, Senate Print 1923 -- 9 SENATOR WINNER: Lay it aside for 10 the day, please. 11 THE PRESIDENT: This bill is laid 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 1436, by Senator Volker, Senate Print 4254, an 15 act to allow a filing for state aid. 16 THE PRESIDENT: Last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect July 1, 2007. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 THE PRESIDENT: The bill is 23 passed. 24 Senator Winner, that completes the 25 noncontroversial reading of the calendar.

Candyco Transcription Service, Inc.

(518) 371-8910 1 What is your pleasure? 2 SENATOR WINNER: We'll stand at 3 ease momentarily, Mr. President. 4 THE PRESIDENT: The Senate will 5 stand at ease. 6 (Whereupon, the Senate stood at 7 ease at 3:50 p.m.) 8 (Whereupon, the Senate reconvened 9 at 3:53 p.m.) 10 THE PRESIDENT: Senator Winner. 11 SENATOR WINNER: Mr. President, I 12 would lay aside for the day Calendar Number 13 1241. 14 THE PRESIDENT: Calendar Number 15 1241 is laid aside for the day. 16 Senator Winner. 17 SENATOR WINNER: For the 18 information of the members, there will be an 19 immediate meeting of the Rules Committee. The 20 Rules Committee will report two bills for 21 action for tomorrow. 22 THE PRESIDENT: There will be an 23 immediate meeting of the Rules Committee in 24 the Majority Conference Room. 25 SENATOR WINNER: After that

Candyco Transcription Service, Inc.

(518) 371-8910 1 action, Mr. President, we'll accept the report 2 of the Rules Committee and adjourn for the 3 day. 4 THE PRESIDENT: Thank you. The 5 Senate stands at ease. 6 (Whereupon, the Senate stood at 7 ease at 3:54 p.m.) 8 (Whereupon, the Senate reconvened 9 at 4:00 p.m.) 10 SENATOR WINNER: Mr. President, 11 may we please return to reports of standing 12 committees. 13 I believe there's a report of the 14 Rules Committee at the desk. 15 ACTING PRESIDENT ROBACH: Thank 16 you, Senator Winner. 17 The Secretary will read. 18 THE SECRETARY: Senator Bruno, 19 from the Committee on Rules, reports the 20 following bills: 21 Senate Print 6015, by Senator 22 Skelos, an act to authorize and direct the 23 Department of Environmental Conservation; 24 And Senate Print 6020, by Senator 25 Bruno, Concurrent Resolution of the Senate and

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly proposing amendments to the 2 Constitution. 3 Both bills ordered direct to third 4 reading. 5 ACTING PRESIDENT ROBACH: Senator 6 Winner. 7 SENATOR WINNER: Move to accept 8 the report of the Rules Committee. 9 ACTING PRESIDENT ROBACH: All in 10 favor of accepting the report of the Rules 11 Committee signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT ROBACH: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT ROBACH: The 17 report is accepted. 18 Senator Winner. 19 SENATOR WINNER: Is there any 20 other business at the desk? 21 ACTING PRESIDENT ROBACH: No, 22 there is not. 23 SENATOR WINNER: There being no 24 further business, I move we adjourn until 25 Tuesday, June 5th, at 3:00 p.m.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT ROBACH: On 2 motion, the Senate stands adjourned until 3 Tuesday, June 5th, at 3:00 p.m. 4 (Whereupon, at 4:01 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910