Thursday, June 7, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 7, 2007 11 11:05 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CATHARINE M. YOUNG, 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 YOUNG: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT YOUNG: In the 10 absence of clergy may we bow our heads, 11 please, in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT YOUNG: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, June 6, the Senate met pursuant to 18 adjournment. The Journal of Tuesday, June 5, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT YOUNG: 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, Madam 9 President. 10 On behalf of Senator Maziarz, I 11 wish to call up his bill, Print Number 258, 12 it's recalled from the Assembly and it's now 13 at the desk. 14 ACTING PRESIDENT YOUNG: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 167, by Senator Maziarz, Senate Print 258, an 18 act to amend the Administrative Procedure Act. 19 SENATOR FARLEY: Madam President, 20 I now move to reconsider the vote by which 21 this bill was passed. 22 ACTING PRESIDENT YOUNG: The 23 Secretary will call the roll upon 24 reconsideration. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 37. 2 SENATOR FARLEY: Madam President, 3 I now offer the following amendments. 4 ACTING PRESIDENT YOUNG: The 5 amendments are received. 6 SENATOR FARLEY: Again on behalf 7 of Senator Maziarz, Madam President, I wish to 8 call up his bill, Print Number 4460, it's 9 recalled from the Assembly and it's now at the 10 desk. 11 ACTING PRESIDENT YOUNG: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 1066, by Senator Maziarz, Senate Print 4460, 15 an act to amend Chapter 547 of the Laws of 16 1947. 17 SENATOR FARLEY: Madam President, 18 I now move to reconsider the vote by which 19 this bill was passed. 20 ACTING PRESIDENT YOUNG: The 21 Secretary will call the roll on 22 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 YOUNG: The 3 amendments are received. 4 SENATOR FARLEY: Madam President, 5 on behalf of Senator Winner, I wish to call up 6 his bill, Print Number 3219, it's recalled 7 from the Assembly and it's now at the desk. 8 ACTING PRESIDENT YOUNG: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 1197, by Senator Winner, Senate Print 3219, an 12 act to amend the Environmental Conservation 13 Law. 14 SENATOR FARLEY: I now move to 15 reconsider the vote by which this bill was 16 passed. 17 ACTING PRESIDENT YOUNG: The 18 Secretary will call the roll on 19 reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 38. 22 SENATOR FARLEY: Madam President, 23 I now offer the following amendments. 24 ACTING PRESIDENT YOUNG: The 25 amendments are received.

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(518) 371-8910 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: Thank you 3 very much, Madam President. 4 Amendments are offered to the 5 following Third Reading Calendar bills: 6 Sponsored by Senator Golden, page 7 number 9, Calendar Number 269, Senate Print 8 Number 453; 9 By Senator Leibell, page number 13, 10 Calendar Number 434, Senate Print Number 3806; 11 By Senator Nozzolio, page number 12 22, Calendar Number 682, Senate Print Number 13 4118A; 14 By Senator Flanagan, page number 15 31, Calendar Number 891, Senate Print Number 16 3852; 17 By Senator Volker, page number 52, 18 Calendar Number 1305, Senate Print Number 19 4704A; 20 By Senator Flanagan, page number 21 31, Calendar Number 880, Senate Print Number 22 5628; 23 By Senator Flanagan, page number 24 53, Calendar Number 1333, Senate Print Number 25 690;

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(518) 371-8910 1 By Senator Padavan, page number 34, 2 Calendar Number 956, Senate Print Number 5246; 3 By Senator Saland, page number 39, 4 Calendar Number 1043, Senate Print Number 5 3740; 6 By Senator Saland, page number 62, 7 Calendar Number 1534, Senate Print Number 8 5717A; 9 And by Senator Little, page 10 number 42, Calendar Number 1131, Senate Print 11 Number 5302A. 12 I now move that these bills retain 13 their place on the order of third reading. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Fuschillo. The amendments are 16 received, and the bills will retain their 17 place on the Third Reading Calendar. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 I believe there are substitutions at the desk. 21 If we can make them at this time. 22 ACTING PRESIDENT YOUNG: The 23 Secretary will read. 24 THE SECRETARY: On page 16, 25 Senator Little moves to discharge, from the

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(518) 371-8910 1 Committee on Social Services, Children and 2 Families, Assembly Bill Number 1301 and 3 substitute it for the identical Senate Bill 4 Number 1108, Third Reading Calendar 503. 5 On page 27, Senator Trunzo moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 6478 and substitute it 8 for the identical Senate Bill Number 3261, 9 Third Reading Calendar 804. 10 On page 32, Senator Morahan moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 1453A and substitute it 13 for the identical Senate Bill Number 2902A, 14 Third Reading Calendar 909. 15 On page 37, Senator LaValle moves 16 to discharge, from the Committee on 17 Environmental Conservation, Assembly Bill 18 Number 6275 and substitute it for the 19 identical Senate Bill Number 3431, Third 20 Reading Calendar 1000. 21 On page 37, Senator Young moves to 22 discharge, from the Committee on Environmental 23 Conservation, Assembly Bill Number 7542 and 24 substitute it for the identical Senate Bill 25 Number 5141, Third Reading Calendar 1004.

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(518) 371-8910 1 On page 38, Senator Winner moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 7112A and substitute it 4 for the identical Senate Bill Number 4170A, 5 Third Reading Calendar 1027. 6 On page 39, Senator Volker moves to 7 discharge, from the Committee on Codes, 8 Assembly Bill Number 7328 and substitute it 9 for the identical Senate Bill Number 4320, 10 Third Reading Calendar 1046. 11 On page 46, Senator O. Johnson 12 moves to discharge, from the Committee on 13 Environmental Conservation, Assembly Bill 14 Number 8210 and substitute it for the 15 identical Senate Bill Number 5832, Third 16 Reading Calendar 1208. 17 On page 46, Senator O. Johnson 18 moves to discharge, from the Committee on 19 Environmental Conservation, Assembly Bill 20 Number 8203 and substitute it for the 21 identical Senate Bill Number 5833, Third 22 Reading Calendar 1209. 23 On page 46, Senator O. Johnson 24 moves to discharge, from the Committee on 25 Environmental Conservation, Assembly Bill

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(518) 371-8910 1 Number 8205 and substitute it for the 2 identical Senate Bill Number 5834, Third 3 Reading Calendar 1210. 4 On page 46, Senator O. Johnson 5 moves to discharge, from the Committee on 6 Environmental Conservation, Assembly Bill 7 Number 8207 and substitute it for the 8 identical Senate Bill Number 5835, Third 9 Reading Calendar 1211. 10 On page 51, Senator Padavan moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 7891 and substitute it 13 for the identical Senate Bill Number 5819, 14 Third Reading Calendar 1297. 15 On page 59, Senator L. Krueger 16 moves to discharge, from the Committee on 17 Rules, Assembly Bill Number 8455 and 18 substitute it for the identical Senate Bill 19 Number 5926, Third Reading Calendar 1481. 20 On page 60, Senator Larkin moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 316B and substitute it 23 for the identical Senate Bill Number 4834A, 24 Third Reading Calendar 1520. 25 And on page 62, Senator Saland

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(518) 371-8910 1 moves to discharge, from the Committee on 2 Rules, Assembly Bill Number 723A and 3 substitute it for the identical Senate Bill 4 Number 5933, Third Reading Calendar 1541. 5 ACTING PRESIDENT YOUNG: 6 Substitutions ordered. 7 Senator Skelos. 8 SENATOR SKELOS: Madam President, 9 there will be an immediate meeting of the 10 Rules Committee in the Majority Conference 11 Room. 12 And if the Senate could stand at 13 ease. 14 ACTING PRESIDENT YOUNG: The 15 Senate will stand at ease. 16 (Whereupon, the Senate stood at 17 ease at 11:14 a.m.) 18 (Whereupon, the Senate reconvened 19 at 11:27 a.m.) 20 ACTING PRESIDENT YOUNG: Senator 21 Skelos. 22 SENATOR SKELOS: Madam President, 23 on the order of motions and resolutions, I 24 move that we adopt the Resolution Calendar at 25 this time.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Motions 2 and resolutions. 3 All in favor of adopting the 4 Resolution Calendar signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT YOUNG: Opposed, 7 nay. 8 (No response.) 9 ACTING PRESIDENT YOUNG: The 10 Resolution Calendar is adopted. 11 Senator Skelos. 12 SENATOR SKELOS: Madam President, 13 if we could return to reports of standing 14 committees, there's a report of the Rules 15 Committee at the desk. I ask that it be read 16 at this time. 17 ACTING PRESIDENT YOUNG: Reports 18 of standing committees. 19 The Secretary will read. 20 THE SECRETARY: Senator Bruno, 21 from the Committee on Rules, reports the 22 following bills: 23 Senate Print 335, by Senator 24 Nozzolio, an act to amend the Correction Law; 25 536, by Senator Larkin, an act to

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(518) 371-8910 1 amend the Agriculture and Markets Law; 2 614, by Senator Marcellino, an act 3 to amend the Real Property Tax Law; 4 942A, by Senator LaValle, an act to 5 amend the Tax Law; 6 1222, by Senator C. Kruger, an act 7 to amend the Executive Law; 8 1480, by Senator Larkin, an act to 9 amend the Agriculture and Markets Law; 10 1705, by Senator Robach, an act to 11 amend the Vehicle and Traffic Law; 12 1827, by Senator DeFrancisco, an 13 act to amend the Economic Development Law; 14 1885A, by Senator Maziarz, an act 15 in relation to the initial date of enrollment; 16 1915A, by Senator Alesi, an act to 17 amend the Alcoholic Beverage Control Law; 18 2597, by Senator Alesi, an act to 19 amend the Volunteer Firefighters Benefit Law; 20 2989, by Senator Rath, an act to 21 amend the Tax Law; 22 3666, by Senator Winner, an act to 23 amend the Public Lands Law; 24 4253, by Senator Volker, an act to 25 amend the General Municipal Law;

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(518) 371-8910 1 4270, by Senator Golden, an act to 2 amend the Penal Law; 3 4397, by Senator Flanagan, an act 4 to amend the Executive Law; 5 4511, by Senator Wright, an act to 6 amend the General Municipal Law; 7 4557, by Senator Golden, an act to 8 amend the Social Services Law; 9 4811, by Senator Nozzolio, an act 10 to amend the General Municipal Law; 11 4950, by Senator Winner, an act to 12 amend the Tax Law; 13 5144, by Senator Wright, an act to 14 amend the Highway Law; 15 5299, by Senator Bonacic, an act to 16 amend the Penal Law; 17 5729, by Senator Golden, an act to 18 amend the Penal Law; 19 5736A, by the Senate Committee on 20 Rules, an act to amend the Tax Law; 21 5826A, by Senator Wright, an act to 22 amend the Economic Development Law; 23 5851, by the Senate Committee on 24 Rules, an act to amend the Tax Law; 25 5918, by Senator Wright, an act to

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(518) 371-8910 1 amend the Judiciary Law; 2 5978, by Senator Libous, an act to 3 amend Chapter 656 of the Laws of 2002; 4 And Senate Print 6007, by Senator 5 Maltese, an act to amend the Labor Law. 6 All bills ordered direct to third 7 reading. 8 ACTING PRESIDENT YOUNG: Senator 9 Skelos. 10 SENATOR SKELOS: Madam President, 11 move to accept the report of the Rules 12 Committee. 13 ACTING PRESIDENT YOUNG: All in 14 favor signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT YOUNG: Opposed, 17 nay. 18 (No response.) 19 ACTING PRESIDENT YOUNG: The 20 Rules report is accepted. 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 if we could go to the noncontroversial reading 24 of the calendar. 25 ACTING PRESIDENT YOUNG: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 48, by Senator DeFrancisco, Senate Print 1264, 4 an act to amend the Real Property Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 53. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 74, by Senator Robach, Senate Print 1594, an 17 act to amend the Civil Service Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 175, by Senator Padavan, Senate Print 2414, an 5 act to amend the Administrative Code of the 6 City of New York. 7 ACTING PRESIDENT YOUNG: There is 8 a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 53. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 278, by Senator Winner, Senate Print 1714, an 20 act to amend the Tax Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 53. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 314, by Senator Padavan, Senate Print 3315, an 8 act to amend the Civil Service Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 53. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 473, by Senator Farley -- 21 SENATOR DUANE: Lay it aside, 22 please. 23 ACTING PRESIDENT YOUNG: The bill 24 is laid aside. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 503, substituted earlier today by Member of 2 the Assembly Aubertine, Assembly Print Number 3 1301, an act to amend the Social Services Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 53. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 563, by Senator Lanza, Senate Print 4239, an 16 act to amend the Civil Service Law. 17 ACTING PRESIDENT YOUNG: There is 18 a home-rule message at the desk. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 692, by Senator Leibell, Senate Print 4565, an 5 act to amend the Labor Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT YOUNG: Senator 14 Leibell, to explain his vote. 15 SENATOR LEIBELL: Yes, Madam 16 President, to explain my vote for a moment. 17 We have had a continuing problem in 18 this state and in this country with identity 19 theft. It's reached a crisis proportion. 20 Right now there are many of my constituents 21 who have been victims of this. 22 This legislation will amend the 23 Labor Law, and it is an attempt to prohibit 24 employers from using an employee's Social 25 Security number for purposes of identifying

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(518) 371-8910 1 that employee. This would include a 2 prohibition against printing of the employee's 3 Social Security number on any form of employee 4 identification card. 5 I would also note that this has 6 become a major issue in the homeland security 7 area, as terrorists have become one of the 8 largest organized perpetrators of identity 9 theft, and they're seeking to finance their 10 operations through identity theft. It's 11 become a crisis in this state. 12 So I'm very pleased that this 13 legislation is passing the house today and 14 will look forward to the same sort of support 15 in the Assembly. 16 Thank you. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Leibell. You will be recorded in 19 the affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 53. Nays, 22 0. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 756, by Senator Winner, Senate Print 4238, an 2 act to amend the Alcoholic Beverage Control 3 Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 6. This 7 act shall take effect on the first day of the 8 month that begins at least 90 days after the 9 date on which it shall have become law. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 53. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 804, substituted earlier today by Member of 18 the Assembly Fields, Assembly Print Number 19 6478, an act to amend the Real Property Tax 20 Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 54. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 839, by Senator Griffo -- 8 SENATOR DUANE: Lay it aside, 9 please. 10 ACTING PRESIDENT YOUNG: The 11 resolution is laid aside. 12 THE SECRETARY: Calendar Number 13 853, by Senator Little, Senate Print 1121, an 14 act to amend the State Finance Law and the 15 Environmental Conservation Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT YOUNG: Senator 24 Oppenheimer. 25 SENATOR OPPENHEIMER: Sorry.

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(518) 371-8910 1 Thank you, Madam President. I was questioning 2 what bill we were on. 3 ACTING PRESIDENT YOUNG: We're on 4 853, by Senator Little. 5 SENATOR OPPENHEIMER: Thank you. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 853 are 8 Senators L. Krueger and Oppenheimer. Ayes, 9 53. Nays, 2. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 859, by Senator Farley, Senate Print 1562, an 14 act to amend the Public Health Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 55. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 860, by Senator Seward, Senate Print 3027, an 2 act to amend the Public Health Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 55. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 909, substituted earlier today by Member of 15 the Assembly Englebright, Assembly Print 16 Number 1453A, an act to amend the Mental 17 Hygiene Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect April 1, 2008. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 970, by Senator Golden, Senate Print 206, an 5 act to amend the State Finance Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1000, substituted earlier today by Member of 18 the Assembly Alessi, Assembly Print Number 19 6275, an act to authorize the Commissioner of 20 Environmental Conservation. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1004, substituted earlier today by Member of 8 the Assembly Parment, Assembly Print Number 9 7542, an act to amend the Environmental 10 Conservation Law. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1027, substituted earlier today by Member of 23 the Assembly Baccalles, Assembly Print Number 24 7112A, an act to amend the Tax Law. 25 ACTING PRESIDENT YOUNG: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 56. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1032, by Senator Farley, Senate Print 4408, an 12 act to amend the Tax Law. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1046, substituted earlier today by Member of 25 the Assembly Weinstein, Assembly Print Number

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(518) 371-8910 1 7328, an act to amend the Civil Practice Law 2 and Rules. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 6. This 6 act shall take effect on the first of January 7 next succeeding. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1065, by Senator Skelos, Senate Print 4383B, 16 an act to amend the Penal Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1072, by Senator Fuschillo, Senate Print 1543, 4 an act to amend the Education Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1079, by Senator Nozzolio, Senate Print 5000, 17 an act in relation to legalizing certain acts. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1082, by Senator Farley, Senate Print 5761, an 5 act to legalize, validate, ratify and confirm 6 certain actions taken. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1128, by Senator DeFrancisco, Senate Print 19 4116, an act to amend the General Municipal 20 Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1195, by Senator Robach, Senate Print 2984, an 8 act to amend the General Municipal Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 55. Nays, 17 2. Senators Duane and Padavan recorded in the 18 negative. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1208, substituted earlier today by Member of 23 the Assembly Titone, Assembly Print Number 24 8210, an act to amend the Environmental 25 Conservation Law.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. Nays, 9 1. Senator LaValle recorded in the negative. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1209, substituted earlier today by Member of 14 the Assembly Schimel, Assembly Print Number 15 8203, an act to amend the Environmental 16 Conservation Law. 17 ACTING PRESIDENT YOUNG: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. Nays, 25 2. Senators Duane and LaValle recorded in the

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(518) 371-8910 1 negative. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1210, substituted earlier today by Member of 6 the Assembly N. Rivera, Assembly Print Number 7 8205, an act to amend the Environmental 8 Conservation Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 55. Nays, 17 2. Senators Duane and LaValle recorded in the 18 negative. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1211, substituted earlier today by Member of 23 the Assembly Fields, Assembly Print Number 24 8207, an act to amend the Environmental 25 Conservation Law.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. Nays, 9 2. Senators Duane and LaValle recorded in the 10 negative. 11 ACTING PRESIDENT YOUNG: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1263, by Senator Seward, Senate Print 5138, an 15 act to amend the Insurance Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1264, by Senator Seward, Senate Print 5431A, 3 an act to amend the Insurance Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 8. This 7 act shall take effect immediately. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1297, substituted earlier today by Member of 16 the Assembly Brennan, Assembly Print Number 17 7891, an act to amend Chapter 139 of the Laws 18 of 2005. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1346, by Senator Nozzolio, Senate Print 333A, 6 an act to amend the Correction Law. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 7. This 10 act shall take effect 18 months after it shall 11 have become law. 12 ACTING PRESIDENT YOUNG: Senator 13 Nozzolio. 14 SENATOR NOZZOLIO: Madam 15 President, to explain my vote. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Senator 20 Nozzolio, to explain your vote. 21 SENATOR NOZZOLIO: Thank you, 22 Madam President. 23 My colleagues, the action that we 24 are taking today in the enactment in this 25 legislation, this very important legislation

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(518) 371-8910 1 relating to the confinement and treatment of 2 convicted individuals incarcerated in our 3 New York State system that are mentally ill, 4 that this provides the creation for the first 5 time of psychiatric correctional action within 6 our facilities. 7 It will make our prison facilities 8 in this state safer and more humane. That's 9 why the measure is supported by virtually 10 every major newspaper editorial page across 11 this state. That's why it's supported by the 12 advocates for the mentally ill. And that's 13 why we need to support this measure. 14 We argue about correctional issues 15 frequently in this chamber, but there is no 16 argument that we should be doing all we can to 17 make our jails safer places, safer places for 18 those incarcerated and safer places for those 19 brave men and women who lay their lives on the 20 line each and every day to work in those 21 correctional systems, work in those prisons, 22 do the job day in and day out in our jails. 23 Those are the correction officers of this 24 state, those are the dedicated correctional 25 personnel who teach there, who are involved

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(518) 371-8910 1 there. And that that's why this measure makes 2 all the sense in the world. 3 That we believe it's landmark 4 legislation, and that it's very pleasing to 5 see it has so much support in this chamber, 6 because it's necessary to make our jails 7 safer, to make our jails more humane. 8 Thank you, Madam President. I vote 9 aye. 10 ACTING PRESIDENT YOUNG: Thank 11 you, Senator Nozzolio. You will be recorded 12 in the affirmative. 13 Senator Duane, to explain his vote. 14 SENATOR DUANE: Thank you, Madam 15 President. 16 I first and foremost want to 17 compliment Senator Nozzolio on this really 18 terrific piece of legislation. And anyone who 19 has walked down a corridor of a SHU would know 20 immediately that this legislation is very much 21 needed. 22 First and foremost, of course, is 23 the safety of the correction officers and the 24 staff and administration of our correctional 25 facilities. And this legislation I believe

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(518) 371-8910 1 augments their safety in those correctional 2 facilities. 3 In addition, if we want our 4 correctional facilities to be humane places, 5 then this legislation will be enormously 6 helpful towards achieving that goal. 7 And I also would encourage my 8 colleagues to vote in the affirmative on this 9 legislation. It's much needed. It will make 10 New York State, I think, a leader on this 11 issue of mentally ill incarcerated people, and 12 also on safety and better-managed, well-run 13 correctional facilities. 14 I will be voting in the 15 affirmative, Madam President. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Duane. You will be recorded in 18 the affirmative. 19 Senator Montgomery. 20 SENATOR MONTGOMERY: Yes, Madam 21 President, I rise to thank Senator Nozzolio 22 for this legislation. 23 And it's really very, very 24 refreshing to hear and to see and to know that 25 he is really, really putting forth an

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(518) 371-8910 1 extremely important and, as he said in his own 2 words, humane approach to how we treat people 3 who are incarcerated. 4 And I note that this legislation 5 calls for the assessment of people who are 6 mentally ill, and it speeds up the process, 7 provides oversight by the Commission on 8 Quality of Care, and really provides for 9 treatment which is very much more appropriate 10 for inmates who are severely mentally ill and 11 who act accordingly. Now they will be treated 12 rather than held in inhumane circumstances 13 until they are released back into society. 14 So I thank you, Senator Nozzolio. 15 And thank you, Madam President. I'll be 16 voting yes on this legislation. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Montgomery. You will be recorded 19 in the affirmative. 20 Senator Little, to explain her 21 vote. 22 SENATOR LITTLE: Thank you, Madam 23 President. 24 I'd like to congratulate Senator 25 Nozzolio for putting forth this bill once

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(518) 371-8910 1 again. This is very, very important. 2 I have a number of facilities in my 3 district. And the Friday before Christmas, I 4 visited Great Meadow facility, which is 5 located in Washington County. And they have a 6 special mental health housing unit where 62 7 inmates who had been in special housing units 8 have been taken out of those housing units 9 because they were suffering from mental 10 illness and are being treated in this prison, 11 in Great Meadow prison. 12 I also had the opportunity to spend 13 some time talking to the psychologist -- I'm 14 not sure if she was a psychologist or 15 psychiatrist, but the doctor who is in charge 16 of this unit. And we talked a lot about the 17 treatment of these patients and how better it 18 was not only for the patient but for the 19 people taking care of them, the inmate and the 20 correction officer as well, because they were 21 being treated for their mental illness and 22 they were being treated as if they had a 23 mental illness rather than the fact that they 24 were just disruptive within the facility. 25 So it takes a little more space, it

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(518) 371-8910 1 takes a few more correction officers, but the 2 correction officers there were working with 3 these inmates and understood and had been 4 trained to deal with them. So this is a very 5 important, humane piece of legislation. 6 It is currently being done within 7 our prison system, within the system that we 8 already have, so I don't believe that the 9 expense that is being talked about in having 10 all new facilities is really accurate. I 11 think that it can be done within the 12 facilities through some additions, some extra 13 space, and certainly with the caliber of the 14 correction officers that we have and more 15 mental health counselors and treatment for our 16 facilities. 17 So I vote aye and I really 18 encourage everyone to. I think that we are 19 doing something that's very humane by passing 20 this bill. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator Little. You will be recorded in 23 the affirmative. 24 Senator Schneiderman. 25 SENATOR SCHNEIDERMAN: Thank you,

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(518) 371-8910 1 Madam President. Briefly on the bill. 2 I would like to compliment the 3 sponsor. And I'd also like to note that the 4 most active person in this chamber since I've 5 been here on calling attention to the problems 6 of the SHU and visiting them frequently is 7 Senator Duane, who was for a long time our 8 ranking member on the Corrections and Crime 9 Victims Committee. 10 This is a victory for humane 11 practices. We still have our work cut out for 12 us regarding the treatment of mentally ill 13 prisoners. I hope this is something that we 14 can move forward on. I realize there is a 15 concern about the cost. I realize there is a 16 concern about how they deal with people who 17 have serious behavior problems, not 18 necessarily of their own volition. 19 But this is a victory for humane 20 and intelligent correctional policies. And I 21 know that in fact Senator Duane has been so 22 active on this issue that I gather there are 23 people who are incarcerated in these 24 facilities who actually know him by name when 25 he visits.

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(518) 371-8910 1 So kudos to all who have brought 2 this about and brought this to our attention. 3 I hope that we will move ahead and actually 4 deal with this issue in a more fundamental way 5 between now and the end of the session. 6 Thank you, Madam President. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Schneiderman. You will be 9 recorded as a yes. 10 Announce the results. 11 THE SECRETARY: Ayes, 59. Nays, 12 0. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1354, by Senator Volker, Senate Print 4556, an 17 act to amend the Executive Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1379, by Senator Robach, Senate Print 5779, an 5 act to amend the Civil Service Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1392, by Senator Maltese, Senate Print 5382, 18 an act to amend the Administrative Code of the 19 City of New York. 20 ACTING PRESIDENT YOUNG: There is 21 a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1412, by Senator Griffo, Senate Print -- 8 SENATOR DUANE: Lay it aside, 9 please. 10 ACTING PRESIDENT YOUNG: The bill 11 is laid aside. 12 THE SECRETARY: Calendar Number 13 1435, by Senator Robach, Senate Print -- 14 SENATOR SKELOS: Lay it aside for 15 the day, please. 16 ACTING PRESIDENT YOUNG: The bill 17 is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 1450, by Senator O. Johnson, Senate Print 921, 20 an act to amend the Tax Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect September 1, 2008. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. Nays, 4 3. Senators Duane, L. Krueger and Perkins 5 recorded in the negative. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1481, substituted -- 10 SENATOR PADAVAN: Lay it aside. 11 ACTING PRESIDENT YOUNG: The bill 12 is laid aside. 13 THE SECRETARY: Calendar Number 14 1483, by Senator Saland, Senate Print 5958, an 15 act to amend the Highway Law. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT YOUNG: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1490, by Senator Fuschillo, Senate Print 5974, 3 an act to amend the Vehicle and Traffic Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1519, by Senator Nozzolio, Senate Print 4806, 17 an act to amend the Penal Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1519 are 3 Senators Duane, Montgomery, Perkins and 4 Schneiderman. 5 Ayes, 55. Nays, 4. 6 ACTING PRESIDENT YOUNG: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1520, substituted earlier today by Member of 10 the Assembly Magnarelli, Assembly Print Number 11 316B, an act to amend the Correction Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Senator 20 Stewart-Cousins. 21 SENATOR STEWART-COUSINS: Thank 22 you, Madam President. 23 I first wanted to just commend 24 Senator Larkin for bringing, once again, 25 attention to abusive head trauma, otherwise

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(518) 371-8910 1 known as shaken baby syndrome. 2 Certainly the Senate has done 3 things to educate the population on this 4 tragedy. And nothing, I think, compels me to 5 speak more than the tragic death of Cynthia 6 Gibbs, who in Yonkers in November of 2000 was 7 shaken by her certified baby sitter and died 8 due to head trauma. 9 Three thousand children a year are 10 subjected to being shaken and actually lose 11 their lives. It causes untold damage, untold 12 pain to the families. And the years that 13 children survive with this abusive head trauma 14 cause them difficulties in school, et cetera. 15 So I again wanted to congratulate 16 Senator Larkin and let you know that Darryl 17 Gibbs, the father of Cynthia Gibbs, who is a 18 constituent of mine, has really led a 19 tremendous effort in educating people. 20 Because education works -- not just for 21 inmates, but for everyone. And he's also 22 moving it on a federal level so that people 23 will be told: Don't shake your babies, your 24 babies' brains are delicate. 25 So again I commend Senator Larkin,

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(518) 371-8910 1 the Senate, and hopefully on a federal level 2 we will educate people not just in prison, not 3 just in hospital, but everywhere that babies 4 are delicate and should not be shaken. I'll 5 certainly be voting for it. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Stewart-Cousins. You will be 8 recorded as a yes. 9 Announce the results. 10 THE SECRETARY: Ayes, 59. Nays, 11 0. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1521, by the Senate Committee on Rules, Senate 16 Print Number 4862, an act to amend the Tax 17 Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1522, by Senator Seward, Senate Print 4909, an 5 act to amend the Criminal Procedure Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1523, by Senator Winner, Senate Print 4949, an 18 act to amend the Tax Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1524, by Senator Alesi, Senate Print 5009, an 6 act to amend the Real Property Tax Law. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1525, by Senator Fuschillo, Senate Print 5049, 19 an act to amend the Criminal Procedure Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect immediately. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1526, by Senator Bonacic, Senate Print 5298, 7 an act authorizing the Sullivan County 8 legislature. 9 ACTING PRESIDENT YOUNG: There is 10 a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of January 14 next succeeding. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. Nays, 19 1. Senator Duane recorded in the negative. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1527, by Senator Wright, Senate Print 5389, an 24 act to amend the Tax Law. 25 ACTING PRESIDENT YOUNG: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1528, by Senator Marcellino, Senate Print 12 5451, an act to amend the Tax Law. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 6. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1530, by Senator LaValle, Senate Print 5526, 25 an act to amend the Social Services Law and

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(518) 371-8910 1 the Correction Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1531, by Senator Skelos, Senate Print 5552A, 14 an act to amend the Tax Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 10. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. Nays, 23 3. Senators Duane, L. Krueger and Perkins 24 recorded in the negative. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1532, by Senator Flanagan, Senate Print 5627A, 4 an act granting retroactive Tier 1 membership. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1533, by Senator Maziarz, Senate Print -- 17 SENATOR DUANE: Lay it aside, 18 please. 19 ACTING PRESIDENT YOUNG: The bill 20 is laid aside. 21 THE SECRETARY: Calendar Number 22 1535, by Senator Golden, Senate Print 5728, an 23 act to amend the Penal Law and the Vehicle and 24 Traffic Law. 25 ACTING PRESIDENT YOUNG: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT YOUNG: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1536, by Senator Golden, Senate Print 5766A, 12 an act to amend the Real Property Tax Law. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1538, by Senator Rath, Senate Print 5860, an 25 act to amend the Domestic Relations Law and

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(518) 371-8910 1 the Military Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1539, by Senator O. Johnson, Senate Print 14 5907, an act to amend the Tax Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1540, by Senator Libous, Senate Print 5909, an 2 act to amend the Tax Law. 3 ACTING PRESIDENT YOUNG: There is 4 a local fiscal impact note at the desk. 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1541, substituted earlier today by Member of 16 the Assembly DelMonte, Assembly Print Number 17 723A, an act to amend the General Business Law 18 and the Executive Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1542, by Senator Skelos, Senate Print 5970, an 6 act to amend Chapter 138 of the Laws of 1998. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1543, by Senator Little, Senate Print 5989, an 19 act to amend the Tax Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1545, by the Senate Committee on Rules, Senate 7 Print Number 6013, an act to amend the Tax 8 Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 Senator Skelos. 20 SENATOR SKELOS: Thank you, Madam 21 President. If we could go to Senate 22 Supplemental Calendar Number 57A, 23 noncontroversial. 24 ACTING PRESIDENT YOUNG: We will 25 go to Senate Supplemental Calendar Number 57A.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1546, by Senator Nozzolio, Senate Print 335, 4 an act to amend the Correction Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 60th day. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1547, by Senator Larkin, Senate Print 536, an 17 act to amend the Agriculture and Markets Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 12. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57. Nays,

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(518) 371-8910 1 2. Senators Duane and Padavan recorded in the 2 negative. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1548, by Senator Marcellino, Senate Print 614, 7 an act to amend the Real Property Tax Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT YOUNG: Senator 16 Marcellino, to explain his vote. 17 SENATOR MARCELLINO: Thank you, 18 Madam President. I rise to explain my vote on 19 this bill. 20 Many school districts and 21 municipalities operate on a very tight margin 22 with the taxes that they collect, especially 23 on the business community. And sometimes 24 businesses are enticed in and given tax breaks 25 to do that, to come into the communities.

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(518) 371-8910 1 Some of these businesses decide to 2 change their assessments and do an appeal 3 process. And if they are successful, it takes 4 money away from the municipalities in which 5 they exist. In other words, it breaks the 6 deal that was made before. 7 The businesses are within their 8 rights; we're not suggesting they're not. All 9 we're suggesting by this bill is that they 10 give prior notice, is that they let the 11 municipalities and the school districts know 12 their intention so that the municipalities and 13 the districts can plan appropriately when they 14 go through their budget process. 15 I think this is simply a fairness 16 situation. And I am very pleased that this 17 bill will pass and hopefully it will pass the 18 other house, because I believe it's a 19 no-brainer. 20 Thank you, Madam President. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator Marcellino. You will be recorded 23 in the affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 59. Nays,

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(518) 371-8910 1 0. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1549, by Senator LaValle, Senate Print 942A, 6 an act to amend the Tax Law. 7 ACTING PRESIDENT YOUNG: There is 8 a local fiscal impact note at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect September 1. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT YOUNG: Senator 16 Krueger. 17 SENATOR LIZ KRUEGER: Thank you, 18 Madam President. To explain my vote. 19 While I understand the idea behind 20 this bill, I find myself voting no because it 21 simply defines that any business associated 22 with an incubator project could have a 23 sales-tax exemption on any equipment above 24 $500. 25 Now, the text of the memo describes

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(518) 371-8910 1 trying to help small- and medium-sized 2 businesses. But in fact there's nothing that 3 says the largest corporation in the state of 4 New York couldn't associate itself with an 5 incubator in order to be exempt from sales tax 6 on their purchases. 7 And so I think that this bill would 8 open us up to potentially shifting the way 9 corporations structure themselves and their 10 locations in order to avoid taxes to the State 11 of New York. And so I'll be voting no. 12 Thank you, Madam President. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Krueger. You will be recorded in 15 the negative. 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1549 are 19 Senators Duane, Hassell-Thompson, L. Krueger 20 and Perkins. 21 Ayes, 55. Nays, 4. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1550, by Senator C. Kruger, Senate Print 1222,

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(518) 371-8910 1 an act to amend the Executive Law. 2 ACTING PRESIDENT YOUNG: Read the 3 last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1551, by Senator Larkin, Senate Print 1480, an 14 act to amend the Agriculture and Markets Law. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 10. This 18 act shall take effect on the 180th day. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1552, by Senator Robach, Senate Print 1705 -- 2 SENATOR LIBOUS: Lay it aside for 3 the day, please. 4 ACTING PRESIDENT YOUNG: The bill 5 is laid aside for the day. 6 THE SECRETARY: In relation to 7 Calendar Number 1553, Senator DeFrancisco 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 1921 and 10 substitute it for the identical Senate Bill 11 Number 1827, Third Reading Calendar 1553. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Calendar Number 15 1553, by Member of the Assembly Weprin, 16 Assembly Print Number 1921, an act to amend 17 the Economic Development Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the first day of 22 January next succeeding. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1554, by Senator Maziarz, Senate Print 1885A, 6 an act in relation to the initial date of 7 enrollment. 8 ACTING PRESIDENT YOUNG: A 9 home-rule message is at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1556, by Senator Alesi, Senate Print 2597, an 21 act to amend the Volunteer Firefighters 22 Benefit Law and the Volunteer Ambulance 23 Workers Benefit Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1557, by Senator Rath, Senate Print 2989, an 11 act to amend the Tax Law. 12 ACTING PRESIDENT YOUNG: There is 13 a local fiscal impact note at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT YOUNG: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1558, by Senator Winner, Senate Print 3666, an 25 act to amend the Public Lands Law.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1559, by Senator Volker, Senate Print 4253, an 13 act to amend the General Municipal Law. 14 ACTING PRESIDENT YOUNG: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT YOUNG: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. Nays, 22 1. Senator Duane recorded in the negative. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1560, by Senator Golden, Senate Print 4270, an 2 act to amend the Penal Law. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1560 are 12 Senators Duane, Montgomery and Perkins. Also 13 Senator Hassell-Thompson. 14 Ayes, 55. Nays, 4. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1561, by Senator Flanagan, Senate Print 4397, 19 an act to amend the Executive Law. 20 ACTING PRESIDENT YOUNG: Read the 21 last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1562, by Senator Wright, Senate Print 4511, an 7 act to amend the General Municipal Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 1563, Senator Golden moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 7949A and substitute it 22 for the identical Senate Bill Number 4557, 23 Third Reading Calendar 1563. 24 ACTING PRESIDENT YOUNG: 25 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1563, by Member of the Assembly Wright, 4 Assembly Print Number 7949A, an act to amend 5 the Social Services Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect December 31, 2007. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1565, by Senator Nozzolio, Senate Print 4811, 18 an act to amend the General Municipal Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT YOUNG: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1566, by Senator Winner, Senate Print 4950, an 7 act to amend the Tax Law. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1567, by Senator Wright, Senate Print 5144, an 20 act to amend the Highway Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1568, by Senator Bonacic, Senate Print 5299, 8 an act to amend the Penal Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1569, by Senator Golden -- 22 SENATOR DUANE: Lay it aside, 23 please. 24 ACTING PRESIDENT YOUNG: The bill 25 is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1570, by the Senate Committee on Rules, Senate 3 Print Number 5736A, an act to amend the Tax 4 Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1571, by Senator Wright, Senate Print 5826A, 17 an act to amend the Economic Development Law. 18 ACTING PRESIDENT YOUNG: Read the 19 last section. 20 THE SECRETARY: Section 7. This 21 act shall take effect immediately. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1572, by the Senate Committee on Rules, Senate 5 Print Number 5851, an act to amend the Tax 6 Law. 7 ACTING PRESIDENT YOUNG: There is 8 a local fiscal impact note at the desk. 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1573, by Senator Wright, Senate Print 5918, an 20 act to amend the Judiciary Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 That completes the noncontroversial 7 reading of Supplemental Calendar 57A. 8 Senator Libous. 9 SENATOR LIBOUS: Madam President, 10 could we please go to the controversial 11 reading of the calendar. 12 ACTING PRESIDENT YOUNG: Yes, 13 Senator Libous, we'll go to the controversial 14 reading of the calendar. 15 The Secretary will ring the bell. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 473, by Senator Farley, Senate Print 1297, an 19 act to amend the Public Authorities Law. 20 SENATOR SABINI: Explanation, 21 please. 22 ACTING PRESIDENT YOUNG: Senator 23 Farley, an explanation has been requested. 24 SENATOR FARLEY: Thank you, Madam 25 President.

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(518) 371-8910 1 This bill would authorize the four 2 upstate regional transportation authorities to 3 utilize a line of credit, as does every other 4 business in this state. Currently such 5 authority is explicitly available only to the 6 MTA. 7 You know, this bill passed the 8 Senate unanimously in 2003, 2004, and 2005. 9 In 2006 there were several people that voted 10 against it, with opposition basically from 11 some of the New York City members. 12 It appears voluminous because 13 individually it amends four different sections 14 of the Public Authorities Law, for the Niagara 15 Frontier Authority, the Rochester-Genesee 16 Authority, the Capital District Transportation 17 Authority, and the Central New York Regional 18 Transportation Authority. 19 This new language here conforms 20 these four sections to the language exactly 21 that's in the MTA language. It would enable 22 these upstate transportation authorities to 23 operate more efficiently, and potentially at a 24 lower cost, and create parity with the MTA. 25 Lines of credit actually are

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(518) 371-8910 1 short-term revolving obligations which are 2 primarily used for cash flow. They can be 3 particularly significant in the transit 4 industry, which must deal with daily and 5 seasonal variations in ridership as well as 6 cyclical payments of government subsidies. 7 Although these authorities are able 8 to issue short-term obligations such as 9 revenue anticipation notes, they are 10 relatively complex and inflexible. They go 11 out for months, and you might only need the 12 money for three or four days or a week. They 13 can also be more costly, because they are 14 issued and the interest must be paid for 15 period of months, as I said. 16 The lines of credit are tapped for 17 maybe a week, days or even hours, for that 18 matter. And the interest is paid only on the 19 actual amount of time that they need the 20 money. 21 It's sponsored, multisponsored in 22 the Assembly by a score of Assemblymen. And 23 quite frankly, in my judgment, it's a 24 no-brainer, because I don't see any reason why 25 the upstate authorities should not be able to

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(518) 371-8910 1 utilize a line of credit. 2 ACTING PRESIDENT YOUNG: Thank 3 you for that explanation, Senator Farley. 4 Senator Sabini. 5 SENATOR SABINI: On the bill, 6 Madam President. 7 ACTING PRESIDENT YOUNG: Senator 8 Sabini, on the bill. 9 SENATOR SABINI: Senator Farley 10 is correct when he asserts that this is the 11 same that the MTA has. And it probably 12 shouldn't. Probably shouldn't. 13 The MTA got that authority in the 14 year 2000 when the Legislature put the 15 Transportation Bond Act on the ballot. That 16 bond act failed. But as part of the structure 17 of the bond act, the legislative piece of that 18 bond act allowed the MTA to have that 19 authority, and it probably shouldn't have it. 20 In fact, it may be my intention to address a 21 new piece of legislation next year to take 22 away that authority. 23 Because if we really wanted these 24 authorities to have the ability to take other 25 obligations, we'd define what they are. We

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(518) 371-8910 1 really don't in this legislation. 2 LIPA had that authority and abused 3 it, and the ratepayers paid. We saw what 4 happened in Orange County in the '90s when 5 they had that authority, and their county went 6 belly up. We've seen what happened in 7 authority after authority that have limited 8 oversight over them in how they borrow. 9 So I don't want to discriminate 10 against upstate. I think that we should take 11 that authority away from the MTA too, and it's 12 my intention to draft such legislation. 13 We have just been presented with a 14 with drafts of a bill on congestion pricing 15 that creates another authority, seemingly what 16 we said we didn't want to do, and gives that 17 authority great power over billions of 18 dollars. We've run into a lot of danger 19 creating these authorities. We've run into 20 danger giving authorities very loose power. 21 And while as the ranker on 22 Transportation I want to see a healthy 23 Rochester-Genesee Transit Authority, Niagara 24 Frontier Transit Authority and Capital 25 District Authority and the Central New York

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(518) 371-8910 1 Authority, I also want to make sure that 2 they're acting in the best interests of the 3 taxpayers of the State of New York. 4 And that is why I've opposed this 5 bill since I've been the ranker on 6 Transportation and will continue to oppose it, 7 because I think it's really in the spirit of 8 what our Governor is trying to do with 9 authority reform and rein in some of the power 10 they have to go into markets without any 11 scrutiny, without any supervision, and in 12 effect play roulette with the taxpayers' 13 money. 14 I'm going to be voting no, Madam 15 President. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Sabini. 18 Senator Farley. 19 SENATOR FARLEY: Thank you, 20 Senator Sabini, for your comment. Much of 21 what you say is so accurate. 22 But let me just say that some of 23 the concern that you express are involved with 24 investments. The Orange County situation in 25 California, for those of you that might

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(518) 371-8910 1 remember, they were investing in terrible 2 things. This is only going out and borrowing 3 for a few days or allowing them to have a line 4 of credit for cash-flow situations. 5 Your concern is well taken that 6 authorities must be monitored. And you know, 7 let me -- I don't see him here in the room, 8 but Senator Leibell last year passed some 9 authority reform that was the first thing 10 that's been done in here maybe in 50 years. 11 And I thought it was very, very significant, 12 because needless to say it's been very hard to 13 oversight authorities. 14 But by and large, this bill does 15 not do anything except to get these upstate 16 transition authorities to be able to operate a 17 little bit more efficiently and not to have to 18 issue bonds or long-term notes when they need 19 money for a few days. Basically that's all 20 it's trying to do. 21 Thank you, Madam President. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Farley. 24 Any other Senator wishing to be 25 heard?

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(518) 371-8910 1 Debate is closed. 2 The Secretary will ring the bell. 3 Read the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect immediately. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT YOUNG: Announce 10 the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 473 are 13 Senators Duane, Hassell-Thompson, Huntley, 14 L. Krueger, Montgomery, Perkins, Sabini, 15 Schneiderman, Serrano, Stavisky and 16 Stewart-Cousins. Also Senator Onorato. 17 Those Senators absent from voting: 18 Senator C. Kruger. 19 Ayes, 46. Nays, 12. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 839, by Senator Griffo, Senate Print 4736, 24 Concurrent Resolution of the Senate and 25 Assembly proposing an amendment to Section 1

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(518) 371-8910 1 of Article 4 of the Constitution. 2 ACTING PRESIDENT YOUNG: Any 3 Senator wishing to be heard on the resolution? 4 SENATOR CRAIG JOHNSON: 5 Explanation, please, Madam President. 6 ACTING PRESIDENT YOUNG: Senator 7 Griffo, an explanation has been requested. 8 SENATOR GRIFFO: Thank you, Madam 9 President. 10 Since the beginning of session this 11 year, and particularly over the last couple of 12 days, we have discussed many reforms to our 13 government, many different concepts that have 14 been advanced. And in conversation with many 15 citizens as well as many interested groups 16 across this state, I believe that it is 17 imperative that we as members of this body 18 continue to do our best to represent the will 19 of the people and to reflect the mood of the 20 people. 21 This bill would offer the people of 22 this great state a guaranteed mechanism to 23 keep leadership fresh and the exchange of 24 ideas innovative. It is an opportunity for us 25 to truly show that we are serious about

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(518) 371-8910 1 significant reform in this state. 2 There are some 36 other states 3 across this country who now have a similar 4 provision in place. This particular bill 5 basically reflects the 22nd Amendment. It is 6 a model that has worked nationally. 7 And this will be an opportunity 8 also, through the constitutional amendment 9 process, to allow the people of this state to 10 have the final say. Even though this 11 Legislature, through its action, would have 12 the opportunity to lead, we also recognize 13 that in the end the people of this state will 14 be given the opportunity to make the final 15 decision. 16 This has a wide range of support 17 from a number of print media, various good 18 government groups. And in fact the Governor 19 himself has advocated for this concept last 20 fall during the campaign. 21 SENATOR CRAIG JOHNSON: 22 Explanation satisfactory, Madam President. 23 ACTING PRESIDENT YOUNG: Thank 24 you, Senator Griffo. 25 Any Senator wishing to be heard?

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(518) 371-8910 1 The debate is closed. The 2 Secretary will ring the bell. 3 On the resolution, the Secretary 4 will call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Senator 7 L. Krueger, to explain her vote. 8 SENATOR LIZ KRUEGER: Thank you, 9 Madam President. 10 It seems to me this one is simple. 11 Democracy means people get to go to the voting 12 booth and vote people into office or out of 13 office. I don't support term limits for 14 elections. 15 I respect the concerns of the 16 sponsor of making sure there are even playing 17 fields and new opportunities. I hope that 18 this house might pass a public financing 19 campaign finance law very, very soon, even 20 before we leave this year. I think it 21 addresses many of the concerns that the 22 sponsor has and that I share. 23 But the right way to deal with the 24 democratic process and equity is through 25 campaign finance and public financing. Allow

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(518) 371-8910 1 voters to decide who they vote for or against 2 in the voting booth. I vote no. 3 Thank you, Madam President. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator Krueger. You will be recorded in 6 the negative. 7 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 839 are 10 Senators Adams, Breslin, Connor, Diaz, Dilan, 11 Duane, Hassell-Thompson, Huntley, C. Johnson, 12 L. Krueger, Montgomery, Onorato, Oppenheimer, 13 Perkins, Sabini, Sampson, Schneiderman, 14 Serrano, Smith, Stachowski, Stewart-Cousins 15 and Thompson. 16 Absent from voting: Senator C. 17 Kruger. 18 Ayes, 36. Nays, 22. 19 ACTING PRESIDENT YOUNG: The 20 resolution is passed. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1412, by Senator Griffo, Senate Print 4737, an 24 act to amend the Legislative Law. 25 ACTING PRESIDENT YOUNG: Read the

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(518) 371-8910 1 last section. 2 SENATOR DUANE: Explanation, 3 please. 4 ACTING PRESIDENT YOUNG: Senator 5 Griffo, an explanation has been requested. 6 SENATOR GRIFFO: Thank you, Madam 7 President. 8 The old Chinese proverb is: The 9 journey of a thousand miles begins with the 10 first step. We just took the first step, so 11 hopefully we can continue down that road. 12 And I think that this now offers us 13 another unique opportunity, because we have 14 over 11 million registered voters in the state 15 of New York. And the House of Representatives 16 has already taken some initiative in this 17 effort by limiting terms of chairs of 18 committees. 19 Again, this gives, I think, an 20 opportunity to strike a reasonable compromise 21 between the desire voters may have to return 22 incumbents to office who sit in the two houses 23 and the need for occasional fresh insight, 24 direction and energy in the leadership of our 25 respective organizations.

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(518) 371-8910 1 So I hope today that what we can 2 see here is an opportunity to have us make 3 significant change, but to do it in a 4 wholesale way too, so that this bill would 5 work in tandem with what we were just were 6 able to pass here. So that there's linkage 7 here so that the constitutional amendment 8 proceeds. 9 And while we have had some 10 discussion with members in the Assembly and 11 there have been a number of members of the 12 Assembly who have introduced various types of 13 bills that may be similar but not specific to 14 this particular proposal that is before us 15 today, I as a newcomer tend to believe that we 16 can do things and despite some reluctance, 17 maybe, in the Assembly and the failure to act, 18 the approach that was taken in this bill was 19 not to be heavy-handed, but to try to 20 encourage them. 21 Because it is not to disparage any 22 existing leadership, it's only to encourage 23 that more people continue to be involved, that 24 we continue to have new opportunities and 25 availabilities in leadership so that we can

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(518) 371-8910 1 continue to reinvigorate the bodies. 2 So I think these are positive steps 3 that will lead to more participation, and I am 4 hopeful that my colleagues will see the same. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Griffo, for that explanation. 7 Senator Krueger. 8 SENATOR LIZ KRUEGER: Thank you, 9 Madam President. I believe there's an 10 amendment at the desk. I ask that the 11 amendment's reading be waived, and I'd like to 12 be heard on my amendment. 13 ACTING PRESIDENT YOUNG: The 14 reading is waived, and you may be heard on the 15 amendment. 16 SENATOR LIZ KRUEGER: Thank you, 17 Madam President. 18 Thank you, Senator Griffo. I agree 19 with your bill. My amendment simply takes out 20 Section 2 of your bill, which requires that in 21 order for your bill to go into effect, we'd 22 have to first enact the previous bill, S4736, 23 which is a constitutional amendment and 24 therefore we couldn't possibly act on your 25 primary focus of the bill until 2010 at the

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(518) 371-8910 1 earliest. 2 In my amendment, simply removing 3 that requirement and instead replacing it with 4 this act shall go forth immediately, we could 5 do this immediately. Because I share exactly 6 your position. 7 And in fact, we don't even have to 8 wait for the Assembly. We could do this 9 through the rules of the Senate. And they 10 could go into effect immediately. 11 And in fact my leader, Senator 12 Smith, introduced a resolution to the Rules 13 Committee on April 23rd, currently waiting for 14 someone to get back to us, that would in fact 15 implement your bill as a rule of the New York 16 State Senate immediately. 17 So I think we are in agreement on 18 this. And if you accepted my amendment to 19 your bill, we could accomplish this tomorrow. 20 So I want to thank you for your bill. But I 21 hope, with all due respect, you'll consider my 22 amendment to have this move now and not wait 23 till we change constitutional amendments or we 24 move constitutional amendments that force us 25 to deal with the question of term limits on

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(518) 371-8910 1 elected officials. 2 This is term limits, as you so 3 accurately point out, on leadership here in 4 the Legislature. Let's get this done now. 5 Thank you, Madam President. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Krueger. 8 On the amendment, those Senators in 9 agreement please signify by raising your 10 hands. 11 THE SECRETARY: Those recorded in 12 agreement are Senators Adams, Breslin, Connor, 13 Diaz, Dilan, Duane, Hassell-Thompson, Huntley, 14 C. Johnson, Klein, L. Krueger, Montgomery, 15 Onorato, Oppenheimer, Perkins, Sabini, 16 Sampson, Schneiderman, Serrano, Smith, 17 Stachowski, Stavisky, Stewart-Cousins, 18 Thompson and Valesky. 19 ACTING PRESIDENT YOUNG: The 20 amendment is not agreed to. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect only in the event that 24 the amendments to the Constitution proposed in 25 Concurrent Resolution of the Senate and

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(518) 371-8910 1 Assembly proposing an amendment to Section 1 2 of Article 4 of the Constitution shall apply. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Senator 7 Sabini, why do you rise? 8 SENATOR SABINI: On the bill, I'm 9 going to be voting -- 10 ACTING PRESIDENT YOUNG: To 11 explain your vote? 12 SENATOR SABINI: To explain my 13 vote, yes, I'm sorry. To explain my vote. 14 I'm going to be voting yes. It 15 just struck me with some irony that a couple 16 of weeks ago we experienced a lot of finger 17 pointing at us about how we said one thing and 18 did another. And we voted on a bill, the last 19 bill, which should it have been brought up in 20 2002, I suspect the vote might have been 21 different for term limits for the Governor. 22 We may have avoided four years of not much 23 happening. 24 And now we just defeated an 25 amendment that would have implemented the bill

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(518) 371-8910 1 that we're voting for immediately. So I guess 2 maybe some of the introspection and some of 3 the name calling should be turned on its side 4 and other people should look to see where 5 hypocrisy really lies. Perhaps there is a 6 generous dose to go all around the room. 7 ACTING PRESIDENT YOUNG: Senator 8 Sabini, how do you vote? 9 SENATOR SABINI: I vote aye. 10 ACTING PRESIDENT YOUNG: You will 11 be recorded in the affirmative. 12 SENATOR OPPENHEIMER: Madam 13 President. 14 ACTING PRESIDENT YOUNG: Senator 15 Oppenheimer, to explain your vote. 16 SENATOR OPPENHEIMER: Thank you, 17 Madam President. 18 I just wanted to make a brief 19 comment that it's ironic that we're doing this 20 today, because just yesterday we were 21 extolling the amazing virtues of Senator 22 Warren Anderson. 23 Senator Warren Anderson served for 24 15 years here as leader, and an amazing leader 25 he was. And if we had this bill, he would not

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(518) 371-8910 1 have been our leader for 15 years. 2 ACTING PRESIDENT YOUNG: Senator 3 Oppenheimer, how do you vote? 4 SENATOR OPPENHEIMER: Yes. 5 ACTING PRESIDENT YOUNG: You will 6 be recorded in the affirmative. Thank you. 7 Senator Griffo, to explain your 8 vote. 9 SENATOR GRIFFO: Thank you, Madam 10 President. 11 Again, I think the important aspect 12 here when we talk about when and how is that 13 there's linkage here to both bills that we 14 passed. We're going to be proposing 15 constitutional amendments giving the public an 16 opportunity to express their opinion. If we 17 want to make wholesale changes, we should do 18 that with a strategy so we can continue to 19 educate, inform and show people the progress 20 along the way. 21 This particular bill, I recognize 22 that we need to win support. What good is 23 mouthing change if we can't make change? This 24 gives us an opportunity to try to win that 25 support, and hopefully you will work with me

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(518) 371-8910 1 to convince the Assembly why this is 2 necessary. Because one house alone doesn't 3 make the wholesale change or the necessary 4 change that needs to be implemented in the 5 State Capitol. 6 This bill is all-encompassing and 7 will be more permanent. And that's why the 8 approach was taken, and that's why it will 9 take more time in order to ensure that we 10 build that support to make the essential 11 change that is necessary to make a difference. 12 Thank you, Madam President. I vote 13 aye. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Griffo. You will be recorded as 16 a yes. 17 Senator Valesky, to explain his 18 vote. 19 SENATOR VALESKY: Thank you, 20 Madam President. 21 I rise to support this measure and 22 thank Senator Griffo for bringing this bill to 23 the floor today. 24 Senator Krueger is certainly right, 25 we could do this by changing the rules of the

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(518) 371-8910 1 Senate. But the fact is, to my knowledge, 2 this is the first time we've had this debate 3 on this floor. And I want to acknowledge 4 Senator Griffo's efforts and encourage him to 5 continue forward in this effort. 6 And, Senator, I will continue to 7 work with you as we convince our colleagues, 8 our reform-minded colleagues in the other 9 house to take the right action as well. 10 Thank you very much. I vote in the 11 affirmative. 12 ACTING PRESIDENT YOUNG: Thank 13 you Senator Valesky. You will be recorded in 14 the affirmative. 15 Senator Diaz, to explain his vote. 16 SENATOR DIAZ: Thank you. I have 17 to say that I'm always saying what other 18 people are not saying. And I'm always getting 19 in trouble because I speak what other people 20 don't speak or don't say. 21 And, ladies and gentlemen, I have 22 seen this thing going every time that we 23 minorities have the opportunity to be 24 somewhere, somebody comes and change the game, 25 the rules. And, you know, I'm a black guy

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(518) 371-8910 1 from the Bronx, Puerto Rican. And my dream is 2 to be a chairman of a committee, like you guys 3 over there have been for years and years and 4 years and years. You've been there for 5 50 years, and I just come here now, and I want 6 to be a chairman. I want to have the same 7 benefits, the same power that you still have. 8 Now we're almost two seats 9 together, and I'm trying to get my power and 10 you're going to take it away. And you want to 11 take it away from me? That's not fair, man. 12 Come on. I'm voting no. 13 (Laughter.) 14 ACTING PRESIDENT YOUNG: Senator 15 Diaz, you will be recorded in the negative. 16 Announce the results. 17 THE SECRETARY: In relation to 18 Calendar Number 1412, those recorded in the 19 negative are Senators Diaz and Dilan. 20 Absent from voting: Senator C. 21 Kruger. 22 Ayes, 56. Nays, 2. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1481, substituted earlier by Member of the 2 Assembly Gottfried, Assembly Print Number 3 8455, an act to amend the Alcoholic Beverage 4 Control Law. 5 SENATOR PADAVAN: Explanation, 6 please. 7 ACTING PRESIDENT YOUNG: Senator 8 Krueger, an explanation has been requested. 9 SENATOR LIZ KRUEGER: Thank you. 10 This bill would allow a lounge 11 within a hotel in Times Square to continue to 12 operate. It had been approved by the State 13 Liquor Authority back in 1999. And the 14 argument was made recently that because it is 15 defined as the front door of the hotel, it is 16 defined as too close to a school, that it 17 doesn't meet the 200-foot rule. 18 The argument that has been made to 19 allow it to continue to stay open is that it's 20 actually 206 feet, if you measure from the 21 opening of the school to the opening of the 22 lounge within the hotel. And I'd be happy to 23 provide the Senator the map. 24 Again, this area is Times Square. 25 It's 46th Street in my district. There are,

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(518) 371-8910 1 to be honest, endless bars and restaurants and 2 hotels with internal bars in that geographic 3 area of the city. 4 And what I'm attempting to do is to 5 hopefully allow this hotel that has been a 6 good neighbor with a functioning bar and 7 restaurant since 1999 to be able to continue 8 to operate. 9 We spoke to the school, who had no 10 concern about this. But because it's a public 11 school, they did not feel they had the ability 12 to write a letter saying this has been no 13 problem and is no different than so many other 14 restaurants and bars actually up and down the 15 entire block and avenues. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Krueger, for that explanation. 18 SENATOR PADAVAN: Madam 19 President, will the sponsor yield to a 20 question, please. 21 ACTING PRESIDENT YOUNG: Senator 22 Padavan wants to know if Senator Krueger will 23 yield. Will you yield? 24 SENATOR LIZ KRUEGER: Yes, of 25 course I will.

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(518) 371-8910 1 SENATOR PADAVAN: I read your 2 memo and I also heard your explanation. 3 Are you aware that last fall, for 4 about six months, the SLA -- which is under 5 new leadership in many, many different ways 6 and reinvigorated in its effort to deal with 7 myriad problems, that laws that they are 8 responsible for are being -- how they're being 9 enforced and so on -- that that task force, 10 which had a number of members, including 11 Senator Duane and myself, Assemblymen, 12 councilmen, community planning board 13 representatives, police department, a whole 14 host of people, including the industry, spent 15 a considerable amount of time discussing the 16 200-feet rule? Are you aware of that? 17 SENATOR LIZ KRUEGER: Yes, 18 Senator, I am. 19 SENATOR PADAVAN: Okay. Now, I 20 want to read to you a paragraph from the 21 report that came out of that task force which 22 was signed off by everybody. It says: The 23 statutes provide that the measurements be 24 taken in a straight line from the center of 25 the nearest entrance of the school or church

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(518) 371-8910 1 or house of worship to the center of the 2 nearest entrance of the proposed 3 establishment, the bar. The authority has 4 interpreted these sections as meaning a 5 straight line from one entrance to the other. 6 The court decisions on the 200-foot rule have 7 not questioned this interpretation. The 8 travel walking distance between the church or 9 house of worship or the school and the 10 premises is not relevant to the determination. 11 Now, that statement is in direct 12 contradiction to what you said and what is in 13 your memo. Do you think it's appropriate -- 14 this is a question, if you would yield -- to 15 have a bar next to a house of worship or a 16 school, next door? 17 ACTING PRESIDENT YOUNG: Senator 18 Krueger, do you yield? 19 SENATOR LIZ KRUEGER: Thank you. 20 I think I'm answering. Yes, I yielded. I 21 respect the question, and I will answer it. 22 Not only am I aware of the work the 23 SLA has been doing, the moratorium, I've 24 participated in any number of the meetings. 25 And I have to tell you I am in total agreement

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(518) 371-8910 1 with you on almost every issue that comes up 2 around SLA, their failure to be strict enough 3 about the rules. I work with my community 4 boards on a regular basis with their 5 frustrations with the SLA approving too many 6 bars, not recognizing and respecting when a 7 community says this one is a bad neighbor, 8 this would be too many, this would have a 9 negative impact. 10 And so to be honest, Senator, you 11 could probably get me to agree not only with 12 your points but even with your vote on this 13 bill. 14 This is a situation where they have 15 been in operation. There was a new 16 interpretation by the SLA. And I'll even 17 accept that the SLA shouldn't have given them 18 the license, perhaps. But the SLA did give 19 them the license. They have been operating. 20 They have a long history. They are a good 21 neighbor. 22 I checked with my community board. 23 This isn't a player that is a problem in the 24 community. There is a recognition that Times 25 Square is, by definition, a center of theater,

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(518) 371-8910 1 hotels, restaurants, lounges within hotels 2 that are primarily used by guests of the 3 hotel, that this is not a residential 4 neighborhood in the definition we talk about, 5 I think and you and I both agree, in most 6 parts of the City of New York. 7 And to be honest, it was simply the 8 hope that, again, this specific hotel, who's 9 been in operation, who has the support of the 10 community, the support of the community board, 11 has not been seen as having any problems, does 12 not have police reports against them, is not 13 the type of bar I know that you and I both 14 know are problems in various communities 15 throughout the city -- that they don't meet 16 any of those problem categories. 17 And so I won't argue with your 18 literal definition. I will simply again make 19 the argument they've been a business without 20 problems, supported in the community, that 21 have not proved to be a problem. And so I'm 22 hoping that we might let them continue. 23 But I want to make it clear that I 24 in no way disagree with your analysis of the 25 importance of moving forward with much more

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(518) 371-8910 1 careful determinations by the SLA and respect 2 for community input into when they make 3 decisions about when they allow bars, when 4 they make exceptions. As you and I know, the 5 500-foot rule has really been a crisis problem 6 in certain neighborhoods throughout the five 7 boroughs. 8 I hope that's an explanation. 9 SENATOR PADAVAN: Senator, would 10 you yield again? 11 ACTING PRESIDENT YOUNG: Senator 12 Krueger, would you continue to yield? 13 SENATOR LIZ KRUEGER: Certainly. 14 SENATOR PADAVAN: Are you aware 15 that by virtue of court decisions and prior 16 determinations there are no exceptions allowed 17 to the 200-foot rule except those that are 18 delineated in law, such as if the 19 establishment was there before the church or 20 school or house of worship was established or 21 the application was for a prior license which 22 they upgraded. That's not the case here. 23 There are no exceptions, and that's why you're 24 putting in the bill. 25 Now, here's my question, Senator,

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(518) 371-8910 1 if you would yield again. 2 SENATOR LIZ KRUEGER: Yes, I 3 will, Madam President. 4 SENATOR PADAVAN: If we make an 5 exception for this particular location and 6 precedent is set, does this not open up a 7 Pandora's box for the entire state for all 8 kinds of bars and taverns within 200 feet, 9 entrance to entrance, of a school, church or 10 house of worship to get a license? 11 SENATOR LIZ KRUEGER: I think 12 it's an excellent question. 13 We have opened up that Pandora's 14 box. In the past in this house, we passed a 15 bill that allowed for another hotel, also in 16 my district, to obtain a liquor license even 17 though they were technically too close to a 18 church. That was the Mayfair Hotel. 19 I have a number of court 20 determinations that apparently have allowed 21 for exceptions to the 200-foot rule. So I 22 don't disagree with you that there's the 23 question of the -- 24 SENATOR PADAVAN: Senator, I 25 would love to see those court interpretations,

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(518) 371-8910 1 because the memo from the SLA says there have 2 not been any. But we won't debate it. 3 On the bill, if I may. 4 SENATOR LIZ KRUEGER: Thank you, 5 Madam President. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Krueger. 8 Senator Padavan, on the bill. 9 SENATOR PADAVAN: The problems 10 with this issue may seem minor, but they are 11 very significant. We have legislation to 12 extend the 200-foot rule. Imagine a church or 13 synagogue or school that has an entrance at 14 Point A, a schoolyard that may go back a 15 hundred, 200 feet in different directions, and 16 then a bar that opens up right at the edge of 17 that schoolyard. 18 We don't want that to happen. And 19 so we have introduced legislation which is 20 supported by many to extend that 200 feet to 21 500 feet under certain circumstances. 22 So what we're doing here, however, 23 is we're going in a different direction. The 24 report from the SLA and the legal analysis 25 tells us unequivocally that it's a straight

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(518) 371-8910 1 line. It's a straight line. Whether it's a 2 residential community or not, there is a 3 public school right next door to the bar. And 4 it's been the judgment of the Legislature 5 forever that that is unwise and inappropriate. 6 And I think to do this today, I 7 know of no other bills that we've passed -- if 8 we did, I certainly wasn't aware of them; I'd 9 have been on my feet talking about them -- to 10 establish this precedent today with this 11 particular establishment -- and the memo is 12 incorrect. Straight line has been the rule. 13 Now, how they got that license in 14 '99, I have no idea. We know, you know, from 15 anecdotal information that the SLA wasn't the 16 swiftest thing on the block for a lot of 17 years. And how they got that license and 18 through what means, I mean, there's a whole 19 industry of lawyers out there doing that kind 20 of thing. So I'm not going to be able to 21 answer that question, and probably neither are 22 you. 23 But the fact that that mistake was 24 made should not be compounded by this bill. 25 Perhaps they changed hands and ownership; that

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(518) 371-8910 1 may have happened. 2 So I'm suggesting to you, my 3 colleagues, that we just don't do this. I'm 4 sure this hotel will continue to survive 5 without this particular license and continue 6 to serve its occupants without the benefit of 7 this particular bar, whether it be next door 8 or wherever. 9 So I'm going to be voting in 10 opposition of this bill, Madam President. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Padavan. 13 Senator Marcellino. 14 SENATOR MARCELLINO: Thank you, 15 Madam President. 16 I can understand why the sponsor is 17 bringing the measure. However, there's an 18 occurrence that occurred within a community 19 that I'm aware of, within my district, where 20 the ownership of a bar, if you will, was 21 granted a liquor license and operated quite 22 well. The community was pleased. The 23 ownership ran the establishment well. 24 But in the normal course of things, 25 the ownership changed. New owners took over.

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(518) 371-8910 1 And it was a mess. Lots of problems. 2 Underage drinking, drugs, police calls. The 3 community was up in arms. It had to go 4 through an entire -- the bar is still there, 5 causing problems. The community is trying to 6 take issue, and they're having difficult times 7 in the courts. The bar, by the way, has 8 changed ownership three times since then. 9 There's been a continuous pattern. 10 So while we may do something with 11 the best of intentions, as often happens in 12 this house and in this Legislature, we get the 13 law of unintended consequences that comes 14 along. What happens if this is passed, this 15 bar operates, and they sell or they move or 16 they lease to a new owner and there is a 17 problem? Then the calls come in: Why didn't 18 you do this, why didn't you take action, how 19 could you have allowed the law to be avoided? 20 How could you have allowed this exception? 21 Why weren't you thinking? All of those 22 complaints come in. 23 I say we err on the side of 24 caution. I intend to vote no. 25 ACTING PRESIDENT YOUNG: Thank

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(518) 371-8910 1 you, Senator Marcellino. 2 Senator Connor. 3 SENATOR CONNOR: Thank you, Madam 4 President. 5 First of all, let me say I over the 6 years have applauded and followed Senator 7 Padavan's lead on these issues. 8 I've just heard Senator 9 Marcellino's story about a sad situation. 10 I've got a hundred of those stories on the 11 Lower East Side, where people file a plan, a 12 business plan with the community board that 13 they're going to be a white-tablecloth 14 restaurant and then the community board 15 approves them and, lo and behold, what they 16 finally file with the SLA is they're a 17 nightclub open to 4:00 a.m., music, crowds, 18 whatever. 19 Now, I was on that task force, 20 together with Senator Duane and Senator 21 Padavan, I believe Senator Maltese was on it, 22 local officials. And thanks to the new 23 leadership in the SLA, particularly 24 Commissioner Noreen Healey, who chaired that 25 task force, we did come up with a variety of

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(518) 371-8910 1 both suggestions for procedural changes in the 2 permitting process and for some legislation. 3 So my district has been plagued 4 with these problems. You've heard me speak 5 about it last year when we confirmed new 6 commissioners. And Senator Padavan was of 7 great assistance in a case brought by a 8 community group in Soho about the 500-foot 9 rule, since he was the sponsor of it, and the 10 old SLA was ignoring application of it. 11 There is one stretch of -- there is 12 a block in my district that has something like 13 80-some licensed premises on it. So I am 14 sensitive to these issues. 15 But the problem with this is not 16 one size fits all, not one situation. There 17 are exceptions, Madam President. 18 And I have one that I am thinking 19 of doing legislation for because we don't seem 20 to solve it. And I will give the example. 21 There is a block in TriBeCa that has four or 22 five restaurants on them. They are some of 23 the most -- they include two or three of the 24 most well known restaurants in New York City, 25 owned by the most prominent

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(518) 371-8910 1 restaurateur-chefs. They have been there for 2 some time. 3 Also on that block is a nondescript 4 office building of five, six stories the way 5 you would find in TriBeCa. And it turns out 6 that for some time on the third floor of that 7 building, with no sign out front, no sign in 8 the lobby, has been a small mosque. Why is 9 there no sign outside, no sign in the lobby? 10 They wanted to be very discreet. They don't 11 want people to know there's a mosque there. 12 They are in fear because of events -- not just 13 since 9/11, but even before that, the original 14 bombing of the World Trade Center, they have 15 fear. The congregants, on any given Friday, 16 20, 25 people may make their way into this 17 office building and up to this mosque for 18 their worship. 19 It is a house of worship. It is 20 not listed in the phone book. No one knew it 21 was there. It's been there, it turns out, for 22 many years. The neighbors canvassed the 23 neighborhood: nobody knew it was there. 24 These prominent restaurateurs 25 invested millions of dollars in establishing

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(518) 371-8910 1 their businesses. Obviously their high-end 2 restaurant businesses don't work economically 3 if they can't serve wine, if they can't serve 4 alcohol. It's part of the package, obviously, 5 of a fancy restaurant. 6 Just a few months ago, through 7 happenstance, SLA learned of the existence of 8 this mosque. They learned about it from a 9 resident who finally realized it was there and 10 is making mischief. And it was really a 11 resident who wanted to stop a pending 12 application for a vacant space on the block. 13 Fine. And they stopped it. 14 But then the SLA went back to these 15 other five establishments, served them notices 16 that they want to cancel their liquor license 17 and fine them enormously for a fraudulent 18 application because they never disclosed the 19 existence of this mosque that no one knew was 20 there. 21 The imam and the president of the 22 congregation of the mosque have no objection 23 to these restaurants being there. Their major 24 concern is that now they're being publicized 25 and they really didn't want people to know

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(518) 371-8910 1 they were there. 2 By Senator Padavan's strict 3 interpretation, which I usually agree with in 4 many, many instances in these applications and 5 so on, these leading restaurants would have to 6 be closed, lose their licenses. Tens of 7 employees in each would be -- I mean, these 8 are, as restaurants go, large employers. 9 Business investment made in all good faith -- 10 and these are restaurants. Nobody has 11 complained about them. These are restaurants 12 that are closed by 11 o'clock at night or 13 11:15 at night. These are not nightclubs, 14 they're not night-life establishments. These 15 are really fancy, expensive, prominent 16 restaurants. 17 Madam President, Senator Padavan I 18 guess would say they're within 200 feet of 19 this mosque, this hidden mosque; close them. 20 I say that's not a reasonable way to apply the 21 law. 22 We don't want to put these 23 businesses out. There's no objection from the 24 congregants in this house of worship. They 25 admit that they deliberately have no signs

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(518) 371-8910 1 outside or whatever because they don't want 2 any publicity, they don't want people really 3 to know -- in Lower Manhattan, a few blocks 4 from the World Trade Center site, they really 5 don't want people to know they're there. 6 So I think what Senator Krueger is 7 doing in addressing a specific instance is 8 perhaps appropriate. We don't want a blanket 9 exception in the law, because we've had bad 10 experiences with the public-interest exception 11 to Senator Padavan's original law. Not 12 because of him, but because of the way it was 13 being, in my opinion, misinterpreted. 14 On the other hand, in New York 15 City, a large metropolitan area, while it's 16 that very fact that's caused innumerable 17 problems with oversaturation of licensed 18 premises, in fact we need to be reasonable. 19 We don't want to put these businesspeople out 20 of huge investments, their employees out of 21 work, and put what else on those blocks. 22 So I'm going to vote for this, even 23 though I was on that task force and I urged 24 the SLA to strictly interpret the 200-foot 25 rule and the 500-foot rule. I think, and I

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(518) 371-8910 1 hope my example has convinced you all, there 2 are reasons for prudent exceptions to be 3 granted by this Legislature. 4 Thank you, Madam President. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Connor. 7 Any other Senator wishing to be 8 heard? 9 Senator Alesi. 10 SENATOR ALESI: Thank you. 11 Madam President, as chairman of the 12 Committee of Commerce, Economic Development 13 and Small Business, we reviewed this 14 legislation before discharging it from 15 committee. 16 Now, I understand that in the 17 Legislature we have the power to change things 18 that generally are not changeable when they're 19 governed by something like the SLA that 20 operates by regulations empowered by this 21 Legislature to do that. But there are times 22 when the Legislature has to look at exceptions 23 to the power that we give those authorities. 24 We heard a lot about authorities earlier here 25 today.

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(518) 371-8910 1 This is one of the exceptions, I 2 believe, that we have to pay close attention 3 to, because we're talking about a small 4 business. And we don't necessarily have to 5 make a political issue out of this. There is 6 justification for our considering this in a 7 positive way simply because this business -- 8 regardless of where it's located, this 9 business has been in existence for many years, 10 has had a license. And only because there is 11 a change in ownership, there's a different way 12 of viewing how the measurement should be 13 taken. 14 So I would simply ask my colleagues 15 to consider this fact, that the SLA is giving 16 this business, where business owners have 17 invested in a commercial endeavor in this 18 state, the temporary operating authority until 19 the Legislature does something to recognize 20 that they can operate according to the way 21 that they were operating under the previous 22 license. 23 I feel as if I'm in kind of an odd 24 position here, advocating for this bill. 25 Nevertheless, I also feel that I am living up

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(518) 371-8910 1 to my responsibility to be objective and help 2 business in New York State thrive. I'm voting 3 aye. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator Alesi. 6 Any other Senator wishing to be 7 heard? 8 The debate is closed. 9 The Secretary will ring the bell. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT YOUNG: Announce 17 the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1481 are 20 Senators Bonacic, Flanagan, Fuschillo, Hannon, 21 Johnson, C. Johnson, Lanza, LaValle, Little, 22 Maltese, Marcellino, Morahan, Padavan, Robach, 23 Skelos, Stewart-Cousins, Trunzo, Valesky, 24 Young. Also Senator Larkin. Also Senator 25 Saland. Also Senator Nozzolio.

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(518) 371-8910 1 Absent from voting: Senator C. 2 Kruger. 3 Ayes, 36. Nays, 22. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1533, by Senator Maziarz, Senate Print 5706B, 8 an act to amend the Economic Development Law. 9 SENATOR LIZ KRUEGER: 10 Explanation. 11 ACTING PRESIDENT YOUNG: Senator 12 Maziarz, an explanation has been requested. 13 SENATOR MAZIARZ: I just voted in 14 the affirmative on the last bill. 15 (Laughter.) 16 SENATOR MAZIARZ: I studied it so 17 hard, it was -- my explanation was actually 18 buried here because I was so concentrating on 19 that last bill. The last bill that I voted in 20 favor of. Did I say that, Madam President? 21 (Laughter.) 22 SENATOR MAZIARZ: This 23 legislation would create an economic impact 24 report on ATV and motorized recreation in 25 New York State. This report would study the

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(518) 371-8910 1 number of ATVs registered in New York as well 2 as the number of participants involved in ATV 3 and off-road activity. Further, the report 4 would study the amount of revenue expended by 5 individuals in the area on all ATV-related 6 expenses. 7 There was monies last year 8 collected for -- additional revenue for an ATV 9 registration surcharge, and money for this 10 study would come out of that ATV surcharge. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Maziarz. 13 Senator Krueger. 14 SENATOR LIZ KRUEGER: Thank you, 15 Madam President. If the sponsor would yield 16 to a question. 17 ACTING PRESIDENT YOUNG: Senator 18 Maziarz, do you yield? 19 SENATOR MAZIARZ: Certainly, 20 Madam President. 21 ACTING PRESIDENT YOUNG: Senator 22 Maziarz yields. 23 SENATOR LIZ KRUEGER: Thank you. 24 So I read your bill, and it 25 referenced, your memo, a study that was done

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(518) 371-8910 1 on the Tug Hill Region ATV economic impact. 2 And I read the study. It's online. And 3 actually, they had several, an earlier one and 4 a newer one. 5 And my one question to you on the 6 study is, it talks about evaluating the 7 economic advantages of ATV, and I do 8 appreciate that it's a significant industry in 9 your district. But it doesn't talk about 10 measuring some of the costs of ATVs. 11 It talks about negative 12 consequences, but nowhere does it talk about 13 the healthcare costs associated with this 14 sport, which unfortunately has a fairly high 15 rate of injury that's been growing actually 16 exponentially over the last decade, according 17 to the Center for Disease Control. 18 And in fact there's been estimates 19 from national studies that the healthcare 20 costs from injuries for every ATV that is sold 21 should be calculated as $3,500 in new 22 healthcare costs associated with injuries. 23 So I guess I'm asking you would you 24 consider ensuring that in this study, factored 25 in, are the costs from injuries and deaths

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(518) 371-8910 1 from ATVs, it turns out statistically 2 particularly for people under 16 driving ATVs. 3 SENATOR MAZIARZ: The answer to 4 your question is yes. 5 But I would just like to, if I 6 could, comment on that question. You said 7 that ATVs may be popular in my district. 8 Actually, Senator, ATVs are popular across 9 New York State, most particularly in upstate 10 and Central New York. 11 My good colleague and fellow caucus 12 member of the Polish-American caucus here in 13 this body, Senator Stachowski, indicated to me 14 just a few minutes ago there's a very large 15 ATV dealer located right in his district. So 16 it is an extremely popular sport across the 17 state, not just in my district. 18 But to answer your question, I will 19 absolutely see to it, Senator, that the impact 20 of the two areas that you talked about, or 21 three areas, I'm sorry, that you talked about 22 are included in the study. 23 SENATOR LIZ KRUEGER: Thank you. 24 Madam President, on the bill. 25 ACTING PRESIDENT YOUNG: Senator

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(518) 371-8910 1 Krueger, on the bill. 2 SENATOR LIZ KRUEGER: I 3 appreciate the sponsor's answers to my 4 question. 5 And I will be voting for his bill, 6 because I think studying the question of the 7 pluses and minuses of ATVs throughout the 8 State of New York is an important issue for 9 this Legislature and for this government to 10 evaluate. 11 But again, I just want to emphasize 12 that the data coming out of the federal 13 government, of actually several agencies, the 14 death and injury statistics, the Interior 15 Department statistics -- because so many ATVs 16 are actually used on national park grounds 17 throughout the country -- the data even done 18 by a small rural hospital in Oregon near a 19 large ATV, I guess, park, showing that they 20 had a disproportionately large number of 21 uninsured people showing up at their rural 22 hospital without health insurance and that 23 they were fearing, this particularly hospital 24 in Reedsport, Oregon, near the Oregon National 25 Recreation Park Dunes ATV site, that it was

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(518) 371-8910 1 going to potentially bankrupt their rural 2 hospital because they had to deal with so many 3 injuries from uninsured people. 4 So I just wanted to highlight that 5 I think it's important for us to evaluate the 6 economic advantages and disadvantages, the 7 opportunities created and the safety concerns 8 we should be aware of in evaluating and moving 9 forward with expansion or changes in ATV laws. 10 But I will be voting yes. Thank 11 you, Madam President. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Krueger. 14 Any other Senator wishing to be 15 heard? 16 Senator Wright. 17 SENATOR WRIGHT: Thank you, Madam 18 President. 19 I rise to commend my colleague 20 Senator Maziarz on taking an initiative that 21 we started in our region two years ago and 22 expanding that initiative statewide. 23 The success in the Tug Hill has 24 been well documented by the report. In turn, 25 that becomes a critical tool to move forward

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(518) 371-8910 1 with the planning of appropriate use of ATVs, 2 the establishment of trails, the recognition 3 of its importance to the outdoor recreational 4 economy that occurs in our region, the western 5 region, and throughout upstate New York. 6 Those are important elements of our 7 tourism-based economy. 8 I want to commend the Senator for 9 his leadership. He is well-recognized within 10 the tourism and the outdoor recreation and 11 conservation field for his efforts. This is 12 but another fine example. I'm looking forward 13 to joining him in his support. 14 Thank you. 15 ACTING PRESIDENT YOUNG: Thank 16 you, Senator Wright. 17 Senator LaValle. 18 SENATOR LaVALLE: Thank you very 19 much, Madam President. 20 I'm going to support this 21 legislation. But having said that, I would 22 say that there is a difference in, I know, 23 upstate and downstate on this issue of ATVs 24 and how it might add to tourism and economic 25 development in upstate New York.

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(518) 371-8910 1 Suffolk County has some of the 2 toughest laws on the use of ATVs and penalties 3 that are assessed individuals that are using 4 that in inappropriate places. And I would say 5 the county legislature in Suffolk keeps 6 looking at the present laws, which are the 7 toughest in the state, and continues to make 8 them even tougher. 9 Too many times young individuals 10 are really hurt, killed, or maimed for their 11 lifetime. So we're talking about something -- 12 a very, very dangerous activity. But I'm also 13 mindfully aware that there are individuals 14 that want to do this, even go out and do it as 15 a family. And I know of several instances in 16 my own Senate district. 17 But I think such a report, I think, 18 has to recognize the differences between the 19 upstate and downstate viewpoint on this 20 particular issue. But I am going to support 21 Senator Maziarz on this initiative. 22 Thank you, Madam President. 23 ACTING PRESIDENT YOUNG: Thank 24 you, Senator LaValle. 25 Any Senator wishing to be heard?

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(518) 371-8910 1 Debate is closed. 2 The Secretary will ring the bell. 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: In relation to 10 Calendar Number 1533: Ayes, 58. Nays, 0. 11 Absent from voting: Senator C. 12 Kruger. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1569, by Senator Golden, Senate Print 5729, an 17 act to amend the Penal Law. 18 SENATOR MONTGOMERY: Explanation. 19 ACTING PRESIDENT YOUNG: Senator 20 Golden, an explanation has been requested. 21 SENATOR GOLDEN: Thank you, Madam 22 President. 23 This bill adds a new section of the 24 Penal Law, refusing to identify oneself upon 25 questioning. It makes it a Class A

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(518) 371-8910 1 misdemeanor. This allows a police officer or 2 a court officer to ask a person to identify 3 him or herself in the course of a Terry stop 4 and provides for criminal liability when the 5 person intentionally fails to provide such 6 information. 7 This only applies when the officer 8 reasonably suspects that a person has 9 committed or is about to commit a crime. An 10 officer's right to ask for this information 11 has long been established and is in fact part 12 of our law here in the City of New York. In 13 the State of New York, it's a procedural law. 14 We're trying to move it from the CPL over to 15 the Penal Law. 16 And if we take -- I think last year 17 we used Officer Corr, who approached a 18 vehicle, he had suspicion, reasonable 19 suspicion because he had identification of the 20 vehicle, to pull that vehicle over. And he 21 approached that vehicle. Unfortunately, 22 Officer Corr was shot and killed because his 23 gut reaction and his suspicion was correct. 24 But had he walked up on that car 25 and Mr. and Mrs. Jones were in that vehicle,

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(518) 371-8910 1 he would have moved from suspicion and said, 2 This is not the people I'm looking for. 3 So that's what it does. It gives 4 them reasonable suspicion so that they can get 5 probable cause to effect an arrest. It's a 6 tool that the police departments across the 7 state of New York use on a regular basis. 8 In the City of New York, when you 9 stop and question somebody or stop and ask for 10 someone's name, you're required to fill out a 11 UF-250, which is a document that shows the 12 stop, the reason for the stop, and what 13 suspicion was used to allow you to stop that 14 individual. 15 Until 2004, there was a question 16 whether refusal to answer the officer could 17 result in a penalty. The Supreme Court has 18 ruled, in Hiibel vs. Nevada, and very clearly 19 said when only a name is being requested, 20 there can be criminal enforcement. 21 And again, what reasonable 22 suspicion is is a legal standard in United 23 States law, that a person has been, is, or is 24 about to engage in criminal activity, based on 25 specific and articulable facts and inferences.

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(518) 371-8910 1 This bill is drafted similar to 2 that of the Nevada statute and does not 3 require an individual to carry identification, 4 does not require an individual to give more 5 than his or her name, and is law in 23 other 6 states. 7 Thank you, Madam President. 8 ACTING PRESIDENT YOUNG: Thank 9 you, Senator Golden. 10 Senator Montgomery. 11 SENATOR MONTGOMERY: Yes, Madam 12 President. Thank you for the explanation, 13 Senator Golden. 14 I'm just fascinated by the example 15 that you use, that the officer was shot when 16 he approached the car. And of course that's a 17 very horrible thing. And our law enforcement 18 members are subjected to that kind of possible 19 violence and danger each and every day, and I 20 certainly understand that. 21 However, I fail to see the 22 connection between your bill here and the 23 example that you use. 24 ACTING PRESIDENT YOUNG: Senator 25 Montgomery, are you asking Senator Golden to

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(518) 371-8910 1 yield? 2 SENATOR MONTGOMERY: No, I'm 3 speaking on the bill. 4 ACTING PRESIDENT YOUNG: Okay, on 5 the bill. 6 SENATOR MONTGOMERY: On the bill, 7 thank you. 8 And so I fail to see the 9 relationship between the example that the 10 sponsor, Senator Golden, uses as a rationale 11 for this legislation and what the legislation 12 does. 13 It simply says that if an officer 14 stops someone -- now, Madam President, mind 15 you, I had the privilege of riding in a police 16 vehicle, and I was shown the way that that 17 vehicle is able to track any vehicle and find 18 out who owns it, whether or not they have any 19 charges against them, any tickets, whatever, 20 right in that police car. 21 And my assumption is even though 22 that was another state, my assumption is that 23 New York is probably way above that state in 24 terms of technology as it relates to law 25 enforcement and the capability of tracking

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(518) 371-8910 1 down and finding out if someone has actually 2 committed a crime. 3 So what this does, however, this 4 legislation does is that if an officer thinks 5 that someone may be looking to do something, 6 he can stop that -- he or she can stop that 7 person. And in fact, if that person says, I'm 8 X rather than Y, or I'm not going to give you 9 my name, the officer, under this bill, is 10 authorized to charge that person as a 11 criminal, as if they have committed a crime. 12 And I think that, in my experience, 13 the most likely individual to fall into this 14 category of refusing to give the police their 15 name, or at least very likely, is the 16 teenagers who are on the streets. I see them 17 there stopped constantly by the police. And 18 if they are not carrying ID, unfortunately, 19 the police very often take them to the 20 precinct and do a check on them. 21 But this would allow the police to 22 automatically charge those young people who 23 don't have ID with an A misdemeanor. So I 24 think we need to think this through much more 25 carefully, because it's one more opportunity

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(518) 371-8910 1 for police officers to levy a criminal charge 2 especially against young people simply because 3 they don't have identification. 4 And we all know that the only way 5 that you can receive identification as a 6 teenager is that you have to pay for that ID, 7 if your school or some other organization does 8 not provide that for you free. We have not 9 made it possible or mandatory that every young 10 person have access to an ID. Middle schools 11 don't give IDs, only high schools. 12 So I am very, very concerned that 13 this is going to have unintentional 14 consequences, especially on people, young 15 people in particular, in my district, where 16 just for walking the street, being stopped by 17 the police, asked for ID, they don't have it, 18 and they get charged with an A misdemeanor. 19 So I'm going to vote no on this 20 legislation, Madam President. Thank you. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator Montgomery. 23 Senator Schneiderman. 24 SENATOR SCHNEIDERMAN: Yes, if 25 the sponsor would yield for a few brief

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(518) 371-8910 1 questions. 2 ACTING PRESIDENT YOUNG: Will the 3 sponsor yield? 4 SENATOR GOLDEN: Yes, Madam 5 President. 6 SENATOR SCHNEIDERMAN: Through 7 you, Madam President. This bill refers to 8 police officers or court officers, and it 9 appears to apply to all police officers and 10 court officers. Is that correct? 11 SENATOR GOLDEN: Yes. 12 SENATOR SCHNEIDERMAN: So through 13 you, Madam President, it would apply to 14 plainclothes police officers as well as 15 uniformed police officers; is that correct? 16 ACTING PRESIDENT YOUNG: Senator 17 Golden, do you continue to yield? 18 SENATOR GOLDEN: Yes, Madam 19 President. 20 SENATOR SCHNEIDERMAN: And 21 through you, Madam President, it would apply 22 to undercover police officers as well as 23 uniformed police officers and plainclothes 24 police officers; is that not correct? 25 ACTING PRESIDENT YOUNG: Senator

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(518) 371-8910 1 Golden? 2 SENATOR GOLDEN: Yes, Madam 3 President. 4 SENATOR SCHNEIDERMAN: And the 5 bill is very short, I'm reading it, it's 14 6 lines long. 7 Could the sponsor please point us 8 to where, if at all, in this bill it requires 9 an undercover or plainclothes police officer 10 to tell the suspect that he is or she is in 11 fact a police officer when asking the name of 12 that suspect. 13 SENATOR GOLDEN: The procedure 14 that's across the State of New York is to 15 identify oneself and to effect an arrest. If 16 this individual has failed to identify 17 themselves to this individual and this 18 individual police officer has suspicion that 19 that individual has committed a crime or is 20 about to commit a crime, that person will be 21 arrested. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Golden. 24 Senator Schneiderman. 25 SENATOR SCHNEIDERMAN: Thank you.

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(518) 371-8910 1 Through you, Madam President, if the sponsor 2 would continue to yield. 3 ACTING PRESIDENT YOUNG: Senator 4 Golden, do you yield? 5 SENATOR GOLDEN: I do, Madam 6 President. 7 ACTING PRESIDENT YOUNG: The 8 sponsor yields. 9 SENATOR SCHNEIDERMAN: Is there 10 in the procedure you have just described or 11 any other requirement that the police officer 12 identify themself as a police officer before 13 demanding in the course of -- I'm reading from 14 the bill -- in the course of temporary 15 questioning of such person, their name? Is 16 there any requirement in this bill that the 17 police officer identify themself as a police 18 officer? 19 SENATOR GOLDEN: Madam President, 20 there has to be a nexus between the suspicion 21 and the crime. So the nexus, if the person 22 fails to answer their name, it's addition to 23 the crime is failure to do so, and that person 24 is arrested. 25 Does the person make -- the officer

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(518) 371-8910 1 approaches an individual, and that person 2 is -- if that presumption is that the police 3 officer is not a police officer, that's the 4 individual's chance that they take. 5 SENATOR SCHNEIDERMAN: Thank the 6 sponsor for his answers. 7 Madam President, on the bill. 8 ACTING PRESIDENT YOUNG: Thank 9 you, Senator Golden. 10 Senator Schneiderman, on the bill. 11 SENATOR SCHNEIDERMAN: I think 12 the sponsor has just said it as clearly as it 13 can be said. This is a chance that someone 14 takes. 15 If someone comes up to you and 16 demands to know your name, they're not 17 required to identify themselves as a police 18 officer. They could be an undercover police 19 officer, they could be a plainclothes police 20 officer, and you refuse or you give a nickname 21 or something, you get arrested. 22 This is not what we should be 23 enacting into law, Madam President. And this 24 is the kind of provision that could be used in 25 a very arbitrary and discriminatory fashion.

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(518) 371-8910 1 You cannot enact a bill into law that creates 2 a crime for failing to give your name to 3 someone who you may not even know -- when you 4 may not even know who that person is and 5 there's no requirement that that person 6 identify themselves as a police officer. 7 And I think Senator Montgomery's 8 point is well taken. I don't think it's a big 9 secret who is most likely to be victimized by 10 this statute. Okay? 11 Thank you, Madam President. I 12 encourage everyone to vote no. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Schneiderman. 15 Senator Golden. 16 SENATOR GOLDEN: Yes, I rise to 17 explain to the last comments that on line 4 it 18 says, in the bill, intentionally fails to 19 provide his or her name to a police officer, 20 to a police officer or a court officer. 21 So therefore, identification has to 22 be made. 23 Thank you, Madam President. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator Golden.

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(518) 371-8910 1 Senator Diaz. 2 SENATOR DIAZ: Thank you, Madam 3 President. 4 I also rise to oppose this bill. I 5 think that it's a very, very bad bill for our 6 community, for our teenagers. 7 I was a member of the Civil 8 Complaint Review Board representing the County 9 of the Bronx in the City of New York. And I 10 faced so many cases where a police officer, to 11 cover their action, they issue all kind of 12 summonses. And this is another way for a 13 police officer to cover their abuse of power, 14 their foul languages or their actions, by 15 saying the person refused to identify 16 themselves, so they could hand them a summons. 17 I'm also very, very aware of those 18 plainclothes police officers. And for 19 example, we have a case in the Bronx -- two 20 cases right now that -- three that I might 21 say. We have the case of Amadou Diallo, who 22 was, because of identification, he got 19 23 bullets from four plainclothes police 24 officers. 25 Now we just got a case in the

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(518) 371-8910 1 Bronx, Fermin Arzu, who was killed in the back 2 by a police officer in plainclothes. And also 3 we have the case of Reverend Del Valle, who 4 was stopped and kicked and whatever, in a case 5 of mistaken identity. 6 So, you know, I think that these 7 kind of bills don't have -- shouldn't have 8 room in our deliberation on our Senate floor. 9 So I'm here to say that you could call me in 10 the negative, and I ask all my colleagues to 11 vote no on this bill. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Diaz. 14 Senator Adams. 15 SENATOR ADAMS: Madam President, 16 through you, would the sponsor yield for a 17 question. 18 ACTING PRESIDENT YOUNG: Senator 19 Golden, do you yield? 20 SENATOR GOLDEN: I do, Madam 21 President. 22 SENATOR ADAMS: This is an 23 interesting bill, and I just want to get more 24 clarification. 25 The person stopped, would they need

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(518) 371-8910 1 identification? 2 SENATOR GOLDEN: No. Madam 3 President, they would not. But I am enjoying 4 this conversation with a captain, former 5 captain of the New York City Police 6 Department, that we have to talk about Terry 7 stops. But that's okay. 8 SENATOR ADAMS: Would the sponsor 9 continue to yield. 10 ACTING PRESIDENT YOUNG: Senator 11 Golden, do you yield? 12 SENATOR GOLDEN: I do. 13 ACTING PRESIDENT YOUNG: The 14 Senator yields. 15 SENATOR ADAMS: To your 16 knowledge, is there any law that requires a 17 police officer to identify himself as a police 18 officer? A law. Not a procedure within the 19 department, is there any law? 20 SENATOR GOLDEN: No, there is 21 not. 22 But again, if I may point out, that 23 in the bill it says intentionally failed to 24 provide his or her name -- it doesn't say to 25 John Doe or John Schmoe, it says to a police

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(518) 371-8910 1 officer or a court officer. 2 ACTING PRESIDENT YOUNG: Senator 3 Adams. 4 SENATOR ADAMS: Would the sponsor 5 continue to yield. 6 ACTING PRESIDENT YOUNG: Senator 7 Golden, do you yield? 8 SENATOR GOLDEN: I do, Madam 9 President. 10 ACTING PRESIDENT YOUNG: The 11 Senator yields. 12 SENATOR ADAMS: Just for 13 clarification, what standard of proof would 14 the officer need to conduct the inquiry? 15 SENATOR GOLDEN: Madam President, 16 the reason for the initial stop is suspicion, 17 suspicion of a crime that has been or is about 18 to be committed. That is the reason for the 19 stop. 20 If the individual officer can build 21 his reasonable suspicion to probable cause for 22 arrest, this is an additional tool that the 23 police departments across this state and 24 nation use to effect these arrests. 25 And in these times of terrorism

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(518) 371-8910 1 across this state and across the country, this 2 is important that we give these officers the 3 tools that they need to be able to effect 4 probable cause and an arrest. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Golden. 7 Senator Adams. 8 SENATOR ADAMS: Would the sponsor 9 continue to yield. 10 ACTING PRESIDENT YOUNG: Senator 11 Golden, do you yield? 12 SENATOR GOLDEN: I do, Madam 13 President. 14 ACTING PRESIDENT YOUNG: The 15 sponsor yields. 16 SENATOR ADAMS: Senator, you 17 stated "suspicion." There's two levels of 18 suspicion, there's mere suspicion and there's 19 reasonable suspicion. 20 Which level of suspicion are we 21 talking about? 22 SENATOR GOLDEN: Reasonable 23 suspicion. 24 ACTING PRESIDENT YOUNG: Senator 25 Adams.

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(518) 371-8910 1 SENATOR ADAMS: Would the sponsor 2 continue to yield? 3 ACTING PRESIDENT YOUNG: Senator 4 Golden, do you yield? 5 SENATOR GOLDEN: I do, Madam 6 President. 7 ACTING PRESIDENT YOUNG: The 8 sponsor yields. 9 SENATOR ADAMS: Senator, this 10 crime, would the crime stand alone, or would 11 the crime take place if there's an additional 12 criminal act that takes place? 13 SENATOR GOLDEN: Stand alone. 14 This legislation says that it can stand alone. 15 ACTING PRESIDENT YOUNG: Senator 16 Adams. 17 SENATOR ADAMS: On the bill. 18 ACTING PRESIDENT YOUNG: Senator 19 Adams, on the bill. 20 SENATOR ADAMS: Some very 21 important points just came out. Although I 22 understand the spirit -- and often I find 23 myself agreeing with my colleague because many 24 of his bills touch the nerve center of the 25 issues that are important to us.

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(518) 371-8910 1 I'm leaving today, if we ever get 2 out of here, I'm leaving today to go to 3 Brooklyn. We had an incident where 30 4 children, young people, high school -- many of 5 them are A students -- 30 children were on 6 their way to a funeral that one of their 7 classmates was shot and killed. 8 While they were walking to the 9 funeral, the police officer stopped them, 10 placed them in handcuffs, had them sit on the 11 ground and arrested them. Arrested all 30 of 12 them. 13 You can only imagine, as I sit next 14 to the empty seat of my colleague who just 15 lost his father this morning, the trauma and 16 grief that an adult feels when they lose a 17 loved one. Can you imagine what a child feels 18 when they lose a loved one? And on your way 19 to mourning, while you were in a period of 20 mourning, you find yourself sitting in a 21 police precinct where the police officers are 22 mocking the death of the individual who was 23 killed. 24 Here's the problem. In an ideal 25 environment, when you have police officers

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(518) 371-8910 1 like Senator Golden -- who's a retired member 2 of the police department -- when you have 3 conscientious law enforcement officers, you 4 can create and almost become creative in how 5 you have laws to fight those important issues. 6 But this is not the days we're 7 living in. We are not living in our mother's 8 and father's police department. It's a 9 different police department, Senator, it 10 really is, when you have 550,000 -- hear that 11 number, 550,000 young people who were stopped 12 and questioned by the police. 13 According to the Governor's report 14 when he was Attorney General, the forms that 15 you're supposed to prepare, only one out of 16 every four stops were prepared. So there's a 17 possibility that 2 million young people were 18 stopped and questioned by the police. Two 19 million. And a minute proportion of them 20 actually committed a crime. 21 According to this legislation -- 22 and we have to be careful here. We can't 23 continue to hide behind the boogeyman of 24 terrorism for every crime and law we want to 25 pass. We can't continue to do that.

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(518) 371-8910 1 I lost friends at the Center of 2 Trade. I lost colleagues and police officers 3 at the Center of Trade when it was attacked. 4 But I'll be darned if I become who those who 5 attacked us want us to become. That is not 6 the agenda that I'm going to set forth. 7 So I'm not afraid of the boogeyman 8 of terrorism, I'm afraid of the boogeyman of 9 passing laws that incarcerate our children. 10 Several important issues that need 11 to be pointed out. And before I do so, 12 Queens, in the Minority Leader's district, a 13 police officer was shot. You got to really 14 hear what happened out there. A police 15 officer was shot; 98 children were arrested. 16 Parents were calling to look for their kids. 17 Let me tell you what happened, 18 Senator Diaz. A woman was in the hospital 19 expecting her son or daughter -- her son, who 20 normally visited her every evening, he was 21 missing. She called around. And the 22 neighbors in the St. Albans, Queens -- 23 middle-class income, in Queens, the neighbors 24 started calling around, and they realized that 25 all the children were missing.

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(518) 371-8910 1 The children were all locked up 2 because a police officer was shot, so they 3 went through the entire community locking up 4 young black boys. The young men we 5 interviewed said they were inside the holding 6 cells looking across the cells and saying, 7 There's John from across the street, there's 8 Bobby from next door. 9 All these black boys were locked up 10 and incarcerated for petty offenses -- 11 urination, riding a bike on the sidewalk, 12 walking down their blocks in their community. 13 The reason many of you cannot feel 14 this pain, because it's not your children. 15 When you sit around at cookouts, when you sit 16 around at block association meetings, when you 17 sit around at a family gathering, you're not 18 hearing your sons stating how often they are 19 stopped by the police. These kids are tired, 20 they're tired. 21 And we're not talking about the 22 worst among us, we're talking about the best 23 among us. We have moved to the point now that 24 we're no longer looking for criminals. We're 25 looking for anyone who has the wrong skin

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(518) 371-8910 1 pigmentation. And that's wrong. And I'm 2 saying it loud enough so these children up 3 here can hear that. It's wrong. It's wrong. 4 So this bill, on the surface, it 5 seems all right. It seems like we're just 6 giving the police officer another tool in his 7 arsenal to fight crime. That's great as we 8 sit here in this sterilized environment of the 9 State Senate. 10 But let me tell you about the dirty 11 universe of policing. Too many children are 12 getting criminal records for simple things 13 merely because police are becoming creative in 14 their incarceration ability. And that's the 15 reality of what we're facing here today. 16 There's no law to carry an 17 identification. There's no law that a police 18 officer must identify himself in the first 19 place. No law. We just heard the Senator say 20 that. It's a procedure that takes place. 21 There's also a procedure on the New 22 York City Police Department books that says 23 it's against the law to profile. But does 24 profiling take place? You better believe that 25 it takes place.

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(518) 371-8910 1 The crime stands alone. Hear that. 2 That's the most important statement: The 3 crime stands alone. We are willing to give a 4 young person a criminal record merely because 5 the police officer stated he did not identify 6 himself. 7 And that crime stands alone. Not 8 that if it turns out that this person was 9 committing a crime and then you add on the 10 charge of not identifying yourself. I could 11 accept that. 12 But merely because a young person 13 or an individual did not identify himself to a 14 police officer, we're going to charge him with 15 a misdemeanor. A misdemeanor is not a 16 violation, it's not a summons. A misdemeanor 17 is like a bad marriage; it stays with you 18 forever. Forever. 19 So when that young person goes to 20 become a teacher, he has to write on that 21 application: Have you ever been arrested? 22 Yes, I have. When he goes to become a police 23 officer: Have you ever been arrested? Yes, I 24 have. When he goes to be admitted to the Bar 25 Association: Have you ever been arrested?

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(518) 371-8910 1 Yes, I have. 2 No one wants to hear the fact that, 3 Well, I was arrested just because I told the 4 police officer the wrong name. That's not the 5 reality. 6 When 14-year-old Johnny becomes 7 21 years old and he applies for Shearson 8 Brothers or American Express or Smith Barney 9 and he has to say, Yes, I have, and his 10 counterpart across town or in Rochester or 11 Troy or Long Island doesn't have to say that, 12 he's not going to be employed. 13 We've got to think this through. 14 This bill is wrong. This bill is wrong. It 15 goes in the wrong direction. I am not only 16 urging you to vote no. I am asking you, as I 17 stated when I first spoke on this floor, look 18 out outside my window and understand that this 19 bill directly impacts my children. 20 And I'm asking you, Senator Golden, 21 if we can go back to the drawing board and 22 just add that if a young person or a person is 23 found guilty of a crime and lied to the 24 police, we will add this on as an additional 25 charge. And the police officer has the

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(518) 371-8910 1 responsibility to tell the person, he or she, 2 that it's against the law to give false 3 information, as we currently have a law that 4 states and indicates that. 5 When you look over this bill in 6 depth, and you couple it with the fact that we 7 have a major problem across the country with 8 how we incarcerate young people of color, 9 we're adding to this problem. And I am going 10 to vote no. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Adams. 13 Any Senator wishing to be heard? 14 Debate is closed. 15 The Secretary will ring the bell. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT YOUNG: Senator 23 Bonacic, to explain his vote. 24 SENATOR BONACIC: Thank you, 25 Madam President.

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(518) 371-8910 1 I think our Constitution gives us 2 the right of free speech. It gives us the 3 right not to speak. 4 And I appreciated Senator Adams' 5 remarks. I vote in the negative. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Bonacic. You will be recorded in 8 the negative. 9 Senator Stewart-Cousins, to explain 10 her vote. 11 SENATOR STEWART-COUSINS: Thank 12 you, Madam President. 13 You know, I sit in the chambers, 14 and day after day we are -- 15 ACTING PRESIDENT YOUNG: Excuse 16 me, Senator. 17 Could I have some order in the 18 chamber, please. 19 Thank you. 20 SENATOR STEWART-COUSINS: Thank 21 you, Madam President. 22 Day after day we are passing 23 legislation that we are saying protects our 24 children. We are very cognizant of what our 25 children are facing in this world. We have

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(518) 371-8910 1 trained our children from very early on not to 2 talk to strangers. That's very basic: don't 3 talk to strangers. 4 And in this situation, we are 5 saying that if a stranger, unidentified, 6 approaches a child, that this child is 7 supposed to anticipate that this might be a 8 police officer who might be concerned about 9 terrorism. 10 A child has been taught not to 11 speak to strangers for that child's 12 protection. To arrest a child who has been 13 taught not to speak to strangers in the event 14 that this person might be a police officer is 15 wrong. I'll be voting no. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator. You will be recorded in the 18 negative. 19 Senator DeFrancisco, to explain his 20 vote. 21 SENATOR DeFRANCISCO: I'm voting 22 no, as I did last year, not for -- closer to 23 the reasons Senator Stewart-Cousins has just 24 mentioned. 25 You can have a situation where a

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(518) 371-8910 1 young person doesn't know whether or not that 2 person is a police officer. They may 3 intentionally not give a name, not because 4 they're trying to thwart a police officer, but 5 they don't know. That's intentional. I'm not 6 give you my name because I don't know who the 7 hell you are. So I think it's dangerous to a 8 lot of people that might get stopped. 9 All I'm looking for to vote yes 10 would be something in here where the 11 individual knowing refuses to -- knowing that 12 the person requesting is a police officer, 13 they intentionally refuse to give their name. 14 Then I think the bill would be acceptable, at 15 least to me. 16 So for those reasons, I'm voting 17 no. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator DeFrancisco. You will be 20 recorded in the negative. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1569 are 23 Senators Adams, Bonacic, Breslin, DeFrancisco, 24 Connor, Diaz, Dilan, Duane, Fuschillo, 25 Hassell-Thompson, Huntley, L. Krueger, Little,

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(518) 371-8910 1 Montgomery, Onorato, Perkins, Sabini, Sampson, 2 Schneiderman, Serrano, Smith, Stavisky, 3 Stewart-Cousins and Thompson. Also Senator 4 Marcellino. 5 Ayes, 33. Nays, 25. 6 ACTING PRESIDENT YOUNG: Senator 7 Libous. 8 SENATOR LIBOUS: Madam President, 9 would you withdraw the roll call and lay the 10 bill aside for the day, please. 11 ACTING PRESIDENT YOUNG: The roll 12 call is withdrawn. The bill is laid aside for 13 the day. 14 SENATOR LIBOUS: Madam President, 15 there will be an immediate meeting of the 16 Rules Committee in the Majority Conference 17 Room, 332. 18 ACTING PRESIDENT YOUNG: There's 19 an immediate meeting of the Rules Committee in 20 the Majority Conference Room, Room 332. 21 SENATOR LIBOUS: If we could have 22 some order in the chamber, please. 23 Thank you. I thought I was at a 24 ball game for a minute. 25 Madam President, there will be an

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(518) 371-8910 1 immediate meeting of the Rules Committee in 2 Room 332. The Senate will stand at ease. 3 And then we'll have the report of 4 the Rules Committee read when we get back. 5 We'll be not taking it up today, we'll be 6 taking it up, the Rules report, on Monday. 7 ACTING PRESIDENT YOUNG: Senator 8 Duane. 9 SENATOR DUANE: Thank you, Madam 10 President. 11 On behalf of Senator C. Kruger, on 12 page 24 I offer the following amendments to 13 Calendar Number 736, Senate Print Number 4551, 14 and ask that said bill retain its place on 15 Third Reading Calendar. 16 ACTING PRESIDENT YOUNG: The 17 amendments are received. The bill will 18 maintain its place on the Third Reading 19 Calendar. 20 Senator Fuschillo. 21 SENATOR FUSCHILLO: Thank you, 22 Madam President. 23 On behalf of Senator Wright, on 24 page number 31 I offer the following 25 amendments to Calendar Number 888, Senate

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(518) 371-8910 1 Print Number 3138, and ask that said bill 2 retain its place on Third Reading Calendar. 3 ACTING PRESIDENT YOUNG: Thank 4 you, Senator Fuschillo. The amendments are 5 received. The bill will maintain its place on 6 the Third Reading Calendar. 7 SENATOR FUSCHILLO: Madam 8 President, on behalf of Senator Morahan, on 9 page number 58 I offer the following 10 amendments to Calendar Number 1428, Senate 11 Print Number 3294A, and ask that said bill 12 retain its place on Third Reading Calendar. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Fuschillo. The amendments are 15 received. The bill will maintain its place on 16 the Third Reading Calendar. 17 SENATOR FUSCHILLO: Thank you. 18 ACTING PRESIDENT YOUNG: The 19 Senate stands at ease. 20 (Whereupon, the Senate stood at 21 ease at 2:07 p.m.) 22 (Whereupon, the Senate reconvened 23 at 2:16 p.m.) 24 ACTING PRESIDENT DUANE: Senator 25 Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we could return to motions and resolutions, 3 I wish to call up Senator Nozzolio's bill, 4 Print Number 1449, recalled from the Assembly, 5 which is now at the desk. 6 ACTING PRESIDENT DUANE: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1493, by Senator Nozzolio, Senate Print 1449, 10 an act to amend the Criminal Procedure Law. 11 SENATOR SKELOS: Mr. President, I 12 now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT DUANE: The 15 Secretary will call the roll on 16 reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT DUANE: Senator 20 Skelos. 21 SENATOR SKELOS: Mr. President, I 22 believe you're supposed to say that the bill 23 is restored to its place on the Third Reading 24 Calendar. 25 ACTING PRESIDENT DUANE: And so

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(518) 371-8910 1 it was. The bill was restored to its original 2 place on the Third Reading Calendar. 3 SENATOR SKELOS: Thank you, 4 Mr. President. I now offer the following 5 amendments. 6 ACTING PRESIDENT DUANE: The 7 amendments are received. 8 SENATOR SKELOS: Mr. President, 9 if we could return to reports of standing 10 committees, I believe there's a report of the 11 Rules Committee at the desk. I ask that it be 12 taken up at this time. 13 ACTING PRESIDENT DUANE: Reports 14 of standing committees. 15 The Secretary will read. 16 THE SECRETARY: Senator Bruno, 17 from the Committee on Rules, reports the 18 following bills: 19 Senate Print 571, by Senator 20 Larkin, an act to amend the Agriculture and 21 Markets Law; 22 591B, by Senator Nozzolio, an act 23 to amend the Education Law; 24 2768, by Senator Breslin, an act 25 authorizing;

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(518) 371-8910 1 3310, by Senator LaValle, an act to 2 amend the General Municipal Law; 3 3490A, by Senator Wright, an act in 4 relation to authorizing; 5 3785, by Senator DeFrancisco, an 6 act to amend the State Finance Law; 7 4485, by Senator Lanza, an act to 8 amend the Correction Law; 9 4855, by Senator Nozzolio, an act 10 to amend the Executive Law; 11 4952A, by Senator Young, an act to 12 amend the Environmental Conservation Law; 13 5352, by Senator Wright, an act to 14 amend the Tax Law; 15 5661, by Senator Morahan, an act to 16 amend the General Municipal Law; 17 5730, by Senator Golden, an act to 18 amend the Penal Law; 19 5762A, by Senator Wright, an act in 20 relation; 21 5767, by Senator Golden, an act to 22 amend the Penal Law; 23 5802, by Senator Lanza, an act to 24 amend the Penal Law; 25 5889A, by the Senate Committee on

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(518) 371-8910 1 Rules, an act to amend the Tax Law; 2 5889, by the Senate Committee on 3 Rules, an act to amend the Tax Law; 4 5906, by Senator Maziarz, an act to 5 amend the Parks, Recreation and Historic 6 Preservation Law; 7 5944, by Senator Morahan, an act to 8 amend the Retirement and Social Security Law; 9 5983, by the Senate Committee on 10 Rules, an act to amend the Tax Law; 11 5986, by Senator Leibell, an act to 12 amend the Criminal Procedure Law; 13 5991, by Senator Golden, an act to 14 amend the Penal Law; 15 6014, by the Senate Committee on 16 Rules, an act to amend the Tax Law; 17 And Senate Print 6019, by Senator 18 Skelos, an act to authorize the assessor. 19 All bills ordered direct to third 20 reading. 21 ACTING PRESIDENT DUANE: Senator 22 Skelos. 23 SENATOR SKELOS: Mr. President, 24 move to accept the report of the Rules 25 Committee.

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(518) 371-8910 1 ACTING PRESIDENT DUANE: All in 2 favor signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT DUANE: Opposed, 5 nay. 6 (No response.) 7 ACTING PRESIDENT DUANE: The 8 Rules report is accepted. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 for the members that are watching on TV, there 12 has not been a coup. 13 But is there any further business 14 to come before the Senate? 15 ACTING PRESIDENT DUANE: There is 16 no other business. 17 SENATOR SKELOS: There being 18 none, I move we stand adjourned until Monday, 19 June 11th, at 3:00 p.m., intervening days to 20 be legislative days. 21 ACTING PRESIDENT DUANE: On 22 motion, the Senate stands adjourned until 23 Monday, June 11th, at 3:00 p.m., intervening 24 days being legislative days. 25 SENATOR SKELOS: Thank you,

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(518) 371-8910 1 Mr. President. 2 ACTING PRESIDENT DUANE: Thank 3 you. 4 (Whereupon, at 2:21 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

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(518) 371-8910