Monday, June 11, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 11, 2007 11 3:25 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JAMES S. ALESI, 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 ALESI: The 3 Senate will come to order. 4 All rise. 5 I ask everyone present to join in 6 reciting the Pledge of Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT ALESI: The 10 invocation today will be given by Reverend 11 Peter G. Young, of Mother Theresa Community. 12 REVEREND YOUNG: Thank you, 13 Senator. Let us pray. 14 As we stand here today, may we 15 focus our attention to the beautiful stained 16 glass above the podium, because this is the 17 state seal that has the motto "Excelsior" -- 18 "ever upward." And it replaced the place of 19 the crown in 1777. Lady Liberty, with a 20 peasant cap representing democracy, has her 21 left foot stepping on the crown, representing 22 the rejection of royalty. 23 As citizens of the Empire State, we 24 have been the leader with our constitution, 25 12 years before the federal Constitution. As

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(518) 371-8910 1 a national leader, as a New York State 2 Senator, you have been given these great 3 privileges. 4 So, God, these Senators have a 5 great power and responsibility. May we pray 6 that they will always work in Your image and 7 honor all of our New York State citizens. 8 Amen. 9 ACTING PRESIDENT ALESI: Thank 10 you, Father Young. 11 Reading of the Journal. 12 THE SECRETARY: In Senate, 13 Sunday, June 10, the Senate met pursuant to 14 adjournment. The Journal of Saturday, June 9, 15 was read and approved. On motion, Senate 16 adjourned. 17 ACTING PRESIDENT ALESI: Without 18 objection, the Journal stands approved as 19 read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from

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(518) 371-8910 1 state officers. 2 Motions and resolutions. 3 Senator Farley. 4 SENATOR FARLEY: Thank you, 5 Mr. President. 6 On behalf of Senator Griffo, 7 Mr. President, I wish to call up his bill, 8 Print Number 5482, it's recalled from the 9 Assembly, and it's now at the desk. 10 ACTING PRESIDENT ALESI: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1120, by Senator Griffo, Senate Print 5482, an 14 act to amend the Social Services Law and the 15 Executive Law. 16 SENATOR FARLEY: Mr. President, I 17 now move to reconsider the vote by which this 18 bill was passed. 19 ACTING PRESIDENT ALESI: Call the 20 roll on reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 45. 23 SENATOR FARLEY: Mr. President, I 24 now offer the following amendments. 25 ACTING PRESIDENT ALESI: The

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(518) 371-8910 1 amendments are received. 2 SENATOR FARLEY: Mr. President, 3 on behalf of Senator Volker, I wish to call up 4 his bill, Print Number 1602, it's recalled 5 from the Assembly, and it's now at the desk. 6 ACTING PRESIDENT ALESI: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1089, by Senator Volker, Senate Print 1602, an 10 act to amend the Correction Law. 11 SENATOR FARLEY: Mr. President, I 12 now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT ALESI: Call the 15 roll on reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 45. 18 SENATOR FARLEY: Mr. President, I 19 now offer the following amendments. 20 ACTING PRESIDENT ALESI: The 21 amendments are received. 22 SENATOR FARLEY: Mr. President, I 23 now have amendments to be offered on the 24 following Third Reading Calendar bills. 25 On behalf of yourself, Senator

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(518) 371-8910 1 Alesi, on page 10, Calendar Number 343, Senate 2 Print 1459. 3 On behalf of Senator Larkin, on 4 page 13, Calendar Number 439, Senate Print 5 421. 6 On behalf of Senator Fuschillo, on 7 page 22, Calendar Number 724, Senate Print 8 4517. 9 On behalf of Senator LaValle, on 10 page 29, Calendar 889, Senate Print 3585. 11 On behalf of Senator Volker, on 12 page 36, Calendar Number 1041, Senate Print 13 3560A. 14 And on behalf of Senator Hannon, on 15 page 28, Calendar Number 863, Senate Print 16 Number 5118A. 17 And on behalf of Senator Fuschillo, 18 on page 28, Calendar Number 870, Senate Print 19 5543A. 20 And on behalf of Senator 21 DeFrancisco, on page 20, Calendar Number 661, 22 Senate Print 39A. 23 And on behalf of Senator Maltese, 24 on page 21, Calendar Number 693, Senate Print 25 4580.

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(518) 371-8910 1 And on behalf of Senator Robach, on 2 page 55, Calendar Number 1435, Senate Print 3 Number 1923. 4 And on behalf of myself, Senator 5 Farley, on page 46, Calendar Number 1276, 6 Senate Print 5288. 7 Mr. President, I move that these 8 bills retain their place on the Third Reading 9 Calendar. 10 ACTING PRESIDENT ALESI: All 11 amendments are received and adopted, and all 12 bills will retain their place on third 13 reading. 14 Senator Little. 15 SENATOR LITTLE: Thank you, 16 Mr. President. 17 Are there any substitutions at the 18 desk? 19 ACTING PRESIDENT ALESI: There 20 are. 21 SENATOR LITTLE: If we could make 22 them at this time. Thank you. 23 ACTING PRESIDENT ALESI: The 24 Secretary will read. 25 THE SECRETARY: On page 23,

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(518) 371-8910 1 Senator Skelos moves to discharge, from the 2 Committee on Rules, Assembly Bill Number 4964, 3 and substitute it for the identical Senate 4 Bill Number 2801, Third Reading Calendar 729. 5 On page 31, Senator Maziarz moves 6 to discharge, from the Committee on Rules, 7 Assembly Bill Number 3626A and substitute it 8 for the identical Senate Bill Number 1624A, 9 Third Reading Calendar 938. 10 On page 41, Senator Farley moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 8365 and substitute it 13 for the identical Senate Bill Number 4958, 14 Third Reading Calendar 1171. 15 On page 42, Senator Little moves to 16 discharge, from the Committee on Local 17 Government, Assembly Bill Number 7399 and 18 substitute it for the identical Senate Bill 19 Number 5083, Third Reading Calendar 1188. 20 On page 43, Senator O. Johnson 21 moves to discharge, from the Committee on 22 Environmental Conservation, Assembly Bill 23 Number 8202 and substitute it for the 24 identical Senate Bill Number 5836, Third 25 Reading Calendar 1212.

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(518) 371-8910 1 On page 43, Senator O. Johnson 2 moves to discharge, from the Committee on 3 Environmental Conservation, Assembly Bill 4 Number 8204 and substitute it for the 5 identical Senate Bill Number 5837, Third 6 Reading Calendar 1213. 7 On page 43, Senator O. Johnson 8 moves to discharge, from the Committee on 9 Environmental Conservation, Assembly Bill 10 Number 8212 and substitute it for the 11 identical Senate Bill Number 5838, Third 12 Reading Calendar 1214. 13 On page 43, Senator O. Johnson 14 moves to discharge, from the Committee on 15 Environmental Conservation, Assembly Bill 16 Number 8200 and substitute it for the 17 identical Senate Bill Number 5839, Third 18 Reading Calendar 1215. 19 And on page 55, Senator Griffo 20 moves to discharge, from the Committee on 21 Elections, Assembly Bill Number 641 and 22 substitute it for the identical Senate Bill 23 Number 6003, Third Reading Calendar 1484. 24 ACTING PRESIDENT ALESI: 25 Substitutions ordered.

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(518) 371-8910 1 Senator Little. 2 SENATOR LITTLE: Thank you, 3 Mr. President. May we please have the 4 noncontroversial reading of the calendar. 5 ACTING PRESIDENT ALESI: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 96, by Senator Saland, Senate Print 1773A, an 9 act to amend the Education Law. 10 ACTING PRESIDENT ALESI: Read the 11 last section. 12 THE SECRETARY: Section 23. This 13 act shall take effect immediately. 14 ACTING PRESIDENT ALESI: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 52. 18 ACTING PRESIDENT ALESI: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 373, by Senator Maltese, Senate Print 1771, an 22 act to amend the New York City Criminal Court 23 Act. 24 ACTING PRESIDENT ALESI: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT ALESI: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 52. 7 ACTING PRESIDENT ALESI: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 423, by Senator Little, Senate Print 1133, an 11 act to amend the Town Law, the Public Officers 12 Law, and the Village Law. 13 ACTING PRESIDENT ALESI: Read the 14 last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ALESI: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 52. 21 ACTING PRESIDENT ALESI: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 424, by Senator Little, Senate Print 1134, an 25 act to amend the Town Law, the Public Officers

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(518) 371-8910 1 Law, and the Village Law. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ALESI: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 52. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 505, by Senator Rath, Senate Print 4009A, an 14 act to amend the Social Services Law. 15 ACTING PRESIDENT ALESI: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ALESI: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT ALESI: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 630, by Senator Little, Senate Print 3814B, an 2 act to amend the General Business Law. 3 ACTING PRESIDENT ALESI: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 120th day. 7 ACTING PRESIDENT ALESI: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 53. 11 ACTING PRESIDENT ALESI: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 701, by Senator Seward, Senate Print 2968, an 15 act to amend the Insurance Law. 16 SENATOR DUANE: Lay it aside, 17 please. 18 ACTING PRESIDENT ALESI: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 729, substituted earlier by Member of the 22 Assembly Gottfried, Assembly Print Number 23 4964, an act to amend the Social Services Law. 24 ACTING PRESIDENT ALESI: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT ALESI: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 ACTING PRESIDENT ALESI: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 772, by Senator Skelos, Senate Print 3573, an 11 act to amend the Vehicle and Traffic Law. 12 ACTING PRESIDENT ALESI: Read the 13 last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ALESI: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 53. 20 ACTING PRESIDENT ALESI: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 773, by Senator Larkin, Senate Print 4040A, an 24 act to amend the Vehicle and Traffic Law. 25 ACTING PRESIDENT ALESI: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT ALESI: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 ACTING PRESIDENT ALESI: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 835, by Senator DeFrancisco, Senate Print 13 4210, an act to amend the Real Property 14 Actions and Proceedings Law and the Civil 15 Practice Law and Rules. 16 ACTING PRESIDENT ALESI: Read the 17 last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT ALESI: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 55. Nays, 24 0. 25 ACTING PRESIDENT ALESI: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 871, by Senator Young, Senate Print 5579A, an 4 act to amend the Agriculture and Markets Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. 13 ACTING PRESIDENT ALESI: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 874, by Senator Winner, Senate Print 3317A, an 17 act to amend the Highway Law. 18 ACTING PRESIDENT ALESI: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ALESI: 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 ALESI: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 880, by Senator Flanagan, Senate Print 5628A, 5 an act to amend the State Administrative 6 Procedure Act. 7 ACTING PRESIDENT ALESI: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 180th day. 11 ACTING PRESIDENT ALESI: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 899, by Senator Little, Senate Print 5110, an 19 act to amend the General Municipal Law. 20 ACTING PRESIDENT ALESI: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ALESI: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 55. 3 ACTING PRESIDENT ALESI: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 930, by Senator Golden, Senate Print 3333B, an 7 act to amend the Education Law. 8 ACTING PRESIDENT ALESI: Read the 9 last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the 180th day. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 55. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 938, substituted earlier today by Member of 20 the Assembly John, Assembly Print Number 21 3626A, an act to amend the Labor Law. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect January 1, 2009.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT ALESI: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 951, by Senator Lanza, Senate Print 3596, an 9 act authorizing the City of New York to 10 reconvey its interest. 11 ACTING PRESIDENT ALESI: There is 12 a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ALESI: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 ACTING PRESIDENT ALESI: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 988, by Senator Rath, Senate Print 5194A, an 24 act to amend the General Business Law. 25 ACTING PRESIDENT ALESI: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the earliest of 4 either the 30th day or the 390th day. 5 ACTING PRESIDENT ALESI: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 ACTING PRESIDENT ALESI: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 994, by Senator Larkin, Senate Print 4968, an 13 act to authorize the transfer of all funds. 14 ACTING PRESIDENT ALESI: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 ACTING PRESIDENT ALESI: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1018, by Senator Seward, Senate Print 3150A,

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(518) 371-8910 1 an act -- 2 SENATOR LITTLE: Lay it aside for 3 the day, please. 4 ACTING PRESIDENT ALESI: The bill 5 is laid aside for the day. 6 THE SECRETARY: Calendar Number 7 1081, by Senator Saland, Senate Print 5747, an 8 act to amend Chapter 425 of the Laws of 2002 9 amending the Education Law. 10 ACTING PRESIDENT ALESI: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT ALESI: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 ACTING PRESIDENT ALESI: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1115, by Senator Nozzolio, Senate Print 589, 22 an act to amend the Executive Law. 23 ACTING PRESIDENT ALESI: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 54. Nays, 6 1. Senator L. Krueger recorded in the 7 negative. 8 ACTING PRESIDENT ALESI: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1148, by Senator Maziarz, Senate Print 949, an 12 act to amend the Vehicle and Traffic Law. 13 ACTING PRESIDENT ALESI: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of 17 November. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 ACTING PRESIDENT ALESI: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1157, by Senator Rath, Senate Print 2964, an

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(518) 371-8910 1 act to amend the Alcoholic Beverage Control 2 Law. 3 ACTING PRESIDENT ALESI: Read the 4 last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 180th day. 7 ACTING PRESIDENT ALESI: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT ALESI: Senator 11 Montgomery, to explain her vote. 12 SENATOR MONTGOMERY: Yes, thank 13 you, Mr. President. 14 I note that this is legislation 15 that Senator Rath has introduced, and I note 16 that a number of similar bills have been 17 introduced by Senator Little as well, and I 18 certainly identify with the issue that they 19 are drawing attention to and trying to 20 address. 21 I do, however, have some concerns 22 that we keep trying to legislate this problem 23 and it does not seem to be helping us with 24 really addressing the serious problem with 25 young people and drinking, and drinking and

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(518) 371-8910 1 driving and what have you. 2 So I certainly hope that we can 3 begin to come up with a better way of trying 4 to deal with young people in particular who 5 are inclined to want to drink even if they 6 have to falsify their ID and whatever else 7 that they do. 8 I'm going to support this bill, 9 however, because it does not carry with it a 10 criminal penalty, it just carries with it some 11 restitution. So I'm going to vote yes. But I 12 think that we need to think about this much 13 more seriously as a social issue rather than 14 as a criminal issue. 15 Thank you, Mr. President. I vote 16 yes. 17 ACTING PRESIDENT ALESI: Senator 18 Montgomery will be recorded in the 19 affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 55. Nays, 22 0. 23 ACTING PRESIDENT ALESI: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1158, by Senator Padavan, Senate Print 3995, 2 an act to amend the Mental Hygiene Law. 3 ACTING PRESIDENT ALESI: Read the 4 last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect one year after it shall 7 have become law. 8 ACTING PRESIDENT ALESI: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. 12 ACTING PRESIDENT ALESI: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1171, substituted earlier today by Member of 16 the Assembly Jeffries, Assembly Print Number 17 8365, an act to amend the Banking Law and the 18 Real Property Actions and Proceedings Law. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT ALESI: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. 2 ACTING PRESIDENT ALESI: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1188, substituted earlier today by Member of 6 the Assembly Hoyt, Assembly Print Number 7399, 7 an act to amend the General Municipal Law. 8 ACTING PRESIDENT ALESI: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect January 1, 2009. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1191, by the Senate Committee on Rules, Senate 20 Print Number 5849A, an act to amend Chapter 21 370 of the Laws of 2001 relating to creating 22 the Clifton Park-Halfmoon library district. 23 ACTING PRESIDENT ALESI: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT ALESI: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1197, by Senator Winner, Senate Print 3219A, 10 an act to amend the Environmental Conservation 11 Law. 12 ACTING PRESIDENT ALESI: Read the 13 last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ALESI: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. Nays, 20 2. Senators Duane and Perkins recorded in the 21 negative. 22 ACTING PRESIDENT ALESI: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1212, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Colton, Assembly Print Number 2 8202, an act to amend the Environmental 3 Conservation Law. 4 ACTING PRESIDENT ALESI: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ALESI: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 55. Nays, 12 2. Senators Duane and LaValle recorded in the 13 negative. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1213, substituted earlier by Member of the 18 Assembly Espaillat, Assembly Print Number 19 8204, an act to amend the Environmental 20 Conservation Law. 21 ACTING PRESIDENT ALESI: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT ALESI: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 55. Nays, 4 2. Senators Duane and LaValle recorded in the 5 negative. 6 ACTING PRESIDENT ALESI: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1214, substituted earlier today by Member of 10 the Assembly Sweeney, Assembly Print Number 11 8212, an act to amend the Environmental 12 Conservation Law. 13 ACTING PRESIDENT ALESI: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ALESI: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 55. Nays, 21 2. Senators Duane and LaValle recorded in the 22 negative. 23 ACTING PRESIDENT ALESI: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1215, substituted earlier today by Member of 2 the Assembly Eddington, Assembly Print Number 3 8200, an act to amend the Environmental 4 Conservation Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. Nays, 13 2. Senators Duane and LaValle recorded in the 14 negative. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1326, by Senator C. Kruger, Senate Print 4542, 19 an act to amend the Family Court Act and the 20 Criminal Procedure Law. 21 ACTING PRESIDENT ALESI: Read the 22 last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 90th day. 25 ACTING PRESIDENT ALESI: 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 ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1333, by Senator Flanagan, Senate Print 690A, 8 an act to amend the Public Health Law. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT ALESI: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1430, by Senator LaValle, Senate Print 4735, 21 an act to amend the Vehicle and Traffic Law. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT ALESI: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1484, substituted earlier today by Member of 10 the Assembly Wright, Assembly Print Number 11 641, an act to amend Chapter 92 of the Laws of 12 2001, amending the Election Law. 13 ACTING PRESIDENT ALESI: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ALESI: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT ALESI: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1487, by Senator Fuschillo, Senate Print 25 4304B, an act to amend the Executive Law.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Read the 2 last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the first of January 5 next succeeding. 6 ACTING PRESIDENT ALESI: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1507, by Senator Padavan, Senate Print 3529A, 14 an act to amend the Agriculture and Markets 15 Law. 16 ACTING PRESIDENT ALESI: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 60th day. 20 ACTING PRESIDENT ALESI: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT ALESI: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1537, by Senator Lanza, Senate Print 5791A, an 3 act to amend the Penal Law. 4 ACTING PRESIDENT ALESI: Read the 5 last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ALESI: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT ALESI: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1544, by Senator Young, Senate Print 5995, an 16 act to authorize the conveyance of certain 17 state lands. 18 ACTING PRESIDENT ALESI: Read the 19 last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ALESI: 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 ALESI: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1555, by Senator Alesi, Senate Print 1915A, an 5 act to amend the Alcoholic Beverage Control 6 Law. 7 ACTING PRESIDENT ALESI: Read the 8 last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT ALESI: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1564, by Senator Larkin, Senate Print 571, an 19 act to amend the Agriculture and Markets Law, 20 the County Law, the Insurance Law and the Tax 21 Law. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT ALESI: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1574, by Senator Libous, Senate Print 5978, an 9 act to amend -- 10 SENATOR LITTLE: Lay it aside for 11 the day, please. 12 ACTING PRESIDENT ALESI: Lay the 13 bill aside for the day. 14 THE SECRETARY: Calendar Number 15 1575, by Senator Maltese, Senate Print 6007, 16 an act to amend the Labor Law. 17 ACTING PRESIDENT ALESI: Read the 18 last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 120th day. 21 ACTING PRESIDENT ALESI: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT ALESI: Senator 25 Saland, to explain his vote.

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(518) 371-8910 1 SENATOR SALAND: Thank you, 2 Mr. President, to explain my vote. 3 Mr. President, this bill deals with 4 the implementation of programs to prevent 5 workplace violence in public schools. We had 6 passed a bill last year which, among public 7 employers, had excluded public schools. I can 8 only assume that was in part because of the 9 SAVE program. 10 I certainly am not insensitive to 11 the importance of requiring programs to deal 12 with this critically important workplace 13 issue, but I do believe that it is more 14 appropriately dealt with in the SAVE program 15 that we passed -- both houses, in fact, had 16 passed, and it was signed into law several 17 years ago. 18 And for that reason, Mr. President, 19 I'm going to vote in the negative on this 20 bill. Thank you. 21 ACTING PRESIDENT ALESI: Senator 22 Saland will be recorded in the negative. 23 Announce the results. 24 THE SECRETARY: Ayes, 56. Nays, 25 1. Senator Saland recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1576, by Senator Breslin, Senate Print 2768, 5 an act authorizing the Division of Criminal 6 Justice Services. 7 ACTING PRESIDENT ALESI: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ALESI: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1577, by Senator LaValle, Senate Print 3310, 19 an act to amend the General Municipal Law. 20 ACTING PRESIDENT ALESI: Read the 21 last section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ALESI: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT ALESI: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1579, by Senator DeFrancisco, Senate Print 7 3785, an act to amend the State Finance Law 8 and the Judiciary Law. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT ALESI: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1581, by Senator Nozzolio, Senate Print 4855, 21 an act to amend the Executive Law. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1581 are 6 Senators Duane, Huntley and Perkins. 7 Ayes, 54. Nays, 3. 8 ACTING PRESIDENT ALESI: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1582, by Senator Young, Senate Print 4952A, an 12 act to amend the Environmental Conservation 13 Law. 14 ACTING PRESIDENT ALESI: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT ALESI: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1583, by Senator Wright, Senate Print 5352, an

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(518) 371-8910 1 act to amend the Tax Law. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ALESI: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1585, by Senator Golden, Senate Print 5730, an 14 act to amend the Penal Law. 15 ACTING PRESIDENT ALESI: Read the 16 last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT ALESI: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. Nays, 23 1. Senator Montgomery recorded in the 24 negative. 25 ACTING PRESIDENT ALESI: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1587, by Senator Golden, Senate Print 5767, an 4 act to amend the Penal Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 ACTING PRESIDENT ALESI: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1588, by Senator Lanza, Senate Print 5802, an 17 act to amend the Penal Law and the Criminal 18 Procedure Law. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT ALESI: 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 1588 are 3 Senators Duane, Montgomery and Perkins. 4 Ayes, 54. Nays, 3. 5 ACTING PRESIDENT ALESI: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1589, by the Senate Committee on Rules, Senate 9 Print 5889A, an act to amend the Tax Law. 10 ACTING PRESIDENT ALESI: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT ALESI: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT ALESI: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1590, by Senator Maziarz, Senate Print 5906 -- 22 SENATOR LITTLE: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT ALESI: Lay the 25 bill aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1591, by Senator Morahan, Senate Print 5944, 3 an act to amend the Retirement and Social 4 Security Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. Nays, 13 1. Senator Montgomery recorded in the 14 negative. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1593, by Senator Leibell, Senate Print 5986, 19 an act to amend the Criminal Procedure Law. 20 ACTING PRESIDENT ALESI: Read the 21 last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ALESI: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT ALESI: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1594, by Senator Golden, Senate Print 5991, an 7 act to amend the Penal Law. 8 ACTING PRESIDENT ALESI: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1596, by Senator Skelos, Senate Print 6019, an 20 act to authorize the assessor of the County of 21 Nassau to accept an application. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. Nays, 5 0. 6 ACTING PRESIDENT ALESI: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1597, by Senator Nozzolio, Senate Print 591B, 10 an act to amend the Education Law. 11 ACTING PRESIDENT ALESI: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of July 15 next succeeding. 16 ACTING PRESIDENT ALESI: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT ALESI: The bill 21 is passed. 22 Senator Little, that completes the 23 noncontroversial reading of the calendar. 24 SENATOR LITTLE: Thank you, 25 Mr. President. Now may we have the

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(518) 371-8910 1 controversial reading of the calendar. 2 ACTING PRESIDENT ALESI: The 3 Secretary will ring the bell. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 701, by Senator Seward, Senate Print -- 7 SENATOR LIZ KRUEGER: 8 Explanation, please. 9 ACTING PRESIDENT ALESI: 10 Explanation, Senator Seward. 11 SENATOR SEWARD: Certainly, 12 Mr. President. 13 The purpose of the bill before us 14 is to help individuals and businesses to 15 better afford health insurance by making it 16 easier for them to purchase high-deductible 17 health plans that are coupled with health 18 savings accounts. 19 Now, these types of policies were 20 created under the federal Medicare 21 Prescription Drug Improvement and 22 Modernization Act of 2003. However, here in 23 New York, current law prohibits these 24 high-deductible health plans and HSAs from 25 being offered by HMOs and being offered in the

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(518) 371-8910 1 individual market. So only other parts of the 2 health insurance market are able to make these 3 available to their clients. 4 So this would remove that 5 prohibition and allow for the greater 6 marketing of this type of health insurance 7 product. 8 This legislation goes right at the 9 heart of our efforts to bring down the number 10 of uninsured when it comes to health insurance 11 in New York State. Close to 3 million 12 New Yorkers continue to be without health 13 insurance. 14 It seems to me, Mr. President, that 15 we need to aggressively pursue solving that 16 problem. I think it has to be done in a 17 variety of ways. Certainly we have a number 18 of very good public programs, from Healthy 19 New York, Child Health Plus, Family Health 20 Plus. But also it seems to me we need to look 21 at innovative approaches to also help people 22 to be able to afford health insurance. 23 These high-deductible health 24 insurance plans, coupled with HSAs, are less 25 costly. And it just seems to me that we ought

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(518) 371-8910 1 to make this option available. It's not for 2 everyone, but we should, it seems to me, make 3 this option available to more New Yorkers so 4 that as they look down a menu of options they 5 have, this will be included with other 6 options. 7 ACTING PRESIDENT ALESI: Thank 8 you, Senator. 9 Senator Krueger. 10 SENATOR LIZ KRUEGER: Thank you, 11 Mr. President. On the bill. 12 ACTING PRESIDENT ALESI: Senator 13 Krueger, on the bill. 14 SENATOR LIZ KRUEGER: Thank you. 15 I appreciate the sponsor's 16 explanation. We've debated this bill several 17 years, although this bill does vary from your 18 previous bills. This bill doesn't have the 19 option for health insurance to no longer cover 20 certain illnesses, which was one serious 21 concern I had about the previous legislation. 22 So I want to thank the sponsor for 23 amending his bill to remove the option for 24 insurance companies to decide they don't want 25 to pay for certain types of illnesses. I

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(518) 371-8910 1 think that is certainly an improvement. 2 I'm still left with the dilemma, 3 though, that these high-deductible insurance 4 models really end up being for healthy and 5 wealthy people. If you've got the money to 6 pay $1,800 in deductibles and put into savings 7 accounts, you're right, this might be a good 8 insurance plan for you. 9 Although most people, when we talk 10 about people who can't afford insurance or the 11 uninsured, are working in low-wage jobs with 12 minimal benefits. They can't really put in 13 the $1,800 deductible or put the money into a 14 health savings account, because they don't 15 have that kind of money. 16 And so my concern about this 17 legislation, despite my appreciation for your 18 having amended it, is that we'll still find 19 ourselves in situations where, if companies 20 opt into this model, their insurees will not 21 be able to participate in getting primary 22 healthcare, in getting basic healthcare that 23 of course saves us all money down the road, 24 because they won't have that high deductible 25 to pay out.

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(518) 371-8910 1 I'm also very concerned with the 2 fact that if we set up a two-tier model of 3 insurance, the kind of insurance programs we 4 have today and the model where, with a high 5 deductible, you can basically shift the heavy 6 burden of the cost of healthcare to each 7 insuree, that insurance companies will 8 continue over time to bias themselves towards 9 the high deductible and we won't have a market 10 that has both kinds of insurance -- our 11 current system in the proposal you're 12 making -- but that insurance companies will 13 opt out of existing coverage plans, only offer 14 the high deductible, and at the end of the day 15 we will have only one model of health 16 insurance, the insurance that healthy and 17 wealthy people can pay for. And I don't think 18 that that does us any justice here in New York 19 State or is the model we want. 20 And again, with due respect to the 21 sponsor, for me, now in 2007, pretty much 22 everything that President Bush put into his 23 Medicare Prescription and Modernization Act of 24 December 8, 2003, in my opinion has been a 25 flop. So I don't think we should continue

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(518) 371-8910 1 down the model of the Medicare Reform Act of 2 2003. Because on each topic, as we've watched 3 it roll into effect, we've seen bad things 4 happen for health care coverage and insurance. 5 So I think we should look to other 6 people for models for success and recognize 7 that that bill wasn't a very good bill. 8 So I will continue to vote no on 9 the bill. Thank you very much. 10 Thank you, Mr. President. 11 ACTING PRESIDENT ALESI: Does any 12 other Senator wish to be heard? 13 If not, the debate is closed. 14 The Secretary will ring the bell. 15 Read the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect January 1, 2008. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT ALESI: Senator 22 Seward, to explain his vote. 23 SENATOR SEWARD: Yeah, thank you, 24 Mr. President. 25 The bill before us, it seems to me,

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(518) 371-8910 1 goes right at the heart of our efforts to cut 2 down the number of uninsured that we have in 3 the state of New York, which continues to be 4 too high. 5 Unlike Senator Krueger in her 6 comments, I do not have the same reservations 7 at all. The question is, where does the money 8 come from for -- 9 ACTING PRESIDENT ALESI: Excuse 10 me, Senator. 11 May we have some order, please. 12 SENATOR SEWARD: The question is, 13 where does the money come from to deposit into 14 one of these health savings accounts? 15 Mr. President, it comes from the 16 savings for both the employee and the 17 employer, the savings that they are going to 18 derive if they in fact decide to switch to one 19 of these policies. The savings are 20 significant. The employer can contribute to 21 the health savings account, and the employee 22 can also contribute to this health savings 23 account. That's where the money comes from. 24 And that money, deposited in a 25 health savings account, can be used to spend

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(518) 371-8910 1 for any expenses up to the deductible level. 2 Individuals, consumers of our state, can have 3 choices, they can make decisions regarding 4 their healthcare. 5 And this legislation, added to all 6 the other efforts that are underway in the 7 state of New York to cut down on the 8 uninsured, is going to help us a great deal 9 with that effort. 10 Mr. President, I vote aye. 11 ACTING PRESIDENT ALESI: Senator 12 Seward will be recorded in the affirmative. 13 Will those Senators voting in the 14 negative please raise your hands again. 15 Senator Rath, to explain her vote. 16 SENATOR RATH: Thank you, 17 Mr. President. To explain my vote. 18 I'd like to congratulate Senator 19 Seward and the hard work on this bill. This 20 has been around for three or four years. It 21 was a bill similar to one that I talked with 22 him about at that time, after having gone to 23 national conference where one of the most 24 important things that was developing in the 25 insurance industry throughout the country was

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(518) 371-8910 1 an opportunity to have health savings accounts 2 in place because of the dramatic savings that 3 could occur when an individual takes charge 4 and is responsible for their own healthcare. 5 In other words, if you take really 6 good care of yourself and don't have to spend 7 the money, then you get to save the money. 8 And in talking with some of our 9 good friends in the workers' unions, they were 10 caught on the idea that if the dollars were 11 saved for the public employees, then maybe 12 there would be an opportunity to renegotiate 13 contracts, because dollars would be saved 14 because the workers had taken care and in 15 charge of their own healthcare, so to speak. 16 And I have a bill that will follow 17 hot on the heels of this one -- maybe not this 18 year, but absolutely next year -- that will 19 make this a condition of employment for public 20 employee unions, that if they want to save the 21 money by taking care of their health care, 22 saving the dollars for us, their employer, 23 then we want to negotiate with them for higher 24 wages for those employees. 25 I congratulate you, Senator Seward.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Senator 2 Rath will be recorded in the affirmative. 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 701 are 6 Senators Adams, Diaz, Dilan, Duane, Gonzalez, 7 Huntley, C. Johnson, Klein, L. Krueger, C. 8 Kruger, Montgomery, Onorato, Parker, Perkins, 9 Sabini, Sampson, Savino, Schneiderman, Smith, 10 Stavisky, Stewart-Cousins and Thompson. 11 Absent from voting: Senators 12 Connor and Oppenheimer. 13 Ayes, 36. Nays, 22. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 Senator Little, that concludes the 17 controversial reading of the calendar. 18 SENATOR LITTLE: Thank you, 19 Mr. President. 20 There will be an immediate meeting 21 of the Rules Committee in the Senate 22 Conference Room. 23 The Senate stands at ease. 24 ACTING PRESIDENT ALESI: 25 Immediate meeting of the Rules Committee in

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(518) 371-8910 1 Conference Room 332. 2 Senator Nozzolio, for a motion. 3 SENATOR NOZZOLIO: Thank you, 4 Mr. President. 5 ACTING PRESIDENT ALESI: Senator, 6 one moment, please. 7 SENATOR NOZZOLIO: Thank you, 8 Mr. President. 9 I wish to call up Print Number 10 2129, recalled from the Assembly, which is now 11 at the desk. 12 ACTING PRESIDENT ALESI: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 478, by Senator LaValle, Senate Print 2129, an 16 act to amend the Highway Law. 17 SENATOR NOZZOLIO: Mr. President, 18 on behalf of Senator LaValle, I now wish to 19 reconsider the vote by which the bill was 20 passed. 21 ACTING PRESIDENT ALESI: Call the 22 roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 SENATOR NOZZOLIO: On behalf of

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(518) 371-8910 1 Senator LaValle, I offer the following 2 amendments. 3 ACTING PRESIDENT ALESI: 4 Amendments received. 5 The Senate stands at ease. 6 (Whereupon, the Senate stood at 7 ease at 4:14 p.m.) 8 (Whereupon, the Senate reconvened 9 at 4:24 p.m.) 10 ACTING PRESIDENT ALESI: Senator 11 Little. 12 SENATOR LITTLE: Thank you, 13 Mr. President. If we could return to motions 14 and resolutions. 15 ACTING PRESIDENT ALESI: Motions 16 and resolutions. 17 SENATOR LITTLE: Mr. President, 18 thank you. 19 On behalf of Senator Nozzolio, I 20 wish to call up bill Print Number 3756, 21 recalled from the Assembly, which is now at 22 the desk. 23 ACTING PRESIDENT ALESI: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 856, by Senator Nozzolio, Senate Print 3756, 2 an act authorizing the Commissioner of General 3 Services. 4 SENATOR LITTLE: Mr. President, I 5 now move to reconsider the vote by which this 6 bill was passed. 7 ACTING PRESIDENT ALESI: Call the 8 roll on reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. 11 SENATOR LITTLE: Mr. President, I 12 now offer the following amendments. 13 ACTING PRESIDENT ALESI: The 14 amendments are received. 15 SENATOR LITTLE: On behalf of 16 Senator Nozzolio, I wish to call up bill Print 17 Number 333A, recalled from the Assembly, which 18 is now at the desk. 19 ACTING PRESIDENT ALESI: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1346, by Senator Nozzolio, Senate Print 333A, 23 an act to amend the Correction Law. 24 SENATOR LITTLE: Mr. President, I 25 now move to reconsider the vote by which this

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(518) 371-8910 1 bill was passed. 2 ACTING PRESIDENT ALESI: Call the 3 roll on reconsideration. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 SENATOR LITTLE: Mr. President, I 7 now offer the following amendments. 8 ACTING PRESIDENT ALESI: The 9 amendments are received. 10 SENATOR LITTLE: Thank you. 11 Mr. President, on behalf of Senator 12 Morahan, I wish to call up bill Print Number 13 4073, recalled from the Assembly, which is now 14 at the desk. 15 ACTING PRESIDENT ALESI: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 911, by Senator Morahan, Senate Print 4073, an 19 act requiring the use of politically correct 20 terminology. 21 ACTING PRESIDENT ALESI: Call the 22 roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 SENATOR LITTLE: Mr. President, I

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(518) 371-8910 1 now offer the following amendments. 2 ACTING PRESIDENT ALESI: The 3 amendments are received. 4 SENATOR LITTLE: Thank you. 5 Mr. President, on a motion. On 6 behalf of Senator Fuschillo, on page number 20 7 I offer the following amendments to Calendar 8 Number 631, Senate Print Number 3854, and ask 9 that said bill retain its place on Third 10 Reading Calendar. 11 ACTING PRESIDENT ALESI: The 12 amendments are received, and the bill will 13 retain its place on third reading. 14 SENATOR LITTLE: Thank you. 15 Mr. President, may we return to the 16 reports of standing committees. I believe 17 there's a report of the Rules Committee at the 18 desk. 19 ACTING PRESIDENT ALESI: Reports 20 of standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 24 following bills: 25 Senate Print 1919, by Senator

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(518) 371-8910 1 Larkin, an act to amend the Vehicle and 2 Traffic Law; 3 4083B, by Senator Little, an act to 4 amend Chapter 80 of the Laws of 2000; 5 Senate Print 4321, by Senator 6 Libous, an act appointing certain individuals; 7 5450, by Senator Nozzolio, an act 8 to amend the Correction Law; 9 5684, by Senator Young, an act to 10 amend the Agriculture and Markets Law; 11 5718, by the Senate Committee on 12 Rules, an act to amend the County Law; 13 5745, by Senator Stachowski, an act 14 to amend the Racing, Pari-Mutuel Wagering and 15 Breeding Law; 16 5798, by the Senate Committee on 17 Rules, an act to amend the Tax Law; 18 5911, by Senator Golden, an act to 19 amend Chapter 642 of the Laws of 2004; 20 5925, by the Senate Committee on 21 Rules, an act to amend the Tax Law; 22 5967, by Senator DeFrancisco, an 23 act to amend the Surrogate's Court Procudre 24 Act; 25 5984, by Senator Leibell, an act to

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(518) 371-8910 1 amend the Waterfront Commission Act; 2 6038, by Senator Skelos, an act to 3 authorize; 4 And Senate Print 6039, by Senator 5 Alesi, an act to amend the Highway Law. 6 All bills ordered direct to third 7 reading. 8 ACTING PRESIDENT ALESI: Senator 9 Little. 10 SENATOR LITTLE: I move to accept 11 the report of the Rules Committee. 12 ACTING PRESIDENT ALESI: All in 13 favor of accepting the report of the Rules 14 Committee signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT ALESI: Opposed, 17 nay. 18 (No response.) 19 ACTING PRESIDENT ALESI: The 20 report is accepted. 21 Senator Little. 22 SENATOR LITTLE: Thank you, 23 Mr. President. Could we please take up 24 Calendar Number 1603. 25 ACTING PRESIDENT ALESI: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 1603, by the Senate Committee on Rules, Senate 4 Print 5718, an act to amend the County Law. 5 ACTING PRESIDENT ALESI: There is 6 a local fiscal impact note at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT ALESI: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 Senator Little. 17 SENATOR LITTLE: Mr. President, 18 for the information of the members, there will 19 be a Rules Committee meeting in the Senate 20 Conference Room at 5 o'clock, and then the 21 Rules Committee report will come back to the 22 Senate. 23 But we will not be taking up any 24 bills, so the Senate will stand at ease until 25 such time that we come back from the

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(518) 371-8910 1 committee. 2 ACTING PRESIDENT ALESI: There 3 will be a Rules Committee meeting at 5 o'clock 4 in Conference Room 332. No further business 5 will be taken up. We will stand at ease until 6 then. 7 The Senate stands at ease. 8 (Whereupon, the Senate stood at 9 ease at 4:32 p.m.) 10 (Whereupon, the Senate reconvened 11 at 5:04 p.m.) 12 ACTING PRESIDENT ALESI: Senator 13 Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could return to motions and resolutions. 16 On behalf of Senator DeFrancisco, I 17 wish to call up his bill, Print Number 911A, 18 recalled from the Assembly, which is now at 19 the desk. 20 ACTING PRESIDENT ALESI: Motions 21 and resolutions. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 619, by Senator DeFrancisco, Senate Print 25 911A, an act to amend the Executive Law.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, I 2 now move to reconsider the vote by which this 3 bill was passed. 4 ACTING PRESIDENT ALESI: Call the 5 roll on reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 SENATOR SKELOS: Mr. President, I 9 now offer the following amendments. 10 ACTING PRESIDENT ALESI: The 11 amendments are received. 12 SENATOR SKELOS: Mr. 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 ALESI: 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 247A, by Senator 24 Morahan, an act to amend the Tax Law; 25 428, by Senator Larkin, an act to

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(518) 371-8910 1 amend the Real Property Tax Law; 2 687, by Senator Flanagan, an act to 3 amend the Education Law; 4 800, by Senator Breslin, an act to 5 amend the Real Property Tax Law; 6 808, by Senator Maltese, an act to 7 amend the Public Officers Law; 8 898, by Senator LaValle, an act to 9 authorize; 10 1529, by Senator Fuschillo, an act 11 to amend the Real Property Tax Law; 12 1866, by Senator Rath, an act to 13 amend the Real Property Tax Law; 14 1914, by Senator Alesi, an act in 15 relation to directing; 16 2878, by Senator DeFrancisco, an 17 act to amend the Criminal Procedure Law; 18 2962, by Senator Rath, an act to 19 amend the Tax Law; 20 3104, by Senator Maziarz, an act to 21 amend the Vehicle and Traffic Law; 22 3119A, by Senator Nozzolio, an act 23 to amend the Criminal Procedure Law; 24 3574, by Senator Lanza, an act to 25 amend the Tax Law;

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(518) 371-8910 1 3650, by Senator Leibell, an act to 2 amend the Executive Law; 3 3944, by Senator Seward, an act to 4 amend the Tax Law; 5 4325, by Senator Winner, an act to 6 amend the Real Property Tax Law; 7 4482, by Senator Skelos, an act to 8 amend the Tax Law; 9 4488, by Senator Skelos, an act to 10 authorize; 11 4639A, by Senator Padavan, an act 12 to amend the Tax Law; 13 4692, by Senator Saland, an act to 14 amend the Town Law; 15 4791, by Senator Seward, an act to 16 amend the Tax Law; 17 4829, by Senator Saland, an act to 18 amend the Town Law; 19 4859, by the Senate Committee on 20 Rules, an act to authorize; 21 5037A, by Senator Nozzolio, an act 22 to amend the Penal Law; 23 5859, by Senator Trunzo, an act in 24 relation to authorizing; 25 5988, by the Senate Committee on

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(518) 371-8910 1 Rules, an act to amend the Hudson River Park 2 Act; 3 And Senate Print 5998A, by Senator 4 Saland, an act to amend the Education Law. 5 All bills ordered direct to third 6 reading. 7 ACTING PRESIDENT ALESI: Senator 8 Skelos. 9 SENATOR SKELOS: Mr. President, I 10 move to accept the report of the Rules 11 Committee. 12 ACTING PRESIDENT ALESI: All in 13 favor of accepting the report of the Rules 14 Committee signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT ALESI: Opposed, 17 nay. 18 (No response.) 19 ACTING PRESIDENT ALESI: The 20 report is accepted. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 on page number 48 I offer the following 24 amendments to Calendar Number 1305, Senate 25 Print 4704B, and ask that said bill retain its

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(518) 371-8910 1 place on the Third Reading Calendar. 2 ACTING PRESIDENT ALESI: The 3 amendments are received, and the bill will 4 retain its place on third reading. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, I 7 believe there is one more amendment. 8 ACTING PRESIDENT ALESI: There 9 is. 10 SENATOR SKELOS: Mr. President. 11 ACTING PRESIDENT ALESI: Senator 12 Skelos. 13 SENATOR SKELOS: On behalf of 14 Senator Winner, on page number 56 I offer the 15 following amendments to Calendar Number 1499, 16 Print Number 2366, and ask that said bill 17 retain its place on the Third Reading 18 Calendar. 19 ACTING PRESIDENT ALESI: The 20 amendments are received, and the bill will 21 retain its place on Third Reading Calendar. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 is there any further business at the desk? 25 ACTING PRESIDENT ALESI: There is

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(518) 371-8910 1 no further business, Senator. 2 SENATOR SKELOS: There being 3 none, I move we stand adjourned until Tuesday, 4 June 12th, at 3:00 p.m. 5 ACTING PRESIDENT ALESI: There 6 being no further business, on motion, the 7 Senate stands adjourned until Tuesday, 8 June 12th, at 3:00 p.m. 9 (Whereupon, at 5:10 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910