Tuesday, June 19, 2007

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

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT ROBACH: 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 ROBACH: The 10 invocation today will be given by Reverend 11 Charles M. Recker, pastor, Heritage Baptist 12 Church, New York, New York. 13 REVEREND RECKER: Good afternoon. 14 Let's bow together in prayer. 15 Father in heaven, we thank You that 16 we can bow in Your presence and say great are 17 You and great is Your faithfulness. 18 We thank You that You're the source 19 of all of our blessings, and we pray that You 20 would grant this Senate today wisdom and 21 success. 22 Bless these public servants, their 23 families, their staff. Give them peace in 24 their homes. And may they be able to finish 25 during this final legislative session and week

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(518) 371-8910 1 so that they can return to their families 2 swiftly. 3 Lord, we pray that You'll give them 4 wisdom, give them wisdom and faith, courage in 5 You, righteousness and truth, so that we may 6 have continued freedoms, real prosperity, and 7 lasting peace throughout our state and 8 throughout our great nation. 9 Father, we pray that You would 10 watch over our military as they wage a great 11 battle around the world. Give them safety. 12 We pray for our peace officers, and 13 even yesterday as Amanda Reif, the state 14 trooper, was shot in Potsdam. We pray for her 15 rapid healing, we pray for her husband and 16 even her 7-month-old son. Raise her up 17 quickly, dear Lord. 18 Watch over us now during this 19 session. Thank You for Your Senators, and 20 give them great wisdom, again. 21 We pray in Jesus' name. Amen. 22 ACTING PRESIDENT ROBACH: Reading 23 of the Journal. 24 THE SECRETARY: In Senate, 25 Monday, June 18, the Senate met pursuant to

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(518) 371-8910 1 adjournment. The Journal of Sunday, June 17, 2 was read and approved. On motion, Senate 3 adjourned. 4 ACTING PRESIDENT ROBACH: Without 5 objection, the Journal stands approved as 6 read. 7 Presentation of petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Reports of standing committees. 11 Reports of select committees. 12 Communications and reports from 13 state officers. 14 Motions and resolutions. 15 Senator Bruno. 16 SENATOR BRUNO: Mr. President, 17 can we at this time adopt the Resolution 18 Calendar, with the exception of 2942, 2989, 19 and 2995. 20 ACTING PRESIDENT ROBACH: All in 21 favor of adopting the Resolution Calendar, 22 with the exceptions of Resolutions Number 23 2942, 2989, and 2995, signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT ROBACH:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT ROBACH: The 4 Resolution Calendar, with exceptions, is 5 adopted. 6 Senator Bruno. 7 SENATOR BRUNO: Thank you, 8 Mr. President. 9 I believe I have a privileged 10 resolution at the desk, 2989. I would ask at 11 this time that it be read in its entirety and 12 move for its immediate adoption. 13 ACTING PRESIDENT ROBACH: The 14 Secretary will read. 15 THE SECRETARY: By Senator Bruno, 16 Legislative Resolution Number 2989, honoring 17 Marc Humbert, distinguished journalist, on his 18 retirement. 19 "WHEREAS, It is the sense of this 20 Legislative Body that government is best 21 served and most effective when the electorate 22 is interested, educated and well-informed, and 23 that individuals who contribute to it being so 24 merit the highest commendation; and 25 "WHEREAS, AP Political Editor in

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(518) 371-8910 1 New York State since 1995, Marc Humbert has 2 distinguished himself in his profession, 3 diligently and consistently throughout his 4 career not only recording New York State 5 Capitol happenings, but often himself bringing 6 to light news of great public interest and 7 import; and 8 "WHEREAS, Marc Humbert began his 9 journalism career at The Saratogian in 1966 10 and joined the Associated Press in Albany in 11 1977; and 12 "WHEREAS, Even before he became a 13 permanent, full-time newsman, he was busy 14 scooping the rest of the Legislative 15 Correspondents Association press corps in the 16 Capitol. In February 1977, his work helped AP 17 break the news of Governor Hugh Carey's plan 18 to reorganize the State Health Department; and 19 "WHEREAS, In 1980, Marc Humbert was 20 praised for a series of stories, including one 21 consumer-interest story on why some stations 22 were suddenly selling gasoline for 33 cents a 23 gallon; and 24 "WHEREAS, Also in that year, he 25 broke the news of a pending and unannounced

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(518) 371-8910 1 hike in automobile inspection fees, and 2 provided in-depth coverage of how the state 3 was keeping all 23 of its mental hospitals 4 open and their payrolls growing despite a 5 dramatic drop in the number of patients from 6 85,000 to 25,000 and, subsequently, also broke 7 the story on which of those hospitals would be 8 closed; and 9 "WHEREAS, In 1980, Marc Humbert was 10 also assigned to cover the Democratic National 11 Convention in New York City and the U.S. 12 Senate campaign of Alfonse D'Amato; and 13 "WHEREAS, In 1981, Marc Humbert 14 became AP's chief New York State political 15 writer and, later that year, in August, was 16 named its Capitol correspondent; and 17 "WHEREAS, He covered the Democratic 18 Convention again in 1984 in San Francisco and 19 broke the news that Mario Cuomo would be the 20 convention's keynote speaker, a speech which 21 fueled eight years of presidential speculation 22 surrounding the New York governor and 23 permanently linked Marc Humbert and Mario 24 Cuomo; and 25 "WHEREAS, Waiting for Mario Cuomo

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(518) 371-8910 1 became a sort of pastime for Marc Humbert, 2 who, in 1987 and 1991, aggressively tracked 3 Governor Cuomo while he made up his mind, or 4 didn't; and 5 "WHEREAS, Marc Humbert has also 6 earned accolades for covering three other 7 New York State governors -- Hugh Carey, George 8 Pataki, and Eliot Spitzer -- and he never met 9 a campaign finance filing he didn't like; and 10 "WHEREAS, In 1999 and 2000, he 11 distinguished himself covering the historic 12 run of then-First Lady Hillary Rodham Clinton 13 for the United States Senate. In the lead-up 14 to that campaign, Brills Content referred to 15 Marc Humbert as 'perhaps the single most 16 important New York reporter covering the 17 campaign'; and 18 "WHEREAS, As a result of his 19 tireless coverage of that campaign, which 20 included a world scoop on the news that 21 Rudolph Giuliani was dropping out of the race, 22 he won the Associated Press' prestigious 23 Gramling Award; and 24 "WHEREAS, Marc Humbert was also 25 first with the news in 2002 that another

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(518) 371-8910 1 Cuomo, this time Andrew Cuomo, was dropping 2 out of the governor's race; and 3 "WHEREAS, Marc Humbert was not just 4 a political writer, he was much more and was 5 just as comfortable covering crime stories 6 such as the parole of Gary McGivern or reform 7 of the Rockefeller Drug Laws, a train crash, a 8 state commissioner taking family vacations in 9 company cars, or a governor flying around the 10 state on taxpaper funds; and 11 "WHEREAS, For 30 years, Marc 12 Humbert has been justly respected and honored 13 for his work ethic, enthusiasm, and energetic 14 coverage of politics in New York State. 15 Hard-nosed and skeptical, he was also the 16 first to praise a colleague for a job well 17 done. His colleagues, in turn, have honored 18 him three times, most recently in 2007, with 19 the Legislative Correspondents Association's 20 Walter T. Brown Award for outstanding coverage 21 of New York State government; and 22 "WHEREAS, Marc Humbert is a true 23 professional whose thorough reporting, 24 balanced stories, and persistence in search of 25 news made him one of the most sought-after

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(518) 371-8910 1 reporters at the Capitol for promoting a 2 positive story and, by the same token, the one 3 to avoid when news was breaking on a tough, 4 contentious public policy issue; and 5 "WHEREAS, In reporting a story, 6 Marc Humbert has always been well-prepared and 7 relentless in pursuit of the facts, and his 8 weekly column has always been insightful and 9 informative and frequently contained 10 news-making information; and 11 "WHEREAS, It is with due cause and 12 proper resolve that this Legislative Body pays 13 tribute to Marc Humbert, recognizing his 14 outstanding journalism career, his dedication 15 to the Associated Press, his decades of 16 covering politics and state government at the 17 Capitol, and his many professional 18 accomplishments; now, therefore, be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to 21 congratulate and extend its warmest 22 appreciation and respect to Marc Humbert upon 23 the occasion of his retirement and to wish him 24 a healthy and happy future in which he may 25 enjoy his retirement with his wife, Carla;

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(518) 371-8910 1 their children, Jake and Addie; and their 2 grandchildren; and be it further 3 "RESOLVED, That a copy of this 4 resolution, suitably engrossed, be transmitted 5 to Marc Humbert." 6 ACTING PRESIDENT ROBACH: Senator 7 Bruno, on the resolution. 8 SENATOR BRUNO: Mr. President and 9 colleagues, you heard a recitation in a few 10 minutes about a gentleman, an individual, an 11 accomplished journalist over a 41-year 12 expanse. What you may not know is that this 13 very distinguished, decorated man, honored 14 repeatedly for his outstanding work, is a 15 constituent of mine. You knew that. 16 (Laughter.) 17 SENATOR BRUNO: Makes me look 18 good. 19 Tackawasick Lake. That is the 20 great metropolitan area that Mark lives in. 21 It's probably a community of at least 200, and 22 part of Rensselaer County. It is a beautiful 23 place where he and Carla, his wife -- 24 children, Jake and Addie -- live and they 25 entertain their grandchildren.

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(518) 371-8910 1 Now, I want to say to Marc, and we 2 appreciate his being here, that over the 3 41 years and the years that I have been here, 4 he started in what is my district, in 5 Saratoga, in '66. 1966. 6 There are, and I have to be guarded 7 about this, there are very few journalists 8 that you can point to that are pragmatic, they 9 are objective, they are pretty accurate in the 10 reflection of what they write. Because most 11 take licenses. They take kind of the easy way 12 out, the once over lightly. Marc, sometimes 13 to a fault, is too thorough, but he is on. 14 So, Marc, I want to just, on behalf 15 of my colleagues here, just say thank you. 16 Thanks for that, for the objectivity. For 17 those stories that you wrote that were very 18 painful for me personally, and hurtful, I 19 forgive you. 20 (Laughter.) 21 SENATOR BRUNO: And for those 22 very positive pieces that I'm trying to 23 recollect, I thank you. 24 (Laughter.) 25 SENATOR BRUNO: But you are one

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(518) 371-8910 1 of the best. I'm proud that you're a 2 constituent, proud that you are a neighbor. 3 And I know that what is happening, 4 as your colleagues know, is a transition from 5 the life that you have chosen to distinguish 6 yourself in over these last 41 years into 7 other endeavors, because you're high-energy 8 and enthusiastic and bright and intelligent 9 and articulate and a lot of other things that 10 if I were a writer, I could recite. But 11 that's you, and that's your description. 12 And, Mr. President, if we were 13 extolling all of the true virtues of Marc 14 Humbert, we would have to stay through the 15 weekend. So we don't have time for that, so 16 we put it down into what we've heard in a few 17 minutes. 18 But the bottom line is, 41 years of 19 dedicated, committed service to the public, to 20 a constituency here in this state and 21 sometimes nationally. Something to be proud 22 of, you individually, and for us to be proud 23 that we have known you and we know you and 24 that we have a relationship. 25 Congratulations. The best of

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(518) 371-8910 1 health. The best in everything that you will 2 be doing as we go forward throughout the 3 balance of your long and distinguished career 4 and life. 5 ACTING PRESIDENT ROBACH: Thank 6 you, Senator Bruno. 7 Senator Farley, on the resolution. 8 SENATOR FARLEY: Thank you, 9 Mr. President. 10 I also rise to wish Marc all 11 success and happiness in his retirement. But 12 you will note that in 1977 he left The 13 Saratogian, the same year that Senator Bruno 14 and I got elected. And that's one of our 15 papers. 16 And I notice that as he's extolling 17 all the virtues of Marc, he was including you, 18 Betty Flood, also in those wonderful remarks, 19 I'm confident. 20 Marc, who came from Ogdensburg, 21 New York, which many of us recognize -- I 22 don't see Senator Wright here, but Ogdensburg. 23 He's a graduate of Ogdensburg Free Academy, 24 which used to play Watertown, from which I 25 came from. And also not many people get out

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(518) 371-8910 1 of Ogdensburg and make it to such a high place 2 that you've arrived at, Marc. 3 But let me just say, as you look at 4 somebody's career, he's really arrived at the 5 pinnacle of reporting. And we're very, very 6 proud. You've done a fine job. Really, I 7 would say that every one of my colleagues 8 respect what you have done and respect you as 9 a journalist. And you've been a credit to 10 your profession, and you can't say much more. 11 Forty-one years. I was kind of 12 surprised at the length of your service, a 13 young fellow like yourself. But we all wish 14 you well in whatever you decide to do. And 15 good luck and Godspeed. 16 ACTING PRESIDENT ROBACH: Senator 17 Volker, on the resolution. 18 SENATOR VOLKER: Mr. President, 19 very quickly. 20 As was mentioned, that he came out 21 of Ogdensburg, and I -- let's just say that he 22 and I have been friends for a long, long time. 23 In fact, on several occasions we met up in the 24 North Country when I was up there and he was 25 visiting his family. And probably -- I will

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(518) 371-8910 1 say this. I have never really had a problem 2 with Marc Humbert. I haven't always agreed 3 with him, but I haven't had a problem with 4 him. 5 And I must tell you something, 6 Marc. For Senator Bruno these days to say 7 wonderful things about a reporter is not easy 8 to do. I mean, I've got to tell you that. 9 But you have been a super reporter 10 and a good friend, and we've known each other 11 for a long time. And I can't believe that 12 you've been around for 41 years -- it doesn't 13 seem possible. 14 But congratulations to you. Maybe 15 we'll meet again sometime up there in the 16 North Country where your family started out. 17 And there are very few finer people than you 18 that I have known over the years. 19 And congratulations and good luck 20 to you. And may our -- I hope our paths 21 across again in the future. 22 ACTING PRESIDENT ROBACH: The 23 question is on the resolution. All in favor 24 signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT ROBACH: The 5 resolution is adopted. 6 (Applause.) 7 ACTING PRESIDENT ROBACH: Senator 8 Bruno. 9 SENATOR BRUNO: Mr. President, I 10 would ask my colleagues in the Senate to join 11 us on this resolution. And anyone that would 12 care not to, privately share that with the 13 desk. Other than that, we'll all go on. 14 And one of the members that didn't 15 take the time to speak made the observation on 16 what a wonderful thing it is when a reporter 17 retires. 18 (Laughter.) 19 ACTING PRESIDENT ROBACH: At the 20 motion of Senator Bruno, all members of the 21 Senate will be on the resolution unless they 22 choose not to. Please indicate that at the 23 front desk. 24 Senator Bruno. 25 SENATOR BRUNO: Thank you,

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(518) 371-8910 1 Mr. President. 2 I believe there is another 3 resolution at the desk, by Senator Larkin. I 4 would ask that this at this time be read and 5 move for its immediate adoption. 6 ACTING PRESIDENT ROBACH: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Larkin, Legislative Resolution Number 2942, 10 commemorating the 75th Annual National 11 Convention of the Military Order of the Purple 12 Heart and celebrating the 225th Anniversary of 13 the Badge of Military Merit. 14 "WHEREAS, The dedication and 15 sacrifices of our military personnel ensure 16 our continued role as a nation which embodies 17 the ideals of democracy and is a defender of 18 liberty for peoples throughout the world; and 19 "WHEREAS, This Legislative Body is 20 justly proud to commemorate the 75th Annual 21 National Convention of the Military Order of 22 the Purple Heart and to celebrate the 225th 23 Anniversary of the Badge of Military Merit; 24 and 25 "WHEREAS, The 75th Annual National

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(518) 371-8910 1 Convention of the Military Order of the Purple 2 Heart will take place on August 5 through 10, 3 2007, at the Westchester Marriott in 4 Tarrytown, New York. The celebration of the 5 225th Anniversary of the Badge of Military 6 Merit is on Tuesday, August 7, 2007, at the 7 National Purple Heart Hall of Honor; and 8 "WHEREAS, Tuesday, August 7, 2007, 9 will be an all-day celebration of Purple Heart 10 Day. Participants will visit Washington's 11 Headquarters and the Purple Heart Hall of 12 Honor, located in the New Windsor Cantonment 13 State Historic Site, where the final 14 encampment of George Washington's Army took 15 place; and 16 "WHEREAS, Events scheduled for 17 Purple Heart Day include a reenactment of 18 General Washington presenting the Badge of 19 Military Merit to a Continental Army soldier 20 and participation of the 3rd Infantry 'Old 21 Guard' Fife & Drum Corps and their Continental 22 Army contingent. There will also be a flyover 23 by military aircraft and a skydiving 24 exhibition of the Purple Heart parachute; and 25 "WHEREAS, During this festive week,

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(518) 371-8910 1 everyone will have the opportunity to visit 2 George Washington's headquarters on the Hudson 3 River in Newburgh, where the Badge of Military 4 Merit was created; and 5 "WHEREAS, Specifically a combat 6 decoration, the Purple Heart is awarded to 7 members of the armed forces of the United 8 States who are wounded by an instrument of war 9 at the hands of the enemy or posthumously to 10 the next of kin in the name of those who are 11 killed in action or die of wounds received in 12 action; and 13 "WHEREAS, In 1932, the organization 14 now known as the Military Order of the Purple 15 Heart was formed for the protection and mutual 16 interest of all who have received the 17 decoration through the Institute of Heraldry; 18 and 19 "WHEREAS, Composed exclusively of 20 Purple Heart recipients, the Military Order of 21 the Purple Heart is the only veterans' service 22 organization comprised strictly of 23 combat-wounded veterans; and 24 "WHEREAS, In addition, wives, 25 mothers, daughters, step-daughters and adopted

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(518) 371-8910 1 daughters of Purple Heart recipients are 2 eligible to belong to the Ladies' Auxiliary of 3 the Military Order of the Purple Heart, which 4 also does important work nationally and 5 locally in veterans' hospitals. Such lineal 6 descendants are eligible to belong as 7 associate members; and 8 "WHEREAS, The mission of the 9 Military Order of the Purple Heart is to 10 foster an environment of goodwill and 11 camaraderie amongst combat-wounded veterans, 12 promote patriotism, support legislative 13 initiatives of the Military Order of the 14 Purple Heart and provide service to all 15 veterans and their families; and 16 "WHEREAS, The Badge of Military 17 Merit is considered to be the first official 18 military combat badge of the United States 19 armed forces; and 20 "WHEREAS, The Badge of Military 21 Merit was first announced in General George 22 Washington's general orders to the Continental 23 Army issued on August 7, 1782, at the 24 headquarters in Newburgh, New York; and 25 "WHEREAS, After the Revolutionary

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(518) 371-8910 1 War, the Badge of Military Merit fell into 2 disuse although it was never officially 3 abolished. In 1932, the United States War 4 Department authorized the new Purple Heart 5 Medal for soldiers who had previously received 6 either a Wound Chevron or the Army Wound 7 ribbon. At that time, it was also determined 8 that the Purple Heart Medal would be 9 considered the official successor decoration 10 to the Badge of Military Merit; and 11 "WHEREAS, It is the sense of this 12 Legislative Body that when events and 13 organizations of such noble aims and 14 accomplishments are brought to our attention, 15 they should be celebrated and recognized by 16 all the citizens of the great State of 17 New York; now, therefore, be it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to commemorate 20 the 75th Annual National Convention of the 21 Military Order of the Purple Heart and to 22 celebrate the 225th Anniversary of the Badge 23 of Military Merit; and be it further 24 "RESOLVED, That a copy of this 25 resolution, suitably engrossed, transmitted it

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(518) 371-8910 1 the Military Order of the Purple Heart." 2 ACTING PRESIDENT ROBACH: Senator 3 Larkin, on the resolution. 4 SENATOR LARKIN: August the 7th 5 forever will be a day in America that we as 6 Americans must take a time to stand up and 7 recognize that this little piece of metal that 8 we call the Purple Heart was initiated in 1932 9 at the request of General MacArthur to 10 then-President Hoover. Because prior to that, 11 the Badge of Merit was given to only enlisted 12 men, and it didn't have to be for being 13 wounded, it had to do with something of your 14 performance of duty. 15 In 1932, in a little hamlet in 16 Orange County called Vails Gate, 5,000 17 people -- and we realize the only ones who had 18 cars in those days was my good friend 19 Breslin -- thought I'd wake you up. But to 20 see that that many people would come to an 21 event of that nature to show appreciation for 22 what was done. 23 There were 151 individuals awarded 24 Purple Hearts going back to World War I. This 25 award that had laid dormant for so many years

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(518) 371-8910 1 was quickly addressed by all the services. 2 Because at first it was just the War 3 Department, which is now what we call the 4 Department of Army. And after that, it became 5 common. 6 At Pearl Harbor, there were 3,000 7 Purple Hearts issued for December the 7th. 8 And we know since then has what has happened. 9 We have approximately 1.8 million Americans 10 that have been awarded the Purple Heart for 11 being killed or wounded in combat. 12 We started a stamp to honor the 13 Purple Heart in January 2000. The stamp 14 became effective in 2003. And then when it 15 cost too much money to run the Postal 16 Department, we had to raise it. We just 17 raised it again. 18 And now we have the National Purple 19 Heart Hall of Honor, to pay tribute to those 20 Americans who were wounded or killed in 21 combat. 22 I know a lot of people think, well, 23 it's just a badge. But how about those of us 24 who have had to write home to a mother or 25 father or grandmother and say "I regret to

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(518) 371-8910 1 inform you that your loved one was killed or 2 wounded this morning in combat." That is a 3 lasting remark that will stay with you 4 forever. 5 So, you know, while we think war is 6 bad and we think of a lot of things that we 7 don't like, we should take a moment and think 8 of all the freedoms that we enjoy because men 9 and women of the armed forces of the United 10 States have put their life on the line and 11 they proudly wear the Purple Heart. 12 Thank you, Mr. President. 13 ACTING PRESIDENT ROBACH: Thank 14 you, Senator Larkin. 15 Senator Bonacic, on the resolution. 16 SENATOR BONACIC: Briefly. 17 You know, when I go to veterans' 18 events, there's not enough teachers of 19 patriotism and military history. And it's 20 important for our younger generation to know 21 the sacrifices that the bravest of the brave, 22 both men and women, who have made the ultimate 23 sacrifice or who have served in the military, 24 have done for one generation after the other. 25 But I stand to congratulate Senator

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(518) 371-8910 1 Larkin, because he is a teacher of military 2 history. He wears his patriotism on his arm 3 and in his heart every day. 4 And I can say without doubt that 5 there is no one in the state of New York that 6 has done more to enhance the significance of 7 the purple heart and to honor those who have 8 served it, in creating that national museum, 9 really, for the Purple Heart in Orange County, 10 than Senator Larkin. 11 Senator Larkin, I thank you for 12 what you have done and what you continue to do 13 as a teacher of patriotism and military 14 history. 15 Thank you, Mr. President. 16 ACTING PRESIDENT ROBACH: The 17 question is on the resolution. All in favor 18 signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT ROBACH: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT ROBACH: The 24 resolution is adopted. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if you would, with the consent of Senator 3 Larkin, open up the resolution for sponsorship 4 by the entire Senate. 5 If anybody wishes not to sponsor 6 the resolution, they should notify the desk. 7 ACTING PRESIDENT ROBACH: Thank 8 you, Senator Skelos. 9 That resolution will be open to any 10 member that would like to be on. If you 11 choose not to, please signify that up front at 12 the desk. 13 SENATOR SKELOS: Mr. President, 14 there's a resolution at the desk, 2995, by 15 Senator Breslin. If we could have the title 16 read and move for its immediate adoption. 17 ACTING PRESIDENT ROBACH: The 18 Secretary will read. 19 THE SECRETARY: By Senators 20 Breslin and Bruno, Legislative Resolution 21 Number 2995, mourning the death of Diva de 22 Loayza, distinguished citizen and devoted 23 member of her community. 24 ACTING PRESIDENT ROBACH: Senator 25 Larkin -- or, excuse me, Senator Breslin, on

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(518) 371-8910 1 the resolution. 2 SENATOR BRESLIN: No greater 3 compliment could you offer than to mistake me 4 for Senator Larkin. 5 I rise on this resolution in a very 6 bittersweet way. Diva de Loayza was a 7 well-known fashion designer who was born and 8 raised in the Albany area who was tragically 9 killed when she was on a bicycle back in early 10 June. 11 She went off to New York, to 12 Parsons, to develop her fashion designing 13 career, ended up as a major player in 14 San Francisco, Los Angeles, with her avant 15 garde designs. 16 She then returned to her roots in 17 Albany, where she opened up a shop; continuing 18 to add to the economy of New York State, 19 opened another store in Troy, Senator Bruno's 20 district; opened up another store in Syracuse, 21 Senator DeFrancisco's district; and opened up 22 an additional store in Senator Winner's 23 district. 24 She was a wonderful human being who 25 did much for not only this Capital District

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(518) 371-8910 1 area but for the state of New York. And she 2 brought her accomplishments throughout the 3 state of New York. And it is a humbling duty 4 to stand up and praise someone who achieved so 5 much in such a short life. 6 Thank you, Mr. President. 7 ACTING PRESIDENT ROBACH: Thank 8 you, Senator Breslin. 9 No other Senators wishing to be 10 heard, the question is on the resolution. All 11 in favor signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT ROBACH: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT ROBACH: The 17 resolution is adopted. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could go to the noncontroversial reading 21 of the calendar. 22 ACTING PRESIDENT ROBACH: Senator 23 Skelos. 24 SENATOR SKELOS: First, Mr. 25 President, if we could go to motions and

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(518) 371-8910 1 resolutions. And I think there are also 2 substitutions at the desk. 3 ACTING PRESIDENT ROBACH: Motions 4 and resolutions. 5 Senator Griffo. 6 SENATOR GRIFFO: Thank you, 7 Mr. President. 8 I wish to call up Print Number 9 2360B, recalled from the Assembly, which is 10 now at the desk. 11 ACTING PRESIDENT ROBACH: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 136, by Senator Fuschillo, Senate Print 2360B, 15 an act to amend the General Business Law. 16 ACTING PRESIDENT ROBACH: Senator 17 Griffo. 18 SENATOR GRIFFO: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT ROBACH: Call 22 the roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 SENATOR GRIFFO: Mr. President, I

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(518) 371-8910 1 now offer the following amendments. 2 ACTING PRESIDENT ROBACH: The 3 amendments are received. 4 SENATOR GRIFFO: Mr. President, I 5 wish to call up Print Number 3854A, recalled 6 from the Assembly, which is now at your desk. 7 ACTING PRESIDENT ROBACH: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 631, by Senator Fuschillo, Senate Print 3854A, 11 an act to amend the General Business Law. 12 SENATOR GRIFFO: Mr. President, I 13 now move to reconsider the vote by which this 14 bill was passed. 15 ACTING PRESIDENT ROBACH: Call 16 the roll on reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 SENATOR GRIFFO: Mr. President, I 20 now offer the following amendments. 21 ACTING PRESIDENT ROBACH: The 22 amendments are received. 23 SENATOR GRIFFO: Mr. President, 24 amendments are offered to the following Third 25 Reading Calendar bills:

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(518) 371-8910 1 Sponsored by Senator DeFrancisco, 2 on page 14, Calendar Number 498, Senate Print 3 Number 4025; 4 Sponsored by Senator Fuschillo, 5 page 18, Calendar Number 626, Senate Print 6 Number 2970A; 7 Again by Senator Fuschillo, page 8 number 25, Calendar Number 870, Senate Print 9 Number 5543B; 10 And by Senator Skelos, page number 11 49, Calendar Number 1732, Senate Print Number 12 6167. 13 I now move that these bills retain 14 their place on the order of third reading. 15 ACTING PRESIDENT ROBACH: The 16 amendments are received and adopted, and the 17 bills will retain their place on the Third 18 Reading Calendar. 19 The Secretary will read the 20 substitutions. 21 THE SECRETARY: On page 16, 22 Senator Bonacic moves to discharge, from the 23 Committee on Rules, Assembly Bill Number 8798 24 and substitute it for the identical Senate 25 Bill Number 3970A, Third Reading Calendar 588.

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(518) 371-8910 1 On page 26, Senator Volker moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 7432 and substitute it 4 for the identical Senate Bill Number 4995, 5 Third Reading Calendar 925. 6 On page 29, Senator Marcellino 7 moves to discharge, from the Committee on 8 Environmental Conservation, Assembly Bill 9 Number 7179 and substitute it for the 10 identical Senate Bill Number 5327A, Third 11 Reading Calendar 1005. 12 On page 32, Senator Volker moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 6311 and substitute it 15 for the identical Senate Bill Number 4694, 16 Third Reading Calendar 1109. 17 On page 34, Senator Volker moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 7845B and substitute it 20 for the identical Senate Bill Number 5233B, 21 Third Reading Calendar 1143. 22 On page 35, Senator Stewart-Cousins 23 moves to discharge, from the Committee on 24 Rules, Assembly Bill Number 3172 and 25 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 4136, Third Reading Calendar 1185. 2 On page 49, Senator Maltese moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 8370 and substitute it 5 for the identical Senate Bill Number 6188, 6 Third Reading Calendar 1734. 7 And on page 50, Senator Marcellino 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 6943 and 10 substitute it for the identical Senate Bill 11 Number 4011, Third Reading Calendar 1762. 12 ACTING PRESIDENT ROBACH: 13 Substitutions ordered. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could go to the noncontroversial reading 17 of the calendar. 18 ACTING PRESIDENT ROBACH: The 19 Secretary will read. 20 SENATOR SKELOS: Mr. President, 21 before we go to the noncontroversial reading, 22 the resolution that was passed, 2995, by 23 Senator Breslin, cosponsored by Senators Bruno 24 and Saland, they would like to have the entire 25 resolution opened up to the entire membership.

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(518) 371-8910 1 If anybody wishes not to sponsor 2 it, they should notify the desk. 3 ACTING PRESIDENT ROBACH: Thank 4 you, Senator Skelos. 5 Let me announce to the members, on 6 the Breslin resolution, that will be also 7 offered to all members for cosponsorship. If 8 for some reason you do not wish to cosponsor 9 that, please indicate so at the front desk. 10 Thank you. 11 The Secretary will conduct the 12 reading of the noncontroversial calendar. 13 THE SECRETARY: Calendar Number 14 121, by Senator Maziarz, Senate Print 948C, an 15 act to amend the Labor Law. 16 ACTING PRESIDENT ROBACH: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT ROBACH: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 132, by Senator Padavan, Senate Print 1462, an 3 act to amend the Agriculture and Markets Law. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 120th day. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. Nays, 12 1. Senator Seward recorded in the negative. 13 ACTING PRESIDENT ROBACH: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 306, by Senator Seward, Senate Print 804A, an 17 act to amend Chapter 650 of the Laws of 1998 18 amending the Insurance Law. 19 ACTING PRESIDENT ROBACH: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT ROBACH: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT ROBACH: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 337, by Senator Morahan, Senate Print 2443, an 6 act to amend the General Business Law. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 60th day. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 359, by Senator Maziarz, Senate Print 3674, an 19 act to amend the Labor Law. 20 ACTING PRESIDENT ROBACH: Read 21 the last section. 22 THE SECRETARY: Section 6. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ROBACH: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT ROBACH: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 412, by Senator Robach, Senate Print 3745, an 7 act to amend the Education Law. 8 ACTING PRESIDENT ROBACH: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT ROBACH: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT ROBACH: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 427, by Senator Flanagan, Senate Print 3688A, 20 an act authorizing the state to convey letters 21 patent. 22 ACTING PRESIDENT ROBACH: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT ROBACH: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 446, by Senator Larkin, Senate Print 2895A, an 9 act to amend the Racing, Pari-Mutuel Wagering 10 and Breeding Law. 11 ACTING PRESIDENT ROBACH: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT ROBACH: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT ROBACH: 19 Announce the results. 20 THE SECRETARY: Ayes, 58. Nays, 21 1. Senator Duane recorded in the negative. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 588, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Kavanagh, Assembly Print Number 2 8798, an act to amend the Private Housing 3 Finance Law. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 671, by Senator Seward, Senate Print 3687A, an 16 act to allow a filing. 17 ACTING PRESIDENT ROBACH: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ROBACH: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT ROBACH: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 716, by Senator Young, Senate Print 3714A, an 4 act to amend the Agriculture and Markets Law. 5 ACTING PRESIDENT ROBACH: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ROBACH: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT ROBACH: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 718, by Senator Young, Senate Print 4454A, an 17 act to amend the Real Property Tax Law. 18 ACTING PRESIDENT ROBACH: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ROBACH: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 719, by Senator Hannon, Senate Print 599A, an 5 act to amend the Public Health Law. 6 ACTING PRESIDENT ROBACH: Read 7 the last section. 8 THE SECRETARY: Section 9. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT ROBACH: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT ROBACH: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 755, by Senator Fuschillo, Senate Print 5050C, 18 an act to amend the Executive Law and the 19 General Business Law. 20 ACTING PRESIDENT ROBACH: Read 21 the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the first of January 24 next succeeding. 25 ACTING PRESIDENT ROBACH: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT ROBACH: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 817, by Senator Flanagan, Senate Print 4175A, 8 an act to amend the Public Authorities Law. 9 ACTING PRESIDENT ROBACH: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ROBACH: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT ROBACH: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 885, by Senator Little, Senate Print 1132, an 21 act to amend the Town Law and the Village Law. 22 ACTING PRESIDENT ROBACH: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT ROBACH: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 917, by Senator Morahan, Senate Print 5398A, 9 an act to establish a temporary task force. 10 ACTING PRESIDENT ROBACH: Read 11 the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect immediately. 14 ACTING PRESIDENT ROBACH: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT ROBACH: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 925, substituted earlier today by Member of 22 the Assembly Hoyt, Assembly Print Number 7432, 23 an act to amend the Public Authorities Law. 24 ACTING PRESIDENT ROBACH: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT ROBACH: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT ROBACH: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 954, by Senator Padavan, Senate Print 4603, an 11 act to amend the Administrative Code of the 12 City of New York and the Education Law. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT ROBACH: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 955, by Senator Padavan, Senate Print 5223, an 25 act to amend the Administrative Code of the

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(518) 371-8910 1 City of New York. 2 ACTING PRESIDENT ROBACH: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT ROBACH: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 968, by Senator Hannon, Senate Print 4992A, an 14 act to amend the Public Health Law. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 972, by Senator Farley, Senate Print 899A, an 2 act to amend the Education Law. 3 ACTING PRESIDENT ROBACH: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect April 1, 2008. 7 ACTING PRESIDENT ROBACH: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT ROBACH: Senator 11 Duane, to explain his vote. 12 SENATOR DUANE: Thank you, 13 Mr. President. 14 I'm thrilled to vote for this bill, 15 which is an institution which is, I'd have to 16 say, shared by Senator Liz Krueger and myself. 17 So with a tip of my not wearing a 18 hat to Senator Farley, I will be voting in the 19 affirmative. 20 ACTING PRESIDENT ROBACH: Thank 21 you, Senator Duane. 22 Announce the results. 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1005, substituted earlier today by Member of 3 the Assembly Weisenberg, Assembly Print Number 4 7179, an act to amend Chapter 203 of the Laws 5 of 1999 amending the Environmental 6 Conservation Law. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1019, by Senator Winner, Senate Print 3606, an 19 act to amend the Alcoholic Beverage Control 20 Law. 21 ACTING PRESIDENT ROBACH: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 60th day. 25 ACTING PRESIDENT ROBACH: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. Nays, 4 1. Senator Duane recorded in the negative. 5 ACTING PRESIDENT ROBACH: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1074, by Senator Griffo, Senate Print 3657A, 9 an act to amend the Education Law. 10 ACTING PRESIDENT ROBACH: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT ROBACH: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT ROBACH: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1079, by Senator Nozzolio, Senate Print 5000A, 22 an act in relation to legalizing certain acts. 23 ACTING PRESIDENT ROBACH: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT ROBACH: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1100, by Senator Fuschillo, Senate Print 10 5541A, an act to amend the Executive Law and 11 the Criminal Procedure Law. 12 ACTING PRESIDENT ROBACH: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1109, substituted earlier today by Member of 24 the Assembly Abbate, Assembly Print Number 25 6311, an act to amend the Retirement and

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(518) 371-8910 1 Social Security Law. 2 ACTING PRESIDENT ROBACH: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ROBACH: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1114, by Senator Maziarz, Senate Print 516A, 14 an act to amend the Real Property Law. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 120th day. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1135, by Senator Little, Senate Print 5704B, 2 an act to amend the General Municipal Law and 3 the Town Law. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 10. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1141, by Senator Rath, Senate Print 3950, an 16 act to amend the Parks, Recreation and 17 Historic Preservation Law. 18 ACTING PRESIDENT ROBACH: Read 19 the last section. 20 THE SECRETARY: Section 6. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT ROBACH: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT ROBACH: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1143, substituted earlier today by Member of 6 the Assembly Peoples, Assembly Print Number 7 7845B, an act to amend the Parks, Recreation 8 and Historic Preservation Law. 9 ACTING PRESIDENT ROBACH: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ROBACH: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT ROBACH: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1152, by Senator Flanagan, Senate Print 4354A, 21 an act to amend the Highway Law. 22 ACTING PRESIDENT ROBACH: There 23 is a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT ROBACH: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1153, by Senator Bonacic, Senate Print 4370, 10 an act to amend the Vehicle and Traffic Law. 11 ACTING PRESIDENT ROBACH: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 ACTING PRESIDENT ROBACH: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT ROBACH: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1159, by Senator Morahan, Senate Print 4001, 23 an act to amend the Mental Hygiene Law. 24 ACTING PRESIDENT ROBACH: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT ROBACH: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT ROBACH: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1163, by Senator Morahan, Senate Print 5473A, 11 an act to amend the Mental Hygiene Law. 12 ACTING PRESIDENT ROBACH: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1185, substituted earlier today by Member of 24 the Assembly Pretlow, Assembly Print Number 25 3172, an act to amend Chapter 761 of the Laws

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(518) 371-8910 1 of 1976 authorizing the County of Westchester. 2 ACTING PRESIDENT ROBACH: There 3 is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT ROBACH: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1307, by Senator Little, Senate Print 5364A, 15 an act to amend the Real Property Actions and 16 Proceedings Law. 17 ACTING PRESIDENT ROBACH: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ROBACH: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. Nays, 25 2. Senators Duane and Sampson recorded in the

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(518) 371-8910 1 negative. 2 ACTING PRESIDENT ROBACH: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1334, by Senator DeFrancisco, Senate Print 6 1265A, an act to amend the Public Health Law. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 180th day. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1382, by Senator Stachowski, Senate Print 19 1340A, an act to authorize the Town of Eden in 20 the County of Erie. 21 ACTING PRESIDENT ROBACH: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT ROBACH: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1402, by Senator Wright, Senate Print 5744A, 9 an act to amend the Public Service Law. 10 ACTING PRESIDENT ROBACH: Read 11 the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect immediately. 14 ACTING PRESIDENT ROBACH: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT ROBACH: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1498, by Senator Seward, Senate Print 2180B, 22 an act to amend the Vehicle and Traffic Law 23 and the General Business Law. 24 ACTING PRESIDENT ROBACH: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect January 1, 2008. 3 ACTING PRESIDENT ROBACH: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT ROBACH: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1499, by Senator Winner, Senate Print 2366A, 11 an act to amend the Tax Law. 12 ACTING PRESIDENT ROBACH: A local 13 fiscal impact note is at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of the 17 month next succeeding. 18 ACTING PRESIDENT ROBACH: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1595, by the Senate Committee on Rules, Senate

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(518) 371-8910 1 Print Number 6014A, an act to amend the Tax 2 Law. 3 ACTING PRESIDENT ROBACH: Read 4 the last section. 5 THE SECRETARY: Section 6. This 6 act shall take effect immediately. 7 ACTING PRESIDENT ROBACH: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1616, by Senator LaValle, Senate Print 898B, 15 an act to authorize payment. 16 ACTING PRESIDENT ROBACH: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT ROBACH: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1626, by Senator Seward, Senate Print 3944A, 3 an act to amend the Tax Law. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1686, by Senator Griffo, Senate Print 6100, an 16 act to amend the Civil Service Law. 17 ACTING PRESIDENT ROBACH: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ROBACH: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT ROBACH: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1720, by Senator Padavan, Senate Print 5224, 4 an act to amend the Alcoholic Beverage Control 5 Law. 6 ACTING PRESIDENT ROBACH: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT ROBACH: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT ROBACH: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1726, by Senator Seward, Senate Print 5775, an 18 act to amend the Vehicle and Traffic Law. 19 ACTING PRESIDENT ROBACH: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 120th day. 23 ACTING PRESIDENT ROBACH: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT ROBACH: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1729, by Senator Larkin, Senate Print 6012A, 7 an act to amend the Alcoholic Beverage Control 8 Law. 9 ACTING PRESIDENT ROBACH: Read 10 the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT ROBACH: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT ROBACH: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1733, by Senator Rath, Senate Print 6184, an 22 act to amend the Vehicle and Traffic Law. 23 ACTING PRESIDENT ROBACH: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT ROBACH: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1734, substituted earlier today by Member of 10 the Assembly Abbate, Assembly Print Number 11 8370, an act to allow members of the Board of 12 Education. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT ROBACH: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1735, by Senator LaValle, Senate Print 1668, 25 an act to amend the Executive Law.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT ROBACH: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT ROBACH: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1736, by Senator Trunzo, Senate Print 2506B, 13 an act in relation to authorizing. 14 ACTING PRESIDENT ROBACH: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT ROBACH: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. Nays, 22 2. Senators Bonacic and Larkin recorded in 23 the negative. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1737, by Senator Young, Senate Print -- 3 SENATOR SKELOS: Lay it aside for 4 the day, please. 5 ACTING PRESIDENT ROBACH: The 6 bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 1758, by Senator Winner, Senate Print 6148, an 9 act to amend Chapter 987 of the Laws of -- 10 SENATOR DUANE: Lay it aside, 11 please. 12 ACTING PRESIDENT ROBACH: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 1761, by Senator Skelos, Senate Print 3223A, 16 an act to amend the Workers' Compensation Law. 17 ACTING PRESIDENT ROBACH: Read 18 the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ROBACH: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT ROBACH: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1762, substituted earlier today by Member of 4 the Assembly Conte, Assembly Print Number 5 6943, an act to authorize Pederson-Krag Center 6 of New York. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. Nays, 15 2. Senators Bonacic and Larkin recorded in 16 the negative. 17 ACTING PRESIDENT ROBACH: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1763, by Senator Marcellino, Senate Print 21 4612A, an act to authorize the Incorporated 22 Village of Muttontown. 23 ACTING PRESIDENT ROBACH: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. Nays, 6 1. Senator Bonacic recorded in the negative. 7 ACTING PRESIDENT ROBACH: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1764, by Senator Marcellino, Senate Print 11 4717A, an act to authorize the Incorporated 12 Village of Muttontown. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. Nays, 21 1. Senator Bonacic recorded in the negative. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1765, by Senator Lanza, Senate Print 5609A, an

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(518) 371-8910 1 act to amend the Environmental Conservation 2 Law. 3 ACTING PRESIDENT ROBACH: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT ROBACH: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1766, by Senator O. Johnson, Senate Print 15 6057, an act to amend the Environmental 16 Conservation Law. 17 ACTING PRESIDENT ROBACH: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ROBACH: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. Nays, 25 2. Senators Duane and LaValle recorded in the

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(518) 371-8910 1 negative. 2 ACTING PRESIDENT ROBACH: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1767, by Senator Bruno, Senate Print 6288, an 6 act to amend the Education Law. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT ROBACH: Senator 15 LaValle, to explain his vote. 16 SENATOR LaVALLE: Mr. President, 17 thank you very much. 18 This bill and the one to follow are 19 bills that would make the kinds of commitments 20 that we should be making in the intellectual 21 capital in this state. 22 Here, in this bill, we are 23 rewarding our veterans who have fought in any 24 war additional tuition aid up to $4,350, which 25 is the SUNY tuition. And I think that, at

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(518) 371-8910 1 minimum, is what we can do to reward and thank 2 our veterans who have gone to war, served our 3 nation to protect our freedoms. 4 Thank you, Mr. President. I vote 5 in the affirmative. 6 ACTING PRESIDENT ROBACH: Senator 7 LaValle will be recorded in the affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1768, by Senator Bruno, Senate Print 6289, an 14 act to amend the Education Law and the Tax 15 Law. 16 ACTING PRESIDENT ROBACH: Read 17 the last section. 18 THE SECRETARY: Section 12. This 19 act shall take effect immediately. 20 ACTING PRESIDENT ROBACH: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT ROBACH: Senator 24 Stavisky, to explain her vote. 25 SENATOR STAVISKY: To explain my

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(518) 371-8910 1 vote, Mr. President. 2 I too support a commitment to our 3 students, but I think we have to have a 4 different kind of commitment, particularly to 5 students in the middle class. 6 Several weeks ago Senator Smith, 7 Senator Stewart-Cousins, Senator Sabini and I 8 held a press conference to suggest ways we can 9 distribute the TAP money more equitably. When 10 students graduate from college, they face 11 tremendous debts. The amount has gone up in 12 the -- it has doubled in the last 15 years or 13 so. 14 We are mortgaging our students' 15 future. And we have to make sure that TAP 16 accurately reveals our middle-class students' 17 needs. Our proposal was for $183 million, but 18 distributed quite differently. 19 And, Mr. President, because of my 20 concerns, I vote no. 21 ACTING PRESIDENT ROBACH: Senator 22 LaValle, to explain his vote. 23 SENATOR LaVALLE: Thank you very 24 much, Mr. President. 25 This bill before us is one of the

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(518) 371-8910 1 most expansive student financial aid proposals 2 to come before this body. It truly is 3 legislation that will provide the hardworking 4 middle-income taxpayer with relief, relief 5 through the TAP program by expanding each 6 category. 7 It takes the maximum income from 8 $80,000 to $100,000 and also the award at the 9 $100,000 net taxable income to $1,000. That 10 right now is $500. 11 As everyone here knows, we were the 12 first in the nation for a tuition tax credit 13 tax deductibility law. We're bringing that 14 up-to-date. Presently the deductibility is 15 $10,000. We're making that $14,000. The tax 16 credit goes from 4 percent to 5 percent. 17 Students walk away with loans of $15,000, on 18 the average, if you are public, at a public 19 university, or $21,000 for those in the 20 private sector. 21 Once again, we could be the first 22 state in the nation to adopt a proposal like 23 this, to give those students with incomes of 24 $50,000 or less up to a $1,000 tax credit. 25 There are other proposals on math

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(518) 371-8910 1 and science to give awards up to $1,000 a year 2 for five years, and also to expand the math 3 teacher program from 500 awards to 700. 4 This proposal would go a long way 5 to help students get their dream, do it in a 6 way where they don't carry a huge debt. And 7 it is really focused on the one category of 8 students who would get the most help, is that 9 middle-income student. 10 So I vote in the affirmative, 11 Mr. President. 12 ACTING PRESIDENT ROBACH: Senator 13 LaValle will be recorded in the affirmative. 14 And I was remiss; Senator Stavisky 15 will be recorded in the negative. 16 Senator Krueger, to explain your 17 vote. 18 SENATOR LIZ KRUEGER: Thank you, 19 Mr. President. I also rise to explain my 20 vote. 21 Because it's true, when you look at 22 this bill, you think why wouldn't we want to 23 expand TAP for middle-income students. And 24 the fact is I would argue we want to do a lot 25 to increase young people's ability to go to

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(518) 371-8910 1 college in the state of New York, middle 2 income and low income. 3 So my problem with this legislation 4 and my reason to vote against it is it doesn't 5 do very much for low-income students who need 6 to go to college in this state. And I think 7 it's wrong for us to move a package that will 8 cost a significant amount of money in the 9 state budget, money we actually haven't 10 explained where we're getting it -- but to 11 imagine creating a new program of expanded TAP 12 that in fact will do so little for low-income 13 students. 14 And some of the data I have is that 15 this enhancement package would basically not 16 assist any of the 80,000 students who are 17 already at the maximum TAP level in the state 18 of New York, most of whom are CUNY students. 19 And that this package would in fact 20 statistically most assist students going to 21 independent colleges, not CUNY and SUNY. 22 Now, I love independent private 23 colleges. I'm a graduate of two of them. But 24 I also know, because I sit through budget 25 fights here every year, that we're not doing

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(518) 371-8910 1 enough for CUNY and SUNY and that, frankly, 2 compared to most states in this country, we 3 underfund our public university system at a 4 level that should embarrass us. 5 So if we're increasing money to 6 help students go to college -- and I want 7 every student who wants to go to college to be 8 able to go to college -- I have a serious 9 problem with our passing a piece of 10 legislation that technically would really do 11 nothing for CUNY and SUNY in comparison to all 12 the additional monies it would provide to 13 independent colleges. 14 I'm also very concerned that the 15 way the language is written in this bill, 16 students who might have defaulted on a federal 17 loan wouldn't be eligible for TAP. And 18 there's a lot of reasons why students end up 19 defaulting on federal loans. Most likely, 20 that they were wrongly steered or directed 21 into the wrong program for them, and perhaps 22 not even a legitimate university or college. 23 Perhaps one of those questionable colleges 24 that continues to exist in New York State in 25 these private proprietary schools, some of

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(518) 371-8910 1 which are terrific and some of which are not. 2 So having failed in one goal of 3 starting school and ending up potentially 4 defaulting on a federal loan, now under this 5 legislation we would deny them to the right to 6 try again to get some financial aid to go to a 7 college to get the degree, to be able to 8 graduate, become a taxpaying citizen and 9 ironically have the ability to make good on 10 the defaulted loan they already have on their 11 record. 12 So I want to do the right thing for 13 college students and their families in this 14 state, and I want to make sure we pass laws 15 that help every student get to college. But I 16 am too concerned about who is impacted and who 17 is not helped in this bill to be comfortable 18 voting for it. So I vote no. 19 Thank you, Mr. President. 20 ACTING PRESIDENT ROBACH: Senator 21 Krueger will be recorded in the negative. 22 Senator Adams, to explain his vote. 23 SENATOR ADAMS: Thank you, 24 Mr. President. 25 As I was sitting here I was trying

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(518) 371-8910 1 to think of one person that I know that didn't 2 default on a student loan, and I don't know 3 any. 4 You know, the government still 5 receives the money even when you default on a 6 student loan. So we shouldn't give the 7 impression that a default on a student loan 8 means that the government is not going to 9 follow this individual throughout his entire 10 life until -- with interest. 11 So the concept and the logic behind 12 taking away financial assistance to someone 13 who can't pay their student loan because they 14 don't have the money is just not making sense 15 to me. 16 And how that helps middle-class 17 New Yorkers -- it ignored low-income 18 New Yorkers. And then when you look at the 19 remedial aspect, those who take remedial 20 courses, they will also be hurt by this bill. 21 So there are good parts of this 22 bill that does allow New Yorkers to experience 23 the American dream. But you know what? 24 There's parts that turn low-income 25 individuals' American dream into a nightmare.

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(518) 371-8910 1 To attach a student loan default to a 2 requirement for someone to receive financial 3 assistance is not logical. It's not logical. 4 And if you ask yourself, in 5 honesty, those who went through law school, 6 those who went through their master's degree, 7 those who went through their bachelor's, have 8 you defaulted on your loan, would you have 9 liked to see financial assistance removed from 10 you because of that. No one defaults merely 11 because it's a popular thing to do. They do 12 it because they don't have the financial 13 needs. 14 I think this is the wrong 15 direction. I think it hurts not only 16 low-income but it hurts middle-income, the 17 average mother and father, homeowner, who put 18 two mortgages on their home to send their 19 child through school. College tuition is 20 increasing at a rate that's unbelievable. All 21 New Yorkers are experiencing the difficulties 22 of paying for college. And this is going in 23 the wrong direction by penalizing individuals 24 who make financial mistakes. 25 I vote no on this bill.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Senator 2 Adams will be recorded in the negative. 3 And could I remind my colleagues 4 that when we are on explaining our vote, try 5 and stick to that two-minute explanation, if 6 we could. 7 With that introduction, Senator 8 Parker. 9 SENATOR PARKER: Yes, 10 Mr. President, to explain my vote. 11 ACTING PRESIDENT ROBACH: To 12 explain your vote. 13 SENATOR PARKER: In keeping with 14 the two minutes, let me go through my prepared 15 speech. Four score and seven years ago -- 16 (Laughter.) 17 SENATOR PARKER: Let me just very 18 quickly, first, thank Senate Bruno for 19 bringing this bill forward and raising this 20 issue. I want to congratulate him on doing 21 something that's very important but not very 22 popular, which is looking out for middle-class 23 and middle-income people. This is truly, 24 truly needed. 25 I think that this bill is a great

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(518) 371-8910 1 start. I would love for us to continue to 2 work on it, to expand it, because it really 3 does need to include a number of low-income 4 individuals who certainly. Certainly need the 5 help getting education. 6 Education is really the most 7 important thing that we can provide as a 8 government for our citizenship, and not only 9 helps with income and economic opportunity but 10 it certainly helps in terms of creating better 11 citizens who are able to have better outcomes 12 as relates to housing, as relates to their 13 health and other things. 14 And so I would like to support this 15 bill. I think that if we were able to include 16 low-income individuals, I certainly could vote 17 yea on it. But unfortunately, it does not. 18 And so until we can in fact get 19 this where it needs to be where we continue 20 both to take care of middle-income folks and 21 low-income students, I have to vote nay. 22 ACTING PRESIDENT ROBACH: Senator 23 Parker will be recorded in the negative. 24 Senator Schneiderman, to explain 25 his vote.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Thank you, 2 Mr. President. 3 I concur with a lot of the 4 sentiments expressed by my colleagues. Very 5 simply, we can do better. We must do better. 6 This is not a bill that is going to pass and 7 become a law this year. As we go back into 8 our negotiations, we have to do better. We 9 must do better. 10 TAP and our entire system of higher 11 education has been under assault for years by 12 the prior gubernatorial administration. We 13 have a new Governor who's willing to take a 14 new look at all of these issues. We have to 15 do better especially for the poorest students 16 in our state. I vote no. 17 Thank you. 18 ACTING PRESIDENT ROBACH: Senator 19 Schneiderman will be recorded in the negative. 20 Announce the results. 21 Oh, I'm sorry, excuse me. Senator 22 DeFrancisco, to explain his vote. 23 SENATOR DeFRANCISCO: Yes, I'm 24 going to vote aye, and I just want to clarify 25 one thing.

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(518) 371-8910 1 What this bill does is increase the 2 income level from $80,000 to $100,000 where 3 people would be -- families would be entitled 4 for TAP awards. And as far as I understand 5 it, low income is included in that figure. 6 It's not that we're providing a 7 window that only handles middle class or upper 8 class. It still provides for grants for low 9 income. And it may not be a perfect bill, but 10 it's as close to what we're going to get this 11 session, and I vote yes. 12 ACTING PRESIDENT ROBACH: Senator 13 DeFrancisco will be recorded in the 14 affirmative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1768 are 18 Senators Adams, Gonzalez, L. Krueger, Parker, 19 Schneiderman and Stavisky. Also Senator 20 Hassell-Thompson. Also Senator Serrano. Also 21 Senator Huntley. 22 Ayes, 52. Nays, 9. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 Senator Skelos, that completes the

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(518) 371-8910 1 noncontroversial reading of the calendar. 2 SENATOR SKELOS: Mr. President, I 3 believe there's one bill on the controversial 4 calendar: 1758, by Senator Winner. 5 ACTING PRESIDENT ROBACH: The 6 Secretary will ring the bell. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1758, by Senator Winner, Senate Print 6148 -- 10 SENATOR LIZ KRUEGER: 11 Explanation. 12 ACTING PRESIDENT ROBACH: Senator 13 Winner. 14 SENATOR WINNER: Thank you, 15 Mr. President. 16 This is a very, very simple bill. 17 This is a bill to allow the board of governors 18 of the New York State Dental Association, 19 which is a representative component body 20 representing 13 component dental societies, to 21 choose the officers of the New York State 22 Dental Society rather than having them be 23 chosen at a meeting of the general membership 24 at their annual meeting. 25 The original statute having them

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(518) 371-8910 1 selected by the membership at large was 2 created in 1868, and it at that time was 3 justifiable. They had even called for a 4 quorum of 20 members. And now they have 5 14,000 members of the New York State Dental 6 Society. 7 The board of governors is a truly 8 representative body of that society, and they 9 believe that it is appropriate for the purpose 10 of proper democracy within their own 11 association, which is what they're choosing to 12 do, to have the selection of their officers 13 made in this manner. 14 ACTING PRESIDENT ROBACH: Senator 15 Krueger. 16 SENATOR LIZ KRUEGER: Thank you, 17 Mr. President. If the sponsor would yield 18 please. 19 ACTING PRESIDENT ROBACH: Will 20 you yield, Senator Winner, for an additional 21 question? 22 SENATOR WINNER: Under the 23 penalty of a root canal, I will be glad to 24 yield. 25 (Laughter.)

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Senator 2 Krueger, I think that's a yes. 3 SENATOR LIZ KRUEGER: I certainly 4 won't be performing any root canal, so it 5 won't be from me, Senator Winner. 6 Thank you, Mr. President. 7 I confess freely I know little 8 about the dental association's history of how 9 they decide their leadership and elect their 10 officers. But I do understand that the state 11 dental association is created by the votes of 12 the county dental associations. And it's been 13 brought to me by my county dental association 14 that they actually don't like the idea of 15 instead of 14,000 dentists having the ability 16 to vote for who would be the officers of the 17 statewide board, that instead it would be 18 decided by the majority of a quorum of 20 -- 19 which I think would be 13 or 14, under their 20 rules -- who could decide, instead of 14,000 21 dentists. 22 And I do understand the point of 23 the bill and the memo that, yes, you probably 24 won't get 14,000 dentists or any percentage 25 thereof coming to Albany for a specific

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(518) 371-8910 1 meeting. In fact, I have been advised that 2 it's approximately a hundred who show up. 3 Which would still be more than some percentage 4 of 20. 5 But what I don't understand is if 6 we are concerned about keeping democracy and 7 letting the dentists decide who their own 8 board executives should be, why don't we just 9 change the law and allow for a paper ballot or 10 a proxy vote or an electronic vote? 11 My concern is one -- and you used 12 the term of democracy -- why shouldn't the 13 14,000 dentists of New York State be allowed 14 to decide their own leadership? And yes, 15 perhaps calling them all up to one meeting is 16 antiquated and time-consuming, but why not 17 paper ballots or another form of voting? 18 SENATOR WINNER: Mr. President, 19 the society itself has made a determination 20 that this is how they wish to conduct their 21 affairs. 22 I would point out parenthetically, 23 in the spirit of democracy and the effort of 24 participation, that there are 2,000 -- this 25 fact might come as a interesting fact for you.

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(518) 371-8910 1 In the 2006 annual meeting of the New York 2 State Dental Society, there are 2,000 general 3 members of the society from New York City. 4 And out of those 2,000 members, some of whom 5 apparently have contacted you and are very 6 concerned about their lack of democratic 7 process or involvement -- I know this might 8 surprise you, but the grand total of zero went 9 to the meeting. So the fact of the matter is 10 that there were only 40 people that went to 11 the last annual meeting. 12 And as such, they feel that for the 13 purposes of not having a result that is so 14 skewed that they would have the overall 15 general overseeing board of directors, similar 16 to corporations that have the board of 17 directors elect the officers of the 18 corporation, that they will have a board of 19 directors, which they have, which is 20 representative of all 13 societies in the 21 state, choose the officers. 22 And they believe that that would be 23 very -- because they are elected from their 24 local societies, that they would be able to be 25 representative of what was truly sought for in

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(518) 371-8910 1 the area of how to perform a proper root 2 canal. 3 SENATOR LIZ KRUEGER: Mr. 4 President, on the bill. 5 ACTING PRESIDENT ROBACH: Senator 6 Krueger, on the bill. 7 SENATOR LIZ KRUEGER: Thank you. 8 Thank you to the sponsor for his 9 clarification. 10 Well, actually, there's 2361 11 members from my borough, Manhattan. And I 12 suspect, although I don't know for sure, 13 Queens, Brooklyn, Bronx and Staten Island 14 probably all also have some dentists. So -- 15 yes, he's saying yes, they do. There are zero 16 dentists in Brooklyn, Bronx, Queens and Staten 17 Island? I know that's not true. But if there 18 are 2361 in Manhattan, there are some larger 19 number in the rest of the boroughs. 20 My understanding also is that the 21 decision to ask for this bill and to shift 22 from 9,000 voting members out of 13,000 23 dentists in New York State was decided also by 24 a handful of people as an add-on to a board 25 meeting I believe that was in Puerto Rico. So

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(518) 371-8910 1 I'm not sure how many members would have been 2 there. Although I hope Puerto Rico was lovely 3 that time of year. 4 SENATOR DIAZ: It's always. 5 SENATOR LIZ KRUEGER: It always 6 is, says Senator Diaz. 7 So frankly I think democracy allows 8 for the greatest number of people to 9 participate. I'm not entirely sure why the 10 State Legislature decides the membership and 11 officer status of the Dental Association of 12 New York State; apparently it dates back to 13 the 1800s. So I'm not sure how many other 14 issues like this will come before us. 15 But my county has told me they're 16 concerned about this. They've asked me to 17 vote no. They think everybody should have an 18 opportunity to vote on the leadership of their 19 state association. 20 And again, in a world of modern 21 technology and even mailed ballots, I don't 22 think it's so hard to come up with an 23 alternative to inviting everyone to one 24 meeting each year. So I'll vote no. 25 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Senator 2 Krueger will be recorded in the negative. 3 Is there any other Senator wishing 4 to be heard? If none, debate is closed. 5 The Secretary will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ROBACH: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT ROBACH: 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1758 are 16 Senators Adams, L. Krueger, Morahan and 17 Parker. 18 Ayes, 57. Nays, 4. 19 ACTING PRESIDENT ROBACH: The 20 bill is passed. 21 Senator Skelos, that completes the 22 controversial reading of the calendar. 23 SENATOR SKELOS: For the 24 information of the members, there will be 25 another Rules report coming out that we'll be

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(518) 371-8910 1 voting on a little bit later. 2 And now we're going to go to 3 reports of standing committees for the report 4 of the Judiciary Committee. 5 ACTING PRESIDENT ROBACH: Reports 6 of standing committees. 7 The Secretary will read. 8 THE SECRETARY: Senator 9 DeFrancisco, from the Committee on Judiciary, 10 reports the following nominations. 11 As a justice of the Supreme Court 12 of the Third Judicial District, Christopher E. 13 Cahill, of Kingston. 14 ACTING PRESIDENT WINNER: Senator 15 DeFrancisco. 16 SENATOR DeFRANCISCO: Thank you, 17 Mr. President -- 18 ACTING PRESIDENT WINNER: Senator 19 DeFrancisco, if you could bear with me for a 20 moment. 21 Could we have some order in the 22 chamber, please. This is very important 23 business. 24 Thank you, Senator DeFrancisco. 25 SENATOR DeFRANCISCO: Thank you.

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(518) 371-8910 1 Each of the nominees that came 2 before the committee today had their 3 qualifications fully explored prior to the 4 meeting, and each were found to be 5 well-qualified, with backgrounds that are 6 appropriate to become a judge in the state of 7 New York. And in addition, each one of them 8 passed unanimously in the Judiciary Committee 9 and are recommended to the full Senate for 10 confirmation. 11 And I would request, Mr. President, 12 that you call the first nomination. 13 ACTING PRESIDENT WINNER: The 14 question is on the confirmation of Christopher 15 E. Cahill, of Kingston, as a justice of the 16 Supreme Court of the Third Judicial District. 17 Senator DeFrancisco. 18 SENATOR DeFRANCISCO: Mr. 19 President, I would move the nomination and 20 request that you recognize Senator Bonacic to 21 second the nomination. 22 ACTING PRESIDENT WINNER: Senator 23 Bonacic, for the purpose of a second. 24 SENATOR BONACIC: Thank you, 25 Mr. President.

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(518) 371-8910 1 I stand in support of the 2 nomination of Christopher Cahill. He appeared 3 before our Judiciary Committee earlier today 4 with his bride, Kim, who I believe is in the 5 chambers with him. 6 When you look at the background of 7 this gentleman, he has served with distinction 8 with Judge Bradley for over 22 years. He has 9 exhibited judicial temperament that is needed 10 to be a good judge. He certainly has the 11 intelligence. And he has written, on behalf 12 of Judge Bradley, quite a bit of learned 13 opinions. 14 He is respected by all the people 15 that I have spoken to in Ulster County, the 16 lawyers. 17 He has also given back to his 18 community. He was an adjunct instructor in 19 SUNY New Paltz. In addition, he was the 20 president of his bar association in Ulster 21 County, as well as participating in many 22 community activities. 23 When you look at the profile of 24 this gentleman, you could say he's a pillar of 25 the community. So I look forward to his work

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(518) 371-8910 1 as a Supreme Court judge, and I second that 2 nomination. 3 Thank you, Mr. President. 4 ACTING PRESIDENT WINNER: Thank 5 you, Senator Bonacic. 6 Senator Larkin. 7 SENATOR LARKIN: Thank you, 8 Mr. President. 9 I'd like to join my colleagues 10 Senator DeFrancisco and Senator Bonacic on 11 seconding the nomination of soon-to-be Judge 12 Cahill. In my discussions -- I've represented 13 the Kingston area for the last 17 years. And 14 when I heard about a law clerk and I heard 15 about someone who was involved in the judicial 16 process, it was always said to me when you 17 want an honest, straight answer, one which 18 reflects dedication, commitment, thorough 19 research, ask Chris. 20 I had calls from judges, had calls 21 from clerks, had calls from normal attorneys, 22 who have all said the same thing: Chris is 23 the ideal person because of his commitment to 24 the judiciary, his commitment to fairness, his 25 commitment to the people he will represent in

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(518) 371-8910 1 the future. 2 I am honored to stand here and 3 second the nomination of Chris Cahill. 4 ACTING PRESIDENT WINNER: Thank 5 you, Senator Larkin. 6 The question is on the confirmation 7 of Christopher E. Cahill, of Kingston, as a 8 justice of the Supreme Court of the Third 9 Judicial District. All those in favor of 10 confirmation signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT WINNER: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT WINNER: 16 Christopher E. Cahill, of Kingston, is hereby 17 confirmed as a justice of the Supreme Court 18 for the Third Judicial District. 19 And he is accompanied today by his 20 wife, Kim Cahill. Congratulations. 21 (Applause.) 22 ACTING PRESIDENT WINNER: The 23 Secretary will read. 24 THE SECRETARY: As a justice of 25 the Supreme Court of the Eleventh Judicial

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(518) 371-8910 1 District, Honorable Lenora Gerald, of Bayside. 2 ACTING PRESIDENT WINNER: Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: I move the 5 nomination and request that you please 6 recognize Senator Maltese for a second. 7 ACTING PRESIDENT WINNER: Senator 8 Maltese, for the purpose of a second. 9 SENATOR MALTESE: Mr. President, 10 I'm very honored to second the nomination of 11 Lenora Gerald for this judiciary position. 12 She appeared before the Judiciary Committee 13 this morning and was approved unanimously. 14 Mr. President, she is a graduate of 15 St. John's University, a graduate of 16 St. John's University Law School. 17 The judges that have appeared 18 before her -- I'm sorry, the attorneys that 19 have appeared before her in her various 20 capacities as a jurist have all indicated that 21 she has the judicial temperament necessary to 22 perform the duties as a judge. 23 In addition, she seems to be a 24 judge for all seasons. She has performed as a 25 judge in the Civil Court, a judge in the

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(518) 371-8910 1 Criminal Court, and a judge in the Family 2 Court. She also was the principal law clerk 3 for Justice Al Lerner. And I've spoken to 4 Justice Lerner this morning; he certainly 5 endorses her judiciary position and indicates 6 that she would perform in an exemplary manner. 7 Mr. President, I'm pleased and 8 proud to second the nomination of Lenora 9 Gerald for this judicial position. 10 ACTING PRESIDENT WINNER: Thank 11 you, Senator Maltese. 12 Senator Smith. 13 SENATOR SMITH: Thank you very 14 much, Mr. President. 15 I rise to second the nomination and 16 also to congratulate the Governor on a fine 17 selection of Lenora Gerald to be a Supreme 18 Court justice in the Eleventh Judicial 19 District. I also thank Senator DeFrancisco 20 and the Judicial Committee of the State Senate 21 for their taking the time and the necessary 22 steps to place someone with such a character 23 as Lenora Gerald. 24 Lenora Gerald, as Senator Maltese 25 has said, has served in Criminal Court, she's

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(518) 371-8910 1 served in Family Court, she is now acting 2 Supreme Court justice in Queens. She has 3 distinguished herself as a judge throughout 4 her career. She's been appointed as a judge 5 under Mayor Rudolph Giuliani, she was 6 appointed a judge under Mayor Bloomberg, and 7 now she gets an appointment under the Governor 8 of the State of New York, Eliot Spitzer. 9 She has always performed and 10 handles herself as a judge, as a jurist, as a 11 person in the legal profession who has had the 12 kind of temperament that clearly sets her 13 apart from many of the justices that have come 14 before us today. She is someone who I know. 15 She's a member of my church as well, where 16 Reverend Dr. Floyd H. Flake is the pastor. 17 But in addition to all that she has 18 done in the legal profession, she also is just 19 an ordinary person. In our church she is part 20 of a liturgical dance ministry where she 21 actually dances in the church and performs to 22 the glory of God in terms of her feeling about 23 what she does and her heart is in the right 24 place. 25 She's also joined by her fiance,

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(518) 371-8910 1 Les James, who is also an active member in our 2 church as well. 3 This a great day for not only 4 Queens and Bayside, it's a great day for the 5 State of New York. They are getting a 6 supreme -- maybe there's a pun there -- 7 they're getting a supreme individual by the 8 name of Lenora Gerald. 9 And I will tell you there are a few 10 things I have done on the floor of the Senate, 11 there are a few things I have done on the 12 floor of this Senate now being the Minority 13 Leader for the State Senate. And today it 14 gives me great pleasure to congratulate her, 15 to second her nomination, and to say I know 16 you will do well and I know that there's much 17 more ahead of you. 18 Congratulations, Judge. 19 ACTING PRESIDENT WINNER: Thank 20 you, Senator Smith. 21 The question is on the nomination 22 of Honorable Lenora Gerald, of Bayside, as a 23 justice of the Supreme Court of the 11th 24 Judicial District. All those in favor of the 25 nomination signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT WINNER: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT WINNER: Justice 6 Lenora Gerald, of Bayside, is hereby confirmed 7 as a justice of the Supreme Court of the 11th 8 Judicial District. 9 Judge Gerald is accompanied by her 10 fiance, Les James. 11 Congratulations, Judge. 12 (Applause.) 13 ACTING PRESIDENT WINNER: The 14 Secretary will read. 15 THE SECRETARY: As a justice of 16 the Supreme Court of the Second Judicial 17 District, Honorable Rena K. Uviller, of 18 New York City. 19 ACTING PRESIDENT WINNER: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: I move the 22 nomination and request that you recognize 23 Senator Duane for the second, please. 24 ACTING PRESIDENT WINNER: Senator 25 Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 I rise to second the nomination of 4 Rena K. Uviller, who has just an amazing, 5 outstanding record. From her prejudicial 6 experience through her judicial experience, 7 she has shown absolutely the finest qualities 8 that we could possibly have for people who are 9 sitting on the bench in New York State. 10 In addition to her judicial 11 experience and her numerous published 12 decisions and articles, she also has devoted a 13 tremendous amount of time to volunteer and 14 professional activities. 15 So it is with great pride that I 16 second the nomination of Rena K. Uviller for 17 the Court of Claims. 18 Thank you, Mr. President. 19 ACTING PRESIDENT WINNER: Senator 20 Duane. 21 SENATOR DUANE: Sorry, Mr. 22 President. She was on the Court of Claims, 23 but this is for a Supreme Court seat. 24 Thank you, Mr. President. 25 ACTING PRESIDENT WINNER: Your

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(518) 371-8910 1 apology is accepted, Senator. 2 The question is on the nomination 3 of Rena K. Uviller, of New York City, as a 4 justice of the Supreme Court of the Second 5 Judicial District. All those in favor of the 6 nomination signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT WINNER: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT WINNER: Justice 12 Rena K. Uviller, of New York City, is hereby 13 confirmed as a justice of the Supreme Court 14 for the Second Judicial District. 15 Congratulations. 16 (Applause.) 17 ACTING PRESIDENT WINNER: The 18 Secretary will read. 19 THE SECRETARY: As a judge of the 20 Westchester County Court, Honorable James W. 21 Hubert, of Ardsley. 22 ACTING PRESIDENT WINNER: Senator 23 DeFrancisco. 24 SENATOR DeFRANCISCO: Yes, I 25 would move the nomination and request that you

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(518) 371-8910 1 recognize Senator Stewart-Cousins to second 2 the nomination. 3 ACTING PRESIDENT WINNER: Senator 4 Stewart-Cousins. 5 SENATOR STEWART-COUSINS: Thank 6 you, Mr. President. 7 This is a great day for Westchester 8 County. I rise to second the nomination of 9 Honorable James Hubert, who will leave his 10 position as Greenburgh Town Judge. Greenburgh 11 is the largest town in Westchester County and 12 has been able to enjoy the wisdom, the 13 integrity, the compassion of Judge Hubert 14 since 2005. 15 But he's not just a judge. Prior 16 to that, he had a private practice, he was a 17 litigator with the Queens district attorney, 18 and he has been everpresent in the community. 19 Judge Hubert not only is 20 accompanied by his wonderful wife Jodie and 21 friend Suzanne Berger, but he represents all 22 of what community activists should be. He has 23 served on the Planning Board, he has been able 24 to serve on the Zoning Board, and he is 25 someone who has been a strong presence in the

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(518) 371-8910 1 Black Bar Association. 2 Judge Hubert, you will do 3 Westchester well. You will do us proud. You 4 are moving very, very rapidly. We couldn't 5 have picked a better person to serve us. And 6 I too want to congratulate Governor Spitzer. 7 Thank you. 8 ACTING PRESIDENT WINNER: Thank 9 you, Senator. 10 Senator Hassell-Thompson. 11 SENATOR HASSELL-THOMPSON: Thank 12 you, Mr. President. I too rise to second the 13 nomination, along with Senator 14 Stewart-Cousins. 15 This young man grew up in the city 16 of Mount Vernon. His parents would be 17 extraordinarily proud. He has recently lost 18 his dad, and his mom is very ill, but I know 19 the pride that they had in both of their 20 children. 21 And certainly he has the 22 temperament, as I spoke this morning, to be on 23 the County Court. And I know, because of the 24 diligence with which he has worked in his past 25 career, he will continue to do the county of

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(518) 371-8910 1 Westchester, the city of Mount Vernon, his 2 home birthplace, very proud. 3 We are proud of you, and 4 congratulations. 5 ACTING PRESIDENT WINNER: Thank 6 you, Senator Hassell-Thompson. 7 The question is on the nomination 8 of James W. Hubert as Judge of the Westchester 9 County Court. 10 Senator Smith, excuse me. 11 SENATOR SMITH: Thank you very 12 much, Mr. President. I rise also to second 13 that nomination of James Hubert. 14 I guess a lot of people are going 15 to lay claim to the judge-to-be, and that is 16 because, as far as I'm concerned, he's from 17 Queens. He was a borough chief in Queens, he 18 was assistant district attorney. I rise to 19 lay claim to his legal profession started 20 there, notwithstanding his 21 sole-practionership. 22 But I will tell you, today is a 23 banner day for the judicial system. One of 24 the things that we did in the Senate, as you 25 know, over the last couple of months we had a

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(518) 371-8910 1 lot of hearings on judicial diversity. And I 2 think today the Governor has made a statement 3 to that effect. We have Judge Hubert now, 4 we're going to have judge Lenora Gerald. And 5 clearly that sends a message to the people 6 around the state that we are listening. 7 The judges both understand what it 8 means to serve, what it means to use judicial 9 discretion. And I think the people of this 10 state are going to be served very proud by 11 their leadership. 12 And so I rise to support that 13 nomination of Judge James W. Hubert and look 14 forward to his career. 15 ACTING PRESIDENT WINNER: Thank 16 you, Senator Smith. 17 The question is on the nomination 18 of James W. Hubert as a judge of the 19 Westchester County Court. All those in favor 20 of the nomination signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT WINNER: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT WINNER: Judge

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(518) 371-8910 1 James W. Hubert is hereby confirmed as a judge 2 of the Westchester County Court. 3 Judge Hubert is accompanied by his 4 wife, Jodie, and friend Suzanne Berger. 5 Congratulations, Judge. 6 (Applause.) 7 ACTING PRESIDENT WINNER: The 8 Secretary will read. 9 THE SECRETARY: As a judge of the 10 Erie County Court, Honorable Thomas P. 11 Franczyk, of Buffalo. 12 ACTING PRESIDENT WINNER: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: I hope the 15 Honorable Thomas Franczyk, of Buffalo, didn't 16 think that we were slighting him by going over 17 the name and not going in the order that we 18 had on the list. But, very observant, Senator 19 Maziarz realized the whole family wasn't 20 together at the proper moment, so he wanted 21 them to realize and see the event. 22 So I would move the nomination and 23 ask you to call on Senator Volker to second. 24 ACTING PRESIDENT WINNER: Senator 25 Volker.

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(518) 371-8910 1 SENATOR VOLKER: Mr. President, I 2 want to say that Tim Franczyk, who has been a 3 judge of the City Court for a number of years 4 and is one of the most highly regarded judges 5 in Buffalo, he also was an assistant DA. And 6 I want to especially say that he was one of 7 the best assistant DAs to handle cases in 8 Depew, where I live. Not that he handled 9 anything for me or against me, but that's not 10 the issue. 11 His very good friend Henry Wick, 12 who is the former justice there, made sure 13 that I say to him that he was the best guy he 14 ever had in his court. 15 But I want to say that there's no 16 question he'll make a fine County Court judge. 17 He comes from a fine family background. Tim 18 has been, as I say, one of the leaders in the 19 bar association in Erie County. 20 And I want to say congratulations 21 to him and to the Governor for sending us a 22 fine nominee. 23 ACTING PRESIDENT WINNER: Thank 24 you, Senator Volker. 25 Senator Maziarz.

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(518) 371-8910 1 SENATOR MAZIARZ: Thank you very 2 much, Mr. President. I rise to second the 3 nomination of Thomas Franczyk as a judge of 4 the Erie County Court. 5 You know, when a nominee from Erie 6 County is sent up here, I generally talk to 7 some attorneys in Erie County, an area I do 8 not represent, and I call up people like Joe 9 Latona and Tom Burton, both of whom hold you 10 in the highest regard, Judge. Then of course 11 I always talk to Richard Kloch to find if what 12 Burton and Latona told me was the truth, you 13 know. And in this instance they indicated 14 that it was. 15 It really is a great moment here 16 for the judiciary in Western New York, and I'm 17 sure for your family, Judge. And it's a proud 18 moment in more ways than one. Senator Smith 19 talked about diversity here today. And it's 20 good to see a Polish guy from Buffalo get 21 ahead too. 22 So congratulations, Judge. 23 ACTING PRESIDENT WINNER: Senator 24 Stachowski. 25 SENATOR STACHOWSKI: Speaking of

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(518) 371-8910 1 Polish guys from Buffalo. 2 (Laughter.) 3 ACTING PRESIDENT WINNER: I 4 thought I'd let you say that. 5 SENATOR STACHOWSKI: Thank you. 6 It gives me great pleasure to rise 7 to also second the nomination of Tim Franczyk. 8 Obviously he was a very, very 9 competent and excellent assistant district 10 attorney, as Senator Volker pointed out. And 11 as Senator Maziarz pointed out, he was 12 terrific on the City Court bench, where his 13 cases were innumerable, as they are for City 14 Court judges. 15 And Tim has waited a long time to 16 move up to County Court. I know he'll be an 17 outstanding justice on that level too. 18 But from my perspective, it's 19 always been Tim Franczyk grew up in my 20 neighborhood. I grew up with his whole 21 family. Tim played basketball in the same 22 places I played basketball, and I know him for 23 a long, long time. And more importantly than 24 I'm happy to see him made a judge, I'm happy 25 to have him as my friend.

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(518) 371-8910 1 So I take great pride in standing 2 to second this nomination. 3 ACTING PRESIDENT WINNER: Thank 4 you, Senator Stachowski. 5 Senator Rath. 6 SENATOR RATH: Thank you, 7 Mr. President. I'd like to add my 8 congratulations and my best wishes to Judge 9 Franczyk. 10 The legal community in Western 11 New York, as you may have gathered from the 12 other speakers, is very close and they all 13 talk about who is ascending to the various 14 judgeship levels. They were thrilled when 15 they understood that Judge Franczyk was going 16 to be coming up too as a judge of the Erie 17 County Court. 18 And he has the kind of judicial 19 temperament that the lawyers and the judges in 20 Western New York know will add to the members 21 of that bench. And we're delighted and give 22 you our congratulations. 23 ACTING PRESIDENT WINNER: The 24 question is on the nomination of Thomas P. 25 Franczyk, of Buffalo, as a judge of the Erie

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(518) 371-8910 1 County Court. All those in favor of the 2 nomination signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT WINNER: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT WINNER: Judge 8 Thomas P. Franczyk is hereby confirmed as a 9 judge of the Erie County Court. 10 Judge Franczyk is accompanied by 11 his wife, Michele, and daughters Claire and 12 Natalie. 13 Congratulations, Judge Franczyk. 14 (Applause.) 15 ACTING PRESIDENT WINNER: The 16 Secretary will read. 17 THE SECRETARY: As a judge of the 18 Court of Claims, James H. Ferreira, of Delmar. 19 ACTING PRESIDENT WINNER: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: I would 22 move the nomination and request that you 23 recognize Senator Connor for a second. No? 24 Recognize Senator Breslin for a second. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Breslin. 2 SENATOR BRESLIN: It's my honor 3 to once again stand up for Judge Ferreira, 4 who's only been on the bench since June of 5 '06. At that time I referred to him as one of 6 the "Delmar Four" that was appointed by 7 Governor Pataki, and I praised Governor Pataki 8 for that appointment, as I praise this 9 Governor for the reappointment. 10 The extensive background that the 11 judge has, from being deputy commissioner and 12 general counsel at the Department of 13 Environmental Conservation, to his background 14 with Harris Beach, even with Bond Schoeneck as 15 a summer associate. But throughout his legal 16 career, he has exemplified the highest degree 17 of scholarship. 18 And I once again look forward to 19 seeing him on the bench and doing the job he's 20 been doing since June. 21 Thank you, Mr. President. 22 ACTING PRESIDENT WINNER: Thank 23 you, Senator Breslin. 24 Senator Nozzolio. 25 SENATOR NOZZOLIO: Thank you,

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(518) 371-8910 1 Mr. President. On the nomination. 2 I certainly echo my colleague and 3 good friend's support of this wonderful 4 nomination. And Senator Breslin said it very 5 well. 6 It's often been said that the days 7 are long and the years are short. And that 8 certainly is what I think about when I think 9 about my good friend Judge Ferreira, who I 10 think of more as a young man who worked with 11 us in the Assembly many, many years ago out of 12 school, trying to learn about the government 13 that he so well has served now for so many 14 years. 15 Judge Ferreira, known as Jim, has 16 had such extensive experience in certainly the 17 private sector, but schooled here in the 18 Legislature, understanding the dynamics of the 19 government process bode him well in a variety 20 of experiences with the Attorney General's 21 office and the important job, as Senator 22 Breslin said, heading up the entire law 23 department of one of the most important state 24 agencies in all of New York State government, 25 the New York State Department of Environmental

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(518) 371-8910 1 Conservation. 2 We who knew Jim when he was an 3 intern are just more than proud of his 4 wonderful accomplishments through the 5 government of this state, and distinguished as 6 a member of the New York State Court of 7 Claims. 8 He's been an outstanding jurist in 9 his very brief tenure there, and that I am 10 very pleased to welcome certainly him back to 11 where he all started, which is in the 12 Legislature. 13 It's wonderful that his mom, Joan, 14 could be here with him, that his number of 15 friends who have joined together to be part of 16 this recognition of confirmation of an 17 excellent person, one who is one of the 18 outstanding young men that serves in state 19 government. 20 It's an excellent renomination and 21 certainly has full support of us here in this 22 chamber, Mr. President. Thank you. 23 ACTING PRESIDENT WINNER: Thank 24 you, Senator Nozzolio. 25 The question is on the nomination

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(518) 371-8910 1 of James H. Ferreira, of Delmar, as a judge of 2 the Court of Claims. All those in favor of 3 the nomination signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT WINNER: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT WINNER: Judge 9 James H. Ferreira is hereby confirmed as a 10 judge of the New York State Court of Claims. 11 Judge Ferreira is accompanied by 12 his wife, Abbey; mother, Joan Hartford 13 Ferreira; and friends Reverend Erwin 14 Schweigardt, Rick Clarkson, Jill Swingruber, 15 and Helen Ashley. 16 Congratulations. 17 (Applause.) 18 ACTING PRESIDENT WINNER: The 19 Secretary will read. 20 THE SECRETARY: As a judge of the 21 Court of Claims, Elizabeth A. Foley, of Staten 22 Island. 23 ACTING PRESIDENT WINNER: Senator 24 DeFrancisco. 25 SENATOR DeFRANCISCO: I move the

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(518) 371-8910 1 nomination and request that you recognize 2 Senator Savino for a second. 3 ACTING PRESIDENT WINNER: Senator 4 Savino. 5 SENATOR SAVINO: Thank you, 6 Mr. President. 7 I rise to second the nomination of 8 Elizabeth Ann Foley and to commend the 9 Governor for a well-deserved nomination that 10 has been a long time coming. 11 I also want to thank Betty Ann and 12 her family and friends for their patience in 13 this long, drawn-out process. 14 From her early days in the victim 15 advocate unit in the New York County District 16 Attorney's office to her more than 20 years of 17 service at the Richmond County DA's office, 18 she's been a tireless public servant, whether 19 she was investigating violent felonies, 20 organized crime, insurance fraud or, later in 21 her tenure at the Department of Education, 22 investigating allegations of corporal 23 punishment. 24 She's had a long and distinguished 25 career and will be a wonderful addition to the

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(518) 371-8910 1 Court of Claims. And I know that somewhere 2 right now the late Assemblyman John Lavelle is 3 looking down on us smiling. 4 So I want to say congratulations to 5 Betty Ann and her family and thank the Senate 6 for her confirmation. 7 ACTING PRESIDENT WINNER: Thank 8 you, Senator Savino. 9 The question is on the nomination 10 of Elizabeth A. Foley, of Staten Island, as a 11 judge of the Court of Claims. All those in 12 favor of the nomination signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT WINNER: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT WINNER: Judge 18 Elizabeth A. Foley, of Staten Island, is 19 hereby confirmed as a judge of the Court of 20 Claims. 21 Judge Foley is accompanied by 22 several family members and friends. 23 Congratulations. 24 (Applause.) 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: As a judge of the 3 Court of Claims, Daniel P. Conviser, of 4 Brooklyn. 5 ACTING PRESIDENT WINNER: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: I move the 8 nomination and request that you recognize 9 Senator Connor for the second. 10 ACTING PRESIDENT WINNER: Senator 11 Connor. 12 SENATOR CONNOR: Thank you, 13 Mr. President. 14 And I offer this second on my own 15 behalf as well as Senator Montgomery. 16 Mr. Conviser lives in Senator Montgomery's 17 district, a couple of blocks from my district. 18 You know, this is a nomination I 19 certainly congratulate the Governor for. Dan 20 started many years ago on the Assembly staff, 21 actually in 1982, and worked in the housing 22 area, on the Housing Committee, for about 23 seven years, and then during that time 24 received his bachelor of arts degree from 25 Queens College in 1986. And then about 1987,

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(518) 371-8910 1 he kind of disappeared from the scene here and 2 went off to the University of Michigan Law 3 School, where he graduated magna cum laude, 4 with a 3.9 cum, which is pretty impressive. 5 Pretty impressive law school as well. 6 Then Dan worked for a large law 7 firm, a Wall Street law firm in Manhattan, and 8 clerked for Judge Vincent Broderick of the 9 Southern District of New York, whose brother 10 actually was one of my law professors once 11 upon a time. 12 Dan then returned in 1993 to the 13 Assembly, where he was a counsel for criminal 14 justice issues, judiciary issues, and election 15 law issues. And one might imagine I had many 16 opportunities to exchange views with Dan on 17 election law over the years or election law 18 legislation. 19 And he has served for the past I 20 guess nearly eight years as counsel to the 21 Rules Committee in the Assembly. 22 Now, many of you and I'm sure many 23 of us and our staffs have over the years 24 encountered Dan or negotiated with Dan, and I 25 think we all understand his acute legal

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(518) 371-8910 1 skills, his knowledge. And I think, even more 2 importantly, particularly with respect to the 3 Assembly, if you look at the function of being 4 counsel to the Rules Committee, none can doubt 5 his demeanor and patience. 6 Which suit him well for the bench, 7 since dealing with so many members in the 8 Assembly, all anxious, as many of us are in 9 this house, to get your bills out of the Rules 10 Committee, it does take patience and good 11 judgment and just exactly the qualifications 12 and characteristics that make a good judge. 13 So I'm delighted to second this 14 nomination. I know that Dan Conviser will be 15 a credit to the judiciary and will serve us 16 well on the Court of Claims. 17 ACTING PRESIDENT WINNER: Thank 18 you, Senator Connor. 19 Senator Volker. 20 SENATOR VOLKER: Mr. President, 21 the one thing I really have to say, Senator 22 Connor, about your comments, where he 23 certainly seems to be possessed of patience. 24 Because I have to admit this has been a rather 25 drawn-out ordeal, which frankly I know was not

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(518) 371-8910 1 the most enjoyable thing in the world. 2 My good friend Assemblyman Lentol 3 is here. And the reason he's here is he wants 4 to make sure you're gone. 5 (Laughter.) 6 SENATOR VOLKER: No, he actually 7 came over to make sure that I did the right 8 thing. And I told him don't worry, I'll do 9 the right thing. 10 Dan actually has been a 11 formidable -- I don't want to say opponent, 12 but a formidable person as the key man on 13 criminal justice in the Assembly. And we 14 became very good friends, Dan and I. And 15 Assemblyman Lentol and I of course have gone 16 through more conference committees than just 17 about anybody in the Capitol. And we've been 18 mostly successful. In fact, I think we were 19 only unsuccessful once. And we eventually 20 became successful, as the saying goes. 21 But I just have to say that frankly 22 there's never been any question of the fact 23 that Dan Conviser is extremely bright, 24 intelligent, sometimes can be a formidable 25 opponent. But that's part of the business

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(518) 371-8910 1 we're in. And I don't think there's any 2 question he'll make an excellent Court of 3 Claims judge. 4 My very best to you. And I regret 5 that what has happened here. But remember 6 that a lot of us will never forget you for 7 various reasons. No, but have a good time, 8 good luck on the Court of Claims, and best 9 wishes. 10 ACTING PRESIDENT WINNER: Senator 11 Schneiderman. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Mr. President. 14 I want to join my colleagues and 15 Assemblyman Lentol -- and I'm glad he is here 16 to make sure that it all goes down correctly 17 this time. They say justice delayed is 18 justice denied. But in this case justice 19 delayed just gave us a few more months of Dan 20 helping us resolve our legislative issues. 21 He is one of the best people I've 22 worked with in the Legislature. He's been an 23 incredible counsel. Anyone who's actually 24 worked with him knows that. His record, as 25 Senator Connor has laid it out, is exemplary.

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(518) 371-8910 1 This is the type of person we are lucky wants 2 to serve as a judge in New York State. 3 And in this family of those of us 4 who toil on criminal justice issues in the 5 Legislature, Dan has been a tremendously 6 important member. And the members of this 7 house owe him a particular debt of gratitude. 8 Think of all the irresponsible tough-on-crime 9 one-house bills we get to vote for knowing 10 that Dan would shut them down in the other 11 house -- 25 years for littering, whatever it 12 is we want to do. Dan Conviser has kept the 13 balance, and I'm sure he as a judge he will 14 keep the balance. 15 Congratulations. I'm glad we're 16 finally doing this. You will be badly missed 17 here. But Senator Volker, be assured that Joe 18 has a group of people that are just as 19 intractable and ideologically driven as Dan to 20 take over when he leaves. 21 Congratulations, Your Honor. About 22 time. 23 ACTING PRESIDENT WINNER: The 24 question is on the nomination of Daniel P. 25 Conviser, of Brooklyn, as a judge of the Court

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(518) 371-8910 1 of Claims. All those in favor of the 2 nomination signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT WINNER: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT WINNER: Daniel 8 P. Conviser, of Brooklyn, is confirmed as a 9 judge of the New York State Court of Claims. 10 Congratulations. 11 (Applause.) 12 ACTING PRESIDENT WINNER: Senator 13 Larkin. 14 SENATOR LARKIN: Mr. President, 15 there will be an immediate meeting of the 16 Rules Committee in the Room 332, the Majority 17 Conference Room. 18 The Senate will stand in rest until 19 we get back. 20 ACTING PRESIDENT WINNER: The 21 Senate stands at ease. 22 (Whereupon, the Senate stood at 23 ease at 5:26 p.m.) 24 (Whereupon, the Senate reconvened 25 at 5:31 p.m.)

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could return to reports of standing 5 committees, there's a report of the Rules 6 Committee at the desk. I ask that it be taken 7 up at this time. 8 ACTING PRESIDENT WINNER: Reports 9 of standing committees. 10 The Secretary will read. 11 THE SECRETARY: Senator Bruno, 12 from the Committee on Rules, reports the 13 following bills: 14 Senate Print 476, by Senator 15 Bonacic, an act to amend the Public Health 16 Law; 17 705B, by Senator Nozzolio, an act 18 to amend the Correction Law; 19 1064, by Senator Maltese, an act to 20 amend the Retirement and Social Security Law; 21 1137A, by Senator Little, an act to 22 amend the Vehicle and Traffic Law; 23 1517, by Senator Stachowski, an act 24 to amend the Real Property Tax Law; 25 1666A, by Senator Padavan, an act

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(518) 371-8910 1 to amend the Education Law; 2 2423A, by Senator Trunzo, an act to 3 amend Chapter 666 of the Laws of 1990; 4 2444, by Senator Morahan, an act to 5 amend the Criminal Procedure Law; 6 2450A, by Senator Golden, an act to 7 amend the Public Health Law; 8 2967, by Senator Seward, an act 9 relating to increasing; 10 3309A, by Senator Wright, an act to 11 amend the Highway Law; 12 3663, by Senator Seward, an act 13 relating to increasing; 14 3682, by Senator Lanza, an act to 15 amend the Highway Law; 16 3764, by Senator DeFrancisco, an 17 act to amend Chapter 203 of the Laws of 2005; 18 3776, by Senator Young, an act to 19 amend the Environmental Conservation Law; 20 4048A, by Senator Griffo, an act to 21 amend the Tax Law; 22 4098C, by Senator Robach, an act to 23 establish; 24 4099, by Senator Robach, an act to 25 amend the Tax Law;

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(518) 371-8910 1 4158B, by Senator Skelos, an act to 2 amend the Insurance Law; 3 4307A, by Senator Fuschillo, an act 4 to amend the Education Law; 5 4429, by Senator Leibell, an act to 6 amend the Military Law; 7 4471A, by Senator Volker, an act to 8 amend the Executive Law; 9 4575, by Senator Young, an act to 10 amend the Tax Law; 11 4662A, by Senator Hannon, an act to 12 amend the Public Health Law; 13 4707A, by Senator Skelos, an act to 14 amend the Education Law; 15 4796, by Senator Lanza, an act to 16 amend the Criminal Procedure Law; 17 4817, by Senator Nozzolio, an act 18 to amend the General Municipal Law; 19 5121, by Senator Hannon, an act to 20 authorize; 21 5778, by Senator Flanagan, an act 22 to amend the Criminal Procedure Law; 23 5921, by Senator Padavan, an act to 24 amend the Real Property Actions and 25 Proceedings Law;

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(518) 371-8910 1 6016, by the Senate Committee on 2 Rules, an act to amend the Tax Law; 3 6028, by Senator Seward, an act 4 changing the name; 5 And Senate Print 6216A, by Senator 6 Little, Concurrent Resolution of the Senate 7 and Assembly. 8 All bills ordered direct to third 9 reading. 10 ACTING PRESIDENT WINNER: Senator 11 Skelos. 12 SENATOR SKELOS: Mr. President, 13 move to accept the report of the Rules 14 Committee. 15 ACTING PRESIDENT WINNER: All in 16 favor of accepting the report of the Rules 17 Committee signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT WINNER: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT WINNER: The 23 report of the Rules Committee is accepted. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 the calendars are now being placed on each 2 member's desk. We'll wait about 30 seconds 3 and then take up the calendar, 4 noncontroversial. 5 ACTING PRESIDENT WINNER: Thank 6 you, Senator Skelos. 7 The Secretary will conduct the 8 noncontroversial reading of Senate 9 Supplemental Calendar Number 63A. 10 THE SECRETARY: Calendar Number 11 1769, by Senator Bonacic, Senate Print 476, an 12 act to amend the Public Health Law and the Tax 13 Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT WINNER: 22 Announce the results. 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1771, by Senator Maltese, Senate Print 1064, 3 an act to amend the Retirement and Social 4 Security Law. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT WINNER: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1772, by Senator Little, Senate Print 1137A, 19 an act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT WINNER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 180th day. 24 ACTING PRESIDENT WINNER: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT WINNER: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1773, by Senator Stachowski, Senate Print 9 1517, an act to amend the Real Property Tax 10 Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT WINNER: 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1774, by Senator Padavan, Senate Print 1666A, 25 an act to amend the Education Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT WINNER: 9 Announce the results. 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1775, by Senator Trunzo, Senate Print 2423A, 15 an act to amend Chapter 666 of the Laws of 16 1990. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT WINNER: 25 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1776, by Senator Morahan, Senate Print 2444, 6 an act to amend the Criminal Procedure Law. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT WINNER: 15 Announce the results. 16 THE SECRETARY: Ayes, 59. Nays, 17 2. Senators Duane and L. Krueger recorded in 18 the negative. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1777, by Senator Golden, Senate Print 2450A, 23 an act to amend the Public Health Law. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the same date as 3 Section 24 of Part B of Chapter 58 of the Laws 4 of 2007. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT WINNER: 9 Announce the results. 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1778, Senator Seward moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 5972 and substitute it 17 for the identical Senate Bill Number 2967, 18 Third Reading Calendar 1778. 19 ACTING PRESIDENT WINNER: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1778, by Member of the Assembly Magee, 24 Assembly Print Number 5972, an act relating to 25 increasing availability.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1779, by Senator Wright, Senate Print 3309A, 13 an act to amend the Highway Law and the 14 Vehicle and Traffic Law. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the 120th day. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT WINNER: 23 Announce the results. 24 THE SECRETARY: Ayes, 60. Nays, 25 1. Senator Duane recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1780, by Senator Seward, Senate Print 3663, an 5 act relating to increasing availability. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT WINNER: 14 Announce the results. 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1781, by Senator Lanza, Senate Print 3682, an 20 act to amend the Highway Law. 21 ACTING PRESIDENT WINNER: Read 22 the last section. 23 THE SECRETARY: Section 8. This 24 act shall take effect immediately. 25 ACTING PRESIDENT WINNER: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT WINNER: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1782, Senator DeFrancisco 10 moves to discharge, from the Committee on 11 Finance, Assembly Bill Number 6290A and 12 substitute it for the identical Senate Bill 13 Number 3764, Third Reading Calendar 1782. 14 ACTING PRESIDENT WINNER: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1782, by Member of the Assembly Weinstein, 19 Assembly Print Number 6290A, an act to amend 20 Chapter 203 of the Laws of 2004. 21 ACTING PRESIDENT WINNER: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT WINNER: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1783, by Senator Young, Senate Print 3776, an 8 act to amend the Environmental Conservation 9 Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. Nays, 18 2. Senators Duane and Serrano recorded in the 19 negative. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1784, by Senator Griffo, Senate Print 4048A, 24 an act to amend the Tax Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first day of a 4 sales tax quarterly period. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1785, by Senator Robach, Senate Print 4098C, 13 an act to establish a home visiting program. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT WINNER: Senator 22 L. Krueger, to explain her vote. 23 SENATOR LIZ KRUEGER: Thank you, 24 Mr. President. I hope your root canal is 25 fine. Just to explain my vote.

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(518) 371-8910 1 In general I'm uncomfortable 2 passing bills which are budget bills without 3 being in the context of the budget. I do 4 think this is an important program. It's 5 actually a program we haven't put enough money 6 into in the state budget year after year, so 7 we're only serving about 10 to 14 percent of 8 the eligible families throughout the state. 9 I'll vote yes, but I am concerned 10 that we are choosing to build this program for 11 just one county, Monroe County, rather than 12 looking at this holistically for the children 13 in need throughout the State of New York. So 14 it's a yes, but I wish we did things with a 15 broader perspective in this house. 16 Thank you, Mr. President. 17 ACTING PRESIDENT WINNER: Senator 18 Krueger will be recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1786, by Senator -- 25 SENATOR CRAIG JOHNSON: Lay it

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(518) 371-8910 1 aside, please. 2 ACTING PRESIDENT WINNER: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 1787, by Senator Skelos, Senate Print 4158B, 6 an act to amend the Insurance Law. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect on the first of January. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT WINNER: Senator 15 Seward, to explain his vote. 16 SENATOR SEWARD: Yes, thank you, 17 Mr. President. 18 I'm going to be supporting this 19 legislation. I commend Senator Skelos and the 20 other sponsors for dealing with this issue to 21 help women who are experiencing a high risk of 22 developing breast cancer bring some new 23 technology to them. 24 However, I would like to point out 25 that this house, along with the Assembly, in

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(518) 371-8910 1 our budget that we passed at the end of March 2 did create a health insurance mandate 3 commission. And going forward, I would hope 4 that bills of this type would be sent to that 5 commission to give us good, sound data in 6 terms of what the cost and benefits are of 7 proposed new mandates. 8 Going forward, I hope that this 9 type of legislation will be considered by this 10 mandate commission. For the moment I'm going 11 to be supporting this bill because I certainly 12 see the merits of it. 13 ACTING PRESIDENT WINNER: Thank 14 you. Senator Seward will be recorded in the 15 affirmative. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, I 18 thank Senator Seward for his support. 19 You know, recently a study by the 20 American Cancer Society states that certain 21 women with especially high risk of breast 22 cancer should get an MRI scan along with their 23 yearly mammogram. 24 This bill would require health 25 insurers to provide coverage of annual MRIs to

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(518) 371-8910 1 women 30 or older who have high risk of 2 developing breast cancer. Certainly I think 3 this will improve detection and then also the 4 cure of this dreaded disease. 5 ACTING PRESIDENT WINNER: Senator 6 Skelos will be recorded in the affirmative. 7 Senator Hassell-Thompson to explain 8 her vote. 9 SENATOR HASSELL-THOMPSON: Thank 10 you, Mr. President. 11 Last Friday night in the city of 12 Mount Vernon we had a Relay for Life walk for 13 breast cancer. And it was -- it's very 14 interesting that one of the concerns that were 15 expressed was how many of the insurance 16 companies do not or are not required to make 17 in a major priority. 18 So, Senator Skelos, I thank you and 19 I will be very pleased to report back to many 20 of the women and people who marched with us on 21 Friday night that this bill has been put in. 22 And we need to make sure that it does become 23 law, because for the significant numbers of 24 women who are at risk and who really don't 25 know that they're at risk because of the cost

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(518) 371-8910 1 of these mammograms, it will in fact make a 2 tremendous difference. And for that I am 3 grateful to you and more than happy to support 4 this bill. 5 ACTING PRESIDENT WINNER: Senator 6 Hassell-Thompson will be recorded in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1788, by Senator Fuschillo, Senate Print 14 4307A, an act to amend the Education Law. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 9. This 18 act shall take effect on the first of July. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1789, by Senator Leibell, Senate Print 4429, 2 an act to amend the Military Law. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1790, by Senator Volker, Senate Print 4471A, 15 an act to amend the Executive Law. 16 ACTING PRESIDENT WINNER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 120th day. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1791, by Senator Young, Senate Print 4575, an 3 act to amend the Tax Law. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1792, by Senator Hannon, Senate Print 4662A, 16 an act to amend the Public Health Law. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1793, by Senator Skelos, Senate Print 4707A, 4 an act to amend the Education Law. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect July 1, 2008. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT WINNER: Senator 13 Saland, to explain his vote. 14 SENATOR SALAND: Thank you, 15 Mr. President. 16 Mr. President, I would like to 17 commend Senator Skelos for improving the bill 18 that he passed last year, Chapter 630 of the 19 Laws of 2006, which authorized fingerprinting 20 of prospective employees in private schools, 21 nonpublic schools. 22 I at that time, I believe, was the 23 only vote in the house in opposition to that 24 measure. And my concern was not merely the 25 fact that it dealt with merely authorization,

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(518) 371-8910 1 not requiring, but my concern at that time 2 based upon the original bill which we had 3 enacted some six or so years previously was 4 that the bill didn't provide for the required 5 or mandated reporting by current employees. 6 And while this bill certainly is a 7 vast improvement over last year's bill, I 8 certainly still do believe that there should 9 be a reporting requirement and feel 10 constrained, once again, I'm sure to be the 11 only person in the house to vote in opposition 12 to this bill. 13 Thank you, Mr. President. I vote 14 in the negative. 15 ACTING PRESIDENT WINNER: Senator 16 Saland will be recorded in the negative. 17 Announce the results. 18 THE SECRETARY: Ayes, 60. Nays, 19 1. Senator Saland recorded in the negative. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1794, by Senator Lanza, Senate Print -- 24 SENATOR CRAIG JOHNSON: Lay it 25 aside, please.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 1795, by Senator Nozzolio, Senate Print 4817, 5 an act to amend the General Municipal Law. 6 ACTING PRESIDENT WINNER: There 7 is a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1796, by Senator Hannon, Senate Print 5121, an 19 act to authorize St. John's. 20 ACTING PRESIDENT WINNER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT WINNER: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. Nays, 3 1. Senator Bonacic recorded in the negative. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1797, Senator Flanagan moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 8255 and substitute it 10 for the identical Senate Bill Number 5778, 11 Third Reading Calendar 1797. 12 ACTING PRESIDENT WINNER: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1797, by Member of the Assembly Conte, 17 Assembly Print Number 8255, an act to amend 18 the Criminal Procedure Law. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. Nays, 2 2. Senators Duane and L. Krueger recorded in 3 the negative. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1798, Senator Padavan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 8955 and substitute it 10 for the identical Senate Bill Number 5921, 11 Third Reading Calendar 1798. 12 ACTING PRESIDENT WINNER: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1798, by Member of the Assembly Lancman, 17 Assembly Print Number 8955, an act to amend 18 the Real Property Actions and Proceedings Law. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1799, by Senator Seward, Senate Print 6028, an 6 act changing the name of the Bridgewater, 7 Leonardsville. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1800, by Senator Little, Senate Print 6216A, 20 Concurrent Resolution of the Senate and 21 Assembly proposing an amendment to Section 1 22 of Article 14 of the Constitution. 23 ACTING PRESIDENT WINNER: The 24 Secretary will call the roll on the 25 resolution.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT WINNER: The 4 resolution is adopted. 5 THE SECRETARY: In relation to 6 Calendar Number 1833, Senator Bruno moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 9034 and substitute it 9 for the identical Senate Bill Number 6016, 10 Third Reading Calendar 1833. 11 ACTING PRESIDENT WINNER: A local 12 fiscal impact notice is at the desk. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1833, by the Assembly Committee on Rules, 16 Assembly Print Number 9034, an act to amend 17 the Tax Law. 18 ACTING PRESIDENT WINNER: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT WINNER: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 That completes the noncontroversial 4 reading of Calendar 63A, Senator Skelos. 5 SENATOR SKELOS: Thank you, 6 Mr. President. 7 There will be an immediate meeting 8 of the Majority in the Majority Conference 9 Room. 10 ACTING PRESIDENT WINNER: There 11 will be an immediate meeting of the Majority 12 in the Majority Conference Room. 13 The Senate stands at ease. 14 (Whereupon, the Senate stood at 15 ease at 5:52 p.m.) 16 (Whereupon, the Senate reconvened 17 at 6:17 p.m.) 18 SENATOR SKELOS: Mr. President. 19 THE PRESIDENT: Hope everyone 20 enjoyed my impression of Senator Robach. 21 SENATOR SKELOS: Mr. President, 22 if we could go to the controversial reading of 23 the supplemental calendar. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1786, by Senator Robach, Senate Print 4099, an 3 act to amend the Tax Law. 4 SENATOR CRAIG JOHNSON: 5 Explanation, please. 6 THE PRESIDENT: Senator Robach, 7 an explanation has been requested. 8 SENATOR ROBACH: I would be very 9 happy to, Mr. President. 10 This bill would create a way for 11 companies who have already accrued earned 12 income tax credits through investments, job 13 creation, and other good things who, under 14 current law, if they are continuing to invest 15 and do the things we want to do by creating 16 jobs, improving facilities, can't really 17 recoup it under the current code, allow them 18 to transfer those earned income tax credits 19 into what we're calling an economic resurgence 20 initiative credit, where they would be able to 21 utilize that credit more readily. 22 And maybe this will head off 23 further questions -- not that I'm trying to do 24 that -- i.e., if you take a company who has an 25 earned income tax credit who isn't doing well

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(518) 371-8910 1 and reinvesting in their company or creating 2 more jobs, they under current law are eligible 3 to collect the net tax credit. 4 For a company who is growing and is 5 investing here in New York State, they are 6 unable to do that under existing law. We are 7 trying to rectify that and really applaud, 8 rather than on conjecture, or support 9 companies that might be investing in creating 10 jobs, actually making it easier for the ones 11 that are already spending the money, have the 12 earned income tax credits for investments and 13 job creation and growth in New York State 14 currently. 15 THE PRESIDENT: Senator Krueger. 16 SENATOR LIZ KRUEGER: Mr. 17 President, if through you the sponsor would 18 yield, please. 19 SENATOR ROBACH: Gladly, 20 Mr. President. 21 THE PRESIDENT: The Senator 22 yields. 23 SENATOR LIZ KRUEGER: Thank you. 24 And I want to apologize first to 25 the sponsor for having missed the beginning of

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(518) 371-8910 1 your explanation. So if I am duplicative, I 2 apologize in advance. 3 SENATOR ROBACH: Love is never 4 having to say you're sorry. 5 SENATOR LIZ KRUEGER: That's so 6 lovely. Thank you. Excuse me. I have to 7 recompose myself, Mr. President. 8 THE PRESIDENT: Maybe the two of 9 you could offer your congratulations to each 10 other through the chair. 11 (Laughter.) 12 SENATOR LIZ KRUEGER: Yes, thank 13 you. The days tick on. 14 Through you, Mr. President, if the 15 sponsor could explain to me who are these 16 companies that aren't using up their 17 investment tax credits and therefore need a 18 new option for them. 19 THE PRESIDENT: Senator Robach. 20 SENATOR ROBACH: Well, right 21 now -- and I guess this is sort of the 22 concerning part -- while we know they may in 23 the future, I can't give you the individual 24 names of every company but I can tell you that 25 there's $1.5 billion sitting in a pipeline

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(518) 371-8910 1 that companies could use. And it's my 2 contention that the ones that can't use it 3 under existing law are in fact the ones that 4 are and have the ability and the desire to 5 continue to invest and grow their companies. 6 So while I can tell you some of the 7 companies that I've met with, I can't tell you 8 every individual company. But I can tell you 9 that even through the Department of Taxation 10 there's 1.5 billion of these eligible that 11 they're either going to have to push out to 12 future years when they're not investing 13 because they're at their maximum or change it 14 so they can use it more expeditiously. 15 Again, I think that this would 16 almost be -- you know, originally when I 17 learned of this, I was concerned. But I 18 almost think it would be revenue-neutral. 19 Again, a lot of companies that are 20 investing and want that money for investment 21 are again the ones that are creating positive 22 generation of economic development because 23 they're companies that are growing, usually 24 paying good wage, and adding jobs -- not the 25 ones that are decreasing -- they are currently

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(518) 371-8910 1 very eligible to use that tax credit. 2 SENATOR LIZ KRUEGER: Mr. 3 President, if through you the sponsor would 4 continue to yield. 5 THE PRESIDENT: Senator Robach, 6 do you yield for another question? 7 SENATOR ROBACH: Absolutely. 8 THE PRESIDENT: The Senator 9 yields, Senator Krueger. 10 SENATOR LIZ KRUEGER: Thank you, 11 Mr. President. 12 Senator, my understanding is that 13 the companies that aren't using these 14 investment tax credits -- and again, you said 15 they're unused; technically, we just passed a 16 law that we changed over the years to extend 17 the number of years now to 15 years for you to 18 be able to roll over these tax credits -- that 19 the companies who aren't using these tax 20 credits or maximizing them are, you're right, 21 in fact companies who are investing and 22 keeling their shops open, their facilities 23 modernized, that they are investing in keeping 24 their plants and their equipment and their 25 resources, you know, solid and here in

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(518) 371-8910 1 New York State. 2 And that the reason they have all 3 these extra tax credits is because they have 4 don't have any taxes to pay. That they've 5 actually figured out how not to have taxes to 6 pay. Therefore, they can't draw down on the 7 all the possible tax credits they're eligible 8 for because they've already figured out how to 9 avoid taxes through a series of changes we 10 made in reducing business tax levels so low in 11 the last 15 years that -- you can only use a 12 tax when you owe a tax, and they just don't 13 have any to pay. 14 So why we would we want to create a 15 new model for them to in fact draw even money 16 out of the state budget when they seem to be 17 healthy and growing and thriving and doing the 18 things that business ought to be doing but not 19 actually paying taxes to the State of 20 New York? 21 SENATOR ROBACH: I'm not sure if 22 there's a question. But I guess I would say 23 while it's related, I think it's a little bit 24 different. 25 So there may be a lot of different

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(518) 371-8910 1 reasons why someone's total tax structure or 2 the amount of taxes they're paying -- i.e., 3 Company A compared to Company B. But I think 4 this specifically talks about not the base but 5 tax credits that they've earned that they want 6 to use and have to use to reinvest in their 7 company. I think that's very different. 8 And I guess my reason for this, and 9 I don't know this answers the question -- I 10 don't know what the question is exactly on the 11 whole tax structure -- I think while we do a 12 lot of things for economic development and we 13 may have different agreements or everyone may 14 have a different opinion, would be a better 15 way to put it, on what's the most efficient 16 and most effective, I feel a lot of what we do 17 sometimes might be on conjecture of what might 18 happen. 19 This is on what's already occurring 20 and wants to occur. And I feel strongly that 21 whether you're a company in New York City, 22 whether you're a company in upstate New York, 23 that investment credits are very, very 24 important, because that's what we want them to 25 do.

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(518) 371-8910 1 I could just as easily make the 2 argument if we're not giving them an 3 investment tax credit, no matter who's been 4 running Empire State Development, when they 5 want to invest, if we don't give it to them 6 that way, they don't do it on their own or, as 7 you say, they're not thriving, they usually 8 come to the state, oftentimes, for money to 9 put together a package as part of a deal. 10 So while it's all very complex, I'm 11 going to encourage my colleagues to vote for 12 this because I really do believe this, despite 13 all the other structures or tax rules, would 14 be something that would stimulate the economy. 15 And while it may more quicker take out these 16 tax credits, even though they can now spread 17 them out longer, I believe with the benefit it 18 will do of putting people to work in 19 construction, reinvestment, more jobs, it will 20 actually in the aggregate be very good for the 21 economy and the tax structure or taxes taken 22 in here in New York State. 23 SENATOR LIZ KRUEGER: Thank you. 24 Mr. President, on the bill. 25 THE PRESIDENT: Senator Krueger,

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(518) 371-8910 1 on the bill. 2 SENATOR LIZ KRUEGER: Thank you. 3 I appreciate my colleague's 4 discussion with me about this. And he's 5 right, tax credits get complicated. 6 And maybe I'm going to 7 oversimplify, but, one, it's not that there's 8 $1.5 billion in unused tax credits that are 9 just sort of floating out there in the ether 10 and will have no impact if New York State 11 tries to use them. It would be $1.5 billion 12 more not in our budget. Because an unused tax 13 credit means we're actually taking in the tax 14 money and then spending that on the costs of 15 operating the State of New York. 16 Second, though, he is right, to 17 some degree it is a theoretical discussion, 18 because the investment tax credit law was 19 implemented decades ago when we had higher 20 business tax rates and the theory behind the 21 tax credit was if you continue to invest in 22 your company we will give you a credit against 23 your business taxes. And so it was intended 24 to incentivize businesses to stay and to grow 25 by offering them lower tax rates if they made

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(518) 371-8910 1 investments. That's why it was called an 2 investment tax credit. 3 So again, to reiterate one of my 4 questions to the sponsor, it is my 5 understanding that the reason we have unused 6 investment tax credits -- which already allow 7 a rollover of up to 15 years -- is because the 8 businesses who once upon a time actually could 9 have drawn down these tax credits against the 10 bills they owed the State of New York don't 11 have any bills they owe the State of New York, 12 because we have reduced the business tax level 13 to such a low rate that at this point in time 14 they can't use up a tax credit because they 15 have no taxes to want deducted from their 16 bills. 17 So I could argue that if we raised 18 the business tax level, then there would be a 19 need to have a tax credit, a new model for 20 using tax credits. Or I could argue if we 21 raised the business tax level in this state 22 that these businesses would actually have tax 23 bills to need credit against. 24 But as I read your bill, it 25 basically says they can't figure out how to

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(518) 371-8910 1 use the tax credits because they don't have 2 any bills to pay us for taxes, and so let's 3 just create something we call a new tax credit 4 and hope that we give them more years -- 5 because this lets them carry it forward even 6 further -- and then maybe they'll figure out a 7 way to use it. 8 Now, the way for them to use it is 9 for us to raise the business taxes and then 10 see who actually becomes eligible under a 11 higher tax rate. But I suspect you don't want 12 to call for an increase in the business tax. 13 I suspect most people in this house -- you're 14 shaking your head no -- are not going to 15 support raising the business tax. I get that. 16 I'm not making the argument to raise the 17 business tax. 18 But I am making the argument that 19 it doesn't make any sense to continue to try 20 to extend even further into time and 21 hypothetical usage tax credits that cannot be 22 used because we're not billing them for the 23 taxes in the first place. 24 So we could argue whether it's good 25 or bad that we have large numbers of companies

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(518) 371-8910 1 who don't seem to have any tax bills to pay -- 2 and I think we could argue the equity of that, 3 because I think we could all name a bunch of 4 businesses in this state who are still paying 5 business taxes. 6 I would argue that our tax model is 7 to the advantage of large companies and to the 8 disadvantage of small businesses. So I'd be 9 happy to have a discussion on this floor about 10 how we provide tax equity for businesses as 11 well as citizens and change our entire tax 12 structure. 13 But the large companies in this 14 state who are not paying taxes now, in my 15 opinion don't need any more favors from us of 16 extending out into even more future years the 17 possibility of a get-out-of-jail-free card if 18 they ever got a tax bill from us. I don't 19 think this makes any sense. And I'm going to 20 vote no. 21 Thank you, Mr. President. 22 THE PRESIDENT: Is there any 23 other Senator that wishes to speak on this 24 bill? 25 Debate is closed.

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(518) 371-8910 1 The Secretary will ring the bell. 2 The Secretary will read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1786 are 10 Senators Adams, Duane, Hassell-Thompson, 11 Huntley, L. Krueger, Parker, Perkins, Sabini, 12 Schneiderman and Serrano. 13 Ayes, 51. Nays, 10. 14 THE PRESIDENT: The bill is 15 passed. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1794, by Senator Lanza, Senate Print 4796, an 19 act to amend the Criminal Procedure Law. 20 SENATOR LIZ KRUEGER: 21 Explanation, please. 22 THE PRESIDENT: Senator Lanza, an 23 explanation has been requested by Senator 24 L. Krueger. 25 SENATOR LANZA: Yes, thank you,

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(518) 371-8910 1 Mr. President. 2 Sadly, an act of domestic violence 3 occurs every 15 seconds in this country. And 4 in more than 80 percent of those cases the 5 victim is a woman. In this state alone, as 6 demonstrated by the last statistics in 1999, 7 there were more than 55,000 reported cases of 8 domestic violence in the state of New York. 9 Frequently during the pendency of 10 cases or as a result of sentencing in a case 11 of domestic violence, the courts order orders 12 of protection as a means to protect the 13 victims in these cases. Because as we know 14 with respect to domestic violence, the 15 aggressor, the perpetrator, often has a single 16 specific victim in mind and there is often 17 recidivism involved in these sorts of cases. 18 One of the terms of the order of 19 protection is that they lay out things that 20 the perpetrator cannot do -- come in contact 21 with or in the vicinity of the victim, for 22 instance. It is a crime to violate the terms 23 of that order of protection already, as a 24 matter of law. 25 This bill would require that any

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(518) 371-8910 1 person against whom an order of protection is 2 issued to be required to wear an electronic 3 monitoring device. So that the moment the 4 person against whom the order of protection is 5 issued violates the law and commits a crime by 6 violating the terms of that order of 7 protection, specifically by coming in contact 8 or in the vicinity of the victim, there will 9 be the opportunity for there to be an alert so 10 that local law enforcement can take action 11 with respect to the already occurring 12 commission of a crime. 13 THE PRESIDENT: Senator Sampson. 14 SENATOR SAMPSON: Mr. President, 15 would the sponsor yield for a few questions. 16 SENATOR LANZA: Yes, 17 Mr. President. 18 THE PRESIDENT: The sponsor 19 yields. 20 SENATOR SAMPSON: Through you, 21 Mr. President, does this apply to temporary 22 orders of protection or permanent orders of 23 protection? 24 SENATOR LANZA: To both, 25 Mr. President.

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(518) 371-8910 1 SENATOR SAMPSON: Through you, 2 Mr. President, would the sponsor continue to 3 yield. 4 SENATOR LANZA: Yes, 5 Mr. President. 6 THE PRESIDENT: The sponsor 7 yields. 8 SENATOR SAMPSON: How long would 9 it take for this electronic monitoring device 10 to get set up? 11 SENATOR LANZA: I don't 12 understand the question, Mr. President. Do 13 you mean -- may I ask a question? 14 SENATOR SAMPSON: Yeah. 15 SENATOR LANZA: Set up as far as 16 put in place, registered -- 17 SENATOR SAMPSON: Put in place, 18 yes. 19 SENATOR LANZA: I don't know the 20 answer to that, Mr. President. 21 SENATOR SAMPSON: The reason I'm 22 asking that question is because when you get 23 arraigned the court usually issues a temporary 24 order of protection. So between that time and 25 the next court date, there's a temporary order

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(518) 371-8910 1 of protection in place. 2 So at the point of once a temporary 3 order of protection is issued at the 4 arraignment until the first court appearance 5 in actual court, is the electronic bracelet 6 supposed to be set up at that point in time? 7 THE PRESIDENT: Just one moment, 8 Senator Lanza. I'd appreciate if everyone in 9 the chamber would respect that Senator Lanza 10 and Senator Sampson are trying to discuss an 11 important piece of legislation. 12 The chair recognizes Senator Lanza. 13 SENATOR LANZA: Thank you, 14 Mr. President. Through you, that is the 15 intention of the legislation. 16 SENATOR SAMPSON: And my question 17 again is, what would be the time frame for 18 that system to be set up? Because if there's 19 only a three-week adjournment between 20 arraignment and the first court appearance, 21 how long would it take for that electronic 22 bracelet to be put online? 23 SENATOR LANZA: Through you, 24 Mr. President, I don't know the precise time 25 that it would take, but I do know that given

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(518) 371-8910 1 today's technology, it's a fairly simple 2 process, a fairly inexpensive process. And I 3 would imagine that it could be done with all 4 due speed and deliberation. 5 SENATOR SAMPSON: Through you, 6 Mr. President, would the sponsor continue to 7 yield. 8 SENATOR LANZA: Yes, 9 Mr. President. 10 THE PRESIDENT: The sponsor 11 yields, Senator Sampson. 12 SENATOR SAMPSON: And would there 13 be any exceptions with respect to this 14 electronic bracelet? 15 SENATOR LANZA: Mr. President, 16 through you, no exceptions are contemplated in 17 this legislation. 18 I would remind my colleague that 19 whether the order of protection is temporary 20 or permanent, it is an order of the court 21 backed by criminal sanctions already. 22 Violation of any order of protection, whether 23 temporary or permanent, is already a Class A 24 misdemeanor in this state. 25 SENATOR SAMPSON: Through you,

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(518) 371-8910 1 Mr. President, would the sponsor continue to 2 yield. 3 THE PRESIDENT: Senator Lanza, do 4 you continue to yield? 5 SENATOR LANZA: Yes, 6 Mr. President. 7 THE PRESIDENT: The sponsor 8 yields. 9 SENATOR SAMPSON: What do we do 10 in those situations where we have -- take, for 11 instance, a landlord-tenant relationship where 12 there's an order of protection issued against 13 a landlord but there needs to be some sort of 14 limited access, so therefore the court issues 15 a limited order of protection. So how would 16 this electronic bracelet work in that 17 instance? 18 SENATOR LANZA: Mr. President, 19 through you, those terms are typically spelled 20 out within the actual order of protection with 21 respect to the conduct which is prohibited by 22 the order of protection. And so this 23 legislation would not in any way, shape or 24 form come into conflict with the terms of any 25 of order of protection.

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(518) 371-8910 1 SENATOR SAMPSON: Through you, 2 Mr. President, would the sponsor continue to 3 yield. 4 THE PRESIDENT: Senator Lanza, do 5 you continue to yield? 6 SENATOR LANZA: Yes, 7 Mr. President. 8 SENATOR SAMPSON: Senator, what 9 do we do in those situations where an 10 individual is issued an electronic bracelet 11 and there happens where the complaining 12 witness and the alleged perpetrator are within 13 the same vicinity of one another, no 14 coincidence? What to we do in those 15 situations? 16 SENATOR LANZA: Mr. President, 17 through you, I suppose we would do what we do 18 under current law based on the facts and due 19 process that is afforded the defendant. 20 The good news, though, is if we 21 enact this legislation, the victim would be 22 alerted to the fact that the perpetrator is in 23 violation of the terms of the order of 24 protection, which puts them in violation of 25 the law, which means they are committing a

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(518) 371-8910 1 crime. 2 And this legislation would allow 3 us -- would allow the victim and law 4 enforcement to be notified in that event. And 5 the good news is it would perhaps save victims 6 from repeated aggression. Because we know 7 that perpetrators who violate orders of 8 protection by and large don't do it 9 accidentally. It is because they have one 10 object in mind, and that is to perpetrate 11 further aggression with respect to specified 12 victims. As I said, in over 80 percent of the 13 cases they happen to be women. 14 SENATOR SAMPSON: Through you, 15 Mr. President, would the sponsor continue to 16 yield. 17 THE PRESIDENT: Senator Lanza, do 18 you continue to yield? 19 SENATOR LANZA: Yes, 20 Mr. President. 21 SENATOR SAMPSON: Senator, is 22 there a range in which this electronic 23 operating device operates -- 1,000 feet, 2,000 24 feet, 3,000 feet -- that the alleged 25 individual can't come in contact with the

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(518) 371-8910 1 complaining witness? 2 SENATOR LANZA: Mr. President, 3 through you, the device and the technology 4 allows for the devices to be set consistent 5 with and in compliance with the order of 6 protection. 7 SENATOR SAMPSON: So that needs 8 to be spelled out in the order of protection, 9 then. 10 SENATOR LANZA: Mr. President, 11 through you, that is the case presently. 12 Terms, when ordered by the court in orders of 13 protection, are always specified with respect 14 to what the perpetrator, the aggressor, can or 15 cannot do, whether it's stay away from the 16 home or place of business of the victim, 17 whether it's to stay away from the family of 18 the victim. 19 But those terms in each order of 20 protection are specified. Many of the terms 21 are standard. And sometimes the court has 22 discretion to add terms based on the specific 23 fact of a case. 24 And so all this would do is in the 25 event that a perpetrator violates the order of

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(518) 371-8910 1 protection, which already would mean that that 2 person -- typically, he -- would be committing 3 a crime. This would alert law enforcement, 4 this would alert the victim of that crime and 5 hopefully, hopefully allow that victim to be 6 protected from further acts of aggression. 7 SENATOR SAMPSON: Through you, 8 Mr. President, would the sponsor continue to 9 yield to continue to yield for one last 10 question. 11 THE PRESIDENT: Senator Lanza, 12 would you yield for one last question? 13 SENATOR LANZA: Yes, 14 Mr. President. 15 SENATOR SAMPSON: Senator, what 16 does the defendant do in those situations 17 where the complaining witness comes within the 18 vicinity of where the defendant is and at that 19 point the electronic monitoring device goes 20 off and the police are alerted? 21 SENATOR LANZA: Mr. President, 22 this law would not change any of the current 23 situations that occur already with respect to 24 orders of protection. 25 An order of protection is

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(518) 371-8910 1 court-ordered. It specifies what a defendant 2 or a convicted criminal can and cannot do with 3 respect to coming into contact with a victim. 4 This would only give the victim and law 5 enforcement the opportunity to know precisely 6 when a convicted criminal or alleged 7 perpetrator is already in violation of an 8 order of protection. 9 SENATOR SAMPSON: No further 10 questions. Thank you. 11 THE PRESIDENT: Senator Adams. 12 SENATOR ADAMS: Through you, 13 Mr. President, would the sponsor yield for a 14 question. 15 THE PRESIDENT: Senator Lanza, 16 would you yield for a question from Senator 17 Adams? 18 SENATOR LANZA: I'd be glad to, 19 Mr. President. 20 SENATOR ADAMS: I think that my 21 colleague Senator Sampson, the reason he was 22 asking so many questions is because we are too 23 concerned about the issue of domestic 24 violence. And my colleague has been doing a 25 lot in Brooklyn on this issue of domestic

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(518) 371-8910 1 violence. So our concern is to make sure that 2 it addresses the need. 3 Senator Lanza -- through you, 4 Mr. President -- exactly how does the system 5 operate? Is the police notified directly? 6 SENATOR LANZA: I'm sorry, 7 Mr. President, notify whom? 8 SENATOR ADAMS: Is the police 9 notified directly? How is the police informed 10 if the person is within the space that's 11 required? 12 SENATOR LANZA: Yes, 13 Mr. President, through you, it would operate 14 such that the local sheriff's department or 15 police department would actually be the 16 monitoring agency. 17 SENATOR ADAMS: Would the Senator 18 continue to yield, Mr. President? 19 SENATOR LANZA: Yes, 20 Mr. President. 21 THE PRESIDENT: The Senator 22 yields. 23 SENATOR ADAMS: Do you know the 24 technical aspects of how the police is 25 notified? Is it through a computer system?

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(518) 371-8910 1 Is there a GPS system? Do you know exactly 2 how they're notified? 3 SENATOR LANZA: Mr. President, I 4 believe it's through GPS system. The 5 monitoring is such that movements of the 6 person against whom the order of protection is 7 issued and would be wearing the monitoring 8 device are not reported until there's a 9 violation of the order of protection. 10 SENATOR ADAMS: Would the sponsor 11 continue to yield? 12 SENATOR LANZA: Yes, 13 Mr. President. 14 THE PRESIDENT: The sponsor 15 yields, Senator Adams. 16 SENATOR ADAMS: I'm trying to 17 understand, and I'm not really understanding 18 currently. 19 You're aware there's several orders 20 of protection that are issued to a person? 21 You're aware of that? 22 SENATOR LANZA: Yes, I am, 23 Mr. President. Each of which is an order of 24 the court, each of which compliance -- 25 noncompliance of is a crime.

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(518) 371-8910 1 SENATOR ADAMS: Would the sponsor 2 continue to yield? 3 THE PRESIDENT: Senator Lanza, do 4 you continue to yield? 5 SENATOR LANZA: Yes, 6 Mr. President. 7 SENATOR ADAMS: You are aware 8 that some of the orders of protection that are 9 issued have nothing to do with coming in 10 contact with the person? 11 SENATOR LANZA: Yes, 12 Mr. President, I'm aware of that. And in 13 those case this legislation would not apply. 14 SENATOR ADAMS: Would the sponsor 15 continue to yield? 16 THE PRESIDENT: Senator Lanza, do 17 you continue to yield? 18 SENATOR LANZA: Yes, 19 Mr. President. 20 SENATOR ADAMS: So the judge 21 would -- based on what you're stating, the 22 judge would indicate which case the individual 23 will wear the bracelet or the device? 24 SENATOR LANZA: Through you, Mr. 25 President, yes, based on whether or not one of

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(518) 371-8910 1 the terms of the order of protection is for 2 the perpetrator to stay away from the home or 3 place of business or of the victim. 4 SENATOR ADAMS: Would the sponsor 5 continue to yield? 6 THE PRESIDENT: Senator Lanza, do 7 you continue to yield? 8 SENATOR LANZA: Yes, 9 Mr. President. 10 THE PRESIDENT: Senator Lanza 11 yields. 12 SENATOR ADAMS: Okay. A 13 stipulation for the wearing of the bracelet is 14 if the person is told not to enter the home or 15 to stay away from the home. 16 SENATOR LANZA: Mr. President, 17 typically that is a standard provision of any 18 order of protection. And typically that term, 19 when the facts are determined by a judge not 20 to be necessary, are actually stricken from 21 the standard order of protection form. 22 SENATOR ADAMS: Would the sponsor 23 continue to yield, Mr. President? 24 THE PRESIDENT: Senator Lanza, do 25 you continue to yield?

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(518) 371-8910 1 SENATOR LANZA: Yes, 2 Mr. President. 3 SENATOR ADAMS: You said 4 typically that's a statement from the judge. 5 I tend to disagree with that. 6 But my question is, do you know the 7 percentage of those orders that are issued 8 telling the individual to stay away from the 9 location based on orders of protection that 10 are issued telling the person to cease 11 carrying out a certain behavior? Would you 12 know the percentage or the difference? 13 SENATOR LANZA: Mr. President, I 14 don't know the answer. Only anecdotally. 15 My experience in the Manhattan DA's 16 office for six years, I would say a large 17 percentage of the orders of protection that 18 are issued against those who have committed 19 crimes against domestic partners, a large 20 percentage -- when a judge determines that the 21 safety of the victim requires that an order of 22 protection be issued to protect the victim 23 from further acts of aggression, the majority 24 of the cases that I've had the experience to 25 deal with as a prosecutor involved the

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(518) 371-8910 1 perpetrator having to stay as a term and 2 condition of the order of protection away from 3 the home and place of business of the victim 4 of their crime. 5 SENATOR ADAMS: Mr. President, on 6 the bill. 7 THE PRESIDENT: Senator Adams, on 8 the bill. 9 SENATOR ADAMS: I am going to 10 support the bill, because I believe anything 11 we can do to assist a victim of domestic 12 violence is a plus. I believe that a 13 countless number of citizens, both men and 14 women -- although there's a large number of 15 women who are attacked -- the response seems 16 to be far too wide in ensuring that the police 17 responds in a number of times. 18 I think that Senator Lanza is 19 thinking outside the box to find creative ways 20 of addressing the issues of domestic violence. 21 I don't believe we do enough. And I commend 22 him for this legislation. 23 I am, you know -- I would love to 24 see exactly how the police department and how 25 the procedure were actually carried out. But

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(518) 371-8910 1 I think that this legislation is one of many, 2 many that we need to do, for far too many 3 individuals repeat-violate an order of 4 protection. And I don't believe enough is 5 done. And I think that we need to examine 6 what we can do to deal with those repeated 7 offenders. 8 We had, in a ten-day period, we had 9 three incidents where individuals lost their 10 lives. One was a stabbing, another was 11 shooting, and an entire family was a victim of 12 a repeated offender of an order of protection. 13 I would hope a piece of legislation 14 like this can start the process of addressing 15 and we won't continue to ignore the shame of 16 those who violate orders of protection. I'm 17 going to support the bill. 18 THE PRESIDENT: Senator 19 Liz Krueger. 20 SENATOR LIZ KRUEGER: Thank you, 21 Mr. President. If the sponsor would yield. 22 SENATOR LANZA: Yes, 23 Mr. President. 24 SENATOR LIZ KRUEGER: Thank you. 25 I appreciate your comments so far to both of

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(518) 371-8910 1 my colleagues' questions. 2 Just going back to the 3 technicalities of the bill. So in your memo 4 you talk about in 1999 there were 55,000 5 police reports of family offenses. You know, 6 and you gave very good data about how serious 7 a problem domestic violence is, and I share 8 your concern. 9 But clearly if we were to know the 10 number of actual orders of protection that are 11 issued a year in the state of New York -- 12 particularly now that my colleague Senator 13 Sampson has educated me to the fact that 14 everyone arraigned ends up with an order of 15 protection -- we're talking about tens of 16 thousands of these per year in New York State. 17 And under your bill, even though 18 there was some discussion with Senator Adams 19 about who it would apply to and who it 20 wouldn't, in your bill it says any person 21 against whom an order of protection is issued 22 shall be required to wear an electronic 23 monitoring device. 24 So are you saying that we will be 25 putting these bracelets on tens of thousands

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(518) 371-8910 1 of New Yorkers every year? 2 SENATOR LANZA: Mr. President, 3 through you, this legislation would require 4 that only those people who are accused of 5 committing an act of domestic violence or 6 aggression against a partner or have been 7 convicted and as part of the sentence have 8 been issued a permanent order of protection 9 where a judge decided, based on testimony from 10 both the prosecutor and from the defense, that 11 the safety of the victim requires that an 12 order of protection be issued. 13 So it would be only against those 14 people after a trial or during the process, 15 during the trial process, that a judge had 16 decided an order of protection was necessary 17 to protect the victim. 18 SENATOR LIZ KRUEGER: Thank you, 19 Mr. President. If through you the sponsor 20 would continue to yield, please. 21 THE PRESIDENT: Senator Lanza, 22 would you yield for another question from 23 Senator L. Krueger? 24 SENATOR LANZA: Gladly, 25 Mr. President.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you. 2 In following up on my question, I guess I 3 would recommend that you relook at your bill, 4 because I think it would need a technical 5 amendment to limit it to that subuniverse you 6 just limited it to. 7 But again -- I'm sorry. 8 SENATOR LANZA: Mr. President, 9 through you, it should be noted that this 10 technology is not a constant monitoring of a 11 person wearing the device. It would only 12 alert law enforcement the moment a defendant 13 violates the terms of the order of protection. 14 It would be set to be consistent with the 15 terms of that order of protection. 16 So not until a defendant or a 17 convicted criminal already violated the law 18 and committed another crime -- specifically, 19 the violation of the order of protection -- 20 would an alert occur. 21 SENATOR LIZ KRUEGER: Thank you, 22 Mr. President. If through you the sponsor 23 would continue to yield. 24 SENATOR LANZA: Yes, 25 Mr. President.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you. 2 So if I'm hearing you correctly, 3 while we may or may not agree that your law is 4 technically written the way you describe, 5 because now I'm hearing that only people 6 convicted of a crime already -- no? 7 SENATOR LANZA: No. Any person 8 against whom an order of protection has been 9 issued by a court of law. 10 And I would just add, once again, 11 in those cases it is already a crime to 12 violate the terms of those orders of 13 protection, whether or not they're temporary, 14 permanent, issued during the pendency of a 15 crime or issued as part of a sentence. 16 SENATOR LIZ KRUEGER: Mr. 17 President, if through you the sponsor would 18 continue to yield. 19 SENATOR LANZA: Yes, 20 Mr. President. 21 SENATOR LIZ KRUEGER: Thank you, 22 sponsor. 23 So I've just been provided some 24 data that New York State has about 400,000 25 calls on domestic violence a year. So in fact

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(518) 371-8910 1 the numbers are even greater than I think you 2 and I imagined. 3 And so some number of people will 4 be assigned to wear these bracelets, most 5 likely in the tens of -- let's say 10,000 out 6 of 400,000 calls will be required to wear 7 these bracelets. And the bracelet is a 8 monitoring bracelet. 9 Statewide, who is this bracelet 10 hooked up to? Who is going to see a buzzer go 11 off? And does such a system exist yet, or 12 would we need to build a large statewide 13 system for tracking tens of thousands of 14 people with these monitoring bracelets so 15 that, as Senator Adams pointed out, the police 16 could then go out when they saw, on some 17 system I'm not familiar with, bells and 18 whistles going off saying so-and-so is getting 19 too close to Liz Krueger, who had filed an 20 order of protection with the court? How would 21 that work? 22 SENATOR LANZA: Mr. President, 23 through you, the technology does exist. It is 24 a GPS-based technology. 25 The numbers and statistics cited by

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(518) 371-8910 1 my colleague Senator Krueger I think speak 2 even stronger for the need for this 3 legislation. The fact that there are so many 4 perpetrators in this state committing crimes 5 against domestic partners -- their wives, 6 husbands or partners, sometimes their 7 children -- I think speaks to the need for us 8 to utilize current technology to afford 9 society and law enforcement the opportunity to 10 know precisely the moment that a perpetrator 11 has broken the law. 12 And that, I think, is the important 13 part of this legislation. When there is an 14 order of protection issued, regardless of what 15 the facts underlying the case are, it is not 16 the victim who files for an order of 17 protection, it is the court that orders an 18 order of protection. 19 And so regardless of whether or not 20 there is a monitoring device or not, the 21 moment someone against whom an order of 22 protection is issued violates the terms of 23 those -- of that order of protection, they are 24 committing a crime. And sadly, typically, we 25 know why they're doing that in cases where

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(518) 371-8910 1 orders of protection are issued, and that is 2 to commit another crime against the same 3 intended victim. 4 And so this legislation would allow 5 us to utilize existing technology in order to 6 alert law enforcement so that hopefully we can 7 prevent that crime from occurring. 8 SENATOR LIZ KRUEGER: Thank you, 9 Mr. President. If through you the sponsor 10 would continue to yield. 11 THE PRESIDENT: Senator Lanza, do 12 you continue to yield? 13 SENATOR LANZA: Yes, 14 Mr. President. 15 SENATOR LIZ KRUEGER: Thank you. 16 Actually, in the types of cases 17 Senator Sampson was describing earlier, the 18 court might just order an order of protection. 19 In most domestic violence cases, the victim 20 actually goes and asks the court for an order 21 of protection. 22 And at least in -- you were in 23 Manhattan, so I know you know this, because 24 this is unfortunately a growing pattern in 25 New York City and perhaps throughout the

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(518) 371-8910 1 state. If I am the victim of domestic 2 violence and I go and I call the police and I 3 report that I have been abused and I'm advised 4 by perhaps a police counselor to go and get an 5 order of protection in the court, 6 statistically it's quite possible that my 7 abuser will then also go to court in what we 8 call a retaliatory order of protection, so 9 that it's a he said/she said scenario. 10 Would both of us wear the 11 bracelets, under your law? 12 SENATOR LANZA: Mr. President, 13 through you, the short answer is yes. 14 But it should be noted once again 15 that when an order of protection is issued -- 16 if my colleague Senator Krueger is raising the 17 issue of whether or not orders of protection 18 are appropriately ordered by courts, that I 19 think is a discussion that we can have. 20 But the fact that a court has 21 issued an order of protection, the violation 22 of that order of protection presently -- 23 whether or not we have monitoring devices or 24 not, whether you agree with the court or not 25 in ordering that order of protection --

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(518) 371-8910 1 violating the terms of that order of 2 protection is already a crime. 3 And so this would merely, under 4 circumstances in which orders of protection 5 were issued by a court, would alert law 6 enforcement the moment the person against whom 7 it was issued breaks the law. 8 SENATOR LIZ KRUEGER: Thank you. 9 Mr. President, on the bill. 10 THE PRESIDENT: Senator Krueger, 11 on the bill. 12 SENATOR LIZ KRUEGER: I 13 appreciate Senator Lanza's patience in 14 answering many questions. And I have more, 15 but I think I will just tell you my dilemma. 16 Of course I want us to do more to 17 protect victims of domestic violence, victims 18 of any kind of violence. But -- and I think 19 that perhaps your bracelet model, in the right 20 piece of legislation, could work. But your 21 bill leaves too many blanks there. It doesn't 22 actually explain who under the categories 23 would be affected, who wouldn't. 24 It doesn't, most important to me, 25 explain how we'd actually get protection to

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(518) 371-8910 1 the person when the bracelet buzzed somewhere, 2 because we don't have a system in place 3 anywhere where those bells and whistles would 4 buzz and an NYPD officer would rush to get 5 there. 6 And maybe we should have a system 7 where they would, almost an auto-press, you 8 know, the buzzer goes off and a police officer 9 is immediately sent out to -- not necessarily 10 where I am, if I'm in this case the victim, 11 but where the person wearing the bracelet is. 12 But I have to tell you, your bill 13 doesn't even talk about money. And I envision 14 this as costing millions and millions and 15 millions of dollars. Maybe well worth 16 millions of dollars, I don't know, to set up a 17 giant GPS tracking system for tens of 18 thousands of people throughout the state of 19 New York. Maybe that's a good use of the 20 money. 21 But even then I guess I have the 22 question of do the experts in domestic 23 violence think this would be the best use of 24 millions and millions and millions of dollars, 25 or are they still begging us for investments

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(518) 371-8910 1 in the kinds of things that they already know 2 exist and work? 3 And I talked to them, and they said 4 we have such a long list of money that we need 5 for protecting victims of domestic violence, 6 for coordinating with police departments, to 7 educating our local police, to ensuring that 8 there is a response when someone calls. 9 That instead of doing that, that we 10 have a bill where we spend, again, I have to 11 say probably just tens of millions of dollars 12 to try to create this, I would guess, even as 13 a pilot project. 14 I'm also very concerned that what 15 Senator Sampson points out, that it would be a 16 much larger universe of people than just a 17 domestic violence situation, raising all kinds 18 of other good questions that he raised. 19 And I'm also concerned that judges, 20 in response to hearing that if they give an 21 order of protection that they're sending a 22 bill to the police department and to the 23 district attorney's office and to basically 24 ordering what right now we'd say is an 25 unfunded mandate, that they will stop issuing

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(518) 371-8910 1 order of protection, that they will say, oh, 2 no, my mayor's getting hysterical, my county 3 executive is getting hysterical, my state 4 legislator is getting hysterical, we have to 5 create this giant system, if I keep doing 6 orders of protection, when we have no money to 7 build this system. And so we will actually 8 discourage the appropriate orders of 9 protection that judges ought to be issuing. 10 And again, if you don't have it all 11 in place, it's not clear at all what this 12 piece of legislation does. 13 So I don't want to vote no, because 14 I want to protect victims. I think you were 15 trying to get there also. I don't think this 16 could work. I don't think it can work. 17 There's no money and there's no technical 18 details. 19 And while we know how a GPS 20 bracelet works for house arrest, where buzzers 21 go off for you if you actually leave a 22 specific area because you're connected 23 electronically to a device in your home, that 24 automatically sets the buzzer off when you get 25 farther than X amount of distance from it,

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(518) 371-8910 1 you're talking a model like what we talk about 2 with GPS honing devices for our bus system -- 3 which I hope we get in New York City someday: 4 Where is the bus? Can you track it? 5 And I just don't see us in a 6 scenario where this is going to happen without 7 unbelievable infrastructure investment and a 8 total change in how our police departments 9 operate. 10 So I'll vote yes, but I don't see 11 how this can possibly get us to where you want 12 us to go. 13 Thank you, Mr. President. 14 THE PRESIDENT: Senator 15 Schneiderman. 16 SENATOR SCHNEIDERMAN: Thank you, 17 Mr. President. 18 My amendment to cut all the funding 19 for Rockland County is at the desk -- oh, 20 thank you, Senator Morahan. 21 (Laughter.) 22 SENATOR SCHNEIDERMAN: I'd like 23 to ask if the sponsor would yield for just a 24 few very brief questions. 25 THE PRESIDENT: Senator Lanza,

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(518) 371-8910 1 would you yield for a question from Senator 2 Schneiderman? 3 SENATOR LANZA: Yes, 4 Mr. President. 5 SENATOR SCHNEIDERMAN: As 6 drafted, this bill provides no discretion for 7 the court to require or waive the electronic 8 transmission monitoring device in any 9 situation in which an order of protection is 10 given. Is that correct? 11 SENATOR LANZA: Mr. President, 12 through you, the only discretion a court has 13 is the discretion they have already, which is 14 whether or not to issue an order of 15 protection. Which I would imagine they intend 16 to be complied with. 17 SENATOR SCHNEIDERMAN: Thank you. 18 And most orders of protection, all 19 the orders that of protection that I've seen 20 in domestic violence cases are principally 21 focused on keeping the perpetrator away from 22 the victim. Is that not correct? 23 SENATOR LANZA: Mr. President, 24 through you, that is the reason why orders of 25 protection are issued.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: And unless 2 the victim is also required to wear a device, 3 how in any existing technology would anyone be 4 able to tell if the perpetrator went close to 5 the victim? 6 THE PRESIDENT: Senator Lanza, do 7 you continue to yield? 8 SENATOR LANZA: Yes, 9 Mr. President. 10 And that is the case today under 11 existing law. And those are issues for courts 12 to decide, as to whether or not the victim of 13 an order of protection is using it as a shield 14 or using it, as they say, as a sword. 15 But the fact is is that the 16 violation of an order of protection is a crime 17 and typically people violate orders of 18 protection to commit acts of aggression or 19 assaults or worse on the victim who is being 20 protected by that order of protection. 21 SENATOR SCHNEIDERMAN: Thank you. 22 I thank the sponsor for his answers. 23 On the bill. 24 THE PRESIDENT: Senator 25 Schneiderman, on the bill.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: I concur 2 with my colleagues, several of whom have noted 3 that this is I believe a well-intentioned 4 piece of legislation. 5 But it seems to me to be a piece of 6 legislation that cannot possibly work with the 7 technology as it exists now, for a very simple 8 reason. The idea of an order of protection is 9 to keep a perpetrator away from a victim. And 10 there's no technology that could possibly tell 11 anyone when a perpetrator gets close to a 12 victim. A perpetrator can follow a victim, 13 stalk a victim, go anywhere. 14 I mean, it's virtually -- it's 15 very, very difficult to even tell when a 16 perpetrator goes to a particular location. 17 But it is impossible to tell if a perpetrator 18 is in proximity to another individual unless 19 you're going to require victims to wear 20 bracelets, which is not in this bill and which 21 I think everyone would have a problem with. 22 Furthermore, this presents a very 23 real problem of causing judges to be more 24 cautious about issuing orders of protection 25 because it does impose this additional

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(518) 371-8910 1 requirement. 2 And finally, there's no reference 3 to how this is going to work, how it's going 4 to be funded, who is going to do it and what 5 technology is going to be applied. 6 So I would suggest that this is one 7 that needs to go back to the workshop. I 8 understand the appeal of having electronic 9 monitoring devices. And I see what the 10 sponsor is trying to get at. I don't believe 11 that this bill, as it's presently drafted, 12 could possibly work, would have the beneficial 13 effect for which it's intended. 14 I don't think it's going to pass 15 the Assembly, so I think it's good that we've 16 got this on the table as a basis for 17 discussion. 18 But there is no way this 19 legislation would do anything except impose a 20 requirement that is absolutely unfulfillable. 21 You might as well ask judges to fly out the 22 window -- well, actually, Senator Maziarz has 23 done with that with some judges. I don't know 24 if he's here. But you might as well ask them 25 to fly or levitate their desks as ask them to

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(518) 371-8910 1 require an electronic monitoring device that 2 would actually track the victim and the 3 perpetrator together. It doesn't exist. It's 4 never existed. 5 So based on the doctrine of 6 impossibility, as I remember it from law 7 school, I'm going to actually vote against 8 this legislation. 9 Thank you, Mr. President. 10 THE PRESIDENT: Are there any 11 other Senators wishing to speak on the 12 legislation that has come before us? 13 Senator Sampson. 14 SENATOR SAMPSON: Would the 15 sponsor yield for one last question that I 16 forgot to ask. 17 THE PRESIDENT: Senator Lanza, 18 would you be willing to yield for one last 19 question from Senator Sampson? 20 SENATOR LANZA: Gladly. 21 SENATOR SAMPSON: Through you, 22 Mr. President. Senator, who pays for this 23 electronic monitoring system? Is it the 24 defendant, or does the court pay for it? 25 SENATOR LANZA: I'm sorry, the

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(518) 371-8910 1 question, Mr. President, is who pays for the 2 technology? 3 SENATOR SAMPSON: Yeah, who pays 4 for the hooking up of this electronic 5 monitoring device? 6 Because I know in several 7 instances, especially in federal courts, the 8 defendant has a responsibility to pay for this 9 usually included in his bail package when 10 they're seeking bail, as a bail requirement. 11 SENATOR LANZA: Mr. President, 12 through you, it is my understanding that 13 payment as contemplated by this legislation 14 would be made by local departments of 15 probation. The cost also, to my 16 understanding, is no more than two or three 17 dollars per week. 18 SENATOR SAMPSON: Thank you very 19 much, Mr. President. 20 THE PRESIDENT: Is there any 21 Senator that wishes to ask any question before 22 this debate is closed? Senator Farley? 23 Senator Robach? 24 Debate is closed. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE PRESIDENT: Senator Robach. 6 SENATOR ROBACH: Yes, very 7 quickly to explain my vote. 8 We've done a lot of bills to 9 protect people not to be discriminated against 10 in the workplace, that have been victims of 11 domestic violence in housing markets, even to 12 get out of their lease. 13 And I just want to say that 14 listening to the debate has been very 15 interesting to me, but I can assure you that 16 while I don't know what every advocate says, 17 for the victims of domestic violence -- which 18 I worked very closely with in my time at 19 Monroe County Department of Public Safety, and 20 in a lot of legislation -- what they fear the 21 most is being victimized again. 22 This uses today's technology to try 23 and stop that from happening. I applaud 24 Senator Lanza and happily cast my vote in the 25 affirmative.

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(518) 371-8910 1 THE PRESIDENT: Senator Robach 2 will be recorded in the affirmative. 3 Senator Onorato, to explain his 4 vote. 5 SENATOR ONORATO: To explain my 6 vote. 7 I'm going to vote for this, 8 Senator. But I have a lot of misgivings about 9 it. And I'm not an expert in the electronics, 10 but when you put a bracelet on someone, you 11 expect that right now, to my knowledge, it 12 only follows you if you leave your home, but 13 it doesn't tell you where you're going, are 14 you're going towards the victim or are you 15 going to work? Is the work anywhere near the 16 victim? 17 It sort of puts a false sense of 18 security on a victim when there really is 19 none. Unless you have something on the victim 20 itself. Once you order the perpetrator to 21 have a bracelet, there should be some device 22 on the victim that would allow the police 23 department to know when he is approaching her 24 and give them some opportunity to help her 25 out.

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(518) 371-8910 1 But I'm going to vote for it and 2 hope maybe we will revisit this with an 3 amendment. I vote aye. 4 THE PRESIDENT: Senator Onorato 5 will be recorded in the affirmative. 6 Senator Schneiderman. 7 SENATOR SCHNEIDERMAN: No, no, 8 just waving. 9 THE PRESIDENT: Senator 10 Schneiderman will be recorded as waving. 11 The Secretary will announce the 12 results on Calendar Number 1794. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1794 are 15 Senators Dilan, Duane, Montgomery, Parker and 16 Schneiderman. 17 Ayes, 56. Nays, 5. 18 THE PRESIDENT: The bill is 19 passed. 20 That completes the controversial 21 reading of the calendar, Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 is there any housekeeping at the desk? 24 THE PRESIDENT: Senator Griffo. 25 SENATOR GRIFFO: Mr. President,

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(518) 371-8910 1 on behalf of myself, I would like to restore 2 an amended Senate bill. 3 On page 33, Calendar Number 1120, I 4 move to amend Senate Bill Number 5482C by 5 striking out the amendments made on June 18th 6 and restoring it to Senate Print 5482A. And I 7 ask that said bill retain its place on Third 8 Reading Calendar. 9 THE PRESIDENT: So ordered, 10 Senator. And the bill will retain its place 11 on the Third Reading Calendar. 12 Senator Duane. 13 SENATOR DUANE: Thank you, 14 Mr. President. 15 On behalf of Senator Valesky, I 16 move that the following bill be discharged 17 from its respective committee and be 18 recommitted with instructions to strike the 19 enacting clause: Senate Number 5959. 20 THE PRESIDENT: Bill Number 5959, 21 so ordered. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 there will be an immediate meeting of the 25 Rules Committee in the Majority Conference

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(518) 371-8910 1 Room. 2 We will report the agenda, but it 3 will not be taken up this evening. 4 THE PRESIDENT: There will be an 5 immediate meeting of the Rules Committee in 6 the Majority Conference Room. 7 The Senate stands at ease. 8 (Whereupon, the Senate stood at 9 ease at 7:14 p.m.) 10 (Whereupon, the Senate reconvened 11 at 7:31 p.m.) 12 ACTING PRESIDENT STACHOWSKI: 13 Senator Skelos. 14 SENATOR SKELOS: Thank you, 15 Mr. President. If we could return to reports 16 of standing committees, there's a report of 17 Rules Committee at the desk. I ask that it be 18 read at this time. 19 ACTING PRESIDENT STACHOWSKI: 20 Reports 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 820, by Senator

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(518) 371-8910 1 Montgomery, an act to amend the General 2 Business Law; 3 2663, by Senator Stavisky, an act 4 to amend the Penal Law; 5 4798, by Senator Winner, an act to 6 amend the Real Property Tax Law; 7 4813, by Senator Nozzolio, an act 8 to amend the Energy Law; 9 4967A, by Senator Fuschillo, an act 10 to amend the Environmental Conservation Law; 11 5017, by Senator Hannon, an act to 12 amend the Public Health Law; 13 5250A, by Senator Winner, an act to 14 amend the General Municipal Law; 15 5427A, by Senator Marcellino, an 16 act to amend the Environmental Conservation 17 Law; 18 5494, by Senator O. Johnson, an act 19 to amend the Environmental Conservation Law; 20 5514, by Senator Bonacic, an act to 21 amend the Environmental Conservation Law; 22 5593, by Senator Flanagan, an act 23 to amend the Economic Development Law; 24 5890A, by the Senate Committee on 25 Rules, an act to amend the Tax Law;

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(518) 371-8910 1 5917A, by Senator Saland, an act to 2 amend the Correction Law; 3 5931, by Senator Saland, an act to 4 amend Chapter 658 of the Laws of 2002; 5 5946, by Senator Winner, an act to 6 amend the Environmental Conservation Law; 7 5947, by Senator Bonacic, an act to 8 amend the Insurance Law; 9 6009B, by Senator Maltese, an act 10 to amend the Administrative Code of the City 11 of New York; 12 6030, by Senator Farley, an act in 13 relation to affecting; 14 6031A, by Senator Farley, an act in 15 relation to affecting; 16 6036, by Senator Hannon, an act to 17 amend Chapter 505 of the Laws of 1995; 18 6086, by Senator Trunzo, an act to 19 authorize; 20 6088, by Senator Marcellino, an act 21 to amend the Tax Law; 22 6092, by Senator Maltese, an act to 23 amend the Retirement and Social Security Law; 24 6098, by Senator Saland, an act to 25 amend the Environmental Conservation Law;

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(518) 371-8910 1 6112A, by Senator Golden, an act to 2 amend the Retirement and Social Security Law; 3 6138, by Senator Morahan, an act to 4 amend Chapter 478 of the Laws of 2006; 5 6149, by Senator Bonacic, an act to 6 amend Chapter 109 of the Laws of 2006; 7 6157, by Senator DeFrancisco, an 8 act to provide; 9 6160A, by Senator Skelos, an act to 10 amend the Tax Law; 11 6162, by Senator Trunzo, an act to 12 amend the Legislative Law; 13 6174, by the Senate Committee on 14 Rules, an act to amend the Agriculture and 15 Markets Law; 16 6190, by Senator Wright, an act to 17 amend the Energy Law; 18 272, by Senator Alesi, an act to 19 amend the Social Services Law; 20 1288A, by Senator Golden, an act to 21 amend the Social Services Law; 22 2339A, by Senator Hannon, an act to 23 amend the Public Health Law; 24 2578A, by Senator C. Kruger, an act 25 to amend the Social Services Law;

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(518) 371-8910 1 2881A, by Senator Griffo, an act to 2 amend the Alcoholic Beverage Control Law; 3 3761A, by Senator DeFrancisco, an 4 act to amend the Environmental Conservation 5 Law; 6 3994, by Senator Padavan, an act to 7 amend the Retirement and Social Security Law; 8 4045, by Senator Lanza, an act to 9 amend the Vehicle and Traffic Law; 10 4108, by Senator Morahan, an act to 11 amend the Executive Law; 12 4218, by Senator Leibell, an act to 13 amend the Executive Law; 14 4261A, by Senator Wright, an act to 15 amend Chapter 519 of the Laws of 1999; 16 4333A, by Senator Young, an act to 17 amend the Agriculture and Markets Law; 18 4415, by Senator O. Johnson, an act 19 to amend the Executive Law; 20 4422A, by Senator LaValle, an act 21 to amend the Tax Law; 22 4447, by Senator Morahan, an act to 23 amend the Retirement and Social Security Law; 24 4856, by Senator Nozzolio, an act 25 to amend the Highway Law;

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(518) 371-8910 1 5059A, by Senator Morahan, an act 2 to amend the Public Service Law; 3 5108A, by Senator Little, an act 4 directing; 5 5123, by Senator Hannon, an act 6 authorizing; 7 5309, by Senator Marcellino, an act 8 to amend the Education Law; 9 5506, by Senator Flanagan, an act 10 to amend the Labor Law; 11 5774, by Senator Saland, an act to 12 amend the Education Law; 13 5964, by Senator Maziarz, an act 14 authorizing; 15 5996, by Senator Leibell, an act to 16 amend the Domestic Relations Law; 17 6023A, by Senator Padavan, an act 18 to amend the Private Housing Finance Law; 19 6032, by the Senate Committee on 20 Rules, an act making an appropriation; 21 6041, by Senator Hannon, an act to 22 amend Chapter 521 of the Laws of 1994; 23 6065, by Senator Seward, an act to 24 amend the Vehicle and Traffic Law; 25 6106A, by Senator Padavan, an act

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(518) 371-8910 1 to amend the Administrative Code of the City 2 of New York; 3 6114, by Senator Golden, an act to 4 amend the Retirement and Social Security Law; 5 6150, by Senator Bonacic, an act to 6 amend the Executive Law; 7 6153, by Senator Bruno, an act 8 providing; 9 6179, by Senator Wright, an act to 10 amend the Public Authorities Law; 11 6200, by Senator LaValle, an act to 12 amend Chapter 434 of the Laws of 1999; 13 And Senate Print 6224, by the 14 Senate Committee on Rules, an act to amend the 15 Workers' Compensation Law. 16 All bills ordered direct to third 17 reading. 18 ACTING PRESIDENT STACHOWSKI: 19 Senator Skelos. 20 SENATOR SKELOS: Move to accept 21 the report of the Rules Committee. 22 ACTING PRESIDENT STACHOWSKI: All 23 in favor signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT STACHOWSKI:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT STACHOWSKI: The 4 report is accepted. 5 Senator Skelos. 6 SENATOR SKELOS: Is there any 7 further business at the desk? 8 ACTING PRESIDENT STACHOWSKI: No 9 further business. 10 SENATOR SKELOS: There being 11 none, I move we stand adjourned until 12 Wednesday, June 20th, at 11:00 a.m. 13 ACTING PRESIDENT STACHOWSKI: On 14 motion, the Senate stands adjourned until 15 Wednesday, June 20th, at 11:00 a.m. 16 (Whereupon, at 7:37 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24 25

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(518) 371-8910