Wednesday, June 20, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 20, 2007 11 11:18 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR GEORGE H. WINNER, Jr., Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT WINNER: The 3 Senate will come to order. 4 I ask everyone present to rise and 5 repeat with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT WINNER: In the 9 absence of clergy, may we bow our heads in a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT WINNER: Reading 14 of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, June 19, the Senate met pursuant to 17 adjournment. The Journal of Monday, June 18, 18 was read and approved. On motion, Senate 19 adjourned. 20 ACTING PRESIDENT WINNER: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Bruno. 7 SENATOR BRUNO: Mr. President, I 8 believe I have a privileged resolution at the 9 desk. I would ask at this time it be read in 10 its entirety and move for its immediate 11 adoption. 12 ACTING PRESIDENT WINNER: The 13 Secretary will read. 14 THE SECRETARY: By Senators Bruno 15 and Seward, Legislative Resolution Number 16 3031, mourning the tragic and untimely death 17 of New York State Trooper David C. 18 Brinkerhoff. 19 "WHEREAS, It is the sense of this 20 Legislative Body to convey its grateful 21 appreciation and heartfelt regret in 22 recognition of the loss of courageous 23 individuals who dedicated their purposeful 24 lives and careers to serve and protect; and 25 "WHEREAS, Attendant to such

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(518) 371-8910 1 concern, and in full accord with its 2 long-standing traditions, this Legislative 3 Body mourns the tragic and untimely death of 4 New York State Trooper David C. Brinkerhoff; 5 and 6 "WHEREAS, A member of the elite 7 Mobile Response Team, New York State Trooper 8 David C. Brinkerhoff made the ultimate 9 sacrifice on April 24, 2007, while faithfully 10 executing his responsibilities; and 11 "WHEREAS, Trooper David C. 12 Brinkerhoff spent six months of rigorous 13 training to become a member of the Mobile 14 Response Team, including surviving several 15 days atop Mount Marcy, New York State's 16 highest peak, with just the clothes on his 17 back; and 18 "WHEREAS, His first major 19 assignment as part of the Mobile Response 20 Team, Trooper David C. Brinkerhoff spent days 21 tracking Ralph 'Bucky' Phillips, the infamous 22 fugitive wanted for killing fellow trooper and 23 Mobile Response Team member Joseph A. 24 Longobardo; and 25 "WHEREAS, A 1995 graduate of

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(518) 371-8910 1 Hamburg High School, David C. Brinkerhoff 2 attended the State University of New York at 3 Albany, majoring in criminology, prior to 4 entering the New York State Police Academy on 5 November 2, 1998. After graduating from the 6 Academy, Trooper David C. Brinkerhoff 7 completed his bachelor's degree and went on to 8 earn his master's in public administration, 9 all while serving as a state trooper; and 10 "WHEREAS, Trooper David C. 11 Brinkerhoff began his career with Troop A, 12 before being assigned to Troop F, where he 13 worked out of the Coxsackie barracks; and 14 "WHEREAS, A quintessential police 15 officer, New York State Trooper David C. 16 Brinkerhoff was a recipient of a multitude of 17 awards, honors, and certificates of 18 recognition, including a Superintendent's 19 Letter of Commendation for assisting with the 20 security protocols at the University of 21 Albany's commencement program in 2002, a 22 Superintendent's Letter of Commendation for 23 helping rescue two 15-year-old boys who had 24 been stranded in the rushing waters of the 25 Kaaterskill Creek near the hamlet of

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(518) 371-8910 1 Palenville in 2003, and a Zone Commander's 2 Letter of Commendation for meritorious service 3 while responding to assist with the Hurricane 4 Katrina detail; and 5 "WHEREAS, In addition, New York 6 State Trooper David C. Brinkerhoff received 7 numerous Troop Commander's Letters of 8 Commendation for DWI arrests, exemplary 9 enforcement activity and for a burglary 10 investigation that resulted in an arrest, as 11 well as a letter of appreciation for providing 12 EMS training; and 13 "WHEREAS, New York State Trooper 14 David C. Brinkerhoff is survived by his wife, 15 Barbara; their daughter, Isabella Grace; his 16 mother and stepfather, Karen and Robert 17 Howard; and his father and stepmother, Roy and 18 Ruth Brinkerhoff; and 19 "WHEREAS, Armed with a humanistic 20 spirit, imbued with a sense of compassion, and 21 comforted by a loving family, New York State 22 Trooper David C. Brinkerhoff leaves behind a 23 legacy which will long endure the passage of 24 time and will remain as a comforting memory to 25 all he served and befriended; now, therefore,

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(518) 371-8910 1 be it 2 "RESOLVED, That this Legislative 3 Body pause in its deliberations to mourn the 4 tragic and untimely death of New York State 5 Trooper David C. Brinkerhoff, noting the 6 significance of his contributions on behalf of 7 the citizens of this noble Empire State; and 8 be it further 9 "RESOLVED, That a copy of this 10 resolution, suitably engrossed, be transmitted 11 to the family of New York State Trooper David 12 C. Brinkerhoff." 13 ACTING PRESIDENT WINNER: Senator 14 Bruno. 15 SENATOR BRUNO: Thank you, 16 Mr. President and colleagues; Superintendent 17 Preston Felton; Barbara Brinkerhoff; mother, 18 Karen, and dad, Roy; Mike, brother; Isabella 19 Grace is here, at 9 months old; family and all 20 the friends that are here really recognizing 21 and celebrating the life of Trooper David 22 Brinkerhoff. 23 We heard a resolution here recited 24 over those last few moments that chronicles a 25 life that really describes a true hero. We

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(518) 371-8910 1 talk about heroes sometimes in a very casual 2 way. But when you listen to a young man who 3 grew up, dedicated and committed to achieving, 4 and, as we heard, achieved really greatness -- 5 academically, in his life, with friends, 6 family, father, husband. Really a role model. 7 Joined the Mobile Response Team, a 8 crack team, first on the scene when there's 9 extreme danger. 10 And I believe, Mr. President, we 11 are joined by David Brinkerhoff's associates 12 in the Mobile Response Team. And if they're 13 here, would they stand up, many of you that 14 are in that. Thank you. 15 (Extended applause.) 16 SENATOR BRUNO: Thank you. 17 And Rich Mattson, Rich Mattson was 18 wounded at that same incident when Travis Trim 19 was shooting and the response all over the 20 place. And Rich has a left arm that's 21 seriously injured, and we all pray and hope 22 that with his courage, his commitment, that 23 you will fully recover. 24 But thank you for your service and 25 for being here. Rich Mattson.

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(518) 371-8910 1 (Extended applause.) 2 SENATOR BRUNO: The record that 3 is being established here with this 4 resolution, this will become part of, when 5 it's passed, as it is passed here, like any 6 other piece of legislation that passes, it 7 becomes a permanent record, the history of 8 New York State. So that 50 or 100 years from 9 now, someone could look up this resolution and 10 this number and review the commitment, the 11 dedication, the heroism that we respect, we 12 recognize, and that we honor today. 13 I point out with law enforcement, 14 every day people in uniform, out of uniform, 15 get up, go out to face who knows what. Who 16 knows what, when these peace officers are out 17 in the world. 18 Amanda Reif prayerfully is 19 recovering, could have been killed, just a 20 short time ago. Doing what? What I would 21 guess would be considered a routine response 22 by the police in a domestic squabble. But for 23 the grace of God, could have been killed. 24 Rich Mattson could have been 25 killed. Joe Longobardo was killed; two others

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(518) 371-8910 1 were wounded. You heard that Trooper 2 Brinkerhoff was there during all of that. 3 These are heroes. People who are 4 out there are heroes. And heroes in the sense 5 that they're willing to put their lives out 6 there to defend and protect us -- children who 7 can't protect themselves, people who are 8 defenseless. But they get up, go out, and 9 never know what that day will bring, how that 10 day will conclude. 11 Barbara, who shared her life with 12 Trooper David, mom and dad, brother Mike, 13 recognized that he was an outstanding 14 individual, just an achiever. A person who 15 just extended himself in every way. Never, 16 ever -- I'm sure it's always got to be in the 17 back of your minds, your families', that who 18 knows what can happen when you're out there on 19 any call, whatever it is. We know troopers 20 have stopped a car for some traffic infraction 21 and have been killed in cold blood when the 22 car pulls over. 23 And that's why we're here, really, 24 recognizing and celebrating. And the words 25 that are here, the vote that is taken, the

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(518) 371-8910 1 recognition that we give, that will be here 2 momentarily, but the family -- Barbara, 3 family, friends -- every peace officer that 4 will be out there, that's the legacy of 5 Trooper Brinkerhoff. 6 That's the legacy when anyone sees 7 anyone out there, that will be the reminder 8 that here was a man who could have done almost 9 anything he wanted to do. He elected to offer 10 himself out there to do just what he wanted to 11 do, to be in the forefront, to be a line of 12 defense for people. 13 So we're indebted, Barbara, to you, 14 Roy, Karen, Mike, Isabella Grace, for your 15 sacrifice, for the commitment that you have. 16 And just rest assured that people all over 17 this state appreciate and recognize what has 18 happened here, and it will never be forgotten. 19 We're going to do here this 20 afternoon and this morning a correction to the 21 technicality where the court struck down the 22 death penalty bill here in this state. And 23 this is a death penalty bill that will be an 24 inhibitor for anyone that kills a person in 25 cold-blooded, premeditated murder.

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(518) 371-8910 1 We have passed in this house the 2 bill that puts the death penalty back on the 3 books for killing a peace officer. We know 4 the Assembly is supportive. We know the 5 Governor is supportive. We know that they all 6 join us in recognizing the tragedy that 7 occurs, the danger that's out there. And we 8 are hoping and praying that what we do here 9 will eventually find its way through the other 10 house to the Governor's desk and become law. 11 Why? The people of this state 12 deserve it. Law enforcement people, 13 especially, they deserve to know that -- it's 14 not Republican, it's not Democrat, it's not 15 political in any way -- anyone out there who 16 will willfully and maliciously shoot at a 17 police officer, kills a police officer, has 18 the potential of paying the ultimate sacrifice 19 with their life. That's justice. 20 So we want to thank the friends and 21 the family of Trooper Brinkerhoff for being 22 here, for just honoring us with their presence 23 and sharing with them our grief, our thoughts 24 and our prayers. 25 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Thank 2 you, Senator Bruno. 3 Senator Smith. 4 SENATOR SMITH: Thank you very 5 much, Mr. President. 6 To my colleagues, to my friends, 7 family members, Senator Bruno, to Barbara, 8 Isabella and the parents of Trooper 9 Brinkerhoff, these are -- and moments like 10 this are very difficult. I cannot tell you 11 that I know, Barbara, what it feels like, 12 because I do not. I can't imagine what it has 13 been for you since the passing of your 14 husband. 15 I can only know that when I was at 16 that funeral and I heard Superintendent Felton 17 describe a hero, it was obvious to me that the 18 definition of "hero" was defined by your 19 husband. It was defined by your husband 20 because of how he was raised from his family, 21 the values that his parents instilled in him, 22 as the values that our parents have instilled 23 in us. 24 But it was very clear to me -- and 25 I didn't know the trooper, but it was very

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(518) 371-8910 1 clear to me that he was someone who was 2 dedicated to what he thought was the best 3 thing in life, and that was being a trooper. 4 To all of you troopers who are 5 here, I want to offer our thanks to you for 6 what you do every single day. 7 Senator Bruno said it: When you 8 leave your home, when you leave your children, 9 your family, your friends, you don't know if 10 you're going to return. Unlike us. When we 11 leave our homes, we have a strong sense, 12 colleagues, that we're going to get back home. 13 You do not have that strong sense. 14 And one of the things that we are 15 dedicated to and will be dedicated to, just as 16 you have our backs, we are going to have 17 yours. There are things that we can do and we 18 will have to do to make sure that you know we 19 are as concerned about you as you are about 20 us. 21 This is not an easy moment. All of 22 us have had someone in our family that we may 23 have lost. But there is nothing more 24 difficult than to stand on the floor of the 25 Senate and talk about Trooper Brinkerhoff,

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(518) 371-8910 1 given the circumstances surrounding what 2 happened to him in the line of duty, doing 3 what he thought was right, going after someone 4 who was a horrendous individual. 5 We are doing this resolution today 6 just as Senator Bruno said. This is going to 7 be in our archives forever so that Isabella 8 and Isabella's children can come back and say, 9 Let me see what my father, my grandfather, my 10 great-grandfather was all about. 11 You should know that this 12 celebration of life on his behalf is something 13 that we take very seriously. God does not 14 give you more than you can handle. 15 And while I know this is very 16 difficult for you, understand that we as a 17 body will never forget Trooper Brinkerhoff. 18 We as a state will never forget him, because 19 he will be in our archives forever. So in the 20 year 2030, 2060, the year 3000, you will 21 always be able to go back and pull up this day 22 and how much we dedicate it to him. 23 I will tell you, as a Christian, my 24 prayers are with you each and every day. When 25 I rise in the morning and I do my prayer time,

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(518) 371-8910 1 I will keep you in my prayers. In the evening 2 before I rest, I will also continue to keep 3 you in my prayers. I know that this is 4 difficult for you. 5 And you might say, well, Malcolm, 6 we don't know you that well. But I will tell 7 you, prayers that are things that are answered 8 by whoever sends them up. And you will know 9 that this family, this Senate will do that for 10 you for the rest of your lives. 11 Thank you and God bless. 12 ACTING PRESIDENT WINNER: Thank 13 you, Senator Smith. 14 Senator Seward. 15 SENATOR SEWARD: Thank you, 16 Mr. President. 17 And I'm truly honored and also 18 humbled to join my colleagues, the Brinkerhoff 19 family, and the people of Coxsackie and Greene 20 County, as well as the entire family of the 21 New York State Police and all law enforcement 22 everywhere, in mourning the very unfortunate 23 and untimely death of truly an outstanding 24 New Yorker, a model citizen, and I would say a 25 paragon of dedicated law enforcement, and that

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(518) 371-8910 1 is State Trooper David C. Brinkerhoff. 2 Trooper Brinkerhoff was a resident 3 of my district, assigned to the State Police, 4 Troop F, at the Coxsackie station. And I can 5 say without reservation that he was truly a 6 respected and beloved member of that 7 community. 8 In almost nine years as a trooper, 9 David earned no less than 13 troop commander's 10 letters of commendation for a variety of 11 heroic acts. He was honored by the 12 superintendent multiple times. And he was 13 part of the State Police detail that helped 14 out our fellow Americans down in Louisiana 15 following Hurricane Katrina. 16 As has been said in the resolution, 17 he participated in the hunt for a fugitive in 18 Western New York last year who had killed his 19 fellow trooper, Joseph Longobardo, and wounded 20 other officers. 21 In short, he was an exemplary state 22 trooper, and the State of New York, the State 23 Police, and I would say Coxsackie and Greene 24 County are the poorer for his tragic death 25 that was precipitated by the criminal action

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(518) 371-8910 1 of a man that I would say -- I won't even 2 mention his name in the same sentence as 3 Trooper Brinkerhoff. 4 Trooper Brinkerhoff died doing what 5 he loved. He signed on as a member of the 6 troopers' elite Mobile Response Team. He 7 loved working for others, helping others, 8 serving others and protecting people. That 9 was David Brinkerhoff's calling. His heroic 10 efforts to protect us, and I would say all the 11 other little things that he did for others, 12 will always be remembered. 13 He leaves behind a wife, Barbara; 14 his daughter, Isabella Grace; his mother, 15 stepfather, brother, father and stepmother, 16 many other family members. And we certainly 17 extend our deepest sympathies to them and pray 18 for their comfort and healing during this very 19 time of unspeakable grief for them. 20 Above all, from everything I've 21 heard, David Brinkerhoff loved people. He 22 loved his wife, Barbara; his daughter, 23 Isabella Grace. He enjoyed playing the 24 trombone, skiing, being with his two German 25 shepherds, Maverick and Marley.

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(518) 371-8910 1 But due to a whole series of 2 unfortunate and tragic events that were set in 3 motion by a very violent young man, Trooper 4 Brinkerhoff will not be coming home to his 5 wife and his daughter. Isabella Grace will 6 grow up not personally knowing her father and 7 that loving touch. His wife Barbara will not 8 have the comfort of her husband's strong arms. 9 His trombone will be silent. And his dogs 10 will wait, I'd say with one ear cocked, for 11 the footfall of the master in the hallway. 12 And while we all weep for the loss 13 of David Brinkerhoff, we are all better 14 because he lived and because he served and 15 because of his example. There is so much to 16 celebrate in this life that was cut short so 17 early, so much to celebrate. 18 And to the Brinkerhoff family, I 19 would simply say we hope that you will take 20 some small comfort in knowing that we join you 21 in your grief and that David did so much for 22 so many and his legacy will continue and live 23 forever. 24 Thank you, Mr. President. 25 ACTING PRESIDENT WINNER: Thank

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(518) 371-8910 1 you, Senator Seward. 2 Senator Wright. 3 SENATOR WRIGHT: Thank you, 4 Mr. President. 5 I rise to join my colleagues in 6 recognizing and memorializing the life of 7 Trooper Brinkerhoff and sharing with his 8 family and his wife the sacrifices they made 9 on behalf of the people of New York State. 10 As we are memorializing that life 11 and sacrifice, a constituent of mine, Amanda 12 Reif, lies in a hospital. Trooper Reif is 13 assigned to Troop B in Canton. Monday, her 14 birthday, she responded and was shot in the 15 line of duty. She had just returned to work, 16 having completed a maternity leave for the 17 birth of her 7-month-old son. 18 Like Trooper Brinkerhoff, Amanda 19 Reif brought to the State Police a desire 20 since sixth grade to be a professional in the 21 law enforcement community in this state, to 22 serve and protect the people of this state. 23 Like David Brinkerhoff, she's demonstrated the 24 commitment, the dedication, the selflessness 25 that the people in the State Police and law

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(518) 371-8910 1 enforcement throughout the state provide us 2 every day. 3 I want to recognize that commitment 4 of Amanda at the same time we're recognizing 5 Trooper Brinkerhoff's commitment and the 6 commitment of every one of his and her 7 colleagues that serve the people of this state 8 every day. 9 They make and their families make 10 sacrifices to give our families the 11 protection, our communities the protection 12 that we so rightly expect and deserve. We 13 have an obligation to ensure that we provide 14 them the protections that they're entitled to 15 to meet their obligations on our behalf. 16 I want to extend my prayers to the 17 Brinkerhoffs, to the family, to their 18 colleagues and to Amanda today and wish her a 19 speedy recovery. 20 ACTING PRESIDENT WINNER: Thank 21 you, Senator Wright. 22 Senator Golden. 23 SENATOR GOLDEN: Thank you, 24 Mr. President. 25 I would like to welcome the

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(518) 371-8910 1 Brinkerhoff family to our historic Senate 2 chamber and offer them our deepest 3 condolences. To his partner, Rich Mattson, 4 and to all of our troopers up here today, 5 thank you for being here. 6 As a member of the New York City 7 Police Department many years ago, I know how 8 rewarding it is to be a police officer and the 9 daily challenges to protect, to serve, and to 10 defend the people of this great state. 11 I have two nephews and a niece not 12 much younger than David Brinkerhoff currently 13 serving in the New York City Police 14 Department, and I often reflect on those 15 dangers and what we see happened to Trooper 16 Amanda Reif. 17 I try not to dwell on the danger of 18 the profession, but on the wonderful acts of 19 kindness, bravery and the service demonstrated 20 by law enforcement officers here across this 21 state. Every time that we lose a law 22 enforcement officer in the line of duty, it is 23 a tragic moment and a reminder that evil lurks 24 in our streets. 25 When I traveled to Coxsackie last

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(518) 371-8910 1 month to Trooper Brinkerhoff's funeral, I 2 witnessed the somber but a tremendous 3 outpouring of love and admiration for the 4 Brinkerhoff family. Up and down the Thruway 5 and throughout that tiny upstate town, the 6 focus was on the life of a great man and a 7 public servant. What I saw that night was the 8 love and admiration from New Yorkers and the 9 respect of all they had for that life of 10 Trooper David Brinkerhoff. 11 I would like to recite a few words 12 from a poem written by Patrick J. Quigley of 13 the Lewis Police Department in Sussex, 14 Delaware. These remind me of that somber day 15 in Coxsackie. 16 "It was a beautiful spring day; the 17 colors flew proudly in the breeze. The sun 18 was shining and the birds were chirping, yet 19 nobody seemed at ease. 20 "A somber mood filled the air, a 21 sense of sadness amongst us all; for today we 22 buried a hero who chose to answer the call. 23 "They came from far and wide to 24 show their respect and admiration for his 25 commitment to serve and protect, and a

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(518) 371-8910 1 lifetime of service and dedication. 2 "As family members wept and 3 officers consoled one another, we realized the 4 magnitude of our loss as we buried yet another 5 law enforcement brother." 6 May the sacrifice and the courage 7 of Trooper David Brinkerhoff inspire within 8 the young men and women of New York State the 9 same spirit of service and the desire to do 10 good for humanity. 11 May God bless David, David's soul, 12 David's family, all of our state troopers here 13 today, and all of law enforcement across the 14 State of New York. 15 Thank you. 16 ACTING PRESIDENT WINNER: Thank 17 you, Senator Golden. 18 Senator Bonacic. 19 SENATOR BONACIC: Thank you, 20 Mr. President. 21 Senator Bruno, Senator Smith, my 22 colleagues, unfortunately these kinds of 23 resolutions are coming too frequently before 24 us. We should and can do more to protect our 25 law enforcement officials throughout the State

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(518) 371-8910 1 of New York. 2 Having said that, to the 3 Brinkerhoff family, David was the best of the 4 best. Some of our colleagues, including 5 myself, attended his funeral, and I was 6 impressed with two things. One, the 7 solidarity of law enforcement. I bet there 8 were close to 5,000 law enforcement officials 9 from all over the United States, including 10 Canada, that came to pay their respects to 11 David. 12 And the second thing was the 13 celebration of his life. I don't think there 14 was a dry eye in the place. 15 And I will say, in conclusion, 16 because you have suffered immensely and you'll 17 always have this hole in your heart, that 18 Socrates once said: As long as we remember, 19 he shall always live within us. 20 And that thin line between 21 civilization and chaos is the gray line that's 22 up there and all over the State of New York. 23 And they were our heroes the day they put 24 their uniform on, and will always be our 25 heroes.

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(518) 371-8910 1 So we thank God and the Brinkerhoff 2 family for giving us David. 3 Thank you. 4 ACTING PRESIDENT WINNER: Thank 5 you, Senator Bonacic. 6 Senator Adams. 7 SENATOR ADAMS: Thank you, 8 Mr. President. 9 I too rise in support. I recall 10 when I retired from the New York City Police 11 Department, and I learned a mother's secret. 12 I remember hugging my mother at the 13 retirement ceremony, and I heard her exhale 14 like never before. You know, she -- she 15 just -- for 21 years, she never really 16 exhaled, never really just got over the fact. 17 And a mother knows that every day 18 that her son is out there patrolling, no 19 matter if his uniform is blue or gray, no 20 matter if he's a captain, a state trooper, no 21 matter what he is -- you know what? He's just 22 her son. That's all she knows. That's her 23 baby. 24 And when Mama, she -- she -- when 25 she hugged me that day [pause], I started to

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(518) 371-8910 1 realize that the path of the bullet doesn't 2 change merely because you hit the physical 3 anatomy of a person, it continues to rip 4 through the spiritual anatomy of a family and 5 the anatomy of your friends and other 6 troopers. 7 And people want to romanticize and 8 theorize what it is, but we're talking about 9 just our boys and just our girls, just our 10 children. And that's how important they are. 11 And, you know, when you go through 12 experiences like this, if there's one 13 consolation, Mother, understand that this 14 transformation from the physical to the 15 spiritual, it's not a period that ends the 16 sentence of your son's existence. It's only a 17 comma that leads to an exclamation point of a 18 more higher and lofty position. He's always 19 in your heart and in your soul. 20 I'm a self-confessed mama's boy, so 21 I feel your pain. But take with you that you 22 have a son that lived the life that he wanted 23 to live, that provided the service that he 24 wanted to provide. And no matter what 25 happens, he was the man that you wanted him to

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(518) 371-8910 1 be. And that's the message I want to send to 2 you as I sit here and think about what my 3 mother felt on my retirement day. 4 And I also want to say that when 5 you lose a person like David, to his 6 colleagues and families and friends, I think 7 about when over 15, 16 years ago, Robert 8 Venable, when he passed away and I received a 9 call. And my baby brother, who was a sergeant 10 in the police department, he called me to find 11 out if I was all right. And although we 12 temporarily exhaled, we realized that someone 13 from our law enforcement family passed away. 14 And many in here, in this 15 chamber -- Senator Volker and Senator Golden 16 and so many others who have adorned the 17 uniform and patrolled the streets of Troy or 18 New York or Bedford-Stuyvesant or Brownsville 19 or any other part of this state -- we realize 20 there's only one desire we have, and that is 21 to protect and to serve. That is our desire. 22 Some people believe that when your 23 son took off his uniform or when your dad took 24 off his uniform or when your husband took off 25 his uniform that all of a sudden that he no

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(518) 371-8910 1 believed he had an obligation. No. 2 An accountant closes his books. A 3 mechanic closes his shop. A storekeeper goes 4 home. A police officer, a state trooper, they 5 don't know what off-duty is. They don't know 6 what it is to all of a sudden believe that I 7 no longer am supposed to protect and serve. 8 That is all they know. It becomes an 9 additional vital organ inside their body. 10 And the saddest day of my life was 11 when I retired, leaving those men and women 12 who I spent 21 years of my life with. And we 13 mourned and we cried and we shed a tear. 14 But also, this is more than just a 15 moment of reflection; this is a celebration of 16 life. And if we can see through our pain, see 17 through our hurt, we're realizing that we're 18 celebrating a life. Your son, your dad, your 19 husband, he gave us an opportunity to cheer 20 that we're participating in this humanistic 21 experience. And he's a contributor, as I 22 always say, to the greatest race alive, and 23 that's the human race. 24 And, Mother, feel with my family 25 joy in extension with you, wife, dad, son,

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(518) 371-8910 1 sister. I know the experience. I must have 2 attended 10 to 15 funerals throughout my 3 career. And the only consolation that you 4 walk away with is that you realize those men 5 and women who decided to adorn a uniform and 6 participate in the role of public safety, they 7 could have easily been detached spectators in 8 this full contact sport called life. But they 9 decided to be involved participants and to 10 change, in a very little way. 11 So many people live their lives and 12 on the walls of their exteriors, there are 13 stars. But they're costarred and supporting 14 cast, like your son David. He has done so 15 much and has touched so many. 16 And I remember, when I decided to 17 run for office, sitting down with the Minority 18 Leader, Malcolm Smith, even while I was 19 campaigning. He said: "Eric, you have to 20 bring something to the Senate chamber. You 21 have to bring a way how do we not only respond 22 when our officers lose their lives, but what 23 do we do to prevent them from losing their 24 lives." 25 There's no consolation prize that

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(518) 371-8910 1 we respond after. More has to be done. How 2 do we make our streets safer. How do we make 3 sure our state troopers and our police 4 officers have the tools to do the job to 5 protect and to serve us. 6 This today, this event today, this 7 celebration of the life of David should be a 8 reflection and a reindication and a 9 recommitment to us carrying out that goal, to 10 ensure that we don't have to stand at a 11 funeral and hug a mother, to ensure that state 12 troopers don't have to adorn their uniform 13 with tears, to ensure that we don't have 14 symbolically touch lockers as we go on to 15 patrol, that we don't have to symbolically 16 hang up a uniform and don't have to build up 17 walls of fallen heroes. 18 And we must do that proactively and 19 not reactively. That's my commitment. That's 20 my commitment to you, that's my commitment to 21 the family of David and his peers. When you 22 look at the elite unit that he was in, he was 23 more than just a state trooper. He decided to 24 put himself in harm's way by being in the most 25 difficult assignments, like ESU in the police

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(518) 371-8910 1 department and those other assignments that 2 carry with it a higher level of danger and a 3 higher level of commitment. 4 We applaud you. And more 5 important, we appreciate you. We appreciate 6 your son, your husband, your father, and all 7 that he has done to make this a better city 8 and a better state to live in. 9 I thank you very much. 10 ACTING PRESIDENT WINNER: Thank 11 you, Senator Adams. 12 Senator Diaz. 13 SENATOR DIAZ: Thank you, 14 Mr. President. 15 Today is one of those days that I 16 have to -- as a Puerto Rican minister, I have 17 to come back here and say a few things. Today 18 we are honoring the memory of David C. 19 Brinkerhoff. 20 And I am a preacher, I'm a pastor. 21 I'm also the father of a daughter who happens 22 to be a police sergeant in the New York City 23 Police Department. 24 As a pastor, as a minister, the 25 congregation that I am the leader of, too

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(518) 371-8910 1 often I have to preach sermons in a place 2 where somebody died. And it is my duty, it's 3 my duty to try to comfort the family, the 4 relatives. 5 Senator Malcolm Smith, he mentioned 6 before a biblical passage. He said that God 7 would not give you more than you can handle. 8 And we -- as a preacher, sometimes we use a 9 passage in Ecclesiastes, chapter 7, that says 10 it is best to go to the house of the funeral 11 than to the house of a banquet. 12 And there is a contradiction there, 13 apparently. Because when you go to a house of 14 a banquet, everybody laughs, everyone puts on 15 their best suit, everyone is happy, dancing, 16 rejoicing. And when you go to a house of a 17 funeral, everybody cries, people are sad, they 18 dress in black. 19 Then we ask, how come the Bible 20 says that it is best to go to the house of a 21 funeral than to the house of a banquet? And 22 then we also say that the Bible says whoever 23 hits you in the cheek, put the other cheek. 24 And today I see the family of 25 Trooper David C. Brinkerhoff, and I tend to

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(518) 371-8910 1 say that -- Malcolm Smith also said: "I don't 2 know what you're going through. I can't 3 understand your feelings, because I didn't go 4 through it." 5 And that is the most correct thing 6 that has been said in here this morning. Who 7 knows what happens, who knows what goes 8 through the minds of a father and a mother, of 9 a relative of David C. Brinkerhoff today. 10 I just would like to think that if 11 something like this happens to my daughter, if 12 something like this happens to my daughter and 13 I have to confront a situation like that, what 14 would I do? 15 I'm a preacher. And being a 16 preacher and a pastor, we preachers and 17 pastors and ministers and rabbis and priests, 18 we are the best in the world comforting and 19 consoling other people in their pain. We're 20 the best. We say: Don't worry about it, 21 because to a good father, to a good mother, to 22 a good son, to a good citizen, whenever they 23 die there is a voice from heaven that says, 24 Come, good servant and faithful servant, come 25 to the kingdom prepared for you from the

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(518) 371-8910 1 beginning of the world. 2 And we use all those biblical 3 passages to comfort the relatives. But I'm 4 the father of my only daughter, who happens to 5 be a police sergeant in the City of New York. 6 And I ask myself, what would I do, what would 7 go through my mind if something like this 8 happens to my daughter, my only daughter. 9 What would happen? What would I do? 10 Would I be able to use the same 11 biblical passages and the same words that I 12 use to comfort others and that we're using 13 today to comfort the family of David 14 Brinkerhoff? If something like that happens 15 to me, who knows. Only the parents know. 16 And no matter how many words we use 17 and no matter how many resolutions we do -- 18 which is good, and I congratulate Senator 19 Bruno and this body for doing this, because 20 this is the only thing that they will have in 21 the future, as years go by. 22 But no matter what we do, that 23 pain, that suffering, that pain of losing a 24 son, of losing a husband, losing a brother -- 25 that pain, who takes it away? How would that

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(518) 371-8910 1 go somewhere? 2 So, you know, again to the 3 relatives of David C. Brinkerhoff, we are so 4 sorry today for you that you have lost a son, 5 a brother, a husband, whatever. And the only 6 thing that I could do is join Malcolm Smith 7 when he says in my prayers, in my loneliness 8 with God, I will mention your name and ask for 9 strength for your family and for your 10 relatives. 11 But be aware and always know that a 12 hero, a hero will always be remembered. A 13 hero who loses his life like this in the line 14 of duty, and protecting, a hero will never be 15 forgotten. 16 So no matter what we do or what we 17 say, please walk out of here knowing, 18 remembering that in this body, here, there are 19 men and women who really care and who really, 20 really honor your son and who will really 21 remember, no matter what, David C. 22 Brinkerhoff. 23 God bless you, and may the Lord 24 give you strength in this day of suffering. 25 Thank you.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Thank 2 you, Senator Diaz. 3 Senator Saland. 4 SENATOR SALAND: Thank you, 5 Mr. President. 6 Mr. President, I rise to express, 7 as my colleagues have before me, my sincere 8 and deepest condolences to the Brinkerhoff 9 family on the loss of their son David. Not 10 only was he a member of law enforcement, a 11 member of the state troopers, but first and 12 foremost he was a father, a husband, a son and 13 a brother. 14 So I'm sure the pain is enormous. 15 And yet what you have witnessed here today is 16 I think an expression not merely of words but 17 of sincerity, of gratitude, of deepest 18 appreciation for a noble public servant. 19 I quite candidly did not have the 20 good fortune of experiencing the pleasure of 21 knowing your son. I have for much of my life 22 told my many friends in law enforcement that 23 I've always been a law enforcement wannabe. 24 And as I look up in the gallery and 25 I see so many state troopers, members of the

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(518) 371-8910 1 State Police, I am reminded, as has been 2 mentioned here today, that each and every day 3 when they go out on a tour they know all too 4 well, and each and every one of them has 5 contemplated, I'm sure, the ultimate sacrifice 6 that young David experienced. 7 And yet notwithstanding that, each 8 and every day they go out on their tours. And 9 each and every day they protect people who 10 they don't know, they protect communities. 11 They're always there and always ready and 12 willing to serve. 13 And for those on the Mobile 14 Response Team, I'm sure it's particularly 15 poignant. 16 I visited Trooper Mattson while he 17 was recuperating at Albany Medical Center and 18 was extraordinarily impressed by his tenacity, 19 his desire to get back on the job. It is, I'm 20 sure, having never experienced it, to have 21 your life flash in front of you in one of 22 these encounters has to be the absolute 23 ultimate. 24 And while we are here to pay our 25 respects to you and your family and to your

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(518) 371-8910 1 son, I would certainly be remiss if I didn't 2 acknowledge the importance of being thankful 3 that we are not here paying condolences to 4 more than one family, thanking those of you 5 who serve so nobly, so honorably. And I would 6 only hope that this does not become an event 7 that we have to replicate again and again. 8 I would hope that these types of 9 words of regard and affection are heard in the 10 communities that you serve, heard from your 11 neighbors, heard from the people who you may 12 attend church with. It should not come after 13 you've paid the ultimate price. You should 14 get to hear all of these expressions of 15 gratitude while you are on the job. 16 So I would say may the Lord bless 17 your son, your father, your brother, your 18 husband, and may He always protect each and 19 every one of his colleagues and those in law 20 enforcement, as they said about protecting all 21 of us. And the Lord certainly knows how well 22 they do it. 23 Thank you. God bless you. 24 ACTING PRESIDENT WINNER: Thank 25 you, Senator Saland.

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(518) 371-8910 1 Senator Volker. 2 SENATOR VOLKER: Mr. President, 3 you know, as I sat here, I think I've heard 4 just about some of the best tributes to anyone 5 that I've ever heard. And I've been in this 6 house -- scary -- for 34 years, 33 years, I 7 guess it is. 8 But I must say to Barbara, and 9 someday Isabella Grace will know about it, and 10 to Roy Brinkerhoff and Karen Howard, I've been 11 here many years, but I must tell you that 12 Senator Bruno's presentation, Senator Smith, 13 and everyone in this chamber I thought showed 14 the really heartfelt feeling, not just for 15 David but for your family. 16 But you know, it was something I 17 thought of as I was sitting here listening, we 18 sometimes denigrate -- first of all, this 19 house gets denigrated. We're into things we 20 shouldn't be into, and we're criticized for 21 just about everything. And the United States 22 of America gets criticized because we don't 23 target on supposedly the things we should. 24 I couldn't help but think what 25 country in the world where, in the midst of

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(518) 371-8910 1 the end of a session, with all the business 2 going on and all the problems, would stop and 3 without any worry about time pay tribute to a 4 young hero who came out of upstate New York -- 5 I believe he was born in my district, brought 6 up in Senator Stachowski's -- who died, well, 7 quite a ways from where he was born, risking 8 his life for all the people of the state, 9 knowing full well that he might have to give 10 up the rest of his life, a life that he loved. 11 It is a tribute not just obviously 12 to David, but it's a tribute I think to -- in 13 a sense, to this house, that we realize who 14 the real heroes are. It would be a good 15 lesson for maybe some people in the press. 16 And I don't mean to be critical, 17 but sometimes I think with sports people and 18 even major politicians, the real heroes, the 19 real heroes in this nation and in this state 20 are people like David. They're people like 21 Richard Mattson. They're like the young woman 22 who's now in a hospital in Vermont recovering 23 from her wounds. 24 But let me just finish by saying 25 thank you for having, and I think it's

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(518) 371-8910 1 courage, I tell you, particularly Barbara and 2 Karen, to come up here. And as great as it is 3 to listen to tributes to your son, I know how 4 difficult it is. 5 But let me just say that there is 6 no one in this chamber, I am convinced, don't 7 ever kid yourself, who doesn't feel that your 8 son is a hero. And your husband. He's not 9 only a hero, but he's a person that we will 10 not forget, that no one should forget. And 11 understanding that he is a person who should 12 be remembered and will be remembered, by the 13 way, on the wall of the police officer's 14 memorial. 15 I remember walking away from the 16 wall in 2006 saying I hope that 2007 is a 17 better year than 2006. Unfortunately, it 18 wasn't. 19 But let me just finish by saying 20 God bless the entire family. And I can assure 21 you that I think I'm speaking for everyone in 22 this body when I say if there's ever anything 23 we can help your family with, we'll do it. 24 So good luck. We will not forget 25 David.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Thank 2 you, Senator Volker. 3 The question is on the resolution. 4 All in favor signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT WINNER: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT WINNER: The 10 resolution is adopted. 11 (Standing ovation.) 12 ACTING PRESIDENT WINNER: Senator 13 Bruno. 14 SENATOR BRUNO: Thank you, 15 Mr. President. 16 Can I ask that all of our 17 colleagues here in the Senate be added to this 18 resolution. And if anyone would prefer 19 otherwise, please privately indicate that at 20 the front desk. 21 Thank you, Mr. President. 22 ACTING PRESIDENT WINNER: Thank 23 you, Senator Bruno. 24 SENATOR BRUNO: And I believe, 25 Mr. President, that there is a resolution by

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(518) 371-8910 1 Senator Leibell at the desk. I would ask that 2 the title be read and move for its immediate 3 adoption. 4 ACTING PRESIDENT WINNER: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 Leibell, Legislative Resolution Number 3033, 8 honoring Timothy S. Carey upon the occasion of 9 his retirement as President and Chief 10 Executive Officer of the New York Power 11 Authority, after more than 30 years of 12 distinguished public service. 13 ACTING PRESIDENT WINNER: The 14 question is on the resolution. All those in 15 favor signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT WINNER: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT WINNER: The 21 resolution is adopted. 22 Senator Fuschillo. 23 SENATOR FUSCHILLO: Thank you, 24 Mr. President. 25 On behalf of Senator O. Johnson,

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(518) 371-8910 1 please place a sponsor's star on Calendar 2 Number 1809. 3 ACTING PRESIDENT WINNER: So 4 ordered. 5 SENATOR FUSCHILLO: On behalf of 6 Senator Skelos, I wish to call up Senate Print 7 Number 5196, recalled from the Assembly, which 8 is now at the desk. 9 ACTING PRESIDENT WINNER: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 989, by Senator Skelos, Senate Print 5196, an 13 act to amend the General Business Law. 14 SENATOR FUSCHILLO: I now move to 15 reconsider the vote by which the bill was 16 passed. 17 ACTING PRESIDENT WINNER: Call 18 the roll on reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 SENATOR FUSCHILLO: I now offer 22 the following amendments. 23 ACTING PRESIDENT WINNER: The 24 amendments are received and adopted. 25 SENATOR FUSCHILLO: On behalf of

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(518) 371-8910 1 Senator Flanagan, on page number 50 I offer 2 the following amendments to Calendar Number 3 1854, Senate Print Number 5506, and ask that 4 said bill retain its place on Third Reading 5 Calendar. 6 ACTING PRESIDENT WINNER: The 7 amendments are received and adopted. The bill 8 will retain its place on the Third Reading 9 Calendar. 10 Thank you, Senator Fuschillo. 11 SENATOR FUSCHILLO: Thank you. 12 ACTING PRESIDENT WINNER: The 13 Secretary will read the substitutions. 14 THE SECRETARY: On page 24, 15 Senator Stewart-Cousins moves to discharge, 16 from the Committee on Rules, Assembly Bill 17 Number 3164 and substitute it for the 18 identical Senate Bill Number 4137, Third 19 Reading Calendar 893. 20 On page 24, Senator Padavan moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 2139A and substitute it 23 for the identical Senate Print Number 881A, 24 Third Reading Calendar 928. 25 On page 43, Senator Saland moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 4932B and substitute it 3 for the identical Senate Bill Number 5670B, 4 Third Reading Calendar 1724. 5 On page 45, Senator Hannon moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 8082 and substitute it 8 for the identical Senate Bill Number 5017, 9 Third Reading Calendar 1806. 10 On page 45, Senator Flanagan moves 11 to discharge, from the Committee on Commerce, 12 Economic Development and Small Business, 13 Assembly Bill Number 726 and substitute it for 14 the identical Senate Bill Number 5593, Third 15 Reading Calendar 1811. 16 On page 45, Senator Bruno moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 7842A and substitute it 19 for the identical Senate Bill Number 5890A, 20 Third Reading Calendar 1812. 21 On page 46, Senator Saland moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 8975 and substitute it 24 for the identical Senate Bill Number 5931, 25 Third Reading Calendar 1814.

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(518) 371-8910 1 On page 47, Senator Saland moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 8460 and substitute it 4 for the identical Senate Bill Number 6098, 5 Third Reading Calendar 1824. 6 On page 47, Senator DeFrancisco 7 moves to discharge, from the Committee on 8 Rules, Assembly Bill Number 8921 and 9 substitute it for the identical Senate Bill 10 Number 6157, Third Reading Calendar 1828. 11 On page 48, Senator Hannon moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 4650A and substitute it 14 for the identical Senate Bill Number 2339A, 15 Third Reading Calendar 1836. 16 On page 49, Senator Morahan moves 17 to discharge, from the Committee on Finance, 18 Assembly Bill Number 6574 and substitute it 19 for the identical Senate Bill Number 4108, 20 Third Reading Calendar 1842. 21 On page 49, Senator O. Johnson 22 moves to discharge, from the Committee on 23 Finance, Assembly Bill Number 7380 and 24 substitute it for the identical Senate Bill 25 Number 4415, Third Reading Calendar 1846.

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(518) 371-8910 1 On page 49, Senator Little moves to 2 discharge, from the Committee on Agriculture, 3 Assembly Bill Number 7113A and substitute it 4 for the identical Senate Bill Number 5108A, 5 Third Reading Calendar 1851. 6 On page 49, Senator Hannon moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 4911 and substitute it 9 for the identical Senate Bill Number 5123, 10 Third Reading Calendar 1852. 11 On page 50, Senator Marcellino 12 moves to discharge, from the Committee on 13 Rules, Assembly Bill Number 8445 and 14 substitute it for the identical Senate Bill 15 Number 5309, Third Reading Calendar 1853. 16 On page 50, Senator Leibell moves 17 to discharge, from the Committee on Rules, 18 Assembly Bill Number 8273A and substitute it 19 for the identical Senate Bill Number 5996, 20 Third Reading Calendar 1857. 21 And on page 50, Senator Hannon 22 moves to discharge, from the Committee on 23 Rules, Assembly Bill Number 8780 and 24 substitute it for the identical Senate Bill 25 Number 6041, Third Reading Calendar 1860.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: 2 Substitutions ordered. 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President, 5 can we at this time recognize Senator 6 Montgomery. 7 ACTING PRESIDENT WINNER: Senator 8 Montgomery. 9 SENATOR MONTGOMERY: Yes, thank 10 you, Mr. President. 11 There will be an immediate meeting 12 of the Democratic conference in the Democratic 13 Conference Room, Room 315. 14 ACTING PRESIDENT WINNER: There 15 will be an immediate meeting of the Senate 16 Minority in the Minority Conference Room, 17 Room 315. 18 SENATOR BRUNO: Mr. President. 19 ACTING PRESIDENT WINNER: Senator 20 Bruno. 21 SENATOR BRUNO: Two things. One, 22 I believe the Minority would like an immediate 23 conference, and I would represent a conference 24 here with the Majority. 25 And we'll stand at ease until

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(518) 371-8910 1 1:00 p.m. and no later. We'll reconvene at 2 1:00. 3 ACTING PRESIDENT WINNER: There 4 will be an immediate meeting of the Senate 5 Majority in the Majority Conference Room, and 6 likewise for the Senate Minority in the 7 Minority Conference Room. 8 The Senate stands at ease. 9 (Whereupon, the Senate stood at 10 ease at 12:26 p.m.) 11 (Whereupon, the Senate reconvened 12 at 1:22 p.m.) 13 SENATOR SKELOS: Mr. President. 14 ACTING PRESIDENT WINNER: Senator 15 Skelos. 16 SENATOR SKELOS: If we could go 17 to the noncontroversial reading of the 18 calendar. 19 ACTING PRESIDENT WINNER: The 20 Senate will come to order. 21 We will go to the noncontroversial 22 reading of the calendar. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 94, by Senator Saland, Senate Print 1097, an

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(518) 371-8910 1 act to amend the Education Law. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 190, by Senator Golden, Senate Print 1777, an 14 act to amend the Penal Law. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 SENATOR SKELOS: Lay it aside 24 temporarily, please. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is laid aside temporarily. 2 THE SECRETARY: Calendar Number 3 338, by Senator Fuschillo, Senate Print 2969B, 4 an act to amend the General Business Law. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of January 9 next succeeding. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 660, by Senator Volker, Senate Print 4632, an 18 act to amend the Criminal Procedure Law. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 5. 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 ACTING PRESIDENT WINNER: Senator 2 Volker, to explain his vote. 3 I remind the members that under the 4 provisions of the rules for explaining the 5 vote, please hold your comments, as best you 6 can, to two minutes. 7 SENATOR VOLKER: Yeah, I'll do my 8 best. 9 (Laughter.) 10 SENATOR VOLKER: Yeah, Senator 11 Bruno reminded me of that also, by the way. 12 Let me just say that this is the 13 bill that my good friend here, Senator Dilan, 14 asked me about earlier. He said why is it 15 that a police officer's life is worth more 16 than an ordinary citizen. 17 And I said at the time it's not, 18 but the likelihood is that a police officer 19 would be killed about maybe a thousand times 20 more than the average citizen. 21 This bill is the fix bill, as I 22 call it. Because all this bill really does is 23 to take the old statute, which is still on the 24 books, and change the sentencing provision. 25 Because what the Court of Appeals judges did

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(518) 371-8910 1 was what some of the lawyers that I know 2 called jury nullification. 3 They looked and they looked to try 4 to figure something to try to frustrate the 5 death penalty. And what they said was that a 6 jury somehow might be intimidated because if 7 there was a jury clash -- that is, it was not 8 unanimous -- then the alternative was that the 9 automatic sentence would be a sentence of 10 life, 25 years and the person could get out. 11 So what this bill does is equate 12 itself to that decision. It says that if you 13 have a deadlock -- that is, the decision of 14 the jury is not unanimous -- then the deadlock 15 provision says that that person must be 16 sentenced to life without parole. 17 Personally I think it shows the 18 misunderstanding that a lot of people have 19 that are opposed to the death penalty of the 20 importance of life without parole. I've often 21 said that you've got to look at how many law 22 professors and college professors, criminals, 23 so many people oppose the death penalty. 24 Because the truth is it is a deterrent. They 25 know it, everyone knows it. But they're

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(518) 371-8910 1 afraid of it. 2 And the reason they're afraid of 3 it -- and I understand -- is that as has 4 happened since the death penalty was 5 restored -- and there have been a number of 6 studies that were kept under wraps for years. 7 And when the Assembly went out and did their 8 hearings, they made sure they had the proper 9 people there who could give their studies. 10 And anybody opposed to the death penalty came 11 in and did their studies. The studies, of 12 course, were for the most part nonsense. 13 But I have to tell you, I've often 14 said before we did probably one of the most 15 thorough studies of studies that I don't think 16 anybody has done. We looked all around the 17 country. And thanks to Senator Klein -- I had 18 lost track of Isaac Erhlich's study, which was 19 an extremely thorough study back in the '60s, 20 I think, that was considered by many people to 21 be the definitive study on deterrence. 22 And Ehrlich was not pro-death 23 penalty. And I often said that what you would 24 find is people who were pro-death penalty, 25 they found out it was a deterrent. If they

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(518) 371-8910 1 were anti-death penalty, big surprise, they 2 found that it wasn't a deterrent. But there 3 have been some studies by people who were in 4 the middle -- Ehrlich actually was opposed to 5 the death penalty initially. 6 There was one fellow in I think 7 it's Emory University did a study, along with 8 his colleagues -- yes, I know, I'll finish in 9 just a second -- and what he said was that 10 they found 1 to 18; for every execution, that 11 18 people could be saved. Now, they're not 12 just talking about police officers, they're 13 talking about people in general. 14 So this is a big bill. This is the 15 bill that covers everyone. This is the bill 16 that would restore the death penalty because 17 of the sentencing provision for anybody who is 18 murdered under the provisions of the bill. So 19 that's what this bill is. We passed it before 20 in this house last year, and it's basically 21 the same bill. 22 I vote aye. 23 ACTING PRESIDENT WINNER: Senator 24 Volker will be recorded in the affirmative. 25 Senator Liz Krueger, to explain her

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(518) 371-8910 1 vote. 2 SENATOR LIZ KRUEGER: Thank you, 3 Mr. President. 4 I'll be short: No. Because we 5 know the death penalty doesn't work. We don't 6 need a death penalty. 7 With all due respect to my 8 colleague who just spoke, the reason so many 9 college professors and other academics and 10 researchers have come out against the death 11 penalty is not because they're afraid of it 12 but because they've done their homework and 13 they have researched that it is not a 14 deterrent, that it is used inappropriately, 15 that people who have been later proved to be 16 innocent have ended up on death row or in fact 17 executed in this country, that there is no 18 mechanism at this time to ensure that it is a 19 perfect model and is not racially biased in 20 its application, and that we have life without 21 parole and therefore can protect the public 22 without needing to have a death penalty. 23 So I tend to like to use science 24 and research when it's available when I make a 25 decision about the law, and the research is

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(518) 371-8910 1 very, very clear. We do not need a death 2 penalty in New York State. There is no reason 3 to reimpose a death penalty. I vote no. 4 Thank you, Mr. President. 5 ACTING PRESIDENT WINNER: Thank 6 you, Senator Krueger. 7 Senator Schneiderman, to explain 8 his vote. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Mr. President. 11 I will be voting no, as I have in 12 the past on this. And I -- but I would like 13 to thank Senator Volker for raising the issue 14 of the econometric studies that I believe were 15 cited by Senator Golden when we had a prior 16 debate on this issue. 17 In fact, in a report dated June 10 18 of this year, the most recent report you could 19 possibly get, addressing these studies that 20 purport to show that the death penalty 21 actually is a deterrent, and I will quote: 22 "Follow-up studies by top social scientists 23 soundly reject those conclusions as well as 24 the flawed methodology used to reach them." 25 Jeffrey Fagan, a professor at

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(518) 371-8910 1 Columbia Law School and an expert on 2 statistics, testified to Congress that the 3 Emory and Denver studies were "fraught with 4 numerous technical and conceptual errors and 5 failed to reach the demanding standards of 6 social science." 7 The fact of the matter is there is 8 no support for the proposition -- no 9 demographic support, no econometric support, 10 no empirical support of any kind for the 11 proposition that the death penalty serves as a 12 deterrent, that it reduces killings. 13 If we're here to talk about 14 justice, let's talk about justice. Let's talk 15 about people who are wrongfully convicted who 16 will never have a chance to be exonerated if 17 they're subject to the death penalty. 18 You're not talking about justice. 19 You're talking about revenge. And to many 20 people those things are the same, but that 21 should not be the law in the State of 22 New York. That should not be the law in the 23 Senate. 24 And I challenge anyone who pretends 25 to have statistical evidence in support of the

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(518) 371-8910 1 absurd proposition that the death penalty 2 reduces crime to have a full and open debate. 3 Let's have a hearing, as we've been promised 4 for a long time in this house, to get the 5 latest data. If we were not afraid of the 6 data, Senator Volker, why not hold a hearing? 7 I'm come to Depew or wherever to 8 have the hearing. I'll travel west. But 9 let's do it. Let's get the real data out 10 there. What's the name of Dale's town? Oh, 11 Lancaster, excuse me. I will come to 12 Lancaster. 13 But let's not pass a flawed bill 14 based on flawed assumptions. I encourage 15 everyone, especially Senator Maziarz, to vote 16 no. 17 (Laughter.) 18 ACTING PRESIDENT WINNER: I 19 assume Senator Schneiderman will be recorded 20 in the negative. 21 SENATOR SCHNEIDERMAN: Yes. 22 ACTING PRESIDENT WINNER: Senator 23 Diaz, to explain his vote. 24 SENATOR DIAZ: Thank you, 25 Mr. President.

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(518) 371-8910 1 Again, today, we have the honor of 2 this sad situation where we were all 3 celebrating the life of Trooper David C. 4 Brinkerhoff. And I said before that I was a 5 preacher, a minister. 6 And I'm opposing this bill not 7 because I don't think that it might work. I 8 am not voting against the bill because maybe, 9 as a human, I don't believe that a person that 10 takes a gun, loads that gun, goes to the 11 bodega and kills that bodeguero, leaving the 12 children and parents orphaned, maybe as a 13 human, as a human, my human feeling might tell 14 me he or she deserves the death penalty. 15 I'm not voting against the bill 16 because I don't believe or maybe I don't think 17 that a person that gets into a taxicab and 18 shoots that person to steal the money doesn't 19 deserve the death penalty. My human feeling, 20 my human feeling says he or she deserves to be 21 executed too. 22 I'm not voting against the death 23 penalty because I don't believe that a man or 24 a person that goes into a home and rob and 25 assault and rape a woman and kill somebody

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(518) 371-8910 1 doesn't deserve the death penalty. My human 2 feeling, my human nature might tell me he or 3 she deserves the death penalty. 4 But my religious beliefs are 5 stronger than my human feeling. My religious 6 beliefs take priority on my human feelings. 7 And I cannot vote because I believe that life 8 is sacred in all stages, especially in those 9 late-term abortions where people are killing 10 the baby when it is born -- 11 ACTING PRESIDENT WINNER: Senator 12 Diaz, how do you vote? 13 SENATOR DIAZ: I'm finishing in a 14 minute, my friend. I will be done in a 15 minute. Because some other people talk so 16 long and you don't cut them. 17 ACTING PRESIDENT WINNER: Senator 18 Diaz, we're trying to limit this to two 19 minutes, and -- 20 SENATOR DIAZ: And I'm trying to 21 say what I'm trying to say in two minutes. 22 So I also question those people 23 that don't believe in the death penalty but 24 believe in killing a baby, an infant, in a 25 late-term abortion. I question that too, that

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(518) 371-8910 1 hypocrisy. 2 But I believe that life is sacred 3 in all stages of life. So that's why I'm 4 voting against this bill. And that's what I 5 am saying. I'm here as a minister, as a 6 Senator, voting according to my religious 7 belief. 8 ACTING PRESIDENT WINNER: Senator 9 Diaz will be recorded in the negative. 10 Senator Perkins, to explain his 11 vote. 12 SENATOR PERKINS: Thank you, 13 Mr. President. 14 Every time this debate comes up, I 15 am forced to think about New York City in 16 1989. It was a time when the city was going 17 through a major election, an historic 18 election. It was a momentous time for 19 New York City. Dave Dinkins was about to 20 become the mayor. 21 But unfortunately it was also the 22 time when there was this great Central Park 23 rape case that not only affected New York City 24 but affected the state and the nation and in 25 fact I believe to some extent triggered a call

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(518) 371-8910 1 that ultimately resulted in the last death 2 penalty. 3 And I'm reminded painfully of the 4 fact that there were five young men, five 5 kids, five children of my neighbors who were 6 accused of that Central Park jogger rape. And 7 a lynch-mob mentality spearheaded by Donald 8 Trump, in which he took out ads in the New 9 York Times and all the other local media 10 calling for the return of the death penalty. 11 And that period, that lynch-mob 12 period, resulted in all of those children 13 being tried, convicted, and sentenced before 14 they were even brought to the court. And if 15 the people of this city and this state had 16 listened to Donald Trump, those children would 17 have been sentenced to death under the death 18 penalty. 19 And it turns out that approximately 20 12 years later, the real rapist, Matias Reyes, 21 confessed to not only the Central Park jogger 22 rape but also to several other rapes, 23 including the murder of a pregnant woman. 24 And by the way, five other women 25 were raped around that same time on April 19,

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(518) 371-8910 1 1989, all of color, none of whom -- one of 2 whom was thrown off a roof, none of whom got 3 the kind of publicity and attention that the 4 Central Park jogger got, primarily because she 5 was white and she was working for Salomon 6 Brothers. 7 I was very intimately involved in 8 that. And it pains me to think that because 9 of Donald Trump and because of that historical 10 moment, these five kids, who ultimately were 11 proven to be innocent, where the videotape 12 confessions were proven to be coerced, and to 13 such an extent that the district attorney, Bob 14 Morgenthau, who originally prosecuted the 15 case, had to say that those videotaped 16 confessions in which those kids essentially 17 confessed that they did it, did not hold 18 water. 19 ACTING PRESIDENT WINNER: Senator 20 Perkins -- 21 SENATOR PERKINS: To his 22 credit -- I'm concluding -- he called, he 23 determined that the case had to be relooked 24 at. And ultimately those children, those five 25 kids from my neighborhood, were set free.

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(518) 371-8910 1 Unfortunately, nevertheless, crippled for life 2 because of the stigma and the fact that they 3 had to serve up to 13 years. 4 So I'm voting against this death 5 penalty bill because there are too many 6 instances in which people are accused of -- 7 ACTING PRESIDENT WINNER: Senator 8 Perkins. 9 SENATOR PERKINS: -- crimes, and 10 in this case of murder or some kind of rape, 11 where the evidence does not hold up. And it's 12 only by the grace of God and DNA and the 13 review of the tapes, of the videotaping of 14 those confessions, that they were able to be 15 set free. 16 And so again, thank you so much, 17 I'm voting no. 18 ACTING PRESIDENT WINNER: Senator 19 Perkins will be recorded in the negative. 20 Senator Parker, to explain his 21 vote. Within the two-minute period, I hope, 22 Senator Parker. Thank you. 23 SENATOR PARKER: Let me first 24 thank Dale Volker for raising this issue, 25 because I think it is an important issue. We

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(518) 371-8910 1 all want our communities to be safe. We all 2 want our communities to be safe. 3 Unfortunately, this is not the way 4 that does it. And we disagree that this 5 method in fact deters crime. The whole idea 6 of a death penalty is based on, you know, an 7 eye for an eye, a tooth for a tooth. The 8 problem with that, at the end of the day it 9 leaves society blind and toothless. And 10 that's not the way we ought to be going. 11 This way is more expensive than 12 giving life sentences, so the state loses 13 money by this. It doesn't work in terms of 14 deterring people. 15 And further, because of the 16 inability for both our police departments, our 17 courts and our district attorneys to act in a 18 way that is not biased -- and we know that 19 from all of the empirical evidence -- you wind 20 up with numbers of people, mostly black and 21 Latino, and all poor, who wind up getting the 22 death penalty. And that's no way to run a 23 system that ought to be fair and just and 24 nonbiased. 25 And so for all of those reasons,

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(518) 371-8910 1 and adding my voice to the chorus of those who 2 are calling for the defeat of this bill, I'll 3 be voting no. 4 ACTING PRESIDENT WINNER: Thank 5 you. Senator Parker will be recorded in the 6 negative. 7 Senator Connor, to explain his 8 vote. 9 SENATOR CONNOR: Thank you, 10 Mr. President. 11 I've spoken many, many, many times 12 on the death penalty on this floor, never for 13 two minutes. So this is a challenge. 14 I'll sum it up. Studies -- is it a 15 deterrent, isn't it a deterrent, professor 16 this or professor that says so or says it 17 isn't -- I never go by that. I just know 18 instinctively for a large portion of people 19 who commit murder, nothing is a deterrent. 20 They never believe they're going to get 21 caught. They just don't believe they're going 22 to get caught. 23 You think contract killers ever 24 believe they're going to get caught? They're 25 in the business of it. They're sure they'll

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(518) 371-8910 1 never get caught. So I don't get into that. 2 I know something. Historically the 3 death penalty arises from a barbaric age. It 4 was applied to many, many crimes. You have 5 the Dickens citation of the pickpockets 6 working the crowd at the hanging of other 7 pickpockets. You just know, in those days 8 there wasn't a penal system that could 9 securely deal with people. Today we can do 10 that. We can put people in life without 11 parole. 12 And therefore, why should we 13 embrace once again a penalty that's not worthy 14 of our modern civilization and which almost 15 every civilized nation in the world has now 16 rejected? 17 Secondly, we may have the most 18 perfect justice system that any human 19 contrivance has come up with in any nation. 20 We may. That said, it's a human system. It 21 is fallible. It makes errors. It is always 22 biased, always biased, always has been 23 biased -- I'm not going to say because of 24 race, it has always been a bias against the 25 poorest people in society, the ones who can't

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(518) 371-8910 1 afford the high-priced lawyers. 2 Please, someone tell me -- I've 3 challenged before -- name me five millionaires 4 in this country that have ever, ever been 5 executed, and I might reconsider that aspect 6 of my argument. 7 Mr. President, for that and for a 8 variety of other reasons, I vote no. 9 ACTING PRESIDENT WINNER: Senator 10 Connor will be recorded in the negative. 11 Senator Maziarz, to explain his 12 vote. 13 SENATOR MAZIARZ: Thank you very 14 much, Mr. President. Almost impossible in 15 just two minutes. 16 The night before last, on MSNBC 17 there was a case file, you know all those 18 court TV things, a guy actually that Senator 19 Stachowski knew personally and was involved in 20 a bar business in Buffalo, moves down to 21 Florida, Miramar, Florida, has a successful 22 bar business there called Casey's Nickelodeon, 23 if anybody here who's from Buffalo will 24 remember it. 25 You know, he's home one afternoon

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(518) 371-8910 1 and two beautiful young girls -- both of whom, 2 by the way, happened to be African-American -- 3 come to visit him. And while they're there in 4 his house just talking by the swimming pool or 5 something, two bad people come in and they're 6 going to rob the place. 7 What they didn't know about Butch 8 Casey was that he was crazy about security, 9 and he had video cameras all over his house. 10 And these two robbers tied them up, the two 11 girls and him, laid them down on the floor, 12 went through the place, got almost nothing, a 13 couple of watches, almost nothing. You know, 14 on their way out, put a gun to the back of 15 each one of their heads and blew their -- you 16 know what they did. 17 You know, they're interviewing 18 these two young girls' mothers. You know, 19 they had to watch that videotape at the trial 20 and now they have to watch it on MSNBC and 21 Court TV and all, over and over and over 22 again, their daughters laying on the floor and 23 these guys putting a gun to the back of their 24 head and shooting them, executing them. 25 There's no other word for it but executing.

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(518) 371-8910 1 But Florida, Florida is smarter 2 than we are. Florida doesn't have a Judge 3 Kaye. Florida went through the process, you 4 know, went through the process, and both of 5 those individuals received the death penalty 6 and probably will be executed within the next 7 year or two. 8 And I'll tell you, is it a 9 deterrent? Those two individuals, once 10 they're executed, will never kill again. It's 11 a deterrent, there's no question it's a 12 deterrent, and I vote aye. 13 Thank you. 14 ACTING PRESIDENT WINNER: Senator 15 Maziarz will be recorded in the affirmative. 16 Senator Oppenheimer, to explain her 17 vote. 18 SENATOR OPPENHEIMER: Thank you, 19 Mr. President. They usually say bad stories 20 like that make bad -- bad cases make bad law. 21 But in this case I just want to 22 briefly point out one thing that hasn't been 23 mentioned so far. It's not scientific and 24 it's not religious and it doesn't deal with 25 the fact that most people on death row are

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(518) 371-8910 1 minority peoples. But it would seem to me 2 that our reputation internationally has been 3 harmed enough in the last several years. 4 And when you think of Western 5 industrialized countries, there is not one 6 that has a death penalty. These are people 7 like you and me from industrialized societies 8 like the one we live in. There were, I think, 9 three countries that had death penalties in 10 the world, and one of them actually stopped 11 it, and that was South Africa when their 12 government changed. 13 It seems to me that we would have 14 much more in common with other industrialized 15 nations who look upon this as something that 16 they don't want their nation known for. I 17 don't think we want our state known for this. 18 I'm voting no. 19 ACTING PRESIDENT WINNER: Senator 20 Oppenheimer will be recorded in the negative. 21 Announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 660 are 24 Senators Adams, Breslin, Connor, Diaz, Dilan, 25 Duane, Gonzalez, Hassell-Thompson, Huntley,

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(518) 371-8910 1 L. Krueger, Montgomery, Oppenheimer, Parker, 2 Perkins, Sabini, Sampson, Savino, 3 Schneiderman, Serrano, Smith, Stavisky, 4 Stewart-Cousins, Thompson and Valesky. 5 Ayes, 38. Nays, 24. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 723, by Senator Wright, Senate Print 2422, an 11 act to amend the Public Health Law. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 735, by Senator C. Kruger, Senate Print 4549, 24 an act to amend the Social Services Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 10. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT WINNER: Senator 8 L. Krueger, to explain her vote. 9 SENATOR LIZ KRUEGER: Thank you. 10 I rise to explain why I am voting no on this 11 bill. 12 Part of the bill I agree with, the 13 opportunity for the State of New York to 14 finally do research on what are the employment 15 outcomes of people who leave public benefits. 16 It's an important question of collecting data: 17 What of our programs work, what don't work? 18 Does a college education move people out of 19 poverty? Does a workfare program fail to do 20 that? Do people end up losing their homes 21 because they've lost their benefits under 22 sanction? Who's ending up where? Those are 23 important questions. 24 But this law -- and my 25 understanding is the Assembly won't pass it

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(518) 371-8910 1 because of the other sections of this bill -- 2 would also allow an intrusion into the privacy 3 of people after they've left benefits, perhaps 4 forever, with opportunities to try to recoup 5 money from them after the time that they have 6 moved off of benefits. 7 Public benefits are supposed to be 8 a safety net to help people in poverty take 9 care of themselves, their families, and to 10 provide programs and services that will help 11 them move into the labor market, move out of 12 poverty, become taxpayers. That's the win for 13 all of us. 14 Continuing to use a computer 15 tracking system to try to go after people for 16 small sums of money that they may have signed 17 when they accepted public assistance -- this 18 is a loan, it can be taken back from you -- I 19 think is a bad model of public policy. 20 It's a one-house bill, in my 21 understanding, and I'll vote no. 22 Thank you, Mr. President. 23 ACTING PRESIDENT WINNER: Senator 24 Krueger will be recorded in the negative. 25 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 735 are 3 Senators Adams, Breslin, Connor, Duane, 4 Gonzalez, Hassell-Thompson, L. Krueger, 5 Montgomery, Oppenheimer, Parker, Perkins, 6 Serrano, Stavisky, Stewart-Cousins and 7 Thompson. Also Senator Sampson. 8 Ayes, 46. Nays, 16. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 893, substituted earlier today by Member of 14 the Assembly Pretlow, Assembly Print Number 15 3164, an act to amend the Local Finance Law. 16 ACTING PRESIDENT WINNER: There 17 is a home-rule message at the desk. 18 Read 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, 62. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 928, substituted earlier today by Member of 4 the Assembly Paulin, Assembly Print Number 5 2139A, an act to amend the Education Law. 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 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 935, by Senator LaValle, Senate Print 5563, an 18 act to amend the Education 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 ACTING PRESIDENT WINNER: Senator 2 Stavisky, to explain her vote. 3 SENATOR STAVISKY: Yes, 4 Mr. President. I'm going to be opposing this 5 bill. 6 I think we have to be fiscally 7 responsible, and to add an unfunded mandate 8 upon the State Education Department I think is 9 unconscionable. 10 The bill does not provide any 11 funding. There is no additional personnel to 12 perform all of these functions. And we are 13 not aware of what the impacts will be upon 14 each of the 700 or so school districts in the 15 State of New York. I suggest that we vote no. 16 Thank you, Mr. President. 17 ACTING PRESIDENT WINNER: Senator 18 Stavisky will be recorded in the negative. 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 935 are 22 Senators Breslin, Dilan, Duane, Gonzalez, 23 L. Krueger, Montgomery, Parker, Stachowski and 24 Stavisky. Also Senator Perkins. 25 Ayes, 52. Nays, 10.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1120, by Senator Griffo, Senate Print 5482A, 6 an act to amend the Social Services Law and 7 the -- 8 SENATOR BONACIC: Lay it aside 9 for the day, please. 10 ACTING PRESIDENT WINNER: The 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 1574, by Senator Libous, Senate Print 5978, an 14 act to amend Chapter 656 of the Laws of 2002. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1639, by Senator Morahan, Senate Print 247A, 2 an act to amend the Tax Law. 3 ACTING PRESIDENT WINNER: A local 4 fiscal impact note is at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day of a 8 sales tax quarterly period. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1703, by Senator Larkin, Senate Print 6108, an 17 act to amend the Real Property 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 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Stachowski, to explain his vote. 2 SENATOR STACHOWSKI: Yes, 3 Mr. President. I know that this bill, I 4 discussed it with Senator Larkin and he said 5 his counties want this. 6 But this is a statewide bill 7 allowing sale of tax liens by municipalities. 8 And in Buffalo the experience with selling tax 9 liens was a total disaster. A program that 10 worked in other parts of the state didn't work 11 at all in Buffalo. 12 We had 1400 properties standing 13 abandoned and slowly delapidating for over 14 five years before a compromise was reached 15 with the company. And they just turned some 16 of them back, and there are still 800 17 properties that are out there continuing to 18 dilapidate, becoming safety or health hazards. 19 We just recently had a series of 20 vandalism-caused fires, one of which a fireman 21 was injured and just lost his leg as a result 22 of that injury. 23 So this one-size-fits-all bill 24 seems like a great idea, but it's a problem. 25 And if your community has some older stock or

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(518) 371-8910 1 has every year a lien sale where there's quite 2 a few properties listed, this may not be a 3 good solution for you. But the localities 4 will think it's a great solution because it 5 gets them for money for tax liens they're not 6 collecting. 7 And I would also point out, in the 8 day of subprime lending and more and more 9 houses going to foreclosure, and if some of 10 them are older, they may end up standing there 11 because the person foreclosing will never 12 finish the foreclosure. They'll just -- the 13 house will be -- the people will be out of the 14 house, and the house will just continue to 15 dilapidate. 16 So that this one-size-fits-all 17 seems like a great idea. Not such a good 18 idea, at least not in my area. So I'm voting 19 no, and I would suggest anybody take a thought 20 process and think if their idea would fall 21 into a similar situation before they vote yes 22 on what seems like a great solution. 23 I vote no. 24 ACTING PRESIDENT WINNER: Senator 25 Stachowski will be recorded in the negative.

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(518) 371-8910 1 Senator Farley, to explain his 2 vote. 3 SENATOR FARLEY: Yeah, I rise in 4 support of this, because Mayor Stratton from 5 Schenectady, who worked for your side of the 6 aisle, extols this program. And it's been a 7 savior to Schenectady. 8 It's also been very, very 9 satisfactory and liked by Amsterdam and 10 Gloversville. For many of these small cities, 11 this has been a real wonderful thing. 12 And I presume it's an option and 13 one that has worked very, very successful 14 right in this area. I think that Mayor 15 Stratton is constantly saying what a 16 difference it's made in collecting the taxes. 17 I rise in support of this. 18 ACTING PRESIDENT WINNER: Senator 19 Farley will be recorded in the affirmative. 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1703 are 23 Senators Adams, Bonacic, Dilan, Gonzalez, 24 Parker and Stachowski. 25 Ayes, 56. Nays, 6.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1723, by Senator Leibell, Senate Print 5599A, 6 an act to amend the State Technology 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 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1724, substituted earlier today by Member of 19 the Assembly Paulin, Assembly Print Number 20 4932B, an act to amend the Executive Law. 21 ACTING PRESIDENT WINNER: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of January. 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, 62. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1801, by Senator Montgomery, Senate Print 820, 8 an act to amend the General Business Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1803, by Senator Winner, Senate Print 4798, an 21 act to amend the Real Property Tax Law. 22 ACTING PRESIDENT WINNER: 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 WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 meritorious bill is passed. 7 THE SECRETARY: Calendar Number 8 1804, by Senator Nozzolio, Senate Print 4813, 9 an act to amend the Energy Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 2. 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, 62. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1805, by Senator Fuschillo, Senate Print 22 4967A, an act to amend the Environmental 23 Conservation Law and the Public Authorities 24 Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1806, substituted earlier today by Member of 12 the Assembly Gottfried, Assembly Print Number 13 8082, an act to amend the Public Health Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1807, by Senator Winner, Senate Print 5250A,

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(518) 371-8910 1 an act to amend the General Municipal Law. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. Nays, 10 2. Senators Duane and Parker recorded in the 11 negative. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1810, by Senator Bonacic, Senate Print 5514, 16 an act to amend the Environmental Conservation 17 Law. 18 ACTING PRESIDENT WINNER: Read 19 the last section. 20 SENATOR DUANE: Lay it aside, 21 please. 22 ACTING PRESIDENT WINNER: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number 25 1811, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Christensen, Assembly Print 2 Number 726, an act to amend the Economic 3 Development Law. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 60th day. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1812, substituted earlier today by Member of 16 the Assembly Parment, Assembly Print Number 17 7842A, an act to amend the Tax Law. 18 ACTING PRESIDENT WINNER: There 19 is a local fiscal impact note at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect December 1, 2007. 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, 62. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1813, by Senator Saland, Senate Print 5917A, 6 an act to amend the Correction Law. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 4. 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, 62. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1814, substituted earlier today by Member of 19 the Assembly Young, Assembly Print Number 20 8975, an act to amend Chapter 658 of the Laws 21 of 2002. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1815, by Senator Winner, Senate Print 5946, an 9 act to amend the Environmental Conservation 10 Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the 30th day. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1816, by Senator Bonacic, Senate Print 5947, 23 an act to amend the Insurance Law. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1817, by Senator Maltese, Senate Print 6009B, 11 an act to amend the Administrative Code of the 12 City of New York. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1818, by Senator Farley, Senate Print 6030, an 25 act in relation to affecting the health

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(518) 371-8910 1 insurance benefits. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 Excuse me. Senator Farley, to 13 explain his vote. 14 SENATOR FARLEY: Thank you. Very 15 quickly. 16 This is a huge bill that protects 17 all the senior citizen public employees that 18 they can't change the health insurance form 19 unless they change it for everybody. It's a 20 one-year job, like the teachers already have. 21 But this takes care of all public employees. 22 It is the number-one priority of 23 all the retired people in this state. It's a 24 huge bill, and I'm pleased to vote aye. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Farley will be recorded in the affirmative. 2 Thank you, Senator Farley. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1819, by Senator Farley, Senate Print 6031A, 6 an act in relation to affecting the health 7 insurance benefits. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 1820, Senator Hannon moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 8912 and substitute it 22 for the identical Senate Bill Number 6036, 23 Third Reading Calendar 1820. 24 ACTING PRESIDENT WINNER: 25 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1820, by Member of the Assembly Zebrowski, 4 Assembly Print Number 8912, an act to amend 5 Chapter 505 of the Laws of 1995. 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 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1821, by Senator Trunzo, Senate Print 6086, an 18 act to authorize The Sisters of Saint Joseph. 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, 60. Nays, 2 2. Senators Bonacic and Larkin recorded in 3 the negative. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1822, by Senator Marcellino, Senate Print 8 6088, an act to amend the Tax Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 6. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1823, by Senator Maltese, Senate Print 6092, 21 an act to amend the Retirement and Social 22 Security Law and the Administrative Code of 23 the City of New York. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 10. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1824, substituted earlier today by Member of 11 the Assembly Magee, Assembly Print Number 12 8460, an act to amend the Environmental 13 Conservation Law and others. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 13. 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 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1826, by Senator Morahan, Senate Print 6138,

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(518) 371-8910 1 an act to amend Chapter 478 of the Laws of 2 2006. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1827, by Senator Bonacic, Senate Print 6149, 15 an act to amend Chapter 109 of the Laws of 16 2006. 17 ACTING PRESIDENT WINNER: A 18 home-rule message is at the desk. 19 Read 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1828, substituted earlier today by Member of 5 the Assembly Magnarelli, Assembly Print Number 6 8921, an act to provide an accelerated 7 schedule. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1829, by Senator Skelos, Senate Print 6160A, 20 an act to amend the Tax Law. 21 ACTING PRESIDENT WINNER: Read 22 the last section. 23 THE SECRETARY: Section 6. 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: Senator 4 Skelos, to explain his vote. 5 SENATOR SKELOS: Thank you very 6 much, Mr. President. 7 This legislation will help and 8 encourage the use of biofuels -- in 9 particular, ethanol -- throughout the State of 10 New York. 11 During the next 18 months, it's 12 expected that three now ethanol production 13 facilities will be online in New York State. 14 The problem that exists right now is we are 15 not getting ethanol and other biofuels 16 available to the general public throughout the 17 state of New York. 18 What this legislation would do and 19 accomplishes, number one, by using ethanol and 20 other biofuels, improve the environment and 21 fight global climate change, will help ease 22 the dependency on foreign oil, and one of the 23 most significant parts of it, it will help 24 promote upstate economic development. 25 Presently 85 percent, 85 percent of

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(518) 371-8910 1 each dollar spent in New York State on 2 gasoline is exported out of the United States. 3 The money does not stay here. With this 4 legislation, 100 percent of the dollars spent 5 on New York State-produced ethanol will stay 6 in the state's economy. The farmer will grow 7 the corn, the ethanol will be produced in 8 New York State, it will be distributed by 9 New York State retailers and used in New York 10 State. 11 The average ethanol plant expands 12 the local economic base by $110 million, 13 generates $19.6 million in household income, 14 and supports the creation of up to 694 new 15 permanent jobs. 16 So this is a plus for the 17 environment, it's a plus for economic 18 development, and it is my hope that the 19 Assembly supports this legislation. 20 ACTING PRESIDENT WINNER: Thank 21 you. Senator Skelos will be recorded in the 22 affirmative. 23 Announce the results. 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1831, by the Senate Committee on Rules, Senate 5 Print 6174, an act to amend the Agriculture 6 and Markets 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 THE SECRETARY: Ayes, 61. Nays, 15 1. Senator Duane recorded in the negative. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1832, by Senator Wright, Senate Print 6190, an 20 act to amend the Energy Law. 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, 62. 4 ACTING PRESIDENT WINNER: Senator 5 Wright, to explain his vote. 6 SENATOR WRIGHT: Thank you, 7 Mr. President. 8 This bill is one of a series of 9 bills that have been passed previously. We 10 passed a tire efficiency standard. The whole 11 intent is to further achieve energy reductions 12 through the utilization of energy-efficient 13 products, standardizing those products, 14 ensuring that the consumers have a choice. 15 We do not mandate, but we simply 16 establish standards, we ensure that people are 17 educated, and we afford them the opportunity 18 in a competitive environment. 19 This will go a long way to 20 assisting New York achieve its 21 energy-efficiency standards. I vote aye. 22 ACTING PRESIDENT WINNER: Senator 23 Wright will be recorded in the affirmative. 24 The Secretary will announce the 25 results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1835, by Senator Golden, Senate Print 1288A, 7 an act to amend the Social Services Law and 8 the Public Authorities Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1836, substituted earlier today by Member of 21 the Assembly Weisenberg, Assembly Print Number 22 4650A, an act to amend the Public Health Law. 23 ACTING PRESIDENT WINNER: 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 WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1838, by Senator Griffo, Senate Print 2881A, 10 an act to amend the Alcoholic Beverage Control 11 Law. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. Nays, 20 1. Senator Duane recorded in the negative. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1839, by Senator DeFrancisco, Senate Print 25 3761A, an act to amend the Environmental

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(518) 371-8910 1 Conservation Law. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. Nays, 10 1. Senator Wright recorded in the negative. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1840, by Senator Padavan, Senate Print 3994, 15 an act to amend the Retirement and Social 16 Security Law. 17 ACTING PRESIDENT WINNER: There 18 is a home-rule message at the desk. 19 Read the last section. 20 THE SECRETARY: Section 3. 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1842, substituted earlier today by Member of 5 the Assembly Towns, Assembly Print Number 6 6574, an act to amend the Executive 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 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1843, by Senator Leibell, Senate Print 4218, 19 an act to amend the Executive Law. 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, 62. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1846, substituted earlier today by Member of 7 the Assembly Jeffries, Assembly Print Number 8 7380, an act to amend the Executive Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect January 1, 2008. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1847, by Senator LaValle, Senate Print 4422A, 21 an act to amend the Tax Law. 22 ACTING PRESIDENT WINNER: There 23 is a local fiscal impact note 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 WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1848, by Senator Morahan, Senate Print 4447, 10 an act to amend the Retirement and Social 11 Security Law. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1849, by Senator Nozzolio, Senate Print 4856, 24 an act to amend the Highway Law. 25 ACTING PRESIDENT WINNER: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1850, by Senator Morahan, Senate Print 5059A, 13 an act to amend the Public Service Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 60th day. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1851, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Aubertine, Assembly Print Number 2 7113A, an act directing the Department of 3 Agriculture and Markets. 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, 62. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1852, substituted earlier today by Member of 16 the Assembly Hooper, Assembly Print Number 17 4911, an act authorizing the assessors of the 18 Village of Hempstead. 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, 60. Nays, 2 2. Senators Bonacic and Larkin recorded in 3 the negative. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1853, substituted earlier today by Member of 8 the Assembly Abbate, Assembly Print Number 9 8445, an act to amend the Education Law and 10 the Administrative Code of the City of 11 New York. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1855, by Senator Saland, Senate Print 5774, an 24 act to amend the Education Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 22. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1856, by Senator Maziarz, Senate Print 5964, 12 an act authorizing the City of Niagara Falls. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 9. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1857, substituted earlier today by Member of 25 the Assembly Bradley, Assembly Print Number

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(518) 371-8910 1 8273A, an act to amend the Domestic Relations 2 Law. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 2. 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, 62. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1858, by Senator Padavan, Senate Print 6023A, 15 an act to amend the Private Housing Finance 16 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, 62. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1860, substituted earlier today by Member of 4 the Assembly Jacobs, Assembly Print Number 5 8780, an act to amend Chapter 521 of the Laws 6 of 1994. 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 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1861, by Senator Seward, Senate Print 6065, an 19 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 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, 62. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1863, by Senator Golden, Senate Print 6114, an 7 act to amend the Retirement and Social 8 Security Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1864, by Senator Bonacic, Senate Print 6150, 21 an act to amend the Executive Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1865, by Senator Bruno, Senate Print 6153, an 9 act providing for a taxpayer assistance 10 authorization. 11 ACTING PRESIDENT WINNER: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1866, by Senator Wright, Senate Print 6179, an 24 act to amend the Public Authorities Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the same date and in 4 the same manner as a chapter of the Laws of 5 2007. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. Nays, 10 1. Senator Duane recorded in the negative. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1867, by Senator LaValle, Senate Print 6200, 15 an act to amend Chapter 434 of the Laws of 16 1999. 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, 62. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1868, by the Senate Committee on Rules, Senate 4 Print Number 6224, an act to amend the 5 Workers' Compensation Law. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 Senator Bonacic. 17 SENATOR BONACIC: Mr. President, 18 Calendar Number 190, by Senator Golden, had 19 been laid aside temporarily. I ask that we 20 take it up at this time. 21 ACTING PRESIDENT WINNER: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 190, by Senator Golden, Senate Print 1777, an 25 act to amend the Penal 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 on the first of 5 November. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. Nays, 10 2. Senators Duane and L. Krueger recorded in 11 the negative. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 Senator Skelos, that completes the 15 reading of the noncontroversial calendar. 16 SENATOR SKELOS: Mr. President, 17 if we could go to the controversial reading of 18 the calendar. 19 ACTING PRESIDENT WINNER: The 20 Secretary will ring the bell. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1810, by Senator Bonacic, Senate Print 5514, 24 an act to amend the Environmental Conservation 25 Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Stewart-Cousins. 3 SENATOR STEWART-COUSINS: Mr. 4 President, I believe there's an amendment at 5 the desk. And I ask that the reading of the 6 amendment be waived and that I would be heard 7 on the amendment. 8 ACTING PRESIDENT WINNER: The 9 reading is waived, and you may be heard on the 10 amendment, Senator Stewart-Cousins. 11 SENATOR STEWART-COUSINS: Thank 12 you. 13 First of all, I wanted to thank 14 Senator Bonacic for raising the important 15 issue of flooding and how it has impacted our 16 different counties and our different 17 communities. 18 In my district, there were millions 19 and millions of dollars in flooding damage 20 just caused by this recent hurricane event in 21 April. We are still trying to recover from 22 what has happened in Westchester County, 23 whether it was the residents who have had to 24 leave their homes and still have not been able 25 to return months after, whether it was

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(518) 371-8910 1 business districts that were devastated. What 2 happened in Westchester County, as in other 3 counties, certainly needs to be addressed. 4 And that's what this amendment is 5 about. This amendment is asking us to broaden 6 the environmental commissioner's look into 7 flooding and how it can be mitigated. It's 8 asking Senator Bonacic to include Westchester, 9 Putnam, Nassau and Suffolk as it proceeds to 10 look at how, as we approach this very, very 11 serious hurricane season, how we can protect 12 our counties and our communities. 13 Westchester County, for example, in 14 the New York State Hazard Mitigation Plan of 15 2004, is listed as Number 4 in terms of 16 counties that are going to lose, in the event 17 of a flooding disaster, billions of dollars, 18 Number Four. Westchester County cannot be 19 ignored. Nassau and Suffolk actually rank one 20 and two. 21 So I again commend Senator Bonacic 22 for looking at, frankly, what should have been 23 done years ago. Obviously, this is a problem 24 and I think DEC should have been looking at it 25 before. But now that we're getting ready to

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(518) 371-8910 1 move on it as a body, to ignore these very 2 significant counties with so many billions of 3 dollars at stake, as well as residences, 4 businesses and others, I think would be very 5 unfortunate. 6 So I certainly hope that my 7 colleague will accept the amendment and we 8 include Westchester, Putnam, Suffolk and 9 Nassau in this study. 10 ACTING PRESIDENT WINNER: Thank 11 you, Senator. 12 Senator Craig Johnson. 13 SENATOR CRAIG JOHNSON: Thank you 14 very much, Mr. President. 15 I too want to thank Senator Bonacic 16 for his bill. I also want to thank Senator 17 Stewart-Cousins her very commonsense 18 amendment. FEMA, the Federal Emergency 19 Management Agency, has reported on the 20 potential loss estimates for each county in 21 New York. It's contained in the New York 22 State Hazard Mitigation Plan set forth in 23 2004. 24 According to the data from FEMA's 25 National Flood Insurance Program, the top two

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(518) 371-8910 1 counties in terms of the number and the value 2 of structures, which are within what's known 3 as a 100-year flood plain, the top two are 4 Nassau County and Suffolk County, in that 5 order. Westchester County is not far behind, 6 as the county with the fourth highest 7 aggregate value of structures within the 8 100-year flood plain. 9 Now, the numbers that we're talking 10 about are stark. In my home county of Nassau, 11 in Senator Fuschillo's county, Senator 12 Skelos's county, Senator Marcellino's county 13 and Senator Hannon's county, we're talking 14 about 53,000 structures within this flood 15 plain, with an estimated value of over 16 $19.5 billion -- that's with a B -- billion 17 dollars. For my neighbors in Suffolk -- 18 Senator Owen Johnson, Senator Trunzo, Senator 19 Flanagan, and Senator LaValle -- it's over 20 60,000 buildings within this flood plain, at 21 an estimated value of $17 billion. 22 In Putnam County there are 276 23 buildings within the flood plain, with an 24 estimated value of $95 million. 25 Combined, this gives -- and we're

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(518) 371-8910 1 focusing on Long Island -- Long Island 2 homeowners a $36 billion incentive to be 3 included in this bill, to be included in this 4 study. 5 Now, Senator Bonacic, in his 6 supporting memorandum, talks about that we 7 cannot wait for a disaster of Katrinaesque 8 proportions to cause us to act, and that we 9 must act now. And I agree with Senator 10 Bonacic. He also talks about that we must 11 make flood control a priority in this state. 12 And I agree, we have to make it a priority. 13 But we have to make it a priority 14 for Nassau, for Suffolk, for Westchester, and 15 for Putnam, an amendment that Senator 16 Stewart-Cousins included, and I support. 17 So in a spirit of bipartisanship, 18 in the interests of New York State, and for 19 the good of all of our constituents, I ask my 20 colleagues, especially those from Long Island 21 and the Lower Hudson Valley, to join me in 22 supporting Senator Stewart-Cousins' amendment. 23 Thank you very much, Mr. President. 24 ACTING PRESIDENT WINNER: Senator 25 Oppenheimer, on the amendment.

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(518) 371-8910 1 SENATOR OPPENHEIMER: Well, I 2 think -- thank you, Mr. President. I think 3 what has been said is pretty clear, that this 4 problem is not unique to the Southern Tier or 5 to the Upper Hudson but also most directly, 6 certainly in the last couple of months, to my 7 area that I represent. 8 In fact, my village has suffered 9 unbelievably in the last storm, and we still 10 haven't recovered. And about a quarter of our 11 village is still shot. 12 So I think it only makes sense to 13 incorporate us in this study. I can tell you 14 that our county executive has just recommended 15 $10 million to go into a fund to study and 16 start reconstruction and to find ways to avoid 17 these kind of catastrophes in the future. 18 Our county, our county executive is 19 putting in very big bucks to try and find some 20 solutions. And I think it would be incumbent 21 on the state to make an effort to show that 22 this area of the state, suburbia, plays a 23 major role in our economy and, in addition, 24 has a major flood problem which the state 25 really must help to alleviate.

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(518) 371-8910 1 So I support this amendment and 2 hope that we can, if not at this moment, at 3 least get on to this within the next several 4 weeks or months. Thank you. 5 ACTING PRESIDENT WINNER: Senator 6 Bonacic. 7 SENATOR BONACIC: On the 8 amendment. A couple of things. 9 This bill was introduced on 10 May 30th of this year. And this legislation 11 came before the Environmental Committee, and 12 it was voted 14-0, with the support of Senator 13 Oppenheimer and Senator Johnson. And at no 14 time between that vote on the Environmental 15 Committee till 9:00 a.m. this morning was 16 there a concern about these counties and this 17 amendment. 18 At any time if there was a request 19 to me to add those counties, I certainly would 20 have supported it in the Environmental 21 Committee. 22 And the way this amendment came 23 about was a little disturbing. It came to my 24 secretary at 9:00 a.m. when she was on the 25 phone, and it was left by a representative

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(518) 371-8910 1 from Senator Cousins' office without -- who 2 talked at my secretary while she was on the 3 phone. So this amendment appeared for the 4 first time. 5 Now, I think it's a good idea to 6 add these four counties. We should be 7 concerned about flood damage in all of the 8 counties that are affected. But, you know, I 9 see Senator Stewart-Cousins all of the time. 10 This was never discussed with me in the last 11 21 days, of putting these counties in. 12 And let me tell you why it presents 13 a problem. Because if we do this amendment 14 and I amend this bill, under Rule 8, 15 Section 4, it has to go back to the committee, 16 the Environmental Committee, and we've got to 17 wait 10 days. You know what? We can't wait 18 10 days. 19 I'll tell you how my morning 20 started. At 6:00 a.m. I get a call -- it's 21 not my staff, it wasn't my family, it was a 22 volunteer firefighter that tells me we had 23 flash flooding in Roscoe and Colchester last 24 night. Now, 26 homes have been damaged. 25 This is how my day started. But

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(518) 371-8910 1 for my constituents, it was a nightmare. Just 2 like it was in June of 2006, in April of 2005, 3 and in March of 2004. 4 Now, we have four people missing at 5 109. There's one confirmed death of flooding. 6 Four more homes have washed away, badly 7 damaged. Now -- 8 SENATOR CRAIG JOHNSON: Would 9 Senator Bonacic yield for a question? 10 SENATOR BONACIC: First of all, 11 I'd like to just finish. And then I'll come 12 back to you Senator, if that's okay. 13 SENATOR CRAIG JOHNSON: That's 14 fine. 15 ACTING PRESIDENT WINNER: Senator 16 Johnson, would you ask the Senator to yield 17 through the chair in the future? Thank you. 18 SENATOR CRAIG JOHNSON: I 19 apologize, Mr. President. 20 SENATOR BONACIC: So I want to 21 act now on our legislation. Let me just 22 finish, if I may. 23 I appreciate the support of my 24 colleagues on the flooding issues in the 25 Environmental Committee and on the floor in

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(518) 371-8910 1 the past. You have always acted in a 2 bipartisan way to help alleviate this problem, 3 or try to. 4 Whenever we have passed 5 legislation, the Assembly dances. They just 6 passed a bill yesterday. What are they going 7 to do? They're going to study, they're going 8 to study flood control. 9 Now, we're at a point that we can't 10 study anymore. We have to act. So I for one 11 am asking that we act today on our bill. This 12 amendment will only be dilatory in nature, and 13 I ask that the amendment be defeated. 14 Thank you, Mr. President. And if 15 Senator Johnson wants to ask me a question -- 16 ACTING PRESIDENT WINNER: Senator 17 Stewart-Cousins, why do you rise? 18 SENATOR STEWART-COUSINS: I just 19 wanted to ask if the sponsor would yield for a 20 question. 21 SENATOR BONACIC: Absolutely. 22 ACTING PRESIDENT WINNER: Senator 23 Bonacic, do you yield to a question? 24 SENATOR BONACIC: I do. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Stewart-Cousins. 2 SENATOR STEWART-COUSINS: Yes, 3 Senator Bonacic. I was just wondering, is 4 there an Assembly sponsor for this bill? Is 5 there a same-as? 6 SENATOR BONACIC: The answer is 7 no, only a study bill. The answer is no. 8 SENATOR STEWART-COUSINS: Well, 9 would the sponsor continue to yield? 10 SENATOR BONACIC: Absolutely. 11 ACTING PRESIDENT WINNER: The 12 Senator yields. 13 SENATOR STEWART-COUSINS: So in 14 the absence of a same-as bill, what would be 15 the problem, then, putting in an amendment? 16 Because as it turns out, we actually have an 17 Assembly sponsor that would sponsor this bill 18 with this amendment. 19 SENATOR BONACIC: We could do a 20 hand-down in the Assembly. It could happen 21 later today, it could happen tomorrow. 22 I've already written to the 23 Governor on this. I've spoken to him on this 24 in two private meetings. And we've asked to 25 declare a disaster here.

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(518) 371-8910 1 And I'll tell you what. I'll tell 2 you what, Senator Cousins. If you can tell me 3 that you will meet with Governor Spitzer and 4 he will give me a message of necessity to vote 5 on this bill and you tell me that the Speaker 6 will vote on this bill tomorrow or later 7 today, I'll lay it aside temporarily to give 8 you the opportunity to do that. 9 Do you think you can do that? 10 SENATOR STEWART-COUSINS: Is that 11 through the President? 12 We can -- first of all, from what I 13 gather, you're willing to have this 14 conversation. I don't mind going together to 15 the Governor. But I understand that the 16 message of necessity only happens after we 17 actually have an Assembly bill. 18 So why don't we have this 19 amendment, get our Assembly bill, and then 20 together go to the Governor for the message of 21 necessity so that we can do the necessary 22 thing for all of the counties that need flood 23 mitigation. 24 SENATOR BONACIC: Senator 25 Cousins, it's been my experience if a Governor

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(518) 371-8910 1 gives a message of necessity on a particular 2 piece of legislation, there is a strong 3 possibility that the Speaker in the Assembly 4 would embrace it and find a sponsor in a hurry 5 or run it through Rules, and this could be 6 voted on later today or tomorrow. 7 SENATOR STEWART-COUSINS: Well, 8 Senator Bonacic, I suppose we can suspect or 9 assume from our experience what the Governor 10 may or may not do. As we know, this is a new 11 government, it's a new environment, it's a new 12 Governor. And what from what I gather, the 13 messages of necessity will be minimized. 14 But again, since we do have an 15 Assembly sponsor with this amendment, I think 16 we can move it, we really can move it, if we 17 just decide collegially and because it's good 18 for us to move the amendment and, you know, 19 get this process going. Who knows, we could 20 possibly have it done before hurricane season 21 strikes and have all these counties actually 22 benefitting from our work here. 23 SENATOR BONACIC: Mr. President, 24 I'd like to respond to Senator Cousins, if I 25 may.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Bonacic. 3 SENATOR BONACIC: You indicated 4 that the Governor may minimize messages of 5 necessity, that they're not likely to happen 6 with the same frequency. 7 But don't you think flooding, loss 8 of lives, hundreds of millions of dollars of 9 property damage is something that would get 10 your attention and you'd want to react to as 11 quickly as possible? 12 SENATOR STEWART-COUSINS: You 13 know, again, I think that we're all here for 14 the same good reasons, to do what's best for 15 New York State residents. And I certainly 16 couldn't speak for the Governor, but I suspect 17 that that's why he governs. 18 But I do think -- again, we keep 19 going back and forth. And I appreciate the 20 work you've done. There's absolutely no 21 reason that I would stand here and say 22 anything less than I want to support what 23 you're doing. I just want to make sure that 24 it includes the counties who we know (A) have 25 been devastated, (B) are likely to be

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(518) 371-8910 1 devastated again, and (C) will cost not only 2 the federal government but probably the state 3 billions of dollars of remediation, 4 reparations, et cetera. And if we can deal 5 with that now, which I do believe we can, we 6 ought to. 7 I understand the process. But 8 maybe because of my limited tenure here, I 9 don't see the level of obstacles that you 10 probably have met. I would like to think that 11 because we agree -- and I think everyone in 12 the chamber agrees -- that there are problems 13 that we need to address, we can effectively 14 address if we did it together. 15 Again, we have an Assembly sponsor 16 that will carry our amended version of your 17 very fine work, and I do believe that we can 18 make something different happen and set the 19 tone for the progress that we are making, not 20 only across the aisles but for the residents 21 of New York State. 22 SENATOR BONACIC: I have a 23 question of Senator Cousins. 24 ACTING PRESIDENT WINNER: Senator 25 Bonacic, you're asking Senator Cousins to

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(518) 371-8910 1 yield? 2 SENATOR BONACIC: Will she yield? 3 ACTING PRESIDENT WINNER: Senator 4 Cousins, do you yield to a question? 5 SENATOR STEWART-COUSINS: 6 Certainly. 7 SENATOR BONACIC: Well, Senator 8 Connor is up. 9 ACTING PRESIDENT WINNER: Senator 10 Connor, why do you rise? 11 SENATOR CONNOR: On a point of 12 order. 13 I'm a little confused, Mr. 14 President. Was a question asked? I didn't 15 hear anyone yield. I just don't know where we 16 are in this dialogue. 17 ACTING PRESIDENT WINNER: Well, 18 Senators, Senator Connor's point is 19 well-taken. We've been very lax with regard 20 to allowing this process to go back and forth. 21 Senator Stewart-Cousins, you had 22 previously asked Senator Bonacic to yield. Do 23 you have any more questions for Senator 24 Bonacic? 25 SENATOR STEWART-COUSINS: No. I

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(518) 371-8910 1 have one statement, though, in terms of 2 process -- 3 ACTING PRESIDENT WINNER: Senator 4 Cousins, you don't have the floor. Senator 5 Bonacic has the floor. If you'd like to be 6 recognized subsequently, that's fine. 7 SENATOR STEWART-COUSINS: Well, I 8 think the final question, Mr. President, was 9 whether or not we could certainly -- whether 10 he would accept my amendment. 11 ACTING PRESIDENT WINNER: Are you 12 asking Senator Bonacic to yield? 13 SENATOR STEWART-COUSINS: Yes. 14 ACTING PRESIDENT WINNER: Senator 15 Bonacic, would you yield to Senator Cousins? 16 SENATOR BONACIC: Absolutely. 17 SENATOR STEWART-COUSINS: Senator 18 Bonacic, would you please accept the 19 amendment? 20 SENATOR BONACIC: I think I tried 21 to explain what the appropriate process is. 22 If you indicated that you have an 23 Assembly sponsor and you can get that Assembly 24 sponsor to pass the bill today or tomorrow, 25 get a certificate of necessity from the

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(518) 371-8910 1 Governor, I would gladly lay this aside 2 temporarily and do your amendment, and we 3 could have this law in place tomorrow. But 4 you'd have to assure me that you can do those 5 two steps before I delay this any further. 6 And my last point, Senator, is that 7 there is a Senate bill that has been 8 introduced to address the counties that you 9 speak of. And that's Senate Bill 6382, by, I 10 believe, Senator Leibell. So he is already 11 addressing this issue. 12 And I want to stay on point to 13 protect the 10 counties that have already 14 suffered devastation, loss of lives, billions 15 of dollars of property damage since 2004. 16 SENATOR STEWART-COUSINS: Thank 17 you. 18 SENATOR CONNOR: Mr. President. 19 ACTING PRESIDENT WINNER: Senator 20 Connor. 21 SENATOR CONNOR: Thank you, 22 Mr. President. Would Senator Bonacic yield to 23 a question? 24 SENATOR BONACIC: Yes, I will. 25 SENATOR CONNOR: Senator, it

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(518) 371-8910 1 seems that we have everybody on the same page 2 here but not on the same bill. And if I may 3 ask you a question and suggest a procedure to 4 you that I know works, because I've seen it 5 done. 6 Your bill is now S5514. Were you 7 to accept the amendment, include Senator 8 Leibell as a sponsor for today, that would 9 make it 5514A. It would be high on the 10 calendar tomorrow. Couldn't be taken up 11 without a message of necessity, say tomorrow 12 or tomorrow night. 13 But that would give a day to other 14 people who may have people in the Assembly 15 willing to pass the same bill with a message 16 of necessity. 17 It doesn't jeopardize your bill, 18 Senator Bonacic. Are you aware that you then 19 tomorrow night, if they fail to get the 20 message of necessity or pass it in the 21 Assembly, could move to restore your original 22 print, which would not be high and could 23 therefore pass? 24 So I'm suggesting you can work this 25 out in a way that will not -- at the end of

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(518) 371-8910 1 the day, if there's no message of necessity, 2 you can still pass the bill you have here. 3 SENATOR BONACIC: I think you're 4 dealing with a lot of hypotheticals. I would 5 have a better comfort level if the Assembly 6 would pass the same bill with the amendment 7 that Senator Cousins wants and give a 8 hand-down to us, of which we could then both 9 accomplish the same things. 10 SENATOR CONNOR: Will the Senator 11 yield for another question? 12 ACTING PRESIDENT WINNER: Senator 13 Bonacic, do you yield? 14 SENATOR BONACIC: I will. 15 ACTING PRESIDENT WINNER: The 16 Senator yields. 17 SENATOR CONNOR: You realize the 18 results would be the same, either the way I 19 suggested or the way you suggest; you're 20 protected. 21 SENATOR BONACIC: Well, I've 22 heard for the first time in my discussions 23 with Senator Cousins that you now have an 24 Assembly sponsor, I assume same-as. And I 25 assume that's because of your colleagues in

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(518) 371-8910 1 the other house want to be supportive of 2 Senator Cousins' efforts. 3 So if you have such a sponsor, a 4 majority sponsor, I only ask that you take the 5 next step and have them pass that bill in the 6 Assembly. Assuming, of course, it's aged. 7 SENATOR CRAIG JOHNSON: Mr. 8 President. 9 ACTING PRESIDENT WINNER: Senator 10 Johnson, why do you rise? 11 SENATOR CRAIG JOHNSON: Thank 12 you. 13 First, will the Senator yield for a 14 question? 15 SENATOR BONACIC: I will, of 16 course. 17 SENATOR CRAIG JOHNSON: Thank 18 you. Just for the record, Senator, when I had 19 previously jumped up, there didn't appear to 20 be anybody at the desk. So that's why I 21 called out for Senator Bonacic during his 22 discussion to yield for a question. So I just 23 wanted to let the record reflect there was 24 nobody up there. You might have been down, I 25 didn't see you. That's why I didn't ask the

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(518) 371-8910 1 question through you. 2 Senator Bonacic -- through you, 3 Mr. President -- I just want to understand. 4 There is no current Assembly sponsor for this 5 bill? 6 SENATOR BONACIC: I think I've 7 answered that question for Senator Cousins. I 8 know of no bill that's been introduced as of 9 this morning by an Assembly majority member 10 same as ours. 11 SENATOR CRAIG JOHNSON: Mr. 12 President, will the Senator continue to yield 13 for a question? 14 SENATOR BONACIC: I will. 15 SENATOR CRAIG JOHNSON: Thank 16 you. 17 Did the Senator ever reach out to 18 Assemblymembers from either party to seek a 19 sponsor in the Assembly for an Assembly bill 20 of this nature? 21 SENATOR BONACIC: First of all, I 22 always reach out to Assembly majority members. 23 And the only interest was a study bill, and to 24 me that was totally inadequate. 25 SENATOR CRAIG JOHNSON: Will the

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(518) 371-8910 1 Senator continue to yield for a question. 2 SENATOR BONACIC: Yes. 3 SENATOR CRAIG JOHNSON: Just for 4 clarity purposes -- and I have heard the 5 riveting back and forth between Senator 6 Bonacic and my other colleague Senator 7 Stewart-Cousins -- will you support the 8 amendment to add Nassau County, Suffolk 9 County, Putnam County, and Westchester County 10 to your bill? A simple yes or no. 11 SENATOR BONACIC: Well, let me 12 say it another way. Senator Leibell has the 13 exact same bill, which is -- the answer is yes 14 in his bill, because it covers the same thing 15 that you're asking for. 16 SENATOR CRAIG JOHNSON: Will the 17 Senator yield for a question. 18 SENATOR BONACIC: Yes, I will. 19 SENATOR CRAIG JOHNSON: Can I 20 just ask Senator Bonacic to tell me what 21 Senate bill number that he is referring to? 22 SENATOR BONACIC: Yes. I have 23 referred to it already, but I will do it 24 again. Senate Bill 6382. 25 SENATOR CRAIG JOHNSON: Will the

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(518) 371-8910 1 Senator continue to yield for a question. 2 SENATOR BONACIC: Yes. 3 SENATOR CRAIG JOHNSON: When was 4 that bill introduced? 5 SENATOR BONACIC: I believe this 6 morning. 7 SENATOR CRAIG JOHNSON: Will the 8 Senator yield for a question. 9 SENATOR BONACIC: Yes. 10 SENATOR CRAIG JOHNSON: So I find 11 it remarkable that we sat here today, that 12 Senator Bonacic raised the issue that Senator 13 Stewart-Cousins abided by the rules set forth 14 by the Senate on submitting an amendment. 15 My understanding is that an 16 amendment has to be presented two hours before 17 the -- up to two hours before session after 18 the active list is put forth. That issue was 19 raised. 20 Now, all of a sudden, we are 21 informed, lo and behold, that today a bill was 22 introduced that would cover this issue in 23 Nassau, Suffolk, Putnam and Westchester. 24 So my question, Senator Bonacic, is 25 this. Will you lay your bill aside so we can

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(518) 371-8910 1 at least take up almost simultaneously your 2 bill and Senator Leibell's bill, and that way 3 we can all be covered, that the Nassau 4 Senators such as myself and Senator Skelos and 5 the Suffolk Senators -- 6 ACTING PRESIDENT WINNER: Senator 7 Leibell, why do you rise? 8 SENATOR CRAIG JOHNSON: -- can be 9 adequately -- have our concerns adequately 10 addressed at the same time? 11 I don't want to leave this session, 12 I don't want to leave this Senate knowing that 13 Nassau and Suffolk, Westchester and Putnam 14 aren't covered by the same type of study which 15 exposes our homeowners to $36 billion in 16 damages. 17 ACTING PRESIDENT WINNER: Senator 18 Johnson, was that a question? 19 SENATOR CRAIG JOHNSON: I did ask 20 a question. I said will Senator Bonacic lay 21 his bill aside for the day or lay his bill 22 aside to allow his bill and Senator Leibell's 23 bill to be brought up at the same time so we 24 can vote on them at the same time. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Bonacic, do you yield to that question? 2 SENATOR BONACIC: And the answer 3 is no. 4 ACTING PRESIDENT WINNER: Thank 5 you, Senator Bonacic. 6 SENATOR BONACIC: I have a 7 question now of Senator Johnson, if he would 8 yield. 9 ACTING PRESIDENT WINNER: Senator 10 Bonacic, Senator Johnson does not have the 11 floor. You have the floor. 12 Senator Leibell is next. 13 SENATOR LEIBELL: Thank you very 14 much, Mr. President. 15 First let me say, Senator Bonacic, 16 I think it's an excellent piece of 17 legislation. And I appreciate the fact that 18 you have introduced that and are seeking now 19 to get it passed here on the floor of the 20 Senate. 21 I have introduced legislation, and 22 possibly we can clear up some of this 23 confusion, because this legislation would 24 serve as a chapter amendment to yours. And it 25 is different from what was offered by the

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(518) 371-8910 1 Minority as their amendment. The counties -- 2 first let me say this flooding issue is 3 becoming increasingly worse and more 4 problematic with every passing year. So this 5 legislation is critically important. 6 But the bill that I have 7 introduced, and which I don't think Senator 8 Johnson understood, Senate 6382, is much more 9 expansive than your amendment. So the 10 counties that are included, beyond those which 11 Senator Bonacic had originally introduced in 12 his legislation, include Putnam, Westchester, 13 Dutchess, Nassau, Suffolk, Schenectady, 14 Montgomery, Fulton and Saratoga. 15 So your legislation, Senator 16 Bonacic, is an excellent piece. Hopefully 17 with this chapter amendment we'll be able to 18 expand upon it. And it is certainly very 19 different and much broader than the amendment 20 that was offered by the Minority. 21 ACTING PRESIDENT WINNER: Thank 22 you, Senator Leibell. 23 Senator Duane. 24 SENATOR DUANE: Thank you, 25 Mr. President. I just wanted to clarify

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(518) 371-8910 1 something. 2 Under the rules that were forced 3 upon us by the Majority, the proper way to 4 serve an amendment is to go to the sponsor's 5 office of the underlying legislation and serve 6 the amendment two hours before I believe it's 7 going to be debated here. 8 So just to clarify, it was not 9 unusual the way it was served. It's the way 10 that we have been forced to serve things. And 11 if the Majority wants to change it, we'd be 12 more than happy to negotiate that rule and 13 many, many other rules. 14 Thank you, Mr. President. 15 ACTING PRESIDENT WINNER: Senator 16 Johnson. 17 SENATOR CRAIG JOHNSON: Through 18 you, Mr. President, will Senator Leibell yield 19 for a question. 20 ACTING PRESIDENT WINNER: Senator 21 Leibell, do you yield? 22 SENATOR LEIBELL: Certainly. 23 ACTING PRESIDENT WINNER: The 24 Senator yields. 25 SENATOR CRAIG JOHNSON: Thank

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(518) 371-8910 1 you, Mr. President. 2 Through you, Mr. President. 3 Senator Leibell, do you have an Assembly 4 sponsor for your legislation? 5 SENATOR LEIBELL: I think we will 6 by today. I hope so. 7 SENATOR CRAIG JOHNSON: So 8 through you, Mr. President, will the Senator 9 continue to yield? 10 SENATOR LEIBELL: Yup. 11 ACTING PRESIDENT WINNER: The 12 Senator yields. 13 SENATOR CRAIG JOHNSON: So at the 14 current time, though, right now you do not 15 have a Senate sponsor for -- an Assembly 16 sponsor for that legislation? 17 SENATOR LEIBELL: Yeah, I'm the 18 Senate sponsor. 19 SENATOR CRAIG JOHNSON: Through 20 you, Mr. President, will the Senator continue 21 to yield? 22 SENATOR LEIBELL: Yup. 23 ACTING PRESIDENT WINNER: The 24 Senator yields. 25 SENATOR CRAIG JOHNSON: Senator

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(518) 371-8910 1 Leibell, given the fact that according to the 2 statistics there are several properties that 3 are at risk, with significant millions of 4 dollars in damages, will you support the 5 amendment offered by Senator Stewart-Cousins 6 to include today Putnam County, Nassau County, 7 Suffolk County and Westchester County within 8 Senator Bonacic's bill which is before us 9 today? 10 SENATOR LEIBELL: No, actually I 11 would prefer to have you support my bill, 12 because it's much more inclusive. It has more 13 counties in it. 14 I'm very concerned about, 15 obviously, my districts, but I don't wish to 16 be too parochial. This is a much broader 17 piece of legislation, following on that which 18 was given to us by Senator Bonacic. 19 SENATOR CRAIG JOHNSON: Will 20 Senator Leibell continue to yield, through 21 you, Mr. President? 22 SENATOR LEIBELL: Yes. 23 ACTING PRESIDENT WINNER: The 24 Senator yields. 25 SENATOR CRAIG JOHNSON: Certainly

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(518) 371-8910 1 I look forward to reviewing your legislation 2 which was introduced today. And hopefully, 3 assuming you get an Assembly sponsor, which 4 hopefully will be an Assembly sponsor that can 5 get its arms around it in the Assembly and get 6 it passed through, just to clarify, Nassau 7 County, Suffolk County and Westchester County 8 are included in your legislation? Again, I 9 don't have it in front of me. 10 SENATOR LEIBELL: Sure. The 11 expanded list of counties: Putnam, 12 Westchester, Dutchess, Nassau, Suffolk, 13 Schenectady, Montgomery, Fulton and Saratoga. 14 SENATOR CRAIG JOHNSON: Okay. 15 Mr. President, will the Senator continue to 16 yield? 17 ACTING PRESIDENT WINNER: One 18 moment, Senator Johnson. 19 Senator Marcellino, why do you 20 rise? 21 SENATOR MARCELLINO: For just a 22 clarification. 23 Senator Duane stood before and 24 commented on a rule that said that an 25 amendment had to be presented two hours -- to

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(518) 371-8910 1 the sponsor of the thing two hours before. 2 My understanding of the rules is 3 that it has to be at least two hours. There's 4 no two-hour requirement. It's at least. It 5 could have been served six months ago. It 6 could have been presented six years ago. I 7 mean -- but at least two hours I understand. 8 So that kind of clarifies that part, I think, 9 a little bit. 10 SENATOR DUANE: If I could, for 11 clarification, Mr. President, the active list 12 did not come out till midnight last night. 13 SENATOR MARCELLINO: What does 14 that have to do with the amendment? 15 SENATOR DUANE: It has to be on 16 the active list. The bill has to be on the 17 active list in order for it to be eligible to 18 be amended. 19 ACTING PRESIDENT WINNER: Senator 20 Duane -- 21 SENATOR DUANE: The active list 22 did not come out till midnight last night. 23 ACTING PRESIDENT WINNER: Some 24 order in the chamber. 25 If you wish to be recognized,

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(518) 371-8910 1 please ask the chair to be recognized, not get 2 up spontaneously and start to speak. 3 SENATOR DUANE: Mr. President -- 4 ACTING PRESIDENT WINNER: You're 5 out of order, Senator Duane. 6 SENATOR DUANE: Point of order. 7 ACTING PRESIDENT WINNER: State 8 your point of order. 9 SENATOR DUANE: The point of 10 order, Mr. President, is that hostile 11 amendments -- I was referring to hostile 12 amendments, of which, if you hadn't noticed, 13 this was and still is a hostile amendment. 14 And the active list did not come out till 15 midnight last night. 16 That is the rule for hostile 17 amendments. We followed the rule. We served 18 it appropriately. That's how it's supposed to 19 be done. 20 If anyone -- if the Majority wants 21 to change the rules, we're more than happy to 22 discuss that, and changes in other rules. 23 ACTING PRESIDENT WINNER: Senator 24 Duane, the amendment is before the house. 25 Therefore, it is obviously being taken up in

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(518) 371-8910 1 accordance with the rules. So I don't know 2 what your point of order is. 3 The fact of the matter is what I 4 was trying to do is have you be recognized by 5 the chair prior to getting up and 6 spontaneously speaking. If you wish to 7 raise -- you've raised a point of order. Your 8 point of order is obviously moot, due to the 9 fact that the amendment is before the house. 10 SENATOR DUANE: Thank you, 11 Mr. President. 12 However, the original comment was 13 on the misunderstanding that was put on the 14 floor by Senator Bonacic on -- in that he said 15 it was an unusual way in which the amendment 16 had been served, by being brought to his 17 office and handed to his secretary. But in 18 fact, that's the way it's supposed to be done. 19 ACTING PRESIDENT WINNER: Senator 20 Duane -- 21 SENATOR DUANE: And Senator 22 Marcellino apparently doesn't know about that 23 either. 24 (Laughter.) 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Duane, I believe Senator Leibell has the 2 floor. 3 Senator Leibell. 4 SENATOR CRAIG JOHNSON: I think, 5 Mr. President, I was going to ask Senator 6 Leibell to continue to yield for a question. 7 ACTING PRESIDENT WINNER: Senator 8 Johnson asks if you would yield to a question. 9 Senator Leibell, do you yield? 10 SENATOR LEIBELL: Yes, I do. 11 ACTING PRESIDENT WINNER: The 12 Senator yields. 13 SENATOR CRAIG JOHNSON: Senator 14 Leibell, have you been able to secure a 15 message of necessity for your legislation? 16 SENATOR LEIBELL: No, I have not. 17 As you know, the Governor would probably be 18 more responsive to you than he would be to me. 19 (Laughter.) 20 SENATOR CRAIG JOHNSON: Mr. 21 President, will the Senator continue to yield 22 for a question. 23 SENATOR LEIBELL: Yes. 24 ACTING PRESIDENT WINNER: The 25 Senator yields.

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(518) 371-8910 1 SENATOR CRAIG JOHNSON: Senator 2 Leibell, I am more than happy to work you as 3 well as Senator Bonacic -- 4 SENATOR LEIBELL: Senator, I look 5 forward to your support for my legislation. 6 SENATOR CRAIG JOHNSON: Would you 7 agree, then, that Senator Bonacic should lay 8 aside his legislation for the day so we can 9 take up these pieces of legislation together, 10 to ensure that all of it gets passed by the 11 Senate before we go home -- hopefully, it 12 won't be tomorrow; we should continue to do 13 our business -- but pass it before we go home 14 from session? 15 SENATOR LEIBELL: Oh, no. No, 16 I -- just the opposite. I'd much rather see 17 Senator Bonacic's legislation pass here, move 18 forward and then continue with mine. 19 SENATOR CRAIG JOHNSON: Through 20 you, Mr. President, will the Senator continue 21 to yield for my final question. 22 ACTING PRESIDENT WINNER: 23 Senator, do you yield for Senator Johnson's 24 final question? 25 SENATOR LEIBELL: For his final

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(518) 371-8910 1 question? Certainly. 2 SENATOR CRAIG JOHNSON: Just to 3 clarify, will you support the amendment put 4 forth by Senator Stewart-Cousins to include 5 Nassau County, Suffolk County, Westchester 6 County and Putnam County in this piece of 7 legislation that we're voting on today? 8 SENATOR LEIBELL: Senator, with 9 all due respect to my colleague from 10 Westchester, this amendment is grossly 11 inadequate. It leaves out significant parts 12 of New York State that would also like to 13 benefit from this legislation. 14 So I am in support of this 15 legislation, Senator Bonacic's, my own, and I 16 hope you would also be. 17 SENATOR CRAIG JOHNSON: I have to 18 amend that answer. I will ask my final, final 19 question. Will the Senator continue to yield 20 for a question, the final, final question? 21 Final, final, final question. 22 ACTING PRESIDENT WINNER: Senator 23 Leibell, do you want to yield -- 24 SENATOR LEIBELL: For the final, 25 final question? I yield for the final,

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(518) 371-8910 1 final -- 2 ACTING PRESIDENT WINNER: -- to 3 the unreliable representation one final 4 question? 5 (Laughter.) 6 SENATOR CRAIG JOHNSON: Senator 7 Duane, please stand up and defend me. 8 Will you then vote against this 9 piece of legislation today, which will then 10 obviously be taken care of by your legislation 11 at some other date? 12 Because this one is grossly 13 inadequate, because that's what our amendment 14 tries to fix, is the legislation -- when 15 you're describing our amendment as grossly 16 inadequate, that seems that we're just trying 17 to fix this piece of legislation. 18 So will you vote against, then, 19 Senator Bonacic's legislation? 20 SENATOR LEIBELL: Are you talking 21 about the legislation from Senator Bonacic? 22 SENATOR CRAIG JOHNSON: Senator 23 Bonacic's legislation, correct. 24 SENATOR LEIBELL: I intend to 25 vote in support of it.

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(518) 371-8910 1 SENATOR CRAIG JOHNSON: Okay. I 2 have no further questions. Thank you very 3 much, Senator Leibell and Senator Bonacic, for 4 yielding the floor. 5 ACTING PRESIDENT WINNER: Senator 6 Bonacic. 7 SENATOR BONACIC: Senator Bonacic 8 has a question of Senator Johnson. 9 (Laughter.) 10 SENATOR CRAIG JOHNSON: I yield, 11 Mr. President. 12 ACTING PRESIDENT WINNER: I had 13 no doubt. 14 Senator Bonacic, Senator Johnson 15 will yield to one question at a time. 16 SENATOR CRAIG JOHNSON: As many 17 as you want. 18 SENATOR BONACIC: You are the 19 ranker of the Senate Environmental Committee? 20 SENATOR CRAIG JOHNSON: I am. 21 SENATOR BONACIC: And you're 22 aware that this bill was passed, which you 23 supported, on May 30th? 24 SENATOR CRAIG JOHNSON: 25 Absolutely.

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(518) 371-8910 1 SENATOR BONACIC: And did you 2 have any conversations with Senator Cousins 3 about her concern for these other counties 4 from May 30th up to 9:00 a.m. this morning? 5 SENATOR CRAIG JOHNSON: I did 6 have conversations. 7 SENATOR BONACIC: And when was 8 the first time that she expressed to you the 9 concern about these other counties? 10 SENATOR CRAIG JOHNSON: Senator 11 Bonacic, I can't recall. We converse on 12 numerous issues, including issues of this 13 import. So I can't give you an exact date. 14 SENATOR BONACIC: But in the 15 spirit of bipartisanship -- 16 ACTING PRESIDENT WINNER: Senator 17 Bonacic, would you please direct your 18 questions to the chair. 19 Senator Connor, why do you rise? 20 SENATOR CONNOR: I rise to raise 21 that point of order. 22 While I enjoy seeing two of my 23 trial lawyer colleagues cross-examine each 24 other, it's not the procedure of the house. 25 ACTING PRESIDENT WINNER: Your

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(518) 371-8910 1 point is well-taken, Senator Connor. 2 Senator Bonacic, please ask your 3 questions through the chair. 4 SENATOR BONACIC: You know what? 5 I think we better move the process along. I 6 have no further questions of Senator Johnson. 7 Thank you, Senator Johnson. 8 ACTING PRESIDENT WINNER: Thank 9 you, Senator Bonacic. I think that's very 10 wise. 11 SENATOR CRAIG JOHNSON: Thank you 12 very much, Senator Bonacic. I appreciate your 13 questions. 14 Thank you, Mr. President. 15 ACTING PRESIDENT WINNER: On the 16 amendment, those Senators in agreement please 17 signify by raising your hands. 18 THE SECRETARY: Those recorded in 19 agreement are Senators Adams, Breslin, Connor, 20 Diaz, Dilan, Duane, Gonzalez, 21 Hassell-Thompson, Huntley, C. Johnson, Klein, 22 L. Krueger, Montgomery, Onorato, Oppenheimer, 23 Parker, Perkins, Sabini, Savino, Schneiderman, 24 Serrano, Smith, Stachowski, Stavisky, 25 Stewart-Cousins, Thompson and Valesky.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 amendment is not agreed to. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT WINNER: The 10 Secretary will ring the bell. 11 The members are instructed to 12 return to the chamber to vote. 13 The Secretary will announce the 14 results. 15 THE SECRETARY: In relation to 16 Calendar Number 1810: Ayes, 60. Nays, 0. 17 Absent from voting: Senators C. 18 Kruger and Sampson. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 That completes the reading of the 22 controversial calendar, 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 ACTING PRESIDENT WINNER: There 3 will be an immediate meeting of the Rules 4 Committee in the Majority Conference Room. 5 The Senate stands at ease. 6 (Whereupon, the Senate stood at 7 ease at 3:07 p.m.) 8 (Whereupon, the Senate reconvened 9 at 3:26 p.m.) 10 ACTING PRESIDENT WINNER: The 11 Senate will come to order. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we could return to reports of standing 15 committees, there's a report of the Rules 16 Committee at the desk. I ask that it be read 17 at this time. 18 ACTING PRESIDENT WINNER: Reports 19 of standing committees. 20 The Secretary will read. 21 THE SECRETARY: Senator Bruno, 22 from the Committee on Rules, reports the 23 following bills: 24 Senate Print 4467, by Senator 25 Morahan, an act to amend the New York State

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(518) 371-8910 1 Urban Development Corporation Act; 2 4578, by Senator C. Kruger, an act 3 to amend the Tax Law; 4 4998, by Senator Breslin, an act to 5 amend the Canal Law; 6 5596, by Senator Flanagan, an act 7 to amend the Labor Law; 8 5620B, by Senator Farley, an act to 9 amend the Banking Law; 10 5739, by Senator Maltese, an act to 11 authorize; 12 5790, by Senator Padavan, an act to 13 amend the Alcoholic Beverage Control Law; 14 6074A, by Senator Golden, an act to 15 amend the Education Law; 16 6118A, by Senator Marcellino, an 17 act creating; 18 6127, by Senator Saland, an act to 19 amend Chapter 147 of the Laws of 2001; 20 6161, by Senator Trunzo, an act to 21 amend the Executive Law; 22 6164, by Senator Seward, an act to 23 amend the Education Law; 24 6168, by Senator Robach, an act to 25 amend the Public Health Law;

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(518) 371-8910 1 6176A, by Senator Wright, an act to 2 amend the General Business Law; 3 6194, by Senator Libous, an act to 4 amend the Vehicle and Traffic Law; 5 6195, by Senator Trunzo, an act to 6 amend the Criminal Procedure Law; 7 6197, by Senator Rath, an act to 8 amend the Economic Development Law; 9 6202, by Senator Hannon, an act to 10 amend Chapter 303 of the Laws of 1999; 11 6204, by Senator Little, an act to 12 amend the Criminal Procedure Law; 13 6217, by Senator Morahan, an act to 14 amend the Highway Law; 15 6220, by Senator Winner, an act to 16 amend Chapter 192 of the Laws of 2003; 17 6221, by Senator Volker, an act to 18 amend the Alcoholic Beverage Control Law; 19 6228, by Senator Nozzolio, an act 20 to amend the Executive Law; 21 6234, by Senator Seward, an act to 22 amend the Insurance Law; 23 6236, by the Senate Committee on 24 Rules, an act to amend Part OO of Chapter 59; 25 6238, by the Senate Committee on

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(518) 371-8910 1 Rules, an act to amend the Real Property Law; 2 6246, by Senator Wright, an act to 3 amend the Executive Law; 4 6250, by Senator Flanagan, an act 5 to amend the Vehicle and Traffic Law; 6 6252, by Senator Maltese, an act to 7 amend the Real Property Tax Law; 8 6259, by Senator Skelos, an act to 9 amend the Labor Law; 10 6261, by Senator Larkin, an act to 11 amend the Civil Service Law; 12 238, by Senator Larkin, an act to 13 amend the General Municipal Law; 14 684A, by Senator Flanagan, an act 15 to amend the Public Health Law; 16 2074, by Senator Padavan, an act to 17 amend the Education Law; 18 2993, by Senator Griffo, an act to 19 amend the Public Authorities Law; 20 3175A, by Senator Volker, an act to 21 amend the Social Services Law; 22 4390, by Senator Smith, an act to 23 amend the Criminal Procedure Law; 24 4470A, by Senator Morahan, an act 25 to amend the Mental Hygiene Law;

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(518) 371-8910 1 4566, by Senator Leibell, an act to 2 amend the General Business Law; 3 5114, by Senator Oppenheimer, an 4 act to amend the Tax Law; 5 5777, by Senator Flanagan, an act 6 to authorize; 7 5853, by Senator LaValle, an act to 8 amend the Tax Law; 9 5867, by Senator Padavan, an act to 10 amend the Local Finance Law; 11 5869, by Senator Padavan, an act to 12 amend the Public Authorities Law; 13 5972A, by Senator Lanza, an act to 14 amend the Education Law; 15 6000, by the Senate Committee on 16 Rules, an act to amend the Tax Law; 17 6052A, by Senator Hannon, an act to 18 amend the Education Law; 19 6062, by the Senate Committee on 20 Rules, an act to amend Chapter 272 of the Laws 21 of 1991; 22 6080, by Senator Volker, an act to 23 amend the Education Law; 24 6152, by Senator Morahan, an act to 25 amend Chapter 24 of the Laws of 2007;

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(518) 371-8910 1 6156A, by Senator Leibell, an act 2 to amend the Retirement and Social Security 3 Law; 4 6158, by Senator Maltese, an act to 5 amend the Labor Law; 6 6196, by Senator Trunzo, an act 7 relating to the distribution; 8 6198, by Senator Young, an act to 9 amend the Agriculture and Markets Law; 10 6209A, by Senator Padavan, an act 11 to amend the General Business Law; 12 6213, by Senator Saland, an act to 13 amend the Alcoholic Beverage Control Law; 14 6214, by Senator Saland, an act to 15 amend the Public Authorities Law; 16 6219, by Senator Morahan, an act to 17 amend the Mental Hygiene Law; 18 6229, by the Senate Committee on 19 Rules, an act to amend the Civil Service Law; 20 6230, by Senator Volker, an act to 21 amend the Penal Law; 22 6233, by Senator Golden, an act to 23 amend Chapter 606 of the Laws of 1902; 24 6241, by Senator Volker, an act to 25 amend the Criminal Procedure Law;

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(518) 371-8910 1 6243, by the Senate Committee on 2 Rules, an act to amend the Education Law; 3 6244, by Senator Maltese, an act to 4 amend the Transportation Law; 5 6249, by Senator Maziarz, an act to 6 allow; 7 6251, by Senator Flanagan, an act 8 to amend the Vehicle and Traffic Law; 9 6263, by Senator Little, an act to 10 amend the Criminal Procedure Law; 11 6266, by Senator LaValle, an act to 12 amend the Insurance Law; 13 6267A, by Senator Padavan, an act 14 to amend the Real Property Tax Law; 15 6268, by Senator Winner, an act to 16 amend the Alcoholic Beverage Control Law; 17 6269, by the Senate Committee on 18 Rules, an act to amend Chapter 824 of the Laws 19 of 1987; 20 6272, by Senator Saland, an act to 21 amend the Education Law; 22 6274, by Senator Skelos, an act to 23 amend the Social Services Law; 24 6275, by Senator Saland, an act to 25 amend the Education Law;

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(518) 371-8910 1 6277, by Senator Skelos, an act to 2 amend the Correction Law; 3 6287, by Senator Seward, an act to 4 amend the Insurance Law; 5 6296, by Senator Golden, an act to 6 amend the Education Law; 7 6299, by Senator Griffo, an act to 8 amend Chapter 237 of the Laws of 2005; 9 6300, by Senator Libous, an act to 10 amend Chapter 549 of the Laws of 1994; 11 6301, by Senator Saland, an act to 12 amend Chapter 552 of the Laws of 1995; 13 6302, by Senator Saland, an act to 14 amend Chapter 618 of the Laws of 1998; 15 6304, by Senator Seward, an act to 16 amend the Insurance Law; 17 6310, by Senator Leibell, an act to 18 amend the Domestic Relations Law; 19 6321, by Senator Skelos, an act to 20 amend the Arts and Cultural Affairs Law; 21 6322, by the Senate Committee on 22 Rules, an act authorizing; 23 6324, by Senator Griffo, an act to 24 amend the Civil Service Law; 25 And Senate Print 6358, by Senator

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(518) 371-8910 1 DeFrancisco, an act to amend the State Finance 2 Law. 3 All bills ordered direct to third 4 reading. 5 ACTING PRESIDENT WINNER: Senator 6 Skelos. 7 SENATOR SKELOS: Mr. President, I 8 move to accept the report of the Rules 9 Committee. 10 ACTING PRESIDENT WINNER: All 11 those in favor of accepting the report of the 12 Rules Committee signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT WINNER: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT WINNER: The 18 Rules Committee report is accepted. 19 Senator Skelos. 20 SENATOR SKELOS: Thank you, 21 Mr. President. 22 I believe there's some housekeeping 23 that we can do at this time. 24 ACTING PRESIDENT WINNER: Senator 25 Nozzolio.

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(518) 371-8910 1 SENATOR NOZZOLIO: Thank you, 2 Mr. President. 3 On behalf of Senator Alesi, I wish 4 to call up Senate Print Number 4744B, recalled 5 from the Assembly, which is now at the desk. 6 ACTING PRESIDENT WINNER: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1696, by Senator Alesi, Senate Print 4744B, an 10 act in relation to redistributing. 11 SENATOR NOZZOLIO: Mr. President, 12 I now move to reconsider the vote by which the 13 bill was enacted. 14 ACTING PRESIDENT WINNER: Call 15 the roll on reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 SENATOR NOZZOLIO: Mr. President, 19 I now offer the following amendments. 20 ACTING PRESIDENT WINNER: The 21 amendments are received and adopted. 22 SENATOR NOZZOLIO: Mr. President, 23 I wish to call up, on behalf of Senator 24 Larkin, Print Number 6011, recalled from the 25 Assembly, which is now at the desk.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 1754, by Senator Larkin, Senate Print 6011, an 5 act to amend the Tax Law. 6 SENATOR NOZZOLIO: Mr. President, 7 I now move to reconsider the vote by which the 8 bill was enacted. 9 ACTING PRESIDENT WINNER: The 10 Secretary will call the roll on 11 reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 SENATOR NOZZOLIO: Mr. President, 15 I now offer the following amendments. 16 ACTING PRESIDENT WINNER: The 17 amendments are received and adopted. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 on Senate Calendar 64B, on behalf of Senator 21 Saland, would you place a sponsor's star on 22 Calendar Number 1941, Print Number 6272. 23 ACTING PRESIDENT WINNER: So 24 ordered. 25 SENATOR SKELOS: Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Skelos. 3 SENATOR SKELOS: There will be an 4 immediate meeting of the Finance Committee in 5 the Senate Majority Conference Room. 6 ACTING PRESIDENT WINNER: There 7 will be an immediate meeting of the Finance 8 Committee in the Senate Majority Conference 9 Room. 10 The Senate will stand at ease. 11 (Whereupon, the Senate stood at 12 ease at 3:37 p.m.) 13 (Whereupon, the Senate reconvened 14 at 3:46 p.m.) 15 ACTING PRESIDENT WINNER: The 16 Senate will come to order. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could return to reports of standing 20 committees and take up the report of the 21 Finance Committee at this time. 22 ACTING PRESIDENT WINNER: Reports 23 of standing committees. 24 The Secretary will read. 25 THE SECRETARY: Senator O.

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(518) 371-8910 1 Johnson, from the Committee on Finance, 2 reports the following nominations. 3 As a member of the State of 4 New York Mortgage Agency, Karen A. Phillips, 5 of New York City. 6 As a member of the Dormitory 7 Authority, John B. Johnson, Jr., of Watertown. 8 As a trustee of the Power Authority 9 of the State of New York, James A. Besha, Sr., 10 of Berne. 11 As alternate nonvoting member of 12 the Metropolitan Transportation Authority, 13 Vincent Tessitore, Jr., of East Islip. 14 As members of the Rochester-Genesee 15 Regional Transportation Authority, Thomas R. 16 Argust, of Rochester; Barbara J. Jones, of 17 Rochester; and Karen C. Pryor, of Rochester. 18 As a member of the Administrative 19 Review Board for Professional Medical Conduct, 20 Linda Prescott Wilson, of Laurelton. 21 As a member of the Palisades 22 Interstate Park Commission, Keith Cornell, of 23 Valley Cottage. 24 As members of the Council on Human 25 Blood and Transfusion Services, Joseph T.

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(518) 371-8910 1 Chiofolo, of Howard Beach; Alicia Elena 2 Gomensoro-Garcia, M.D., of Staten Island; and 3 Lazaro Generoso Rosales, M.D., of 4 Fayetteville. 5 As members of the Mental Health 6 Services Council, Jeffrey Borenstein, M.D., of 7 New York City; Mark H. Fuller, of LeRoy; 8 Thomas E. Holt, of Jamestown; Grant Mitchell, 9 M.D., of Goldens Bridge; Richard Nelson 10 Rosenthal, M.D., of New York City; Euphemia 11 Strauchn, of Staten Island; and Clara K. 12 Wentland, of Menands. 13 As members of the Minority Health 14 Council, Anne C. Beal, M.D., of New York City, 15 and Deborah Terrance, of Massena. 16 As members of the State Camp 17 Advisory Council, Jordan Dale, of Nanuet; Dawn 18 Ewing, of Sleepy Hollow Manor; Robert Geraci, 19 of Baldwinsville; and Robert C. Scheinfeld, 20 Esquire, of New Rochelle. 21 As members of the Advisory Council 22 to the Commission on Quality of Care and 23 Advocacy for Persons with Disabilities, 24 Barbara S. Devore, of Delmar; Judy Eisman, of 25 Great Neck; Shirley B. Flowers, of Brooklyn;

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(518) 371-8910 1 Joan E. Klink, of Fishkill; and Milo I. 2 Tomanovich, Esquire, of Rochester. 3 As members of the Board of Visitors 4 of the Binghamton Psychiatric Center, Edward 5 G. Giegucz, of Vestal, and Nancy Ann Thomas, 6 of Binghamton. 7 As members of Board of Visitors of 8 the Buffalo Psychiatric Center, Davina 9 Moss-King, Ph.D., of Tonawanda, and Ellen J. 10 Maternowski, of Lakewood. 11 As a member of the Board of 12 Visitors of the Elmira Psychiatric Center, 13 Floyd Haff, of Cohocton. 14 As a member of the Finger Lakes 15 Developmental Disabilities Services Office, 16 Paul S. Barton, of Elmira. 17 As a member of the Kingsboro 18 Psychiatric Center, Shirley B. Flowers, of 19 Brooklyn. 20 As a member of the Long Island 21 Developmental Disabilities Services Office, 22 Mark Douglas Gustin, of Valley Stream. 23 As a member of the Board of 24 Visitors of the New York State Home for 25 Veterans and Their Dependents at Montrose,

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(518) 371-8910 1 Katherine Ward, of Blauvelt. 2 As a member of the Board of 3 Visitors of the Queens Children's Psychiatric 4 Center, Willard Hill, of Springfield Gardens. 5 As a member of the Board of 6 Visitors of the St. Lawrence Psychiatric 7 Center, Richard M. LaValley, of Canton. 8 As members of the Board of Visitors 9 of the Sagamore Children's Psychiatric Center, 10 Grace E. Clench, of Brentwood, and Elaine Y. 11 Reinke, of Massapequa. 12 As a member of the Board of 13 Visitors of the Staten Island Developmental 14 Disabilities Services Office, Robert McCarren, 15 Sr., of Staten Island. 16 As a member of the Board of 17 Visitors of the Sunmount Developmental 18 Disabilities Services Office, Jane DuMoulin, 19 of Cadyville. 20 And as a member of the Board of 21 Visitors of the Western New York Children's 22 Psychiatric Center, Ramon F. Perez, of 23 Hamburg. 24 ACTING PRESIDENT WINNER: Senator 25 Johnson.

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(518) 371-8910 1 SENATOR O. JOHNSON: Move the 2 nominations. 3 ACTING PRESIDENT WINNER: The 4 question is on the confirmation of the 5 nominees as read by the Secretary. 6 All those in favor signify by 7 saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT WINNER: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT WINNER: The 13 nominees are hereby confirmed. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could go to Senate Calendar Number 64A, 17 noncontroversial. 18 ACTING PRESIDENT WINNER: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1869, by Senator Morahan, Senate Print 4467, 22 an act to amend the New York State Urban 23 Development Corporation Act. 24 ACTING PRESIDENT WINNER: 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 WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1870, Senator C. Kruger moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 8094 and substitute it 13 for the identical Senate Bill Number 4578, 14 Third Reading Calendar 1870. 15 ACTING PRESIDENT WINNER: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1870, by Member of the Assembly Wright, 20 Assembly Print Number 8094, an act to amend 21 the Tax Law and others. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1871, Senator Breslin moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 5764 and substitute it 11 for the identical Senate Bill Number 4998, 12 Third Reading Calendar 1871. 13 ACTING PRESIDENT WINNER: The 14 substitution is ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1871, by Member of the Assembly Hoyt, Assembly 18 Print Number 5764, an act to amend the Canal 19 Law. 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, 62. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1872, Senator Flanagan moves 7 to discharge, from the Committee on Labor, 8 Assembly Bill Number 1060 and substitute it 9 for the identical Senate Bill Number 5596, 10 Third Reading Calendar 1872. 11 ACTING PRESIDENT WINNER: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1872, by Member of the Assembly Destito, 16 Assembly Print Number 1060, an act to amend 17 the Labor 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1873, by Senator Farley, Senate Print 5620B, 5 an act to amend the Banking Law. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 7. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1874, by Senator Maltese, Senate Print 5739, 18 an act to authorize certain employees. 19 ACTING PRESIDENT WINNER: There 20 is a home-rule message at the desk. 21 The Secretary will read the last 22 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, 62. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1875, Senator Padavan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 7873 and substitute it 10 for the identical Senate Bill Number 5790, 11 Third Reading Calendar 1875. 12 ACTING PRESIDENT WINNER: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1875, by Member of the Assembly Schimminger, 17 Assembly Print Number 7873, an act to amend 18 the Alcoholic Beverage Control 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, 62. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1876, by Senator Golden, Senate Print 6074A, 6 an act to amend the Education Law. 7 ACTING PRESIDENT WINNER: There 8 is a local fiscal impact note at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect September 1, 2007. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 1877, Senator Marcellino moves 20 to discharge, from the Committee on Rules, 21 Assembly Bill Number 9002A and substitute it 22 for the identical Senate Bill Number 6118A, 23 Third Reading Calendar 1877. 24 ACTING PRESIDENT WINNER: 25 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1877, by Member of the Assembly Sweeney, 4 Assembly Print Number 9002A, an act creating 5 the New York State Sea Level Rise Task Force. 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 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1878, by Senator Saland, Senate Print 6127, an 18 act to amend Chapter 147 of the Laws of 2001. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect July 1, 2007. 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, 62. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1879, by Senator Trunzo, Senate Print 6161, an 6 act to amend the Executive Law. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 7. 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, 62. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1880, by Senator Seward, Senate Print 6164 -- 19 SENATOR SKELOS: Lay it aside 20 temporarily. 21 ACTING PRESIDENT WINNER: The 22 bill is laid aside temporarily. 23 THE SECRETARY: Calendar Number 24 1881, by Senator Robach, Senate Print 6168, an 25 act to amend the Public Health Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 3. 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, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1883, Senator Libous moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 3978 and substitute it 15 for the identical Senate Bill Number 6194, 16 Third Reading Calendar 1883. 17 ACTING PRESIDENT WINNER: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1883, by Member of the Assembly Perry, 22 Assembly Print Number 3978, an act to amend 23 the Vehicle and Traffic Law. 24 ACTING PRESIDENT WINNER: A local 25 fiscal impact note is at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1884, by Senator Trunzo, Senate Print 6195, an 13 act to amend the Criminal Procedure Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. Nays, 23 1. Senator Duane recorded in the negative. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1885, by Senator Rath, Senate Print 6197, an 3 act to amend the Economic Development Law. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT WINNER: Senator 12 Rath, to explain her vote. 13 SENATOR RATH: Yes, 14 Mr. President, thank you. 15 I would like to call to the 16 attention of the delegation here, the body of 17 us here, that an amateur sports development 18 advisory council is something that I wish we 19 had done a number of years ago. As chairman 20 of Tourism, I have come to learn how many 21 people come into this state for the varying 22 reasons that they come. 23 And I would like to say that a 24 recent study of the Travel Industry of 25 America, entitled "The Power of Sports" is

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(518) 371-8910 1 showing a $543 billion economic impact on the 2 United States every year, and it represents 3 4.4 percent of the gross national product. 4 Now, granted, that's all across the 5 United States, and that's not just amateur 6 sports. But that's telling you something 7 about how much money and how many people are 8 involved in sports and sports travel. 9 We're looking right here to get a 10 council together here in the state similar to 11 the Tourism Advisory Council to promote 12 sports, promote physical fitness on an amateur 13 level. And it will add a great deal of clout 14 to an organization to have their activities 15 promoted through our council. 16 And I thank you all for your 17 support. 18 ACTING PRESIDENT WINNER: Senator 19 Rath will be recorded in the affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 62. Nays, 22 0. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1886, Senator Hannon moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 8761 and substitute it 4 for the identical Senate Bill Number 6202, 5 Third Reading Calendar 1886. 6 ACTING PRESIDENT WINNER: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1886, by Member of the Assembly Young, 11 Assembly Print Number 8761, an act to amend 12 Chapter 303 of the Laws of 1999. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1887, by Senator Little, Senate Print 6204, an 25 act to amend the Criminal Procedure Law.

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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. Nays, 9 1. Senator Duane recorded in the negative. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1888, by Senator Morahan, Senate Print 6217, 14 an act to amend the Highway Law. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1891, Senator Nozzolio moves 2 to discharge, from the Committee on Crime 3 Victims, Crime and Correction, Assembly Bill 4 Number 3286 and substitute it for the 5 identical Senate Bill Number 6228, Third 6 Reading Calendar 1891. 7 ACTING PRESIDENT WINNER: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1891, by Member of the Assembly Aubry, 12 Assembly Print Number 3286, an act to amend 13 the Executive Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1892, by Senator Seward, Senate Print 6234, an

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(518) 371-8910 1 act to amend the Insurance Law. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1893, by the Senate Committee on Rules, Senate 14 Print 6236, an act to amend Part OO of 15 Chapter 59 of the Laws of 2006. 16 ACTING PRESIDENT WINNER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. Nays, 24 1. Senator Duane recorded in the negative. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1894, by the Senate Committee on Rules, Senate 4 Print 6238, an act to amend the Real Property 5 Law. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the same date and in 10 the same manner as Section 5 of Chapter 183 of 11 the Laws of 2006. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. Nays, 16 1. Senator Duane recorded in the negative. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1896, by Senator Wright, Senate Print 6246, an 21 act to amend the Executive Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1897, by Senator Flanagan, Senate Print 6250, 9 an act to amend the Vehicle and Traffic Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT WINNER: Senator 18 Schneiderman. 19 SENATOR SCHNEIDERMAN: Thank you, 20 Mr. President. To explain my vote. 21 This is a piece of legislation that 22 the sponsor has submitted to codify in statute 23 the current Department of Motor Vehicles 24 regulations that require applicants for 25 driver's licenses to provide either a Social

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(518) 371-8910 1 Security number or proof that you're not 2 eligible for a Social Security number. 3 This is the current law in New York 4 State. It's not in statute, however. And 5 it's consistent with the laws in many other 6 states. 7 We will be dealing in the future 8 with more difficult issues in connection with 9 driver's license applications, particularly 10 the issue of immigration status. This bill 11 does not address in any way the issue of 12 immigration status. 13 And I also just want to note, so 14 it's in the record, that this does not limit 15 the type of proof that can be provided that a 16 applicant is not eligible for a Social 17 Security number. 18 I suspect in the coming years we'll 19 be dealing a great deal with the issues 20 related to under what circumstances immigrants 21 should be issued driver's licenses. It's a 22 complicated issue, an issue about which many 23 of us are very passionate. 24 But this statute in my view doesn't 25 change the current law, and it certainly

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(518) 371-8910 1 doesn't provide any unacceptable limits based 2 on immigration status of an applicant for a 3 driver's license. I don't know that it is 4 necessary to put it into a statute; I'm happy 5 with it being in DMV regs. 6 But I wanted to clarify, based on 7 my discussion with the sponsor, that this in 8 no way addresses the issue of immigration 9 status and will in no way provide limitations 10 on the ability of an immigrant to get a 11 driver's license based on their immigration 12 status. 13 Thank you, Mr. President. 14 ACTING PRESIDENT WINNER: How do 15 you vote, Senator Schneiderman? 16 SENATOR SCHNEIDERMAN: I vote no. 17 ACTING PRESIDENT WINNER: The 18 Secretary will announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 1897 are 21 Senators Adams, Connor, Dilan, 22 Hassell-Thompson, Huntley, L. Krueger, 23 Montgomery, Parker, Sabini, Schneiderman, 24 Serrano and Stavisky. Also Senators Perkins 25 and Stewart-Cousins.

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(518) 371-8910 1 Ayes, 48. Nays, 14. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 1897, also Senator Diaz in the 6 negative. Ayes, 47. Nays, 15. 7 ACTING PRESIDENT WINNER: The 8 bill is still passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1898, Senator Maltese moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 9124 and substitute it 13 for the identical Senate Bill Number 6252, 14 Third Reading Calendar 1898. 15 ACTING PRESIDENT WINNER: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1898, by Member of the Assembly Silver, 20 Assembly Print Number 9124, an act to amend 21 the Real Property Tax Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1899, by Senator Skelos, Senate Print 6259, an 9 act to amend the Labor Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 60th day. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1900, by Senator Larkin, Senate Print 6261, an 22 act to amend the Civil Service Law. 23 ACTING PRESIDENT WINNER: 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 WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 Senator Skelos, that completes the 9 noncontroversial reading of Calendar 64A. 10 SENATOR SKELOS: Thank you, 11 Mr. President. 12 On that calendar would you please 13 lay aside Calendar Number 1880 for the day. 14 ACTING PRESIDENT WINNER: The 15 bill is laid aside for the day. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 if we could go to Senate Calendar Number 64B, 19 noncontroversial. 20 ACTING PRESIDENT WINNER: The 21 Secretary will read the noncontroversial 22 Calendar 64B. 23 THE SECRETARY: Calendar Number 24 1895, by Senator Larkin, Senate Print 238, an 25 act to amend the General Municipal Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 5. 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. Nays, 9 1. Senator Duane recorded in the negative. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1901, by Senator Flanagan, Senate Print 684A, 14 an act to amend the Public Health Law. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1902, by Senator Padavan, Senate Print 2074, 2 an act to amend the Education Law. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1903, Senator Griffo moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 5499 and substitute it 17 for the identical Senate Bill Number 2993, 18 Third Reading Calendar 1903. 19 ACTING PRESIDENT WINNER: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1903, by Member of the Assembly Destito, 24 Assembly Print Number 5499, an act to amend 25 the Public Authorities Law.

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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, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1905, by Senator Smith, Senate Print 4390, an 13 act to amend the Criminal Procedure Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1906, by Senator Morahan, Senate Print 4470A, 2 an act to amend the Mental Hygiene Law. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 10. This 6 act shall take effect on the first of April. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1907, Senator Leibell moves to 15 discharge, from the Committee on Consumer 16 Protection, Assembly Bill Number 1416 and 17 substitute it for the identical Senate Bill 18 Number 4566, Third Reading Calendar 1907. 19 ACTING PRESIDENT WINNER: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1907, by Member of the Assembly Bradley, 24 Assembly Print Number 1416, an act to amend 25 the General Business Law.

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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 on the 180th day. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1908, Senator Oppenheimer 13 moves to discharge, from the Committee on 14 Rules, Assembly Bill Number 7903 and 15 substitute it for the identical Senate Bill 16 Number 5114, Third Reading Calendar 1908. 17 ACTING PRESIDENT WINNER: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1908, by Member of the Assembly Latimer, 22 Assembly Print Number 7903, an act to amend 23 the Tax Law. 24 ACTING PRESIDENT WINNER: 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 WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1909, by Senator Flanagan, Senate Print 5777, 11 an act to authorize the Friends of the 12 Coltrane Home in Dix Hills. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. Nays, 21 2. Senators Bonacic and Larkin recorded in 22 the negative. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1910, by Senator LaValle, Senate Print 5853, 2 an act to amend the Tax Law. 3 ACTING PRESIDENT WINNER: A local 4 fiscal impact note is at the desk. 5 Read the last section. 6 THE SECRETARY: Section 6. 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, 62. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1911, Senator Padavan moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 8277 and substitute it 18 for the identical Senate Bill Number 5867, 19 Third Reading Calendar 1911. 20 ACTING PRESIDENT WINNER: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1911, by Member of the Assembly Farrell, 25 Assembly Print Number 8277, an act to amend

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(518) 371-8910 1 the Local Finance Law. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1912, by Senator Padavan, Senate Print 5869, 14 an act to amend the Public Authorities Law. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1913, Senator Lanza moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 5396A and substitute it 4 for the identical Senate Bill Number 5972A, 5 Third Reading Calendar 1913. 6 ACTING PRESIDENT WINNER: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1913, by Member of the Assembly Nolan, 11 Assembly Print Number 5396A, an act to amend 12 the Education Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect June 30, 2007. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1914, by the Senate Committee on Rules -- 25 SENATOR SKELOS: Lay it aside for

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(518) 371-8910 1 the day, please. 2 ACTING PRESIDENT WINNER: The 3 bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 1915, by Senator Hannon, Senate Print 6052A, 6 an act to amend the Education Law and the 7 Public Health Law. 8 SENATOR HANNON: Mr. President. 9 ACTING PRESIDENT WINNER: Senator 10 Hannon. 11 SENATOR HANNON: Yeah, I'd like 12 to explain some legislative intent behind 13 this. I don't believe it's controversial, but 14 it's been a long time -- 15 ACTING PRESIDENT WINNER: Senator 16 Hannon, could we read the last section and 17 have you explain your vote? 18 SENATOR HANNON: Yes. 19 ACTING PRESIDENT WINNER: We're 20 not on the roll call yet. 21 Read the last section. 22 SENATOR HANNON: No, no, I want 23 to explain it on the bill. I don't want the 24 last section. 25 ACTING PRESIDENT WINNER: You

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(518) 371-8910 1 have to lay it aside, Senator. 2 SENATOR HANNON: Okay. 3 ACTING PRESIDENT WINNER: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 1916, by the Senate Committee on Rules, Senate 7 Print 6062, an act to amend Chapter 272 of the 8 Laws of 1991, amending the Tax Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1917, by Senator Volker, Senate Print 6080, an 21 act to amend the Education Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 180th day.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1918, Senator Morahan moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 9069 and substitute it 11 for the identical Senate Bill Number 6152, 12 Third Reading Calendar 1918. 13 ACTING PRESIDENT WINNER: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1918, by Member of the Assembly Weisenberg, 18 Assembly Print Number 9069, an act to amend 19 Chapter 24 of the Laws of 2007, amending the 20 Mental Hygiene Law. 21 ACTING PRESIDENT WINNER: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the same date and in 25 the same manner as Section 11 of Chapter 24 of

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(518) 371-8910 1 the Laws of 2007. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1921, by Senator Maltese, Senate Print 6158, 10 an act to amend the Labor Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1923, by Senator Young, Senate Print 6198, an 23 act to amend the Agriculture and Markets Law. 24 ACTING PRESIDENT WINNER: 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 WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1925, by Senator Saland, Senate Print 6213, an 11 act to amend the Alcoholic Beverage Control 12 Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1926, by Senator Saland, Senate Print 6214, an 25 act to amend the Public Authorities 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 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1927, Senator Morahan moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 6843 and substitute it 15 for the identical Senate Bill Number 6219, 16 Third Reading Calendar 1927. 17 ACTING PRESIDENT WINNER: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1927, by Member of the Assembly P. Rivera, 22 Assembly Print Number 6843, an act to amend 23 the Mental Hygiene Law. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of April. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1928, by the Senate Committee on Rules, Senate 11 Print 6229, an act to amend the Civil Service 12 Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1929, by Senator Volker, Senate Print 6230, an 25 act to amend the Penal Law and the Criminal

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(518) 371-8910 1 Procedure Law. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1930, by Senator Golden, Senate Print 6233, an 15 act to amend Chapter 606 of the Laws of 1902, 16 relating to the incorporation of the Brooklyn 17 Public Library. 18 ACTING PRESIDENT WINNER: Read 19 the last section. 20 THE SECRETARY: Section 5. 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, 62.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1931, by Senator Volker, Senate Print 6241, an 5 act to amend the Criminal Procedure Law. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the same date and in 10 the same manner as Chapter 74 of the Laws of 11 2007. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1932, by the Senate Committee on Rules, Senate 20 Print 6243, an act to amend the Education Law. 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, 62. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1933, by Senator Maltese, Senate Print 6244, 8 an act to amend the Transportation Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1935, by Senator Flanagan, Senate Print 6251, 21 an act to amend the Vehicle and Traffic Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1936, by Senator Little, Senate Print 6263, an 10 act to amend the Criminal Procedure 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 THE SECRETARY: Ayes, 60. Nays, 19 2. Senators Duane and L. Krueger recorded in 20 the negative. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1937, by Senator LaValle, Senate Print 6266, 25 an act to amend the Insurance Law.

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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 on the 90th day. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1939, by Senator Winner, Senate Print 6268, an 13 act to amend the Alcoholic Beverage Control 14 Law. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. Nays, 23 1. Senator Duane recorded in the negative. 24 ACTING PRESIDENT WINNER: The 25 meritorious bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 1940, Senator Bruno moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 8872 and substitute it 5 for the identical Senate Bill Number 6269, 6 Third Reading Calendar 1940. 7 ACTING PRESIDENT WINNER: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1940, by Member of the Assembly Fields, 12 Assembly Print Number 8872, an act to amend 13 Chapter 824 of the Laws of 1987. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1942, by Senator Skelos, Senate Print 6274, an

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(518) 371-8910 1 act to amend the Social Services Law. 2 SENATOR HASSELL-THOMPSON: Lay it 3 aside. 4 ACTING PRESIDENT WINNER: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 1943, by Senator Saland, Senate Print 6275, an 8 act to amend the Education Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect on the first of July. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1944, by Senator Skelos, Senate Print 6277, an 21 act to amend the Correction Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 30th day.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. Nays, 5 1. Senator Montgomery recorded in the 6 negative. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1945, Senator Seward moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 9028A and substitute it 13 for the identical Senate Bill Number 6287, 14 Third Reading Calendar 1945. 15 ACTING PRESIDENT WINNER: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1945, by Member of the Assembly Morelle, 20 Assembly Print Number 9028A, an act to amend 21 the Insurance Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1946, by Senator Golden, Senate Print 6296, an 9 act to amend the Education Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 4. 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, 62. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 1947, Senator Griffo moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 8130 and substitute it 24 for the identical Senate Bill Number 6299, 25 Third Reading Calendar 1947.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: 2 Substitution ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1947, by Member of the Assembly Carrozza, 6 Assembly Print Number 8130, an act to amend 7 Chapter 237 of the Laws of 2005. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1948, by Senator Libous, Senate Print 6300, an 20 act to amend Chapter 549 of the Laws of 1994, 21 amending the Public Authorities Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1949, Senator Saland moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8974 and substitute it 11 for the identical Senate Bill Number 6301, 12 Third Reading Calendar 1949. 13 ACTING PRESIDENT WINNER: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1949, by Member of the Assembly Maisel, 18 Assembly Print Number 8974, an act to amend 19 Chapter 552 of the Laws of 1995. 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, 62. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1950, Senator Saland moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 8970 and substitute it 9 for the identical Senate Bill Number 6302, 10 Third Reading Calendar 1950. 11 ACTING PRESIDENT WINNER: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1950, by Member of the Assembly Benedetto, 16 Assembly Print Number 8970, an act to amend 17 Chapter 618 of the Laws of 1998, amending the 18 General Municipal 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, 62. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1951, by Senator Seward, Senate Print 6304, an 6 act to amend the Insurance Law. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 6. 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, 62. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 Senator Skelos, that completes the 18 noncontroversial calendar. 19 SENATOR SKELOS: Mr. President, 20 before we go to the controversial calendar, 21 the Senate will stand at ease until 4:45, at 22 which time there will be a Rules Committee 23 meeting. Then we will report the Rules 24 Committee and take it up at that time. 25 Oh, yes, I'm sorry. If we could go

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(518) 371-8910 1 back on the noncontroversial and take up 2 Calendar Number 1915, by Senator Hannon. 3 ACTING PRESIDENT WINNER: Upon 4 unanimous consent, Calendar Number 1915, which 5 was previously laid aside, is restored to the 6 noncontroversial calendar. 7 The Secretary will read. 8 The bill is laid aside. 9 Senator LaValle. 10 SENATOR LaVALLE: With unanimous 11 consent, Mr. President, can we reconsider and 12 have Calendar Number 1915 read. Senator 13 Hannon will explain his vote. 14 ACTING PRESIDENT WINNER: With 15 unanimous consent, Calendar Number 1915 is 16 restored to the noncontroversial calendar. 17 And the Secretary will read. 18 THE SECRETARY: Calendar Number 19 1915, by Senator Hannon, Senate Print 6052A, 20 an act to amend the Education Law and the 21 Public Health Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 180th day.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT WINNER: Senator 5 Hannon, to explain his vote. 6 SENATOR HANNON: Thank you, 7 Mr. President. 8 This bill has had considerable 9 legislative gestation, and I wanted to simply 10 put on the record some of the intent behind 11 it. 12 The purpose of this bill is to 13 require state oversight of physicians 14 performing office-based surgery or invasive 15 procedures. Under current law, the state has 16 no regulatory authority over physician private 17 practices, including those performing 18 office-based surgery. Physician practices are 19 regulated solely through disciplinary 20 proceedings. 21 The purpose of this legislation is 22 to authorize the Commissioner of Health to 23 enter into agreements with nationally 24 recognized accrediting agencies in order to 25 establish the accreditation of office-based

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(518) 371-8910 1 surgery settings operating in the state and 2 incident reporting related thereto. 3 It's not intended and should not be 4 interpreted to alter current state of practice 5 in regard to the relationships among 6 healthcare practitioners concerning those who 7 provide anesthesia or sedation in those 8 settings. 9 This measure I believe will add 10 considerably to the quality and safety of 11 healthcare in this state, and I urge my 12 colleagues to vote accordingly. 13 Thank you, Mr. President. 14 ACTING PRESIDENT WINNER: Thank 15 you, Senator Hannon. 16 Senator Hannon will be recorded in 17 the affirmative. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 62. Nays, 21 0. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 Senator LaValle. 25 SENATOR LaVALLE: Mr. President,

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(518) 371-8910 1 we'll stand at ease pending a report from the 2 Rules Committee. 3 ACTING PRESIDENT WINNER: The 4 Senate stands at ease. 5 (Whereupon, the Senate stood at 6 ease at 4:33 p.m.) 7 (Whereupon, the Senate reconvened 8 at 5:14 p.m.) 9 ACTING PRESIDENT GRIFFO: The 10 Senate will come to order. 11 Senator LaValle. 12 SENATOR LaVALLE: Mr. President, 13 may we please return to reports of standing 14 committees, for the report of the Rules 15 Committee. 16 ACTING PRESIDENT GRIFFO: We'll 17 return to reports of standing committees. 18 The Secretary will read the report 19 of the Rules Committee. 20 THE SECRETARY: Senator Bruno, 21 from the Committee on Rules, reports the 22 following bills: 23 Senate Print 260A, by Senator 24 Alesi, an act to amend the Tax Law; 25 295, by Senator Alesi, an act to

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(518) 371-8910 1 amend the Public Health Law; 2 522, by Senator Maziarz, an act to 3 amend the Elder Law; 4 703C, by Senator Nozzolio, an act 5 to amend Penal Law; 6 859, by Senator Volker, an act to 7 amend the Environmental Conservation Law; 8 1573A, by Senator Maziarz, an act 9 to amend the Public Authorities Law; 10 2138A, by Senator O. Johnson, an 11 act to amend the Retirement and Social 12 Security Law; 13 3019A, by Senator Seward, an act to 14 amend Insurance Law and the State Finance Law; 15 3204, by Senator Breslin, an act to 16 amend the Tax Law; 17 3247A, by Senator Maziarz, an act 18 to amend the Vehicle and Traffic Law; 19 3965A, by Senator Bonacic, an act 20 to amend Chapter 915 of the Laws of 1982; 21 3980A, by Senator Bonacic, an act 22 to amend Chapter 555 of the Laws of 1989; 23 4041, by Senator Nozzolio, an act 24 to amend the Executive Law; 25 4112A, by Senator Flanagan, an act

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(518) 371-8910 1 to amend the Civil Service Law; 2 4392B, by Senator Farley, an act to 3 amend the Banking Law; 4 4700, by Senator Leibell, an act to 5 amend the Not-for-Profit Corporation Law; 6 4905A, by Senator Young, an act to 7 authorize the County of Allegany; 8 5001, by Senator Nozzolio, an act 9 to amend the Social Services Law; 10 5142A, by Senator C. Kruger, an act 11 to amend the Family Court Act and the Social 12 Services Law; 13 5442A, by Senator Marcellino, an 14 act to amend the Energy Law; 15 5618A, by Senator Farley, an act to 16 amend the Banking Law; 17 5636, by Senator Leibell, an act to 18 amend the Retirement and Social Security Law; 19 5665B, by Senator Saland, an act to 20 amend the Public Authorities Law; 21 5737, by Senator Libous, an act to 22 amend the Transportation Law; 23 6066A, by Senator Nozzolio, an act 24 to amend the General Municipal Law; 25 6117A, by Senator Marcellino, an

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(518) 371-8910 1 act to amend the Environmental Conservation 2 Law; 3 6142, by Senator Morahan, an act to 4 amend the Public Health Law; 5 6206, by Senator Robach, an act to 6 amend the Civil Service Law; 7 6223A, by Senator DeFrancisco, an 8 act authorizing the Town of Camillus; 9 6254A, by Senator Libous, an act to 10 amend the Vehicle and Traffic Law; 11 6262, by Senator Winner, an act to 12 amend the Alcoholic Beverage Control Law; 13 6264, by Senator LaValle, an act to 14 amend the Education Law; 15 6273, by Senator Bruno, an act to 16 authorize the City of Saratoga Springs; 17 6278A, by Senator Robach, an act to 18 amend the State Finance Law; 19 6286, by Senator Bruno, an act to 20 authorize the Town of Malta; 21 6298, by Senator Golden, an act to 22 amend the Executive Law and the Social 23 Services Law; 24 6306, by Senator DeFrancisco, an 25 act to amend the Civil Practice Law and Rules;

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(518) 371-8910 1 6313, by Senator Nozzolio, an act 2 to amend the Correction Law; 3 6328, by Senator Maziarz, an act to 4 amend Part B of Chapter 57 of the Laws of 5 2007; 6 6329, by the Senate Committee on 7 Rules, an act to authorize the Town of Malta; 8 6332, by Senator Larkin, an act to 9 amend the Penal Law; 10 6341, by Senator Fuschillo, an act 11 making an appropriation; 12 6345, by Senator Fuschillo, an act 13 to amend Chapter 33 of the Laws of 2002; 14 6351, by Senator Robach, an act to 15 amend the Real Property Law; 16 6352, by Senator Lanza, an act to 17 amend the Correction Law; 18 6355, by Senator Lanza, an act to 19 amend the Civil Practice Law and Rules; 20 6375, by Senator Winner, an act to 21 amend a chapter of the Laws of 2007; 22 And Senate Print 6376, by Senator 23 Golden, an act to amend the Retirement and 24 Social Security Law and others. 25 All bills ordered direct to third

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(518) 371-8910 1 reading. 2 ACTING PRESIDENT WINNER: Senator 3 LaValle. 4 SENATOR LaVALLE: Mr. President, 5 I move to accept the report of the Rules 6 Committee. 7 ACTING PRESIDENT WINNER: All 8 those in favor of accepting the report of the 9 Rules Committee signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT WINNER: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT WINNER: The 15 Rules Committee report is accepted. 16 SENATOR LaVALLE: Mr. President, 17 we will stand at ease so the bills can be put 18 on the desks. 19 ACTING PRESIDENT WINNER: The 20 Senate will stand at ease. 21 (Whereupon, the Senate stood at 22 ease at 5:20 p.m.) 23 (Whereupon, the Senate reconvened 24 at 5:41 p.m.) 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 house will come to order. 2 Senator LaValle. 3 SENATOR LaVALLE: Mr. President, 4 may we please have the noncontroversial 5 reading of Supplemental Calendar 64C. 6 ACTING PRESIDENT WINNER: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1919, by Senator Alesi, Senate Print 260A, an 10 act to amend the Tax Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 4. 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: Senator 19 Krueger, to explain her vote. 20 SENATOR LIZ KRUEGER: Thank you, 21 Mr. President. Just very briefly. 22 You know, it is an important bill. 23 It helps small businesses, it helps 24 middle-income people, it deals with the 25 question of brackets in taxation that we

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(518) 371-8910 1 haven't adjusted for in over 16 years. 2 But I do, while I'm voting for the 3 bill, just want to say for the record it will 4 cost the State of New York $192 million on an 5 annual basis. This is the kind of bill we 6 should be dealing with in the context of the 7 state budget, not as a freestanding bill a day 8 before we leave for the year. 9 So I suspect, because it has no 10 same-as, this is just a one-house bill to say 11 we tried to do the right thing. But in fact 12 the right time to try to do the right thing is 13 in the context of the overall budget. 14 And yet again, I urge my colleagues 15 could we please do a full evaluation of the 16 inequity of our tax policies for individuals 17 and for businesses, because we will find an 18 enormous amount of work to be done if we go 19 down that road. 20 Thank you, Mr. President. I vote 21 aye. 22 ACTING PRESIDENT WINNER: The 23 Secretary will announce the results. 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1957, by Senator Alesi, Senate Print 295, an 4 act to amend the Public Health Law. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1958, Senator Maziarz moves to 17 discharge, from the Committee on Finance, 18 Assembly Bill Number 897 and substitute it for 19 the identical Senate Bill Number 522, Third 20 Reading Calendar 1958. 21 ACTING PRESIDENT WINNER: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1958, by Member of the Assembly Englebright,

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(518) 371-8910 1 Assembly Print Number 897, an act to amend the 2 Elder Law. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1960, Senator Volker moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 735 and substitute it for 17 the identical Senate Bill Number 859, Third 18 Reading Calendar 1960. 19 ACTING PRESIDENT WINNER: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1960, by Member of the Assembly DelMonte, 24 Assembly Print Number 735, an act to amend the 25 Environmental Conservation Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 120th day. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1961, Senator Maziarz moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 1398B and substitute it 15 for the identical Senate Bill Number 1573A, 16 Third Reading Calendar 1961. 17 ACTING PRESIDENT WINNER: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1961, by Member of the Assembly Brodsky, 22 Assembly Print Number 1398B, an act to amend 23 the Public Authorities Law. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect on the first of July. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1963, by Senator Seward, Senate Print 3019A, 11 an act to amend the Insurance Law and the 12 State Finance Law. 13 ACTING PRESIDENT WINNER: May we 14 have some order in the chamber, please. 15 Read 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 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1964, Senator Breslin moves to

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(518) 371-8910 1 discharge, from the Committee on 2 Investigations and Government Operations, 3 Assembly Bill Number 5988 and substitute it 4 for the identical Senate Bill Number 3204, 5 Third Reading Calendar 1964. 6 ACTING PRESIDENT WINNER: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1964, by Member of the Assembly McEneny, 11 Assembly Print Number 5988, an act to amend 12 the Tax Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1965, by Senator Maziarz, Senate Print 3247A, 25 an act to amend the Vehicle and Traffic Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1966, Senator Bonacic moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 8799 and substitute it 15 for the identical Senate Bill Number 3965A, 16 Third Reading Calendar 1966. 17 ACTING PRESIDENT WINNER: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1966, by Member of the Assembly Lopez, 22 Assembly Print Number 8799, an act to amend 23 Chapter 915 of the Laws of 1982. 24 ACTING PRESIDENT WINNER: 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 WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1967, Senator Bonacic moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 8800 and substitute it 13 for the identical Senate Bill Number 3980A, 14 Third Reading Calendar 1967. 15 ACTING PRESIDENT WINNER: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1967, by Member of the Assembly Young, 20 Assembly Print Number 8800, an act to amend 21 Chapter 555 of the Laws of 1989. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1968, by Senator Nozzolio, Senate Print 4041, 9 an act to amend the Executive Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 2. 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, 62. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1969, by Senator Flanagan, Senate Print 4112A, 22 an act to amend the Civil Service Law. 23 ACTING PRESIDENT WINNER: 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 WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1971, by Senator Leibell, Senate Print 4700, 10 an act to amend the Not-For-Profit Corporation 11 Law. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect April 1, 2008. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1972, by Senator Young, Senate Print 4905A, an 24 act to authorize the County of Allegany. 25 ACTING PRESIDENT WINNER: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 4. 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, 62. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1973, Senator Nozzolio moves 13 to discharge, from the Committee on Social 14 Services, Children and Families, Assembly Bill 15 Number 4707 and substitute it for the 16 identical Senate Bill Number 5001, Third 17 Reading Calendar 1973. 18 ACTING PRESIDENT WINNER: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1973, by Member of the Assembly Destito, 23 Assembly Print Number 4707, an act to amend 24 the Social Services Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1975, by Senator Marcellino, Senate Print 12 5442A, an act to amend the Energy Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 180th day. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1978, Senator Saland moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 8664A and substitute it 2 for the identical Senate Bill Number 5665B, 3 Third Reading Calendar 1978. 4 ACTING PRESIDENT WINNER: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1978, by Member of the Assembly Canestrari, 9 Assembly Print Number 8664A, an act to amend 10 the Public Authorities 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 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1979, Senator Libous moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 8315 and substitute it 25 for the identical Senate Bill Number 5737,

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(518) 371-8910 1 Third Reading Calendar 1979. 2 ACTING PRESIDENT WINNER: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1979, by Member of the Assembly Gantt, 7 Assembly Print Number 8315, an act to amend 8 the Transportation Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1981, by Senator Marcellino, Senate Print 21 6117A, an act to amend the Environmental 22 Conservation Law. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 120th day. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1982, Senator Morahan moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 8631 and substitute it 12 for the identical Senate Bill Number 6142, 13 Third Reading Calendar 1982. 14 ACTING PRESIDENT WINNER: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1982, by Member of the Assembly Jaffee, 19 Assembly Print Number 8631, an act to amend 20 the Public Health Law. 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, 62. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1983, Senator Robach moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 5862 and substitute it 10 for the identical Senate Bill Number 6206, 11 Third Reading Calendar 1983. 12 ACTING PRESIDENT WINNER: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1983, by Member of the Assembly Abbate, 17 Assembly Print Number 5862, an act to amend 18 the Civil Service 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, 62. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1987, by Senator LaValle, Senate Print 6264, 6 an act to amend the Education Law. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 4. 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: Senator 15 LaValle, to explain his vote. 16 SENATOR LaVALLE: Thank you, 17 Mr. President. 18 In response to the tragedy at 19 Virginia Tech, the Higher Education Committee 20 had two hearings, trying a fashion a 21 comprehensive campus security plan. We were 22 joined by Chairman Morahan, chairman of Mental 23 Health; Chairman Volker, chairman of the Codes 24 Committee; Chairman Leibell, chairman of 25 Homeland Security; Chairman Nozzolio, chairman

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(518) 371-8910 1 of Crime Victims and Corrections. 2 And in that hearing we had a broad 3 range of testimony. And the one thing that 4 kept coming up over and over again is that one 5 size does not fit all. 6 And so the legislation that we have 7 before us is fashioned to give basic standards 8 that each college has to implement. But we 9 are not overly prescriptive in our 10 recommendations. 11 But they must establish a 12 relationship with local enforcement agencies 13 and have coordination with the local law 14 enforcement agencies and emergency service and 15 medical personnel agencies; the use of various 16 communications and monitoring and sensor 17 technologies in order to maintain safety. 18 Ability to communicate on campus, and we 19 learned that from Virginia Tech. And we want 20 to establish various pilot programs to see 21 what works best. 22 And we want to make sure -- in the 23 first hearing there was a great deal of 24 testimony on are we providing enough in terms 25 of mental health services on our campuses, do

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(518) 371-8910 1 we have mechanisms in place to properly 2 identify students that have problems. 3 And so each campus, under this 4 legislation, will implement a protocol for 5 reporting of instances where there is a 6 concern regarding the mental health of a 7 student and various protocols that we hope 8 will be instituted. 9 We believe that this is a great 10 first beginning. And it is important that we 11 pass legislation so that our campuses will be 12 doing all that they can do to protect life on 13 the campus, whether it be students, faculty or 14 staff. 15 And we have appropriations in the 16 bill for both City University and State 17 University. 18 I vote in the affirmative, 19 Mr. President. 20 ACTING PRESIDENT WINNER: Thank 21 you, Senator LaValle. 22 Senator LaValle will be recorded in 23 the affirmative. 24 Senator Stavisky, to explain her 25 vote.

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(518) 371-8910 1 SENATOR STAVISKY: To explain my 2 vote, Mr. President. 3 I think this is a very good first 4 step, and I'm delighted to support this 5 legislation. 6 The hearings -- and I attended all 7 of the hearings. And Senator Adams and I met 8 with large numbers of folks. And I came away 9 with the feeling that there are really two 10 separate problems here. One deals with campus 11 security, and the other deals with the mental 12 health issues of the students on campus. And 13 I think this legislation is a good attempt to 14 combine both issues into a good first start. 15 The testimony at the hearings 16 indicated that there should be one counselor 17 for every 1500 students. Unfortunately, this 18 is a very expensive proposition. And I 19 believe Chancellor Ryan testified that the 20 cost would be somewhere in excess of 21 $10 million to implement at the SUNY campuses. 22 This $7 million appropriation I 23 think is a good first step. I hope that there 24 is going to be some funding for it, if not 25 this year, then next year.

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(518) 371-8910 1 And we've got to pay more attention 2 because situations such as Virginia Tech can 3 often be avoided with proper mental health 4 counseling and with mental health services, 5 which are often severely underappreciated at 6 many of the colleges and universities 7 throughout our state. 8 I vote aye, Mr. President. 9 ACTING PRESIDENT WINNER: Senator 10 Stavisky will be recorded in the affirmative. 11 Senator Morahan, to explain his 12 vote. 13 SENATOR MORAHAN: Thank you, 14 Mr. President. 15 I rise in support of this bill, and 16 I want to congratulate Senator LaValle for 17 heading up the hearings. They truly were very 18 informative. 19 And as Senator Stavisky correctly 20 pointed out, a good portion of the testimony 21 dealt with mental health issues, the strain 22 and stress of children being away from home 23 for the first time and those sorts of things. 24 I would just like to inform the 25 Senate and my colleagues that in the last

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(518) 371-8910 1 budget that we adopted March 31st, there was 2 an appropriation in that bill to develop a 3 pilot program operated by NYU and Nathan Kline 4 Institute in Orangetown in Rockland County 5 that will, in the Hudson Valley for a start, 6 institute a program prior to when children or 7 young people go to college. It will be a 8 mental health program, stress dealing with 9 parents and socializing and all those things 10 that really give great difficulty, and the 11 emphasis on achievement and those sorts of 12 things that creates a very stressful 13 environment for our young people. 14 So in addition to what we've done 15 under Senator LaValle's guidance, that is also 16 there. And hopefully we'll get a good report 17 on that pilot program and see what we can do 18 about doing it statewide next year. 19 Thank you, Mr. Chairman. I vote 20 yes. 21 ACTING PRESIDENT WINNER: Senator 22 Morahan will be recorded in the affirmative. 23 The Secretary will announce the 24 results. 25 THE SECRETARY: Ayes, 62. Nays,

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(518) 371-8910 1 0. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1988, by Senator Bruno, Senate Print 6273, an 6 act to authorize the City of Saratoga Springs. 7 ACTING PRESIDENT WINNER: There 8 is a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1990, by Senator Bruno, Senate Print 6286, an 20 act to authorize the Town of Malta. 21 ACTING PRESIDENT WINNER: 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 WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1991, by Senator Golden, Senate Print 6298, an 9 act to amend the Executive Law and the Social 10 Services Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1992, by Senator DeFrancisco, Senate Print 23 6306, an act to amend the Civil Practice Law 24 and Rules. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT WINNER: Senator 8 Seward. 9 SENATOR SEWARD: Mr. President, 10 to explain my vote. 11 I have some concerns with this 12 legislation. First off, the declaratory 13 judgment portion of the bill I fear would add 14 litigation and claim costs which will 15 unnecessarily increase insurance premiums in 16 New York State. 17 And also the provisions that would 18 allow insureds to still be covered if they 19 file a late notice of claim with the insurer, 20 unless the insurer can show material 21 prejudice, will result in insurers having to 22 pay claims on some claims that are so old that 23 the evidence may be very stale and it may be 24 difficult to defend those cases, resulting 25 also in possibly increased premiums.

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(518) 371-8910 1 And finally, the immediate 2 effective date in the legislation is 3 problematic and unreasonable. It does not 4 give the insurers necessary time to prepare 5 for what is a major change in the law that's 6 being proposed. 7 For those reasons, I vote in the 8 negative. 9 ACTING PRESIDENT WINNER: Senator 10 Seward will be recorded in the negative. 11 Senator Saland. 12 SENATOR SALAND: Thank you, 13 Mr. President. 14 I too rise to cast my vote in the 15 negative. While I would identify with the 16 remarks of Senator Seward, I certainly do 17 believe the notice of claim procedure is one 18 that could stand modification. But this one, 19 this particular bill tilts it dramatically to 20 the other extreme. 21 And I suspect many of your local 22 governments, local municipalities, and any 23 entity against whom a note of claim would be 24 filed -- and we are talking disproportionately 25 one or another government -- would be I think

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(518) 371-8910 1 greatly impaired. And it certainly would 2 result, I think, in a considerable flood of 3 litigation. 4 And for that reason, Mr. President, 5 I vote in the negative. 6 ACTING PRESIDENT WINNER: Senator 7 Saland will be recorded in the negative. 8 Senator DeFrancisco, to explain his 9 vote. 10 SENATOR DeFRANCISCO: In 11 balancing any piece of legislation, there's 12 always points of view to one side or the 13 other. But my balance always leans toward the 14 side of the consumer who actually pays 15 premiums for insurance policies. 16 And if you pay a premium on an 17 insurance policy, this consumer bill would say 18 that if you happen to be a little bit late or 19 late and the insurance company is not 20 prejudiced as a result of you being late, you 21 have to pay. I mean, I think that's pretty 22 logical. Obviously in you're late in 23 providing notice and you prejudice the carrier 24 so they can't do an adequate examination to 25 find out the facts, well, the prejudice

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(518) 371-8910 1 should -- you should lose your claim, your 2 ability to use your insurance. 3 But if they're not prejudiced, why 4 not? Why not allow people to get the coverage 5 of the insurance policy that the insurance 6 companies have gladly taken the premiums for. 7 Secondly, the declaratory judgment 8 action is pretty simple. All it says is that 9 in the event that you want to find out the 10 coverage of an individual who is a potential 11 defendant, you could bring an action in court 12 to find out if they have insurance and the 13 extent that that insurance covers the claim. 14 Normally that is provided 15 voluntarily in the litigation process. But if 16 it's not, why shouldn't you be able to find 17 out the insurance coverage that's available? 18 So it's a great consumer bill. And 19 as you balance the various respective 20 interests, I balance my interest in favor of 21 the consumer. 22 ACTING PRESIDENT WINNER: Senator 23 DeFrancisco will be recorded in the 24 affirmative. 25 Senator Schneiderman, to explain

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(518) 371-8910 1 his vote. 2 SENATOR SCHNEIDERMAN: Mr. 3 President, to explain my vote. 4 You know, it's interesting when 5 you -- a recent survey of business owners in 6 New York State revealed that the number-one 7 issue that they complained about was not high 8 taxes, overregulation, qualified workforce. 9 It was insurance rates. 10 One of the things we have a crisis 11 of untold proportions on in New York State 12 that we haven't addressed is the need to do 13 something about our insurance industry. Rates 14 go up when payouts go up, but when payouts go 15 down, rates don't seem to come down. 16 This is a great, common sense, 17 pro-consumer bill to simplify the process of 18 making a claim against an insurance company to 19 ensure that they don't go through very 20 technical loopholes when dealing with people 21 who have to have insurance and don't have the 22 expertise available to them to maybe read 23 every part of every policy as carefully as 24 they should. 25 This is pro-consumer. This is

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(518) 371-8910 1 pro-business. This is a good bill. And I'd 2 like to commend the sponsor, Senator 3 DeFrancisco, and of course Senators Golden, 4 Maltese and the other sponsors, Messrs. 5 DeSantis and Riddett, for a fine piece of 6 legislation. 7 ACTING PRESIDENT WINNER: Senator 8 Schneiderman will be recorded in the 9 affirmative. 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1992 are 13 Senators Griffo, Larkin, Saland, Seward, 14 Winner and Wright. 15 Ayes, 56. Nays, 6. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 2003, Senator Golden moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 8470 and substitute it 22 for the identical Senate Bill Number 6376, 23 Third Reading Calendar 2003. 24 ACTING PRESIDENT WINNER: 25 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 2003, by Member of the Assembly Abbate, 4 Assembly Print Number 8470, an act to amend 5 the Retirement and Social Security Law. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 22. This 9 act shall take effect at the beginning of the 10 first payroll period. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 Senator Skelos, that completes the 18 reading of the noncontroversial Calendar 64C. 19 SENATOR SKELOS: Thank you, 20 Mr. President. 21 If we could go to the regular 22 Calendar Number 64 and take up Calendar 1346. 23 ACTING PRESIDENT WINNER: The 24 Secretary will read. 25 Senator Skelos, is this the

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(518) 371-8910 1 controversial calendar? 2 SENATOR SKELOS: It's on the 3 regular calendar. 4 ACTING PRESIDENT WINNER: Taken 5 up on a noncontroversial basis? 6 SENATOR SKELOS: 7 Noncontroversial. 8 ACTING PRESIDENT WINNER: Thank 9 you. 10 THE SECRETARY: Calendar Number 11 1346, by Senator Nozzolio, Senate Print 333B, 12 an act to amend the Correction Law and the 13 Mental Hygiene Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 8. This 17 act shall take effect 18 months after it shall 18 have become a law. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Would you please 2 call up Calendar Number 1753, noncontroversial 3 also. 4 ACTING PRESIDENT WINNER: The 5 Secretary will read. 6 THE SECRETARY: In relation to 7 Calendar Number 1753, Senator Maziarz moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 248B and substitute it 10 for the identical Senate Bill Number 5862, 11 Third Reading Calendar 1753. 12 ACTING PRESIDENT WINNER: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1753, by Member of the Assembly DelMonte, 17 Assembly Print Number 248B, an act to amend 18 the Environmental Conservation 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, 62. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 on Senate Calendar 64C I'd like to move to 7 reconsider the vote by which Calendar Number 8 1972, Senate 4905A, passed. 9 ACTING PRESIDENT WINNER: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 1972, by Senator Young, Senate Print 4905A, an 13 act to authorize. 14 ACTING PRESIDENT WINNER: Call 15 the roll on reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 SENATOR SKELOS: Would you lay 19 the bill aside for the day. 20 ACTING PRESIDENT WINNER: The 21 bill is laid aside for the day. 22 SENATOR SKELOS: Mr. President. 23 ACTING PRESIDENT WINNER: Senator 24 Skelos. 25 SENATOR SKELOS: On Calendar

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(518) 371-8910 1 Number 64B, could we please take up Calendar 2 1942, controversial. 3 ACTING PRESIDENT WINNER: The 4 Secretary will ring the bell. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1942, by Senator Skelos, Senate Print -- 8 SENATOR LIZ KRUEGER: 9 Explanation. 10 ACTING PRESIDENT WINNER: Senator 11 Skelos, an explanation is asked for. 12 SENATOR SKELOS: Thank you, 13 Mr. President. 14 This legislation codifies portions 15 of existing state regulations requiring all 16 food stamp beneficiaries to participate in the 17 state finger imaging identification system, as 18 it states, for the purpose of preventing the 19 receipt of duplicate food stamp benefits. 20 In March the Spitzer administration 21 announced its intention to rescind this 22 requirement for working-families food stamp 23 recipients. This is approximately 20 to 30 24 percent of all food stamp recipients. 25 This antifraud requirement was

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(518) 371-8910 1 established pursuant to a bipartisan welfare 2 reform effort in Albany and Washington. And 3 in fact, a recent New York Post editorial 4 praised both then-President Clinton and former 5 Mayor Rudy Giuliani for their great efforts in 6 a bipartisan way. 7 Really, in my opinion, the Governor 8 is attempting to roll back welfare reform. 9 Every person who is eligible for food stamps, 10 Medicaid, et cetera, should receive the help 11 to which they're entitled. However, the state 12 does have an important responsibility to keep 13 the program accountable and to fight fraud. 14 Welfare reform has worked. The 15 city and the counties are already performing 16 the finger imaging, so there's no added burden 17 to our local governments. And this 18 legislation does not affect eligibility, 19 resource limitations, or outreach to 20 underserved populations. 21 ACTING PRESIDENT WINNER: Senator 22 Krueger. 23 SENATOR LIZ KRUEGER: Thank you, 24 Mr. President. If the sponsor would please 25 yield.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Skelos, do you yield to Senator Krueger? 3 SENATOR SKELOS: Yes, 4 Mr. President. 5 SENATOR LIZ KRUEGER: Thank you. 6 Well, your explanation of the facts 7 that we've had this program in place are of 8 course correct. But my question to you, is 9 there any evidence that this has actually been 10 an effective fraud deterrent model? 11 SENATOR SKELOS: Could you repeat 12 that, please? 13 SENATOR LIZ KRUEGER: Certainly. 14 Through you, Mr. President. Do you have any 15 data that shows that finger imaging applicants 16 for food stamps has actually been any type of 17 effective antifraud model? 18 SENATOR SKELOS: I don't have 19 specific data. 20 But certainly since President 21 Clinton worked in Washington for welfare 22 reform, Mayor Giuliani did it in New York 23 City, we've seen the rolls come down 24 dramatically. So I believe, personally, it 25 has been working.

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(518) 371-8910 1 Do you have any information that 2 shows it has not been working? 3 SENATOR LIZ KRUEGER: If the 4 sponsor is asking me a question, 5 Mr. President. 6 ACTING PRESIDENT WINNER: I think 7 that was rhetorical, Senator. 8 SENATOR SKELOS: I withdraw that 9 part of the question. 10 (Laughter.) 11 SENATOR LIZ KRUEGER: Mr. 12 President, if through you the sponsor would 13 continue to yield. 14 ACTING PRESIDENT WINNER: Senator 15 Skelos, do you yield? 16 SENATOR SKELOS: Yes, 17 Mr. President. 18 SENATOR LIZ KRUEGER: Thank you. 19 You explained that your bill would 20 continue the program. But my reading of the 21 bill is it would expand it to every member of 22 a food stamp household. Current law is that 23 only the head of household making the 24 application is finger-imaged. 25 SENATOR SKELOS: It would cover

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(518) 371-8910 1 all individuals that are presently required to 2 be finger-imaged under existing state 3 regulations. 4 SENATOR LIZ KRUEGER: Again, 5 Mr. President, if through you the sponsor 6 would yield. 7 ACTING PRESIDENT WINNER: Senator 8 Skelos, do you yield? 9 SENATOR SKELOS: It would be all 10 adults. 11 SENATOR LIZ KRUEGER: It would be 12 all adults. Thank you. 13 Mr. President, if the sponsor would 14 continue to yield. 15 ACTING PRESIDENT WINNER: Senator 16 Skelos, do you yield? 17 SENATOR SKELOS: Yes, I do. 18 SENATOR LIZ KRUEGER: Thank you. 19 Mr. Sponsor, you explained that 20 this grew out of welfare reform. And you 21 talked about a reduction in caseload in the 22 State of New York since then. 23 Again, this bill would be unique to 24 food stamp recipients who are not receiving 25 public assistance or welfare, because that law

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(518) 371-8910 1 would stay in -- so the law would stay in 2 place. The Governor has not proposed removing 3 the finger-imaging requirement for public 4 assistance households, only for food stamp 5 households of working and elderly and disabled 6 and non-public assistance. 7 So again, this would not be 8 undoing, whether we agree or don't agree, on 9 the welfare side of the debate and be 10 specifically what we refer to as the 11 non-welfare food stamp households. Is that 12 your understanding of your bill? 13 SENATOR SKELOS: I believe I 14 agree with you. 15 SENATOR LIZ KRUEGER: Thank you. 16 Oh, a change in Mr. President. 17 Hello, new Mr. President. If the sponsor, 18 would through, would continue to yield. 19 ACTING PRESIDENT GRIFFO: Senator 20 Skelos, do you continue to yield? 21 SENATOR SKELOS: I'd be delighted 22 to. 23 ACTING PRESIDENT GRIFFO: Senator 24 Krueger. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 Thank you, Mr. President. 2 And so you made a statement that we 3 reduced the caseload, and it may or may not 4 have had a relationship to finger-imaging. Is 5 the purpose of your bill to further reduce the 6 caseload of people receiving food stamps? 7 SENATOR SKELOS: The purpose of 8 the bill is to prevent fraud and abuse of the 9 system. 10 And as I said, we have found, 11 through the efforts of former President 12 Clinton, former Mayor Giuliani, with the 13 reforms that were enacted, that it's worked 14 preventing fraud. And we want to make sure 15 that people that are entitled to food stamps 16 are entitled to those benefits, but that it's 17 not abused by those who are not entitled to 18 them. 19 SENATOR LIZ KRUEGER: Thank you, 20 Mr. President. On the bill. 21 ACTING PRESIDENT GRIFFO: Senator 22 Krueger, on the bill. 23 SENATOR LIZ KRUEGER: Thank you. 24 I appreciate the sponsor's 25 comments. None of us want fraud in any

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(518) 371-8910 1 government program. Whether it's food stamps 2 or taxation or subsidies from the government 3 or healthcare or Empire Zones, no one wants 4 fraud in any government program. 5 Now, the truth is we have an 6 enormous infrastructure in place to prevent 7 people from committing fraud in the food stamp 8 program. I would argue that when we decided 9 to finger-image people for the food stamp 10 program back in the '90s, we took a step too 11 far. 12 Because it's a program -- excuse 13 me, it's a component of the program that is 14 costing the State of New York money, is 15 requiring the counties to continue to operate 16 a system that the data shows has not actually 17 caught people in fraud. 18 There are many ways to catch people 19 in fraud in any government benefit program. 20 And, frankly, the programs for low-income 21 people have the disproportionately largest 22 amount of antifraud efforts going on. So we 23 do computer matches of at least 65 different 24 programs for people who are applying for food 25 stamps. We do interviews. We do

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(518) 371-8910 1 cross-references of their documentation. We 2 computer cross-check with other states as well 3 as throughout the counties of New York State. 4 The federal government, the GAO, in 5 2007 actually released a study saying that 6 they could find -- excuse me, let me read it 7 correctly. A May 2007 report by the U.S. 8 General Accounting Office found that USDA's 9 comment that the agency has not concluded that 10 finger-imaging enhances program integrity and 11 that it may have a negative effect on program 12 access. 13 The Urban Institute study found 14 that finger imaging is deterring a 15 approximately 4.3 percent of eligible people, 16 equalling one in 21 people, from applying for 17 food stamps. And yet any tracking of 18 finger-imaging fraud detection in this country 19 has found a match of possibly one match in 20 5,000 cases. So finger imaging, one match in 21 5,000 cases. Deterrence of eligible people to 22 participate, 4.3 percent, or one in 21 23 eligible people. 24 And of course the other reality, 25 even in that one in 5,000, is there's no data

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(518) 371-8910 1 that shows we wouldn't have caught that one in 2 5,000 through the 62 other kinds of matches 3 and cross-checks we do. 4 And yet we have a system where 5 we're discouraging people, we're stigmatizing 6 them, we're making them go to an additional 7 location. Now, under this bill, not just the 8 head of household making the application but 9 every adult 18 and older would have to be 10 brought down to be finger-imaged. And if just 11 one person in that household didn't show up or 12 agree to participate, the entire household 13 would lose their right to food stamps. 14 Because in food stamp law, if one 15 person doesn't show up who's part of your 16 defined household, the rest of the household 17 can't get food stamps without them, no one can 18 get food stamps. 19 So I think this has been a mistake 20 up until now, and the data has shown that we 21 don't need it. 22 The Governor in my opinion was 23 correct to say let's end food stamp finger 24 imaging for non-public assistance households. 25 The federal government seems to agree it's not

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(518) 371-8910 1 a program we need. And 46 out of 50 states 2 don't finger-image applicants for food stamps. 3 Forty-six out of 50 states are not 4 finger-imaging people applying for food 5 stamps. 6 And the reason we should care so 7 many is because food stamps is the most 8 effective antihunger program we have in this 9 country. It's a hundred percent funded by the 10 federal government. We still have an 11 estimated -- I'm just going to get the newest 12 estimate, because we keep reducing our 13 numbers. We have approximately 1.7 million 14 New Yorkers receiving food stamp benefits, 15 with an estimated participation rate of those 16 eligible just 53 percent. Which means we have 17 1.5 million New Yorkers who are eligible but 18 not participating in the food stamp program. 19 So for me, I believe the goal is to 20 increase access to the food stamp program, 21 encourage people to participate, destigmatize 22 the program, don't drown everyone in so many 23 steps to making application that we continue 24 to make it harder and harder and harder for 25 people to apply.

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(518) 371-8910 1 While it's true that the 2 president's Welfare Reform Act of 1996 and 3 Mayor Giuliani's policies translated in my 4 city, New York City, into a reduction of 5 500,000 households receiving food stamps 6 during that time period, what we saw was an 7 explosion in hunger, a growth in demand for 8 emergency food providers, pantries and soup 9 kitchens, senior citizens digging through 10 garbage at the back of supermarkets looking 11 for food, daycare centers starting to send 12 their children home with emergency food 13 packages over the weekend because they knew 14 there was no food at home and the household 15 wasn't receiving food stamps even though they 16 were income-eligible. 17 I believe that it is a terrible 18 mistake for us to reverse path now and try to 19 make it tougher for people to participate in 20 the program when the goal should be to 21 increase participation in the program. It's a 22 win for hungry people in the state. It's a 23 win for the nutritional impacts and the health 24 impacts for children and the elderly to be 25 able to receive adequate nutrition. It's a

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(518) 371-8910 1 decrease in our healthcare costs. It is an 2 incentive to help people who are working but 3 are at the bottom of the income ladder to be 4 able to immediate meet their basic needs while 5 going to their jobs and trying to earn a 6 living for themselves. 7 It's also an economic development 8 program for the State of New York. We talk a 9 lot about economic development. We talk a lot 10 about trying to move money into our poor 11 communities, whether they're distressed 12 upstate communities or inner city communities. 13 I would argue to this house that the food 14 stamp program is the most effective 15 economic-development targeted program we could 16 expand. 17 First off, we don't pay for it. 18 The federal government pays a hundred percent 19 of the benefits. Second, what can you do with 20 food stamps? There's only one thing you can 21 do: go to a food store in your local 22 neighborhood and buy food. That increases 23 jobs in food stores in poor communities, it 24 increases money available to buy New York 25 State agriculture through our stores and our

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(518) 371-8910 1 farmer's markets and our other programs. It 2 increases jobs in poor communities. And it 3 moves money into our economy from the federal 4 government. 5 We all talk about that we get short 6 shrift from the federal government, whether 7 we're talking upstate or downstate, rural New 8 York or urban New York. The food stamp 9 program, the fact that we have 1.5 million 10 New Yorkers who are legally eligible but not 11 participating, means that we are losing 12 hundreds of millions of dollars a year that 13 could be going into our local economies and 14 feeding hungry New Yorkers. 15 And frankly, we should be proactive 16 at every level about expanding participation, 17 about encouraging people to apply, about 18 destigmatizing the program. The people who 19 don't participate but are eligible are the 20 elderly and disabled and working families. 21 Those are the people who are most in need of 22 our help, who are following all the rules, who 23 are trying to do everything right and are 24 still finding themselves unable to meet their 25 needs for food.

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(518) 371-8910 1 The food stamp program is the 2 program we should be running around in every 3 one of our districts encouraging people to 4 apply for, not continually stigmatizing them 5 and making it more difficult. 6 So I agree with Senator Skelos, the 7 sponsor, we do not want fraud in the food 8 stamp program or any other program. But we 9 already have proven we don't need this 10 program. We don't need finger-imaging of the 11 head of household, and we certainly don't need 12 to expand this to every member of the 13 household. We will see a further reduction in 14 people applying for the program. It's going 15 in the wrong direction. 16 I urge all of my colleagues to join 17 me in voting no on this bill. And for those 18 of you who wonder why I seem to know so much 19 about the food stamp program, before I became 20 a New York State Senator I spent twenty years 21 of my life working in antihunger programs and 22 working as an advocate and a monitor of the 23 federal food stamp program in New York City. 24 And it is critical for us to encourage 25 participation, not go further down the road of

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(518) 371-8910 1 discouraging participation. 2 Thank you, Mr. President. I vote 3 no. 4 ACTING PRESIDENT GRIFFO: Senator 5 Hassell-Thompson. 6 SENATOR HASSELL-THOMPSON: Thank 7 you, Mr. President. 8 I heard Senator Skelos ask a 9 rhetorical question, and then he withdrew it. 10 But I would really like to answer that 11 rhetorical question. 12 The New York City Coalition Against 13 Hunger reports that even the Bush 14 administration admits that there is no 15 evidence that finger-imaging significantly 16 reduces fraud in the food stamp program. 17 Rather, there is ample evidence that 18 finger-imaging applicants makes it more 19 difficult for families, particularly working 20 families, to access this vital benefit. 21 You just heard Senator Liz Krueger 22 elaborate on generally, but let me give you 23 some specific numbers. Nationally half of the 24 participants in the food stamp program are 25 children, and the percentage in New York State

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(518) 371-8910 1 is similar. That means that more than 700,000 2 children in the State of New York are eligible 3 for benefits but do not currently receive 4 them. And it causes New York State to lose 5 more than $900 million annually in food 6 nutrition benefits. 7 We have seen one estimate that 8 finger-imaging detects fraud. And here's part 9 of the answer to your question, Senator 10 Skelos. That in the fraud detection, one in 11 5,000. And yet when we do the eligibility by 12 attempting to increase the numbers of people 13 who are finger-imaged, one in 21 that are 14 eligible never apply. 15 Thus, in order to prevent this one 16 in 5,000 people from perpetrating fraud, we 17 prevent one in 21 from getting help to feed 18 families. 19 Not only that, there is no proof 20 that the one in 5,000 fraudulent cases 21 discovered could not have been discovered by 22 the government through other existing means 23 such as pure computer matches. 24 A report that was commissioned by 25 OTDA in 1990 found no proof that

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(518) 371-8910 1 finger-imaging reduced fraud significantly, 2 and that the agency then refused to release 3 the report to the public. 4 More recently, a 2007 report by the 5 U.S. General Accounting Office found that USDA 6 official comment that the agency has not 7 concluded that finger-imaging enhances program 8 integrity and that it may have a negative 9 impact on program access. 10 Those of us who talk about hunger 11 in the State of New York have a great concern 12 that we do not create barriers that will keep 13 people from accessing food stamps and have the 14 ability to feed families. We talk on this 15 floor about the issues of mental health. When 16 it comes to our eating habits, we've been 17 talking extensively this year about our safe 18 schools in terms of our health, how do we 19 provide good healthy opportunities for our 20 children. 21 And yet we sit here and worry about 22 one in 5,000 detections of fraud and inhibit 23 thousands of families from accessing food 24 programs detrimental and needy for them. And 25 we are not concerned that we are losing

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(518) 371-8910 1 $900 million worth of benefits to this state. 2 So, Mr. President, I will be voting 3 no. And I would encourage my colleagues to 4 read whatever material that they have on their 5 desks in opposition, because I think that one 6 in 5,000 is not nearly enough of a risk for us 7 to be deterring good healthy habits in food 8 and nutrition in the State of New York. 9 I thank you. 10 ACTING PRESIDENT GRIFFO: Senator 11 Sabini. 12 SENATOR SABINI: Thank you, 13 Mr. President. On the bill. 14 ACTING PRESIDENT GRIFFO: On the 15 bill. 16 SENATOR SABINI: The sponsor is 17 correct in citing the drop in the number of 18 people on public assistance in our state as a 19 result of actions by the Clinton 20 administration and downstate by the Giuliani 21 administration. He's a hundred percent 22 correct. 23 And lots of people in my party 24 don't like to admit the facts, and the facts 25 are that those people didn't just disappear.

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(518) 371-8910 1 The suspicion by most smart people in our 2 state that have studied this issue know that 3 those are people that were probably drawing 4 checks in New Jersey or Pennsylvania or 5 double-dipping or working in another state and 6 drawing welfare here under a different address 7 or working off the books in jobs in family 8 stores and still applying for welfare by not 9 showing income. 10 So he's right. But the timing is 11 wrong, and I think the focus is misplaced. 12 The people who were part of the fraud of food 13 stamps were the people who were ripping off 14 public assistance. They're gone. They're 15 gone. They're off public assistance. Or 16 they've admitted they moved to New Jersey or 17 they stopped applying for it. The rolls are 18 down. He's a hundred percent right. 19 And so the rolls of people on food 20 stamps went down a commensurate amount, 21 because those were the same bad actors. But 22 they're gone. So I think that the timing and 23 the sort of focus of this is a little 24 misplaced. 25 Now, I'm a history buff. And for

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(518) 371-8910 1 those who know the history of the food stamp 2 program, the sponsor of the food stamp program 3 in the United States Congress was that 4 notorious progressive radical Bob Dole, who 5 saw it as a way to have the American farmer 6 help solve the nutrition problems in our 7 country by getting food in people's mouth 8 mouths and, oh, by the way, a couple of 9 dollars in farmers' pockets. 10 It's not a coincidence that the 11 food stamp program is run not by the 12 Department of Health and Human Services, it's 13 run by the Department of Agriculture. It's a 14 nutrition program. That's why we established 15 it. 16 The Bush administration itself, as 17 was noted earlier, has said that they don't 18 think finger-imaging deters -- that there's a 19 lot of fraud in the food stamp program now. 20 Because if you're trying to rip off the food 21 stamp program now, you're ripping off bread 22 and milk, basically. And I've been around to 23 some of New York's neighborhoods; I haven't 24 seen anybody fencing bread lately or asking me 25 to buy gray market milk out of their trunk.

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(518) 371-8910 1 It's federal money. By using this 2 process, we'll be costing our taxpayers' money 3 by instituting it. We're not saving any 4 money, because any money -- if you believe 5 there's fraud, and I don't believe at this 6 point that there's a lot of fraud in the food 7 stamp program, it's federal money. You know, 8 people should not rip off the system, but I 9 just don't think they are. 10 And Senator Krueger is right, the 11 stigma that's attached to this -- and we've 12 all had this in our districts, where people 13 who are truly in need, people who we know who 14 have had problems in their lives will say: 15 I'm too proud to go on food stamps, I can't do 16 that, that's for other people. And they're 17 cheating themselves. And if it's a family, 18 they're cheating their children. 19 So I think this is kind of 20 misplaced and ill-timed. It might have flown 21 ten years ago. I don't see any need to move 22 forward with this. I think that we ought to 23 be trying to get people to participate in the 24 program who are eligible and find ways to 25 foster that.

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(518) 371-8910 1 I think unfortunately, in the city, 2 in what is otherwise a progressive mayoral 3 administration, they haven't done enough of 4 that in the city. I used to work -- like 5 Senator Krueger, I actually worked at a hunger 6 program as well. I worked for the late Harry 7 Chapin, who created World Hunger Year and was 8 considered a very important figure in Long 9 Island history. 10 And he was someone who was an 11 advocate of education, not just giving people 12 money, but educating people on how Americans 13 can change their lifestyles so that we can 14 feed the world. But he wasn't against food 15 stamps, because he understood that food stamps 16 were a bridge to get families, children 17 through their adolescence with nutritional 18 meals. It's a chance for people to get back 19 on their feet, and a chance to satisfy the 20 most basic of human activities. We all have 21 to eat. 22 So I don't frankly believe that 23 this is going in the right direction at all. 24 If we'd talked about this ten years ago, I 25 might have, because I think that it was

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(518) 371-8910 1 coupled with welfare fraud. I think that has 2 now been eradicated. The sponsor is right; 3 the numbers are way down. I don't think this 4 goes toward doing anything but further 5 stigmatizing the food stamp program. And I 6 think we really ought to think before doing 7 something like this. 8 I'll be voting no. Thank you. 9 ACTING PRESIDENT GRIFFO: Senator 10 Montgomery. 11 SENATOR MONTGOMERY: Yes, 12 Mr. President. I certainly appreciate my 13 colleagues' comments and the history lesson, 14 reminder about who actually was the author of 15 the food stamp program. 16 But I just want to share with you 17 to reinforce how difficult this issue is as it 18 relates to the stigma associated with it. One 19 of my son's friends, who was -- at that time 20 they were very young, maybe third or fourth 21 grade, and this youngster was on Sesame 22 Street, was one of the young stars on Sesame 23 Street, was asked to do a commercial for food 24 stamps. And he refused, because he did not 25 want to be associated with people who needed

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(518) 371-8910 1 food stamps. 2 So even at that early age, he was 3 very, very much affected by the stigma 4 associated with having to receive food stamps. 5 His family did not, but he was not willing to 6 advertise the program for other families. 7 So that's how people in my district 8 feel about it, and poor people feel, and 9 they've always felt, some of them. People who 10 cheat the system, that's another thing. But 11 for the most part, poor people are not proud 12 of having to receive handouts. And they 13 considers food stamps part of that process. 14 So I want to just let you know, 15 it's not a prideful thing. And people are not 16 happy that they have to receive food stamps. 17 And I also want to associate my 18 comments with the remarks made in relationship 19 to the origin and the rationale for the food 20 stamp program. It's related to the desire to 21 encourage and promote and support healthy -- 22 the consumption of healthy food even by poor 23 people. Access to quality food. 24 And also it's related to 25 stimulating the agricultural business. And I

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(518) 371-8910 1 think that is very noble, and we talk about 2 that, I certainly talk about it all of the 3 time. 4 I wish we would spend much more 5 time talking about ways in which we could, as 6 a legislative body, within our authority and 7 our power, somehow figure out ways to get the 8 products that farmers produce in our state, 9 the number of wonderful products that are 10 produced right here in New York State that we 11 can't get to communities in my district 12 because we haven't figured out a way to 13 support the farmers doing it. 14 I'm talking family farmers, now. 15 Not the agribusiness, but the family farmers. 16 They should be able to travel on the highway 17 free to bring the food to the city. And to 18 create that kind of relationship and economic 19 stimulation that would, I think, result for 20 farmers upstate. 21 Let's talk about that. That's 22 important to me. I think that's important to 23 the people in our state. There are areas in 24 my district, especially where people in public 25 housing live, in parts of the district that

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(518) 371-8910 1 are suppressed, those places don't even have a 2 descent supermarket, Mr. President. They have 3 to go way out of their area. And heaven knows 4 the bad supermarkets that we used to have in 5 some parts of my district are now shut down 6 because they're being gentrified. There's 23 7 and 26-story buildings being built in their 8 place. 9 So we have some real issues as it 10 relates to quality access to quality food, 11 especially for poor people in this state, and 12 especially for some of the communities in my 13 district. That's what I want to talk about. 14 That's what I think we need to have some 15 legislation to try and address. 16 Let me say, lastly, the Governor 17 has a bill, it's the Healthy Foods Act, the 18 Healthy School Act. We have all kinds of 19 issues, all kinds of legislation addressing 20 the obesity problem. We have problems as it 21 relates to quality foods, access to quality 22 foods. 23 And until we in the Legislature 24 recognize this as our obligation and 25 responsibility to try and make that happen, we

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(518) 371-8910 1 continue to have these punitive measures. 2 Punitive measures, that's all we can come up 3 with, that's all we can think about. How do I 4 punish somebody who needs food and force them 5 to become part of the criminal justice system. 6 If you're hungry, this is how we're going to 7 do it, fingerprint you. 8 So I'm very embarrassed by this, to 9 tell you the truth, Mr. President. Because we 10 can do better than this. And I know that my 11 colleagues don't intend to send out this 12 message. But I must tell you, representing 13 the people in my district who really need the 14 food stamps -- and they're part of the 21 15 percent who -- the 21 people who don't apply 16 and are eligible, they're -- some of them are 17 part of that, and I want to represent them. 18 And I want to say we shouldn't try 19 to punish them because they need food, we 20 should try to make it possible for them to 21 have access to quality food, including 22 enjoying the wonderful products of the 23 agricultural business and community in our 24 state. 25 So I'm going to oppose this, along

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(518) 371-8910 1 with the Coalition Against Hunger in New York 2 City. I have a memo from them, they are 3 opposed to it. There's a Nutrition Consortium 4 of New York State here in Albany; they're all 5 opposed to it. There's a Food For All program 6 in Buffalo, New York; they're definitely 7 opposed to it. And there's the Hunger Action 8 Network of New York State; they're opposed to 9 it. And the food bank, Food for Survival in 10 our state, they are opposed to it. 11 And I think that we should listen 12 to the people who actually are very, very much 13 in touch with hungry people in our state, 14 across our state, in the communities across 15 the state. They understand what the problem 16 is with this legislation, and I think we 17 should be guided by them. I vote no. 18 ACTING PRESIDENT GRIFFO: Senator 19 Schneiderman. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Mr. President. Briefly on the bill. 22 I hope everyone on both sides of 23 the aisle is listening to this debate, because 24 I think that it could not be clearer to me 25 from listening that this legislation, however

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(518) 371-8910 1 well-intended, hurts us. It hurts us, it 2 prevents us from achieving our goals for the 3 food stamp program. And frankly, it prevents 4 us from achieving our goals as a society. 5 It hurts us in implementing the 6 food stamp program, because the food stamp 7 program is federal money to help poor people 8 eat. We want every possible person eligible 9 for food stamps to sign up. 10 How is it that in the great state 11 of New York we are now among the states with 12 the worst participation rate in the food stamp 13 program? I think we're 46 out of 50 or 14 something like that, 46 out of 50. That's a 15 disgrace. We want people to eat. 16 The purpose of this program to is 17 to get food into the hands of poor people. We 18 should not be setting up impediments. 19 Believe me, believe me, if we tried 20 to impose a requirement like this claiming 21 antifraud necessity on the areas where we know 22 we have huge fraud -- Medicaid fraud, 23 corporate fraud, securities fraud -- no one 24 would do it. But because these are poor 25 people, we feel, well, we can humiliate them,

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(518) 371-8910 1 we can make them feel like they're part of the 2 criminal justice system, as Senator Montgomery 3 has noted. 4 Poverty is not a crime. And I 5 think that it hurts our society when we drive 6 hunger further underground. Hunger is a 7 hidden crisis. People don't want to come 8 forward and say they're hungry. It hurts us 9 when this bill says that if you have one 10 member of your household who won't get 11 fingerprinted, someone perhaps with a mental 12 disability, someone perhaps who's a 13 19-year-old who's worried about something, 14 never home, someone who's concerned, maybe 15 they have an immigration issue -- the whole 16 family, then, is disqualified from the 17 program? 18 That's driving hunger underground. 19 That's creating hunger. That's forcing us as 20 a state to turn away federal funds to feed 21 poor people. This is an impractical bill. It 22 hurts us in our efforts to implement the food 23 stamp program. And frankly, it hurts us in 24 our goal to make this a more just society with 25 fewer hungry people. We should be doing

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(518) 371-8910 1 everything we can do to get people signed up 2 for the food stamp program. 3 If there's fraud in the food stamp 4 program of any significant size, it's not 5 being done by the poor people who go into the 6 supermarket, it's being done at a higher 7 level. There has been fraud, but it's all 8 involved people working in the program, the 9 printers and distributors of the food stamps. 10 There's never been a significant fraud case 11 involving individuals who are eligible for 12 food stamps getting two cartons of milk 13 instead of one. 14 That's not what we're worried about 15 for fraud. Let's deal with the real issues of 16 fraud. This bill would be a setback for the 17 program and for our state. I encourage 18 everyone to vote no, Mr. President. 19 ACTING PRESIDENT GRIFFO: Any 20 other Senator wishing to be heard? 21 Debate is closed. 22 The Secretary will ring the bell. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT GRIFFO: Senator 5 Krueger, to explain her vote. 6 SENATOR LIZ KRUEGER: Thank you. 7 I thought I'd said it all. I will say it fast 8 for those of you who are still not voting no. 9 Under this bill, this is the 10 household: Grandma is living with her adult 11 daughter, her adult daughter's 20-year-old 12 severely disabled child, and a younger child. 13 And mom is trying to get to work every day and 14 not lose her home and her livelihood. 15 There might be one finger-imaging 16 office for that entire county, particularly 17 upstate. Under this law, if grandma can't get 18 finger-imaged, if the disabled adult daughter 19 doesn't get finger-imaged, all four household 20 members cannot have food stamps. 21 This is a ridiculous law. It will 22 do real harm, particularly in upstate 23 counties. I continue to vote no, 24 Mr. President. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Krueger to be recorded in the negative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1942 are 5 Senators Adams, Breslin, Connor, Diaz, Dilan, 6 Duane, Gonzalez, Hassell-Thompson, Huntley, 7 L. Krueger, Montgomery, Onorato, Oppenheimer, 8 Parker, Perkins, Sabini, Savino, Schneiderman, 9 Serrano, Smith, Stachowski, Stavisky and 10 Stewart-Cousins. Also Senator Thompson. 11 Ayes, 38. Nays, 24. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 Senator Skelos, that completes the 15 controversial reading of the calendar. 16 SENATOR SKELOS: Thank you. Is 17 there any housekeeping at the desk? 18 ACTING PRESIDENT GRIFFO: There 19 is. 20 SENATOR SKELOS: Before the 21 members of the Rules Committee leave, there 22 will be a Rules Committee meeting at 7:00 p.m. 23 in the Majority Conference Room. Those bills 24 will be reported but not taken up this 25 evening.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Rules Committee will meet at 7:00 p.m. in the 3 Majority Conference Room. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Mr. 6 President, on behalf of Senator Padavan, I 7 wish to call up Senate Print Number 3420, 8 recalled from the Assembly, which is now at 9 the desk. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 628, by Senator Padavan, Senate Print 3420, an 14 act to amend the General Business Law. 15 SENATOR FUSCHILLO: I mow move to 16 reconsider the vote by which the bill was 17 passed. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 SENATOR FUSCHILLO: I now offer 23 the following amendments. 24 ACTING PRESIDENT GRIFFO: The 25 amendments are received.

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(518) 371-8910 1 SENATOR FUSCHILLO: Thank you. 2 ACTING PRESIDENT GRIFFO: Senator 3 Breslin. 4 SENATOR BRESLIN: Mr. President, 5 I move to amend Senate Bill 4255B by striking 6 out the amendments made on 6/19 and restoring 7 it to its original print number, 4255. 8 ACTING PRESIDENT GRIFFO: So 9 ordered. 10 SENATOR BRESLIN: Appreciate it. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Breslin. 13 Senator Skelos. 14 SENATOR SKELOS: We'll stand at 15 ease pending the report of the Rules 16 Committee. 17 ACTING PRESIDENT GRIFFO: The 18 Senate stands at ease. 19 (Whereupon, the Senate stood at 20 ease at 6:53 p.m.) 21 (Whereupon, the Senate reconvened 22 at 7:08 p.m.) 23 ACTING PRESIDENT GRIFFO: The 24 Senate will come to order. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we could return to reports of standing 3 committees, I believe there's a report of the 4 Rules Committee at the desk. I ask that it be 5 read at this time. 6 ACTING PRESIDENT GRIFFO: Reports 7 of standing committees. 8 The Secretary will read. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, reports the 11 following bills: 12 Senate Print 298A, by Senator 13 Maltese, an act to amend the Public Health 14 Law; 15 557, by Senator Montgomery, an act 16 to amend the General Municipal Law; 17 1353A, by Senator O. Johnson, an 18 act to amend the Vehicle and Traffic Law; 19 1533A, by Senator Fuschillo, an act 20 to amend the Penal Law; 21 3583A, by Senator Fuschillo, an act 22 to amend the Vehicle and Traffic Law; 23 3987A, by Senator Hannon, an act to 24 amend the Public Health Law; 25 4296, by Senator Fuschillo, an act

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(518) 371-8910 1 to amend the Vehicle and Traffic Law; 2 4324B, by Senator Maziarz, an act 3 to amend the Environmental Conservation Law; 4 4398A, by Senator Flanagan, an act 5 to amend the Penal Law; 6 4518, by Senator Hannon, an act to 7 repeal subdivision 3 of Section 4012B; 8 4531, by Senator Golden, an act to 9 amend the Public Authorities Law; 10 4699, by Senator Leibell, an act to 11 amend the Alcoholic Beverage Control Law; 12 5369, by Senator Little, an act to 13 amend the Public Health Law; 14 5561A, by Senator Volker, an act to 15 authorize; 16 5784, by Senator Alesi, an act to 17 amend the Environmental Conservation Law; 18 5875A, by Senator Hannon, an act to 19 amend the Social Services Law; 20 6076, by Senator Griffo, an act to 21 amend the Tax Law; 22 6159A, by the Senate Committee on 23 Rules, an act to amend the Public Health Law; 24 6240, by Senator Leibell, an act to 25 amend the Labor Law;

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(518) 371-8910 1 6248, by Senator Young, an act to 2 amend the Tax Law; 3 6294, by Senator Bonacic, an act to 4 amend the Retirement and Social Security Law; 5 6340, by the Senate Committee on 6 Rules, an act to amend the Tax Law; 7 6356, by Senator Maziarz, an act to 8 amend the Labor Law; 9 And Senate Print 6380, by Senator 10 Volker, an act to amend the Penal Law. 11 All bills ordered direct to third 12 reading. 13 ACTING PRESIDENT GRIFFO: Senator 14 Skelos. 15 SENATOR SKELOS: Mr. President, 16 move to accept the report of the Rules 17 Committee. 18 ACTING PRESIDENT GRIFFO: All 19 those in favor of accepting the Rules report 20 as read signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT GRIFFO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 Rules report is accepted. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 is there any further business at the desk? 5 ACTING PRESIDENT GRIFFO: There 6 is no further business, Senator Skelos. 7 SENATOR SKELOS: There being 8 none, I move that the Senate stand adjourned 9 until Thursday, June 21st, at 11:00 a.m. 10 ACTING PRESIDENT GRIFFO: On 11 motion, the Senate stands adjourned until 12 Thursday, June 21st, at 11:00 a.m. 13 (Whereupon, at 7:10 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910