Thursday, June 21, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 21, 2007 11 11:02 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

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

Candyco Transcription Service, Inc.

(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Mr. 9 President, on behalf of Senator Libous, I wish 10 to call up Senate Print Number 6300, recalled 11 from the Assembly, which is now at the desk. 12 ACTING PRESIDENT GRIFFO: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1948, by Senator Libous, Senate Print 6300, an 16 act to amend Chapter 549 of the Laws of 1994. 17 SENATOR FUSCHILLO: I now move to 18 reconsider the vote by which the bill was 19 passed. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 39. 24 SENATOR FUSCHILLO: Mr. 25 President, I ask that the bill be restored to

Candyco Transcription Service, Inc.

(518) 371-8910 1 the order of third reading. 2 ACTING PRESIDENT GRIFFO: So 3 ordered. The bill will retain its place on 4 the Third Reading Calendar. 5 SENATOR FUSCHILLO: Are there any 6 substitutions at the desk? 7 ACTING PRESIDENT GRIFFO: Yes, 8 there are substitutions at the desk. 9 The Secretary will read. 10 THE SECRETARY: On page 4, 11 Senator Trunzo moves to discharge, from the 12 Committee on Rules, Assembly Bill Number 5963A 13 and substitute it for the identical Senate 14 Bill Number 1262A, Third Reading Calendar 71. 15 On page 6, Senator Robach moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 5984A and substitute it 18 for the identical Senate Bill Number 3071A, 19 Third Reading Calendar 216. 20 On page 8, Senator Seward moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 9035 and substitute it 23 for the identical Senate Bill Number 806A, 24 Third Reading Calendar 307. 25 On page 9, Senator Maziarz moves to

Candyco Transcription Service, Inc.

(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 5036A and substitute it 3 for the identical Senate Bill Number 255A, 4 Third Reading Calendar 317. 5 On page 9, Senator Fuschillo moves 6 to discharge, from the Committee on Rules, 7 Assembly Bill Number 8971 and substitute it 8 for the identical Senate Bill Number 3555A, 9 Third Reading Calendar 340. 10 On page 17, Senator Padavan moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 6247A and substitute it 13 for the identical Senate Bill Number 3420A, 14 Third Reading Calendar 628. 15 On page 18, Senator Young moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 7543A and substitute it 18 for the identical Senate Bill Number 4334A, 19 Third Reading Calendar 717. 20 On page 21, Senator LaValle moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 7778 and substitute it 23 for the identical Senate Bill Number 4395, 24 Third Reading Calendar 826. 25 On page 22, Senator Lanza moves to

Candyco Transcription Service, Inc.

(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 8329A and substitute it 3 for the identical Senate Bill Number 4260A, 4 Third Reading Calendar 837. 5 On page 22, Senator DeFrancisco 6 moves to discharge, from the Committee on 7 Rules, Assembly Bill Number 8692C and 8 substitute it for the identical Senate Bill 9 Number 4878B, Third Reading Calendar 842. 10 On page 29, Senator DeFrancisco 11 moves to discharge, from the Committee on 12 Rules, Assembly Bill Number 7329A and 13 substitute it for the identical Senate Bill 14 Number 4877A, Third Reading Calendar 1118. 15 On page 39, Senator Stewart-Cousins 16 moves to discharge, from the Committee on 17 Rules, Assembly Bill Number 6964 and 18 substitute it for the identical Senate Bill 19 Number 4135, Third Reading Calendar 1409. 20 On page 42, Senator Rath moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 7808A and substitute it 23 for the identical Senate Bill Number 5286A, 24 Third Reading Calendar 1721. 25 On page 43, Senator Valesky moves

Candyco Transcription Service, Inc.

(518) 371-8910 1 to discharge, from the Committee on 2 Investigations and Government Operations, 3 Assembly Bill Number 7143 and substitute it 4 for the identical Senate Bill Number 4318, 5 Third Reading Calendar 1742. 6 On page 43, Senator Nozzolio moves 7 to discharge, from the Committee on Rules, 8 Assembly Bill Number 3397B and substitute it 9 for the identical Senate Bill Number 705B, 10 Third Reading Calendar 1770. 11 On page 43, Senator Stavisky moves 12 to discharge, from the Committee on Codes, 13 Assembly Bill Number 463 and substitute it for 14 the identical Senate Bill Number 2663, Third 15 Reading Calendar 1802. 16 On page 44, Senator Winner moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 9145 and substitute it 19 for the identical Senate Bill Number 6220, 20 Third Reading Calendar 1889. 21 On page 45, Senator Padavan moves 22 to discharge, from the Committee on Rules, 23 Assembly Bill Number 8966A and substitute it 24 for the identical Senate Bill Number 6209A, 25 Third Reading Calendar 1924.

Candyco Transcription Service, Inc.

(518) 371-8910 1 On page 48, Senator Maltese moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 4051A and substitute it 4 for the identical Senate Bill Number 298A, 5 Third Reading Calendar 2004. 6 On page 49, Senator Fuschillo moves 7 to discharge, from the Committee on Rules, 8 Assembly Bill Number 4691A and substitute it 9 for the identical Senate Bill Number 3583A, 10 Third Reading Calendar 2008. 11 On page 49, Senator Hannon moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 7676 and substitute it 14 for the identical Senate Bill Number 4518, 15 Third Reading Calendar 2013. 16 On page 49, Senator Golden moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 5177 and substitute it 19 for the identical Senate Bill Number 4531, 20 Third Reading Calendar 2014. 21 On page 50, Senator Alesi moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 8077 and substitute it 24 for the identical Senate Bill Number 5784, 25 Third Reading Calendar 2018.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And on page 50, Senator Leibell 2 moves to discharge, from the Committee on 3 Rules, Assembly Bill Number 9052 and 4 substitute it for the identical Senate Bill 5 Number 6240, Third Reading Calendar 2022. 6 ACTING PRESIDENT GRIFFO: 7 Substitutions ordered. 8 Senator Fuschillo. 9 SENATOR FUSCHILLO: Mr. 10 President, I believe there's a resolution by 11 Senator Bruno at the desk. At this time may 12 we please have the title read only. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 I would ask, again, the chamber to 16 please come to order. 17 The Secretary will read. 18 THE SECRETARY: By Senators Bruno 19 and Breslin, Legislative Resolution Number 20 3072, commending Albany Medical Center upon 21 the occasion of its designation as recipient 22 of the 2007 Pinnacle Award for Quality 23 Improvement by the Healthcare Association of 24 New York State. 25 ACTING PRESIDENT GRIFFO: On the

Candyco Transcription Service, Inc.

(518) 371-8910 1 resolution, all in favor signify by saying 2 aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT GRIFFO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT GRIFFO: The 8 resolution is adopted. 9 Senator Fuschillo. 10 SENATOR FUSCHILLO: Mr. 11 President, may we please have the 12 noncontroversial reading of the calendar at 13 this time. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 67, by Senator Volker, Senate Print 1263B, an 18 act to amend the Penal Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 44. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 71, substituted earlier by Member of the 7 Assembly Abbate, Assembly Print Number 5963A, 8 an act to amend the Retirement and Social 9 Security Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 46. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 82, by Senator Fuschillo, Senate Print 1537A, 22 an act to amend the Labor Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect one year after it shall 2 have become a law. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 46. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 102, by Senator Maziarz, Senate Print 105A, an 11 act to amend the General Business Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of April. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 46. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 216, substituted earlier by Member of the 24 Assembly Abbate, Assembly Print Number 5984A, 25 an act to amend the Civil Service Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 46. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 277, by Senator Rath, Senate Print 1671, an 13 act to amend the Tax Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 48. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 307, substituted earlier by Member of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Morelle, Assembly Print Number 9035, 2 an act to amend Chapter 340 of the Laws of 3 2005 amending the Insurance Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 48. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 317, substituted earlier today by Member of 16 the Assembly Weisenberg, Assembly Print Number 17 5036A, an act to amend the Penal Law and the 18 Agriculture and Markets Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 48. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 340, substituted earlier today by Member of 7 the Assembly Hevesi, Assembly Print Number 8 8971, an act to amend the General Business Law 9 and others. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 50. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 611, by Senator Larkin, Senate Print 2893, an 22 act to amend the Tax Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect on the first of April. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 49. Nays, 6 1. Senator Duane recorded in the negative. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 613, by Senator Larkin, Senate Print 4059A, an 11 act to amend the Racing, Parimutuel Wagering 12 and Breeding Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 49. Nays, 21 1. Senator Duane recorded in the negative. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 628, substituted earlier today by Member of

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Assembly Weprin, Assembly Print Number 2 6247A, an act to amend the General Business 3 Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 60th day. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 50. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 670, by Senator Saland, Senate Print 3577A, an 16 act to amend the Education Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 50. 25 ACTING PRESIDENT GRIFFO: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 717, substituted earlier today by Member of 4 the Assembly Magee, Assembly Print Number 5 7543A, an act to amend the Agriculture and 6 Markets Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 52. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 738, by Senator C. Kruger, Senate Print 4838A, 19 an act to amend the Family Court Act and 20 others. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 11. This 24 act shall take effect on the 90th day. 25 ACTING PRESIDENT GRIFFO: Call

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 52. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 767, by Senator Padavan, Senate Print 1844, an 8 act to amend the Vehicle and Traffic Law and 9 the Administrative Code of the City of 10 New York. 11 ACTING PRESIDENT GRIFFO: There 12 is a local fiscal impact note at the desk. 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 52. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 826, substituted earlier today by Member of 24 the Assembly Canestrari, Assembly Print Number 25 7778, an act to amend the Education Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 52. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 837, substituted earlier today by Member of 13 the Assembly Ortiz, Assembly Print Number 14 8329A, an act to amend the Lien Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 842, substituted earlier today by Member of 2 the Assembly Weinstein, Assembly Print Number 3 8692C, an act to amend the Court of Claims 4 Act. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 52. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 866, by Senator Alesi, Senate Print 961A, an 17 act to amend the General Business Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of January. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 52.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1018, by Senator Seward, Senate Print 3150A, 5 an act to amend the Tax Law. 6 ACTING PRESIDENT GRIFFO: There 7 is a local fiscal impact note at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 60th day. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 53. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1065, by Senator Skelos, Senate Print 4383C, 19 an act to amend the Penal Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 53. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1078, by Senator Seward, Senate Print 4790A, 7 an act in relation to transportation 8 contracts. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 53. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1118, substituted earlier today by Member of 21 the Assembly Weinstein, Assembly Print Number 22 7329A, an act to amend the Domestic Relations 23 Law and others. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect on the 30th day. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1200, by Senator Marcellino, Senate Print 11 4833A, an act to amend the Environmental 12 Conservation Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 53. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1250, by Senator Fuschillo, Senate Print 25 5780A, an act to amend the Penal Law and the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Vehicle and Traffic Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 6. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 53. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1276, by Senator Farley, Senate Print 5288B, 14 an act to authorize the Town of Caroga. 15 ACTING PRESIDENT GRIFFO: There 16 is a home rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 7. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 53. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1279, by Senator Morahan, Senate Print 4475A, 3 an act to amend the Mental Hygiene Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 11. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 53. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1326, by Senator C. Kruger, Senate Print 16 4542A, an act to amend the Family Court Act 17 and the Criminal Procedure Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1397, by Senator Saland, Senate Print 5752A, 5 an act to amend the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 6. This 10 act shall take effect on the first of 11 September. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 53. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1409, substituted earlier today by Member of 20 the Assembly Pretlow, Assembly Print Number 21 6964, an act to amend the Tax Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 53. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1485, by Senator Lanza, Senate Print 1325B, an 9 act to amend the Judiciary Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 9. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 53. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1488, by Senator Fuschillo, Senate Print 22 5517A, an act to amend the Penal Law and the 23 Vehicle and Traffic Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 11. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 53. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1544, by Senator Young, Senate Print 5995A, an 12 act to authorize the conveyance of certain 13 lands. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 53. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1565, by Senator Nozzolio, Senate Print 4811A,

Candyco Transcription Service, Inc.

(518) 371-8910 1 an act to amend the General Municipal Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 52. Nays, 10 1. Senator Duane recorded in the negative. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 Senator Morahan. 14 The Secretary will reannounce the 15 results on 1565. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1565 are 18 Senators Duane and Morahan. 19 Ayes, 51. Nays, 2. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1569, by Senator Golden, Senate Print 5729A, 24 an act to amend the Penal Law. 25 SENATOR DUANE: Lay it aside,

Candyco Transcription Service, Inc.

(518) 371-8910 1 please. 2 ACTING PRESIDENT GRIFFO: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 1635, by Senator Nozzolio, Senate Print 5037B, 6 an act to amend the Penal Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 7. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 SENATOR MORAHAN: Mr. President. 16 ACTING PRESIDENT GRIFFO: Senator 17 Morahan, why do you rise? 18 SENATOR MORAHAN: Which calendar 19 number are we on? 20 ACTING PRESIDENT GRIFFO: We are 21 currently on 1635. The sponsor is Senator 22 Nozzolio. 23 SENATOR MORAHAN: Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Morahan.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR MORAHAN: On 1565 I voted 2 no, I believe. I'm sorry, is it 1565? 3 ACTING PRESIDENT GRIFFO: On 1565 4 you were cast in the negative, Senator 5 Morahan. 6 SENATOR MORAHAN: Can that be 7 corrected? 8 ACTING PRESIDENT GRIFFO: 9 Senator, the rules of the house would not 10 provide for that. 11 SENATOR MORAHAN: Thank you. 12 ACTING PRESIDENT GRIFFO: Thank 13 you, Senator Morahan. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1635 are 16 Senators Duane, Gonzalez, Hassell-Thompson, 17 L. Krueger, LaValle, Montgomery, Morahan, 18 Parker, Sabini and Serrano. Also Senator 19 Perkins. 20 Ayes, 43. Nays, 11. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1673, by Senator Stachowski, Senate Print 25 5746B, an act to authorize the Town of

Candyco Transcription Service, Inc.

(518) 371-8910 1 Cheektowaga. 2 ACTING PRESIDENT GRIFFO: There 3 is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 56. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1685, by Senator Volker, Senate Print 6081A, 15 an act to authorize the transfer of certain 16 funds. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. 25 ACTING PRESIDENT GRIFFO: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1697, by Senator Nozzolio, Senate Print 5012A, 4 an act to amend the Penal Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1719, by Senator Lanza, Senate Print 4922A, an 18 act to amend the Vehicle and Traffic Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 56. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1721, substituted earlier today by Member of 6 the Assembly Hayes, Assembly Print Number 7 7808A, an act to amend the Real Property Tax 8 Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 56. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1725, by Senator Saland, Senate Print 5672A, 21 an act to amend the Education Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect on the 180th day.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1727, by Senator Lanza, Senate Print 5973B, an 9 act to amend the Education Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 56. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1742, substituted earlier today by Member of 22 the Assembly Magee, Assembly Print Number 23 7143, an act to amend the Tax Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1770, substituted earlier today by Member of 11 the Assembly Aubry, Assembly Print Number 12 3397B, an act to amend the Correction Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect April 1, 2008. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1802, substituted earlier today by Member of 25 the Assembly Dinowitz, Assembly Print Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 463, an act to amend the Penal Law and the 2 Correction Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 5. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1808, by Senator Marcellino, Senate Print 15 5427A, an act to amend the Environmental 16 Conservation Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT GRIFFO: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1825, by Senator Golden, Senate Print 6112A, 4 an act to amend the Retirement and Social 5 Security Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1834, by Senator Alesi, Senate Print 272, an 18 act to amend the Social Services Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1844, by Senator Wright, Senate Print 4261A, 7 an act to amend Chapter 519 of the Laws of 8 1999. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1845, by Senator Young, Senate Print 4333A, an 21 act to amend the Agriculture and Markets Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1880, by Senator Seward, Senate Print 6164, an 9 act to amend the Education Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 SENATOR FUSCHILLO: Mr. 18 President, lay the bill aside for the day, 19 please. 20 ACTING PRESIDENT GRIFFO: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 1882, by Senator Wright, Senate Print 6176A, 24 an act to amend the General Business Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT GRIFFO: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 1889, substituted earlier today by Member of 8 the Assembly Schimminger, Assembly Print 9 Number 9145, an act to amend Chapter 192 of 10 the Laws of 2003. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1890, by Senator Volker, Senate Print 6221, an 23 act to amend the Alcoholic Beverage Control 24 Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1904, by Senator Volker, Senate Print 3175A, 12 an act to amend the Social Services Law and 13 the Family Court Act. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect January 1, 2009. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1914, by the Senate --

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR FUSCHILLO: Lay it aside 2 temporarily. 3 ACTING PRESIDENT GRIFFO: The 4 bill is laid aside temporarily. 5 THE SECRETARY: Calendar Number 6 1920, by Senator Leibell, Senate Print 6156A, 7 an act to amend the Retirement and Social 8 Security Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on the first of January. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1924, substituted earlier today by Member of 21 the Assembly Rosenthal, Assembly Print Number 22 8966A, an act to amend the General Business 23 Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1952, by Senator Leibell, Senate Print 6310, 11 an act to amend the Domestic Relations Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the same date as a 16 chapter of the Laws of 2007. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1953, by Senator Skelos, Senate Print 6321, an 25 act to amend the Arts and Cultural Affairs

Candyco Transcription Service, Inc.

(518) 371-8910 1 Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 13. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1954, by the Senate Committee on Rules, Senate 14 Print 6322, an act authorizing Victor T. Greco 15 to file. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1955, by Senator Griffo, Senate Print 6324, an 3 act to amend the Civil Service Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 24. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1956, by Senator DeFrancisco, Senate Print 16 6358, an act to amend the State Finance Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT GRIFFO: Senator 25 DeFrancisco, to explain his vote.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR DeFRANCISCO: Yes, I just 2 want to explain this bill. 3 Several years ago there was a 4 change in the process for providing 5 information to the general public about how 6 expenditures were done in the State 7 Legislature. And the whole concept was that 8 we should be open, an open government that 9 provides information to the public, freely 10 accessible to them. 11 This opens that same government in 12 different branches, however, providing the 13 same requirements of the judiciary branch of 14 government as well as the executive branch, 15 its agencies and authorities. 16 So this is another good bill for 17 open and good government that I'm happy to 18 vote yes for today. 19 ACTING PRESIDENT GRIFFO: Senator 20 DeFrancisco to be recorded in the affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1959, by Senator Nozzolio, Senate Print 703C, 2 an act to amend the Penal Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1962, by Senator O. Johnson, Senate Print 16 2138A, an act to amend the Retirement and 17 Social Security Law and the Military Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1970, by Senator Farley, Senate Print 4392B, 5 an act to amend the Banking Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 6. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1974, by Senator C. Kruger, Senate Print 18 5142A, an act to amend the Family Court Act 19 and the Social Services Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 17. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1976, by Senator Farley, Senate Print 5618A, 7 an act to amend the Banking Law. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 60th day. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1980, by Senator Nozzolio, Senate Print 6066A, 20 an act to amend the General Municipal Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1985, by Senator Libous, Senate Print 6254A, 8 an act to amend the Vehicle and Traffic Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1993, by Senator Nozzolio, Senate Print 6313, 21 an act to amend the Correction Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the same date and in

Candyco Transcription Service, Inc.

(518) 371-8910 1 the same manner as a chapter of the Laws of 2 2007. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1994, by Senator Maziarz, Senate Print 6328, 11 an act to amend Part B of Chapter 57 of the 12 Laws of 2007. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1995, by the Senate Committee on Rules, Senate 25 Print 6329, an act to authorize the Town of

Candyco Transcription Service, Inc.

(518) 371-8910 1 Malta. 2 ACTING PRESIDENT GRIFFO: There 3 is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1996, by Senator Larkin, Senate Print 6332, an 15 act to amend the Penal Law. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 11th of November. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1997, by Senator Fuschillo -- 3 SENATOR FUSCHILLO: Lay the bill 4 aside temporarily. 5 ACTING PRESIDENT GRIFFO: The 6 bill is laid aside temporarily. 7 THE SECRETARY: Calendar Number 8 1998, by Senator Fuschillo, Senate Print 6345, 9 an act to amend Chapter 33 of the Laws of 2002 10 relating to authorizing. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT GRIFFO: 19 Senator Hassell-Thompson, to explain her vote. 20 SENATOR HASSELL-THOMPSON: Yeah, 21 thank you, Mr. President. 22 Five years ago Senator Fuschillo 23 brought before this body a proposal for the 24 state to take over Roosevelt School District 25 because of the seriousness of the problems

Candyco Transcription Service, Inc.

(518) 371-8910 1 that existed there. 2 I voted against the bill, and I 3 spoke on this floor as to my reasons why I did 4 not believe that letting the state take over 5 the administration of this district was going 6 to be in best interests of children and that 7 district. 8 In conversations with Senator 9 Fuschillo when this bill came back to the 10 floor, we have shared the fact that many of my 11 concerns have in fact been realized. 12 I'm going to support this bill, 13 however, because I recognize that Roosevelt 14 has recognized the mistakes that it made and 15 that the state cannot be allowed to, by 16 itself, be responsible for the administration 17 of our districts because of the way in which 18 they don't have the enforcement power and they 19 don't exercise the monitoring power that's 20 necessary to ensure that the number-one 21 criterion is that our children are learning. 22 They have taken remedial remedies 23 to correct many of the problems that exist. 24 And I would like to hope, Senator Fuschillo, 25 that your commitment that you made to me in

Candyco Transcription Service, Inc.

(518) 371-8910 1 support of this bill and to the children of 2 the Roosevelt district are very real. Because 3 we are responding and have spent an inordinate 4 amount of money attempting to educate our 5 children, and we're allowing administrations 6 to squander that money and not be able to give 7 us the kind of results that are important to 8 the children of the State of New York. 9 So I do support this bill, and I do 10 support your efforts. And thank you for your 11 commitment to make sure that the children of 12 Roosevelt get a better shake this time. 13 Thank you. 14 ACTING PRESIDENT GRIFFO: Senator 15 Hassell-Thompson will be recorded in the 16 affirmative. 17 Senator Fuschillo. 18 SENATOR FUSCHILLO: Let me first 19 thank Senator Hassell-Thompson for her 20 support. She's right, Mr. President. 21 ACTING PRESIDENT GRIFFO: Can we 22 have some order, please. 23 SENATOR FUSCHILLO: She's right. 24 The Commissioner of Education failed in his 25 responsibility and his oversight of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Roosevelt School District. I've called for 2 his resignation. And I hope upon his 3 successful return to his office that the Board 4 of Regents has a discussion with him and it's 5 time for him to leave as the Commissioner of 6 Education of the State of New York. 7 The superintendent that the 8 commissioner put in failed the school as well, 9 and I called for his resignation as well. And 10 effective June 30th of this year, he's gone. 11 And those are steps in the right 12 direction. But what I face right now is 13 bankruptcy in the school district or taking 14 care of 3100 kids that deserve a quality 15 education. I go with the kids. And that's 16 what this bill does. 17 One of the measures that we add as 18 additional oversight is we bring in the State 19 Comptroller, Comptroller Tom DiNapoli, to be 20 part of the fiscal oversight of the school 21 district. And as I explained to Senator 22 Hassell-Thompson in our discussion, there's a 23 real-time order. And that's the first time in 24 any school district where the Comptroller will 25 be involved on a daily basis.

Candyco Transcription Service, Inc.

(518) 371-8910 1 It's a difficult decision. It was 2 five years ago; it's a difficult decision 3 right now. But I'm not going to give up on 4 the school district. I'm not going to let 5 these kids, another generation, go through the 6 high school district of Roosevelt Union Free 7 School District and fail. 8 Has it met with the acceptance of 9 everybody in the community? No, it's not. 10 Because they feel, as I feel, since the 11 Education Department took over this school 12 district, they failed, they should be burdened 13 with the responsibility of taking it back and 14 putting back the finances. 15 And the bill that I laid aside 16 previously was introduced by my colleague in 17 the Assembly, Assemblywoman Hooper, that would 18 take the money out of the Education 19 Department. But because of the Silver lawsuit 20 many years ago, and the Court of Appeals made 21 a decision, we can't do that. The Department 22 of Budget has ruled that that's 23 unconstitutional. 24 So I have to do what as a 25 legislator I feel is the responsible thing to

Candyco Transcription Service, Inc.

(518) 371-8910 1 do, advance the payments to the school 2 district, give it greater oversight if the 3 Comptroller's office is doing it, and don't 4 allow it to go bankrupt but support the 5 children, the 3,100 children that are part of 6 that school district. 7 I'll be voting in the affirmative. 8 Thank you, Mr. President. 9 ACTING PRESIDENT GRIFFO: Senator 10 Fuschillo will be recorded in the affirmative. 11 Senator LaValle, to explain his 12 vote. 13 SENATOR LaVALLE: Thank you, 14 Mr. President. 15 I rise to support Senator 16 Fuschillo, who has done a yeoman's job. And 17 his commitment has been unwavering to the 18 children in that community. And it's great to 19 hear a legislator get up and tell everyone 20 over and over again that his sole focus is the 21 children and the fact that they have all the 22 opportunities to get an education so they can 23 be all that they can be. 24 In this case it's the adults that 25 really have failed the children. Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Fuschillo talked about the commissioner and 2 the Board of Regents, who oversees the school 3 districts and the operation of the State 4 Education Department. That should not have 5 happened. 6 But also we need to do a better job 7 in ensuring that there is greater disclosure, 8 greater transparency in what goes on in our 9 school districts. Because ultimately the 10 greatest protection of the people in that 11 community, if they have the right information, 12 they are armed with the facts, they will be 13 engaged and make sure that what happened with 14 poor administrative work at the local level 15 and not proper oversight at the State 16 Education Department level would never happen. 17 Senator Fuschillo, the children of 18 that district are appreciative for what you 19 have done. And I vote in the affirmative, 20 Mr. President. 21 ACTING PRESIDENT GRIFFO: Senator 22 LaValle to be recorded in the affirmative. 23 Senator Marcellino, to explain his 24 vote. 25 SENATOR MARCELLINO: Thank you,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President. 2 I also rise to congratulate my 3 colleague Senator Fuschillo for taking on a 4 task that is really very difficult. He's 5 walking a political tightrope, treading a line 6 between all kinds of factions -- within the 7 community, outside the community, State Ed, 8 Board of Regents. 9 Senator LaValle just said it; he's 10 absolutely correct. The adults have failed 11 the children of the Roosevelt School District. 12 State Ed has been responsible for the 13 governance of that district, and they have 14 failed miserably in their efforts. 15 They have to go back into that 16 district and take another hard look, work with 17 the community, work with the superintendent 18 that is there now, and work with Senator 19 Fuschillo and the other elected officials who 20 want to do the right thing. 21 There are 3100 good reasons for us 22 to not lose sight of what's going on in that 23 school district, and that's the children who 24 deserve a quality education. That is one of 25 our paramount responsibilities.

Candyco Transcription Service, Inc.

(518) 371-8910 1 State Ed has failed miserably, and 2 the Board of Regents has to step in and make 3 sure that that failure is not continued and is 4 not allowed to happen again in any other 5 school district in this state. 6 It is about time the Regents of 7 this state took their job seriously. It is 8 not just a ceremonial position. It is not 9 just a title. They have a responsibility to 10 the children. They are the state school 11 board. They have to start acting like a 12 school district, they have to start acting 13 like responsible parents and take on that job. 14 It's not always easy, and it's not always 15 pleasant. But they owe it to those children, 16 they owe it to the children of the State of 17 New York. 18 I intend to vote aye on this bill, 19 Mr. President. And again, I congratulate my 20 colleague Senator Fuschillo. 21 ACTING PRESIDENT GRIFFO: Senator 22 Marcellino will be recorded in the 23 affirmative. 24 Senator Saland. 25 SENATOR SALAND: Thank you,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President. 2 Mr. President, I rise to commend 3 Senator Fuschillo. Over the course of the 4 five years that I've served as the chair of 5 the Senate Education Committee, time and again 6 he has engaged me on the issue of Roosevelt 7 and the problems of the Roosevelt School 8 District. 9 He's approached this issue with 10 great energy, with tenacity, and always with 11 the best of good faith, with but one purpose 12 in mind: how is it that he could best serve 13 the educational well-being of the students of 14 that district. 15 I can tell you that on each and 16 every occasion when I've engaged the 17 Commissioner of Education on the issue of 18 Roosevelt, I have left him with but one 19 concluding message. Unless Senator Fuschillo 20 is part and parcel of resolving this issue, 21 unless he, who is really on the ground where 22 this issue is percolating, is satisfied that 23 it's in the best interests and the needs of 24 the students of that district, there is little 25 or nothing that I would do that would in any

Candyco Transcription Service, Inc.

(518) 371-8910 1 way, shape or form not be in lockstep with 2 Senator Fuschillo. 3 I commend him for his constant and 4 ongoing commitment. He has truly been 5 absolutely extraordinary in his willingness to 6 do battle not only on the home front, but here 7 in Albany, on behalf of 3,000-plus young 8 people whose education is imperiled because of 9 things well beyond their ability to control. 10 I vote in the affirmative and again 11 would commend Senator Fuschillo to absolutely 12 any end for what he has done to date. And I'm 13 sure when this finally does resolve, he will 14 get the credit universally that he well 15 deserves. 16 Thank you. 17 ACTING PRESIDENT GRIFFO: Senator 18 Saland to be recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 58. Nays 21 0. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2000, by Senator Lanza, Senate Print 6352, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act to amend the Correction Law and the 2 Criminal Procedure Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2001, by Senator Lanza, Senate Print 6355, an 15 act to amend the Civil Practice Law and Rules. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2004, substituted earlier today by Member of 3 the Assembly J. Rivera, Assembly Print Number 4 4051A, an act to amend the Public Health Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 C. Johnson, to explain his vote. 14 SENATOR CRAIG JOHNSON: Thank you 15 very much, Mr. President. 16 I rise and I will be voting in the 17 affirmative on this measure. I first want to 18 thank and congratulate Senator Maltese for 19 sponsoring this initiative, and his leadership 20 on this issue. 21 What we have before us today is a 22 bill that's going to address a growing problem 23 in New York State, and that's helping kids 24 deal with food allergies and food allergy 25 problems that we see in our schools. It's a

Candyco Transcription Service, Inc.

(518) 371-8910 1 problem that, as a member of the Nassau County 2 Legislature, I worked with a number of these 3 groups to help push Nassau County to establish 4 guidelines for the school districts. 5 And I'm happy to support this 6 initiative here in the Senate and see the 7 Assembly pass it. That's going to address it 8 on a statewide basis. 9 I want to congratulate the advocate 10 groups that have been pushing this -- the Food 11 Allergy Initiative and the Allergy and 12 Anaphylactic Network -- for their tireless 13 efforts in pushing this bill. 14 And I want to congratulate two of 15 my younger constituents, Maya Konoff and Tyler 16 Bromberg, two young children, elementary 17 schoolchildren, who have been tireless 18 advocates not only up here in New York State 19 but in Washington, D.C., to bring to light the 20 problems they face in having food allergies 21 and dealing with the issues in school. 22 So again, I want to congratulate 23 Senator Maltese on the passage of this bill, 24 and for his leadership. Thank you very much, 25 and I will be voting yes.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Craig Johnson will be recorded in the 3 affirmative. 4 Announce the results. 5 THE SECRETARY: Ayes, 58. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2006, by Senator O. Johnson, Senate Print -- 10 SENATOR DUANE: Lay it aside, 11 please. 12 ACTING PRESIDENT GRIFFO: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 2007, by Senator Fuschillo, Senate Print 16 1533A, an act to amend the Penal Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Those recorded in

Candyco Transcription Service, Inc.

(518) 371-8910 1 the negative on Calendar Number 2007 are 2 Senators Adams, Gonzalez, Hassell-Thompson, 3 Montgomery and Thompson. 4 Ayes, 53. Nays, 5. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2008, substituted earlier today by Member of 9 the Assembly Paulin, Assembly Print Number 10 4691A, an act to amend the Vehicle and Traffic 11 Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2012, by Senator Flanagan, Senate Print 4398A, 24 an act to amend the Penal Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 2013, substituted earlier today by Member of 13 the Assembly Gottfried, Assembly Print Number 14 7676, an act to repeal subdivision 3 of 15 Section 4012-b. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2014, substituted earlier today by Member of 3 the Assembly Perry, Assembly Print Number 4 5177, an act to amend the Public Authorities 5 Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2015, by Senator Leibell, Senate Print 4699, 18 an act to amend the Alcoholic Beverage Control 19 Law and the Vehicle and Traffic Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first of 24 November. 25 ACTING PRESIDENT GRIFFO: Call

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2016, by Senator Little, Senate Print 5369, an 8 act to amend the Public Health Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 30th day. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 2018, substituted earlier today by Member of 21 the Assembly Koon, Assembly Print Number 8077, 22 an act to amend the Environmental Conservation 23 Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2019, by Senator Hannon, Senate Print 5875A, 11 an act to amend the Social Services Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect April 1, 2008. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2020, by Senator Griffo, Senate Print 6076, an 24 act to amend the Tax Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2021, by the Senate Committee on Rules, Senate 12 Print 6159A, an act to amend the Public Health 13 Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2022, substituted earlier today by Member of

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Assembly Brodsky, Assembly Print Number 2 9052, an act to amend the Labor Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 180th day. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2024, by Senator Bonacic -- 15 SENATOR DUANE: Lay it aside, 16 please. 17 ACTING PRESIDENT GRIFFO: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 2025, by the Senate Committee on Rules, Senate 21 Print 6340, an act to amend the Tax Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2026, by Senator Maziarz, Senate Print -- 9 SENATOR SKELOS: Lay it aside, 10 please. 11 ACTING PRESIDENT GRIFFO: The 12 bill is laid aside. 13 Senator Skelos, that completes the 14 reading of the noncontroversial calendar. 15 SENATOR SKELOS: I believe 16 there's a motion that Senator Little has. 17 ACTING PRESIDENT GRIFFO: Senator 18 Little, for purposes of a motion. 19 SENATOR LITTLE: Thank you, 20 Mr. President. 21 I wish to call up my bill, Print 22 Number 1052, recalled from the Assembly, which 23 is now at the desk. 24 ACTING PRESIDENT GRIFFO: The 25 Secretary will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 620, by Senator Little, Senate Print 1052, an 3 act to establish. 4 SENATOR LITTLE: Mr. President, I 5 now move to reconsider the vote by which this 6 bill was passed. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll on reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. 11 SENATOR LITTLE: Thank you. 12 Mr. President, I now offer the following 13 amendments. 14 ACTING PRESIDENT GRIFFO: The 15 amendments are received. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 if we could go to the controversial reading of 19 the calendar at this time. 20 ACTING PRESIDENT GRIFFO: The 21 Secretary will ring the bells. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1569, by Senator Golden, Senate Print 5729A, 25 an act to amend the Penal Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR MONTGOMERY: Explanation. 2 ACTING PRESIDENT GRIFFO: Senator 3 Golden, for an explanation. 4 SENATOR GOLDEN: Thank you, 5 Mr. President. 6 This bill was before us two weeks 7 ago, and we've amended the bill, and the bill 8 is back before us. This bill adds a new 9 section of the Penal Law, refusing to identify 10 oneself upon questioning, a Class A 11 misdemeanor. This allows a police officer or 12 court officer to ask a person to identify him 13 or herself in the course of a Terry stop, a 14 Terry stop that provides for criminal 15 liability when a person intentionally fails to 16 provide such information. 17 This only applies when the officer 18 reasonably suspects that a person has 19 committed or is about to commit a crime. An 20 officer's right to ask for this information 21 has long been established in our own law here 22 in New York under the CPL. 23 In response to some of my 24 colleagues' concerns, I have amended this bill 25 to make it absolutely clear that a person has

Candyco Transcription Service, Inc.

(518) 371-8910 1 to know for sure that he is refusing to 2 identify himself to a police officer. And the 3 new language states: "He or she intentionally 4 fails to provide his or her name to a person 5 whom he or she knows to be a police officer or 6 court officer." 7 This is a standard that was created 8 under the Hiibel v. Nevada case. There are 23 9 other states that do what we do. And that's 10 the explanation. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Golden. 13 Senator Montgomery. 14 SENATOR MONTGOMERY: Yes, Mr. 15 President, I'm just going to comment on the 16 bill. 17 ACTING PRESIDENT GRIFFO: Senator 18 Montgomery, on the bill. 19 SENATOR MONTGOMERY: Thank you. 20 I understand that Senator Golden 21 is -- well, maybe I -- let me change that. I 22 do not understand why Senator Golden feels 23 that we need this legislation. 24 One of the serious issues and 25 problems that I have experienced in my

Candyco Transcription Service, Inc.

(518) 371-8910 1 district, and I think it's pretty common in 2 the City of New York, is that there is a 3 propensity by police officers, either in 4 uniform or out of uniform, to stop youngsters 5 on the streets. If they see several young 6 people gathered, they automatically assume 7 that there's something about to happen, 8 they're part of a gang operation. There is a 9 sense that just their presence in more than 10 one individual indicates that there is some 11 crime about to be committed. 12 And, you know, maybe it's the way 13 that they dress, maybe it's their movements. 14 I don't know exactly what triggers this large 15 number of contacts with young people. But 16 there are, especially young men of color, some 17 of them wearing their hoodies. My son wears a 18 hoodie. I'm always concerned about him being 19 stopped and frisked on the streets for no 20 apparent reason. 21 So this is a problem. And we now 22 are, based on Senator Golden's legislation, 23 Mr. President, we are creating an 24 A misdemeanor, a charge, a criminal charge, if 25 a youngster is stopped by the police. And

Candyco Transcription Service, Inc.

(518) 371-8910 1 they don't just stop them and ask them 2 politely to identify themselves, not in my 3 district. Maybe in Senator Golden's district; 4 not in mine. They are stopped and 5 aggressively frisked and very often taken down 6 to the precinct. 7 And in fact they take them down 8 very often because they don't have 9 identification on them. They do this already. 10 Now, it's not a crime now. So fortunately it 11 doesn't result in a misdemeanor charge, a 12 criminal charge. 13 But this bill would specifically 14 allow the police officer not only to take them 15 to the precinct, but to charge them with an 16 A misdemeanor, criminal charge, because they 17 don't have their ID on them. 18 So, Mr. President, I understand 19 that Senator Golden has tried to be specific 20 about who and which kind of officer can make 21 this charge or can require a person to 22 identify themselves. But it doesn't satisfy 23 the issue and concern that is very, very major 24 in my district as it relates to the 25 relationship and the activity between the

Candyco Transcription Service, Inc.

(518) 371-8910 1 police and young people in my district, 2 particularly what I consider our young, 3 do-rag-generation people. 4 So I'm still going to reject this 5 legislation. I think it creates a problem 6 that is going to have collateral consequences 7 on certain people, especially in districts 8 like mine. And I cannot in all good 9 conscience support it. 10 Thank you. 11 ACTING PRESIDENT GRIFFO: Senator 12 Adams. 13 SENATOR ADAMS: Thank you, 14 Mr. President. Would the sponsor yield for a 15 question? 16 ACTING PRESIDENT GRIFFO: Senator 17 Golden, will you yield for a question? 18 SENATOR GOLDEN: I do. 19 ACTING PRESIDENT GRIFFO: Senator 20 Adams. 21 SENATOR ADAMS: Senator Golden, 22 first of all, I want to support this bill. 23 But I notice that you don't have the 24 stand-alone which we discussed before. And I 25 just want to get clarity.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The changes that you made, it would 2 not impact -- I mean, it would only deal if a 3 person committed no other crime but he did not 4 identify himself to a police officer. Is that 5 correct? 6 ACTING PRESIDENT GRIFFO: Senator 7 Golden. 8 SENATOR GOLDEN: If the 9 individual fails to -- has the potential of 10 being arrested if he argues that he's not 11 going to give the individual a name. 12 SENATOR ADAMS: Would the sponsor 13 continue to yield. 14 ACTING PRESIDENT GRIFFO: Senator 15 Golden, will you continue to yield? 16 SENATOR GOLDEN: I do. 17 ACTING PRESIDENT GRIFFO: Senator 18 Adams. 19 SENATOR ADAMS: Can you share 20 with us how would a civilian know if in fact 21 the person is a police officer? 22 ACTING PRESIDENT GRIFFO: Senator 23 Golden. 24 SENATOR GOLDEN: The legislation 25 says the person whom he or she knows to be a

Candyco Transcription Service, Inc.

(518) 371-8910 1 police officer. She would have to know or he 2 would have to know that it is a police 3 officer. 4 SENATOR ADAMS: Would the sponsor 5 continue to yield. 6 ACTING PRESIDENT GRIFFO: Senator 7 Golden, will you yield for an additional 8 question from Senator Adams? 9 SENATOR GOLDEN: I do. Two more 10 questions. 11 ACTING PRESIDENT GRIFFO: Senator 12 Adams. 13 SENATOR ADAMS: You stated that 14 he will in fact know, if they know. Again I 15 ask, how would the average person in here 16 that's not a police officer, how would they 17 know if a person is a police officer? 18 SENATOR GOLDEN: He would or she 19 would know by identifying themselves as police 20 officers to the individual with a badge, or 21 with uniform. Or in plainclothes. 22 SENATOR ADAMS: Okay, I don't 23 need the two more questions. I just needed 24 that one. 25 On the bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: On the 2 bill, Senator Adams. 3 SENATOR ADAMS: Yes. We just had 4 a series of cases, one was on Long Island, 5 where we had an individual who dressed as a 6 police officer, raped and sodomized a group of 7 women. He had a shield, he had a badge, he 8 had a uniform. 9 We just had a case in the Bronx 10 where an individual dressed as a firefighter 11 knocked on the door and gained entry into a 12 woman's home, raped her, stood in the 13 apartment for several hours. 14 We had an incident in Queens, out 15 in Senator Smith's district, I believe, where 16 an individual carried a shield and ID card and 17 went around raping young ladies, based on 18 identification. 19 To argue this point, and I will 20 continue to argue, this is a very dangerous 21 precedent. The last time I argued, I got 22 several emails from family members who were 23 concerned. 24 To buy a shield and a badge is 25 easy. You could buy duplicate shields,

Candyco Transcription Service, Inc.

(518) 371-8910 1 duplicate badges. You could buy police 2 uniforms. You could walk inside a store and 3 you can purchase a police uniform. 4 Our children gain knowledge of 5 policing by watching "CSI" and "Hill Street 6 Blues." They don't know who's a police 7 officer. 8 And you don't have to look at only 9 the racial component of it, you can just look 10 at the average child as hanging out, having a 11 couple of beers with his friends. He decides 12 to lie because he doesn't want his parents to 13 find out. Now that child is going to be 14 arrested and charged with a misdemeanor 15 because he lied. 16 I said in our conference, children 17 lie. Children say, No, I didn't clean my room 18 when the room is dirty. Children say, No, I 19 didn't hang out after school. Children say, 20 I'm truant. You know, children lie. They do. 21 We all lied before when we were children. 22 Let's not all of a sudden believe we have a 23 halo over our head when in fact we got a tail. 24 Because we know we lied as children. 25 Do we want to incarcerate 18-,

Candyco Transcription Service, Inc.

(518) 371-8910 1 19-year-olds merely because they told a lie? 2 That's where this problem stands. I will 3 support this bill, Senator Golden, if you are 4 willing to state that if in fact a person who 5 lied to a police officer, was found out to 6 commit a crime, then we will add this on as an 7 additional charge. I think that's a perfect 8 charge to add on, that they in fact lied to a 9 police officer. We can add this on after we 10 find out that this person committed a crime. 11 But to state merely that an action 12 that's indicative of a young person is now 13 going to become a crime, that's troubling. 14 And then we have to look at the public safety 15 aspect of it, that now anytime someone stops 16 18-year-old Jane in the middle of the night, 17 they are in plain civilian clothes but they 18 show a shield or ID card and say: Young Jane, 19 I'm a police officer. Who are you? What's 20 your name? Follow me. 21 Anytime someone stops our children 22 on their way to college, anytime they stop our 23 children on the way from a party or another 24 event, anytime our children decide to hang 25 out -- do we understand what we're stating

Candyco Transcription Service, Inc.

(518) 371-8910 1 here? 2 In an environment where police 3 identification is readily available. It's not 4 that it's illegal to sell a shield or a badge. 5 A child doesn't know the difference between a 6 real shield and a fake shield. In fact, many 7 police officers don't know the difference 8 between the countless number of shields from 9 Buffalo down to Brooklyn. 10 There are many different police 11 departments, many different identifications, 12 many different agencies that fall into that 13 guideline. 14 So this is a very dangerous bill, 15 and we need to think this through. I don't 16 want to be the person that stated I voted for 17 a bill like this when a young 13-year-old 18 stated she followed the person or relented to 19 his inquiries based on we said this is the 20 law. 21 This is a dangerous bill. And 22 although your intentions are right, I will 23 hope that you will pull the bill back and 24 state that if in fact a person was found to 25 commit a crime, this would be attached on as

Candyco Transcription Service, Inc.

(518) 371-8910 1 an additional charge. To charge a person 2 merely because they did not identify 3 themselves I think is the wrong way to go. 4 And there are case precedents that 5 show you people use identification of police 6 officers to gain access, they use 7 identifications of police officers to lure our 8 children, they use identification of police 9 officers to carry out criminal behavior. 10 And we are now breaking down years 11 and years of instructions to our children of 12 all ethnicity. This is not a black issue. 13 All ethnicity, we've all went through the 14 routine practice of what we want our children 15 to do when a stranger speaks with them. In 16 one bill we're going to dismantle all that 17 training. We've got to rewrite the 18 conversation that we have with our young 19 children because we believe that they should 20 speak to a person because he has a silver 21 piece of metal in his hand and he says "I am 22 the police." 23 That's wrong. And any police 24 official in this state will tell you there are 25 too many criminals that identify themselves

Candyco Transcription Service, Inc.

(518) 371-8910 1 with the terms "I am the police," when in fact 2 they're not the police, they're there to 3 commit a crime. 4 I am going to vote, again, nay for 5 this bill in hopes that the Senator will 6 change it to include that if a person in fact 7 committed a crime and don't allow this bill to 8 stand alone. And as we debated, let's think 9 about those kids up in the pew here. And what 10 are we telling them? If you were to interview 11 each one of those children and ask them what 12 do your parents state to you when a stranger 13 stops and talks to you, they'll tell you, "My 14 parents told me not to talk to strangers." 15 There is no subscript: don't talk 16 to strangers unless he has a silver shield. 17 That's what they told the young girl on Long 18 Island that was raped. 19 Thank you, Mr. President. 20 ACTING PRESIDENT GRIFFO: Any 21 other Senator wishing to be heard? 22 Senator Thompson. 23 SENATOR THOMPSON: Yes, I have 24 one question. If the sponsor will yield for 25 one question, please.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Golden, will you yield for a question? 3 SENATOR GOLDEN: I do. 4 ACTING PRESIDENT GRIFFO: Senator 5 Thompson. 6 SENATOR THOMPSON: Yes, through 7 you, Mr. President. 8 Senator, I just have one question 9 for you, and I had a couple of comments. Will 10 this bill allow for people who are stopped by 11 individuals in plainclothes to be charged if 12 they don't respond or show ID to plainclothes 13 people, whether they're not malls, 14 supermarkets or -- 15 SENATOR GOLDEN: No, this -- 16 Mr. President. 17 ACTING PRESIDENT GRIFFO: Senator 18 Golden. 19 SENATOR GOLDEN: This bill does 20 not require anybody to show ID, number one. 21 Okay? 22 Number two, if a police officer 23 identifies himself, I dare to say that would 24 be the wrong avenue to take, to argue that 25 that police officer may not be a police

Candyco Transcription Service, Inc.

(518) 371-8910 1 officer because he has a shield or an 2 identification card or a uniform. 3 So if the individual is stopped and 4 fails to give his name or her name and he or 5 she is about to commit or has committed a 6 crime, then that individual will be given a 7 summons. 8 SENATOR THOMPSON: Through you, 9 Mr. President. Does that address the issue of 10 people with plainclothes, if people are 11 stopped by a person with plainclothes? 12 ACTING PRESIDENT GRIFFO: Senator 13 Golden, will you continue to yield for the 14 question? 15 SENATOR GOLDEN: Yes, 16 Mr. President. 17 The police departments across the 18 state of New York work both in uniform and in 19 plainclothes, and this applies to both. 20 SENATOR THOMPSON: On the bill, 21 sir. 22 ACTING PRESIDENT GRIFFO: Senator 23 Thompson, on the bill. 24 SENATOR THOMPSON: The concern 25 that I have -- and I understand the spirit of

Candyco Transcription Service, Inc.

(518) 371-8910 1 my colleague, and I think his spirit is 2 genuine and his spirit is sincere. The 3 concern that I have is the growing number of 4 pedophiles that we have, sexual predators, 5 individuals who will prey on our young people. 6 Many of our young people are don't talk to 7 strangers. 8 If we had isolated the issue of the 9 plainclothes -- I mean, years ago there were 10 problems where individuals were stopped on our 11 various state highways by individuals in 12 unmarked cars, and they were raping women, 13 molesting women and abusing people. 14 And now, in my neighborhood alone, 15 we had a block club -- we have a block club 16 and we had an individual who would come to the 17 block club meetings, a sexual predator, I 18 think a high-number sexual predator. And 19 people never knew it. The individuals were 20 inviting this person into their house, and 21 they never knew. 22 Now, imagine now, once the block 23 club members found out, they disseminated the 24 information. And I'm just very concerned that 25 in this day and age with so many sexual

Candyco Transcription Service, Inc.

(518) 371-8910 1 predators out here, the access to the 2 Internet, the access to police badges and 3 identification -- I'm extremely concerned 4 about that. 5 But I do understand the spirit. I 6 do believe as well that we should make sure 7 that when people are stopped that they must be 8 easily identifiable by way of a uniform. I 9 agree with my colleague that it is easier to 10 access police uniforms. But I believe that 11 just allowing people to come in plainclothes 12 would not be a good idea. I think that we 13 should reconsider that. 14 And hopefully the sponsor will 15 consider making an amendment to that to say 16 that individuals must be easily identifiable 17 by way of a uniform. And I really would hope 18 that you would consider that. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Thompson. 21 Any other Senator wishing to speak? 22 Senator Perkins. 23 SENATOR PERKINS: Through you, 24 Mr. President, I have a question. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Golden, will you yield for a question? 2 SENATOR GOLDEN: I do. 3 ACTING PRESIDENT GRIFFO: Senator 4 Perkins. 5 SENATOR PERKINS: Thank you. 6 Would you explain to me the term 7 "Terry stop"? 8 ACTING PRESIDENT GRIFFO: Senator 9 Golden. 10 SENATOR GOLDEN: "Terry stop" is 11 a expression that is used in the police 12 departments across -- there was a case in the 13 Supreme Court where it approved the ability to 14 do a stop on an individual that they suspected 15 or it is suspected that this individual is 16 about to commit a crime or had committed a 17 crime. 18 SENATOR PERKINS: May I ask 19 another question? 20 ACTING PRESIDENT GRIFFO: Senator 21 Golden, will you yield for an additional 22 question from Senator Perkins? 23 SENATOR GOLDEN: Yes. 24 ACTING PRESIDENT GRIFFO: Senator 25 Perkins.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR PERKINS: And upon 2 introducing that one is a cop, a police 3 officer, does one indicate why that person is 4 being stopped for identification, what 5 potential crime or what type of incident has 6 taken place that calls for that? 7 SENATOR GOLDEN: In the City of 8 New York we have stops and frisks that are 9 that are filled out on every stop in the City 10 of New York. A stop is a -- again, when they 11 believe there is a suspicion of a crime being 12 committed or about to be committed, the police 13 officer can stop. 14 And in this particular case, it 15 would allow that police officer who would be 16 identified to ask questions such as "What is 17 your name?" And if you fail to give that 18 individual your name, you risk the option of 19 being arrested. 20 SENATOR PERKINS: May I ask 21 another question. 22 ACTING PRESIDENT GRIFFO: Senator 23 Golden, will you yield for an additional 24 question? 25 SENATOR GOLDEN: I do.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Perkins. 3 SENATOR PERKINS: At what point 4 is the individual informed as to why they're 5 being stopped? 6 ACTING PRESIDENT GRIFFO: Senator 7 Golden. 8 SENATOR GOLDEN: That is up to 9 the officer, to make that information 10 available to that individual. 11 SENATOR PERKINS: May I? 12 ACTING PRESIDENT GRIFFO: Senator 13 Golden, do you continue to yield? 14 SENATOR GOLDEN: I do. 15 ACTING PRESIDENT GRIFFO: Senator 16 Perkins. 17 SENATOR PERKINS: At any point 18 are you required to indicate why you're being 19 stopped? 20 SENATOR GOLDEN: No, 21 Mr. President. 22 SENATOR PERKINS: May I continue 23 with another question? 24 ACTING PRESIDENT GRIFFO: Senator 25 Golden, do you continue to yield?

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR GOLDEN: Two more 2 questions, Mr. President. 3 SENATOR PERKINS: No problem. 4 ACTING PRESIDENT GRIFFO: Senator 5 Perkins. 6 SENATOR PERKINS: At any point 7 does the individual ever get an explanation 8 for being stopped? 9 ACTING PRESIDENT GRIFFO: Senator 10 Golden. 11 SENATOR GOLDEN: I don't know any 12 particulars -- I don't know the particular 13 that you're talking about. 14 In a court, police will have to 15 prove that there was reasonable suspicion if 16 that individual is taken in. So if that 17 person is issued a summons for failing to give 18 his or her name, they would have to prove that 19 there was reasonable suspicion to stop that 20 individual in the first place. 21 This is not a run down the street, 22 jump on a bunch of kids, frisk them, put them 23 in a car because they failed to give their 24 name, and lock them up. And it's not about an 25 individual that is a plainclothes officer that

Candyco Transcription Service, Inc.

(518) 371-8910 1 you have questions if that individual is in 2 fact a police officer. 3 If that person -- if you have 4 questions if that individual is not a police 5 officer, you have a right to ask that officer 6 to identify himself. And if that individual 7 fails to identify himself, you don't have to 8 give that name. 9 SENATOR PERKINS: One final 10 question, and that's this, if I may. 11 SENATOR GOLDEN: Yes. 12 ACTING PRESIDENT GRIFFO: Senator 13 Golden, will you yield? 14 SENATOR GOLDEN: Yes, 15 Mr. President. 16 ACTING PRESIDENT GRIFFO: Senator 17 Perkins. 18 SENATOR PERKINS: My concern is 19 that officers stop, they ask for ID, you know, 20 for identification, they're given the 21 identification -- 22 SENATOR GOLDEN: There's no 23 identification here. This is about a name. 24 There's no identification. 25 SENATOR PERKINS: Or they give a

Candyco Transcription Service, Inc.

(518) 371-8910 1 name -- 2 ACTING PRESIDENT GRIFFO: Senator 3 Perkins, do you continue to request that he 4 yield? 5 SENATOR GOLDEN: That's the last 6 question, I think. 7 ACTING PRESIDENT GRIFFO: You 8 indicated that that was your final question. 9 Do you wish to ask a question? 10 SENATOR PERKINS: Yes, I do. 11 ACTING PRESIDENT GRIFFO: Senator 12 Golden, will you yield for an additional 13 question? 14 SENATOR GOLDEN: Last question. 15 SENATOR PERKINS: I just want to 16 finish what I had here. 17 ACTING PRESIDENT GRIFFO: Senator 18 Perkins. 19 SENATOR PERKINS: I just want to 20 finish -- 21 ACTING PRESIDENT GRIFFO: Your 22 question, sir. 23 SENATOR PERKINS: A person is 24 stopped, they're asked to identify themselves. 25 They identify themselves. Apparently by

Candyco Transcription Service, Inc.

(518) 371-8910 1 virtue of the Terry stop precedent. At no 2 point that person is told why they're being 3 required to identify themselves. 4 And that can continue with at no 5 point being told why I'm being stopped to 6 identify myself. Yes or no? 7 SENATOR GOLDEN: Mr. President. 8 ACTING PRESIDENT GRIFFO: Senator 9 Golden. 10 SENATOR GOLDEN: The police 11 officer is building suspicion to get to 12 probable cause for an arrest. He asks the 13 name. If you don't want to give that name, 14 don't give the name. But if you don't give 15 the name, you risk being arrested for that. 16 An officer stops, they do tell you 17 why they're stopping you. They just don't run 18 down the street willy-nilly and put people in 19 cuffs. 20 ACTING PRESIDENT GRIFFO: Senator 21 Perkins, on the bill. 22 SENATOR PERKINS: On the bill. 23 I'm going to have to vote against 24 this bill. Because what you believe is the 25 reality is in fact not the reality. Too often

Candyco Transcription Service, Inc.

(518) 371-8910 1 a lot of young men that I represent -- by the 2 way, including a nephew of mine -- are stopped 3 in the playground, in the neighborhood park, 4 and asked to identify themselves and have even 5 cooperated and identified themselves, not 6 having done anything wrong, and wind up in the 7 precinct. At which point parents and/or 8 lawyers have to go and make arrangements, 9 sometimes with great difficulty, to get them 10 back home. Sometimes even having to suffer 11 the child going through the system, especially 12 if it's on the weekend. 13 So I'm not quite sure if this goes 14 overboard in terms of what you might 15 reasonably be trying to accomplish. I'm not 16 quite sure if this is one of those slippery 17 slopes that creates an opportunity for an 18 excessive amount of stopping and asking and 19 stopping and asking that can, at minimum, be a 20 matter of harassment. 21 So I'm not going to be able to 22 support this. And I'll be voting against this 23 bill. Thank you. 24 ACTING PRESIDENT GRIFFO: Is 25 there any other Senator wishing to be heard?

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Sampson. 2 SENATOR SAMPSON: If the sponsor 3 would yield for a question. 4 ACTING PRESIDENT GRIFFO: Senator 5 Golden, will you yield for a question? 6 SENATOR GOLDEN: I do, Senator. 7 ACTING PRESIDENT GRIFFO: Senator 8 Sampson. 9 SENATOR SAMPSON: Through you, 10 Mr. President. If there is no reasonable 11 suspicion established why the police officer 12 stopped this individual, does the arrest then 13 become void? 14 ACTING PRESIDENT GRIFFO: Senator 15 Golden. 16 SENATOR GOLDEN: Yes, it would. 17 SENATOR SAMPSON: So there -- 18 through you, Mr. President. 19 ACTING PRESIDENT GRIFFO: Do you 20 continue to yield, Senator Golden? 21 SENATOR GOLDEN: I do, 22 Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Sampson. 25 SENATOR SAMPSON: So therefore,

Candyco Transcription Service, Inc.

(518) 371-8910 1 if at that point in time the individual gave 2 the police officer the wrong identification or 3 misrepresented himself, at that point in time, 4 if he was arrested on those charges, that 5 would too be voided? 6 ACTING PRESIDENT GRIFFO: Senator 7 Golden. 8 SENATOR GOLDEN: I'm not sure I 9 understand the question, Mr. President. 10 ACTING PRESIDENT GRIFFO: Senator 11 Sampson, can you rephrase? 12 SENATOR SAMPSON: Let me rephrase 13 the question. 14 If in fact the stop was no 15 reasonable suspicion to stop them but the 16 individual gave the police officer the 17 incorrect information or misidentified 18 himself, at that point in time, even though 19 the stop was no reasonable suspicion, would he 20 still be charged or arrested for violating 21 that segment of this piece of legislation? 22 ACTING PRESIDENT GRIFFO: Senator 23 Golden. 24 SENATOR GOLDEN: Mr. President, 25 the Senator is a prominent attorney. He knows

Candyco Transcription Service, Inc.

(518) 371-8910 1 that the legislation states that there has to 2 be reasonable suspicion. 3 So the legislation -- he'd have to 4 have reasonable suspicion before he stopped 5 that individual stopped that individual to ask 6 him or her their name. 7 SENATOR SAMPSON: So therefore -- 8 ACTING PRESIDENT GRIFFO: Are you 9 asking the sponsor to continue to yield? 10 SENATOR SAMPSON: Yes. 11 ACTING PRESIDENT GRIFFO: Senator 12 Golden, would you continue to yield? 13 SENATOR GOLDEN: I do. 14 ACTING PRESIDENT GRIFFO: Senator 15 Sampson. 16 SENATOR SAMPSON: Through you, 17 Mr. President. So as a result of that -- so 18 therefore if the stop is no reasonable 19 suspicion, so therefore the police officer's 20 arresting of that individual would therefore 21 be voided, then, because he had no reasonable 22 suspicion to stop them him in the first place? 23 ACTING PRESIDENT GRIFFO: Senator 24 Golden. 25 SENATOR GOLDEN: Yes,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President. 2 SENATOR SAMPSON: On the bill. 3 ACTING PRESIDENT GRIFFO: Senator 4 Sampson, on the bill. 5 SENATOR SAMPSON: Senator Golden, 6 you know, I do concur, and the spirit is 7 great. And you're right about that, we 8 shouldn't misidentify or misrepresent 9 ourselves to police officers. 10 But in neighborhoods like 11 Brownsville, East New York, neighborhoods I 12 represent, you know, that's not the reality. 13 You know, police officers stop you on the spur 14 of the moment, they don't identify themselves. 15 And all of a sudden, when you ask them, "Why 16 did you stop me?" all of a sudden, just 17 because you were on a corner with a bunch of 18 youth, they figured you were up to something. 19 And I'll never forget when I was in 20 Bedford-Stuyvesant, when I newly got elected 21 to the State Senate, you know, I was riding in 22 a very expensive car, riding down the street, 23 and the police officers just stopped me. And 24 they indicated to me -- I said, "Why did you 25 stop me?" He said: "Well, you didn't use

Candyco Transcription Service, Inc.

(518) 371-8910 1 your signal indicators to show you were making 2 a right turn." 3 I said: "Officer, I'm going 4 straight through. I'm not making a turn." I 5 said, "Give me another one. I'm a lawyer. 6 Give me another one." 7 He said, "Well, you know, you're 8 driving an expensive car. We didn't see cars 9 like this in the neighborhood before." And 10 you're talking about a young educated black 11 man going through this. 12 The issue is what is reality -- is 13 what happens in Brownsville and East New York, 14 it's not reality. They get stopped on the 15 whim of the moment. And now we're saying just 16 because you give them the wrong 17 identification, you're labeling it as a 18 misdemeanor. 19 So when these young people look for 20 jobs and the first thing on the job 21 application is, one -- it's not only have you 22 been convicted, have you been arrested? And 23 at that point in time they have to indicate. 24 And will that be used against them when 25 they're looking for a job? Yes, it will.

Candyco Transcription Service, Inc.

(518) 371-8910 1 So as a result, I understand the 2 spirit of this bill, but we have to be 3 realistic in what's going on. Amadou Diallo 4 tried to show his identification; he wound up 5 with 41 bullets inside of him. So at the end 6 of the day, what is reality? 7 So at this point in time, 8 Mr. President, I will be voting no on this 9 bill. 10 ACTING PRESIDENT GRIFFO: Is 11 there any other Senator that wishes to be 12 heard? 13 Senator Diaz. 14 SENATOR DIAZ: Thank you, 15 Mr. President. 16 ACTING PRESIDENT GRIFFO: Are you 17 on the bill? 18 SENATOR DIAZ: Yes, sir, on the 19 bill. 20 ACTING PRESIDENT GRIFFO: Senator 21 Diaz, on the bill. 22 SENATOR DIAZ: And I would like 23 to congratulate you today on the floor, and 24 send my regards to your parents. 25 ACTING PRESIDENT GRIFFO: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you, Senator Diaz. 2 SENATOR DIAZ: Senator Golden is 3 a New York State Senator. He was, before, a 4 police officer. Now, as a State Senator, 5 Senator Golden is the chairman of the Aging 6 Committee. And I have to say that I love 7 Senator Golden as the chairman of the Aging 8 Committee. 9 I mean, he's such a great chairman 10 of the Aging Committee that I have yet to see 11 one bill that Senator Golden has submitted in 12 benefit of the aging that I disagree. 13 Everything that he submits for Aging is great. 14 But every time that he changes 15 clothes as an ex-police officer, we've got 16 problems. It's a different person. It's a 17 different bill. It's a different motivation, 18 I believe. 19 And, Senator Golden, I will keep 20 loving you as the chairman of the Aging 21 Committee. But I have to say that I don't 22 like you as an ex-police officer. You always, 23 every time -- this is a bill that, you know, 24 is -- and even though sometimes I ask myself 25 when the Majority submits a bill, it's going

Candyco Transcription Service, Inc.

(518) 371-8910 1 to pass. There is no reason why we should be 2 questioning and asking and saying and bringing 3 good reason why the bill should not be passed. 4 The bill will pass no matter what. 5 Sometimes I say that's -- to me 6 that is a sign of futility. But then yet we 7 have to understand that we have to try to 8 reason and bring reasons to people why the 9 bill should not pass. This is one of them. 10 This is one of the bills that is very 11 detrimental. 12 I have a staff member, he was 13 crossing George Washington Bridge, he came to 14 the office crying. Shaking, crying. So he 15 came to me, and I say "What happened?" He 16 can't even speak, he was crying, crying, 17 crying. I said, "What happened?" 18 "I was stopped by a police officer. 19 And I asked the police officer, 'Why are you 20 stopping me?' The police officer told me: 21 'Shut the f--- up.' So he continued writing. 22 I said, 'But, Officer, why have I been 23 stopped?' He said, 'Didn't I tell you to shut 24 the f--- up?'" 25 And he pushed him, boom, against

Candyco Transcription Service, Inc.

(518) 371-8910 1 the car. The guy is a man. He took that 2 humiliation, and he just cried like a baby. 3 Cried, cried. He wanted to kill the police 4 officer, he said. But he just took it. And 5 he just came to the office shaking and crying, 6 with a ticket in his hand. 7 And that is a problem that we face 8 in our communities. That is a problem that 9 our youth faces and our people face. I was 10 stopped, my car has a license plate saying 11 "Senate 52." Two police officers stopped me. 12 My rear light, one of my left rear lights 13 stopped -- the light didn't work. 14 They stopped me. I stopped. Put 15 my hands on the wheel. They came up, say: 16 "Sir, driver's license and registration." I 17 said: "Can I" -- (gesturing). They say yes. 18 So then I get up, I get out of the 19 car. The police officer, the two of them, one 20 woman and one man, they tell: "You see that 21 light? It's not working, sir." 22 I said, "Okay, I'm sorry. I'm 23 going to have to fix it." So the lady says: 24 "What the f--- you think you are?" I said 25 "What? Excuse me?" "What the f---" -- oh,

Candyco Transcription Service, Inc.

(518) 371-8910 1 okay. After I had identified myself as a 2 State Senator. 3 So what I'm telling you is, Senator 4 Golden, as the chairman of the Aging 5 Committee, you're great. But to understand 6 what our community goes through, you're lousy. 7 (Laughter.) 8 SENATOR DIAZ: So therefore, I 9 have to say we have to vote -- even though the 10 bill will pass, even though the bill will pass 11 and will be approved and it seems like an 12 exercise in futility, we -- I'm voting no on 13 this bill. 14 Thank you very much. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Diaz. 17 Senator Maziarz, on the bill. 18 SENATOR MAZIARZ: Mr. President, 19 in less than 30 seconds. 20 Unlike my favorite Democratic 21 member, Senator Diaz, I love Senator Golden as 22 chairman of the Aging Committee and I love 23 Senator Golden as an ex-police officer and 24 sponsor of this very good bill which was on 25 the floor last week, I believe.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Golden has done the right 2 thing, he's made it a better bill. I vote in 3 the affirmative. 4 Thank you. 5 ACTING PRESIDENT GRIFFO: Thank 6 you, Senator Maziarz? 7 SENATOR MAZIARZ: Was that less 8 than 30 seconds? 9 ACTING PRESIDENT GRIFFO: Very 10 good. 11 Any other Senator wishing to speak? 12 Debate is closed. The Secretary 13 will ring the bells. 14 Senator Adams. 15 SENATOR ADAMS: Senator Sampson, 16 would you yield for a question, please? 17 ACTING PRESIDENT GRIFFO: Senator 18 Sampson, will you yield for a question? 19 SENATOR SAMPSON: Yes, I yield 20 for a question. 21 ACTING PRESIDENT GRIFFO: Senator 22 Adams. 23 SENATOR ADAMS: Senator Sampson, 24 when a person -- you being an attorney, when a 25 person in fact committed a crime, when they

Candyco Transcription Service, Inc.

(518) 371-8910 1 have in fact committed a crime, are they 2 issued Miranda warnings? 3 ACTING PRESIDENT GRIFFO: Senator 4 Sampson. 5 SENATOR SAMPSON: You should be 6 issued a Miranda warning, yes. 7 SENATOR ADAMS: Would he continue 8 to yield? 9 ACTING PRESIDENT GRIFFO: Senator 10 Sampson, will you continue to yield? 11 SENATOR SAMPSON: Yes. 12 SENATOR ADAMS: Are part of those 13 Miranda warnings indicate you have a right to 14 remain silent? 15 SENATOR SAMPSON: Yes, that's 16 correct. 17 SENATOR ADAMS: Would he continue 18 to yield. 19 ACTING PRESIDENT GRIFFO: Senator 20 Sampson, do you continue to yield to Senator 21 Adams? 22 SENATOR SAMPSON: Yes. 23 ACTING PRESIDENT GRIFFO: Senator 24 Adams. 25 SENATOR ADAMS: So based on this

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill, if a person in fact committed a murder 2 and he did not identify himself as a police 3 officer, would he be charged with a crime? 4 SENATOR SAMPSON: If he did not 5 identify himself as a police officer? 6 SENATOR ADAMS: To a police 7 officer. 8 SENATOR SAMPSON: Yes, he would 9 be charged with a crime, yes. Under this 10 bill, if he did not identify himself. 11 SENATOR ADAMS: So is -- thank 12 you, Senator. 13 ACTING PRESIDENT GRIFFO: Senator 14 Adams, do you wish to continue to ask a 15 question? Or are you on the bill? 16 SENATOR ADAMS: No, I do not. 17 Thank you. 18 ACTING PRESIDENT GRIFFO: The 19 debate is closed. The bell is being rung. 20 The house will come to order. We 21 will read the last section. 22 I want to remind the members that 23 we will be following Rule 9, Section 3(e), 24 which allows for two-minute explanations. The 25 summer solstice will be joining us in the next

Candyco Transcription Service, Inc.

(518) 371-8910 1 90 minutes. 2 Last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT GRIFFO: Senator 9 Adams, to explain his vote. 10 SENATOR ADAMS: I'm going to 11 vote no, and I'm going to encourage my 12 colleagues on both sides of the aisle to do 13 so. 14 This is one of those bills that it 15 crosses neighborhoods, it crosses 16 philosophies, it crosses ethnicities, it goes 17 to the foundation of what we do as adults, as 18 parents, on how we instruct our children. 19 I believe that Senator Golden, his 20 spirit is right, but there's some technical 21 aspects that can have some serious 22 implications on what takes place in our 23 neighborhoods, around our schools. 24 The issues of plainclothes officers 25 or people who pretend to be police officers,

Candyco Transcription Service, Inc.

(518) 371-8910 1 law enforcement officers, there are some 2 serious questions here, and we need to think 3 clear of them before we vote. 4 I vote no on this bill. 5 ACTING PRESIDENT GRIFFO: Senator 6 Adams to be recorded in the negative. 7 Please raise your hands, continue 8 to raise your hands. 9 Senator Montgomery, to explain her 10 vote. 11 SENATOR MONTGOMERY: Yes, 12 Mr. President, briefly to explain my vote. 13 This bill is one of those subtle, 14 nuanced approaches to racial profiling. It 15 sort of puts it into law, and it also gives 16 the police an opportunity to charge a person, 17 particularly a young person -- that's who I'm 18 primarily concerned about -- with a crime for 19 no other reason except that person, even 20 though the person didn't commit a crime, 21 wasn't about to commit a crime, was nowhere 22 near a criminal act, but they could still be 23 charged with a crime, an A misdemeanor crime. 24 And, Mr. President, I spend a bit 25 of time in court. And who do I see in those

Candyco Transcription Service, Inc.

(518) 371-8910 1 courts? In fact, as recently as last week I 2 was called on the phone, on my cellphone here 3 in Albany, because the police had swept up 4 several of the young men in my district. They 5 were in a park next to a school. And I had to 6 call in to vouch for them so that they would 7 not be prosecuted. 8 So this is a very serious issue. 9 It is not -- it's not something that we just 10 are talking about. It's very, very, very 11 serious. 12 So I'm adamantly opposed to this. 13 And I say to you, Mr. President, there is no 14 other reason for this legislation except to 15 create a crime associated with this so-called 16 failure to identify. 17 So I appreciate all of the 18 explanations, they're all excellent. But I 19 want you to know right here and now that I 20 consider this to be a racial profiling 21 legislation which gives the police, which 22 sanctions the police stopping -- not only 23 stopping and frisking, but charging a young 24 person for no apparent reason. 25 Thank you. I'm voting no.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Montgomery to be recorded in the negative. 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1569 are 6 Senators Adams, Breslin, Connor, Diaz, Duane, 7 Gonzalez, Hassell-Thompson, L. Krueger, 8 Montgomery, Oppenheimer, Parker, Perkins, 9 Sabini, Sampson, Savino, Serrano, Smith, 10 Stavisky and Thompson. 11 Absent from voting: Senators 12 Huntley, C. Kruger and Schneiderman. 13 Ayes, 40. Nays, 19. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1882, by Senator Wright, Senate Print 6176A, 19 an act to amend the General Business Law. 20 SENATOR LIZ KRUEGER: 21 Explanation. 22 ACTING PRESIDENT GRIFFO: 23 Explanation, Senator Wright. 24 SENATOR WRIGHT: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The bill before us is a wireless 2 telephone consumer bill. It provides for 3 uniform disclosures and detailed information, 4 for the first time requiring that of the 5 wireless telephone industry in this state. 6 This is an effort to establish 7 uniformity among the major providers of the 8 wireless industry. It is a bill that has been 9 developed working with AARP and the five major 10 wireless providers in the state. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Wright. 13 Senator Krueger. 14 SENATOR LIZ KRUEGER: Thank you, 15 Mr. President. If through you the sponsor 16 would please yield. 17 ACTING PRESIDENT GRIFFO: Senator 18 Wright, will you yield for a question from 19 Senator Krueger? 20 SENATOR WRIGHT: Yes, I will, 21 Mr. President. 22 ACTING PRESIDENT GRIFFO: Senator 23 Krueger. 24 SENATOR LIZ KRUEGER: Thank you. 25 Does this bill address the primary

Candyco Transcription Service, Inc.

(518) 371-8910 1 concern that I have been receiving memos about 2 that would allow a customer of a cellphone 3 service to have 15 days after their first bill 4 before -- and allow them to cancel after 5 they've had 15 days after the first bill, so 6 they can actually see for the first time what 7 the real cost of this contract will be for 8 them? 9 ACTING PRESIDENT GRIFFO: Senator 10 Wright. 11 SENATOR WRIGHT: Through you, 12 Mr. President. No, this does not provide for 13 a mandatory 15-day repayment. 14 What it provides for is a 15 disclosure of the various requirements, fees, 16 the trial periods and whether or not there is 17 an early termination date. 18 What we have attempted to recognize 19 here is the need to provide uniform disclosure 20 and detailed information yet at the same time 21 recognizing that the wireless industry is in 22 fact a national industry, the wireless plans 23 are in fact national plans. 24 And we have been very conscious not 25 to insert provisions that would put New York

Candyco Transcription Service, Inc.

(518) 371-8910 1 State at a competitive disadvantage and make 2 requirements that only apply to New York 3 State, thereby increasing the cost to 4 consumers in New York State. 5 SENATOR LIZ KRUEGER: Thank you, 6 Mr. President. If the sponsor would continue 7 to yield. 8 ACTING PRESIDENT GRIFFO: Senator 9 Wright, will you yield for an additional 10 question? 11 SENATOR WRIGHT: Yes, I will, 12 Mr. President. 13 ACTING PRESIDENT GRIFFO: Senator 14 Krueger. 15 SENATOR LIZ KRUEGER: Thank you. 16 The other serious issue that has 17 been raised when people come to talk to me 18 about the need to do consumer protection for 19 people with the cellphone industry is the 20 ability to file a complaint and have it 21 resolved. 22 Is there a complaint resolution 23 mechanism in your bill for consumers? 24 SENATOR WRIGHT: Through you, 25 Mr. President, yes, there is.

Candyco Transcription Service, Inc.

(518) 371-8910 1 There is a very specific procedure 2 that requires the Consumer Protection Board of 3 this state to receive and catalog the 4 complaints. And as part of that, we have a 5 requirement that they will issue a report and 6 an analysis of those complaints a year from 7 now -- excuse me, two years from now -- so 8 that we have data to evaluate the nature of 9 the complaints and the ability to address 10 those complaints if necessary. 11 SENATOR LIZ KRUEGER: Through 12 you, Mr. President, if the sponsor would 13 continue to yield. 14 ACTING PRESIDENT GRIFFO: Senator 15 Wright, will you continue to yield? 16 SENATOR WRIGHT: Yes, I will, 17 Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Krueger. 20 SENATOR LIZ KRUEGER: So if I 21 heard your answer correctly, Senator, I could 22 make a complaint, the Consumer Protection 23 Board would then record the complaint and tell 24 us, the Legislature, later. But could the 25 Consumer Protection Board do anything to

Candyco Transcription Service, Inc.

(518) 371-8910 1 address my complaint? 2 ACTING PRESIDENT GRIFFO: Senator 3 Wright. 4 SENATOR WRIGHT: Mr. President, 5 through you. Yes, the Consumer Protection 6 Board can address those complaints. 7 The intent is to ensure that the 8 complainant uses and makes available the 9 complaint services provided by the provider. 10 One has to recognize that this is a highly 11 competitive industry, and therefore the 12 providers of service are very intent on 13 retaining their customers. They don't want to 14 lose those customers, they want to resolve the 15 complaints, so the focus is on the provider 16 resolving the complaint. 17 In the absence of that, then 18 there's a provision for the Consumer 19 Protection Board to intervene. 20 SENATOR LIZ KRUEGER: Mr. 21 President, on the bill. 22 ACTING PRESIDENT GRIFFO: Senator 23 Krueger, on the bill. 24 SENATOR LIZ KRUEGER: Thank you. 25 I appreciate the sponsor's answers to my

Candyco Transcription Service, Inc.

(518) 371-8910 1 questions. 2 I don't think his bill does what we 3 need to do. He said they've worked on this 4 with AARP. I'm sure that's true. But as of 5 today, AARP has put in a memo of opposition 6 urging us not to vote for this bill. They 7 would far prefer we vote for a bill by Senator 8 Flanagan, S3293. 9 And the reasons are that they are 10 very disturbed that they would not have an 11 option to cancel after receiving the first 12 bill and having 15 days to review that bill 13 and understand technically what they've walked 14 themselves into. 15 They would also prefer a model 16 where if they made a complaint about being 17 misinformed or being provided wrongful 18 information by their provider, that there 19 would be actually a mechanism to resolve the 20 complaint, not just report the complaint. 21 I certainly agree with the sponsor 22 that the cellphone industry is a competitive 23 industry and that they want to keep us as 24 customers. But my analysis of agreement with 25 that leads me to the opposite analysis, which

Candyco Transcription Service, Inc.

(518) 371-8910 1 is they're certainly not going to flee 2 New York State. 3 New York State is one of the ripest 4 territories for getting more and more 5 customers in the cellphone industry -- the 6 division of the phone industry, by the way, 7 that they want to grow because they don't have 8 to worry about putting wires in the ground or 9 showing up at your house. So it's a much more 10 cost-effective model for them. 11 They're certainly not going to flee 12 New York. They desperately want our business. 13 I think New York State has a long, important 14 history of having important consumer 15 protections, of representing the interests of 16 our people through consumer protection laws 17 that may not match any other state in the 18 country. 19 And the fact is we do have the 20 ability, the power, the authority and I think 21 the obligation to protect customers under our 22 consumer protection laws. And so while I 23 agree this is a bill that attempts to go 24 partway, it doesn't go far enough for me. 25 I would very much like us to take

Candyco Transcription Service, Inc.

(518) 371-8910 1 up Senator Flanagan's bill, which has an 2 Assembly cosponsor, and which would require 3 disclosure, provide estimates of total monthly 4 bills. It would include more detailed 5 coverage maps of where the phones will work. 6 It would allow consumers to cancel their 7 cellphone contracts 15 days after receiving 8 their first bill without penalty. It would 9 require cellphone companies to disclose to 10 customers the 911 capabilities of the system. 11 There's nothing that says we in 12 New York can't pass good, smart consumer 13 protections. I respect Senator Flanagan for 14 putting out a bill that does that. I wish 15 that was the bill we were voting on today, 16 because I'd be voting yes on that bill. 17 But I'll be voting no on this bill, 18 Mr. President. Thank you. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Krueger. 21 Does other Senator wishing to be 22 heard? 23 Senator Wright. 24 SENATOR WRIGHT: Thank you, 25 Mr. President. On the bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Wright, on the bill. 3 SENATOR WRIGHT: I'd like to 4 point out a couple of pieces of information 5 for clarification. 6 Unfortunately, I was not given the 7 courtesy of the memo of opposition, so I'm not 8 aware of what it contains. What I do know is 9 that we convened a meeting of the 10 representatives of AARP here in New York 11 State, the national representatives of AARP, 12 and the five major providers in this state. 13 As a result of a daylong series of 14 meetings and dialogue, this was the outcome. 15 And it also reflects modifications as 16 requested by AARP. So they were full 17 participants. We wanted to ensure a 18 cooperative venture. 19 I'm not suggesting that this is the 20 bill they prefer. Clearly it is not. But it 21 is the bill that I believe is in the best 22 interests of New York State. 23 The provisions reflected in the 24 Flanagan bill, in fact, as requested by AARP, 25 are consistent with regulations imposed in

Candyco Transcription Service, Inc.

(518) 371-8910 1 California. Unfortunately, those regulations 2 had exactly what we had predicted, and that 3 was adverse impacts on the consumer and 4 adverse costs. As a result, those 5 requirements were rescinded by the California 6 Utility Board. 7 Similarly, Connecticut has looked 8 at it and opted to study the issue rather than 9 impose standards. 10 So to date there is no state that 11 has imposed standards. We would be the first 12 under this proposal. And in turn, it provides 13 the disclosure and protection necessary for 14 informed consumers to make informed decisions. 15 Equally important, I did not 16 suggest that the cellphone providers would 17 leave this state. We know full well that 18 New York is a large market, and in fact it's a 19 very competitive market. That is not the 20 issue. The issue is adding additional costs 21 to the consumers in this state. 22 And that's what happens when you 23 set a separate set of standards for one state 24 when you have a national industry with 25 national standards and national plans.

Candyco Transcription Service, Inc.

(518) 371-8910 1 We have attempted to bridge that 2 gap, ensuring that our consumers have 3 appropriate and necessary disclosure 4 information to make clear choices in a 5 competitive market without any added costs or 6 burden to that consumer. 7 Thank you, Mr. President. 8 ACTING PRESIDENT GRIFFO: Thank 9 you, Senator Wright. 10 Any other Senator wishing to be 11 heard? 12 Debate is closed. The Secretary 13 will ring the bells. 14 Read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect on the 180th day. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT GRIFFO: The 21 Secretary will announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1882 are 24 Senators Adams, Breslin, Connor, Diaz, Duane, 25 Flanagan, Gonzalez, Hassell-Thompson, Huntley,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Klein, L. Krueger, C. Kruger, Montgomery, 2 Onorato, Oppenheimer, Parker, Perkins, Sabini, 3 Sampson, Savino, Serrano, Stachowski and 4 Stavisky. Also Senator Thompson. 5 Absent from voting: Senator 6 Schneiderman. 7 Ayes, 37. Nays, 24. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 2006, by Senator O. Johnson, Senate Print 13 1353A, an act to amend the Vehicle and Traffic 14 Law. 15 SENATOR LIZ KRUEGER: 16 Explanation. 17 ACTING PRESIDENT GRIFFO: An 18 explanation has been requested, Senator 19 Johnson. 20 SENATOR OWEN JOHNSON: This is 21 referred to as the Segway bill. It's an 22 electric personal assistive mobility device, a 23 two-wheel, tandem-wheel thing powered by an 24 electric motor which you can move around on, 25 up to 12 miles an hour.

Candyco Transcription Service, Inc.

(518) 371-8910 1 New York City doesn't want it 2 there, it's not going to be there. But they 3 are using it for their police, so they must 4 find some value in it as far as portability 5 goes and moving around. 6 This allows it to be used anyplace 7 where it's not prohibited in the state of 8 New York, with the exception of the city, 9 which is off-limits. Localities can make 10 their own regulations about it. But generally 11 speaking, it's allowed to be used alongside 12 any roadway, sidewalk, or walkway and so on -- 13 in-line skating aisle, bicycle path, whatever. 14 And I think they've proved very 15 valuable in the industry and very valuable I 16 think in many cases for moving around your own 17 community. 18 If a person under 16 uses it, rides 19 it, he has to wear a helmet and so on and so 20 on. 21 Any other questions or comments? 22 ACTING PRESIDENT GRIFFO: Senator 23 Krueger, do you wish to ask Senator Johnson a 24 question? 25 SENATOR LIZ KRUEGER: Yes, I do,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President. You were reading my mind. 2 ACTING PRESIDENT GRIFFO: Senator 3 Johnson, do you yield? 4 SENATOR OWEN JOHNSON: Yes, I 5 will. 6 ACTING PRESIDENT GRIFFO: Perhaps 7 we can adjust the mike for Senator Johnson. 8 Senator Krueger? 9 SENATOR LIZ KRUEGER: Thank you 10 very much, Mr. President. Just two questions. 11 We have debated this bill before. 12 I have voted against it before. I am 13 delighted to see that the City of New York is 14 now out of this bill, because I had great 15 concerns about it in the high-density City of 16 New York. 17 But this bill also takes the 18 Segway, or the electric personal assistive 19 mobility device, out of motor vehicle, Vehicle 20 and Traffic Law. 21 So does that mean -- see, if it was 22 a motor vehicle, there would be insurance 23 requirements on it. Since it's now removed 24 from motor vehicle law, does that mean that 25 the owner/rider would have no insurance

Candyco Transcription Service, Inc.

(518) 371-8910 1 requirements on them? And if so, what happens 2 if, let's say, I'm driving one, I hit someone 3 it's no longer a vehicle under motor vehicle 4 law. Does the person I harmed have any 5 redress to me since I'm not required to have 6 insurance? 7 ACTING PRESIDENT GRIFFO: Senator 8 Krueger, can you repeat that question, please, 9 directly? 10 SENATOR LIZ KRUEGER: Certainly. 11 I'll try to simplify it. 12 My understanding is under this bill 13 one of these devices would not be defined as a 14 vehicle under motor vehicle law. But it could 15 still hit someone. And so if I was the person 16 who was hit, would I have any right to sue? 17 Would that person have any obligation for 18 insurance who hit me? 19 Because if they were driving a 20 small motorcycle, they would have insurance 21 under New York State law. I think they 22 wouldn't be required to have insurance under 23 this law, and I'm wondering if I'm right. 24 ACTING PRESIDENT GRIFFO: Senator 25 Johnson.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR OWEN JOHNSON: If persons 2 cause injury or damage to another person's 3 property, in many instances you're not 4 required to have liability insurance, but you 5 can be sued or people can take you to court 6 and get compensation. 7 Same way here. It's my impression 8 that this would be just categorized as a 9 bicycle, it's so slow and really a very safe 10 vehicle, pedestrian-safe. If you run into 11 them, you bounce off a little bit. 12 So probably your homeowner's 13 insurance would cover that, and I think 14 that's -- so we didn't get into the insurance. 15 It's not a motor vehicle as such under the 16 insurance law. Under motor vehicle law, I 17 mean. 18 So I think you're on your own. But 19 it's just like a bicycle or your kid's on 20 in-line skates, runs into somebody on the 21 sidewalk. Same situation. 22 SENATOR LIZ KRUEGER: Thank you. 23 On the bill, Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Krueger, on the bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR LIZ KRUEGER: Well -- 2 SENATOR OWEN JOHNSON: I might 3 add that 47 other states have adopted this 4 already, including most of our surrounding 5 states. And they haven't raised that problem 6 there. 7 ACTING PRESIDENT GRIFFO: Thank 8 you, Senator Johnson. 9 Senator Krueger, on the bill. 10 SENATOR LIZ KRUEGER: Thank you, 11 Mr. President. 12 Well, I have a memo here from the 13 New York State Conference of Mayors and 14 Municipal Officials saying it's an unfunded 15 mandate, that while they'll have the ability 16 to opt out of this law and choose not to have 17 these vehicles used on their sidewalks and/or 18 on their roadways or highways -- and I agree 19 with them that I think it is an unfunded 20 mandate. 21 I'm also, again, concerned that we 22 have no-fault and insurance for other 23 motorized vehicles that are used on our 24 streets but this would no longer recognize 25 these devices as a vehicle but, as Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Johnson aptly said, more like a bicycle. My 2 concern of course is I'm not sure they are 3 like bicycles. I think they are, perhaps, 4 more like electronic scooters. 5 And so I still wonder whether we 6 are making the right decision by saying it's 7 okay unless a locality goes through the 8 process of voting not to make it okay in their 9 communities. 10 But I also recognize that it's very 11 different in Senator Johnson's district than 12 it is in my own district. I do understand 13 that the uses or the concerns in a rural or a 14 suburban area, or an area with large 15 sidewalks, or an area with large bike paths, 16 may be different than the City of New York. 17 So since a city of a million or 18 more -- hence, the City of New York -- would 19 still not allow these vehicles, despite my 20 continuing concerns about liability and safety 21 and traffic congestion patterns on sidewalks 22 and roads, I will vote for the bill this year 23 and hope that we educate all the towns and 24 townships and villages in this state to their 25 right to say no, this isn't going for work for

Candyco Transcription Service, Inc.

(518) 371-8910 1 us, we don't want these vehicles on our 2 streets and/or on our sidewalks. 3 I also think there continues to be 4 a problem in the bill involving the right to 5 declare that you are disabled and therefore 6 need to use one of these even if your local 7 town or village is opposed to them, because it 8 doesn't have the same standard of disability 9 and proof of disability that we require for 10 people to prove disability for special permits 11 and documentation for cars and other vehicles. 12 So with continuing concerns, but 13 with respect for other localities' rights to 14 make their own decisions, this year I'll vote 15 yes. 16 Thank you, Mr. President. 17 ACTING PRESIDENT GRIFFO: Thank 18 you, Senator Krueger. 19 Any other Senator wishing to be 20 heard? 21 Debate is closed. The Secretary 22 will ring the bells. 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 2006 are 8 Senators Leibell, Marcellino, Morahan, 9 Oppenheimer, Sabini and Saland. 10 Absent from voting: Senator 11 Schneiderman. 12 Ayes, 56. Nays, 6. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 2024, by Senator Bonacic, Senate Print 6294 -- 18 SENATOR KLEIN: Explanation. 19 ACTING PRESIDENT GRIFFO: 20 Explanation, Senator Bonacic. 21 SENATOR BONACIC: Thank you, 22 Mr. President. 23 This is an act to amend the 24 Retirement and Social Security Law in relation 25 to the investment of public funds with

Candyco Transcription Service, Inc.

(518) 371-8910 1 companies doing business with nations 2 identified as state sponsors of terrorism. 3 The bill directs the New York State 4 Comptroller to refrain from investing pension 5 funds in companies that do business with or in 6 nations identified as state sponsors of 7 terrorism. 8 I was motivated to do this 9 legislation by an article that I had seen in 10 the Wall Street Journal within the last ten 11 days by a Sarah Steelman, who's the Missouri 12 state treasurer. And she is on a campaign 13 with all of the states in the country to do 14 legislation of this nature. 15 But as far as I'm concerned, when 16 we put money into the hands of terrorists, 17 it's equivalent to arming the terrorists. Our 18 state pension fund is somewhere between 19 $140 billion and $145 billion. And we should 20 not be supporting or investing in those 21 companies that profit from doing business with 22 these terrorist nations. 23 Our country has a balanced set of 24 statutes which determine who is or isn't a 25 state terrorist. There are factual inquiries,

Candyco Transcription Service, Inc.

(518) 371-8910 1 and it's determined by the conduct of those 2 nations. And it's not political inquiries to 3 be determined by the politics of our own 4 nation. 5 There are five presently on the 6 list. It is Cuba, it is Iran, it is North 7 Korea, it is Sudan and it is Syria. 8 You know, President Bush, when he 9 spoke on the days following 9/11, said -- and 10 I'm not going to get into whether his deeds 11 matched his words, but his words were good. 12 He said: "Either you are with us or with the 13 terrorists." Let's not allow our public 14 employee monies to be with the terrorists. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Bonacic. 17 Senator Klein. 18 SENATOR KLEIN: On the bill, 19 Mr. President. 20 ACTING PRESIDENT GRIFFO: Senator 21 Klein, on the bill. 22 SENATOR KLEIN: I welcome Senator 23 Bonacic to the fight against terrorism 24 involving our pension fund. 25 I was very proud that this past

Candyco Transcription Service, Inc.

(518) 371-8910 1 Sunday I was joined by Senator Eric Adams, 2 Senator Craig Johnson, and Senator Toby 3 Stavisky, where we announced legislation that 4 I introduced about a month ago really that 5 mirrors what Senator Bonacic is trying to pass 6 today. 7 In addition to the legislation, we 8 also released a very comprehensive analysis of 9 the New York State pension fund. As Senator 10 Bonacic said, New York State's pension fund is 11 the second largest in the United States. And 12 it's a total of $140 billion serving about 13 995,000 members. 14 One of the things we were able to 15 do is by taking a look at the pension fund's 16 equity investments, we passed it on to an 17 organization which specializes in analyzing 18 pension funds all over the United States to 19 see if any of the companies that these pension 20 funds are invested in are in turn supporting 21 countries that are sponsoring terror. 22 As Senator Bonacic said, there are 23 several nations which are on the State 24 Department's index or watch list. And the 25 countries that I'm concerned about are North

Candyco Transcription Service, Inc.

(518) 371-8910 1 Korea, Iran, Sudan, as well as Syria. When I 2 in turn passed our information from our 3 New York State pension fund to this 4 organization, called Conflict Securities, when 5 that they ran their analysis, we found, lo and 6 behold, that our $140 billion pension fund, 7 $14 billion of that pension fund is indeed 8 invested in corporations that are in turn 9 doing business with one of these four nations. 10 That's 16 percent of our total 11 pension fund investments, our equity fund 12 investments, and it represents 232 companies. 13 And these aren't small investments. Some of 14 these investments are quite large. 15 As a matter of fact, upon further 16 analysis, we were able to find some of the 17 investments that are over $100 million in the 18 New York State pension fund. And again, these 19 are companies that are in fact doing business 20 with these nations that are sponsoring terror. 21 Over $500 million in the New York 22 State pension fund invested in the Chevron 23 Corporation, which has a connection and does 24 business with Sudan. ConocoPhillips, total 25 investment of $402 million, does business with

Candyco Transcription Service, Inc.

(518) 371-8910 1 Iran and Syria. Coca-Cola, over $249 million 2 in investments, does business with Iran, North 3 Korea, Sudan as well as Syria. Royal Dutch 4 Shell, over $209 million in investments, does 5 business with Iran, Sudan and Syria. There 6 are several others on this list as well. 7 I think it's very, very important 8 for us in New York State not to be behind the 9 curve but ahead of the curve. There's several 10 states out there, like California, like 11 New Jersey, like Florida, as well as Missouri, 12 that have passed comprehensive legislation 13 which would indeed give the state comptroller 14 the ability and discretion to divest, if 15 necessary, from these companies that do 16 business with one of these four nations. 17 We've done this in the past. This 18 is not something that's new. We've used 19 social investing very, very well in New York 20 State on a lot of very, very important issues. 21 We were able to change policies in South 22 Africa and end apartheid through the power of 23 our pension. We were able to change things in 24 Northern Ireland, again because of our pension 25 fund.

Candyco Transcription Service, Inc.

(518) 371-8910 1 When Alan Hevesi was state 2 comptroller, he brought the Swiss banks to 3 their knees when they weren't properly paying 4 reparations to Holocaust survivors. The list 5 goes on and on. 6 Again, I think this has come a time 7 when New York State, while we're sending our 8 men and women overseas each and every day to 9 fight a war on terror, we're not using our 10 most lethal weapon against terrorism, our 11 $140 billion pension fund. 12 I think also it's worth looking at 13 history once again. By actually sponsoring a 14 company or investing in a company that does 15 business with a nation like Iran, where 16 there's clear evidence that they're sponsoring 17 terror, that's the equivalent of the United 18 States investing in, let's say, Nazi Germany 19 or Imperial Japan in 1941. 20 You know, I think we really have to 21 use the power of our pension fund. Maybe not 22 necessarily to divest, but certainly I think 23 we can certainly change policies in these 24 corporations to, I think, help us fight the 25 war on terror.

Candyco Transcription Service, Inc.

(518) 371-8910 1 So while I support this legislation 2 and I congratulate Senator Bonacic for 3 actually bringing this before us today, I 4 think this is a long road. And I hope all of 5 us here today, both sides of the aisle, in a 6 bipartisan fashion can show that New York 7 State will not be behind the curve, that we 8 will join California, we will join Missouri, 9 we will join Florida and these other states in 10 really using the leverage, our financial 11 resources, that we have invested in our 12 pension funds to do some good and do our part 13 in New York State to help fight terror. 14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Klein. 17 Senator Craig Johnson. 18 SENATOR CRAIG JOHNSON: Thank 19 you. On the bill. 20 ACTING PRESIDENT GRIFFO: Senator 21 Johnson, on the bill. 22 SENATOR CRAIG JOHNSON: I want to 23 commend and congratulate Senator Bonacic for 24 this piece of legislation. 25 And I also want to commend my good

Candyco Transcription Service, Inc.

(518) 371-8910 1 friend Jeffrey Klein for the legislation which 2 is a similar piece, that when we spoke on 3 Father's Day in New York City in front of the 4 U.N. to make the point that this really is not 5 just a New York effort but a worldwide effort 6 to force divestiture in these nations. 7 I introduced a bill last month that 8 would authorize the Comptroller to divest from 9 Iran. It has an Assembly same-as piece, 10 sponsored by Chuck Lavine. And it's ready to 11 be passed, that we can take the first step to 12 authorize our Comptroller, Tom DiNapoli, to 13 start the process to divest from foreign 14 companies that do business in Iran. 15 Because that right now is probably 16 the greatest threat in the Middle East. They 17 are starting a nuclear program. Everyone 18 knows about that. They are funding terrorist 19 activities not just in Iraq, but also, in 20 likelihood, in Palestine and fostering the 21 problems in the Palestine/Israel conflict. 22 And, quite frankly, they are the greatest 23 threat to our greatest friend in the Middle 24 East, Israel. 25 But I'm happy to stand up here and

Candyco Transcription Service, Inc.

(518) 371-8910 1 support this bill that Senator Bonacic has put 2 forth. We have to address certain particular 3 issues that make a little bit more complex. 4 For instance, we as a country are not 5 permitted to have our companies divest in Iran 6 or North Korea or Sudan. A little bit of a 7 difficulty is that there is no law that 8 prohibits U.S. companies from investing in 9 Syria. That's something we should probably 10 address. That's something we should have our 11 Congress take up. Because Syria is a threat 12 to stability in the Middle East, and this is a 13 an issue that we should be urging our 14 representatives in Congress to take up. 15 But right now we need to move this 16 forward. I'm going to work with you, Senator 17 Bonacic, to find an Assembly sponsor. I 18 didn't see anywhere there was an Assembly 19 sponsor. But I'm going speak to my 20 colleagues, my friend in the Assembly. Even 21 the Assembly sponsor for my Iran legislation, 22 Chuck Lavine. Hopefully we can get him maybe 23 to get on board and move this forward, because 24 it's so important. 25 We really do have to put our money

Candyco Transcription Service, Inc.

(518) 371-8910 1 where our mouth is, so to speak. And we 2 really need to have our strength of our 3 pension fund say no to investing in companies 4 that invest in countries that do terrorist 5 activities. 6 So I congratulate you, Senator 7 Bonacic. I congratulate you, Jeffrey Klein, 8 Senator Klein, for your leadership. And I 9 thank you very much. 10 I will be voting yes, 11 Mr. President. Thank you. 12 ACTING PRESIDENT GRIFFO: Senator 13 Duane, on the bill. 14 SENATOR DUANE: Thank you, 15 Mr. President. 16 I was pleased to vote for Senator 17 Robach's legislation regarding the State 18 Comptroller's using our pension funds as a way 19 to stop the genocide in the Darfur. And in 20 addition, I also reached out to the Governor 21 and to the Comptroller on that issue. 22 In regard to specifically this 23 legislation, I think that the embargo that 24 we've had against Cuba is frankly stupid. And 25 because they are included on the U.S. list, I

Candyco Transcription Service, Inc.

(518) 371-8910 1 think that makes this legislation 2 unfortunately one that I can't support. And I 3 think that that's been a ill-conceived policy 4 and one which has actually stopped the 5 relationship and in fact the spread of 6 democracy in that nation. 7 So I'm going to be voting in the 8 negative when it comes up for a vote here, 9 Mr. President. 10 ACTING PRESIDENT GRIFFO: Is 11 there any other Senator wishing to be heard? 12 Senator Perkins. 13 SENATOR PERKINS: Through you, 14 Mr. President, I'd like to ask the sponsor a 15 quick question. 16 ACTING PRESIDENT GRIFFO: Senator 17 Bonacic, will you yield for a question? 18 SENATOR BONACIC: Of course. 19 ACTING PRESIDENT GRIFFO: Senator 20 Perkins. 21 SENATOR PERKINS: Thank you so 22 much. 23 Just in your remarks you mentioned 24 some of the countries that this legislation 25 might apply to. I'm not sure if you meant

Candyco Transcription Service, Inc.

(518) 371-8910 1 that the legislation applied to them or if it 2 was just some countries that you were 3 mentioning. 4 I just want to be clear about Cuba. 5 Because as my colleague noted, I don't also 6 see Cuba as a terrorist nation. And I was 7 wondering if this legislation actually applies 8 to Cuba as well. 9 ACTING PRESIDENT GRIFFO: Senator 10 Bonacic. 11 SENATOR BONACIC: It does. 12 The United States Department of 13 State determines the countries which are 14 deemed to be sponsors of terrorism. And Cuba 15 in particular has been designated since March 16 1st of 1982 and has continued with that 17 designation on all of the presidents from '82 18 to the present time. 19 ACTING PRESIDENT GRIFFO: Senator 20 Perkins. 21 SENATOR PERKINS: On the 22 legislation, Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Perkins, on the bill. 25 SENATOR PERKINS: On the bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I appreciate the explanation. And 2 I also very much appreciate what it is that 3 you're attempting to do. In fact, 4 conceptually and in many details, I actually 5 would be supportive of it and would commend 6 you in the direction that you're suggesting 7 that we should go. 8 But as you mentioned, Cuba still 9 being on that list is a concern of mine. And 10 so I therefore will not be able to be 11 supportive of this bill. But you can be sure 12 that we're on the same wavelength otherwise. 13 ACTING PRESIDENT GRIFFO: Senator 14 Larkin, on the bill. 15 SENATOR LARKIN: Thank you, 16 Mr. Speaker. 17 First I'd like to congratulate my 18 colleague Senator Bonacic for being 19 forthright. And I thank Senator Klein, we've 20 talked before about some of the issues, and 21 Johnson. But I think specifically what 22 Senator Bonacic is really laying out is a 23 clear plan of what we should be doing. 24 You know, we look everyday at the 25 media, we look at the TV, we listen to the

Candyco Transcription Service, Inc.

(518) 371-8910 1 radio, we read papers, and we understand where 2 the world is at. But we're the leaders of the 3 free world, and we have to take some 4 positions. 5 I understand what Senator Perkins 6 said he can't -- I understand what Senator 7 Duane said he can't adjust to it. But let's 8 be realistic. We have a golden opportunity 9 now, in conjunction with our Comptroller, to 10 put forth some restrictions on what we do with 11 our pension funds. We're not talking about 12 the State Legislature's pension fund, we're 13 talking about pension funds. We're talking 14 about the responsibilities and authority we 15 want the Comptroller to do. 16 We can't stand around and say this 17 is wrong, this is wrong, this is wrong and 18 then when something happens, well, why didn't 19 you do something? What we're basically saying 20 in this legislation is that we want to give 21 some power to the Comptroller and let him look 22 at it. 23 This is serious business. And I 24 think we've got to open our eyes and not just 25 say, Well, I don't like it because of this. I

Candyco Transcription Service, Inc.

(518) 371-8910 1 think you'd better start to think. You'd 2 better start to think. Because this is 3 serious business. 4 Someone just said let's look at 5 Syria, let's look at this here and let's look 6 at that. This is a step right up. I strongly 7 suggest you think about how you vote on this 8 bill. I'm voting aye. 9 ACTING PRESIDENT GRIFFO: Thank 10 you, Senator Larkin. 11 Senator Serrano. 12 SENATOR SERRANO: Thank you, 13 Mr. President. 14 I also rise to echo the concerns of 15 many of my colleagues regarding the inclusion 16 of Cuba on this list. I think the fact that 17 Cuba is listed, and not other countries with 18 similar political persuasions, such as China, 19 shows that there is a political slant to the 20 information provided by the State Department. 21 And I would say that since the 22 State Department's information is the basis of 23 this bill, that we should consider that the 24 information is not good. And if we continue 25 to disinvest, and Senator Duane talked about

Candyco Transcription Service, Inc.

(518) 371-8910 1 the embargo, illegal embargo -- but if we 2 continue to disinvest in places like Cuba, all 3 we are doing is hurting the people of that 4 island nation. 5 So it's very important that we 6 think long and hard and not paint with a broad 7 brush and simply say that all of these on this 8 list are bad and therefore we should not 9 invest. We should look at the politics behind 10 it and the politics back in 1982 in which Cuba 11 was then put on this list and see, has Cuba -- 12 can anyone in this chamber tell me has Cuba 13 been a threat to our national security? It's 14 really not. 15 And we need to revisit our 16 relationship with Cuba. And I think we also 17 need to revisit, in this legislation, the 18 inclusion of that country and really go after 19 the countries that sincerely wish to do harm 20 to this nation. 21 Thank you. 22 ACTING PRESIDENT GRIFFO: Senator 23 Stavisky. 24 SENATOR STAVISKY: Thank you, 25 Mr. President. And thank you, Senator Klein,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Bonacic, for bringing this issue to 2 our attention. 3 I wish Cuba were not on the list. 4 But there are four countries that are on the 5 list. And we know that North Korea and the 6 Sudan and Syria -- and there's one more -- 7 Iran, these four nations are on the list. 8 There are foreign investments. 9 This is something I think extremely 10 important. Divestiture has been successful 11 over the years. It worked with apartheid 12 until there was a government change in South 13 Africa. This is something that can work. And 14 it seems to me that New York State pension 15 funds can be invested in a fiscally 16 responsible manner to have a good return on 17 the investment and at the same time that we 18 act in a socially responsive and responsible 19 manner. 20 And I think it's extremely 21 important that New York State begin its 22 divestiture of funds in countries that there's 23 no question do support terror, and those four 24 countries do. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 chair recognizes Senator Diaz for a very brief 3 explanation. 4 SENATOR DIAZ: Thank you, 5 Mr. Chairman. 6 This is a great bill, and I 7 congratulate Senator Bonacic on this bill. 8 The only thing that I question is, are we 9 willing to stop such a good bill because Cuba 10 is included? Are we now becoming the Cuban 11 ambassador here? I believe Cuba has Hugo 12 Chavez to spend his oil money there. 13 So please, ladies and gentlemen, 14 we're talking business here. We're talking 15 very serious threats against our country, our 16 nation, and we're saying Cuba, Cuba, Cuba. 17 Cuba -- Fidel has been there for 18 40-some years, and he's still alive and 19 kicking. And now he has Hugo Chavez to help 20 him. So don't come here saying that we cannot 21 support this bill and let Iran and Iraq and 22 all those terrorist nations getting away 23 because of Cuba. 24 This is a good bill. I'm voting in 25 favor of it.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Thank 2 you, Senator Diaz. Is there any other Senator 3 that wishes to be heard? 4 Debate is closed. The Secretary 5 will ring the bells. 6 The Secretary will read the last 7 section. 8 THE SECRETARY: Section 4. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT GRIFFO: Senator 14 Hassell-Thompson, to explain her vote. 15 SENATOR HASSELL-THOMPSON: Thank 16 you, Mr. President. Just very briefly. 17 I appreciate the sentiment and the 18 intent of this bill, but I will have to vote 19 no with the inclusion of Cuba. Cuba does not 20 fall into the category of the intent of this 21 bill as I understood it. So I will in fact be 22 voting no. 23 ACTING PRESIDENT GRIFFO: Senator 24 Hassell-Thompson to be recorded in the 25 negative.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Perkins, to explain his 2 vote. 3 SENATOR PERKINS: Thank you, 4 Mr. President. I just want to explain my vote 5 a little bit. 6 You know, I again can't express 7 enough my appreciation to the sponsor for the 8 direction in which this bill is going, again 9 with the exception of having included Cuba. 10 Cuba, quite the opposite of being a terrorist, 11 has an outstanding record of being an 12 ambassador of goodwill, especially for 13 developing countries, whether it be in Africa, 14 whether it be in South America. 15 So I know the history of why that 16 country has been declared a terrorist. But 17 you know, Nelson Mandela was declared a 18 terrorist and spent quite a few years in jail 19 because of that. And so, you know, 20 yesterday's terrorists are really today's 21 heroes and freedom fighters. 22 And so I just want to hope that we 23 can move the State Department, if necessary, 24 to get the record straight. Because Cuba is 25 quite a remarkable accomplishment for a lot of

Candyco Transcription Service, Inc.

(518) 371-8910 1 underdeveloped countries as a way to become 2 successful. 3 Thank you. 4 ACTING PRESIDENT GRIFFO: Senator 5 Perkins, how do you vote? 6 SENATOR PERKINS: I'm voting in 7 the negative. Thank you. 8 ACTING PRESIDENT GRIFFO: Senator 9 Perkins will be recorded in the negative. 10 Senator Volker. 11 SENATOR VOLKER: Mr. President, I 12 normally don't get into these esoteric 13 debates, but may I remind some people that 14 Cuba almost got us into World War III when the 15 Russian missiles were moved to Cuba? 16 And let me remind you that a lot of 17 the aid they've given to those counties is 18 guns and weapons. You know, it's still a 19 totalitarian country. And I realize that 20 Fidel Castro is a very clever guy and has put 21 all kinds of stuff out that he's really a 22 wonderful guy and he's a great guy. 23 You only need to talk to some of 24 the people in Florida who came from Cuba. 25 They will tell you about what a wonderful

Candyco Transcription Service, Inc.

(518) 371-8910 1 fellow he is and what a wonderful country Cuba 2 is. 3 I'm always amazed at the fact that 4 some people seem to think just because you 5 haven't bombed anybody lately, or that you 6 haven't killed anybody that we know of, that 7 they're a fine country. But we know one 8 thing. They're not on our side, that's for 9 sure. And not only are they not on our side, 10 they're on the side of communist countries all 11 over the world. 12 So I just have a problem -- I'm not 13 so worried about Cuba, I'm a lot more worried 14 about other people, except for one thing. 15 Cuba sits right next to us. And they are a 16 very dangerous country. 17 I vote aye. 18 ACTING PRESIDENT GRIFFO: Senator 19 Volker to be recorded in the affirmative. 20 Senator Parker, to explain his 21 vote. 22 SENATOR PARKER: Mr. President, 23 to explain my vote. 24 First let me thank Senator Bonacic 25 for his work on this bill. This is really,

Candyco Transcription Service, Inc.

(518) 371-8910 1 really important, really critical for our 2 nation. I will be voting aye on this bill 3 because I think that it's incredibly important 4 that we put our money where our mouth is, or, 5 in this case, take our money out of places 6 that are in fact presenting a danger to this 7 country. 8 But I certainly have some concerns 9 about Cuba being involved in this list. I 10 think we should not be ahistorical about this 11 and we should understand that if you have a 12 problem with Fidel Castro, understand that 13 this government put Fidel Castro in power. If 14 anybody's interested in a little history 15 lesson, my office is 517, and I'll go through 16 it with you year by year. 17 A man educated in this country and 18 put up against the Battista government. So, 19 you know, we should not -- we should be very, 20 very careful about how we talk about these 21 things. 22 But this is an important bill and I 23 think that this piece of it, although 24 important, does not -- is not a poison pill 25 for this particular bill. So I'll be voting

Candyco Transcription Service, Inc.

(518) 371-8910 1 aye. 2 ACTING PRESIDENT GRIFFO: Senator 3 Parker to be recorded in the affirmative. 4 I was concerned that Senator 5 Brodsky might want to explain his vote too -- 6 Assemblyman Brodsky. 7 Senator Robach to explain his vote, 8 the pride of Brockport. 9 SENATOR ROBACH: Yes, 10 Mr. President, just briefly. I rise to 11 support this. 12 And earlier this year we passed a 13 bill to do similar measures in Darfur, which 14 everyone knows what's going on there. Very 15 bad atrocities, the women, children, 16 displacement. Don't even like to think about 17 what's going on there. 18 And unfortunately the need for 19 these types of bills comes from a variety of 20 reasons in response to these terrible 21 atrocities. We really, in today's world -- I 22 would like to think that a place like the U.N. 23 would rise, when there's such obvious acts of 24 terrorism and even worse in some cases, where 25 people are being killed, hurt, maimed,

Candyco Transcription Service, Inc.

(518) 371-8910 1 civilians, not soldiers, people going about 2 their everyday life of all ages. But 3 unfortunately, that doesn't exist. 4 So the one thing we can do that is 5 meaningful in today's world is express 6 ourselves via the usage of our resources, our 7 dollars. And unfortunately, I think until 8 things get better in the world, we're going to 9 have to continue to try and take these steps 10 not only as New Yorkers but as human beings to 11 try and make the world a better place. 12 So I applaud Senator Bonacic for 13 this bill, and the others supporting this, and 14 proudly cast my vote in the affirmative. 15 ACTING PRESIDENT GRIFFO: Senator 16 Robach to be recorded in the affirmative. 17 Senator Nozzolio, to explain his 18 vote. 19 SENATOR NOZZOLIO: Mr. President, 20 I rise and ask to explain my vote. 21 I wish to be recorded in the 22 affirmative on this legislation. I was not 23 intending to rise, but when I heard the 24 comment that yesterday's terrorist could be 25 tomorrow's hero, it disturbed me greatly.

Candyco Transcription Service, Inc.

(518) 371-8910 1 There were 3,000 Americans, most of 2 whom were New Yorkers, that were shot out of 3 the sky because of terrorist-sponsored murder. 4 We shall not forget what occurred to our 5 nation and our state in the City of New York 6 on September 11th. I shudder to think that 7 anyone could characterize terrorist activities 8 in the words of heroism, on the side of the 9 terrorists. 10 The only heroes that we saw that 11 day of September 11th were those who gave 12 their lives so that others could live. And 13 the destruction of the terrorists to our 14 fabric of living in our society is deep, and 15 it shall not be forgiven. And it certainly 16 shall not be forgotten. 17 I'm shocked that that could ever be 18 characterized in such a trivial way. That we 19 have to do all we can to support legislation 20 like Senator Bonacic has brought to the floor 21 today, to send the signal that we will not 22 tolerate this type of activity against the 23 United States of America. That the largest, 24 most horrific crime ever to take place on 25 American soil took place that day because of

Candyco Transcription Service, Inc.

(518) 371-8910 1 terrorist activities. 2 And I rise with righteous 3 indignation and a great deal of sadness to 4 have to proclaim and to remind some that that 5 day was the culmination of terrorist 6 activities. And that the real heroes will 7 never be the terrorists. The real heroes were 8 those brave men and women, firefighters, 9 emergency medical personnel, police officers, 10 who risked their lives to save others in that 11 horrific tragedy. 12 Mr. President, I vote aye. 13 ACTING PRESIDENT GRIFFO: Senator 14 Nozzolio to be recorded in the affirmative. 15 Senator Serrano, to explain his 16 vote. 17 SENATOR SERRANO: Hi. Just to 18 clarify, Senator Perkins was mentioning Nelson 19 Mandela, who was called a terrorist and then 20 obviously proven otherwise. 21 Just to make sure that the record 22 reflects what was actually said by Senator 23 Perkins, he was referring to Nelson Mandela, 24 who I feel everyone in this chamber here 25 reveres as someone who did do many great

Candyco Transcription Service, Inc.

(518) 371-8910 1 things and continues to do so. 2 And I think it's shameful to use -- 3 to invoke the souls of those lost on September 4 11th to instill fear on this issue when we've 5 been talking about Cuba very specifically. We 6 all agree that what was done on September 11th 7 was horrible. But that should not preclude us 8 from being smart about a bill that includes 9 Cuba. 10 So I think it's important that we 11 not mix things up and continue to sully this 12 entire debate. We have to focus on what it 13 is, and that is the one point. 14 I vote no. 15 ACTING PRESIDENT GRIFFO: Senator 16 Serrano to be recorded in the negative. 17 Senator Diaz, to explain his vote. 18 I may remind you, Senator Diaz, we 19 are under Rule 9, Section 3. 20 SENATOR DIAZ: And that means two 21 minutes. 22 ACTING PRESIDENT GRIFFO: The 23 two-minute rule. 24 SENATOR DIAZ: No, I'll only take 25 one. Just to tell my colleague Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Serrano that it is not a shame to invoke the 2 memory of 9/11. 3 On the contrary, 9/11 shall never 4 be forgotten. And we always -- it will never 5 be forgotten. And it is not a scaring tactic 6 to invoke the memory of 9/11. 9/11, our city 7 was attacked by terrorists. That was 8 something that more than 3,000 people gave 9 their life -- firemen, police officers, 10 everybody. That's a day of shame, a day to 11 remember. 12 And I am sorry to hear my colleague 13 saying that it's a shame to invoke that 14 memory. No, it's not a shame. That is a day 15 that shall never be forgotten and shall be 16 always talking about in the memory so our 17 children, our nation and never we forget that 18 date. That's the day that should always be 19 remembered. 20 I'm voting yes. 21 ACTING PRESIDENT GRIFFO: Senator 22 Diaz to be recorded in the affirmative. 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 2024 are

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senators Duane, Gonzalez, Hassell-Thompson, 2 Perkins, and Serrano. 3 Absent from voting: Senator 4 Schneiderman. 5 Ayes, 56. Nays, 5. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 2026, by Senator Maziarz, Senate Print 6356, 11 an act to amend the Labor Law. 12 ACTING PRESIDENT GRIFFO: Senator 13 Little. 14 SENATOR LITTLE: Thank you, 15 Mr. President. 16 This is a bill that I have 17 supported in the past, and it deals with 18 public works projects and the prevailing wage 19 rate. But I do have a few questions that I 20 would like to ask the sponsor for purposes of 21 clarification. 22 So would the sponsor yield to a few 23 brief questions? 24 ACTING PRESIDENT GRIFFO: Senator 25 Maziarz, will you yield?

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR MAZIARZ: Certainly, 2 Mr. President. 3 ACTING PRESIDENT GRIFFO: Senator 4 Little. 5 SENATOR LITTLE: Thank you. 6 Thank you, Senator Maziarz. 7 Just to clear this up so that we 8 don't have any misunderstanding -- and I do 9 have a letter from the Association of Towns 10 also looking for clarification on this -- if, 11 and this happens in my district quite 12 frequently, a developer is building some 13 houses and he builds them on a cul-de-sac, he 14 builds the road and then, when the houses are 15 complete and the development is ready, the 16 town gets the deed to the road and takes over 17 that road to those houses. 18 My question to the sponsor is, 19 would the developer have to use -- would he be 20 required to use prevailing wage rates in 21 developing that road before it even becomes a 22 town road? 23 ACTING PRESIDENT GRIFFO: Senator 24 Maziarz. 25 SENATOR MAZIARZ: That is not the

Candyco Transcription Service, Inc.

(518) 371-8910 1 intent of this legislation, no. 2 SENATOR LITTLE: Thank you. 3 Also, if you live in the city, in 4 the city of Glens Falls, and your sidewalk is 5 in pretty disrepair, you can replace that. So 6 if I were to replace my sidewalk in front of 7 my house, would I be required -- would that be 8 considered a public works project? Would I be 9 required to use prevailing wage rate, is my 10 question to the sponsor. 11 ACTING PRESIDENT GRIFFO: Senator 12 Maziarz. 13 SENATOR MAZIARZ: Well, I think I 14 would comment that if you have a broken 15 sidewalk and you live in Glens Falls, you 16 should maybe consider moving to the city of 17 North Tonawanda, where they don't have broken 18 sidewalks. No, that's just a -- 19 (Laughter.) 20 SENATOR LITTLE: I will take 21 that under consideration. 22 SENATOR MAZIARZ: The answer it 23 your question is no, Senator. 24 SENATOR LITTLE: Thank you, 25 Senator.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Also, frequently when you are 2 building a house you need to do a sewer or 3 water hookup to a municipal water supply. 4 From the house to the sewer water hookup, is 5 that considered a public works project and 6 would prevailing wage be necessary? 7 ACTING PRESIDENT GRIFFO: Senator 8 Maziarz. 9 SENATOR MAZIARZ: No. No, it's 10 not the intent of this legislation. 11 SENATOR LITTLE: Thank you. I 12 believe that clarifies the intent of the 13 legislation, and I thank the sponsor for 14 responding. 15 SENATOR MAZIARZ: Thank you. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Little. Thank you, Senator 18 Maziarz. 19 Read the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect on the 60th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61. Nays,

Candyco Transcription Service, Inc.

(518) 371-8910 1 0. 2 Senator Schneiderman absent from 3 voting. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 The Secretary will read the 7 supplemental active list, noncontroversial. 8 THE SECRETARY: Calendar Number 9 531, by Senator Volker, Senate Print 3844A, an 10 act to amend the Penal Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 531 are 21 Senators Adams, Hassell-Thompson and Parker. 22 Ayes, 58. Nays, 3. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 532, by Senator Volker, Senate Print 3845A, an 2 act to amend the Penal Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 532 are 13 Senators Hassell-Thompson, Montgomery and 14 Parker. 15 Ayes, 58. Nays, 3. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 636, by Senator Skelos, Senate Print 4058B, an 20 act to amend the General Business Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 60th day. 25 ACTING PRESIDENT GRIFFO: Call

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 952, Senator Golden moves to 8 discharge, from the Committee on Rules -- 9 SENATOR DUANE: Lay it aside, 10 please. 11 THE SECRETARY: -- Assembly Bill 12 Number 8930 and substitute it for the 13 identical Senate Bill Number 4078A, Third 14 Reading Calendar 952. 15 ACTING PRESIDENT GRIFFO: The 16 substitution is ordered. 17 Senator Duane, do you wish to lay 18 it aside? 19 SENATOR DUANE: Yes, 20 Mr. President. 21 ACTING PRESIDENT GRIFFO: The 22 bill is laid aside. 23 The Secretary will continue to 24 read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1150, by Senator Libous, Senate Print 1589D, 2 an act to amend the Vehicle and Traffic Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 5. This 6 act shall take effect on the 180th day. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1193, by Senator Sabini, Senate Print 1725B, 15 an act to amend the Racing, Parimutuel 16 Wagering and Breeding Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT GRIFFO: Senator 25 Sabini, to explain his vote.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR SABINI: Thank you, 2 Mr. President, to explain my vote. 3 This bill comes out of the -- to 4 correct what I feel and many feel was an 5 inequity in racing law, where we had a 6 situation where, in an effort to broaden the 7 appetite for people at OTBs, that they could 8 see tracks from out of state and even other 9 countries, and that by doing that we would 10 protect New York's equine agriculture and 11 racing by making sure that the New York tracks 12 were held harmless if their handles from OTBs 13 dropped. 14 That was misused and misinterpreted 15 about a year and change ago, two years ago, 16 when one of our tracks stopped racing for a 17 long period of time and yet tried to bill the 18 OTBs money despite the fact that the OTBs were 19 then forced to pay for racing that didn't 20 exist. So this bill tries to correct that 21 inequity. 22 I want to thank Chairman Larkin for 23 his support on this and the various OTBs 24 around this state. It really just corrects 25 the intention of what the Legislature really

Candyco Transcription Service, Inc.

(518) 371-8910 1 wanted to happen, which is make everybody 2 whole here and ensure that our tracks and our 3 OTBs stayed flourishing or at least doing as 4 best they can in tough circumstances. 5 And as I said, I wanted to thank 6 Chairman Larkin for his support in this. I'll 7 be voting aye. Thank you. 8 ACTING PRESIDENT GRIFFO: Senator 9 Sabini to be recorded in the affirmative. 10 Announce the results. 11 THE SECRETARY: Ayes, 61. Nays, 12 0. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1938, by Senator Padavan, Senate Print 6267A, 17 an act to amend the Real Property Tax Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect July 1, 2007. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 Senator Skelos, that completes the 4 reading of the noncontroversial calendar, 5 supplemental active list. 6 SENATOR SKELOS: Mr. President, 7 if we could now take up, on the controversial 8 calendar, Calendar Number 952. 9 ACTING PRESIDENT GRIFFO: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 952, substituted earlier by Member of the 13 Assembly Silver, Assembly Print Number 8930, 14 an act to amend Chapter 280 of the Laws of 15 2006. 16 SENATOR CONNOR: Explanation. 17 ACTING PRESIDENT GRIFFO: An 18 explanation has been called for. 19 I want to announce that there is a 20 local fiscal impact statement here at the 21 desk. 22 SENATOR SKELOS: Lay the bill 23 aside temporarily, please. 24 ACTING PRESIDENT GRIFFO: The 25 bill will be laid aside temporarily.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could return to motions and resolutions, 4 I believe there are some motions to be made at 5 this time. 6 ACTING PRESIDENT GRIFFO: Motions 7 and resolutions. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Mr. President, 10 on behalf of Senator Hannon, on page number 23 11 I offer the following amendments to Calendar 12 Number 932, Senate Print Number 4640, and ask 13 that said bill retain its place on Third 14 Reading Calendar. 15 ACTING PRESIDENT GRIFFO: The 16 amendments are received, and the bill will 17 retain its place on the Third Reading 18 Calendar. 19 Senator Fuschillo. 20 SENATOR FUSCHILLO: Mr. 21 President, on behalf of Senator Leibell, I 22 wish to call up Senate Print Number 3652, 23 recalled from the Assembly, which is now at 24 the desk. 25 ACTING PRESIDENT GRIFFO: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 396, by Senator Leibell, Senate Print 3652, an 4 act to amend the Executive Law. 5 SENATOR FUSCHILLO: Mr. 6 President, I now move to reconsider the vote 7 by which the bill was passed. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll on reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is restored to the order of third reading 14 on the calendar. 15 SENATOR SKELOS: Mr. President. 16 ACTING PRESIDENT GRIFFO: Senator 17 Skelos. 18 SENATOR SKELOS: There will be a 19 meeting of the Rules Committee at 2:00 p.m. in 20 the Majority Conference Room, and the Senate 21 will stand at ease. 22 ACTING PRESIDENT GRIFFO: There 23 will be a meeting of the Rules Committee at 24 2:00 p.m. in the Majority Conference Room. 25 The Senate stands at ease.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Whereupon, the Senate stood at 2 ease at 1:55 p.m.) 3 (Whereupon, the Senate reconvened 4 at 2:19 p.m.) 5 ACTING PRESIDENT MAZIARZ: The 6 Senate will come to order. 7 Senator LaValle. 8 SENATOR LaVALLE: Mr. President, 9 please recognize Senator Stavisky for an 10 announcement. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Stavisky. 13 SENATOR STAVISKY: There will be 14 an immediate conference of the Minority in the 15 Minority Conference Room. 16 ACTING PRESIDENT MAZIARZ: There 17 will be an immediate conference of the 18 Minority in the Minority Conference Room. 19 Senator LaValle. 20 SENATOR LaVALLE: Mr. President, 21 the Senate will stand at ease. 22 ACTING PRESIDENT MAZIARZ: The 23 Senate will stand at ease. 24 (Whereupon, the Senate stood at 25 ease at 2:20 p.m.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT NOZZOLIO: The 2 Senate will come to order. 3 Senator Johnson. 4 SENATOR OWEN JOHNSON: Mr. 5 President, there will be an immediate 6 conference of the Majority in the Majority 7 Conference Room. 8 ACTING PRESIDENT NOZZOLIO: 9 Immediate conference of the Senate Majority in 10 the Majority Conference Room. 11 The Senate will stand at ease. 12 (Whereupon, the Senate reconvened 13 at 4:22 p.m.) 14 ACTING PRESIDENT GRIFFO: The 15 Senate will come to order. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 if we could go to the supplemental calendar 19 and take up Calendar Number 952. 20 ACTING PRESIDENT GRIFFO: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 952, substituted earlier today by Member of 24 the Assembly Silver, Assembly Print Number 25 8930, an act to amend Chapter 280 of the Laws

Candyco Transcription Service, Inc.

(518) 371-8910 1 of 2006. 2 ACTING PRESIDENT GRIFFO: There 3 is a local fiscal impact note here at the 4 desk. 5 Senator Golden. 6 SENATOR GOLDEN: Yes, Mr. 7 President. I ask for unanimous consent to 8 replace the sponsorship of my bill, Bill 9 Number 4078A, with Senator Martin Connor. 10 SENATOR SKELOS: No objection. 11 ACTING PRESIDENT GRIFFO: So 12 ordered. 13 SENATOR GOLDEN: Thank you. 14 ACTING PRESIDENT GRIFFO: Senator 15 Connor. 16 SENATOR CONNOR: Yes, Mr. 17 President. I had earlier laid aside this 18 bill, and I would like to remove that and have 19 no objection to it being noncontroversial. 20 SENATOR SKELOS: Mr. President, 21 please take up Calendar Number 952, 22 noncontroversial. 23 ACTING PRESIDENT GRIFFO: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 SENATOR SKELOS: Mr. President. 9 ACTING PRESIDENT GRIFFO: Senator 10 Skelos. 11 SENATOR SKELOS: On the regular 12 calendar, if you could call up Calendar Number 13 544, noncontroversial. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read Calendar Number 544. 16 THE SECRETARY: In relation to 17 Calendar Number 544, Senator Seward moves to 18 discharge, from the Committee on 19 Investigations and Government Operations, 20 Assembly Bill Number 6272 and substitute it 21 for the identical Senate Bill Number 1658, 22 Third Reading Calendar 544. 23 ACTING PRESIDENT GRIFFO: The 24 substitution is ordered. 25 There is a local fiscal impact note

Candyco Transcription Service, Inc.

(518) 371-8910 1 at the desk. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 544, substituted earlier by Member of the 5 Assembly Silver, Assembly Print Number 6272, 6 an act to amend the Tax Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first day of the 11 month next succeeding. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 Senator Skelos. 19 SENATOR SKELOS: If we could now 20 go to Senate Calendar Number 65A, 21 noncontroversial. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

Candyco Transcription Service, Inc.

(518) 371-8910 1 anxious to end the day on a positive note, I 2 neglected to ask the Rules report to be read 3 first. And then we'll take up the calendar. 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will read the report of the Rules 6 Committee. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, reports the 9 following bills: 10 Senate Print 100, by Senator 11 DeFrancisco, an act to amend the Executive 12 Law; 13 1284A, by Senator Volker, an act to 14 amend the Environmental Conservation Law; 15 1469, by Senator Morahan, an act to 16 authorize; 17 1474, by Senator Morahan, an act 18 authorizing; 19 1476, by Senator Morahan, an act to 20 authorize; 21 2142, by Senator Wright, an act to 22 amend the Vehicle and Traffic Law; 23 2388A, by Senator Leibell, an act 24 to amend the Public Health Law; 25 2441, by Senator Morahan, an act to

Candyco Transcription Service, Inc.

(518) 371-8910 1 amend the Tax Law; 2 2863A, by Senator Farley, an act to 3 amend the Banking Law; 4 3241, by Senator Golden, an act to 5 amend the General Municipal Law; 6 3546A, by Senator DeFrancisco, an 7 act to amend the Arts and Cultural Affairs 8 Law; 9 3754A, by Senator Trunzo, an act in 10 relation to authorizing; 11 3817, by Senator LaValle, an act to 12 amend the Education Law; 13 3927, by Senator Trunzo, an act to 14 amend the Retirement and Social Security Law; 15 3982A, by Senator Hannon, an act to 16 amend Chapter 521 of the Laws of 1994; 17 3985A, by Senator Hannon, an act to 18 amend the Public Health Law; 19 3986A, by Senator Hannon, an act to 20 amend the Public Health Law; 21 4247, by Senator Leibell, an act to 22 amend the Executive Law; 23 4329, by Senator Lanza, an act to 24 amend the Social Services Law; 25 4393, by Senator Flanagan, an act

Candyco Transcription Service, Inc.

(518) 371-8910 1 to amend the Public Officers Law; 2 4440, by Senator Golden, an act to 3 amend the Social Services Law; 4 4888A, by Senator Libous, an act to 5 amend the Vehicle and Traffic Law; 6 5039, by Senator Savino, an act 7 authorizing; 8 5046A, by Senator Fuschillo, an act 9 to amend the Executive Law; 10 5229A, by Senator Alesi, an act to 11 amend Chapter 530 of the Laws of 1988; 12 5304, by Senator Marcellino, an act 13 to amend the Environmental Conservation Law; 14 5340, by Senator Hannon, an act to 15 amend the Public Health Law; 16 5521, by Senator Hannon, an act to 17 amend the Social Services Law; 18 5667, by Senator Leibell, an act to 19 amend the Retirement and Social Security Law; 20 5740, by Senator Saland, an act to 21 amend the Education Law; 22 5743, by Senator Flanagan, an act 23 to amend the Arts and Cultural Affairs Law; 24 5793, by Senator Flanagan, an act 25 to amend the Executive Law;

Candyco Transcription Service, Inc.

(518) 371-8910 1 5927, by Senator O. Johnson, an act 2 to amend the Environmental Conservation Law; 3 6063, by Senator Farley, an act 4 making an appropriation; 5 6172, by the Senate Committee on 6 Rules, an act in relation to authorizing; 7 6305, by Senator Marcellino, an act 8 to amend the Environmental Conservation Law; 9 6318, by Senator Griffo, an act 10 providing; 11 6323, by Senator Marcellino, an act 12 to amend the Environmental Conservation Law; 13 6333, by the Senate Committee on 14 Rules, an act to amend Chapter 444 of the Laws 15 of 1997; 16 6337, by the Senate Committee on 17 Rules, an act to amend Chapter 181 of the Laws 18 of 2005; 19 6347, by Senator Robach, an act 20 establishing; 21 6354, by the Senate Committee on 22 Rules, an act to amend the Tax Law; 23 6357, by Senator Saland, an act to 24 amend the Criminal Procedure Law; 25 6361, by Senator Saland, an act to

Candyco Transcription Service, Inc.

(518) 371-8910 1 amend the Education Law; 2 6378, by Senator Alesi, an act in 3 relation; 4 And Senate Print 6379, by Senator 5 Bonacic, an act to amend the State Finance 6 Law. 7 All bills ordered direct to third 8 reading. 9 ACTING PRESIDENT GRIFFO: Senator 10 DeFrancisco. 11 SENATOR DeFRANCISCO: Move to 12 accept the report of the Rules Committee. 13 ACTING PRESIDENT GRIFFO: All in 14 favor of accepting the report of the Rules 15 Committee please signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT GRIFFO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT GRIFFO: The 21 report is accepted. 22 SENATOR DeFRANCISCO: Please 23 return to motions and resolutions. 24 ACTING PRESIDENT GRIFFO: Motions 25 and resolutions.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Breslin. 2 SENATOR BRESLIN: Mr. President, 3 I move to amend Senate Bill 4255 by striking 4 out the amendments made on June 20th and 5 restoring it to its previous print, 4255B. 6 ACTING PRESIDENT GRIFFO: So 7 ordered. 8 SENATOR BRESLIN: Thank you. 9 ACTING PRESIDENT GRIFFO: Senator 10 Fuschillo. 11 SENATOR FUSCHILLO: Mr. 12 President, on behalf of Senator Morahan, on 13 the supplemental calendar, I offer the 14 following amendments to Calendar Number 2032, 15 Senate Print Number 1476, and ask that said 16 bill will retain its place on the order of 17 Third Reading Calendar. 18 ACTING PRESIDENT GRIFFO: The 19 amendments are received and adopted, and the 20 bill will retain its place on the Third 21 Reading Calendar. 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: Would you 24 please do the noncontroversial reading of 25 Senate Calendar 65A.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read Senate Calendar 65A, 3 noncontroversial. 4 THE SECRETARY: In relation to 5 Calendar Number 2028, Senator DeFrancisco 6 moves to discharge, from the Committee on 7 Rules, Assembly Bill Number 6575 and 8 substitute it for the identical Senate Bill 9 Number 100, Third Reading Calendar 2028. 10 ACTING PRESIDENT GRIFFO: 11 ACTING PRESIDENT GRIFFO: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 2028, by Member of the Assembly Towns, 16 Assembly Print Number 6575, an act to amend 17 the Executive Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2029, by Senator Volker, Senate Print 1284A, 5 an act to amend the Environmental Conservation 6 Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. Nays, 15 1. Senator Serrano recorded in the negative. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 2030, Senator Morahan moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 7936 and substitute it 22 for the identical Senate Bill Number 1469, 23 Third Reading Calendar 2030. 24 ACTING PRESIDENT GRIFFO: 25 Substitution ordered.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 2030, by Member of the Assembly Jaffee, 4 Assembly Print Number 7936, an act to 5 authorize Congregation Ribnitz. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. Nays, 14 1. Senator Bonacic recorded in the negative. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 2031, by Senator Morahan, Senate Print 1474, 19 an act authorizing. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. Nays, 3 1. Senator Bonacic recorded in the negative. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 2032, Senator Morahan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 7937A and substitute it 10 for the identical Senate Bill Number 1476A, 11 Third Reading Calendar 2032. 12 ACTING PRESIDENT GRIFFO: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2032, by Member of the Assembly Jaffee, 17 Assembly Print Number 7937A, an act 18 authorizing. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 59. Nays, 2 2. Senators Bonacic and Larkin recorded in 3 the negative. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2033, by Senator Wright, Senate Print 2142, an 8 act to amend the Vehicle and Traffic Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. Nays, 17 2. Senators Duane and L. Krueger recorded in 18 the negative. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2034, by Senator Leibell, Senate Print 2388A, 23 an act to amend the Public Health Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR DUANE: Lay it aside, 2 please. 3 ACTING PRESIDENT GRIFFO: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 2035, by Senator Morahan, Senate Print 2441, 7 an act to amend the Tax Law. 8 ACTING PRESIDENT GRIFFO: There 9 is a local fiscal impact note at the desk. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first day of the 14 sales tax quarterly period. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 2036, Senator Farley moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 9159 and substitute it 25 for the identical Senate Bill Number 2863A,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Third Reading Calendar 2036. 2 ACTING PRESIDENT GRIFFO: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 2036, by Member of the Assembly Towns, 7 Assembly Print Number 9159, an act to amend 8 the Banking Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 2037, Senator Golden moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 7757 and substitute it 23 for the identical Senate Bill Number 3241, 24 Third Reading Calendar 2037. 25 ACTING PRESIDENT GRIFFO:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 2037, by Member of the Assembly Jeffries, 5 Assembly Print Number 7757, an act to amend 6 the General Municipal Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 2038, Senator DeFrancisco 19 moves to discharge, from the Committee on 20 Rules, Assembly Bill Number 5202A and 21 substitute it for the identical Senate Bill 22 Number 3546A, Third Reading Calendar 2038. 23 ACTING PRESIDENT GRIFFO: 24 Substitution ordered. 25 The Secretary will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2038, by Member of the Assembly Millman, 3 Assembly Print Number 5202A, an act to amend 4 the Arts and Cultural Affairs Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 2039, Senator Trunzo moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 6582A and substitute it 19 for the identical Senate Bill Number 3754A, 20 Third Reading Calendar 2039. 21 ACTING PRESIDENT GRIFFO: The 22 substitution is ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2039, by Member of the Assembly Eddington,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Print Number 6582A, an act in 2 relation to authorizing. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. Nays, 11 2. Senators Bonacic and Larkin recorded in 12 the negative. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2040, by Senator LaValle -- 17 SENATOR DUANE: Lay it aside, 18 please. 19 ACTING PRESIDENT GRIFFO: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 2041, by Senator Trunzo, Senate Print 3927, an 23 act to amend the Retirement and Social 24 Security Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 2042, Senator Hannon moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 8097A and substitute it 14 for the identical Senate Bill Number 3982A, 15 Third Reading Calendar 2042. 16 ACTING PRESIDENT GRIFFO: The 17 substitution is ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2042, by Member of the Assembly Gottfried. 21 Assembly Print Number 8097A, an act to amend 22 Chapter 521 of the Laws of 1994. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2043, by Senator Hannon, Senate Print 3985A, 10 an act to amend the Public Health Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2044, by Senator Hannon, Senate Print 3986A, 23 an act to amend the Public Health Law and 24 others. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 20. This 3 act shall take effect April 1, 2008. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 2045, Senator Leibell moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 8525 and substitute it 14 for the identical Senate Bill Number 4247, 15 Third Reading Calendar 2045. 16 ACTING PRESIDENT GRIFFO: The 17 substitution is ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2045, by Member of the Assembly Lancman, 21 Assembly Print Number 8525, an act to amend 22 the Executive Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 2046, Senator Lanza moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 7905 and substitute it 12 for the identical Senate Bill Number 4329, 13 Third Reading Calendar 2046. 14 ACTING PRESIDENT GRIFFO: The 15 substitution is ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 2046, by Member of the Assembly V. Lopez, 19 Assembly Print Number 7905, an act to amend 20 the Social Services Law. 21 ACTING PRESIDENT GRIFFO: Last 22 section. 23 SENATOR DeFRANCISCO: Please lay 24 that bill aside temporarily. 25 ACTING PRESIDENT GRIFFO: Lay it

Candyco Transcription Service, Inc.

(518) 371-8910 1 aside temporarily. 2 THE SECRETARY: In relation to 3 Calendar Number 2047, Senator Flanagan moves 4 to discharge, from the Committee on Rules, 5 Assembly Bill Number 1108 and substitute it 6 for the identical Senate Bill Number 4393, 7 Third Reading Calendar 2047. 8 ACTING PRESIDENT GRIFFO: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 2047, by Member of the Assembly Destito, 13 Assembly Print Number 1108, an act to amend 14 the Public Officers Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 180th day. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc.

(518) 371-8910 1 Calendar Number 2048, Senator Golden moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 1469 and substitute it 4 for the identical Senate Bill Number 4440, 5 Third Reading Calendar 2048. 6 ACTING PRESIDENT GRIFFO: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 2048, by Member of the Assembly Englebright, 11 Assembly Print Number 1469, an act to amend 12 the Social Services Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 2049, Senator Libous moves to 25 discharge, from the Committee on Rules,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Bill Number 7877A and substitute it 2 for the identical Senate Bill Number 4888A, 3 Third Reading Calendar 2049. 4 ACTING PRESIDENT GRIFFO: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2049, by Member of the Assembly Gantt, 9 Assembly Print Number 7877A, an act to amend 10 the Vehicle and Traffic Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 2051, Senator Fuschillo moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 217B and substitute it 25 for the identical Senate Bill Number 5046A,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Third Reading Calendar 2051. 2 ACTING PRESIDENT GRIFFO: The 3 substitution is ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 2051, by Member of the Assembly Pheffer, 7 Assembly Print Number 217B, an act to amend 8 the Executive Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 2052, by Senator Alesi, Senate Print 5229A, an 21 act to amend Chapter 530 of the Laws of 1988 22 authorizing the Department of Social Services. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 2053, Senator Marcellino moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 8339 and substitute it 12 for the identical Senate Bill Number 5304, 13 Third Reading Calendar 2053. 14 ACTING PRESIDENT GRIFFO: The 15 substitution is ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 2053, by Member of the Assembly Sweeney, 19 Assembly Print Number 8339, an act to amend 20 the Environmental Conservation Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT GRIFFO: 4 Senator Marcellino, to explain his vote. 5 SENATOR MARCELLINO: Thank you, 6 Mr. President. 7 I rise in support this bill and 8 thank my colleagues for their support. 9 In 1993 this body created the 10 Environmental Protection Act, the first ever 11 permanent, dedicated environmental funding 12 mechanism in this state. The EPF generally 13 supports capital projects and programs that 14 protect the water we drink, the air we breathe 15 and the food we eat, and the quality and 16 safety of our communities which we call home. 17 After more than 10 years of EPF 18 funding, plus the 1996 Clean Water Clean Air 19 Bond Act, there has been great progress. But 20 total funding today is inadequate. Sprawling 21 development across New York State consumes 22 open space and farmland, threatens clean 23 water, increases fuel consumption and air 24 pollution, and creates more solid waste. 25 But this same sprawling development

Candyco Transcription Service, Inc.

(518) 371-8910 1 has resulted in an exponential increase in 2 receipts from the real estate transfer tax, 3 the primary source of funding for the EPF. 4 However, a smaller and smaller percentage of 5 the real estate transfer tax revenue has been 6 dedicated to conservation, while at the same 7 time the cost of the environmental protection 8 has increased. 9 Currently less than 1.1 cent per 10 dollar -- that's 1.1 cent per dollar -- of 11 every state revenue goes to the environment, 12 which is a lower rate than at any time in the 13 last 10 years and is well below the national 14 average. 15 Within the EPF there are numerous 16 programs where demand greatly outstrips 17 available funding. Examples of grossly 18 underfunded categories include open space, 19 farmland protection, nonpoint source water 20 pollution control, municipal recycling, 21 pollution prevention, state land stewardship, 22 local waterfront revitalization, community 23 forestry and urban, suburban and rural parks 24 and historic preservation, amongst others. 25 This bill will address this

Candyco Transcription Service, Inc.

(518) 371-8910 1 shortfall by permanently increasing the 2 portion of the real estate transfer tax that 3 is dedicated to the EPF and providing a 4 mechanism to ensure that any future growth in 5 the real estate transfer tax revenue that is 6 driven by development is rightly dedicated to 7 the preservation of the environment. 8 This is a good thing we're doing 9 tonight, ladies and gentlemen. I proudly vote 10 aye. 11 ACTING PRESIDENT GRIFFO: Senator 12 Marcellino to be recorded in the affirmative. 13 Senator Krueger, to explain her 14 vote. 15 SENATOR LIZ KRUEGER: Thank you, 16 Mr. President. 17 While I totally agree with Senator 18 Marcellino's history of and support for the 19 Environmental Protection Fund and the 20 importance of it and what it's been doing, and 21 why we need more money in the Environmental 22 Protection Fund, I find that I have to vote no 23 on this bill because it's taking more money 24 out of the real estate transfer tax to move 25 into EPF when we still don't put any money

Candyco Transcription Service, Inc.

(518) 371-8910 1 into a real housing trust fund to build 2 housing in this state. 3 And if we have some much money 4 coming in from a real estate tax, I find it 5 amazing that we won't commit any of it to 6 actually dealing with our housing crisis. And 7 I would argue we have an ability to do both 8 things. 9 We could put RETT money into a real 10 housing trust fund to invest in building 11 affordable housing and preserving affordable 12 housing throughout the great state of 13 New York, and we could pass that bottle bill 14 to come up with the money to provide to the 15 EPF, so we could have a win/win. 16 This bill doesn't get us a win/win. 17 It gets us more money for EPF but lowers our 18 opportunities of finally using some of that 19 real estate transfer tax money for the 20 preservation and the building of desperately 21 needed affordable housing. 22 And so I will vote no, 23 Mr. President. Thank you. 24 ACTING PRESIDENT GRIFFO: Senator 25 Krueger to be recorded in the negative.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 60. Nays, 3 1. Senator L. Krueger recorded in the 4 negative. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 2054, Senator Hannon moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8081 and substitute it 11 for the identical Senate Bill Number 5340, 12 Third Reading Calendar 2054. 13 ACTING PRESIDENT GRIFFO: The 14 substitution is ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 2054, by Member of the Assembly Gottfried, 18 Assembly Print Number 8081, an act to amend 19 the Public Health Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 2055, Senator Hannon moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 1462A and substitute it 9 for the identical Senate Bill Number 5521, 10 Third Reading Calendar 2055. 11 ACTING PRESIDENT GRIFFO: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 2055, by Member of the Assembly Englebright, 16 Assembly Print Number 1462A, an act to amend 17 the Social Services Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2056, by Senator Leibell, Senate Print 5667, 5 an act to amend the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 2057, by Senator Saland, Senate Print 5740, an 19 act to amend the Education Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT GRIFFO: Senator 3 Saland, to explain his vote. 4 SENATOR SALAND: Thank you, 5 Mr. President. 6 We all recall earlier this year 7 during the course of the adoption of the 8 budget, as part of the education portion of 9 the budget, we adopted a provision which was 10 termed the Contracts for Excellence, which 11 required schools that had received more than 12 $15 million or more, or 10 percent more 13 increase in aid from the prior year, to be 14 subject to the contract. 15 When the Governor initially 16 provided us with his budget, there was 17 somewhere in the area of I think 115 or 116 18 schools on that list. This was the last item 19 that closed at the education table, and when 20 it closed there were some significant changes 21 that were made. 22 But there were some unintended 23 consequences, and we attempted to address that 24 earlier with a bill that basically provided 25 that the Big Five would remain subject to the

Candyco Transcription Service, Inc.

(518) 371-8910 1 contract and other schools would have a 2 one-year, in effect, break in which to be 3 prepared for the contract. 4 There are a number of schools that 5 are on that list, which is now 56, which were 6 not on the original list and, when the budget 7 was adopted, they were in the process of 8 adopting their budgets and really had no 9 ability to plan for this unanticipated event. 10 What this bill proposes to do is to 11 in fact deal with that in the following 12 fashion. There are some 579 schools in these 13 districts that are captured under the current 14 contract language. This would propose to 15 reduce the 56 school list to 21, would leave I 16 believe 535 school buildings still under the 17 contract. It would remove, I believe, 44. 18 The standard by which we would 19 choose to remove them would be if you are a 20 successful school -- and a successful school 21 is one in which 80 percent of those taking the 22 tests, 80 percent or more, either in the case 23 of the five Regents, are attaining 65 or 24 better, or, in the case of the 4th and 8th 25 grade required English and math, are

Candyco Transcription Service, Inc.

(518) 371-8910 1 performing at Levels 3 and 4. 2 This list, incidentally, every year 3 will change, because some schools will come 4 on, some schools will go off. Next year's 5 list, you have no idea what it will be. And 6 historically some 50 percent of the schools 7 fall off from year to year. 8 What this attempts to do is to say 9 in addition to those successful schools, those 10 schools that are not in compliance -- because, 11 for example, they did not attain the 12 participation rate required among students 13 with disabilities, which is under NCLB 14 required to be at a 95 percent level, they 15 have been unable to attain that and therefore, 16 under NCLB, they fail to be a school in 17 compliance -- we say those types of more or 18 less technical deficiencies should not 19 hamstring a district and force them to use all 20 of those additional monies they've received to 21 deal with what is an isolated problem. 22 What we propose to do here is to 23 basically undo the law of unintended 24 consequences and at the same time ensure that 25 those high-performing schools still have the

Candyco Transcription Service, Inc.

(518) 371-8910 1 ability to deal with their student populations 2 with a far greater degree of discretion than 3 would be provided were they subject to 4 compliance with the contract. 5 And again, these are schools that 6 are generally higher performing schools, a 7 number of which are successful schools. And 8 of the schools districts that are involved, as 9 distinguished from school buildings, 10 two-thirds of them have only one building 11 that's not in compliance. 12 Mr. President, obviously I support 13 this bill and believe it's much needed and 14 would certainly hope that all of my colleagues 15 would share that same sentiment. Thank you. 16 ACTING PRESIDENT GRIFFO: Senator 17 Saland to be recorded in the affirmative. 18 Senator Oppenheimer. 19 SENATOR OPPENHEIMER: Thank you 20 very much. 21 This bill is a good bill. And I 22 think that in some instances the press may get 23 some of these nuances incorrectly, and you 24 may, Senator Saland, be hearing from the press 25 saying why are we making it easier or, you

Candyco Transcription Service, Inc.

(518) 371-8910 1 know, why are we not holding school districts' 2 feet to the fire and all that. 3 But this makes excellent sense, 4 because we know of some very fine individual 5 schools that got caught up in the Contract for 6 Excellence which really didn't appropriately 7 have this placed upon them. Where, you know, 8 the contract says that there are only so many 9 areas that you can improve within, and it 10 really limits you. 11 And so this is a very good bill. 12 And you will have to be answering to the 13 press. Because when we took all the districts 14 out other than the Big Five a month or two 15 back, they didn't understand it then. So good 16 luck. 17 I'm voting yes. 18 ACTING PRESIDENT GRIFFO: Senator 19 Oppenheimer to be recorded in the affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 61. Nays, 22 0. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 2058, by Senator Flanagan, Senate Print 5743, 2 an act to amend the Arts and Cultural Affairs 3 Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 30th day. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT GRIFFO: Senator 12 Sabini, to explain his vote. 13 SENATOR SABINI: Mr. President, 14 to explain my vote. 15 I'd particularly like my colleagues 16 on this side of the aisle to draw heed to 17 this, because this is an important piece of 18 legislation that amends the Arts and Cultural 19 Affairs Law in relation to prohibiting the 20 advertising and conducting of certain live 21 musical performances or productions. 22 Now, I didn't lay this aside in the 23 interests of brevity today. This bill was 24 introduced on May 3rd. Curiously, on February 25 13th, I introduced a bill, an act to amend the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Arts and Cultural Affairs Law in relation to 2 the advertising and conducting of certain live 3 musical performances or productions. 4 This bill, the purpose of this bill 5 in the sponsor's memo makes it unlawful to 6 advertise or conduct a live musical 7 performance through the use of false, 8 deceptive or misleading affiliation, 9 connection or association between a performing 10 group and a recording group. 11 Curiously, the purpose of my bill 12 and Senator Flanagan's bill is the same. 13 The problem has been that there are 14 copycat groups, particularly groups from the 15 1950s, some of whom the members have passed on 16 to their great reward, and there are now 17 people performing throughout the state under 18 the names of the same group but they're 19 different members. And some people feel that 20 that's a problem. 21 And for those of us on this side of 22 the aisle, the newer members may not have 23 experienced this, but we've had legislation on 24 occasion where a word or two is changed and it 25 was pilfered. And that's good, and I'm going

Candyco Transcription Service, Inc.

(518) 371-8910 1 to vote for this bill because it's in the 2 spirit of good government. But since this 3 bill was to prevent copycatting, I just want 4 to note for the record that this is a copycat 5 bill. 6 (Laughter.) 7 SENATOR SABINI: And since in the 8 justification that was also copied from my 9 bill Senator Flanagan says they expect -- 10 people expect to see the real thing and not 11 impersonators, I would submit we should follow 12 that as well. 13 I'll be voting aye, Mr. President. 14 (Laughter.) 15 ACTING PRESIDENT GRIFFO: 16 Imitation is the greatest source of flattery. 17 Senator Sabini to be recorded in 18 the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 2059, Senator Flanagan moves 25 to discharge, from the Committee on Rules,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Bill Number 4251A and substitute it 2 for the identical Senate Bill Number 5793, 3 Third Reading Calendar 2059. 4 ACTING PRESIDENT GRIFFO: The 5 substitution is ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2059, by Member of the Assembly Ramos, 9 Assembly Print Number 4251A, an act to amend 10 the Executive Law and the Public Health Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 2060, Senator O. Johnson moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 8731 and substitute it 25 for the identical Senate Bill Number 5927,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Third Reading Calendar 2060. 2 ACTING PRESIDENT GRIFFO: The 3 substitution is ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 2060, by Member of the Assembly Sweeney, 7 Assembly Print Number 8731, an act to amend 8 the Environmental Conservation Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 120th day. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 2061, by Senator Farley, Senate Print 6063, an 21 action making an appropriation to the 22 Schenectady Healthcare Practitioner Volunteer 23 Program. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2062, by the Senate Committee on Rules, Senate 11 Print Number 6172, an act in relation to 12 authorizing the City of Elmira. 13 ACTING PRESIDENT GRIFFO: There 14 is a home-rule message at the desk. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 9. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 2063, by Senator Marcellino, Senate Print 2 6305, an act to amend the Environmental 3 Conservation Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 2064, by Senator Griffo, Senate Print 6318, an 16 act providing for the election of delegates. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT GRIFFO: Senator 25 Connor, to explain his vote.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR CONNOR: Thank you, 2 Mr. President. 3 I'm certainly going to support 4 this. It obviously adopts the delegate 5 selection plan and primary provisions adopted 6 by each of the major parties and allows each 7 party to do its own thing. 8 I do want to comment on something, 9 since I guess it was seven years ago I got 10 into a bit of a brouhaha on the floor about 11 the alleged lack of small D democratic 12 opportunities that the then Republican 13 selection plan was presenting. And I wanted 14 to compliment the Republican Party for having, 15 for the first time since we started 20 years 16 ago in effect making ballot access easier, 17 actually has a far better, open, easier ballot 18 access provision for presidential candidates 19 than does my own party. 20 The Democratic Party, you have to 21 get -- the candidates have to get 5,000 22 signatures to get on the ballot. And in the 23 Republican Party, if they qualify for federal 24 matching funds or they're recognized as a 25 prominent candidate with some serious support,

Candyco Transcription Service, Inc.

(518) 371-8910 1 they can, upon application, automatically be 2 placed on the ballot. 3 We probably will find in the 4 Democratic side, if anyone is disappointed by 5 the petition process, a federal lawsuit such 6 as plagued the Republicans in past years in 7 terms of the process. 8 One other technical thing, and I 9 don't know how it affects the Mayor of the 10 City of New York, but I don't think he'll 11 probably sign any petitions or want to carry 12 any. But the petitioning process certainly 13 for the Democrats spans that period in 14 November when enrollment changes take effect. 15 So any new members of the party could be 16 ineligible to sign in the first weeks of 17 petitioning or carry a petition and eligible 18 to sign or carry in the second part. 19 This could present a lot of 20 technical problems in that process. But I 21 guess it's too late to do anything about it. 22 That certainly won't prevent me from voting 23 for the bill. 24 Thank you, Mr. President. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Connor to be recorded in the affirmative. 2 Announce the results. 3 THE SECRETARY: Ayes, 61. Nays, 4 0. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2065, by Senator Marcellino -- 9 SENATOR DUANE: Lay it aside, 10 please. 11 ACTING PRESIDENT GRIFFO: The 12 bill is laid aside. 13 THE SECRETARY: Calendar Number 14 2066, by the Senate Committee on Rules, Senate 15 Print. 16 SENATOR DUANE: Lay it aside, 17 please. 18 ACTING PRESIDENT GRIFFO: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 2067, by the Senate Committee on Rules, Senate 22 Print 6337, an act to amend Chapter 181 of the 23 Laws of 2005 amending the Election Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2068, by Senator Robach, Senate Print 6347, an 11 act establishing the City of Rochester. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 24. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2069, by the Senate Committee on Rules, Senate 24 Print 6354, an act to amend the Tax Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2070, by Senator Saland -- 12 SENATOR DUANE: Lay it aside, 13 please. 14 ACTING PRESIDENT GRIFFO: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 2071, by Senator Saland, Senate Print 6361, an 18 act to amend the Education Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 27. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 Senator Marcellino, that completes 5 the noncontroversial reading of Calendar 65A. 6 SENATOR MARCELLINO: Thank you, 7 Mr. President. Can we now proceed to the 8 controversial reading of Calendar 65A. 9 ACTING PRESIDENT GRIFFO: The 10 Secretary will ring the bell. 11 We will proceed with the reading of 12 the controversial calendar, 65A. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 2034, by Senator Leibell, Senate Print 2388A, 16 an act to amend the Public Health Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 Senator Duane. 20 SENATOR DUANE: Thank you, 21 Mr. President. If the sponsor would yield. 22 ACTING PRESIDENT GRIFFO: Senator 23 Leibell, do you yield? 24 SENATOR LEIBELL: Yes, I do. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Duane. 2 SENATOR DUANE: Thank you, 3 Mr. President. I'm wondering, what is "brain 4 to computer"? 5 ACTING PRESIDENT GRIFFO: Is that 6 question directed to Senator Leibell? 7 SENATOR DUANE: It is, but 8 through you, Mr. President. 9 ACTING PRESIDENT GRIFFO: Senator 10 Leibell. 11 SENATOR LEIBELL: It is a pilot 12 program where you're able to control a 13 computer keyboard with your eyes. 14 SENATOR DUANE: I'm sorry, 15 Mr. President, could you ask him to repeat it? 16 I didn't get that. 17 ACTING PRESIDENT GRIFFO: Can we 18 have some in the house so the Senators can 19 exchange, please. 20 Senator Duane, would you repeat 21 your question to Senator Leibell? 22 SENATOR LEIBELL: Senator Duane, 23 could you speak up, please? When you're 24 passionate, you're very loud. Could you get 25 passionate?

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Laughter.) 2 SENATOR MARCELLINO: Not too 3 passionate. 4 SENATOR DUANE: Mr. President, if 5 the sponsor wants passionate -- 6 (Laughter.) 7 SENATOR LEIBELL: Senator Duane, 8 would you please lower your voice. 9 ACTING PRESIDENT GRIFFO: We have 10 now been here for three seasons, so engage. 11 SENATOR SCHNEIDERMAN: In the 12 other house you could get engaged. 13 (Laughter.) 14 ACTING PRESIDENT GRIFFO: Do you 15 have an announcement to make, Senator Duane? 16 (Laughter.) 17 SENATOR DUANE: I wouldn't want 18 Senator Rath to miss it, so I'm going to defer 19 it for the time being. 20 ACTING PRESIDENT GRIFFO: Your 21 question, Senator Duane? 22 SENATOR DUANE: Yes. But I don't 23 know whether I got the answer to this. What 24 does "brain to computer" refer to? 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Leibell. 2 SENATOR LEIBELL: Yeah, sorry, 3 Mr. President. It's a pilot program which 4 allows for an eye connection to a computer for 5 control purposes. 6 SENATOR DUANE: Through you, 7 Mr. President, if the sponsor would continue 8 to yield. 9 ACTING PRESIDENT GRIFFO: Senator 10 Leibell, do you yield? 11 SENATOR LEIBELL: Yes. 12 ACTING PRESIDENT GRIFFO: Senator 13 Duane. 14 SENATOR DUANE: What is it about 15 the eyes? 16 SENATOR LEIBELL: It's a camera 17 tracking the eyes, so you can move a keyboard. 18 SENATOR DUANE: And through you, 19 Mr. President, if the sponsor would continue 20 to yield. 21 ACTING PRESIDENT GRIFFO: Senator 22 Leibell, will you yield? 23 SENATOR LEIBELL: Yes, 24 Mr. President. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Duane. 2 SENATOR DUANE: And how is that 3 accomplished? How does the keyboard and the 4 eyes -- what helps them to have the 5 interaction? 6 SENATOR LEIBELL: Well, I'm not 7 an engineer. But the camera would track the 8 eyes, and it would translate to the keyboard. 9 And that's how it would function. 10 SENATOR DUANE: And through you, 11 Mr. President, if the sponsor would continue 12 to yield. 13 ACTING PRESIDENT GRIFFO: Senator 14 Leibell, will you continue to yield? 15 SENATOR LEIBELL: Yes, 16 Mr. President. 17 SENATOR DUANE: About how many 18 patients in New York presently have this -- I 19 mean, frankly it's with a chip, a computer 20 chip. So how many New Yorkers have this 21 computer chip now? 22 ACTING PRESIDENT GRIFFO: Senator 23 Leibell. 24 SENATOR LEIBELL: It's many 25 hundreds. And the reason we are addressing

Candyco Transcription Service, Inc.

(518) 371-8910 1 through this bill the need for a registry is 2 to try and get a more accurate number, because 3 we don't think we have an accurate number. 4 SENATOR DUANE: And through you, 5 Mr. President, if the sponsor would continue 6 to yield. 7 ACTING PRESIDENT GRIFFO: Senator 8 Leibell, do you continue to yield? 9 SENATOR LEIBELL: Yes, 10 Mr. President. 11 SENATOR DUANE: Do any other 12 states have this registry? 13 SENATOR LEIBELL: There has been 14 an effort to do it nationally, and that has 15 not happened yet. Which is why we're 16 attempting to do it. And yes, there are other 17 states. 18 SENATOR DUANE: And through you, 19 Mr. President, what are those other states? 20 ACTING PRESIDENT GRIFFO: Senator 21 Leibell, do you continue to yield? 22 SENATOR LEIBELL: I don't have 23 the names. I think Massachusetts may be one. 24 ACTING PRESIDENT GRIFFO: Senator 25 Duane, do you wish to continue to pose

Candyco Transcription Service, Inc.

(518) 371-8910 1 questions or to speak on the bill? 2 SENATOR DUANE: Excuse me? 3 ACTING PRESIDENT GRIFFO: Do you 4 wish to continue to question? 5 SENATOR DUANE: Yes, 6 Mr. President. 7 ACTING PRESIDENT GRIFFO: Senator 8 Leibell, will you yield? 9 SENATOR LEIBELL: Yes. 10 ACTING PRESIDENT GRIFFO: Senator 11 Duane. 12 SENATOR DUANE: Does the 13 metropolitan New York ALS society support 14 this? 15 ACTING PRESIDENT GRIFFO: Senator 16 Leibell. 17 SENATOR LEIBELL: Well, maybe I 18 should speak directly on the bill. 19 This is one of the most devastating 20 diseases that there is out there. I don't 21 know if you've known anyone who has suffered 22 from ALS, but it is a -- usually within three 23 years there's death. And it is -- my 24 interaction with many of the families of 25 people who have succumbed from this terrible

Candyco Transcription Service, Inc.

(518) 371-8910 1 disease, as well as I spent a day down at 2 Columbia Presbyterian Hospital meeting with 3 some of the top researchers in this area. 4 And I was asked by family members 5 as well as those researchers to help them to 6 try and put together this registry, which they 7 feel would give them critical information. 8 SENATOR DUANE: And through you, 9 Mr. President, if the sponsor would continue 10 to yield. 11 ACTING PRESIDENT GRIFFO: Senator 12 Leibell, will you continue to yield? 13 SENATOR LEIBELL: Yes. 14 SENATOR DUANE: And has the metro 15 New York supported or opposed this 16 legislation? 17 SENATOR LEIBELL: I'm not 18 familiar with the group. I'm not. I've met 19 with the families and, as I said, people who 20 are in research in this area. The leading 21 researchers in the United States are in 22 New York City. 23 SENATOR DUANE: And through you, 24 Mr. President, if the sponsor would continue 25 to yield.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Does 2 the sponsor continue to yield? 3 SENATOR LEIBELL: Yes. 4 ACTING PRESIDENT GRIFFO: Senator 5 Duane. 6 SENATOR DUANE: What about the 7 national ALS Association? Do they support 8 this legislation? 9 SENATOR LEIBELL: I don't believe 10 I've had any contact with them. I do believe 11 nationally they would rather have a national 12 registry through Congress, but Congress hasn't 13 done that. 14 SENATOR DUANE: And through you, 15 Mr. President, if the sponsor would continue 16 to yield. 17 ACTING PRESIDENT GRIFFO: Senator 18 Leibell, do you continue to yield? 19 SENATOR LEIBELL: Yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Duane. 22 SENATOR DUANE: Anyone 23 specifically at Columbia requested this 24 registry? 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Leibell. 2 SENATOR LEIBELL: Yeah, I've 3 spoken to -- and I don't have their names with 4 me, but I've spoken to academics there and 5 researchers who felt it would provide 6 assistance. 7 See, one reason is because New York 8 State is such a large state, it's larger than 9 so many countries. If we could get an 10 accurate grip on it here, and on the 11 statistics, it's perceived as being very 12 helpful. 13 SENATOR DUANE: And through you, 14 Mr. President, if the sponsor would continue 15 to yield. 16 ACTING PRESIDENT GRIFFO: Senator 17 Leibell, would you continue to yield? 18 SENATOR LEIBELL: Yes. 19 ACTING PRESIDENT GRIFFO: Senator 20 Duane. 21 SENATOR DUANE: Thank you, 22 Mr. President. I was wondering if the sponsor 23 could describe to us what bulbar ALS is. 24 ACTING PRESIDENT GRIFFO: Senator 25 Leibell.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR LEIBELL: No. I've heard 2 the term, I've had them describe it to me, but 3 I would not be able to describe it with any 4 accuracy for you. 5 SENATOR DUANE: Thank you, 6 Mr. President. On the bill. 7 ACTING PRESIDENT GRIFFO: Senator 8 Duane, on the bill. 9 SENATOR DUANE: The fact is is 10 that the Greater New York chapter of the ALS 11 Association, which is the only voluntary 12 health association in New York State that 13 represents people with ALS, don't support this 14 legislation. 15 In addition, the metro New York 16 chapter doesn't support it and the national 17 ALS Association does not support this 18 legislation. 19 There is one other state that has 20 such a registry. That is Massachusetts. But 21 the national ALS Association very, very much 22 wants only a national registry and the 23 New York ALS Association also only wants a 24 national registry. And they are working on 25 getting that.

Candyco Transcription Service, Inc.

(518) 371-8910 1 In fact, it seems like there's only 2 one research scientist at Columbia 3 Presbyterian who has requested this, and he 4 has done it without the approval and probably 5 even very much consultation with the 6 established ALS chapters and the national ALS 7 Association. 8 I also just want to mention that 9 bulbar ALS is the ALS that makes it 10 impossible, as the disease progresses, for 11 someone to speak. It's the one that affects 12 the muscles in the throat. 13 I agree that ALS is a very, very 14 tragic and just a devastating, devastating 15 disease. It's one which also oftentimes 16 families are afflicted or members of families 17 are afflicted with it, so there can be more 18 than one family member that has it. 19 In addition, it's something that 20 probably embryonic stem cell research perhaps 21 might provide a key for a treatment that would 22 actually work for someone with ALS. 23 I would encourage my colleagues to 24 hold off on supporting this legislation until 25 such time that those who are doing research --

Candyco Transcription Service, Inc.

(518) 371-8910 1 and they may have very good intentions, but I 2 think it's inappropriate for them to run 3 roughshod over those families and individuals 4 who actually live day-to-day with ALS or have 5 lived with ALS. And until and unless such 6 time that they are together with those doing 7 research are able to get what they really want 8 and what would be most helpful, because of 9 course ALS does not -- it doesn't really pay 10 any attention to boundaries. 11 So until the established and in 12 fact the only ALS organizations on the state 13 and national level request this, I think we 14 should accede to their wishes and work towards 15 getting a national registry, because that 16 would really be the most helpful thing we 17 could do to help them at this time. 18 So I am encouraging my colleagues 19 to accede to their wishes and vote in the 20 negative on this bill. 21 ACTING PRESIDENT GRIFFO: Senator 22 Leibell. 23 SENATOR LEIBELL: Would Senator 24 Duane yield, please. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Duane, would you yield for a question? 2 SENATOR DUANE: Yes, 3 Mr. President. 4 ACTING PRESIDENT GRIFFO: Senator 5 Leibell. 6 SENATOR LEIBELL: Senator Duane, 7 one of my constituents, Bill Monti, who lost a 8 son to this terrible disease, he and numerous 9 families have spoken to me about this and 10 requested it. 11 The bill came to me -- and maybe I 12 didn't explain this to you -- through the 13 state association. I didn't just come up with 14 this. It came to me through the state 15 association. 16 But let me ask you this question. 17 We're a state of about 19 million people. 18 That's a large population. We are in 19 agreement that this is a terrible disease. We 20 are in agreement, they haven't created yet a 21 national registry, can you tell me what harm 22 there would be in having a state registry? 23 ACTING PRESIDENT GRIFFO: Senator 24 Duane. 25 SENATOR DUANE: Mr. President,

Candyco Transcription Service, Inc.

(518) 371-8910 1 the ALS Association, which is the largest and 2 in fact the only association -- there's 3 locals, but the only statewide organization -- 4 opposed the original version of this bill. 5 And while it's been amended, they still oppose 6 it. They don't think that it's going to 7 achieve the results which have been -- 8 SENATOR LEIBELL: Senator 9 Duane -- 10 SENATOR DUANE: If I may just 11 finish, that it won't achieve the public 12 health benefits that, again, may be 13 well-intentioned but which have not -- which 14 there's not consensus on and which have not 15 been agreed to. 16 And by the way, the state 17 association works with the other statewide 18 associations, and they all agree that they 19 don't want to follow the Massachusetts model. 20 They believe that the best way to go is to 21 create a national registry. 22 ACTING PRESIDENT GRIFFO: Senator 23 Leibell. 24 SENATOR LEIBELL: Senator Duane, 25 this bill has been passed before by this body

Candyco Transcription Service, Inc.

(518) 371-8910 1 on I think two other occasions. Did you vote 2 for this in the past? 3 ACTING PRESIDENT GRIFFO: Senator 4 Duane. 5 SENATOR DUANE: Through you, 6 Mr. President, I have. 7 Again, I voted for it in the past 8 because I thought that the intentions of the 9 sponsor of the legislation were good. And I 10 knew less then about ALS and those who work on 11 ALS than I do now. 12 In the meantime, I've actually done 13 my homework, or at least some of my homework 14 on it, reached out to representatives and have 15 discovered that well-intentioned though the 16 legislation may be, it's a piece of 17 well-intentioned legislation which the 18 advocates do not want. 19 ACTING PRESIDENT GRIFFO: Senator 20 Leibell. 21 SENATOR LEIBELL: Well, I can 22 tell you that I have met with the advocates. 23 I have met with them on numerous occasions. 24 I've met with the top researchers in the 25 United States, which fortuitously are in New

Candyco Transcription Service, Inc.

(518) 371-8910 1 York City. And they would disagree with your 2 position. 3 Thank you. 4 ACTING PRESIDENT GRIFFO: Any 5 other Senator wishing to speak? 6 Debate is closed. The Secretary 7 will ring the bell. 8 SENATOR DUANE: Mr. President, I 9 think I still have the floor. 10 ACTING PRESIDENT GRIFFO: You did 11 not have the floor. Senator Leibell asked for 12 the floor and asked for you to yield to a 13 question, Senator Duane. You yielded to a 14 question from Senator Leibell. 15 I would ask you now to explain your 16 vote. 17 SENATOR DUANE: Mr. President, I 18 was speaking on the bill. I was asked to 19 yield to a question. 20 ACTING PRESIDENT GRIFFO: You sat 21 down, Senator Duane. 22 SENATOR DUANE: No, I have not 23 sat down, Mr. President. 24 On the bill. 25 ACTING PRESIDENT GRIFFO: On the

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill, Senator Duane. 2 SENATOR DUANE: There is in fact 3 an ALS Registry Act, of which the legislation 4 is carried in the house by Eliot Engel, a 5 New Yorker, and Senate Majority Leader Harry 6 Reid. Their legislation would create a 7 national ALS registry, which would gather 8 information from the national community of 9 people with ALS and their families and their 10 supporters and advocates. All of the state 11 organizations would participate. 12 The registry would then, I hope, 13 since it would be a national registry, 14 efficiently collect information, share the 15 data on a much larger scale, and it could be 16 used as a tool for national surveillance as 17 well as be a national place for all 18 researchers to use. 19 And I think that the most 20 comprehensive and accurate data probably -- 21 not probably, but would ensure that that kind 22 of collection of data would work best, as it 23 does with other registries, comprehensive 24 registries. 25 So I'm not even sure, you know,

Candyco Transcription Service, Inc.

(518) 371-8910 1 when I looked more closely at the bill, you 2 know, who is going to be setting this up. Who 3 are the consultants that are going to be 4 involved in it? There's lots and lots of 5 unanswered questions about how this registry 6 would be set up. What physicians, what 7 organizations would be part of creating this 8 registry and implementing the registry? 9 I mean, it does say that whoever it 10 is that's doing the registry would have to 11 cooperate with, you know, physicians and 12 voluntary organizations, but it's not -- it's 13 very unclear about how and whether all the 14 stakeholders would be involved in it. 15 You know, there are already pilot 16 programs across the nation. They are -- their 17 mandate is to look at and try to find the most 18 effective ways to collect accurate 19 information, ways that that information could 20 be verified and how it is that that 21 information could be shared and collected. 22 And actually, interestingly -- 23 anyway, I just want to go back and say that 24 even the New York chapter of the ALS 25 Association is in opposition to this. And I

Candyco Transcription Service, Inc.

(518) 371-8910 1 just -- I don't think that this is -- we 2 shouldn't be doing something for people that 3 they don't want done. 4 So I'm going to encourage my 5 colleagues to vote no on this. And I feel we 6 should continue to consult with the 7 metropolitan and the statewide ALS 8 associations before we make this move. 9 Thank you, Mr. President. 10 ACTING PRESIDENT GRIFFO: You are 11 now seated, correct, Senator Duane? 12 SENATOR DUANE: I am. 13 ACTING PRESIDENT GRIFFO: Senator 14 Leibell. 15 SENATOR LEIBELL: Mr. President, 16 on the bill. 17 ACTING PRESIDENT GRIFFO: Senator 18 Leibell, on the bill. 19 SENATOR LEIBELL: I'll try and 20 answer a couple of points that came across 21 from Senator Duane. 22 This is modeled, this legislation, 23 after the cancer registry that we did, which 24 has been very successful and continues to 25 provide knowledge and information.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I also pointed out to you that 2 the information came to us through the state 3 organization, the statewide organization. 4 I've told you that I spent a day at Columbia 5 Presbyterian, which I would not wish to 6 indicate to you gave me great technical 7 knowledge. I'm not a scientist. But it did 8 lead me to me to understand a little bit more 9 about the complexities of this research and 10 how it's tied into in many other types of 11 research. 12 And I certainly am also hopeful 13 that stem cell research will provide knowledge 14 and information in this area. 15 Congress, I'm pleased that they 16 have legislation. And I hope it is 17 successful. If in fact it is ultimately 18 successful, by passing this we will have 19 wasted no time and we will have garnered 20 information from our own population that will 21 be in no way in conflict with what they would 22 gather if in fact Congress ever does enact 23 that legislation. 24 This is about gathering knowledge. 25 It's about gathering scientific information.

Candyco Transcription Service, Inc.

(518) 371-8910 1 It's about helping people and helping families 2 that suffer from a terribly dreadful disease. 3 And I cannot understand why we would wish to 4 in any way put this off. These families, they 5 suffer now. Possibly we can give them some 6 hope by enacting this legislation. 7 Thank you, Mr. President. 8 ACTING PRESIDENT GRIFFO: Senator 9 Farley, on the bill. 10 SENATOR FARLEY: Yes, Senator 11 Duane and Senator Leibell, I rise in support 12 of this. 13 And let me just say, as a former 14 national chairman of the Council of State 15 Governments -- and Senator Marcellino has been 16 regional chair of the Council of State 17 Governments, as have I, and Senator Hannon was 18 the head of suggested state legislation -- let 19 me just say what this does. 20 Actually the federal government is 21 kind of slow to move on some of these issues. 22 And so often on something like this, this 23 could be an impetus to get a national 24 registry, I'll tell you that right now. 25 New York has been a leader, you

Candyco Transcription Service, Inc.

(518) 371-8910 1 know, in many areas of banking and so forth, 2 where we have moved first and then the federal 3 government has acted as a result of what we 4 have done, the success of it. 5 All this is is an information 6 gathering for 19 million people in this, the 7 second or third largest state in the nation. 8 And Massachusetts has already done it. You're 9 going to see other states do this. And then 10 they see how this works, it dovetails 11 together, and you'll end up with a national 12 registry. 13 I think it's a good bill. There's 14 no reason to not support this. I am confident 15 that the national registry say, gee, our 16 priority is to get a national list -- but they 17 don't have one. And this could be an impetus 18 to get one. And it is the way things happen 19 nationally, because the Council of State 20 Governments, this is an example of something 21 that is done all the time in different areas. 22 States move one by one, and all of a sudden 23 the federal government moves along with it. 24 I urge support of the bill. 25 ACTING PRESIDENT GRIFFO: Any

Candyco Transcription Service, Inc.

(518) 371-8910 1 other Senator wishing to speak? 2 Debate is closed. The Secretary 3 will ring the bells. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT GRIFFO: Senator 11 Padavan, to explain his vote. 12 SENATOR PADAVAN: Thank you, 13 Mr. President. 14 Annually for the last three or four 15 years the ALS Association has conducted a 16 cavalcade that begins in Manhattan, goes 17 through the center of the city of New York, 18 Queens, and all the way out to Long Island. 19 And one of the places they spend time at and 20 gather is the parking lot at St. John's 21 University, where I meet them, along with 22 other elected officials. 23 And so over the years I've gotten 24 to know many of the leaders, as well as many 25 of those who are suffering by ALS, and know

Candyco Transcription Service, Inc.

(518) 371-8910 1 the wishes, desires and the goals of that 2 organization and the individuals directly 3 affected. 4 Now, a lot of discussion that we 5 heard was relevant to the reporting mechanism 6 in this bill. But what is overlooked is 7 perhaps the more important part of the bill, 8 and it says very directly that the 9 commissioner shall develop, work with counties 10 and cities in the state for the diagnosis and 11 treatment of these diseases and shall 12 cooperate with local health authorities, 13 physicians, hospitals, clinics and voluntary 14 associations in the development of suitable 15 facilities for the diagnosis, treatment and 16 control of ALS. 17 And that's what they keep talking 18 about when they gather there. They say 19 there's not enough going on in this state and 20 perhaps in the nation that deals with 21 developing -- we know there's no cure. But 22 certainly we have to move in the direction of 23 developing treatment modalities, ways of 24 dealing with the disease. And that's not 25 going on in this state to the extent that it

Candyco Transcription Service, Inc.

(518) 371-8910 1 should and can, and that's what they're 2 calling for. 3 Now, I can't get involved into the 4 discussion on the reporting, because I don't 5 know enough about that other than what I read. 6 But I know do know that this part of the bill 7 is very significant. And if there's any one 8 you should vote for, it's for that. 9 I vote aye. 10 ACTING PRESIDENT GRIFFO: Senator 11 Padavan to be recorded in the affirmative. 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 2034 are 15 Senators Adams, Connor, Duane, Gonzalez, 16 Hassell-Thompson, L. Krueger, Perkins, 17 Sampson, Savino, Schneiderman, Serrano, 18 Stachowski and Thompson. Also Senator 19 Montgomery. Also Senator Diaz. 20 Absent from voting: Senator C. 21 Kruger. 22 Ayes, 45. Nays, 15. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 The Secretary will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2040, by Senator LaValle, Senate Print 3817, 3 an act to amend the Education Law. 4 SENATOR OPPENHEIMER: 5 Explanation, please. 6 ACTING PRESIDENT GRIFFO: 7 Explanation. 8 SENATOR LaVALLE: Thank you, 9 Mr. President. 10 There could not be a better segue 11 into this bill than the discussion that we had 12 this morning on Senator Fuschillo's bill on 13 the Roosevelt School District. The bill that 14 we have before us is a bill that is 15 essentially a disclosure bill, a bill that 16 asks our school districts to provide greater 17 transparency into the budget process and how 18 budgets are presented to the voters. 19 One of the provisions here, we just 20 talk about the point of the Roosevelt School 21 District. There are provisions here on how a 22 budget is presented in a comparison report 23 card asking for information on the total 24 dollar amount actually spent pursuant to the 25 school budget adopted the previous year, the

Candyco Transcription Service, Inc.

(518) 371-8910 1 total amount to be appropriated under the 2 proposed budget for the ensuing year, the 3 maximum amount of money available under the 4 contingent budget cap for the ensuing year, 5 and the total dollar amount to be appropriated 6 under the proposed contingent budget. 7 This is but one of many provisions 8 that asks the school district to give to the 9 voter, in as plain language as they possibly 10 can, information so that the voter can make 11 intelligent decisions and can be really 12 involved in the budget process. 13 It provides for notice when a 14 school budget -- and we've had a discussion on 15 this floor on fund balances, whether they 16 exceed the 2 percent. And one of the things 17 in drafting this bill that I've found very 18 interesting is that we do not have fines or if 19 a school district exceeds the 2 percent, 20 nothing ever happens to the school district. 21 Nor would we want to really fine a school 22 district for exceeding the 2 percent, because 23 we would be fining our taxpayers and just 24 adding to the very burden. 25 And so what we do in this bill is

Candyco Transcription Service, Inc.

(518) 371-8910 1 to say that the school district, if it has 2 been brought to their attention that they did 3 something inappropriate, in violation of the 4 Education Law, that they must notify the 5 public, simple notification: Yeah, you know, 6 we didn't realize that we were in excess of 7 the 2 percent limit. We carried 4 percent. 8 And so the taxpayer can understand what it is 9 that their school district is doing. 10 Also, in the way a budget is 11 presented, so many of you, I am sure -- 12 outside of the City of New York -- have had 13 taxpayers come to you indicating that if they 14 didn't pass the budget that certain things 15 would be left out. This Legislature over the 16 years has ensured that many items, such as 17 transportation and other things, are part of a 18 contingent budget. We didn't want to go 19 through and deny children transportation 20 because the district was using that as a 21 hostage to get people to vote yes. 22 So here we merely say if there's 23 going to be a contingent budget, what is it 24 that will be in that? Just don't tell me 25 you're going to eliminate sports, but tell us

Candyco Transcription Service, Inc.

(518) 371-8910 1 you're going to eliminate junior varsity 2 tennis or freshman football or women's field 3 hockey or women's soccer. Be specific so that 4 the voter understands, if they don't support 5 the budget, what the contingency budget would 6 look like. 7 So what we try and do -- and this 8 bill could not be brought before this body at 9 a more relevant time, when everything is all 10 about disclosure, greater transparency, giving 11 people information, making them part of the 12 process. And that's what this bill does. 13 SENATOR OPPENHEIMER: Mr. 14 President. 15 ACTING PRESIDENT GRIFFO: Senator 16 Oppenheimer. 17 SENATOR OPPENHEIMER: On the 18 bill. 19 ACTING PRESIDENT GRIFFO: Senator 20 Oppenheimer, on the bill. 21 SENATOR OPPENHEIMER: There is 22 much to applaud in this bill, Senator LaValle. 23 I particularly like the fact that you're 24 demonstrating very clearly what would and 25 would not be in a contingency budget. I think

Candyco Transcription Service, Inc.

(518) 371-8910 1 that's very valuable. I think demonstrating 2 what is in the surplus funds is valuable. 3 But on the whole, I feel there are 4 some damaging things in here, and I just want 5 to speak briefly on them. 6 For one, nothing prohibits a school 7 district now from doing just what you are 8 recommending in your budget. Indeed, in our 9 school district, it is fully presented and we 10 do get sometimes, I think, more information 11 than we really want. 12 But as you say, information is 13 valuable and voters should be informed. And I 14 think it's important that we do that. And 15 that's why I say part of this bill is very 16 good. 17 But if you examine it more closely, 18 this also has a requirement to do the proposed 19 construction bonding at the same time. And I 20 really think -- at the same time as you do 21 your school budget vote. And I think that's 22 the crux of my problem right there. 23 To do all the projects at the same 24 time presents a number of problems. It's a 25 huge problem for SED because they will be

Candyco Transcription Service, Inc.

(518) 371-8910 1 handling these requests for approval of 2 construction bonding in many districts at the 3 same time. That's a problem. 4 A second problem is if this is done 5 in the third week in May, when we must do our 6 budget votes, then construction could not 7 possibly start until the following year. And 8 the figures that you present in May of one 9 year will not hold the same when they go into 10 the ground a year later. 11 It doesn't offer the flexibility 12 that is needed when you go to bond for 13 construction. You want to have flexibility as 14 far as your labor and construction markets, as 15 far as the bond markets. And all of that is 16 not available if you don't have the 17 flexibility. It must be this third week in 18 March and no alternatives. 19 I think that is the main problem 20 that I have. And I see it as a problem for 21 many of the people so intimately involved in 22 school funding and education issues. And I 23 think there's a rather extraordinary communion 24 of folks who don't want to see this happen, 25 who want to see this bill defeated. And it is

Candyco Transcription Service, Inc.

(518) 371-8910 1 so extraordinary, this communion, that I'm 2 going read them out. 3 For instance, SED, State Education 4 Department, does not want to see this happen. 5 The School Boards Association is against this 6 bill. The superintendents, the New York State 7 Superintendents of Schools is against this 8 bill. The New York State United Teachers is 9 against this bill. Isn't it quite remarkable? 10 I've never seen all these groups working 11 together. Quite extraordinary. 12 So I think, because I'm afraid 13 something will strike me dead if I voted for 14 this -- but no, seriously, I think the 15 important thing is that we have to have the 16 flexibility for when we put these bond 17 resolutions before our constituencies. And I 18 think it is damaging to do it at the same time 19 as we do our budget votes in May. 20 I'll be voting no. 21 ACTING PRESIDENT GRIFFO: Senator 22 Craig Johnson. 23 SENATOR CRAIG JOHNSON: Thank you 24 very much, Mr. President. On the bill. 25 ACTING PRESIDENT GRIFFO: On the

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill. 2 SENATOR CRAIG JOHNSON: With all 3 due respect to my good friend and colleague 4 Senator Oppenheimer, I view this measure not 5 as a glass half empty but a glass almost all 6 the way full, and I will be voting in favor of 7 this legislation. 8 I see this as a critical piece of 9 legislation for our constituents. That's what 10 the issue we're talking about here. With all 11 due respect to the SED, to the School Boards 12 Association, to the superintendents and to the 13 teachers union, that's not what this bill is 14 about. 15 This bill is about taxpayers who we 16 represent who live in our districts who are 17 faced on Election Day, the third Tuesday in 18 May, with whether or not they want to see 19 their property taxes go up. 20 Oftentimes these budget votes are 21 very confusing. Our school boards try very 22 hard to educate the voting public about what's 23 in a school budget, but oftentimes -- and I 24 think everybody is experiencing it, especially 25 members who represent the suburbs -- Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Marcellino, Senator LaValle, myself, Senator 2 Oppenheimer, to name a few -- the fights that 3 we see amongst our friends and neighbors over 4 the school budgets, and a lot of times it's 5 about information or misinformation that's 6 being given on a school budget. 7 Oftentimes it's about the 8 consequences of a failed budget vote. Senator 9 Fuschillo, my good friend, talked about 10 Roosevelt today and how the Roosevelt budget 11 vote, the first time around, failed. In my 12 district last month the Westbury School 13 District budget vote failed for the first time 14 and they had to go to a second round of votes. 15 Oftentimes the voters, when they 16 see a second budget vote fail, then it goes 17 into contingency. But there are times when 18 that contingency budget is actually very close 19 in amount to what a proposed budget would be, 20 and so you don't really know what's going to 21 be lost. 22 So what you have here -- and I 23 commend Senator LaValle for this 24 legislation -- is a way to ensure full 25 information about you're voting upon. And

Candyco Transcription Service, Inc.

(518) 371-8910 1 that full information provides and shows that 2 this is the consequence if we don't pass a 3 budget, look what could happen. 4 And it really requires the school 5 board -- whose representatives are our 6 neighbors, our friends, our constituents -- to 7 think ahead of time during the process what 8 the consequence will be if a budget fails. 9 Now, interestingly, I think many of 10 us know that in -- and this administration has 11 started talking about our state budget process 12 starting earlier. There's talks about 13 starting the budget process for the state 14 budget in November, giving a substantial 15 period of time to talk about what's going to 16 be in next year's budget. 17 This does the same thing and will 18 require our school boards to do a little bit 19 of the same thing, to start thinking about a 20 budget earlier because they're going to be 21 really required to do two budgets, the budget 22 they hope to have passed and, if the budget 23 doesn't get passed, what's the contingency 24 budget. And that way the entire voting public 25 knows, look, this is what could happen if you

Candyco Transcription Service, Inc.

(518) 371-8910 1 don't support a first budget. 2 And that's a good thing. It's a 3 good thing to know whether or not the JV 4 tennis program is going to get cut, the 5 driver's education program is going to get 6 cut, the French program is going to get cut, 7 or the school busing program is going to get 8 cut. The voters have a right to know because 9 it's their tax dollars that are supporting 10 these programs and these schools. 11 I truly appreciate the concerns 12 that my colleague Senator Oppenheimer has and 13 the concerns that these groups have put forth 14 in expressing reservations about this 15 legislation. But I think that given all the 16 difficulties we are seeing today with our 17 residents who are facing the difficult choice 18 of whether or not they can continue to afford 19 to live in the area that Senator LaValle 20 represents or the areas that I represent, we 21 need to make the decision a little bit easier, 22 and putting forth and supporting this 23 initiative will help do that. 24 So I support Senator LaValle's 25 initiative, I commend Senator LaValle, and I

Candyco Transcription Service, Inc.

(518) 371-8910 1 will be voting yes on this initiative. 2 Thank you very much. 3 ACTING PRESIDENT GRIFFO: Senator 4 Stavisky. 5 SENATOR STAVISKY: I have a 6 question for Senator LaValle, if he would 7 yield. 8 ACTING PRESIDENT GRIFFO: Will 9 the sponsor yield? 10 SENATOR LaVALLE: Yes, I will, 11 Mr. President. 12 SENATOR STAVISKY: Is there any 13 provision for an emergency situation where a 14 school district finds an unanticipated 15 special, expensive need that would have to be 16 bonded out? 17 ACTING PRESIDENT GRIFFO: Senator 18 LaValle. 19 SENATOR LaVALLE: Senator 20 Stavisky, as you would probably imagine, in 21 the drafting of this bill I was very 22 intimately involved. And we talked about -- I 23 talked about that, and I've got to find that 24 one section, because I can't -- unless you 25 have it there.

Candyco Transcription Service, Inc.

(518) 371-8910 1 But there was -- in the discussion 2 on this bill we thought about putting in 3 the -- allowing for emergencies. Because a 4 boiler could explode. To replace a boiler you 5 would need, you know, voter approval or -- 6 although there are certain, you know, 7 exceptions. 8 And I'm glad that Senator 9 Oppenheimer brought up this issue of the 10 bonding, and you're bringing it up, because 11 some of these things can be resolved in a 12 chapter amendment. 13 The issue of the bonding being at 14 the same time was done because many of our 15 taxpayers, particularly senior citizens, feel 16 offended that it is brought up in January and 17 February when, you know, a large percent are 18 being snowbirds down in Florida. 19 Now, whether it's just a 20 coincidence or not, they feel offended. And 21 that resentment builds up a negative attitude 22 when they can vote on the budget. Because 23 they say, You know what you did to me, you 24 know, in January and February, I'm going to 25 vote no on the budget.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I don't have an answer for you 2 on -- without looking through the bill, unless 3 you've looked through it and you know it 4 either exists or it doesn't exist. Does it 5 exist? 6 SENATOR STAVISKY: (Shrugging.) 7 SENATOR LaVALLE: You don't know. 8 But it's a good point. It's a good 9 point. Because there had been discussion on 10 this very issue, and I honestly don't know 11 whether it got into this version. 12 ACTING PRESIDENT GRIFFO: Senator 13 Stavisky. 14 SENATOR STAVISKY: I think I'm 15 going to have an answer in a moment. 16 SENATOR LaVALLE: I think I was 17 right in what I said, that there are other 18 provisions outside of this that allow you, in 19 emergency situations, to move forward. 20 SENATOR STAVISKY: Because I 21 would not -- through you, Mr. President, I'm 22 sure you would agree we would not want a bond 23 issue to replace a boiler. That's just bad 24 policy. 25 On the other hand, if, let's say,

Candyco Transcription Service, Inc.

(518) 371-8910 1 there's a flood, as we've been experiencing, 2 and perhaps there's extensive damage to a 3 school, then perhaps this is a more serious 4 situation that could require an emergency 5 appropriation. 6 SENATOR LaVALLE: Those kinds of 7 things are allowed in law. I mean, all the 8 time there are fires and schools have to be 9 repaired and they are repaired in those 10 circumstances. 11 SENATOR STAVISKY: Through you, 12 Mr. President, Senator LaValle raises another 13 interesting question. 14 Do they have any provision for 15 absentee voting in these school board 16 elections? 17 ACTING PRESIDENT GRIFFO: Senator 18 LaValle. 19 SENATOR LaVALLE: I'm sorry? 20 ACTING PRESIDENT GRIFFO: Can we 21 have some order, please. 22 Senator Stavisky. 23 SENATOR STAVISKY: Through you, 24 Mr. President, are there any provisions made 25 for absentee voting in the school board

Candyco Transcription Service, Inc.

(518) 371-8910 1 elections? 2 SENATOR LaVALLE: Of course there 3 are. 4 SENATOR STAVISKY: So, 5 Mr. President, presumably the senior citizens 6 can vote on an absentee ballot if they're 7 indeed snowbirds. 8 Thank you, Senator. 9 ACTING PRESIDENT GRIFFO: Thank 10 you. 11 Senator Oppenheimer. 12 SENATOR OPPENHEIMER: Thank you. 13 I guess I want to direct this -- if Senator 14 Craig Johnson would yield. 15 ACTING PRESIDENT GRIFFO: Senator 16 Johnson, do you yield to a question from 17 Senator Oppenheimer? 18 SENATOR CRAIG JOHNSON: Of 19 course, Senator. Yes, Mr. President. 20 ACTING PRESIDENT GRIFFO: Senator 21 Oppenheimer. 22 SENATOR OPPENHEIMER: Well, I did 23 not want to forget to say that the 24 opportunity -- this is a statement I'm making; 25 then I'll ask my question -- the opportunity

Candyco Transcription Service, Inc.

(518) 371-8910 1 to put in emergency legislation I would assume 2 is not under question. Because if you have a 3 burnt-out school or a flooded-out school, you 4 have to do something. 5 So I think that even though it 6 might not specifically be written into the 7 bill, I think under an emergency situation we 8 would always be able to correct what the 9 problem was. 10 In the case of Bronxville in 11 Westchester, which Bronxville High School got 12 flooded out, we had emergency legislation so 13 that we could do something. So again -- 14 ACTING PRESIDENT GRIFFO: Senator 15 Oppenheimer, are you speaking on the bill or 16 do you have a question? 17 SENATOR OPPENHEIMER: No, I said 18 I was making a statement. Now I'm going to 19 ask my question. 20 And the question is that there 21 seems to be perhaps some kind of a problem 22 which I'm trying to understand, because I 23 don't experience that problem where I am in my 24 county. And we both have suburban counties, 25 so I can't imagine that they're that

Candyco Transcription Service, Inc.

(518) 371-8910 1 different. 2 But why is it not available to you 3 now, since all these resources are there and 4 we do require them, more or less, in our 5 county, by going to your school board -- 6 here's your question -- by going to your 7 school board and saying, This is what we 8 expect you to do. We -- you know, the 9 population of your school district -- are very 10 interested in seeing that you give us a full 11 representation of all of your reserve funds, 12 of, you know, what -- I know, you're 13 shrugging. 14 But you can appeal to your school 15 board to say, This is what we expect, we the 16 voters of this school district. 17 So I'll first present it to Senator 18 Craig Johnson, and then I will ask for Senator 19 LaValle. 20 ACTING PRESIDENT GRIFFO: Senator 21 Johnson. 22 SENATOR CRAIG JOHNSON: Thank you 23 very much. Thank you, Mr. President. Thank 24 you, Senator, for the question. 25 I think it's very simple. I think

Candyco Transcription Service, Inc.

(518) 371-8910 1 that we represent the residents of our 2 district as a senatorial body. And oftentimes 3 school boards may or may not take the 4 suggestion. I'll give you a perfect example, 5 and something that we handled today not just, 6 you know, six hours ago, and that was the food 7 allergy bill. 8 When I was a county legislator, I 9 had to enlist the Nassau County Board of 10 Health to recommend to school boards to enact 11 a food allergy guideline. Now, it was just a 12 recommendation. They could do it if they 13 wanted to, or they could not do it. Some 14 school boards in Nassau County did it; some 15 didn't, and for a variety of reasons. 16 Same here. Now, with this piece of 17 legislation, we have an opportunity to make a 18 statement to direct the school boards to do 19 this. To do this. It is that important, I 20 believe. Not as a sponsor or cosponsor, but 21 simply as an interested Senator representing 22 the 7th Senatorial District, to have all my 23 school boards undertake this responsibility. 24 And they can do it. I believe they 25 can do it. They have the staffing, they have

Candyco Transcription Service, Inc.

(518) 371-8910 1 the personnel to prepare, while they're 2 preparing the budget and the information for 3 the budgets, to also prepare the information 4 to show the what-if scenario to fully educate 5 the voters. 6 SENATOR OPPENHEIMER: Thank you. 7 ACTING PRESIDENT GRIFFO: Senator 8 Oppenheimer. 9 SENATOR OPPENHEIMER: If Senator 10 LaValle would please respond to that same 11 question. 12 ACTING PRESIDENT GRIFFO: Would 13 the sponsor yield? 14 SENATOR LaVALLE: Yes, I will. 15 It feels a little bit like a 16 candidate night, that you're asking several 17 people that one question. 18 But this was drafted with the 19 purpose of ensuring that information gets to 20 the public, that it's done uniformly. Yes, 21 there are probably school districts that are 22 exemplary, that they feel a connection with 23 their taxpayer and are responsive. But I 24 would tell you, on the issue of the surplus 25 monies and the way a budget is formulated,

Candyco Transcription Service, Inc.

(518) 371-8910 1 with other monies buried in there, school 2 districts for the most part have adopted, 3 unfortunately -- and I can't understand why -- 4 a them-and-us attitude. 5 And so if there is one level of 6 government that doesn't have transparency and 7 doesn't have disclosure, it's at the one level 8 where 68 percent of an individual's tax bill 9 is school taxes. That should be the level 10 that has the greatest disclosure, the greatest 11 communication, so that people feel part of the 12 process. 13 So, I mean, I can't tell you out of 14 more than 700 districts whether 200 are rogues 15 and the other 500 are exemplary, good 16 citizens. 17 I also would say to you, Senator, 18 that being a school board member is a 19 volunteer position. It's a volunteer 20 position. They can only spend so much time in 21 their life to scrutinize this huge budget. In 22 Suffolk County and Nassau County there are 23 many budgets well over $100 million and 24 growing. And growing. How do we expect a 25 volunteer to go through that budget in detail?

Candyco Transcription Service, Inc.

(518) 371-8910 1 And many times I'll say to a school 2 board member, How could you support this? 3 They go [shrugs], I didn't even know it was in 4 there. 5 So I think we need standards so 6 that everyone can properly disclose what is 7 going on in a very complex situation. 8 ACTING PRESIDENT GRIFFO: Senator 9 Oppenheimer. 10 SENATOR OPPENHEIMER: Well, I do 11 appreciate -- yes, I'm on the bill. 12 ACTING PRESIDENT GRIFFO: Senator 13 Oppenheimer, on the bill. 14 SENATOR OPPENHEIMER: I do 15 appreciate what my colleagues are saying. And 16 perhaps I don't have too many examples of what 17 they're describing in my county, though I can 18 hear that there are certain examples in the 19 other counties. 20 I feel the example of the snowbirds 21 voting their ire when it comes time for the 22 regular school budget, that doesn't hold 23 water. Because I was going to say the same 24 thing that Senator Stavisky said, which is if 25 they're so interested in voting down a bond

Candyco Transcription Service, Inc.

(518) 371-8910 1 issue, then they ought to be voting in 2 absentee. And we certainly have a lot of 3 absentee voters. 4 But the very problematic piece of 5 all of this is putting the bonding on the same 6 vote date as the regular school board and 7 school budget vote. And that presents so many 8 problems, makes it so much more costly when 9 you have to delay by one year getting into the 10 ground to do your construction. 11 And seeing as how every entity that 12 seems to be involved in school and school 13 budgeting and school education, every entity 14 seems to be against this, I will be voting no. 15 ACTING PRESIDENT GRIFFO: Is 16 there any other Senator that wishes to be 17 heard? 18 Debate is closed. The Secretary 19 will ring the bells. 20 Read the last section. 21 THE SECRETARY: Section 9. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 2040 are 5 Senators Adams, Connor, Dilan, Duane, 6 Gonzalez, Hassell-Thompson, L. Krueger, 7 Montgomery, Onorato, Oppenheimer, Perkins, 8 Sampson, Schneiderman, Serrano, Smith, 9 Stachowski, Stavisky and Thompson. 10 Absent from voting: Senator C. 11 Kruger. 12 Ayes, 42. Nays, 18. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 2065, by Senator Marcellino, Senate Print 18 6323, an act to amend the Environmental 19 Conservation Law. 20 SENATOR SCHNEIDERMAN: 21 Explanation. 22 ACTING PRESIDENT GRIFFO: 23 Explanation, Senator Marcellino. 24 SENATOR MARCELLINO: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 In 2003 we passed the first 2 brownfield law in this state, after many, many 3 years of hard work and a lot of effort on a 4 lot of people's parts. 5 From just about day one, people 6 were asking us to amend the bill and change 7 it. We held off because we felt the bill 8 should be given a chance to operate and 9 function, see what it did in the real world. 10 Let's see what would happen when various 11 organizations, municipalities, lawyers, 12 developers and the like got involved. 13 After a few years it became evident 14 that the bill was not working the way it was 15 intended. The bill had the opportunity and 16 the potential to be the greatest environmental 17 cleanup measure and the great economic 18 development measure that this state has seen. 19 After meeting with various 20 individuals, organizations and groups, we 21 began to develop the bill that is before us 22 today. This bill clarifies that brownfield 23 sites with historic fill are eligible for the 24 program. And this change will allow a large 25 number of sites to enter the program,

Candyco Transcription Service, Inc.

(518) 371-8910 1 especially those located on our waterfronts 2 and those in our inner cities. 3 This Senate bill moves the 4 Brownfield Opportunity Areas from the DEC to 5 oversight by the Department of State. The BOA 6 program encourages community planning in 7 neighborhoods burdened by brownfields, by 8 providing funds to help assess the conditions 9 fueling abandonment and decay and to create a 10 community vision that subsequent cleanups and 11 community development projects will help 12 fulfill. 13 This amendment will remove the 14 delays in funding for this key program that 15 ensures community participation and 16 revitalization of distressed areas and the 17 attraction of new investment to those areas, 18 which is a key element here. 19 This Senate bill modifies the 20 environmental easements on remediated 21 brownfields to meet the standards of the 22 Uniform Environment Covenancy Act. These 23 standards were developed by the National 24 Conference of Commissioners of Uniform State 25 Laws. These changes will offer more certainty

Candyco Transcription Service, Inc.

(518) 371-8910 1 for national developers looking to do cleanups 2 in New York State. 3 The bill is a good step. Is it 4 everything I would want? No. Does it address 5 every issue I think might have to be 6 addressed? No. The committees -- and we're 7 in communication with the En Con Committee in 8 the other house, chaired by my friend 9 Assemblyman Sweeney -- are going to hold some 10 hearings over the summer to address the issue, 11 to see what we can do to develop approval. 12 Right now there is no corresponding 13 bill in the other house. So we're going to 14 try to come together on this issue and see if 15 we can close some of the loopholes and some of 16 the doors that are still left open by the 17 prior bill. 18 But I do believe that this bill 19 provides us a good basis to work from. And if 20 we had to pass this bill today and it was to 21 become law, it would eliminate probably 75 to 22 80 percent of the objections that are out 23 there by any groups. 24 Thank you. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Schneiderman. 2 SENATOR SCHNEIDERMAN: Thank you, 3 Mr. President. If the sponsor would yield for 4 a few brief questions. 5 ACTING PRESIDENT GRIFFO: Senator 6 Marcellino, will you yield for a few brief 7 questions? 8 SENATOR MARCELLINO: Yes, I'm 9 happy to yield. 10 ACTING PRESIDENT GRIFFO: Senator 11 Schneiderman. 12 SENATOR SCHNEIDERMAN: Thank you. 13 Under this legislation, if I am the 14 owner -- I purchased a state Superfund site 15 with full knowledge that it was a polluted 16 site, a Class 2 Superfund site -- as soon as 17 this bill passes, as of the effective date, I 18 would be able to transfer that into a 19 brownfield site and receive tax credits for a 20 cleanup that I'm already legally obligated to 21 perform. Is that not correct? 22 ACTING PRESIDENT GRIFFO: Senator 23 Marcellino. 24 SENATOR MARCELLINO: As long as 25 the site is owned by someone who didn't do the

Candyco Transcription Service, Inc.

(518) 371-8910 1 spilling. The program is only for volunteers. 2 SENATOR SCHNEIDERMAN: Yes. If I 3 am a purchaser who purchased with knowledge a 4 Class 2 Superfund site, know I have to clean 5 it up when I buy it, that's factored into the 6 purchase price, this program, as of the day 7 this bill becomes law, would get me off the 8 hook and I could make it a brownfield, receive 9 tax credits for obligations that I'm already 10 under. Is that not correct? 11 SENATOR MARCELLINO: The answer 12 is yes. 13 SENATOR SCHNEIDERMAN: Thank you, 14 Mr. President. Thank the sponsor. 15 On the bill. 16 ACTING PRESIDENT GRIFFO: Senator 17 Schneiderman, on the bill. 18 SENATOR SCHNEIDERMAN: This is 19 one of the most remarkable end-of-session 20 moves I've seen in a few years. 21 We know that we have a problem with 22 our current Superfund and brownfield programs. 23 We know that under the last administration's 24 Department of Environmental Conservation, 25 sites languished, there was not the kind of

Candyco Transcription Service, Inc.

(518) 371-8910 1 vigorous pursuit of polluters and responsible 2 parties that the law contemplates. 3 Now, all of a sudden, we've got a 4 new sheriff in town, a new DEC commissioner 5 who maybe is more interested in pursuing 6 polluters and responsible parties. 7 So what this would do -- ladies and 8 gentlemen, before you vote for this, think 9 carefully -- this would take Class 2 Superfund 10 sites -- which are the worst sites in the 11 state. We have no Class 1 Superfund sites in 12 the state. The worst polluted sites are Class 13 2 Superfund sites. They are under this 14 bill -- and everyone who owns one, as long as 15 you weren't the actual polluter, but most of 16 these sites have been passed along over time, 17 would be immediately removed from the 18 obligation to clean it up with no cost to the 19 state and place it into the brownfield program 20 where you could receive tax credits. 21 This is some transfer from the 22 taxpayers of the State of New York to big 23 property owners, developers, and businessmen 24 of the State of New York. 25 So, you know, you can't blame

Candyco Transcription Service, Inc.

(518) 371-8910 1 people for trying. They should try to get 2 money. Capitalists are in business to make 3 money. If I buy stock in a company, I want 4 them to make money. But they shouldn't be 5 given the money, by the Senate of the State of 6 New York, of the taxpayers of the State of 7 New York, to clean up sites that they're 8 already under a legal obligation to clean up. 9 Now, the new DEC commissioner is 10 working -- and, as the sponsor has correctly 11 acknowledged, the Assembly is working -- to 12 come up with proposals to amend our current 13 brownfield bill. Why we would make this 14 hollow gesture in favor of some developers, in 15 favor of some people who are not eligible for 16 the substantial tax credits under the 17 brownfield law and want to be, why we would do 18 this, I don't know. There may be some hidden 19 financial connection that I can't see. 20 But I know that the Environmental 21 Advocates are opposed to it quite simply for 22 this reason. This bill, while it contains 23 provisions we all support, does not deal with 24 the problem of the tax credits, which is the 25 principal problem of the brownfields program.

Candyco Transcription Service, Inc.

(518) 371-8910 1 It doesn't deal with the problem that we have 2 tax credits that are given out today that have 3 no proportionality to the amount of cleanup. 4 This bill in fact would create 5 another loophole and transfer millions and 6 millions more dollars of tax credits to the 7 developers. Let me give you -- 8 ACTING PRESIDENT GRIFFO: Senator 9 Connor, why do you rise? 10 SENATOR CONNOR: Yes, excuse me, 11 Mr. President. Would Senator Schneiderman 12 yield for a question? 13 ACTING PRESIDENT GRIFFO: Senator 14 Schneiderman, will you yield? 15 SENATOR SCHNEIDERMAN: Let me 16 just check my place in my voluminous notes, 17 and I'd be happy to yield to the distinguished 18 gentleman from Brooklyn Heights. 19 ACTING PRESIDENT GRIFFO: Senator 20 Connor. 21 SENATOR CONNOR: Thank you, 22 Mr. President. 23 I would ask Senator Schneiderman if 24 he had occasion, as I did, to read the entire 25 PlanNYC proposal proposed by the mayor of

Candyco Transcription Service, Inc.

(518) 371-8910 1 New York City, which includes congestion 2 pricing, and if he was aware of the fact that 3 it also includes a similar brownfields 4 provision exonerating persons who own polluted 5 sites and giving them taxpayer funds to clean 6 them up. 7 SENATOR SCHNEIDERMAN: Yes. 8 We're taking a slight trip a bit afield, but 9 it is absolutely correct that the PlanNYC 10 legislation does include a brownfields 11 provision. It is not the same as this, but it 12 has several features which in fact, when we 13 met with the mayor's representatives, I have 14 objected to. 15 Among other things -- I don't want 16 to give ideas that might be seized upon to the 17 detriment of the public interest, but among 18 other things, the mayor's proposal actually 19 provides that companies can self-certify their 20 cleanup, which is viewed as very problematic 21 by a lot of environmentalists. 22 SENATOR CONNOR: Right. It's 23 even more problematic than -- 24 SENATOR SCHNEIDERMAN: But yes, 25 you are correct that there is a brownfields

Candyco Transcription Service, Inc.

(518) 371-8910 1 program there. And should the congestion 2 pricing legislation ever grace this house, I 3 look forward to a discussion of these matters 4 then. 5 But meanwhile, back at the current 6 caper, the brownfields tax credit program 7 currently has no requirement that limits the 8 amount of tax credit to the amount of money 9 spent on the cleanup. So think of the lust of 10 the developers for these tax credits when you 11 hear the following examples. I'm trying to 12 get Sabini's support. 13 Here's an example of one cleanup. 14 The cost of the site preparation, the cleanup, 15 was $1.5 million. But the development was a 16 $500 million development, making that 17 developer eligible for $110 million in tax 18 credits for a $1.5 million cleanup. 19 Ah, another example. This in 20 Manhattan, in fact. A $770 million 21 development proposal, they spent $18.2 million 22 on cleanup, but they got a $157.6 million tax 23 credit. 24 So the problem with the brownfields 25 program that the Assembly is attempting to

Candyco Transcription Service, Inc.

(518) 371-8910 1 address, that Commissioner Grannis is 2 attempting to address, is that the tax credits 3 are already out of control. The only thing 4 that is putting some limits on some of the 5 sites, the worst sites, is that currently, 6 under the existing program, Class 2 Superfund 7 sites and other Superfund sites -- but the 8 worst are the Class 2 sites -- are not 9 eligible for these tax credits. That is the 10 one thing that is holding back the sea. 11 This bill would immediately 12 transfer every existing Class 2 site held by a 13 purchaser -- not by a polluter, but held by 14 someone who bought it with knowledge of the 15 pollution -- and turn it in a brownfield so 16 they're eligible for these tax credits. That 17 is a monumental transfer of the taxpayer 18 dollars we are supposed to protect to 19 developers and real estate interests in the 20 State of New York. 21 I hope you are all listening and 22 paying attention. It is not necessary for us 23 to pass this bill. It is a one-house bill. 24 Hearings are being held. The new commissioner 25 wants to take a more aggressive approach to

Candyco Transcription Service, Inc.

(518) 371-8910 1 going after the very polluters -- the very 2 holders of polluted property, excuse me, the 3 responsible parties for pollution of Superfund 4 sites that this bill would transfer into the 5 brownfields program. 6 So, ladies and gentlemen, it is 7 late in the day and it's late in the session. 8 Whatever interests have compelled you to move 9 forward and advance this bill today, I urge 10 you to rethink it. This is a bad bill for the 11 people of the State of New York. This is a 12 bad bill for the taxpayers of the State of 13 New York. 14 And the final piece of this that I 15 must raise that adds insult to injury is that 16 this bill would enable local governments to 17 authorize sites to be brownfields. Now, I 18 love my local government. I love the 19 independent mayor of my local government -- 20 more so since he's independent. But 21 municipalities who are not paying for the tax 22 credits should not be authorized to accept 23 applications for brownfields. If I'm running 24 a municipality, I want everyone in my 25 municipality to get state tax credits for

Candyco Transcription Service, Inc.

(518) 371-8910 1 cleanups. That is bad public policy. 2 So I would urge all of you, 3 particularly anyone who has any notion or any 4 claim to being a fiscal conservative, do not 5 give away taxpayer dollars to developers. Do 6 not open up the floodgates for the brownfields 7 program while we are in the process of 8 attempting to review and modify the program. 9 I appreciate the fact that we have 10 to do something about this. The work is 11 underway by Commissioner Grannis and by the 12 Assembly, led by that great Assemblyman Diaz. 13 And I hope that you will all think carefully 14 before we vote for something -- the good Diaz. 15 ACTING PRESIDENT GRIFFO: Senator 16 Diaz, why do you rise? 17 SENATOR SCHNEIDERMAN: Yes, yes, 18 let me just finish this sentence. Momentito, 19 por favor. 20 So I urge all of you, before we go 21 off on what I have a feeling will be another 22 entertaining frolic or detour, to think 23 carefully about this bill and vote against it. 24 Thank you, Mr. President. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Diaz. 2 SENATOR DIAZ: Would Senator 3 Schneiderman yield for a question. 4 ACTING PRESIDENT GRIFFO: Senator 5 Schneiderman, do you yield? 6 SENATOR SCHNEIDERMAN: [In 7 Spanish.] 8 SENATOR DIAZ: [In Spanish.] 9 SENATOR SCHNEIDERMAN: [In 10 Spanish.] 11 SENATOR DIAZ: [In Spanish.] 12 ACTING PRESIDENT GRIFFO: For the 13 benefit of the stenographer. 14 SENATOR SCHNEIDERMAN: Don't 15 worry. 16 (Laughter.) 17 ACTING PRESIDENT GRIFFO: Muy 18 bien. 19 (Laughter.) 20 SENATOR DIAZ: This is the bad 21 Diaz. The good Diaz is on the other side. 22 SENATOR SCHNEIDERMAN: The good 23 Diaz, supporting the Assembly hearings. 24 SENATOR DIAZ: Senator, I'm just 25 going to pick up on what Senator Connor asked.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Could you please explain to me in Spanish, in 2 English, in German, in whatever you want, what 3 is the difference between this granting 4 permission or exemptions to developers and 5 Mayor Bloomberg's plan? 6 SENATOR SCHNEIDERMAN: Si. 7 ACTING PRESIDENT GRIFFO: Senator 8 Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you. 10 There's actually very little 11 overlap between this proposal and Mayor 12 Bloomberg's proposal. This proposal is a 13 statewide proposal that specifically transfers 14 a certain category of sites, Superfund sites, 15 or makes them eligible for transfer into the 16 brownfields program. 17 The mayor's proposal is more of a 18 prospective program. It doesn't retroactively 19 transfer sites, which is what this bill does. 20 But it does have some provisions, and I 21 mentioned it in conference -- si? 22 SENATOR DIAZ: No. No. 23 SENATOR SCHNEIDERMAN: Excuse me. 24 Momentito. 25 It does allow for easing the

Candyco Transcription Service, Inc.

(518) 371-8910 1 requirements, to a certain extent, for 2 certification of brownfield cleanup. And some 3 environmentalists have raised that as a 4 problem. But it's a very different provision. 5 SENATOR DIAZ: Mr. President. 6 ACTING PRESIDENT GRIFFO: Senator 7 Diaz. 8 SENATOR DIAZ: Would Senator 9 Schneiderman please yield for another 10 question. 11 ACTING PRESIDENT GRIFFO: Senator 12 Schneiderman, do you continue to yield? 13 SENATOR SCHNEIDERMAN: Oh, I 14 continue to yield. 15 SENATOR DIAZ: Does Bloomberg's 16 plan give tax money to landowners as this bill 17 does, yes or no? 18 ACTING PRESIDENT GRIFFO: Senator 19 Schneiderman, the question is yes or no. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Mr. President, but I work alone. 22 (Laughter.) 23 ACTING PRESIDENT GRIFFO: Senator 24 Schneiderman, you're out of order. 25 (Catcalls from floor.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR SCHNEIDERMAN: How can I 2 be out of order? I can't be ruled out of 3 order in a debate with him. 4 ACTING PRESIDENT GRIFFO: Senator 5 Diaz -- 6 SENATOR DIAZ: Yes or no? 7 SENATOR SCHNEIDERMAN: The answer 8 is in a different way the mayor's program does 9 make it easier for developers to get 10 brownfield tax credits. Or, actually, it's a 11 very different provision. It enables them to 12 end their requirement to clean up the site at 13 all. 14 So it is a different way, but it 15 does confer a benefit on developers, yes. 16 It's a different benefit. 17 SENATOR DIAZ: Mr. President, 18 through you, can I get an answer yes or no? 19 ACTING PRESIDENT GRIFFO: Senator 20 Schneiderman, would you please give an answer 21 to Senator Diaz and can you do it with a yes 22 or no? 23 SENATOR SCHNEIDERMAN: Yes or no. 24 That's the best -- it's a different program. 25 Senator, it's not the same.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Diaz. 3 SENATOR DIAZ: Through you, 4 Mr. President, would the Senator yield for 5 another question. 6 SENATOR SCHNEIDERMAN: Yes, I 7 will yield for another question. 8 SENATOR DIAZ: Are you supporting 9 Mayor Bloomberg's plan? 10 SENATOR SCHNEIDERMAN: I support 11 the concept of congestion pricing. I have 12 raised some of the problems I have with the 13 plan, including this one, in conference. 14 When you were in conference when 15 the mayor's people were there? I'm sorry. 16 Senator Diaz, if you had been in conference 17 when the mayor's people were there last time, 18 I specifically raised this issue of brownfield 19 sites with them in the conference. 20 Senator Savino is nodding her head, 21 and you know her to be a good and honorable 22 person. 23 SENATOR DIAZ: Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Diaz.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR DIAZ: Will the Senator 2 still yield for another question. 3 ACTING PRESIDENT GRIFFO: Senator 4 Schneiderman, do you continue to yield? 5 SENATOR SCHNEIDERMAN: Well, I'm 6 getting a lot of huffing here. So una mas. 7 Una mas. 8 SENATOR DIAZ: Okay, I -- 9 Senator, I just want you to be honest with 10 yourself and with everybody else. You cannot 11 come and attack a bill because it's a 12 Republican bill that gives credits to -- and 13 then support Mayor Bloomberg, who does the 14 same thing. 15 Either you are for it or you are 16 against it. Or you were for the bill before 17 you were against it. What is it? Thank you 18 very much. 19 (Laughter.) 20 ACTING PRESIDENT GRIFFO: Senator 21 Schneiderman. 22 SENATOR SCHNEIDERMAN: Thank you. 23 Just to wrap up. Yes, I would like to answer 24 that, and believe me, I will later. 25 No, I appreciate what the Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 is saying. He's calling attention to the fact 2 that there are brownfield provisions, as 3 Senator Connor did somewhat more briefly, in 4 the brownfields program proposed by the mayor. 5 The mayor's program is a very complicated 6 proposal. And most of us who support the 7 concept of congestion pricing have one problem 8 or another with part of the bill. 9 That, I would like to suggest -- if 10 we put that aside, let's look at every bill on 11 the merits, whether it's Republican or 12 Democrat. And when Mayor Bloomberg proposed 13 that plan, he was a Republican too. So it was 14 a bipartisan act to encourage him, but it's 15 also an act encouraged by all of the 16 environmental justice groups I've worked with 17 in the City of New York for many years. 18 This bill is a completely separate 19 issue. It is an unnecessary bill. It is a 20 bill that transfers Class 2 Superfund sites in 21 the brownfields program, confers billions of 22 dollars, potentially, of tax credits paid for 23 by the taxpayers on developers. 24 We should not be supporting this 25 bill. We should allow the Assembly hearings

Candyco Transcription Service, Inc.

(518) 371-8910 1 to go forward. I would suggest that we should 2 conduct our own hearings on the issue, if 3 necessary. And we should be working with the 4 new DEC commissioner, who right now has his 5 sights set on targeting the responsible 6 parties in these Class 2 Superfund sites. 7 And what are we doing? Are we 8 helping him? Are we helping to get the 9 polluters to pay? Are we helping to get the 10 property owners to clean up? No. We're 11 proposing to transfer those sites into a 12 program so that these people can get tax 13 credits paid for by our constituents. 14 I urge everyone to vote no, 15 including my friend de boricua. 16 ACTING PRESIDENT GRIFFO: Senator 17 Johnson. 18 SENATOR CRAIG JOHNSON: Thank 19 you, Mr. President. Mr. President, will the 20 sponsor of the bill yield for a couple of 21 short questions, please. 22 ACTING PRESIDENT GRIFFO: Senator 23 Marcellino, will you yield for a couple of 24 questions? 25 SENATOR MARCELLINO: Yes, I will.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Johnson. 3 SENATOR CRAIG JOHNSON: Thank 4 you. Through you, Mr. President. Senator 5 Marcellino, I just want to clarify a couple of 6 things. 7 Did this bill go before the 8 Environmental Conservation Committee, the 9 committee that you chair and that I am the 10 ranking member on? 11 SENATOR MARCELLINO: No, it did 12 not. It was introduced into the Rules 13 Committee. 14 SENATOR CRAIG JOHNSON: Mr. 15 President, through you, will the sponsor 16 continue to yield? 17 ACTING PRESIDENT GRIFFO: Senator 18 Marcellino, will you continue to yield? 19 SENATOR MARCELLINO: Yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Johnson. 22 SENATOR CRAIG JOHNSON: And I 23 believe that -- and correct me if I'm wrong, 24 was this bill introduced on June 18th of this 25 year?

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR MARCELLINO: Yes, this 2 bill was. 3 However, I must state for the 4 record that that bill was part of the Upstate 5 Now package that was passed in this house. 6 And Senator Schneiderman voted for it, and so 7 did you, Senator Johnson. As did everybody 8 else. Because the bill passed unanimously, I 9 think. 10 SENATOR CRAIG JOHNSON: Through 11 you, Mr. President, will the sponsor continue 12 to yield? 13 ACTING PRESIDENT GRIFFO: Senator 14 Marcellino, will you yield? 15 SENATOR MARCELLINO: Yes. 16 SENATOR CRAIG JOHNSON: Thank 17 you, Senator Marcellino. 18 Is there an Assembly same-as bill? 19 SENATOR MARCELLINO: I think I 20 said that at the early part of it. There is 21 none. 22 SENATOR CRAIG JOHNSON: Okay. 23 Through you, Mr. President, will the sponsor 24 continue to yield? 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Marcellino, do you continue to yield? 2 SENATOR MARCELLINO: Yes. 3 SENATOR CRAIG JOHNSON: I 4 apologize, I was detained. I didn't hear 5 that. 6 SENATOR MARCELLINO: No problem. 7 SENATOR CRAIG JOHNSON: Can you 8 tell me which groups or -- advocacy groups or 9 other interested parties either support this 10 legislation or oppose this legislation? 11 SENATOR MARCELLINO: We have 12 NYPIRG's memo in opposition. 13 Senator Schneiderman mentioned EA. 14 They rescinded their memo of opposition. If 15 you check it out now, you'll find that 16 Environmental Advocates no longer opposes the 17 bill. They've rescinded that memo in 18 opposition, Senator. 19 In NYPIRG's opposition memo, they 20 actually say "We commend the Senate for 21 identifying the weaknesses in the BCP program 22 and proposing measures to address them." They 23 talk about the tax credits, as did Senator 24 Schneiderman. But what you have here is a 25 situation where some groups are making the

Candyco Transcription Service, Inc.

(518) 371-8910 1 perfect the enemy of the good. 2 We can address other issues in 3 hearings, you're right. And I said that also 4 in my opening remarks, that we will be holding 5 hearings on this program. Senator 6 Schneiderman talks about Class 2 sites. They 7 can't get in the program any longer, Senator. 8 That door closed in 2005. 9 You're right, a site could get in. 10 But in my mind the issue here is cleaning up. 11 If I lived in a community with a lot of 12 brownfield sites, I'd want this bill, because 13 I'd want to encourage as much cleanup as I 14 possibly could. 15 The attorney general then, who is 16 now governor, was responsible or should have 17 been bringing suits against polluting sites. 18 I am all for going after polluters. I am all 19 for supporting Commissioner Grannis in any 20 targeting of polluters that he can find. And 21 the current attorney general as well as the 22 prior one should be aggressively taking these 23 people or organizations or companies or 24 whatever to court to bring them in and make 25 them pay for the cleanup.

Candyco Transcription Service, Inc.

(518) 371-8910 1 However, pending that long 2 litigation process -- and, Senator, as you 3 well know -- you're an attorney, you know the 4 process; so does Senator Schneiderman -- it's 5 very difficult to find some of these groups. 6 They're gone. They're hidden by rows and rows 7 and rows of phony corporations that have long 8 since gone away. 9 If I lived in those communities, 10 I'd want the cleanup. I think that was part 11 of what Mayor Bloomberg was talking about. He 12 wants the cleanup in the City of New York. He 13 wants the dollars invested in the City of 14 New York. He wants the jobs created by the 15 cleanups to occur in the City of New York, as 16 I do in every community from Buffalo to 17 Montauk. I want the cleanup to occur in all 18 of those communities. I want the tax revenues 19 to occur when these sites are cleaned up and 20 put back on the tax rolls. 21 We are not spending enough money on 22 cleanup. As I said in discussion of the EPF 23 expansion bill, which passed this house just a 24 few moments ago, we are not spending enough on 25 cleanup. It's not that there's too much

Candyco Transcription Service, Inc.

(518) 371-8910 1 money. It's not being spent in the right 2 places. 3 We need to get those communities 4 clean. We need those brownfield sites clean. 5 And we need to encourage and entice 6 organizations to come in -- you don't have 7 people walking in and saying, Ah, we can a 8 make a fortune by cleaning up a site. 9 They're going to have to buy a 10 polluted site and engage in cleanup, which is 11 a rigorous process, and undergo scrutiny while 12 they do it. And they're going to have to 13 expend an awful lot of money to do that. And 14 as a result, the community benefits. The 15 state benefits, the city benefits, the 16 neighborhood benefits, everybody benefits from 17 the cleanup. 18 So I don't understand Senator 19 Schneiderman's objections to putting money 20 into cleaning up sites and neighborhoods and 21 communities. Even NYPIRG agrees with that. 22 We need to clean up these communities. And I 23 think that's the most important aspect of this 24 bill. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Johnson. 2 SENATOR CRAIG JOHNSON: Will the 3 sponsor continue to yield. 4 ACTING PRESIDENT GRIFFO: Senator 5 Marcellino, do you continue to yield? 6 SENATOR MARCELLINO: Sure. 7 Absolutely. 8 ACTING PRESIDENT GRIFFO: Senator 9 Johnson. 10 SENATOR CRAIG JOHNSON: Thank 11 you, Senator Marcellino. And thank you for 12 that answer. 13 When did Environmental Advocates 14 indicate that they rescinded their opposition 15 to this bill? 16 SENATOR MARCELLINO: Earlier 17 today. 18 SENATOR CRAIG JOHNSON: Will the 19 Senator continue to yield? 20 SENATOR MARCELLINO: About an 21 hour ago, I'm told. 22 ACTING PRESIDENT GRIFFO: Senator 23 Marcellino, will you continue to yield? 24 SENATOR MARCELLINO: Yes, I do. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Johnson. 2 SENATOR CRAIG JOHNSON: Thank 3 you. I find that funny, just because I have 4 documentation dated an hour ago from 5 Environmental Advocates that says they 6 continue to oppose it. But that's neither 7 here nor there -- 8 SENATOR MARCELLINO: Is the 9 Senator suggesting that I'm making a 10 misstatement? 11 SENATOR CRAIG JOHNSON: No. I am 12 not suggesting -- I'm saying there may be 13 confusion. I think that other than your 14 representation that they oppose it, and I have 15 a statement with a fax timeline that says that 16 an hour ago, from them, they continue to 17 oppose it, there seems to be some sort of 18 miscommunication. 19 But that being said, Senator, if 20 they supposedly rescinded it, do they now 21 support your bill? 22 SENATOR MARCELLINO: I don't 23 know. I didn't speak to them. 24 SENATOR CRAIG JOHNSON: Will the 25 Senator continue to yield.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Marcellino, do you continue to yield? 3 SENATOR MARCELLINO: Yes. 4 SENATOR CRAIG JOHNSON: Who spoke 5 to Environmental Advocates that provided you 6 with this information that they rescinded 7 their opposition to this bill? 8 SENATOR MARCELLINO: Staff 9 members spoke to them. 10 They simply don't oppose the bill. 11 SENATOR CRAIG JOHNSON: Will the 12 Senator continue to yield. 13 SENATOR MARCELLINO: I continue 14 to yield. 15 SENATOR CRAIG JOHNSON: So they 16 do not support this piece of legislation. 17 SENATOR MARCELLINO: I think I've 18 said that several times. They don't oppose 19 the bill. 20 SENATOR CRAIG JOHNSON: Okay, so 21 they don't support this bill. 22 SENATOR MARCELLINO: I didn't say 23 that. I said they don't oppose the bill. 24 SENATOR CRAIG JOHNSON: Okay. 25 Will the Senator continue to yield.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR MARCELLINO: Yes, I 2 continue to yield. 3 SENATOR CRAIG JOHNSON: You 4 referenced the Upstate Now legislation. Is 5 this bill identical to the Upstate Now bill 6 language dealing with brownfields? 7 SENATOR MARCELLINO: The only 8 difference is there's a piece that is in here 9 that deals with designated municipalities. 10 Other than that, it's the same. 11 SENATOR CRAIG JOHNSON: Will the 12 Senator continue to yield. 13 ACTING PRESIDENT GRIFFO: Senator 14 Marcellino, do you continue to yield? 15 SENATOR MARCELLINO: Yes. 16 SENATOR CRAIG JOHNSON: 17 Notwithstanding the Environmental Advocates 18 question, are there any groups that support 19 this piece of legislation? 20 SENATOR MARCELLINO: No. Not 21 that I know of, let's put it that way. 22 SENATOR CRAIG JOHNSON: Okay. 23 Mr. President, on the bill. 24 ACTING PRESIDENT GRIFFO: Senator 25 Johnson, on the bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR CRAIG JOHNSON: I think 2 that Senator Schneiderman spoke eloquently and 3 at length about the concerns. I share the 4 concerns raised by Senator Schneiderman with 5 respect to the tax credits. 6 I do not disagree with you, Senator 7 Marcellino, with respect to the need to clean 8 up these properties. I agree with you. 9 The problem I have is that with 10 such an important piece of legislation, to 11 have it introduced through Rules three days 12 ago, to have a simple difference of opinion as 13 to whether or not when one of the leading 14 environmental groups supports it, opposes it 15 or -- let me take that back, opposes it or 16 does not oppose it -- raises a lot of issues, 17 issues that are so important. 18 I believe we have a better 19 brownfields bill out there. That's the bill 20 sponsored by my good friend and colleague 21 Senator Thompson from Buffalo. That's the 22 bill we should be supporting. That's the bill 23 that will truly address the issues raised by 24 Senator Marcellino. That's the bill that will 25 address the problems here. And I would

Candyco Transcription Service, Inc.

(518) 371-8910 1 certainly look forward to seeing that bill. 2 So with that said, I thank you, 3 Senator Marcellino, but I will be voting in 4 the negative on this piece of legislation. 5 Thank you. 6 ACTING PRESIDENT GRIFFO: Any 7 Senator wishing to be heard? 8 Debate is closed. The Secretary 9 will ring the bell. 10 SENATOR MARCELLINO: At the 11 appropriate time, to explain my vote. 12 ACTING PRESIDENT GRIFFO: Thank 13 you, Senator. 14 Read the last section. 15 THE SECRETARY: Section 9. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT GRIFFO: Senator 21 Marcellino, to explain his vote. 22 SENATOR MARCELLINO: As I said 23 earlier, Mr. President, the bill is important. 24 It starts a process. If it were to become a 25 law tomorrow, it would do nothing but increase

Candyco Transcription Service, Inc.

(518) 371-8910 1 environmental cleanup in communities that are 2 in desperate shape and desperately need the 3 cleanup. 4 There is no good reason to vote 5 against this bill. There is every good reason 6 to vote for this bill. I vote aye. 7 ACTING PRESIDENT GRIFFO: Senator 8 Marcellino to be recorded in the affirmative. 9 Senator Thompson, to explain his 10 vote. 11 SENATOR THOMPSON: First let me 12 just say that I understand the spirit of what 13 Senator Marcellino is attempting to do. I 14 believe that more work needs to be done, and I 15 think he did clearly state that. 16 And I believe today by voting for 17 this bill it would, for me, coming from the 18 Buffalo-Niagara region, which has so many 19 brownfields, that it would send the wrong 20 message. And so I'm going to oppose this 21 bill. 22 I think that we have a number of 23 proposals that are in the same ballpark, but 24 this doesn't complete the job. So I would ask 25 that my colleagues consider voting against

Candyco Transcription Service, Inc.

(518) 371-8910 1 this bill so that the Democrats do not send 2 the message that all is right with this bill. 3 We have a lot of work to do. I 4 believe that we have the Green Apple 5 Initiative that talks about creating more 6 shovel-ready sites, sites that we can access 7 for some developers at a reduced amount of 8 money and putting more shovel-ready sites in 9 so many communities. I think this is a good 10 start, but we have a long way to go. 11 And I'm going to vote no, 12 Mr. President. 13 ACTING PRESIDENT GRIFFO: Senator 14 Thompson to be recorded in the negative. 15 Senator Sabini, to explain his 16 vote. 17 SENATOR SABINI: Thank you, 18 Mr. President. To explain my vote. 19 The sponsor used an analogy that I 20 have often agreed with, which is that the 21 perfect shouldn't be the enemy of the good. 22 But I believe, in voting no, the reasons for 23 voting no on this bill is another analogy, 24 which is we have a problem with the 25 brownfields program. It's hemorrhaging money.

Candyco Transcription Service, Inc.

(518) 371-8910 1 We just made more deposits into the program on 2 earlier legislation, but the program is 3 hemorrhaging money. 4 And for us to give tax credits to 5 people who knowingly buy these sites, the 6 analogy to that is if you have a flat tire, to 7 flatten the other three tires on the car to 8 make the car on a level plain. 9 ACTING PRESIDENT GRIFFO: Excuse 10 me, Senator Sabini. 11 Can we have some order, please. 12 Senator Sabini. 13 SENATOR SABINI: I believe this 14 just exacerbates the problem and will 15 eventually lead to us coming back to recorrect 16 the brownfields program. So I'll be voting 17 no. 18 Thank you. 19 ACTING PRESIDENT GRIFFO: Senator 20 Sabini to be recorded in the negative. 21 Senator Krueger, to explain her 22 vote. 23 SENATOR LIZ KRUEGER: Thank you. 24 I just want to just state on the 25 record, I want a fix to the brownfields

Candyco Transcription Service, Inc.

(518) 371-8910 1 legislation. But my colleagues on this side 2 of the aisle I think have explained very 3 eloquently why this isn't the right fix. 4 Now, if we were staying longer -- 5 our conference has said we shouldn't go home 6 today or tomorrow, we should stay here till we 7 get things done -- I would love to see the 8 right brownfields legislation come to this 9 floor, be debated and be passed. 10 But again, this isn't the right 11 one. There are too many what's wrong with 12 pieces of this bill. While there are good 13 pieces of this bill, I will vote no. 14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Senator 16 Krueger to be recorded in the negative. 17 Senator Johnson, to explain his 18 vote. 19 SENATOR CRAIG JOHNSON: Thank 20 you, Mr. President. 21 Again, I am voting no on this piece 22 of legislation. I commend Senator Marcellino 23 for a good start, but there is more to do. 24 And given this importance of cleaning up the 25 brownfields, addressing the issues with

Candyco Transcription Service, Inc.

(518) 371-8910 1 respect to tax credits, I believe there are 2 better ways to do it. There are ways to do it 3 that Senator Thompson's piece of legislation 4 will do. 5 We all want to see the brownfields 6 cleaned up. It is of imperative nature to do 7 so. But this bill has too many flaws that 8 don't get addressed. 9 So I commend Senator Marcellino 10 again for the start, but we need to keep 11 moving forward. There are better bills out 12 there. We should be supporting Senator 13 Thompson's piece of legislation. I will be 14 voting no. 15 Thank you very much. 16 ACTING PRESIDENT GRIFFO: Senator 17 Johnson to be recorded in the negative. 18 Announce the results. 19 I'm sorry. Senator 20 Hassell-Thompson. My apologies. 21 SENATOR HASSELL-THOMPSON: That's 22 okay. Thank you, Mr. President. 23 It's very important, I think, for 24 many of us to just explain why we're voting 25 against this bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 As someone who has served on a 2 local city council and has petitioned the 3 state to create brownfield legislation, it 4 wouldn't look good for me to just vote no 5 without explaining that while it is critical 6 that we have the wherewithal to clean up these 7 areas, I do not believe in creating loopholes 8 that allow people who, whether accidentally or 9 intentionally, create toxic situations within 10 our communities and then allow them to just 11 walk away or -- and you may not believe that 12 this is a walkaway, but any time you cite 13 loopholes that says that the taxpayer has to 14 pay for it, then that's a loophole. 15 And so that we're sending the wrong 16 message when we say it's all right, mess it 17 up, we'll clean it up and we'll pay for it. 18 Because too many of our businesses walk away 19 and leave us with this problem. 20 And so I will be voting no on this 21 bill, Senator Marcellino. And if we come back 22 and redo the bill, I will give consideration 23 to what you have to say. 24 ACTING PRESIDENT GRIFFO: Senator 25 Hassell-Thompson to be recorded in the

Candyco Transcription Service, Inc.

(518) 371-8910 1 negative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 2065 are 5 Senators Breslin, Connor, Dilan, Duane, 6 Gonzalez, Hassell-Thompson, Huntley, 7 C. Johnson, L. Krueger, Montgomery, Onorato, 8 Oppenheimer, Parker, Perkins, Sabini, Sampson, 9 Savino, Schneiderman, Serrano, Smith, 10 Stachowski, Stewart-Cousins and Thompson. 11 Absent from voting: Senator C. 12 Kruger. 13 Ayes, 37. Nays, 23. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 Senator DeFrancisco. 17 SENATOR DeFRANCISCO: Would you 18 please go to the active list, the original 19 active list today, and call up Calendar Number 20 989 on the noncontroversial calendar. 21 ACTING PRESIDENT GRIFFO: The 22 Secretary will read. 23 THE SECRETARY: In relation to 24 Calendar Number 989, Senator Skelos moves to 25 discharge, from the Committee on Rules,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Bill Number 2434A and substitute it 2 for the identical Senate Bill Number 5196A, 3 Third Reading Calendar 989. 4 ACTING PRESIDENT GRIFFO: The 5 substitution is ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 989, by Member of the Assembly Morelle, 9 Assembly Print Number 2434A, an act to amend 10 the General Business Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: Can we now 24 go to Calendar 65A and call up Calendar Number 25 2066.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: We arse 2 now returning to the controversial calendar. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 2066, by the Senate Committee on Rules, Senate 6 Print -- 7 SENATOR LIZ KRUEGER: 8 Explanation, please. 9 ACTING PRESIDENT GRIFFO: 10 Explanation, Senator Little. 11 SENATOR LITTLE: Thank you, 12 Mr. President. 13 Our industrial development 14 organizations have the authority to fund 15 not-for-profit civic facilities and some 16 long-term-care facilities and nursing homes. 17 That authorization expires on June 30th of 18 this month. And this is a bill to extend that 19 authorization for two years, until July 1st of 20 2009. 21 This is important in my district, 22 as it is, I'm sure, in all of yours. Since 23 1990, more than 700 not-for-profits have been 24 assisted by IDAs, with project investments 25 succeeding $8 billion. And millions of

Candyco Transcription Service, Inc.

(518) 371-8910 1 New Yorkers have been served by these 2 projects. 3 In my district alone, I know that I 4 have had a hospital expanding, scrambling to 5 get their financing, their IDA financing by 6 end of this month. I have Paul Smith's 7 College doing a dormitory, scrambling to get 8 that extension done by the end of this month. 9 So it's important that we extend 10 this for those projects that have not 11 completed their financing, and that we extend 12 it for two years so that our civic facilities 13 and not-for-profits will be able to plan. 14 You don't do one of these projects 15 in three or four months or in six months. It 16 takes a while to do the planning, the 17 drawings, the permitting, the financing, and 18 to get the IDA financing. Therefore, a 19 two-year extension is very important. 20 For the past several years we've 21 done one-year extensions. And I will tell you 22 that there is not a same-as bill in the 23 Assembly. The Assembly has a bill that 24 extends this authorization for IDAs seven 25 months. It would be up again in January of

Candyco Transcription Service, Inc.

(518) 371-8910 1 2008. 2 I have many letters in opposition 3 to that, saying that that is not enough time 4 for these IDAs, right now who don't have their 5 financing, who are beginning a project, they 6 could not possibly get a project done. Nor 7 would they risk planning it in the hopes that 8 we would extend it again in January. So I 9 would ask you to support a two-year extender. 10 This is not a reform bill. And I 11 had hoped to be standing before you with a 12 reform bill, in concert with making this 13 authorization permanent as well. But I do 14 have a reform bill that I have been working on 15 with the Assembly, looking at the things that 16 they wanted to reform as well as things that 17 we thought were important. 18 That bill will be on the Rules 19 calendar this evening, and it will on the 20 calendar, although it will be high tomorrow. 21 That bill does a lot of things that people 22 have been asking for IDAs to do, and 23 accountability and transparency as well as 24 helping to have hearings, make people know 25 what's going on with our IDAs and to make the

Candyco Transcription Service, Inc.

(518) 371-8910 1 information very visible to the public. 2 But the bill before you tonight, as 3 I said, is a two-year extender, which is very 4 important to the civic facilities, the 5 not-for-profits in our community, for those 6 continuing-care retirement projects, which are 7 actually not in the seven-month extender. 8 So I hope you will support this 9 bill. 10 ACTING PRESIDENT GRIFFO: Thank 11 you, Senator Little. 12 Senator Krueger. 13 SENATOR LIZ KRUEGER: Thank you. 14 Would the sponsor please yield, 15 Mr. President. 16 ACTING PRESIDENT GRIFFO: Senator 17 Little, would you yield? 18 SENATOR LITTLE: Yes, I will 19 yield. 20 ACTING PRESIDENT GRIFFO: Senator 21 Krueger. 22 SENATOR LIZ KRUEGER: Thank you. 23 So as you just said, this is not a 24 same-as bill. The Assembly is only going to 25 do an extender for seven months.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I've been in the Senate for a 2 little over five years, and it seems like we 3 all always talk about IDA reform but we don't 4 get there. How long does it take to try to 5 move reform of a system that I don't think is 6 working and I've heard you say before, 7 Senator, that you don't think is working the 8 way it should either? 9 ACTING PRESIDENT GRIFFO: Senator 10 Little. 11 SENATOR LITTLE: Thank you. 12 Through you, Mr. President. 13 I too believe that there is some 14 reform needed for IDAs. I also believe that 15 the public authority reform bill that we did 16 two years ago affects IDAs and that many of 17 them have had to conform to the accountability 18 and transparency in that bill. 19 And in working with my counterpart 20 in the Assembly, we went through the IDA 21 legislation and all the ideas for reform. The 22 bill that will be on the calendar tonight does 23 something about it. It says that an IDA that 24 does not have any bonding over $100,000 will 25 cease to exist after five years.

Candyco Transcription Service, Inc.

(518) 371-8910 1 It also calls on the Department of 2 Economic Development to look at merging and 3 getting IDAs to work together so that we have 4 fewer of them to deal, which I think is 5 important and is also something the Governor 6 has been looking at. 7 It also, to the membership on an 8 IDA, adds an environmental person to be one of 9 the members on an IDA board, along with local 10 governments, school boards, organized labor 11 and someone from the business community. It 12 adds conflict of interest provisions for board 13 members. It adds a provision for local jobs 14 for local people, saying consideration of an 15 employment workforce within 75 miles of the 16 project is very important, notifying local 17 businesses of the opportunity to bid for IDAs. 18 It adds records and reporting 19 provisions. It requires a website where 20 hearing minutes will be on the website, where 21 projects are on the website, talking about the 22 evaluation and activities of the IDAs. 23 It also calls for a study of 24 clawback provisions and how we can go about 25 that. In the area of pirating it says that

Candyco Transcription Service, Inc.

(518) 371-8910 1 the economic development should go to an 2 independent arbitrator to work with the two -- 3 you know, where the job is and the county, the 4 IDA that may be trying to attract one. So 5 that we avoid one IDA pirating a company from 6 another IDA for no other reason than to give 7 them other benefits. 8 And it continues to do a lot of 9 things -- uniform criteria for evaluating a 10 project, establishes a financial agreement 11 with between the IDA and the project owners. 12 Makes a lot of this information, as I said, 13 available on a website. 14 The website would have the names of 15 all the board members, a notice of any public 16 hearing. It would be a requirement to have a 17 board member at every public hearing, a record 18 of all public hearings and meetings held after 19 the date the website was established, proposed 20 and adopted resolutions, voting and attendance 21 records and minutes. It would also provide 22 the agency's project funding criteria, the 23 agency's pilot policy, the agency's five most 24 recent financial statements, and any financial 25 assistance agreements.

Candyco Transcription Service, Inc.

(518) 371-8910 1 So I think the website would be 2 pretty thorough. And anyone interested in 3 what a local IDA was doing or finding 4 information about a project, what had been 5 awarded, would be able to get that information 6 on that website. 7 SENATOR LIZ KRUEGER: Thank you. 8 Mr. President, on the bill. 9 ACTING PRESIDENT GRIFFO: Senator 10 Krueger, on the bill. 11 SENATOR LIZ KRUEGER: I want to 12 thank the sponsor for her detailed explanation 13 of both the bill before us, a straight 14 extender for two years, and the bill I believe 15 she wishes was before us, a reform bill. And 16 I believe she had a reform bill the last time 17 this came up to be sunsetted. 18 And I have to say, I'm as 19 frustrated as perhaps she is that it's a year 20 later now, we've been doing one-year 21 extenders, and we didn't get anywhere with the 22 reform. And we're now in perhaps the last few 23 minutes of the last day of official session, 24 and we're being asked to do a two-year 25 extender rather than a reform bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And so I have to say I think the 2 sponsor makes a better argument than I do for 3 why we should only support the seven-month 4 extender of the Assembly, because we tend to 5 only get things done in this Legislature when 6 we're on tight deadlines and something will 7 happen if the deadline isn't there in front of 8 us. 9 And I would hate the idea of 10 waiting another two years before we fix 11 problems with IDAs. 12 And I'm not a hundred percent in 13 agreement that her bill goes as far as I would 14 like us to go, because we know from research 15 done by the Comptroller's office that IDAs 16 have gotten out of hand in this state -- not 17 all of them, but too many of them. IDAs were 18 originally intended to provide specific 19 functions at the local level, at the county 20 level, to provide the opportunity for specific 21 strategic industries to be able to be 22 attracted and to grow and create new jobs. 23 And they have morphed over the years into 24 things that I don't even think we recognize as 25 IDAs.

Candyco Transcription Service, Inc.

(518) 371-8910 1 So she talked about some of the 2 reforms we need. And just again to agree with 3 her, we need it streamline and standardize the 4 accountability and the reporting requirements. 5 We need to make sure that they're prohibited 6 from providing bonds to nonstrategic 7 activities. We need to understand and very 8 carefully put into legislation antipirating 9 provisions, which I know the sponsor agrees 10 with me on. She just mentioned that. We need 11 to actually have penalties for IDAs that are 12 in the pirating business. 13 We need to ensure that there are 14 there is careful evaluation and monitoring to 15 require IDAs to file annual statements, to 16 have public hearings, to make sure the local 17 municipalities are actually approving these 18 deals before they go forward, that we have 19 public hearings so the public can come and 20 testify about why they think something is good 21 or not. 22 Because remember, what does an IDA 23 do? One of the things it does, it has the 24 power to take away taxes from the locality. 25 It can make projects tax-exempt or decrease

Candyco Transcription Service, Inc.

(518) 371-8910 1 the rate of taxes. And then the locality ends 2 up going what happened to some of my revenue 3 stream that I need for my schools and my 4 public services? 5 And in fact just on the floor of 6 this Senate this year, we've dealt with 7 several bills where localities have needed to 8 come to us to get help or to get changes in 9 their school aid formulas or to deal with some 10 kind of relief because they didn't realize how 11 much revenue they'd be losing through IDA 12 tax-exemption deals. 13 Sometimes we've even seen competing 14 IDAs working on different deals for the same 15 company because we don't have the right kind 16 of evaluation and oversight. And yes, we did 17 a public authority reform law that included 18 IDAs to be evaluated by the Comptroller's 19 office. But that even gives us more reason to 20 want to hurry to put into effect the types of 21 reforms for IDAs to make sure that we are 22 being strategic with our tax revenue, with our 23 credits, with our laws, that we are in fact 24 investing in strategic, targeted economic 25 development projects that create jobs.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The sponsor again spoke about 2 studying clawbacks. There have to be clawback 3 provisions in our IDA law. You can't get the 4 deal, not pay your taxes, and then not deliver 5 on job creation for these communities. That's 6 the wrong kind of deal. We've been going down 7 the road for years now knowing what's wrong 8 with IDAs but continuing to do extenders. 9 I think a one-year extender would 10 be the wrong answer. I think a two-year 11 extender is doubly the wrong answer. This is 12 a one-house bill. Maybe we could bring a 13 seven-month out quickly through a Rules 14 calendar and actually make sure we don't lose 15 the IDA program completely. I completely 16 understand the sponsor's argument about you 17 wouldn't want it to sunset. 18 But two years more for us to never 19 get what we need done for IDA reform is not 20 acceptable to me. I hope people will vote no, 21 although I'm not sure it matters because it's 22 a one-house bill this late in session. 23 Thank you, Mr. President. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Krueger.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Is there any other Senator that 2 wishes to speak? 3 Senator Little. 4 SENATOR LITTLE: Just if I could 5 for a moment, please. 6 The seven-month extender is really 7 not adequate and it doesn't -- it really makes 8 the whole IDA funding of civic facilities 9 useless. Because no one can start into this 10 program right now and get it. And if it has 11 to lapse, perhaps that's one way of getting 12 everyone to the table to make civic facilities 13 permanent and to do the IDA reform. 14 We did try to do the reform and to 15 have agreement before we got to this point. 16 And even though the deadlines were here for 17 the end of session, we were not able to do 18 that. 19 So I would ask everyone to vote for 20 the two-year extender. And then I am 21 committed to continuing to work on this 22 reform. 23 Thank you. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Little.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Is there any other Senator that 2 wishes to be heard? 3 Debate is closed. The Secretary 4 will ring the bells. 5 Read the last section. 6 THE SECRETARY: Section 5. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 2066 are 15 Senators Adams, Connor, Dilan, Duane, 16 Gonzalez, Hassell-Thompson, Huntley, 17 C. Johnson, L. Krueger, Onorato, Oppenheimer, 18 Perkins, Sabini, Schneiderman, Serrano, 19 Stachowski, Stewart-Cousins and Thompson. 20 Also Senator Stavisky. 21 Absent from voting: Senator C. 22 Kruger. 23 Ayes, 41. Nays, 19. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The chair recognizes Senator D. 2 SENATOR DeFRANCISCO: Pardon me? 3 ACTING PRESIDENT GRIFFO: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: I have a 6 comment to make, Mr. P. Off of Senate 7 Calendar 65A, would you please call up 8 Calendar Number 2070. 9 ACTING PRESIDENT GRIFFO: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 2070, by Senator Saland, Senate Print 6357, an 13 act to amend the Criminal Procedure Law and 14 the Public Health Law. 15 ACTING PRESIDENT GRIFFO: Senator 16 Duane. 17 SENATOR DUANE: Thank you, 18 Mr. President. On the bill. 19 ACTING PRESIDENT GRIFFO: Senator 20 Duane, on the bill. 21 SENATOR DUANE: This is an 22 amended version of the HIV testing of a 23 criminal defendant in a sexual assault case. 24 And it is true that it incorporates 25 my amendment that free prophylactic treatment

Candyco Transcription Service, Inc.

(518) 371-8910 1 will be provided to save or to ensure the 2 health of sexual assault victims. And that's 3 the sort of good news, that my amendment has 4 become part of this legislation. 5 But tragically, this bill also 6 keeps in all the bad parts of the legislation, 7 testing the defendant for HIV. And I'm not 8 going to go through it again, but I think I 9 clearly made the argument that it is dangerous 10 for a victim to depend on someone else's HIV 11 status. 12 And so for that reason and the 13 reasons I outlined last week, I would urge all 14 of my colleagues to still vote no on this 15 legislation. 16 Thank you, Mr. President. 17 ACTING PRESIDENT GRIFFO: Thank 18 you, Senator Duane. 19 Any other Senator wishing to be 20 heard? 21 Debate is closed. The Secretary 22 will ring the bell. 23 Read the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the first of

Candyco Transcription Service, Inc.

(518) 371-8910 1 November. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 2070 are 9 Senators Connor, Duane, Hassell-Thompson, 10 Huntley, L. Krueger, Montgomery, Parker, 11 Perkins, Sabini, Schneiderman and Serrano. 12 Absent from voting: Senator C. 13 Kruger. 14 Ayes, 49. Nays, 11. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 Senator DeFrancisco, that concludes 18 the reading of the controversial calendar. 19 SENATOR DeFRANCISCO: There will 20 be an immediate meeting of the Rules Committee 21 in Room 332. 22 ACTING PRESIDENT GRIFFO: There 23 will be an immediate meeting of the Rules 24 Committee in Room 332. 25 The Senate stands at ease.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Whereupon, the Senate stood at 2 ease at 7:24 p.m.) 3 (Whereupon, the Senate reconvened 4 at 7:37 p.m.) 5 ACTING PRESIDENT ROBACH: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: Can we 8 return to reports of standing committees and 9 have the Rules Committee report read, please. 10 ACTING PRESIDENT ROBACH: Reports 11 of standing committees. 12 The Secretary will read. 13 THE SECRETARY: Senator Bruno, 14 from the Committee on Rules, reports the 15 following bills: 16 Assembly Print Number 8400A, by 17 Member of the Assembly Schimel, an act 18 authorizing the Village of Great Neck; 19 Assembly Print Number 9238, by 20 Member of the Assembly Hoyt, an act to amend 21 Chapter 444 of the Laws of 1997; 22 Senate Print 962A, by Senator 23 Skelos, an act to amend the Public Officers 24 Law and the Civil Practice Law and Rules; 25 1239, by Senator Saland, an act to

Candyco Transcription Service, Inc.

(518) 371-8910 1 amend the Education Law; 2 1511C, by Senator Hannon, an act to 3 amend the Public Health Law; 4 2932A, by Senator Seward, an act to 5 amend the Public Health Law; 6 3089, by Senator Morahan, an act to 7 amend the Retirement and Social Security Law; 8 3091, by Senator Saland, an act to 9 amend the Education Law; 10 3554, by Senator Flanagan, an act 11 to amend the Vehicle and Traffic Law; 12 3760A, by Senator Trunzo, an act to 13 amend the Social Services Law; 14 3829, by Senator Skelos, an act to 15 amend the Public Health Law; 16 3988A, by Senator Hannon, an act to 17 amend the Public Health Law; 18 4021A, by Senator Hannon, an act to 19 amend the Public Health Law; 20 4023, by Senator DeFrancisco, an 21 act to amend the Tax Law; 22 4413A, by Senator Alesi, an act in 23 relation to the initial date of enrollment; 24 4558, by Senator O. Johnson, an act 25 to amend the Tax Law;

Candyco Transcription Service, Inc.

(518) 371-8910 1 4793A, by Senator Hannon, an act to 2 amend the Public Health Law; 3 5208, by Senator Padavan, an act to 4 amend the Education Law; 5 5565A, by Senator Golden, an act to 6 amend the Criminal Procedure Law; 7 5845, by Senator Larkin, an act to 8 amend the Village Law; 9 5864, by Senator Padavan, an act to 10 amend the Tax Law; 11 5866, by Senator Padavan, an act to 12 amend the General City Law; 13 5878B, by Senator Maltese, an act 14 to amend the Insurance Law; 15 5943, by Senator Morahan, an act to 16 amend the Public Health Law; 17 6017, by Senator Bruno, an act to 18 amend the New York State Urban Development 19 Corporation Act; 20 6060A, by the Senate Committee on 21 Rules, an act to amend the Tax Law; 22 6067, by Senator Breslin, an act to 23 amend the Real Property Tax Law; 24 6141A, by Senator Golden, an act to 25 amend the Real Property Tax Law;

Candyco Transcription Service, Inc.

(518) 371-8910 1 6163, by Senator Hannon, an act to 2 amend the Public Health Law; 3 6191, by the Senate Committee on 4 Rules, an act to amend the Retirement and 5 Social Security Law; 6 6271, by Senator Leibell, an act to 7 amend the Environmental Conservation Law; 8 6308, by the Senate Committee on 9 Rules, an act establishing; 10 6315, by Senator Volker, an act to 11 amend the Public Authorities Law; 12 6316, by Senator Maltese, an act to 13 amend the Insurance Law; 14 6319, by Senator Seward, an act to 15 amend the Executive Law; 16 6327, by Senator Skelos, an act to 17 amend the Tax Law; 18 6335, by Senator Farley, an act to 19 amend the Tax Law; 20 6336, by the Senate Committee on 21 Rules, an act to amend the Tax Law; 22 6339, by the Senate Committee on 23 Rules, an act to amend the Tax Law; 24 6344, by Senator Hannon, an act to 25 amend the Social Services Law;

Candyco Transcription Service, Inc.

(518) 371-8910 1 6349, by Senator Golden, an act to 2 amend the Real Property Tax Law; 3 6360, by the Senate Committee on 4 Rules, an act to amend the Insurance Law; 5 6381, by the Senate Committee on 6 Rules, an act to amend the Education Law; 7 6383, by Senator Bruno, an act 8 authorizing; 9 6384, by Senator Golden, an act to 10 amend the Real Property Tax Law; 11 6386, by Senator Padavan, an act to 12 amend the General City Law; 13 And Senate Print 6391, by Senator 14 Little, an act to amend the General Municipal 15 Law. 16 All bills ordered direct to third 17 reading. 18 ACTING PRESIDENT GRIFFO: Senator 19 DeFrancisco. 20 SENATOR DeFRANCISCO: Move to 21 accept the Rules Committee report. 22 ACTING PRESIDENT GRIFFO: All in 23 favor of accepting the report of the Rules 24 Committee signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: 2 Opposed. 3 (No response.) 4 ACTING PRESIDENT GRIFFO: The 5 report is accepted. 6 Senator DeFrancisco. 7 SENATOR DeFRANCISCO: Could you 8 please go to the supplemental calendar and do 9 the noncontroversial reading, starting with 10 Calendar 248, please. 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will read the supplemental active 13 calendar. 14 THE SECRETARY: Calendar Number 15 248, by Senator LaValle, Senate Print 2426B, 16 an act to amend the Education Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect on the 120th day. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT GRIFFO: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 253, Senator Maziarz moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 2514A and substitute it 6 for the identical Senate Bill Number 1606, 7 Third Reading Calendar 253. 8 ACTING PRESIDENT GRIFFO: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 253, by Member of the Assembly John, Assembly 13 Print Number 2514A, an act to amend the Labor 14 Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc.

(518) 371-8910 1 Calendar Number 571 -- 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT GRIFFO: Senator 5 Duane, we need to make the substitution first. 6 The Secretary will read. 7 THE SECRETARY: In relation to 8 Calendar Number 571, Senator Saland moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 3249A and substitute it 11 for the identical Senate Bill Number 1465B, 12 Third Reading Calendar 571. 13 ACTING PRESIDENT GRIFFO: The 14 substitution is ordered. 15 The bill is laid aside. 16 THE SECRETARY: In relation to 17 Calendar Number 617, Senator Alesi moves to 18 discharge, from the Committee on Finance, 19 Assembly Bill Number 1013 and substitute it 20 for the identical Senate Bill Number 269, 21 Senate Print 617. 22 ACTING PRESIDENT GRIFFO: The 23 substitution is ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 617, by Member of the Assembly Englebright, 2 Assembly Print Number 1013, an act to amend 3 the State Finance Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 720, Senator Hannon moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 884 and substitute it for 18 the identical Senate Bill Number 643, Third 19 Reading Calendar 720. 20 ACTING PRESIDENT GRIFFO: The 21 substitution is ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 720, by Member of the Assembly Englebright, 25 Assembly Print Number 884, an act to amend the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Public Health Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 751, Senator Fuschillo moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 61A and substitute it for 16 the identical Senate Bill Number 4723A, Third 17 Reading Calendar 751. 18 ACTING PRESIDENT GRIFFO: The 19 substitution is ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 751, by Member of the Assembly Lafayette, 23 Assembly Print Number 61A, an act to amend the 24 General Business Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 813, by Senator Lanza, Senate Print 3443, an 12 act to amend the New York City Health and 13 Hospital Corporation Act. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1110, Senator Robach moves to

Candyco Transcription Service, Inc.

(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 6757 and substitute it 3 for the identical Senate Bill Number 4820, 4 Third Reading Calendar 1110. 5 ACTING PRESIDENT GRIFFO: The 6 substitution is ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1110, by Member of the Assembly Abbate, 10 Assembly Print Number 6757, an act to amend 11 the Civil Service Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 1234, Senator Volker moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 8647A and substitute it

Candyco Transcription Service, Inc.

(518) 371-8910 1 for the identical Senate Bill Number 3166D, 2 Third Reading Calendar 1234. 3 ACTING PRESIDENT GRIFFO: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1234, by Member of the Assembly Weinstein, 8 Assembly Print Number 8647A, an act to amend 9 the Civil Practice Law and Rules. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1356, by Senator Skelos, Senate Print 4886B, 22 an act to amend the Executive Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1362, by Senator Trunzo, Senate Print 5817, an 10 act to amend the Education Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1419, by Senator Marcellino, Senate Print 23 634C, an act to amend the Vehicle and Traffic 24 Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 120th day. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1503, by Senator Marcellino, Senate Print 12 2935, an act to require the New York State and 13 Local Employees' Retirement System. 14 ACTING PRESIDENT GRIFFO: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc.

(518) 371-8910 1 Calendar Number 1732, Senator Skelos moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 9086A and substitute it 4 for the identical Senate Bill Number 6167A, 5 Third Reading Calendar 1732. 6 ACTING PRESIDENT GRIFFO: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1732, by Member of the Assembly Gianaris, 11 Assembly Print Number 9086A, an act to amend 12 the Executive Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT GRIFFO: 21 Senator Onorato, to explain his vote. 22 SENATOR ONORATO: To explain my 23 vote. Thank you, Mr. President. 24 I would like to thank the sponsor, 25 Senator Skelos, for this very, very worthwhile

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill. I have one of those fuel lines running 2 right through the heart of my community. I 3 live several blocks away from it. And I've 4 received many calls from my constituents 5 regarding the possibility of doing something 6 like this. 7 So I really commend Senator Skelos 8 for putting it forward, and I vote aye. 9 ACTING PRESIDENT GRIFFO: Senator 10 Onorato to be recorded in the affirmative. 11 Announce the results. 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1830, Senator Trunzo moves to 17 discharge, from the Committee on 18 Investigations and Government Operations, 19 Assembly Bill Number 6017 and substitute it 20 for the identical Senate Bill Number 6162, 21 Third Reading Calendar 1830. 22 ACTING PRESIDENT GRIFFO: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 1830, by Member of the Assembly Sweeney, 2 Assembly Print Number 6017, an act to amend 3 the Legislative Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1859, Senator Bruno moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 8867 and substitute it 18 for the identical Senate Bill Number 6032, 19 Third Reading Calendar 1859. 20 ACTING PRESIDENT GRIFFO: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1859, by the Assembly Committee on Rules, 25 Assembly Print Number 8867, an act making an

Candyco Transcription Service, Inc.

(518) 371-8910 1 appropriation to pay Linda Zebrowski. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1948, Senator Libous moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 8786 and substitute it 16 for the identical Senate Bill Number 6300, 17 Third Reading Calendar 1948. 18 ACTING PRESIDENT GRIFFO: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1948, by Member of the Assembly Millman, 23 Assembly Print Number 8786, an act to amend 24 Chapter 549 of the Laws of 1994 amending the 25 Public Authorities Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1984, Senator DeFrancisco 13 moves to discharge, from the Committee on 14 Rules, Assembly Bill Number 9206 and 15 substitute it for the identical Senate Bill 16 Number 6223A, Third Reading Calendar 1984. 17 ACTING PRESIDENT GRIFFO: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1984, by Member of the Assembly Barclay, 22 Assembly Print Number 9206, an act authorizing 23 the Town of Camillus. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 2005, Senator Montgomery moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 1088 and substitute it 13 for the identical Senate Bill Number 557, 14 Third Reading Calendar 2005. 15 ACTING PRESIDENT GRIFFO: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 2005, by Member of the Assembly Millman, 20 Assembly Print Number 1088, an act to amend 21 the General Municipal Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2009, by Senator Hannon, Senate Print 3987A, 9 an act to amend the Public Health Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. Nays, 18 1. Senator Hassell-Thompson recorded in the 19 negative. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 Senator DeFrancisco, that completes 23 the noncontroversial reading of the 24 supplemental active list. 25 SENATOR DeFRANCISCO: Would you

Candyco Transcription Service, Inc.

(518) 371-8910 1 please go to Senate Calendar Number 65A and 2 call up Calendar Number 2046 on the 3 noncontroversial calendar that was laid aside 4 earlier today, temporarily, by us. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 2046, substituted earlier today by Member of 9 the Assembly V. Lopez, Assembly Print Number 10 7905, an act to amend the Social Services Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 Senator DeFrancisco. 22 SENATOR DeFRANCISCO: If we could 23 go back to the supplemental active list. And 24 would you please call up Calendar Number 571 25 that was laid aside.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will ring the bell, and we will 3 begin the controversial reading of the 4 supplemental active calendar. 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: Mr. 7 President, could I move to recall the vote on 8 Calendar Number 1234 by which it previously 9 passed the house. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read Calendar Number 1234. 12 THE SECRETARY: Calendar Number 13 1234, substituted earlier by Member of the 14 Assembly Weinstein, Assembly Print 8647A, an 15 act to amend the Civil Practice Law and Rules. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll on reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 SENATOR DeFRANCISCO: Lay it 21 aside, please. 22 ACTING PRESIDENT GRIFFO: The 23 bill is laid aside. 24 We will return to the controversial 25 reading of Calendar Number 571 of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 supplemental active list. 2 THE SECRETARY: Calendar Number 3 571, substituted earlier today by Member of 4 the Assembly Nolan, Assembly Print Number 5 3249A, an act to amend the Real Property Tax 6 Law. 7 SENATOR STAVISKY: Explanation, 8 please. 9 ACTING PRESIDENT GRIFFO: Senator 10 Saland, an explanation has been requested. 11 SENATOR SALAND: Thank you, 12 Mr. President. 13 Mr. President, earlier this session 14 we passed an amended version of this bill 15 which increased the fund balance from 2 to 3 16 to 4 percent. 17 Subsequently we engaged in 18 negotiations with the Governor's office and 19 the Governor requested additional language in 20 this bill which is not inconsistent with some 21 of the comments made earlier today by Senator 22 LaValle in the context of his truth-in-voting 23 proposal. 24 What this language does is to 25 require that the school report cards have

Candyco Transcription Service, Inc.

(518) 371-8910 1 additional information, and that additional 2 information is information with respect to 3 unappropriated reserve fund balances, or the 4 so-called reserve fund, as well as other 5 appropriated reserve funds, which would 6 include things such as funds retained for tax 7 certioraris, repair reserve funds, and a host 8 of others that are provided for in law. 9 And clearly the bottom line that is 10 sought to be part of this report card is 11 exactly what is the percentage of the fund 12 balance that a school is retaining. 13 These are all in an effort to 14 provide greater transparency, in an effort to 15 ensure that information will be made available 16 to the taxpayers of a given school district as 17 to a more specific accounting of a school's 18 fund balance. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Saland. 21 Senator Stavisky. 22 SENATOR STAVISKY: If the sponsor 23 would yield for a number of questions. 24 ACTING PRESIDENT GRIFFO: Senator 25 Saland, do you yield for a number of

Candyco Transcription Service, Inc.

(518) 371-8910 1 questions? 2 SENATOR SALAND: Yes, 3 Mr. President. 4 ACTING PRESIDENT GRIFFO: Senator 5 Stavisky. 6 SENATOR STAVISKY: Mr. President, 7 through you. How does this bill, 1465B, 8 differ from the plain variety of 1465 and 9 1465A? 10 You indicated that the Governor had 11 requested some changes. Can you be a little 12 more specific? 13 SENATOR SALAND: I don't recall 14 the -- quite candidly -- I could get my file. 15 I don't recall the change from the initial 16 version to the A version. 17 But what this is primarily about is 18 the -- the B version is about the language 19 that you'll find on lines 31 through 39 on 20 page 2, and on page 3, lines 2 through 11. 21 SENATOR STAVISKY: Thank you, 22 Mr. President. Will the sponsor continue to 23 yield. 24 ACTING PRESIDENT GRIFFO: Senator 25 Saland, do you continue to yield?

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR SALAND: Yes, 2 Mr. President. 3 ACTING PRESIDENT GRIFFO: Senator 4 Stavisky. 5 SENATOR STAVISKY: We're talking 6 here about unexpended surplus monies. What 7 protections are there that they will not be 8 misused by anybody in the school district? 9 For example, the Roslyn School 10 District obviously -- 11 SENATOR SALAND: I'm sorry, I 12 didn't hear. For example, the -- 13 SENATOR STAVISKY: I'm saying the 14 legislation increases the amount of the 15 unexpended funds, and it appears on the school 16 report card. What protections are there for 17 the taxpayers in these school districts that 18 we will not have a misuse of the unexpended 19 funds, such as what happened in the Roslyn 20 School District? 21 SENATOR SALAND: Keep in mind 22 that what reserve funds are about are really 23 what rainy day funds are about. And we are 24 constantly, at our level of government, being 25 told to ensure that we have adequate rainy day

Candyco Transcription Service, Inc.

(518) 371-8910 1 funds for those valleys that we have to 2 contend with from time to time. 3 The same concept applies to the 4 surplus or reserve fund. 5 What may have occurred at Roslyn I 6 don't think necessarily -- and I'm more than 7 happy to yield to someone with greater 8 firsthand knowledge -- had to do so much with 9 the presence of a reserve fund as with 10 overreaching and abuse by administrative 11 officials who were committing fraud on the 12 system. 13 I don't know what lines they were 14 taking those funds out of. But certainly I 15 think, if I remember correctly, when last 16 counted it was somewhere in the area of about 17 $11 million that had been stolen from that 18 district's taxpayers and students. But I'm 19 not sure that could be laid at the doorstep of 20 the reserve fund. 21 Again, it's intended as the same 22 kind of rainy day fund that we generally are 23 praised for when we provide adequate amounts 24 of money to prepare for those valleys. 25 SENATOR STAVISKY: Thank you.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Because we want to obviously be sure that the 2 funds are there, not in somebody else's bank 3 account. 4 The surplus funds that are being 5 retained by the school district, if there's a 6 surplus over that 2 or 3 percent, how are the 7 extra funds beyond that returned to the 8 taxpayers? 9 SENATOR SALAND: Well, as was 10 pointed out earlier by Senator LaValle, 11 there's concern in some quarters that that is 12 not being adequately monitored. 13 I'd like to think that the vast 14 majority of school districts abide by the 15 current level, which is 2 percent. And 16 certainly Senator LaValle's proposal I thought 17 was an excellent way of dealing with it which 18 was basically to require publication in the 19 school district, in the school newsletter. 20 Because if you punish the school 21 district for exceeding the surplus, you run 22 into a problem where you're punishing the 23 taxpayers who help provide the surplus. 24 SENATOR STAVISKY: And they're 25 the ones that we're concerned about, that the

Candyco Transcription Service, Inc.

(518) 371-8910 1 people pay the correct amount of taxes. 2 Thank you, Mr. President. Thank 3 you, Senator Saland. 4 ACTING PRESIDENT GRIFFO: Thank 5 you, Senator Stavisky. 6 Is there any other Senator wishing 7 to be heard? 8 Debate is closed. The Secretary 9 will ring the bell. 10 Read the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect on July 1, 2007. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT GRIFFO: Senator 17 Oppenheimer, to explain her vote. 18 SENATOR OPPENHEIMER: Thank you. 19 This is something that I have been 20 seeking for at least a decade, and I am very, 21 very pleased that the Governor has made this 22 change so that we can approve this bill. 23 The movement of 2 percent to 24 3 percent of unrestricted fund balance and 25 then next year, from 2008 to 2009, to

Candyco Transcription Service, Inc.

(518) 371-8910 1 4 percent, is a very important move for some 2 of us that are in districts that are 3 experiencing unexpected but very large sums 4 that have to be expended and are not really 5 something that can be programmed in. 6 In many cases it's things like tax 7 certioraris that are going almost consistently 8 against us, and in very large sums of as much 9 as a million dollars owed in back taxes. For 10 a small school district, this can be 11 overwhelming. And that's why it is so 12 important to have an increase in our 13 unrestricted surplus funds. 14 So I'm very happy to see this. It 15 is something that is long overdue. And I 16 thank the Governor for changing his mind and 17 permitting this to go through with the 18 additional language. 19 ACTING PRESIDENT GRIFFO: How do 20 you vote, Senator Oppenheimer? 21 SENATOR OPPENHEIMER: Yes. 22 ACTING PRESIDENT GRIFFO: Senator 23 Oppenheimer to be recorded in the affirmative. 24 Any of those that are voting in the 25 negative please raise your hands.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 571 are 4 Senators Bonacic, Fuschillo, LaValle and 5 Sabini. 6 Absent from voting: Senator C. 7 Kruger. 8 Ayes, 57. Nays, 4. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 Senator DeFrancisco, that completes 12 the controversial reading of the supplemental 13 active list. 14 Senator DeFrancisco. 15 SENATOR DeFRANCISCO: May we 16 return to motion and resolutions and adopt the 17 Resolution Calendar. 18 ACTING PRESIDENT GRIFFO: Motions 19 and resolutions. 20 All in favor of adopting the 21 Resolution Calendar signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT GRIFFO: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Resolution Calendar is adopted. 3 Senator Robach, for a motion. 4 SENATOR ROBACH: Yes, 5 Mr. President. I move that the following bill 6 be discharged from its respective committee 7 and be recommitted with instructions to strike 8 the enacting clause: Senate Bill Number 4831, 9 by Senator Hannon. 10 ACTING PRESIDENT GRIFFO: So 11 ordered. 12 Order in the house, please. 13 Senator DeFrancisco. 14 SENATOR DeFRANCISCO: Mr. 15 President, would you please go to the main 16 calendar and call up Calendar Number 2017. 17 ACTING PRESIDENT GRIFFO: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 2017, by Senator Volker, Senate Print 5561A, 21 an act to authorize the County of Erie. 22 ACTING PRESIDENT GRIFFO: There 23 is a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 4. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: May we have 10 the noncontroversial reading of Senate 11 Calendar 65B. 12 ACTING PRESIDENT GRIFFO: The 13 Secretary will conduct the noncontroversial 14 reading of Senate Calendar 65B. 15 THE SECRETARY: Calendar Number 16 2074, by Senator Skelos, Senate Print 962A, an 17 act to amend the Public Officers Law and the 18 Civil Practice Law and Rules. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 8. This 22 act shall take effect on the 30th day. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 2075, by Senator Saland -- 6 SENATOR DUANE: Lay it aside, 7 please. 8 ACTING PRESIDENT GRIFFO: The 9 bill is laid aside. 10 THE SECRETARY: In relation to 11 Calendar Number 2076, Senator Hannon moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 7351B and substitute it 14 for the identical Senate Bill Number 1511C, 15 Third Reading Calendar 2076. 16 ACTING PRESIDENT GRIFFO: 17 Substitution ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2076, by Member of the Assembly Dinowitz, 21 Assembly Print Number 7351B, an act to amend 22 the Public Health Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 2077, Senator Seward moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 2832A and substitute it 12 for the identical Senate Bill Number 2932A, 13 Third Reading Calendar 2077. 14 ACTING PRESIDENT GRIFFO: The 15 substitution is ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 2077, by Member of the Assembly Lifton, 19 Assembly Print Number 2832A, an act to amend 20 the Public Health Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 2078, Senator Morahan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 7565 and substitute it 10 for the identical Senate Bill Number 3089, 11 Third Reading Calendar 2078. 12 ACTING PRESIDENT GRIFFO: The 13 substitution is ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2078, by Member of the Assembly Jaffee, 17 Assembly Print Number 7565, an act to amend 18 the Retirement and Social Security Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 2079, by Senator Saland, Senate Print 3091, an 6 act to amend the Education Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 2080, Senator Flanagan moves 19 to discharge, from the Committee on Rules, 20 Assembly Bill Number 2496 and substitute it 21 for the identical Senate Bill Number 3554, 22 Third Reading Calendar 2080. 23 ACTING PRESIDENT GRIFFO: 24 Substitution ordered. 25 The Secretary will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2080, by Member of the Assembly Sweeney, 3 Assembly Print Number 2496, an act to amend 4 the Vehicle and Traffic Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2081 -- 17 SENATOR DeFRANCISCO: Lay it 18 aside for the day, please. 19 ACTING PRESIDENT GRIFFO: The 20 bill is laid aside for the day. 21 THE SECRETARY: In relation to 22 Calendar Number 2082, Senator Skelos moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 8618 and substitute it 25 for the identical Senate Bill Number 3829,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Third Reading Calendar 2082. 2 ACTING PRESIDENT GRIFFO: The 3 substitution is ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 2082, by Member of the Assembly Weisenberg, 7 Assembly Print Number 8618, an act to amend 8 the Public Health Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 2083, Senator Hannon moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 8099A and substitute it 23 for the identical Senate Bill Number 3988A, 24 Third Reading Calendar 2083. 25 ACTING PRESIDENT GRIFFO:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 2083, by Member of the Assembly Gottfried, 5 Assembly Print Number 8099A, an act to amend 6 the Public Health Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 2084, by Senator Hannon, Senate Print 4021A, 19 an act to amend the Public Health Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 2085, Senator DeFrancisco 7 moves to discharge, from the Committee on 8 Rules, Assembly Bill Number 4606 and 9 substitute it for the identical Senate Bill 10 Number 4023, Third Reading Calendar 2085. 11 ACTING PRESIDENT GRIFFO: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 2085, by Member of the Assembly Espaillat, 16 Assembly Print Number 4606, an act to amend 17 the Tax Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 2087, Senator O. Johnson moves 5 to discharge, from -- 6 SENATOR DeFRANCISCO: Lay it 7 aside for the day, please. 8 ACTING PRESIDENT GRIFFO: The 9 bill is laid aside for the day. 10 Senator DeFrancisco. 11 SENATOR DeFRANCISCO: Before 12 laying it aside, would you please make the 13 substitution. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: In relation to 17 Calendar Number 2087, Senator O. Johnson moves 18 to discharge, from the Committee on Rules, 19 Assembly Bill Number 8015 and substitute it 20 for the identical Senate Bill Number 4558, 21 Third Reading Calendar 2087. 22 ACTING PRESIDENT GRIFFO: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 2087 -- 2 SENATOR DeFRANCISCO: Lay it 3 aside for the day, please. 4 ACTING PRESIDENT GRIFFO: The 5 bill is laid aside for the day. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: In relation to 9 Calendar Number 2088, Senator Hannon moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 8456A and substitute it 12 for the identical Senate Bill Number 4793A, 13 Third Reading Calendar 2088. 14 ACTING PRESIDENT GRIFFO: The 15 substitution is ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 2088, by Member of the Assembly Gottfried, 19 Assembly Print Number 8456A, an act to amend 20 the Public Health Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 120th day. 25 ACTING PRESIDENT GRIFFO: Call

Candyco Transcription Service, Inc.

(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 2089, Senator Padavan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 8447 and substitute it 10 for the identical Senate Bill Number 5208, 11 Third Reading Calendar 2089. 12 ACTING PRESIDENT GRIFFO: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2089, by Member of the Assembly Abbate, 17 Assembly Print Number 8447, an act to amend 18 the Education Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 2090, by Senator Golden, Senate Print 5565A, 6 an act to amend the Criminal Procedure Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: 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 GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 2091, by Senator Larkin, Senate Print 5845, an 20 act to amend the Village Law. 21 ACTING PRESIDENT GRIFFO: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 2092, Senator Padavan moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8176 and substitute it 11 for the identical Senate Bill Number 5864, 12 Third Reading Calendar 2092. 13 ACTING PRESIDENT GRIFFO: The 14 substitution is ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 2092, by Member of the Assembly Farrell, 18 Assembly Print Number 8176, an act to amend 19 the Tax Law. 20 ACTING PRESIDENT GRIFFO: There 21 is a local fiscal impact note at the desk. 22 Read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the first day of a 25 sales tax quarterly period.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 2093, Senator Padavan moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8132 and substitute it 11 for the identical Senate Bill Number 5866, 12 Third Reading Calendar 2093. 13 THE PRESIDENT: Substitution 14 ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 2093, by Member of the Assembly Silver, 18 Assembly Print Number 8132, an act to amend 19 the General City Law and the Administrative 20 Code of the City of New York. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 2094, by Senator Maltese, Senate Print 5878B, 7 an act to amend the Insurance Law. 8 SENATOR DeFRANCISCO: Lay it 9 aside for the day, please. 10 THE PRESIDENT: The bill is laid 11 aside for the day. 12 THE SECRETARY: In relation to 13 Calendar Number 2095, Senator Morahan moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 3842 and substitute it 16 for the identical Senate Bill Number 5943, 17 Third Reading Calendar 2095. 18 THE PRESIDENT: Substitution 19 ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 2095, by Member of the Assembly Dinowitz, 23 Assembly Print Number 3842, an act to amend 24 the Public Health Law. 25 THE PRESIDENT: Read the last

Candyco Transcription Service, Inc.

(518) 371-8910 1 section. 2 THE SECRETARY: Section 4. This 3 act shall take effect April 1, 2008. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 THE PRESIDENT: The bill is 8 passed. 9 Couldn't have done it without my 10 new counsel. 11 THE SECRETARY: In relation to 12 Calendar Number 2096, Senator Bruno moves to 13 discharge, from the Committee on Corporations, 14 Authorities and Commissions, Assembly Bill 15 Number 8359 and substitute it for the 16 identical Senate Bill Number 6017, Third 17 Reading Calendar 2096. 18 THE PRESIDENT: Substitution 19 ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 2096, by Member of the Assembly Silver, 23 Assembly Print Number 8359, an act to amend 24 the New York State Urban Development 25 Corporation Act.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: In relation to 11 Calendar Number 2097, Senator Bruno moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 9107A and substitute it 14 for the identical Senate Bill Number 6060A, 15 Third Reading Calendar 2097. 16 THE PRESIDENT: Substitution 17 ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2097, by the Assembly Committee on Rules, 21 assembly Print Number 9107A, an act to amend 22 the Tax Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: In relation to 8 Calendar Number 2098, Senator Breslin moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8900A and substitute it 11 for the identical Senate Bill Number 6067A, 12 Third Reading Calendar 2098. 13 THE PRESIDENT: Substitution 14 ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 2098, by Member of the Assembly Reilly, 18 Assembly Print Number 8900A, an act to amend 19 the Real Property Tax Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: In relation to 5 Calendar Number 2099, Senator Golden moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 4408A and substitute it 8 for the identical Senate Bill Number 6141A, 9 Third Reading Calendar 2099. 10 THE PRESIDENT: The substitution 11 is ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 2099 -- 15 SENATOR LIZ KRUEGER: Lay it 16 aside, please. 17 THE PRESIDENT: The bill is laid 18 aside. 19 THE SECRETARY: In relation to 20 Calendar Number 2100, Senator Hannon moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 8759 and substitute it 23 for the identical Senate Bill Number 6163, 24 Third Reading Calendar 2100. 25 THE PRESIDENT: The substitution

Candyco Transcription Service, Inc.

(518) 371-8910 1 is ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 2100, by Member of the Assembly McEneny, 5 Assembly Print Number 8759, an act to amend 6 the Public Health Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect July 1, 2007. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: In relation to 17 Calendar Number 2101, Senator Bruno moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 6586 and substitute it 20 for the identical Senate Bill Number 6191, 21 Third Reading Calendar 2101. 22 ACTING PRESIDENT GRIFFO: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 2101, by Member of the Assembly Abbate, 2 Assembly Print Number 6586, an act to amend 3 the Retirement and Social Security Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 2102, Senator Leibell moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 7849B and substitute it 18 for the identical Senate Bill Number 6271, 19 Third Reading Calendar 2102. 20 ACTING PRESIDENT GRIFFO: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 2102, by Member of the Assembly Bradley, 25 Assembly Print Number 7849B, an act to amend

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Environmental Conservation Law. 2 ACTING PRESIDENT GRIFFO: There 3 is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 8. This 6 act shall take effect January 1, 2008. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. Nays, 11 2. Senators Larkin and Rath recorded in the 12 negative. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 (Applause from the gallery.) 16 THE SECRETARY: Calendar Number 17 2103, by the Senate Committee on Rules, Senate 18 Print 6308, an act establishing the -- 19 SENATOR DUANE: Lay it aside, 20 please. 21 ACTING PRESIDENT GRIFFO: The 22 bill is laid aside at the request of Senator 23 Duane. 24 THE SECRETARY: In relation to 25 Calendar Number 2104, Senator Volker moves to

Candyco Transcription Service, Inc.

(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 9048B and substitute it 3 for the identical Senate Bill Number 6315, 4 Third Reading Calendar 2104. 5 ACTING PRESIDENT GRIFFO: the 6 substitution is so ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2104, by Member of the Assembly Peoples, 10 Assembly Print Number 9048B, an act to amend 11 the Public Authorities Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Senator 17 Thompson, to explain his vote. 18 SENATOR THOMPSON: Yes, 19 Mr. President. 20 I think this is an important piece 21 of legislation. I want to commend Senator 22 Volker for standing strong with many of us as 23 relates to this bill in relation to the City 24 of Buffalo, which has done a great job of 25 turning itself around.

Candyco Transcription Service, Inc.

(518) 371-8910 1 There was an initial bill that 2 would have put blue-collar workers, 3 white-collar workers, teachers, firefighters, 4 lunch ladies and lunch aides, bus aides, 5 everyone would have been pitted against one 6 another as relates to Buffalo's fiscal 7 recovery. 8 I think this is a great step when 9 we stand together, stand united. And I'm just 10 glad that all the members of the Senate stood 11 together to make sure that we support working 12 men and women and not let other interests 13 divide workers. 14 And so I'm so glad Senator Volker, 15 Senator Stachowski and all the other members 16 of the Western New York delegation also stood 17 firm on this bill. This is a very good bill. 18 This is how we make good bills great. And I 19 think many of the workers in Buffalo will be 20 very happy about this bill. 21 Thank you. I support this bill. 22 ACTING PRESIDENT GRIFFO: Senator 23 Thompson to be recorded in the affirmative. 24 Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 2105, by Senator Maltese, Senate Print 6316, 6 an act to amend the Insurance Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. Nays, 15 1. Senator Seward recorded in the negative. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 2106 -- 20 SENATOR DeFRANCISCO: Please lay 21 it aside temporarily. 22 ACTING PRESIDENT GRIFFO: The 23 bill is laid aside temporarily. 24 THE SECRETARY: Calendar Number 25 2107, by Senator Skelos, Senate Print 6327, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act to amend the Tax Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of a 6 sales tax quarterly period. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2108, by Senator Farley, Senate Print 6335, an 15 act to amend the Tax Law. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2109, by the Senate Committee on Rules, Senate 3 Print 6336, an act to amend the Tax Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2110, by the Senate Committee on Rules, Senate 17 Print 6339, an act to amend the Tax Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. Nays, 25 1. Senator Duane recorded in the negative.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 2111, by Senator Hannon, Senate Print 6344, an 5 act to amend the Social Services Law and the 6 State Finance Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on July 1, 2007. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE PRESIDENT: Announce the 14 results. 15 THE SECRETARY: Ayes, 62. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: In relation to 19 Calendar Number 2113, Senator Bruno moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 9036 and substitute it 22 for the identical Senate Bill Number 6360, 23 Third Reading Calendar 2113. 24 THE PRESIDENT: Substitution 25 ordered.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 2113, by Member of the Assembly Morelle, 4 Assembly Print Number 9036, an act to amend 5 the Insurance Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 2119, by Member of the Assembly Schimel, 17 Assembly Print Number 8400A, an act 18 authorizing the Village of Great Neck Estates. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 2120, by Member of the Assembly Hoyt, Assembly 5 Print Number 9238, an act to amend Chapter 444 6 of the Laws of 1997 amending -- 7 SENATOR BRUNO: Lay it aside for 8 the day, please. 9 THE PRESIDENT: The bill is laid 10 aside for the day. 11 That completes the noncontroversial 12 Calendar 65B, Senator Bruno. 13 SENATOR BRUNO: Mr. President, 14 can we take up Calendar Number 2106. 15 THE PRESIDENT: Calendar Number 16 2106. The Secretary will read. 17 THE SECRETARY: In relation to 18 Calendar Number 2106, Senator Seward moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 9249 and substitute it 21 for the identical Senate Bill Number 6319, 22 Third Reading Calendar 2106. 23 THE PRESIDENT: Substitution 24 ordered. 25 The Secretary will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2106, by Member of the Assembly Magee, 3 Assembly Print Number 9249, an act to amend 4 the Executive Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the same date as a 9 chapter of the Laws of 2007. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE PRESIDENT: Senator Krueger, 13 to explain her vote. 14 SENATOR LIZ KRUEGER: Thank you, 15 Mr. President. 16 This is a bill that we debated 17 earlier in the year. It would basically 18 exempt most buildings on farms from the 19 building code and the fire prevention laws. 20 I worry about buildings' safety 21 wherever they are in the state of New York. 22 If a factory is built on a farm, it's no 23 different if a factory is built on a highway. 24 We should have uniform rules. This is a new 25 set of laws that went into effect just this

Candyco Transcription Service, Inc.

(518) 371-8910 1 January. I think we should give them a try. 2 I continue to think this is a 3 safety issue. I vote no. Thank you, 4 Mr. President. 5 THE PRESIDENT: Senator Krueger 6 will be recorded in the negative. 7 Announce the results. 8 THE SECRETARY: Ayes, 59. Nays, 9 3. Senators Duane, Hassell-Thompson and 10 L. Krueger recorded in the negative. 11 THE PRESIDENT: The bill is 12 passed. 13 Senator Bruno. 14 SENATOR BRUNO: Mr. President, 15 can we lay aside for the day 1914 and 1997. 16 THE PRESIDENT: Those bills, 1914 17 and 1997, are laid aside for the day. 18 SENATOR BRUNO: And, 19 Mr. President, on the main calendar can we 20 take up 740. 21 THE PRESIDENT: Calendar Number 22 740. The Secretary will read. 23 THE SECRETARY: In relation to 24 Calendar Number 740, Senator Flanagan moves to 25 discharge, from the Committee on Rules,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Bill Number 4111A and substitute it 2 for the identical Senate Bill Number 830B, 3 Third Reading Calendar 740. 4 THE PRESIDENT: The substitution 5 is ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 740, by Member of the Assembly Brodsky, 9 Assembly Print Number 4111A, an act to amend 10 the General Business Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 60th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 THE PRESIDENT: The bill is 19 passed. 20 SENATOR BRUNO: Mr. President, on 21 the main calendar, 1696. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 1696, by Senator Alesi, Senate Print 4744B, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act in relation to redistributing 2006 bond 2 volume allocations. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 17. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 THE PRESIDENT: The bill is 11 passed. 12 Senator Bruno. 13 SENATOR BRUNO: Mr. President, on 14 the controversial calendar can we take up 65B. 15 THE PRESIDENT: The Secretary 16 will conduct the controversial reading of 17 Calendar 65B. 18 THE SECRETARY: Calendar Number 19 2075, by Senator Saland, Senate Print 1239, an 20 act to amend the Education Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect September 1, 2008. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 2099, substituted earlier today by Member of 7 the Assembly V. Lopez, Assembly Print Number 8 4408A, an act to amend the Real Property Tax 9 Law. 10 SENATOR LIZ KRUEGER: 11 Explanation. 12 SENATOR DUANE: Explanation, 13 please. 14 THE PRESIDENT: Senator Golden, 15 an explanation is requested. 16 SENATOR GOLDEN: Thank you, 17 Mr. President. 18 The 421-a bill that we're expanding 19 would expand the geographical exclusion areas. 20 It would reserve the 421-a tax benefits for 21 buildings with a minimum of four units. 22 And it maintains the establishment 23 of a $400 million fund for affordable housing 24 citywide. The dedicated fund would be used to 25 create affordable housing outside the GEA,

Candyco Transcription Service, Inc.

(518) 371-8910 1 focusing on 15 highest poverty-stricken 2 districts in the city. 3 And it eliminates the negotiable 4 certificate program at the end of 2007. 5 It was passed in the Assembly this 6 evening unanimously, and it requires the units 7 remain affordable up to 40 years instead of 30 8 years. 9 THE PRESIDENT: Senator Krueger. 10 SENATOR LIZ KRUEGER: Thank you, 11 Mr. President. If the sponsor would please 12 yield. 13 THE PRESIDENT: Senator Golden, 14 will you yield for a question from Senator 15 Krueger? 16 SENATOR GOLDEN: I do, 17 Mr. President. 18 THE PRESIDENT: The Senator 19 yields, Senator Krueger. 20 SENATOR LIZ KRUEGER: Mr. 21 President, through you, if the sponsor would 22 answer, how does this bill treat the Atlantic 23 Yards development differently than any other 24 arrangement under this bill for the City of 25 New York?

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR GOLDEN: It would allow 2 the project to get the credits as long as it 3 maintains 70 percent of affordability. 4 SENATOR LIZ KRUEGER: Mr. 5 President, if through you the sponsor would 6 continue to yield. 7 THE PRESIDENT: Senator Golden, 8 do you continue to yield? 9 SENATOR GOLDEN: I do. 10 THE PRESIDENT: The Senator 11 yields, Senator Krueger. 12 SENATOR LIZ KRUEGER: Thank you. 13 So it's 60 percent -- or it's 14 80 percent of AMI in other parts of the city, 15 or 60 percent? 16 SENATOR GOLDEN: Sixty percent. 17 SENATOR LIZ KRUEGER: Sixty 18 percent, thank you. And 70 percent there. 19 But is there not also something different 20 about the amount of rent they can charge? 21 My understanding is in 421-a in 22 most cases the maximum you would pay of your 23 income was 30 percent. How would that be 24 different here? 25 SENATOR GOLDEN: This would be 20

Candyco Transcription Service, Inc.

(518) 371-8910 1 percent. 2 SENATOR LIZ KRUEGER: You would 3 only have to pay 20 percent of your income for 4 rent? 5 I'm sorry, Mr. President, if 6 through you the sponsor would yield. 7 THE PRESIDENT: Yes. 8 SENATOR GOLDEN: Yes, 9 Mr. President, 20 percent. 10 THE PRESIDENT: Senator Krueger. 11 SENATOR LIZ KRUEGER: Thank you, 12 Mr. President. If the sponsor would continue 13 to yield. 14 THE PRESIDENT: Senator Golden, 15 do you continue to yield? 16 SENATOR GOLDEN: Yes, 17 Mr. President. 18 SENATOR LIZ KRUEGER: Thank you. 19 This bill increases the 20 requirements for HPD to monitor affordability 21 requirements but takes away specific tools 22 they had in an original version of this bill, 23 such as regulatory agreements, deed 24 restrictions, resale restrictions, occupancy 25 requirements, other such instruments or

Candyco Transcription Service, Inc.

(518) 371-8910 1 requirements deemed necessary to establish 2 both the realities of these units and legal 3 remedies to enforce such mechanisms. 4 How would HPD actually implement 5 the rules of this law without those tools? 6 SENATOR GOLDEN: Those tools are 7 all still there. 8 SENATOR LIZ KRUEGER: Mr. 9 President, if the sponsor would continue to 10 yield. 11 THE PRESIDENT: Senator Golden, 12 do you continue to yield? 13 SENATOR GOLDEN: I do. 14 SENATOR LIZ KRUEGER: Thank you. 15 This bill expands the exclusionary 16 zones; it adds quite a few of them. And many 17 people are very happy about that. Actually, 18 the Senate Democrats proposed a bill that made 19 the entire City of New York an exclusionary 20 zone. 21 But is it your understanding 22 that -- I'm sorry, Mr. President. I'm going 23 to rephrase my question. May I start again? 24 THE PRESIDENT: Please. 25 SENATOR LIZ KRUEGER: Would the

Candyco Transcription Service, Inc.

(518) 371-8910 1 sponsor mind if I started again? 2 THE PRESIDENT: Does the sponsor 3 yield? 4 SENATOR GOLDEN: I do. 5 SENATOR LIZ KRUEGER: Thank you. 6 I think I need to do these in order. 7 Under the city law that was passed, 8 the Local Law 58, the City of New York 9 intended to commit an investment of 10 $400 million to a trust fund to then be made 11 available to build affordable housing in 15 12 geographic districts of the City of New York. 13 SENATOR GOLDEN: High-poverty 14 districts, yes. 15 SENATOR LIZ KRUEGER: Under this 16 law where we've expanded the exclusionary 17 zones, is it your understanding, one, that the 18 City of New York intends to continue or is 19 obligated to put the $400 million into this 20 trust fund (a), and then (b) can they use this 21 money in the exclusionary zones for building 22 housing? 23 SENATOR GOLDEN: Answer B is no. 24 And Answer A is that the 15 designated areas 25 haven't been designated, so we don't know if

Candyco Transcription Service, Inc.

(518) 371-8910 1 they're in the exclusionary zone. 2 Last question? 3 SENATOR LIZ KRUEGER: Mr. 4 President, now I have to think about my last 5 question. 6 THE PRESIDENT: Do you have a 7 last question, Senator? 8 SENATOR LIZ KRUEGER: Well, I had 9 more, so I have to think carefully about the 10 one I want. Since I've been offered one more. 11 Is there an estimate in this bill 12 for how much the new tax deductions would cost 13 the City of New York? Under the old law that 14 is sunsetting, the estimate was that the City 15 of New York was losing approximately 16 $400 million in tax revenue per year, but they 17 were choosing to do so under the law. 18 Under the new law, how much would 19 be the tax revenue lost to the City of 20 New York because of the 421-a credits expected 21 to be distributed under your law? 22 SENATOR GOLDEN: Over the long 23 period of time, a lot less than if we had not 24 made these changes. 25 SENATOR LIZ KRUEGER: Mr.

Candyco Transcription Service, Inc.

(518) 371-8910 1 President, could I indulge to ask the sponsor 2 another question. 3 THE PRESIDENT: Senator Golden, 4 do you continue to yield? 5 SENATOR GOLDEN: Mr. President, 6 this is absolutely the last question. 7 SENATOR LIZ KRUEGER: Thank you. 8 THE PRESIDENT: The sponsor 9 absolutely yields one more time. 10 SENATOR GOLDEN: Thank you, 11 Mr. President. 12 SENATOR LIZ KRUEGER: I 13 appreciate the sponsor's patience. 14 I understand the affordability 15 rules in the bill for rental apartments, where 16 affordability requirements would remain in 17 effect for 40 years from the completion of 18 construction of the building, and they must 19 remain subject to rent stabilization the 20 entire 40-year period. And I'm glad. 21 But how do we deal with 22 affordability for co-ops and condos that might 23 be built under this new 421-a law, either the 24 definitions of affordability and/or the length 25 of time that those co-op and condo units would

Candyco Transcription Service, Inc.

(518) 371-8910 1 have to stay both within that 40-year 2 timeline, if they did, and the relationship to 3 rent regulation? 4 SENATOR GOLDEN: The industry is 5 going to have to come up with creative ways of 6 doing it or they're not going to get the 7 credits. 8 Thank you, Mr. President. 9 SENATOR LIZ KRUEGER: Thank you. 10 On the bill. 11 THE PRESIDENT: Senator Krueger, 12 on the bill. 13 SENATOR LIZ KRUEGER: Thank you. 14 Well, I appreciate the sponsor's 15 answers. I'm not sure I agree with him on 16 several of the answers. And I just want to 17 give us some context, because there were 18 several bills out in the last several weeks on 19 421-a, and it confused pretty much everyone. 20 It was a moving target, what would the state 21 do with extension of 421-a. 22 And the sponsor in the Assembly had 23 multiple bills that seemed to be either 24 complementary or totally contradictory to each 25 other. There were three separate Senate

Candyco Transcription Service, Inc.

(518) 371-8910 1 Republican-sponsored bills that were very, 2 very different in what they did and how they 3 went forward. 4 There is a chapter amendment -- no, 5 excuse me, two chapter amendments that have 6 already been filed for this law that 7 dramatically change what this law would be. 8 But those bills are high. So unless we stay 9 until tomorrow -- perhaps Senator Bruno is 10 going to announce that -- or the Assembly 11 passes those chapter amendments, but I'm 12 pretty much they're high there also, those 13 chapter amendments would dramatically change 14 what this bill does, the outcome, the cost to 15 the city, the impacts and what could or 16 couldn't be built. 17 So my frustration here is both with 18 what we see in this bill but also what we 19 don't see in this bill, because you'd need to 20 hold it up to chapter amendments that we're 21 being asked to consider at the exact same time 22 as we're passing this law. And yet we can't 23 do those chapter amendments now. 24 There are good parts of this bill. 25 We knew we needed to change 421-a. We knew

Candyco Transcription Service, Inc.

(518) 371-8910 1 that we needed to stop giving tax exemptions 2 to developers who were building luxury 3 high-rises. 4 And we knew we needed to make sure 5 that if the City of New York or we were giving 6 the City of New York the authority or even in 7 some cases ordering the City of New York to 8 create a tax exemption -- from their money, 9 not ours; this is New York City property 10 taxes -- that if they were going to go forward 11 and we were going to go forward with them, we 12 should try to make sure that every dollar of 13 tax exemption was going for building actual 14 affordable units in communities in New York 15 City that desperately needed the assistance of 16 tax credits and exemptions to get those 17 buildings done, and to stop the pattern of 18 allowing, as has been the case up until now, 19 the vast majority of 421-a tax credits going 20 to luxury developments with very few units 21 being built for low-income, middle-income 22 working people. 23 And so there are good parts of this 24 bill. And it expands the exclusionary zone. 25 And again -- well, it's called the geographic

Candyco Transcription Service, Inc.

(518) 371-8910 1 exclusionary areas, to be technical. And many 2 of my colleagues are very pleased to see those 3 exclusionary areas included in this bill. 4 But one of the questions I asked 5 the sponsor was would you be able to receive 6 the city's trust fund for housing money if 7 somebody built in the geographic exclusionary 8 areas. And when I asked the City of New York 9 that question, they said no. 10 So people need to understand, when 11 they're looking at their specific area of 12 New York City, if you're in the geographic 13 exclusion area, you're not going to be able to 14 draw down on any of the $400 million of 15 housing trust fund money, assuming that's 16 still going to be there, for building in your 17 district or your geographic area. So it's 18 important to understand that's one of the 19 things that happens in this bill. 20 It's also important to understand 21 that -- Mr. President -- 22 (Laughter; catcalls.) 23 SENATOR HASSELL-THOMPSON: He is 24 out of order. He is totally out of order. 25 There's nothing funny about it.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR LIZ KRUEGER: Mr. 2 President. Last night, Senator -- Governor -- 3 last night one of my colleagues also waved a 4 white flag at me, and I thought that meant 5 that I had gotten through and he was going to 6 vote with me, but he didn't. 7 So I suspect this learned gentleman 8 from farther north in New York State who's 9 waving his white flag now also isn't prepared 10 to vote with me. 11 And I don't have a time limit, sir, 12 because there's two hours on a bill. 13 Mr. President, I'll continue. 14 Perhaps I might have to start again. You've 15 made me lose track of my -- 16 (Laughter.) 17 THE PRESIDENT: Senator Krueger 18 continues. 19 SENATOR LIZ KRUEGER: Excuse me. 20 To continue. Thank you, Mr. President. 21 So it's important to understand 22 that this bill tied into the chapter 23 amendments, if they are to be passed, also 24 very much changed the deals of what could or 25 could not happen in areas.

Candyco Transcription Service, Inc.

(518) 371-8910 1 For example, one of the very 2 important parts of 421-a -- and I know that 3 Assemblymember Lopez, who's joined us here 4 tonight and is the sponsor in the Assembly, 5 has been a hard fighter for this -- is the 6 importance of making sure that affordable 7 units are built on-site, in the same buildings 8 with the quote, unquote, market-rate 9 apartments. 10 And that's important both for 11 developing stronger, more stable communities 12 but also because integrated communities and 13 integrated buildings by socioeconomic status 14 are better buildings and better communities. 15 And this bill we're discussing 16 tonight would still continue to establish that 17 that 20 percent needed to be on-site for the 18 same types of apartments. It was also 19 important that you couldn't have the nice 20 apartments on certain floors for the 21 market-rate people and then the worse 22 apartments -- the smaller apartments, the 23 cheaper fixtures, the thinner walls -- in the 24 other types of apartments. 25 But in the chapter amendment -- and

Candyco Transcription Service, Inc.

(518) 371-8910 1 I'm urging my colleagues to think about the 2 bill and the chapter amendment as one -- they 3 wouldn't have to build the same kinds of units 4 or the same size units, they would just have 5 to continue to have 20 percent of the floor 6 space used for units rather than 20 percent of 7 the units in the same building. 8 And so that opens up a whole new 9 area of questions I feel we should be 10 concerned about. 11 This bill also establishes several 12 sections of the city where there are different 13 rules. I mentioned the Atlantic Yards 14 section. There's also a section in Queens 15 with different rules. 16 This bill also extends the current 17 rules for at least six months beyond when this 18 law sunsets and in some cases offers 19 exemptions to allow developers to continue 20 under the old rules for up to 2009. 21 And Senator Golden, when he 22 answered one of my questions and I asked him 23 how much will this cost in tax exemptions 24 compared to the old law, was perhaps right 25 when he said perhaps less over time than the

Candyco Transcription Service, Inc.

(518) 371-8910 1 current law, because the current law has been 2 a failure and has been offering large sums of 3 tax exemptions where they are least needed. 4 My concern with this bill and the 5 chapter amendments is it pushes this new -- 6 excuse me, it pushes the bad current law years 7 into the future, leaving the City of New York 8 knowing that they will continue under this law 9 to have to give the wrong kinds of tax 10 exemptions to the wrong types of development 11 for years into the future. 12 I'm not going to ask my colleagues 13 to vote no with me tonight. I know that for 14 many of them in their communities the pieces 15 of this bill that are good are worth it to 16 them. And in fact my district has been, 17 basically, already in the exclusion zone. 18 So when I talk here tonight and I 19 tell you how important I think it is to get 20 this right and that we haven't gotten this 21 right, even though some people have been 22 talking about this for years, I'm trying to 23 say that, one, we could do better. We 24 actually had better bills written. We had 25 better bills written by Senate Republicans, by

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly Democrats. 2 And yet at the end of the day, 3 everybody changed the deal, and we're passing 4 a bill that isn't nearly as good for the City 5 of New York, won't result in nearly as many 6 new units of affordable housing over the next 7 period of years. And that I think we were 8 here with a test, and that I think we've 9 flunked that test. 10 So I will vote no, but I'm 11 certainly not asking anyone to vote no with 12 me. 13 Thank you, Mr. President. 14 THE PRESIDENT: Is there any 15 other member that wishes to speak on the bill? 16 The debate is closed. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Senator Sabini, 23 to explain his vote. 24 SENATOR SABINI: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I just want to commend the 2 sponsors, Senator Golden and Chairman Lopez in 3 the other house, because this bill takes a law 4 that was really antiquated and passed in a 5 different time and makes it current under the 6 current housing conditions in our city of 7 New York. 8 It expands the exclusionary zone to 9 include burgeoning neighborhoods in Western 10 Queens of Corona, Elmhurst, Woodside, East 11 Elmhurst and Jackson Heights, which have a 12 housing crisis now that is forcing people out 13 of those neighborhoods, to move to more remote 14 parts of town where they can afford to live. 15 One of the best pieces of this bill 16 no one has mentioned is it ensures that 17 residents of a community board will have 18 priority for the rental of at least 50 percent 19 of the affordable housing units in that area, 20 so people will be able to stay in the 21 neighborhoods that they're accustomed to live 22 in or grew up in. So I want to thank the 23 sponsors for all that. 24 I am concerned about the housing 25 trust fund that the mayor has put forward,

Candyco Transcription Service, Inc.

(518) 371-8910 1 that this may not be used in the exclusionary 2 zones. But the City Council can amend Local 3 Law 58 as a result of this bill and perhaps 4 will do so and make the bill even better. 5 I vote aye. 6 THE PRESIDENT: Senator Sabini 7 will be recorded in the affirmative. 8 Senator Stavisky, to explain her 9 vote. 10 SENATOR STAVISKY: I want to echo 11 what Senator Sabini just said, because areas 12 of Queens, particularly the areas of Flushing, 13 are included in this exclusionary zoning area. 14 And the fact that they recognize 15 the importance of the local neighborhoods. 16 The community board is so important, 17 particularly in a burgeoning community such as 18 Flushing where there's been so much 19 construction but it hasn't been affordable. 20 We're delighted with the development, but 21 people have to have a place to live. 22 And I'm hopeful that in this area 23 that is included in the exclusionary zoning 24 area that we will have, for once, some 25 affordable housing where people can

Candyco Transcription Service, Inc.

(518) 371-8910 1 participate in neighborhood activities and 2 continue to make New York City such a 3 wonderful place to live. 4 I vote aye. 5 THE PRESIDENT: Senator Stavisky 6 votes aye. 7 Senator Schneiderman, to explain 8 his vote. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Mr. President. 11 I very much appreciate the debate 12 we just had. And I would like to thank the 13 sponsor and also thank Senator Krueger for 14 drawing out a critical issue. 15 It is now in the record that, while 16 the language of the bill is vague, the sponsor 17 has indicated that co-ops and condos have to 18 provide for affordability. That is a 19 critical, critical factor for me in my 20 district, and the language of the bill frankly 21 was not that clear. I'm glad we've gotten 22 that clear. 23 This does protect a substantial 24 part of upper Manhattan. It expands the 25 exclusionary zone in a way that will benefit

Candyco Transcription Service, Inc.

(518) 371-8910 1 many, many of my constituents. I share the 2 concerns about the trust fund. I am concerned 3 about some of the special provisions in here 4 for some areas of New York. But as far as my 5 district is concerned, this is a good deal. I 6 will be voting yes. 7 THE PRESIDENT: Senator 8 Schneiderman will be recorded in the 9 affirmative on Calendar Number 2099. 10 Senator Connor, to explain his 11 vote. 12 SENATOR CONNOR: Thank you, 13 Mr. President. 14 I know -- and I congratulate the 15 sponsors. I know it's been a difficult 16 process. It's gone on for many, many months. 17 There are contentious features, there have 18 been hearings, there have been many drafts of 19 bills. 20 I'm sure, like any other bill, it's 21 not a perfect bill. I have voted on hundreds 22 of bills this week, and I didn't see a perfect 23 bill. I saw a lot of good bills. 24 And this is a good bill because it 25 does update the 421-a program. It expands the

Candyco Transcription Service, Inc.

(518) 371-8910 1 exclusionary zone into areas in my district, 2 the rest of my district in Manhattan and into 3 Brooklyn that are under enormous pressure for 4 development now. The market's hot. 5 Affordability, under the old law, 6 was being sacrificed, frankly, because the 7 certificates were going somewhere else and 8 people in places like the Lower East Side or 9 in downtown Brooklyn weren't able to remain in 10 the neighborhood. It wasn't affordable. 11 I think another great feature, a 12 great feature of this is the prevailing wage 13 provision that's provided for the building 14 service workers and so on in larger buildings. 15 I think that's fair and appropriate and it's 16 something we ought to do and we're doing. 17 And I think I know, I appreciate 18 some of the concern expressed by Senator 19 Krueger or Senator Schneiderman about some of 20 the personal features. But, you know, in 21 crafting a bill like this you have to look at 22 certain realities. There are certain things 23 that are underway, there are certain things 24 have been done in reliance by people, and you 25 have to try and carefully craft the zone to

Candyco Transcription Service, Inc.

(518) 371-8910 1 take account of those things. 2 Because while you want to take some 3 of the golden eggs and apply them to 4 affordability, you don't want to kill the 5 goose that's the real estate market. 6 So I'm voting aye, Mr. President. 7 THE PRESIDENT: Senator Connor 8 will be recorded in the affirmative on 9 Calendar Number 2099. 10 Senator Adams, to explain his vote. 11 SENATOR ADAMS: Thank you, 12 Mr. President. I also will vote in favor of 13 this because of the many issues in the bill. 14 But I want to thank Senator Krueger 15 for her explanation. 16 And, you know, I think that after 17 six months of being here, and I believe we 18 have been patient listening to each other -- 19 and because at the end of the day we should 20 not raise to the level of being disrespectful 21 to each other. Because these are real issues. 22 Some of the issues that you raise are 23 important. 24 And I think that when we start 25 waving flags, when we start being

Candyco Transcription Service, Inc.

(518) 371-8910 1 discourteous, when we start being 2 disrespectful, then we get into a spiraling 3 course where no one can articulate their 4 issues. You are here to represent your 5 constituents and the concerns of your 6 constituents. And if we start disrespecting 7 each other, that we don't allow us to 8 articulate those issues that are important to 9 our constituents, we will never get things 10 done. 11 I respect your concerns. And 12 although I'm voting for this bill, I think you 13 raised some important issues and I hope we all 14 begin the process of respecting each other 15 first and not to the point of being 16 discourteous and disrespectful. Nothing is 17 funny about being disrespectful. 18 I vote aye. 19 (Scattered applause.) 20 THE PRESIDENT: Senator Adams 21 will be recorded in the affirmative on 22 Calendar Number 2099. 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 2099 are

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senators L. Krueger and Padavan. 2 Absent from voting: Senator C. 3 Kruger. 4 Ayes, 59. Nays, 2. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 2103, by the Senate Committee on Rules, Senate 9 Print 6308, an act establishing the Commission 10 on Health Care Facilities. 11 SENATOR KLEIN: Explanation, 12 please. 13 THE PRESIDENT: Senator Hannon, 14 an explanation has been requested by Senator 15 Klein. 16 SENATOR HANNON: This is a bill 17 that fulfills a provision in the budget that 18 we passed where we had PTAC'd these specific 19 monies. In other words, pursuant to a 20 chapter, it appropriates money to additionally 21 implement the recommendations of the Berger 22 Commission, in this regard for workers who are 23 displaced by recommendations of that 24 committee. 25 THE PRESIDENT: Senator Klein.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR KLEIN: Would the sponsor 2 yield for a couple of questions. 3 THE PRESIDENT: Senator Hannon, 4 will you yield for a question from Senator 5 Klein? 6 SENATOR HANNON: Mr. President, 7 I'll yield to a question at a time. 8 SENATOR KLEIN: Through you, 9 Mr. President. 10 I notice in the legislation there's 11 a half a million dollars that's allocated to 12 both the Senate and the Assembly. Is that 13 only for the two respective majorities? 14 SENATOR HANNON: It talks about a 15 memorandum of understanding between the 16 Temporary President of Senate and the Speaker 17 of the Assembly. 18 SENATOR KLEIN: Again through 19 you, Mr. President, would the sponsor yield 20 for a question. 21 THE PRESIDENT: Does the sponsor 22 yield for another question? 23 SENATOR HANNON: Yes. 24 THE PRESIDENT: Senator Klein. 25 SENATOR KLEIN: You know, I

Candyco Transcription Service, Inc.

(518) 371-8910 1 notice here that one of the qualifications 2 here in sort of finding a way to place these 3 workers is a proven track record of competence 4 in providing job training. 5 Would you be able to tell me 6 offhand who would be able to fill that bill 7 and be able to train these displaced workers? 8 SENATOR HANNON: I would presume 9 there is any number of groups that are 10 qualified for that. But it would have to be 11 people who would meet these standards. At the 12 moment I don't have specifics on that. 13 SENATOR KLEIN: Thank you. Thank 14 you, Mr. Hannon. 15 On the bill, Mr. President. 16 THE PRESIDENT: Senator Klein, on 17 the bill. 18 SENATOR KLEIN: It's rather 19 disheartening that our last sort of half hour, 20 hour of session we're doing a piece of 21 legislation that is acknowledging that the 22 Berger Commission was correct. Here we are 23 doing an employee displacement mitigation 24 program, finding ways to get jobs for workers 25 when we close their hospitals.

Candyco Transcription Service, Inc.

(518) 371-8910 1 It was only last week where we 2 debated, I believe, how Berger was incorrect 3 in closing some of our hospitals. I know we 4 passed legislation in this house that 5 Mr. Farley sponsored keeping Bellevue open, a 6 very laudable cause. 7 We debated a hostile amendment by 8 my colleague Senator Andrea Stewart-Cousins to 9 keep her hospital, Dobbs Ferry Hospital, open 10 in her district. I know at the time I also 11 mentioned my hospital in the Bronx, 12 Westchester Square. 13 I think it's worth repeating -- and 14 I think in some cases, to some of you, I'm 15 preaching to the choir -- the findings of 16 Berger were misguided. 17 If we look at the different 18 hospitals that I talked about, what we did was 19 we closed hospitals that were really 20 low-Medicaid -- in other words, they weren't 21 costing the state a lot of money in Medicaid, 22 because they had a very low Medicaid 23 population -- and they were also hospitals 24 that were running in the black. Which means 25 they were not a burden on the state again.

Candyco Transcription Service, Inc.

(518) 371-8910 1 That seems to be the pattern that I 2 see. And here we are not passing a piece of 3 legislation that I believe will enable the 4 Health Department to keep some of our 5 hospitals open. 6 I know after we had our long debate 7 last week, my colleague Senator Hannon 8 introduced a piece of legislation very similar 9 to the amendment I attempted to pass last week 10 which I believe would have given the Health 11 Department a lot of discretion in keeping a 12 lot of these hospitals open. In other words, 13 it would give a hospital that was on the 14 Berger list to be closed, the ability to 15 restate their case. 16 And I think that's a good thing, 17 because I think what we've seen as far as a 18 discrepancy as part of some of the regional 19 recommendations, these hearings that took 20 place around the state of New York that made 21 certain recommendations, that kept some 22 hospitals open, some hospitals would close, 23 really ignoring local community input. 24 Under Senator Hannon's bill, it 25 would give those individuals the ability to

Candyco Transcription Service, Inc.

(518) 371-8910 1 kind of sort of revisit those recommendations. 2 That's the kind of legislation I think we 3 should be passing now, not a piece of 4 legislation where we're acknowledging that all 5 these hospitals are closing and we're going to 6 leave it up to the two respective majorities 7 to divvy out a pot of money to where these 8 workers will work. 9 I think that's important. We want 10 to make sure these healthcare workers land 11 safely. But to turn around now and pass this 12 legislation and totally ignore what we can do, 13 I believe, to effectively save our hospitals I 14 think is bad government. 15 I vote no, Mr. President. 16 THE PRESIDENT: Are there any 17 other Senators wishing to speak on this 18 legislation? 19 Hearing none, the debate is closed. 20 The Secretary will read the last 21 section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Senator Hannon, 2 to explain his vote. 3 SENATOR HANNON: Yes, Mr. 4 President, I just want to point out we are 5 dealing with this not because of the other 6 discussions taking place and continuing to 7 take place in regard to Berger but because we 8 had put language in the budget and said that 9 we would have a chapter later. And that's 10 simply what we're doing now. 11 THE PRESIDENT: Senator Hannon 12 will be recorded in the affirmative on 13 Calendar Number 2103. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 2103 are 18 Senators Adams and Klein. Also Senator 19 Stewart-Cousins. Also Senator L. Krueger. 20 Also Senator Sabini. 21 Absent from voting: Senator C. 22 Kruger. 23 Ayes, 56. Nays, 5. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 We now move to Calendar Number 2 1319. This is the last bill. 3 SENATOR BRUNO: Thank you, 4 Mr. President, for anticipating that request. 5 Thank you. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: In relation to 9 Calendar Number 1319, Senator Griffo moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 5804 and substitute it 12 for the identical Senate Bill Number 4801, 13 Third Reading Calendar 1319. 14 THE PRESIDENT: The substitution 15 is ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1319, by Member of the Assembly Lifton, 19 Assembly Print Number 5804, an act to amend 20 the Election Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: Announce the 3 results. 4 THE SECRETARY: Ayes, 62. 5 THE PRESIDENT: The bill is 6 passed. 7 The chair recognizes Senator Smith. 8 SENATOR SMITH: Thank you very 9 much, Mr. President. 10 And first, Mr. President, let me 11 thank you for presiding over the first portion 12 of this session that we are ending tonight. 13 You have presided on the floor with the adroit 14 ability that you always have. Your intellect, 15 your ability to reason and recall continues to 16 amaze many of us. And I want to congratulate 17 you on your first session where you have 18 presided over the Senate. 19 (Extended applause.) 20 THE PRESIDENT: The statements 21 are not germane and are ruled out of order. 22 (Laughter.) 23 SENATOR SMITH: Let me also thank 24 Senator Bruno, who in his consistent wisdom 25 has done what he could and done all that he

Candyco Transcription Service, Inc.

(518) 371-8910 1 could to move us to deal with the issues at 2 hand as it relates to the people of this 3 state. 4 The Governor and his ability to 5 move some agenda items which we did earlier in 6 the year -- those of which, many of us know, 7 some of which took close to 12 to 14 years. 8 Workmen's comp was a big important issue for 9 us, civil confinement, the anti-human 10 trafficking, all of which were successes early 11 on in our year, all of which were very 12 important issues to us, all of which got done 13 because of the time and effort that we all put 14 in. 15 I do want to thank my floor 16 manager, Senator Tom Duane, for all that 17 you've done this session. You've managed the 18 floor very well. I know Senator Bruno at 19 times felt as though there was need for 20 intervention. But Senator Duane, as he always 21 does, does very well. 22 My deputy, Senator Jeff Klein, for 23 his guidance and wisdom, his quiet counsel of 24 myself at times on various issues. 25 Our floor whips, Senator Kevin

Candyco Transcription Service, Inc.

(518) 371-8910 1 Parker, Senator Toby Stavisky. They have 2 always ran into the office: Which way are we 3 voting, how do we corral the members? They 4 did a great job, sweating most of the time. I 5 think they lost a little bit of weight running 6 back and forth between, but they've done a 7 great job also. 8 To our floor counsel, Chrissy 9 Dickinson, who I'm not sure how you managed to 10 keep us all together, but she did a wonderful 11 job. 12 To my general counsel, Shelley 13 Mayer, who I know many of you saw her bouncing 14 around like a little bullet. She moves around 15 very quickly. Always very worried, always 16 very concerned, but concerned about the 17 people's business at hand. 18 To my chief of staff, Mortimer 19 Lawrence, and my friend, Mortimer Lawrence. 20 And to all of my staff members who 21 have taken the time to do so much, I want to 22 thank all of you. I know many of you have 23 families, and we put some long hours in this 24 year. A lot of your families questioned why 25 you were there, how much time are you going to

Candyco Transcription Service, Inc.

(518) 371-8910 1 give back to us. 2 And I know we demanded, the members 3 demanded, I demanded much of you. We want you 4 to know that it did not go unnoticed. It 5 doesn't mean you're getting raises, but it did 6 not go unnoticed. You did very well, and we 7 appreciate all that you did. 8 This was a unique session for us. 9 Many of the members -- Senator Sabini; Senator 10 Ruth Hassell-Thompson; Senator Gonzalez, 11 Senator Stachowski, our finance chair; Senator 12 Valesky; Senator Parker; Senator Breslin; 13 Senator Savino; Senator Adams; Senator 14 Schneiderman -- many of them were involved 15 with the six-way meetings with the Governor, 16 Senator Bruno, Speaker Silver, myself, and 17 Assemblyman Tedisco. 18 Many of them put a lot of hours in, 19 a lot of effort in, took the time to become 20 expert on issues. The people of this state 21 are thankful to each and every one of you. I 22 am thankful to each and every one of you. You 23 have allowed this conference, the Democratic 24 conference, to show the leadership and the 25 ability that it has to manage and run this

Candyco Transcription Service, Inc.

(518) 371-8910 1 state, which we will do and we plan to do and 2 we will do it very well. You have made people 3 very proud of all that you have done. 4 I seen some unique things happen. 5 I saw Senator Johnson introduce a divestment 6 bill. I saw Senator Klein add to that idea. 7 I saw Senator Bonacic put the bill on the 8 floor today. I saw it be passed today. Which 9 is a shining example of what happens when we 10 work together, what happens when we confine 11 ourselves to doing what we was elected to do, 12 and that was to handle the people's business. 13 Staff for the Majority, appreciate 14 all that you have done as well. While at 15 times we are on different sides of the aisle, 16 the bottom line is we are all focused on the 17 same thing, and that is to get the job done 18 for the people of this state so that they know 19 that they can raise their families here, they 20 can have their children go to school, they can 21 be safe, and that you can continue to get your 22 paycheck as well. 23 You've done a great job as well; I 24 know Senator Bruno will also thank you. 25 We have some very interesting

Candyco Transcription Service, Inc.

(518) 371-8910 1 initiatives that we took up this year -- 2 foreclosure crisis, subprime lending. 3 Senators Klein, Krueger, Connor, Sampson 4 pushed the issue very hard. Green Apple 5 Initiative. Brownfields. Senator Breslin, 6 Senator Johnson, Thompson, Perkins, 7 Schneiderman. Members working very hard. 8 Reproductive choice: Stewart-Cousins, Diane 9 Savino. Our suburban caucus. Our suburban 10 caucus: Senator Valesky, Senator Craig 11 Johnson, Senator Suzi Oppenheimer, Senator 12 Klein, who I'm still wondering how much 13 suburban he is. 14 But we've done some very unique 15 things this year. We also had some tough 16 times. Recently on this floor we had to talk 17 about Trooper Brinkerhoff. We had to talk 18 about his family and what it meant to each and 19 every one of us, what it meant to this 20 particular body of Senators, of members, who 21 had to explain to the people of this state 22 that we are here to protect them and to serve 23 them. 24 We have a tremendous amount of 25 unfinished business that we need to handle

Candyco Transcription Service, Inc.

(518) 371-8910 1 still, Mr. President. We have economic 2 development issues that we have to deal with, 3 tax relief issues, campaign finance issues, 4 paid family leave issues we have not gotten 5 to, Article X siting, healthy schools, 6 judicial pay raise. 7 There are a number of issues that 8 we still have to deal with, and that is why 9 many of you heard me call for us to stay here 10 and continue our work. 11 However, I will say to Senator 12 Bruno, I thank you at least for accepting my 13 recommendation and moving beyond 5 o'clock. 14 We are now at 9:30. And at the rate we're 15 going, perhaps we'll be here tomorrow. And I 16 know many of you don't mind being here 17 tomorrow. It's good to take care of our 18 business. My conference, our members are 19 ready to continue to work. 20 But I do know there comes a time 21 when we have to move on. But however, I am 22 looking forward to us returning. I don't 23 consider this the end of session. I had some 24 decent conversations with Senator Bruno, with 25 the Governor, with the Speaker, and we've all

Candyco Transcription Service, Inc.

(518) 371-8910 1 agreed that it is time for us to continue our 2 work. 3 So we will pause. We will pause 4 for a moment, we will collect our thoughts, we 5 will take a breather and begin to continue the 6 dialogue. I do hope that when we come back on 7 the 16th or the 23rd, at the call of the 8 Majority Leader, that we will have taken the 9 time to evaluate all the issues that are laid 10 out before us and things that we still have to 11 do. 12 Our conference has made a 13 commitment to what we consider a nine-to-five 14 agenda. That is, making sure all the people 15 that play by the rules, those that work very 16 hard, have somebody who is prepared to speak 17 up for them. Those who will go to that gas 18 station and say $4 for a gallon of gas is just 19 much too much, we want to stand up for them. 20 Those who say I can't afford to 21 live in this state anymore because either I'm 22 being taxed out or the fact that I can't 23 afford a home -- we want to talk them as well. 24 Those that say I can't send my 25 child to a particular public school and get a

Candyco Transcription Service, Inc.

(518) 371-8910 1 decent education, we want to speak up for 2 them. We want to make sure that they know we 3 understand their message, we received their 4 message, and we are going to take care of 5 their business when we come back. 6 We are not finished. We are not 7 finished. Yes, we've gotten a few things 8 done, but there is a lot more we still have to 9 do. The staff on both sides, those of you in 10 the audience that have advocated for different 11 issues, please do not leave these chambers 12 today with a sense of unaccomplishment, with a 13 sense that we have not done all the business 14 you have asked us to do, because we will be 15 back. We will do more. We will get more 16 done. We will be back with the same 17 commitment that we had before we got here in 18 January. 19 In closing, let me just say to my 20 friend, to my Senate mentor -- and I say this 21 publicly to many of you who do not understand 22 the relationship that this young man and I 23 have, Senator Bruno. He has been a friend to 24 me, he has been a guiding light to me. He has 25 educated me from time to time on certain

Candyco Transcription Service, Inc.

(518) 371-8910 1 issues. He has even told me from time to time 2 whether or not I should listen to Dean Skelos. 3 (Laughter.) 4 SENATOR SMITH: However -- 5 careful. Careful. 6 However, I say this with all due 7 respect to all of you here, I understand, 8 Senator Bruno, what this institution, the 9 Senate, means to you. I understand that your 10 soul is a part of this institution. And we 11 are looking forward to being your partner and 12 making sure that the people of this state 13 remember and understand the significance of 14 this institution. 15 This is one of the greatest bodies 16 in this country. People around the country 17 talk about the New York State Senate and how 18 much esteem comes out of each and every one of 19 our members. And I want to thank you for the 20 aura that you have placed over this body. It 21 is clear that it resonates not only through 22 the state of New York but throughout this 23 country. 24 And I want each and every one of 25 you to know that as I travel the state,

Candyco Transcription Service, Inc.

(518) 371-8910 1 whether we are on this side of the aisle or on 2 that side of the aisle, what is most important 3 to me is that people recognize that when a 4 member of this body speaks, we are speaking on 5 behalf of the people of this state. The 6 19 million people need to know, irrespective 7 of what we do in this chamber, that we have 8 their best interests at heart. 9 And that is why I want to thank you 10 each for your cooperation during my first 11 session as Minority leader. Don't know how 12 long that will last. (Pause.) However, I 13 want to thank each and every one of you for 14 your friendship, for your counsel, for all 15 that you've helped me with. 16 To my members, to my family, to our 17 team, I want to thank you as well. We've had 18 our moments, our growing pains. But I think 19 all in all this has been a tremendous session. 20 We've moved some things. We've got more to 21 do. And I look forward, Mr. President, coming 22 back in a short period of time, when we can 23 continue the business of the state. 24 To the Governor, who I know will be 25 listening, I thank you for all that you have

Candyco Transcription Service, Inc.

(518) 371-8910 1 done this session. We look forward to working 2 with you. 3 We have much more to do. We have 4 not completed our calendar. We have not 5 completed what we need to do for the people of 6 this state to let them know we are open for 7 business and that this is a place where you 8 raise your family. But we will be back. 9 Thank you very much. 10 THE PRESIDENT: Thank you very 11 much for those remarks, Senator Smith, and 12 thank you for your service to the New York 13 State Senate as Minority leader. 14 Now, for closing remarks, the 15 Majority Leader of the Senate, serving his 16 13th year, Senator Joseph Bruno. 17 SENATOR BRUNO: Thank you, 18 Mr. President, Senator Smith, colleagues. 19 Senator Smith, in his diligence, 20 was insisting that we work through tomorrow. 21 And I really thought he was going to talk us 22 through to tomorrow. 23 (Laughter.) 24 SENATOR BRUNO: But thank you for 25 your kind observations, your great words. I

Candyco Transcription Service, Inc.

(518) 371-8910 1 am proud of you that you are such a quick 2 study. 3 And my conference was murmuring 4 when you were being so complimentary to me -- 5 I got to tell you, it jeopardizes my 6 leadership. 7 (Laughter.) 8 SENATOR BRUNO: But what you 9 don't know is that Senator Smith spends a lot 10 of time in my district, in the great county of 11 Rensselaer. He is one of the locals now. And 12 I'm always happy to know that we are 13 comfortable, we are compatible, we are 14 neighbors. 15 And so I thank him for his 16 friendship and for the good job that he does 17 as the Minority leader. He is extremely 18 representative. 19 And when you question how long 20 you'll hold the job, if we can help it, it 21 will be forever. 22 (Laughter.) 23 SENATOR BRUNO: But, 24 Mr. President, thank you. We've always 25 enjoyed a great, great relationship, you as

Candyco Transcription Service, Inc.

(518) 371-8910 1 leader here on the floor and now in your 2 present position. Thank you for the good work 3 that you do, and your diligence. 4 And I want to say thank you to so 5 many people, we could literally be here 6 through the night saying thank you. You look 7 around the room, the people that contribute to 8 all the good things that happen here on behalf 9 of our constituency. It happens because of 10 the hard work, the commitment of the people 11 that are here. 12 I want to especially thank the 13 Deputy Majority Leader, our floor leader here, 14 Senator Skelos, who is here constantly and 15 continually making things happen. 16 And, Dean, thank you for doing such 17 an outstanding job and putting up with the 18 likes of some of what we have to put up with 19 generally. 20 Now, that was supposed to be funny, 21 but you didn't hear me. And I was thinking of 22 Tom Duane. 23 (Laughter.) 24 SENATOR BRUNO: And Tommy, 25 Senator Libous, and Senator Trunzo, who are

Candyco Transcription Service, Inc.

(518) 371-8910 1 all part of leadership, Senator Volker, 2 Senator Padavan. Who else? All of the people 3 that I see here. And I could mention each and 4 every one of them by name. 5 Senator Johnson, our chair of 6 Finance, who has committed a large portion of 7 his life to doing the good work of his 8 district and the people of this state. 9 And, Owen, thank you for friendship 10 and for all the good things that you do. 11 And to all of the Senators, all the 12 people that are in our conference, those of 13 you here who really spend so much time, so 14 much energy, so much that goes on in your 15 lives, taking time away from your family to do 16 the kinds of things that you do. And you do 17 it just because you're committed to being in 18 public service. So thank you, thanks for the 19 support you give me as a partner. 20 And to all of our colleagues here, 21 really on both sides of the aisle, when we are 22 legislating, we differ, we debate, we come in 23 different places sometimes. But you say it 24 right when you say that we are in public 25 service, and that means to all of the people

Candyco Transcription Service, Inc.

(518) 371-8910 1 of this state. 2 And all of us want the very best 3 things that we can enjoy for our mutual 4 constituency. And people don't care whether 5 they're Republican or Democrat or whatever 6 party; what they want in this state from us is 7 a quality of life. They want results. 8 And, you know, all of us together 9 we started this session. And, Senator Smith, 10 you recited a lot of what we did and you 11 recited a lot of what we didn't do. And you 12 recited it extremely well. And I'm not going 13 to repeat it. 14 But if you think about the way we 15 started this session, we really had momentum. 16 We were doing so many great things on behalf 17 of the people of this state. And you said it, 18 with budget reform that we had worked on in 19 this house for 12 years, with civil 20 confinement that we had worked on for 10 21 years. Ethics and lobby reform that we did in 22 this house four or five years ago, something 23 very, very similarly. Workers' comp, from the 24 time we did the first bill, we tried to 25 upgrade it and couldn't.

Candyco Transcription Service, Inc.

(518) 371-8910 1 We got all that done. We got it 2 done within the first five or six weeks. So 3 there was great, great promise here for all 4 the good things. And how did we do those? We 5 did them as partners, here in this chamber, 6 with the Assembly, and with the Governor 7 providing leadership and direction. 8 Now, you know, it's sad, but we are 9 ending the regular session tonight. It's 10 June 21st. And it's kind of sad that when 11 Senator Smith recited a litany of good work on 12 behalf of the people of this state, those 13 things are not being done. They're not being 14 done. Why aren't they being done? 15 We passed in this house almost 16 everything that you mentioned -- from DNA to 17 protect the innocent and to punish the guilty, 18 the whole tax cut package to relieve people of 19 the heavy burden that they bear in this state. 20 Tax rebates for seniors that we deprived in 21 the regular budget, $200 million worth. And 22 that's for lower-income seniors. Jobs, 23 economic development, capital to fund. Death 24 penalty for killing a peace officer. I mean, 25 they're fair game, it seems, in this state.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Why aren't we doing those things? 2 Why? We did them in this house. Why didn't 3 they make it through the Assembly? Where was 4 the leadership of the Governor in these last 5 few weeks and last month? 6 We are where we are here tonight, 7 and there's very, very important things for 8 the people of this state that aren't getting 9 done because this Governor obsessed about 10 campaign finance reform. 11 And what does that mean? What does 12 that mean to people who are struggling to keep 13 a child in college, praying that their 14 children can find a job here when they finish 15 their education, praying that they won't move 16 to Carolina or Texas or Florida or California. 17 Seniors who have to go into 18 assisted living, nursing homes, because they 19 can't stay in their homes because we are, by 20 far, the highest-taxed people in properties in 21 the whole United States. And we still, 22 per capita, are the highest-taxed in the 23 United States. 24 Why can't we get that kind of 25 relief? Why can't we? Because our Governor,

Candyco Transcription Service, Inc.

(518) 371-8910 1 who is our leader here, our partner, who 2 started this session with the momentum, doing 3 a budget that returned a billion, 300 million 4 dollars to the property taxpayers, set a 5 record for education -- a billion-eight, a 6 record, 21-plus-billion going into education. 7 We fixed healthcare here in this house. We 8 did a lot of these things. 9 Now, I don't take any pleasure in 10 standing here with my colleagues saying that 11 we have left a lot of the people's business 12 undone. And Senator Smith, you are right. 13 You recited many, many of the things -- and I 14 have two pages worth that I'm not going to 15 review. 16 But let me just share with you, 17 we're still here, we're elected to serve 18 through December 31st of '08. And we shall 19 return. Senator Smith wanted to stay through 20 the night and through tomorrow. How are you 21 fixed for Monday? You all right? Okay, good. 22 We will have to return, because we do have all 23 of this unfinished business. 24 Now, what I'm saying really is 25 intended to engage this Governor in a positive

Candyco Transcription Service, Inc.

(518) 371-8910 1 way, not a negative way, to engage this 2 Governor in what is really important on behalf 3 of the people of this state. 4 And if you ask people about 5 priorities -- do I want to be protected, do I 6 want to be able to support my family, can I 7 pay my taxes, can I pay my tuition -- that's 8 what the people want from us. They want help. 9 And you go ask anybody out on the 10 street, Do you know what the finance laws, the 11 campaign finance laws are? When you get up in 12 the morning, do you wonder if your Senator is 13 going to pass a campaign finance reform bill? 14 Is that how people go to sleep at night in 15 this state and wake up in the morning? I 16 don't think so. 17 Now, why can't a bright, 18 articulate, intelligent chief executive 19 understand that? I talked with him I don't 20 know how many times today, talked with him 21 this morning, talked with him yesterday, 22 talked with him Monday. And each conversation 23 almost began and ended with: You have to do 24 campaign finance reform or nothing else 25 happens. We don't fund jobs, we don't fund a

Candyco Transcription Service, Inc.

(518) 371-8910 1 lot of the things that need to be funded, we 2 don't do that. 3 And I said, We will try, but I 4 don't believe we can get there. We couldn't 5 get there in five months. How are we going to 6 get there in a few hours or a few days? 7 Now, I'm sharing this with you 8 because, Senator Smith, you were relating 9 things we haven't done. And I am sharing with 10 you that we've done them, most of them have 11 been done in this house. And why aren't they 12 done on behalf of the people of this state? 13 Because people are preoccupied with one issue, 14 campaign finance reform. 15 Now, I'm not going to go on and on 16 and on. But what I have said is that is an 17 issue that we will debate in any forum, any 18 place, with this Governor at any time. 19 Because we feel that freedom of expression and 20 the freedom of speech is guaranteed by our 21 Constitution, and that means that people can 22 step up and support whomever they want as long 23 as they do it in an accountable way with 24 transparency. 25 That's what America is all about,

Candyco Transcription Service, Inc.

(518) 371-8910 1 is freedom of expression. You ought to be 2 able to support people you want to, work 3 against and financially support people that 4 you don't want to see, their opponents. 5 That's what it's all about. 6 So we are going to return. We're 7 going to try and do the congestion pricing for 8 the city. We're going to try and get that 9 done. Why? Because it's the right thing to 10 do. Now, how do you do it? It's very 11 troublesome, it's very difficult, like a lot 12 of good things. 13 But I have to applaud this Mayor 14 for his vision, for his creativity, for his 15 leadership, for stepping up. And we do have a 16 deadline that the feds, the Undersecretary of 17 Transportation confirmed, of July 16th. This 18 is a billion-one, billion-two. Five hundred 19 million potentially can go to New York City if 20 we do it right. And they're very interested 21 in making that happen. 22 So I share these thoughts with you. 23 And I have the privilege of having the last 24 word. And I know there's some people there 25 just dying to get up and answer me. But

Candyco Transcription Service, Inc.

(518) 371-8910 1 please save it. Okay? And remember it. Make 2 some notes. And we will have an opportunity 3 to continue our discussion and our 4 relationship. 5 I want to thank Mike Avella, our 6 chief counsel; Jeff Lovell, our budget 7 analyst; Steve Boggess, our Secretary to the 8 Senate, everybody that has been involved. 9 John McArdle, our director of communications. 10 And you know, when you look around, 11 you start thanking people, you can go on 12 indefinitely, but I thank you all. Because 13 without you being here, many times days, 14 nights, weekends, we just don't function. So 15 I really, sincerely thank you. 16 Amy Leitch in my office, my 17 executive assistant, and Smitty, who assists 18 her. They're just here and they're just 19 working and they just do whatever it takes. 20 And everyone else that is here. And I just 21 thank you for from the bottom of my heart. 22 And when Senator Smith talks about 23 this being part of my life, you are right. 24 What happens here in the Senate on behalf of 25 the people -- and I understand the dynamic of

Candyco Transcription Service, Inc.

(518) 371-8910 1 partnering. Believe me, I've committed -- 2 this is the 31st year of my life, my adult 3 life with many of you here and many of you 4 that weren't here when we started. 5 And I thank you. I thank you for 6 being adversarial, I thank you for being 7 productive, I thank you for being 8 constructive. And I especially, especially 9 thank my conference for bearing with me 10 through trials and tribulations and being 11 there and being supportive, and this great 12 team that we have here and many others that 13 can't be here. 14 Present intent will be to get back 15 here sometime in July, to hopefully negotiate 16 some of the things that are undone, and come 17 back in a productive, constructive way. 18 Partnering with the Governor, respecting his 19 leadership, respecting our relationship here, 20 and the Assembly, and recognizing that 21 together we get a lot of great things done and 22 apart we just don't make it happen. 23 So looking forward and looking 24 upward and looking onward. I want you to be 25 safe through this weekend until we get back

Candyco Transcription Service, Inc.

(518) 371-8910 1 together. And we'll have good thoughts for 2 each other, everybody. 3 And I am being reminded, by way of 4 I may talk us past midnight -- but I will try 5 not to -- and would ask that we recommit any 6 of the bills that are outstanding and on the 7 calendar to Rules. 8 And will suggest that there being 9 no further business to come before the Senate, 10 that we stand adjourned, subject to the call 11 of the Majority Leader, and intervening days 12 to be legislative days. 13 Thank you all, and God bless you. 14 (Extended applause.) 15 THE PRESIDENT: All outstanding 16 bill are recommitted to the Rules Committee. 17 The Senate is adjourned subject to 18 the call of the Majority Leader, all 19 intervening days to be legislative. 20 Senate adjourned. 21 (Whereupon, at 10:01 p.m., the 22 Senate adjourned.) 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910