Monday, July 16, 2007

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

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT MAZIARZ: The 3 Senate will come to order. 4 And I ask that everyone present 5 please rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MAZIARZ: The 10 invocation today will be given by the Reverend 11 Peter G. Young. 12 Father Young. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 Let us pray. 16 As we look out the window today and 17 see Your beauty displayed for the crowds at 18 the plaza bathing in the sunshine, we would 19 enjoy that same time of relaxation, but state 20 responsibilities have called the Senate to 21 fulfill their oath of office. 22 Because of the dedication of our 23 Senators, we call You, O God, to bless them 24 with strength and good health so that they can 25 provide needed leadership to our New York

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(518) 371-8910 1 State citizens. 2 May their legislative session today 3 promote continued progressive agendas that 4 will improve the quality of life for all of 5 our residents in New York State. 6 We ask You this now through God. 7 Amen. 8 ACTING PRESIDENT MAZIARZ: The 9 reading of the Journal. 10 THE SECRETARY: In Senate, 11 Sunday, July 15, the Senate met pursuant to 12 adjournment. The Journal of Saturday, 13 July 14, was read and approved. On motion, 14 Senate adjourned. 15 ACTING PRESIDENT MAZIARZ: 16 Without objection, the Journal stands approved 17 as read. 18 Presentation of petitions. 19 Messages from the Assembly. 20 Messages from the Governor. 21 Reports of standing committees. 22 Reports of select committees. 23 Communications and reports from 24 state officers. 25 Motions and resolutions.

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(518) 371-8910 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: Mr. 3 President, on behalf of Senator Klein, I move 4 the following bill be discharged from its 5 respective committee and be recommitted with 6 instructions to strike the enacting clause: 7 Senate Print Number 3126B. 8 ACTING PRESIDENT MAZIARZ: So 9 ordered. 10 Senator Fuschillo. 11 SENATOR FUSCHILLO: Mr. 12 President, on behalf of Senator Young, I wish 13 to call up Senate Print Number 5676A, recalled 14 from the Assembly, which is now at the desk. 15 ACTING PRESIDENT MAZIARZ: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1672, by Senator Young, Senate Print 5676A, an 19 act to amend the Agriculture and Markets Law. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Mr. 23 President, I now move to reconsider the vote 24 by which the bill was passed. 25 ACTING PRESIDENT MAZIARZ: Call

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(518) 371-8910 1 the roll on reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 45. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is restored to its place on the Third 6 Reading Calendar. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Mr. 9 President, I now move to recommit the bill to 10 the Committee on Rules. 11 ACTING PRESIDENT MAZIARZ: So 12 ordered. 13 Senator Fuschillo. 14 SENATOR FUSCHILLO: On behalf of 15 Senator Winner, I move that the following bill 16 be discharged from its respective committee 17 and be recommitted with instructions to strike 18 the enacting clause: Senate Print Number 19 6375. 20 ACTING PRESIDENT MAZIARZ: So 21 ordered. 22 Senator Fuschillo. 23 SENATOR FUSCHILLO: On behalf of 24 Senator Golden, I wish to call up Senate Print 25 Number 1288A, recalled from the Assembly,

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(518) 371-8910 1 which is now at the desk. 2 ACTING PRESIDENT MAZIARZ: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1835, by Senator Golden, Senate Print 1288A, 6 an act to amend the Social Services Law. 7 SENATOR FUSCHILLO: I now move to 8 reconsider the vote by which the bill was 9 passed and ask that the bill will be restored 10 to the order of third reading. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 45. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is restored to its place on the Third 17 Reading Calendar. 18 SENATOR FUSCHILLO: I now offer 19 the following amendments. 20 ACTING PRESIDENT MAZIARZ: The 21 amendments are received. 22 SENATOR FUSCHILLO: Mr. 23 President, I now move to discharge, from the 24 Committee on Rules, Assembly Print Number 25 3300A and substitute it for the identical

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(518) 371-8910 1 Senate bill. 2 ACTING PRESIDENT MAZIARZ: 3 Substitution ordered. 4 SENATOR FUSCHILLO: I now move 5 that the substituted Assembly bill have its 6 third reading at this time. 7 ACTING PRESIDENT MAZIARZ: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1835, substituted earlier by Member of the 11 Assembly Millman, Assembly Print Number 3300A, 12 an act to amend the Social Services Law and 13 the Public Authorities Law. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 45. 22 ACTING PRESIDENT MAZIARZ: The 23 bill is passed. 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Mr.

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(518) 371-8910 1 President, on behalf of Senator Robach, I wish 2 to call up Senate Print Number 6347, recalled 3 from the Assembly, which is now at the desk. 4 ACTING PRESIDENT MAZIARZ: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 2068, by Senator Robach, Senate Print 6347, an 8 act establishing the City of Rochester and the 9 Board of Education. 10 SENATOR FUSCHILLO: I now move to 11 reconsider the vote by which the bill was 12 passed and ask that the bill be restored to 13 the order of third reading. 14 ACTING PRESIDENT MAZIARZ: Call 15 the roll on reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 45. 18 ACTING PRESIDENT MAZIARZ: The 19 bill is restored to its place on the Third 20 Reading Calendar. 21 SENATOR FUSCHILLO: I now offer 22 the following amendments. 23 ACTING PRESIDENT MAZIARZ: The 24 amendments are received. 25 SENATOR FUSCHILLO: Mr.

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(518) 371-8910 1 President, I now move to discharge, from the 2 Committee on Rules, Assembly Print Number 9227 3 and substitute it for the identical Senate 4 bill. 5 ACTING PRESIDENT MAZIARZ: 6 Substitution ordered. 7 SENATOR FUSCHILLO: I now move 8 that the substituted Assembly bill have its 9 third reading at this time. 10 ACTING PRESIDENT MAZIARZ: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 2068, substituted earlier by Member of the 14 Assembly Gantt, Assembly Print Number 9227, an 15 act establishing the City of Rochester and the 16 Board of Education. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 45. 25 ACTING PRESIDENT MAZIARZ: The

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(518) 371-8910 1 bill is passed. 2 Senator Fuschillo. 3 SENATOR FUSCHILLO: Mr. 4 President, on behalf of Senator Wright, I wish 5 to call up Senate Print Number 4261A, recalled 6 from the Assembly, which is now at the desk. 7 ACTING PRESIDENT MAZIARZ: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1844, by Senator Wright, Senate Print 4261A, 11 an act to amend Chapter 519 of the Laws of 12 1999. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Fuschillo. 15 SENATOR FUSCHILLO: I now move to 16 reconsider the vote by which the bill was 17 passed and ask that the bill be restored to 18 the Third Reading Calendar. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll on reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 45. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is restored to its place on the Third 25 Reading Calendar.

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(518) 371-8910 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: I now move to 3 discharge, from the Committee on Rules, 4 Assembly Print Number 7823A and substitute it 5 for the identical Senate bill. 6 ACTING PRESIDENT MAZIARZ: 7 Substitution ordered. 8 SENATOR FUSCHILLO: The Senate 9 bill on first passage was voted unanimously. 10 I now move that the substituted Assembly bill 11 have its third reading at this time. 12 ACTING PRESIDENT MAZIARZ: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1844, substituted earlier by Member of the 16 Assembly Schimminger, Assembly Print Number 17 7823A, an act to amend Chapter 519 of the Laws 18 of 1999 amending the Alcoholic Beverage 19 Control Law. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MAZIARZ: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 45. 3 ACTING PRESIDENT MAZIARZ: The 4 bill is passed. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 there will be an immediate meeting of the 8 Finance Committee in the Majority Conference 9 Room. 10 The Senate will stand at ease. 11 ACTING PRESIDENT MAZIARZ: There 12 will be an immediate meeting of the Senate 13 Finance Committee in the Majority Conference 14 Room. 15 The Senate will stand at ease. 16 (Whereupon, the Senate stood at 17 ease at 2:21 p.m.) 18 (Whereupon, the Senate reconvened 19 at 2:36 p.m.) 20 ACTING PRESIDENT SEWARD: Senator 21 Skelos. 22 SENATOR SKELOS: Mr. President, 23 if we could return to the order of motions and 24 resolutions. 25 With the consent of the Minority,

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(518) 371-8910 1 Senator Little has a resolution, 3141. If we 2 could have it read at this time, just the 3 title. 4 ACTING PRESIDENT SEWARD: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 Little, Legislative Resolution Number 3141, 8 congratulating Dr. Dan O'Keeffe upon the 9 occasion of capturing a gold medal in tennis 10 doubles at the 2007 National Senior Olympics. 11 ACTING PRESIDENT SEWARD: Senator 12 Little. 13 SENATOR LITTLE: Thank you, 14 Mr. President. 15 Frequently we are joined in the 16 gallery by some great athletes. We've had 17 teams who have won state championships, we 18 have had college teams that have won NCAA 19 championships, and we've all been very proud 20 of them. 21 But I'm very proud today to have a 22 constituent and friend here today with us, 23 Dr. Dan O'Keeffe. 24 Dr. O'Keeffe, originally from North 25 Creek, in Warren County, practiced medicine --

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(518) 371-8910 1 OB/GYN -- in Glens Falls for a number of 2 years. And upon retirement -- actually, 3 before he retired, he took up tennis and has 4 been quite the tennis player. 5 For 16 years, Dr. Dan O'Keeffe 6 would travel to Texas with the Australian 7 great, Roy Emerson, and he spearheaded many 8 tennis tournaments in Glens Falls that were 9 held at the Glens Falls Tennis and Swim Club. 10 But recently Dr. Dan O'Keeffe has 11 participated in the National Senior Olympics. 12 Last year he won the New York State Senior 13 Olympic Title, and that qualified him to 14 attend the National Olympics that were held 15 this year, on July 3rd, in Louisville, 16 Kentucky. 17 Dr. Dan and his partner, Ed Gall, 18 defeated a team from Kentucky in the 19 semifinals and a team from Texas in the 20 finals, winning in 6-3, 6-4. 21 But what's even more important than 22 winning the gold medal -- although that is 23 very important -- is that we have a person 24 whose character and abilities and achievements 25 have really been recognized at this level.

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(518) 371-8910 1 And I also would add that he won in 2 the 85-to-90-year-old class, which I think is 3 pretty spectacular. 4 He serves as a wonderful example 5 for seniors and for all people in New York 6 State that when we retire, an active life, 7 with a little competition thrown in for spice, 8 can really serve us well and help us to be 9 better people, better citizens, and certainly 10 have a better quality of life. 11 So it's with a great deal of pride 12 that I recognize Dr. O'Keeffe today, who's 13 here with a friend, with his daughter-in-law 14 and with his grandson, who is following in his 15 grandfather's footsteps, in that he's going to 16 participate in the Iron Man competition this 17 weekend. 18 But we're all very proud of Dr. Dan 19 and the wonderful example that he sets. He's 20 been a great community member, a great 21 professional person, having been down here for 22 many years with the New York State Medical 23 Society, but here today to be honored for this 24 achievement. 25 And I would ask you all to join me

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(518) 371-8910 1 in recognizing Dr. Dan O'Keeffe, the winner of 2 the 2007 National Senior Olympics gold medal 3 for the 85-to-90-year class. 4 Thank you. 5 ACTING PRESIDENT SEWARD: Thank 6 you. 7 Senator Farley. 8 SENATOR FARLEY: Thank you, 9 Mr. President. 10 I also rise to salute Dr. O'Keeffe, 11 who comes from one of the most remarkable 12 Irish families. They're full of doctors, to 13 say the least. They are a remarkable family, 14 having come from North Creek. I was just 15 north of there, in Indian Lake, when I was 16 growing up. And I've read his book -- he's 17 also an author -- talking about a little bit 18 of heaven and so forth, right near -- I've 19 read the book. 20 He was a skier and an athlete even 21 as a young man. And I've seen him in his book 22 with pictures of a lot of young ladies and so 23 forth. So he had a lot of attributes that 24 were not only athletic but social. 25 Dr. O'Keeffe is a remarkable man

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(518) 371-8910 1 and comes from a remarkable family. And I 2 believe he was president of the New York State 3 Medical Society and has represented the 4 medical profession in Glens Falls and that 5 area in an outstanding way. 6 I also hear from him quite 7 frequently, as he spends his winters in 8 Sarasota, Florida. 9 And, Dr. O'Keeffe, we're so proud 10 of you. I just can't believe that at your 11 young age you're participating in the Olympics 12 and winning gold medals and so forth. You 13 O'Keeffes never cease to amaze. And it's 14 remarkable what you can accomplish. 15 And we're very, very proud of you, 16 and I'm very pleased to rise in support of 17 Senator Little's resolution. Congratulations 18 and best wishes to you and your remarkable 19 family. 20 ACTING PRESIDENT SEWARD: The 21 question is on the resolution. All those in 22 favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT SEWARD: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT SEWARD: The 3 resolution is adopted. 4 And on behalf of Senator Little and 5 all members of the State Senate, I'm delighted 6 to congratulate Dr. O'Keeffe on this very 7 important honor. 8 (Applause.) 9 ACTING PRESIDENT SEWARD: Senator 10 Skelos. 11 SENATOR SKELOS: Mr. President, 12 there will be an immediate meeting of the 13 Rules Committee in the Majority Conference 14 Room. 15 And if we could stand at ease. 16 ACTING PRESIDENT SEWARD: There 17 will be an immediate meeting of the Rules 18 Committee in the Majority Conference Room, 19 Room 332. 20 And the Senate stands at ease. 21 (Whereupon, the Senate stood at 22 ease at 2:43 p.m.) 23 (Whereupon, the Senate reconvened 24 at 3:05 p.m.) 25 ACTING PRESIDENT WRIGHT: Senator

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(518) 371-8910 1 Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could return to reports of standing 4 committees and take up the Finance Committee 5 report at this time. 6 ACTING PRESIDENT WRIGHT: Reports 7 of standing committees. 8 The Secretary will read. 9 THE SECRETARY: Senator O. 10 Johnson, from the Committee on Finance, 11 reports the following nominations. 12 As a member of the New York State 13 Olympic Regional Development Authority, Joseph 14 J. Martens, of Glenmont. 15 As a banking member of the State 16 Banking Board, Robert M. Fisher, of Owego. 17 As a member of the Palisades 18 Interstate Park Commission, Howard G. Seitz, 19 of Rye. 20 As members of the Advisory Council 21 on Alcoholism and Substance Abuse Services, 22 Frederick K. Reich, of Albany, and John 23 Tavolacci, of East Williston. 24 As members of the Advisory Council 25 to the Commission on Quality of Care and

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(518) 371-8910 1 Advocacy for Persons With Disabilities, Mary 2 Hope Derby, of Geneseo; Loretta Goff, of 3 Westbury; and Richard P. Johnson, of 4 Schenectady. 5 As a member of the Council on Human 6 Blood and Transfusion Services, Kathleen M. 7 Grima, M.D., of Rye. 8 As a member of the Mental Health 9 Services Council, John Kastan, Ph.D., of 10 New York City. 11 As a member of the Board of 12 Visitors of the New York State Home for 13 Veterans and Their Dependents at Batavia, 14 Barbara M. Green, of East Rochester. 15 As a member of the Board of 16 Visitors of the Bronx Psychiatric Center, 17 Yvonne E. Chappell, of the Bronx. 18 And as a member of the Western 19 New York Children's Psychiatric Center, Thomas 20 M. Dubay, of Springville. 21 ACTING PRESIDENT WRIGHT: Senator 22 Johnson. 23 SENATOR OWEN JOHNSON: Move the 24 nominations. 25 ACTING PRESIDENT WRIGHT: The

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(518) 371-8910 1 question is on the nominees as read by the 2 Secretary. All in favor signify by saying 3 aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT WRIGHT: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT WRIGHT: The 9 nominees are hereby confirmed. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could now go to the Rules report and 13 have it read at this time. 14 ACTING PRESIDENT WRIGHT: The 15 Secretary will read. 16 THE SECRETARY: Senator Bruno, 17 from the Committee on Rules, reports the 18 following bills. 19 Senate bills restored: 20 Senate Print 2887, by Senator 21 Maziarz, an act to amend the Labor Law; 22 4025A, by Senator DeFrancisco, an 23 act to amend the Family Court Act; 24 5506A, by Senator Flanagan, an act 25 to amend the Labor Law;

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(518) 371-8910 1 6378, by Senator Alesi, an act in 2 relation to redistributing; 3 6384, by Senator Golden, an act to 4 amend the Real Property Tax Law; 5 And Senate Print 6386, by Senator 6 Padavan, an act to amend the General City Law. 7 Senate bills reported: 8 Senate Print 5430A, by Senator 9 Maziarz, an act to amend the General Municipal 10 Law; 11 5735A, by Senator C. Johnson, an 12 act in relation to authorizing; 13 6095A, by Senator Maltese, an act 14 to amend the Election Law; 15 6393, by Senator Padavan, an act to 16 amend the Public Authorities Law; 17 6400, by the Senate Committee on 18 Rules, an act to amend the Real Property Tax 19 Law; 20 6406, by Senator Skelos, an act to 21 amend the Executive Law; 22 6414, by Senator Golden, an act to 23 amend the Penal Law; 24 6417, by Senator Bruno, an act to 25 amend the Real Property Tax Law;

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(518) 371-8910 1 6420, by the Senate Committee on 2 Rules, an act to authorize the City of 3 New York; 4 6422, by Senator Nozzolio, an act 5 to amend the Correction Law; 6 And Senate Print 6423, by Senator 7 Nozzolio, an act to amend the Correction Law. 8 All bills ordered direct to third 9 reading. 10 SENATOR SKELOS: Mr. President. 11 ACTING PRESIDENT WRIGHT: Senator 12 Skelos. 13 SENATOR SKELOS: Move to accept 14 the report of the Rules Committee. 15 ACTING PRESIDENT WRIGHT: All in 16 favor signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT WRIGHT: 19 Opposed, nay. 20 (Response of "Nay.") 21 ACTING PRESIDENT WRIGHT: The 22 report is accepted. 23 SENATOR SKELOS: Mr. President, 24 would you please recognize Senator Dilan. 25 ACTING PRESIDENT WRIGHT: Senator

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(518) 371-8910 1 Dilan. 2 SENATOR DILAN: Mr. President, at 3 this time we'd like to call for a Minority 4 conference in Room 315. 5 ACTING PRESIDENT WRIGHT: There 6 will be an immediate meeting of the Minority 7 conference in Room 315. 8 SENATOR SKELOS: And if we could 9 stand at ease. 10 ACTING PRESIDENT WRIGHT: The 11 Senate will stand at ease. 12 (Whereupon, the Senate stood at 13 ease at 3:10 p.m.) 14 (Whereupon, the Senate reconvened 15 at 3:48 p.m.) 16 ACTING PRESIDENT WRIGHT: Senator 17 Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could now take up Senate Calendar Number 20 66, noncontroversial. 21 ACTING PRESIDENT WRIGHT: The 22 Secretary will read. 23 THE SECRETARY: In relation to 24 Calendar Number 180, Senator Maziarz moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 6209 and substitute it 2 for the identical Senate Bill Number 2887, 3 Third Reading Calendar 180. 4 ACTING PRESIDENT WRIGHT: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 180, by Member of the Assembly John, Assembly 9 Print Number 6209, an act to amend the Labor 10 Law. 11 ACTING PRESIDENT WRIGHT: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT WRIGHT: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT WRIGHT: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 498, Senator DeFrancisco moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 6847B and substitute it 25 for the identical Senate Bill Number 4025A,

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(518) 371-8910 1 Third Reading Calendar 498. 2 ACTING PRESIDENT WRIGHT: The 3 substitution is ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 498, by Member of the Assembly Weinstein, 7 Assembly Print Number 6847B, an act to amend 8 the Family Court Act. 9 ACTING PRESIDENT WRIGHT: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WRIGHT: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT WRIGHT: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1854, Senator Flanagan moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 8582A and substitute it 23 for the identical Senate Bill Number 5506A, 24 Third Reading Calendar 1854. 25 ACTING PRESIDENT WRIGHT: The

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(518) 371-8910 1 substitution is so ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1854, by Member of the Assembly Alessi, 5 Assembly Print Number 8582A, an act to amend 6 the Labor Law and the General Municipal Law. 7 ACTING PRESIDENT WRIGHT: Read 8 the last section. 9 THE SECRETARY: Section 11. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT WRIGHT: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT WRIGHT: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 2072, Senator Alesi moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 7334A and substitute it 21 for the identical Senate Bill Number 6378, 22 Third Reading Calendar 2072. 23 ACTING PRESIDENT WRIGHT: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2072, by Member of the Assembly Hoyt, Assembly 3 Print Number 7334A, an act in relation to 4 redistributing 2006 bond volume allocations. 5 ACTING PRESIDENT WRIGHT: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WRIGHT: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT WRIGHT: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 2116, Senator Golden moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 9293 and substitute it 19 for the identical Senate Bill Number 6384, 20 Third Reading Calendar 2116. 21 ACTING PRESIDENT WRIGHT: The 22 substitution is so ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2116, by Member of the Assembly V. Lopez,

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(518) 371-8910 1 Assembly -- 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT WRIGHT: The 5 bill is laid aside. 6 THE SECRETARY: In relation to 7 Calendar Number 2117, Senator Padavan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 9304 and substitute it 10 for the identical Senate Bill Number 6386, 11 Third Reading Calendar 2117. 12 ACTING PRESIDENT WRIGHT: The 13 substitution is so ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2117, by Member of the Assembly Nolan, 17 Assembly Print Number 9304, an act to amend 18 the General City Law. 19 ACTING PRESIDENT WRIGHT: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the same date and in 23 the same manner as a chapter of the Laws of 24 2007. 25 ACTING PRESIDENT WRIGHT: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT WRIGHT: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2121, by Senator Maziarz, Senate Print 5430A, 8 an act to amend the General Municipal Law. 9 ACTING PRESIDENT WRIGHT: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WRIGHT: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT WRIGHT: Senator 17 Krueger, to explain her vote. 18 SENATOR LIZ KRUEGER: Thank you, 19 Mr. President. 20 Well, when we were last here a few 21 weeks ago we had a long debate about whether 22 or not we were reforming IDAs, whether we were 23 extending the bill, how long. And we didn't 24 resolve the bigger question of the need to 25 reform IDAs.

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(518) 371-8910 1 So I would argue that we shouldn't 2 be doing piecemeal new insertions into a bad 3 need-to-be-reformed IDA law. And this 4 concerns me particularly because it talks 5 about "residential facility" in the memo, but 6 then when you read the bill you learn that 7 you're talking about condominiums that an IDA 8 would be allowed to make tax-exempt and 9 authorized bonds for. And in fact, these 10 could be luxury housing. 11 And so I think that financing 12 housing developments, exempting them from 13 taxes and offering bonds is not something that 14 IDAs were intended for; it's what housing 15 agencies were intended for. 16 So I think this is a mistake as a 17 model and a mistake for us to continue to 18 fiddle with the IDA law without actually 19 reforming the IDA law. So I vote no. 20 Thank you, Mr. President. 21 ACTING PRESIDENT WRIGHT: Senator 22 L. Krueger will be recorded in the negative. 23 Senator Schneiderman, to explain 24 his vote. 25 SENATOR ONORATO: What bill are

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(518) 371-8910 1 we on? 2 ACTING PRESIDENT WRIGHT: Bill 3 Number 2121 -- excuse me, on the calendar -- 4 5430A, the bill number. Senator Maziarz is 5 the sponsor. 6 Announce the results. 7 Senator Oppenheimer. 8 SENATOR OPPENHEIMER: Can we just 9 have one moment, please. We seem to have a 10 confusion. 11 ACTING PRESIDENT WRIGHT: Senator 12 Duane. 13 SENATOR DUANE: Thank you, 14 Mr. President. 15 I just want to remind my 16 colleagues, particularly on this side of the 17 aisle, that the calendar that we're following 18 is the Number 66 calendar. If you like to use 19 the scorecard, this would be the one to use, 20 to follow. Unless things go out of order, 21 which may always happen. But things seem to 22 be going in order, so this would be the 23 official scorecard of the New York State 24 Senate and the New York Mets. 25 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT WRIGHT: Thank 2 you, Senator Duane. 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 2121 are 6 Senators Adams, Duane, Gonzalez, 7 Hassell-Thompson, L. Krueger, Montgomery, 8 Onorato, Oppenheimer, Perkins, Schneiderman, 9 Serrano, Stavisky and Stewart-Cousins. 10 Ayes, 47. Nays, 13. 11 ACTING PRESIDENT WRIGHT: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 2122, Senator C. Johnson moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 8462A and substitute it 17 for the identical Senate Bill Number 5735A, 18 Third Reading Calendar 2122. 19 ACTING PRESIDENT WRIGHT: The 20 substitution so ordered. 21 There is a home-rule message at the 22 desk. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2122, by Member of the Assembly Schimel,

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(518) 371-8910 1 Assembly Print Number 8462A, an act in 2 relation to authorizing. 3 ACTING PRESIDENT WRIGHT: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT WRIGHT: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT WRIGHT: The 12 bill is passed. 13 (Applause.) 14 ACTING PRESIDENT WRIGHT: 15 Congratulations, Senator. 16 The Secretary will read. 17 THE SECRETARY: In relation to 18 Calendar Number 2123, Senator Maltese moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 6997A and substitute it 21 for the identical Senate Bill Number 6095A, 22 Third Reading Calendar 2123. 23 ACTING PRESIDENT WRIGHT: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2123, by Member of the Assembly V. Lopez, 3 Assembly Print Number 6997A, an act to amend 4 the Election Law. 5 ACTING PRESIDENT WRIGHT: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT WRIGHT: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. Nays, 13 1. Senator Saland recorded in the negative. 14 ACTING PRESIDENT WRIGHT: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2124, by Senator Padavan, Senate Print 6393, 18 an act to amend the Public Authorities Law. 19 SENATOR DUANE: Lay it aside, 20 please. 21 ACTING PRESIDENT WRIGHT: The 22 bill is laid aside. 23 THE SECRETARY: In relation to 24 Calendar Number 2125, Senator Bruno moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 9305 and substitute it 2 for the identical Senate Bill Number 6400, 3 Third Reading Calendar 2125. 4 ACTING PRESIDENT WRIGHT: The 5 substitution is so ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2125, by Member of the Assembly V. Lopez, 9 Assembly Print Number 9305, an act to amend 10 the Real Property Tax Law. 11 ACTING PRESIDENT WRIGHT: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the same date and in 15 the same manner as a chapter of the Laws of 16 2007. 17 ACTING PRESIDENT WRIGHT: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. Nays, 21 2. Senators L. Krueger and Montgomery 22 recorded in the negative. 23 ACTING PRESIDENT WRIGHT: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2126, by Senator Skelos, Senate Print 6406, an 2 act to amend the Executive Law. 3 SENATOR DUANE: Lay it aside, 4 please. 5 ACTING PRESIDENT WRIGHT: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 2127, by Senator Golden, Senate Print 6414, an 9 act to amend the Penal Law and the Criminal 10 Procedure Law. 11 ACTING PRESIDENT WRIGHT: Read 12 the last section. 13 THE SECRETARY: Section 6. This 14 act shall take effect immediately. 15 ACTING PRESIDENT WRIGHT: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT WRIGHT: Senator 19 Schneiderman, to explain his vote. 20 SENATOR SCHNEIDERMAN: Yes, 21 ladies and gentlemen, I just want to make it 22 clear that this is another death penalty bill. 23 My colleagues largely on this side of the 24 aisle have voted against it in the past. 25 And for all of the same reasons

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(518) 371-8910 1 that we have voted against it in the past, we 2 are voting against it today. 3 Thank you. 4 ACTING PRESIDENT WRIGHT: Senator 5 Diaz. 6 SENATOR DIAZ: Yeah, 7 Mr. President, I just want to explain my vote. 8 And I'm voting against this bill 9 because I don't believe in the death penalty. 10 I believe that all life is sacred in all 11 stages, from conception to the end. So 12 therefore, I cannot support any bill that 13 takes away life. Life should be protected, 14 again at all stages. 15 So I'm voting against this bill. 16 ACTING PRESIDENT WRIGHT: Senator 17 Diaz will be recorded in the negative. 18 Senator Golden, to explain his 19 vote. 20 SENATOR GOLDEN: Thank you, 21 Mr. President. 22 I rise today and had hoped that 23 more of my colleagues would be voting for this 24 bill today, especially when we see the number 25 of police officers that have been killed.

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(518) 371-8910 1 There are an average of 165 police officers 2 killed in this country annually, and a number 3 of over 500 are gunned down, shot here in this 4 nation. And here we see, here in this city, 5 five killed in this past year, 10 since 6 November 5th of 2005. 7 We need to be able to give the 8 police department and to give this state the 9 tools it needs to stop the killing of officers 10 and state troopers here in the State of 11 New York. We've seen time after time -- in 12 Trooper Sperr, in their testimony, where the 13 testimony went back and forth and said: Hey, 14 you do a little time or a lot of time. They 15 can't kill you; there's no death penalty. And 16 then they went and killed Trooper Sperr. 17 And we see the same thing of 18 recent -- this past week, for three 19 individuals gunned down, two New York City 20 police officers, killing one of them. They 21 had nothing to lose. They were going back to 22 jail. Nothing to face, nothing to worry 23 about. The only way that they thought that 24 they would get away was by killing that 25 officer, because they knew that they wouldn't

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(518) 371-8910 1 get a death penalty, that they would go to 2 jail. Maybe a little time, maybe a lot of 3 time. 4 But those murders of those police 5 officers and those state troopers across this 6 state will continue unless we give them a 7 death penalty so that those individuals that 8 commit those crimes understand that they will 9 pay for their actions. 10 I can only pray that somewhere in 11 the near future that the State of New York 12 does recognize the importance of that 13 legislation and does give the tools and we 14 don't see a David Brinkerhoff, a Thomas 15 Lindsey, a Joseph Corr, an Anthony Longobardo, 16 an Anthony Sperr, a Eugene Marshalik, a 17 Nicholas Pekearo, a Daniel Enchautegui, and a 18 Dillon Stewart, all killed in the past two 19 years. How many more lives, how many more 20 mothers, fathers, how many more funerals do we 21 have to go to? 22 I hope that my colleagues in this 23 conference and in this State Senate will see 24 the value in voting this bill, and so does the 25 Assembly and the Governor, signing a piece of

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(518) 371-8910 1 legislation that gives the tools to the State 2 of New York to stop this open season on police 3 officers. Thirty-nine killed across this 4 nation so far this year by gunshot. 5 Thank you, Mr. President. I vote 6 yes. 7 ACTING PRESIDENT WRIGHT: Senator 8 Golden will be recorded in the affirmative. 9 Senator Volker, to explain his 10 vote. 11 SENATOR VOLKER: Mr. President, 12 very quickly, I just want to say that what a 13 tragedy it is that officer Russel Timoshenko 14 was shot twice in the head. 15 Fortunately, Officer Herman Yan 16 took a bullet in the arm and in the chest with 17 a vest; otherwise, he would have been the 18 other one murdered at the same time. 19 But I have to make a comment on a 20 newspaper -- and I would really like Fred 21 Dicker to have a talk with whoever the 22 numbnuts are, if you'll excuse me, from the 23 New York Post. Their editorial says: "In 24 recent years, Albany has rolled back the tough 25 Rockefeller Drug Laws" -- well, we've rolled

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(518) 371-8910 1 them back somewhat. And then it says, "The 2 court essentially threw out the death penalty, 3 which was supposedly restored in the 4 mid-90s" -- it wasn't supposedly, it was -- 5 "on technical grounds, and the lawmakers have 6 seen no reason to fix it." 7 Well, I have a message for those 8 people. Where have they been? This is the 9 fourth time this year -- third time 10 technically, fourth time that we've passed a 11 bill -- that changes that provision. It's a 12 little deadlock provision. And what 13 infuriates me is there's little question it 14 was a way that some Court of Appeals judges 15 didn't have the guts to stand up and allow the 16 death penalty to move forward. 17 This bill does that. The Assembly, 18 I am convinced, will eventually do this bill. 19 And they should. All the nonsense aside, all 20 the stuff about, well, we don't know whether 21 it deters. Of course it deters. It always 22 has. The issue is do we have the courage to 23 stand up and enact it. 24 I read some of the stuff that was 25 in the New Yorkers Against the Death Penalty.

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(518) 371-8910 1 Years ago, by the way, my staff went after 2 some of the stuff, and we got some really 3 funny information, that it costs. That's 4 nonsense. Of course it doesn't cost more. So 5 much of the nonsense that's on -- the 6 New Jersey Commission on the Death Penalty, 7 that's just because New Jersey has gotten 8 liberal. The murder rate went down, and they 9 don't want to do any executions because 10 they're afraid. Jeb Bush lost his nerve in 11 Florida; fine. 12 But cops are still getting killed. 13 They're getting killed in this state and 14 they're getting killed in some other states. 15 But right now we are responsible for this 16 state. I don't want to see any more police 17 officers gunned down in these kinds of 18 situations. That's why I'm voting aye. 19 And I'm hoping that everyone in 20 this chamber understands that this will become 21 law before this year is out, because I don't 22 believe the Assembly is going to allow this 23 carnage to continue. 24 ACTING PRESIDENT WRIGHT: Senator 25 Volker will be recorded in the affirmative.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 2127 are 4 Senators Adams, Breslin, Connor, Diaz, Dilan, 5 Duane, Gonzalez, Hassell-Thompson, Huntley, 6 L. Krueger, Montgomery, Oppenheimer, Parker, 7 Perkins, Sabini, Sampson, Savino, 8 Schneiderman, Serrano, Smith, Stavisky, 9 Stewart-Cousins, Thompson and Valesky. 10 Ayes, 36. Nays, 24. 11 ACTING PRESIDENT WRIGHT: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2128, by Senator Bruno, Senate Print 6417, an 15 act to amend the Real Property Tax Law and the 16 Tax Law. 17 ACTING PRESIDENT WRIGHT: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WRIGHT: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 2128 are

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(518) 371-8910 1 Senators Adams, Duane, Huntley, L. Krueger, 2 Parker, Perkins, Sabini and Schneiderman. 3 Ayes, 52. Nays, 8. 4 ACTING PRESIDENT WRIGHT: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2129, by the Senate Committee on Rules, Senate 8 Print 6420, an act to authorize the City of 9 New York. 10 ACTING PRESIDENT WRIGHT: Read 11 the last section. 12 SENATOR SKELOS: Lay it aside, 13 please. 14 ACTING PRESIDENT WRIGHT: The 15 bill is laid aside. 16 Senator Skelos, that completes the 17 reading of the noncontroversial calendar. 18 SENATOR SKELOS: Thank you, 19 Mr. President. If we could go to the 20 controversial reading at this time. 21 ACTING PRESIDENT WRIGHT: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 2116, substituted earlier today by Member of 25 the Assembly V. Lopez, Assembly Print Number

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(518) 371-8910 1 9293, an act to amend the Real Property Tax 2 Law. 3 SENATOR DUANE: Explanation. 4 ACTING PRESIDENT WRIGHT: Senator 5 Golden, Senator Duane has requested an 6 explanation. 7 SENATOR GOLDEN: Thank you, 8 Mr. President. 9 This does some technical 10 corrections as well as changes some language. 11 It fixes a wrong reference in the definition 12 of "affordable units" as well as referring to 13 how long the units must remain affordable, 14 moving up from 30 years to 40 years. 15 It also creates a new requirement 16 for units built with substantial government 17 assistance. It defines that 20 percent on 18 initial and subsequent rental be available to 19 individuals with 80 percent of the median area 20 income, which is about $56,000 for a family of 21 four. And it's 50 percent of the units which 22 qualify for benefits must be available to 23 individuals at 60 percent of the area median 24 income, which is about $42,000 AMI. 25 And that the floor area should be

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(518) 371-8910 1 20 percent of the total area, the dwellings, 2 so they can't diminish the size of the 3 affordable units, that the affordable units 4 have to be at least 20 percent in size. 5 It also corrects technical issues 6 and assures that residents on the community 7 board have access to the development on 8 initial occupancy. It does some corrections 9 in spelling. 10 It deals with the Atlantic Yards in 11 correcting some 2500 -- spells out 2500. It 12 corrects a reference in a paragraph to 13 paragraph of subdivision and allows for the 14 averaging of incomes of individuals and 15 families to occupy their premises at a time of 16 initial occupancy, at 70 percent from 17 60 percent of the area median income. And it 18 adds a correction for Silvercup, which was a 19 preexisting deal that was made with the City 20 of New York. 21 It makes the units more flexible 22 and the Ratner deal more diversified. It also 23 underlines the economic conditions of the 24 project and allows this project to go forward 25 by averaging those units at 70 percent.

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(518) 371-8910 1 ACTING PRESIDENT WRIGHT: Thank 2 you, Senator Golden. 3 I would remind the members that we 4 are in the controversial reading of the 5 calendar and direct that the bells be rung. 6 Senator Duane. 7 SENATOR DUANE: Thank you, 8 Mr. President. If the sponsor would yield, 9 please. 10 ACTING PRESIDENT WRIGHT: Senator 11 Golden, would you yield to a question? 12 SENATOR GOLDEN: I do. 13 ACTING PRESIDENT WRIGHT: Senator 14 Golden yields. 15 Senator Duane. 16 SENATOR DUANE: Thank you, 17 Mr. President. 18 In this amendment, what is the 19 process by which the exclusionary areas could 20 be compressed -- you know, retracted, made 21 less? 22 SENATOR GOLDEN: Mr. President, 23 there is no discussion in this correction on 24 exclusionary zones. 25 ACTING PRESIDENT WRIGHT: Senator

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(518) 371-8910 1 Duane. 2 SENATOR DUANE: Thank you. 3 Through you, Mr. President, if the sponsor 4 would continue to yield. 5 ACTING PRESIDENT WRIGHT: Senator 6 Golden, will you continue to yield? 7 SENATOR GOLDEN: I do indeed. 8 ACTING PRESIDENT WRIGHT: Senator 9 Duane. 10 SENATOR DUANE: Is there even a 11 process by which the exclusionary zones could 12 be expanded in this bill? 13 SENATOR GOLDEN: This, 14 Mr. President, would be up to the City of 15 New York. 16 The only area that I -- the 17 Silvercup issue was in the exclusionary zone. 18 It was removed from the exclusionary zone. 19 That's the only area that I know of where the 20 exclusionary zone has played a role here in 21 this legislation. 22 ACTING PRESIDENT WRIGHT: Thank 23 you, Senator Golden. 24 I would remind the members that we 25 are in the midst of a debate and ask that the

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(518) 371-8910 1 conversations be taken outside the chambers. 2 Senator Duane. 3 SENATOR DUANE: Through you, 4 Mr. President, if the sponsor would continue 5 to yield. 6 ACTING PRESIDENT WRIGHT: Will 7 the sponsor continue to yield? 8 SENATOR GOLDEN: I do, 9 Mr. President. 10 ACTING PRESIDENT WRIGHT: Senator 11 Golden will. 12 Senator Duane. 13 SENATOR DUANE: So there is a 14 process by which the exclusionary zones could 15 be expanded but not retracted, shrunk, 16 diminished? 17 ACTING PRESIDENT WRIGHT: Senator 18 Golden. 19 SENATOR GOLDEN: Mr. President, 20 this is technical corrections. That is not in 21 this technical correction. That is in the 22 original bill. I'd rather we discussed what's 23 in these chapter amendments. That's already 24 been discussed, that bill. It's been passed. 25 And these are technical corrections and some

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(518) 371-8910 1 language changes to that bill. 2 ACTING PRESIDENT WRIGHT: Senator 3 Duane. 4 SENATOR DUANE: Through you, 5 Mr. President, I just -- I'd like to make 6 clear that we are on 2116. Is that correct, 7 Mr. President? 8 ACTING PRESIDENT WRIGHT: That is 9 correct. 10 SENATOR DUANE: Thank you, 11 Mr. President. And through you, if the 12 sponsor would continue to yield. 13 ACTING PRESIDENT WRIGHT: Senator 14 Golden, will you continue to yield? 15 SENATOR GOLDEN: I do indeed, 16 Mr. President. 17 ACTING PRESIDENT WRIGHT: Senator 18 Duane. 19 SENATOR DUANE: In the Atlantic 20 Yards area of this, what is the impact of the 21 affordable housing, the location and the 22 actual income requirements for the affordable 23 housing? 24 SENATOR GOLDEN: It goes to -- 25 the project at the Atlantic Yards, this allows

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(518) 371-8910 1 for more units to be diversified and more 2 flexible, for allowing for more affordable 3 units in the present structure that we have 4 here in the correction. There will be the 5 same number of units -- 20 percent of the 6 units will be low-income units at that site. 7 ACTING PRESIDENT WRIGHT: Senator 8 Duane. 9 SENATOR DUANE: Through you, 10 Mr. President, if the sponsor would continue 11 to yield. 12 ACTING PRESIDENT WRIGHT: Senator 13 Golden, will you continue to yield? 14 SENATOR GOLDEN: I do indeed, 15 Mr. President. 16 ACTING PRESIDENT WRIGHT: Senator 17 Duane. 18 SENATOR DUANE: Under the bill 19 that we passed previously, 20 percent of the 20 units had to be affordable, and in each 21 building. 22 And in this bill, 20 percent of the 23 units need to be affordable, but they don't 24 have to be in the buildings -- each building 25 20 percent affordable, they could be all put

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(518) 371-8910 1 together in one building just anywhere on the 2 site. Is that correct? 3 SENATOR GOLDEN: That is correct, 4 Mr. President. This is a process that was 5 started long before we got involved with the 6 legislation this past three weeks ago and of 7 course in this correction here today. 8 ACTING PRESIDENT WRIGHT: Senator 9 Duane. 10 SENATOR DUANE: Thank you, 11 Mr. President. 12 ACTING PRESIDENT WRIGHT: Thank 13 you, Senator. 14 Senator Liz Krueger. 15 SENATOR LIZ KRUEGER: Thank you. 16 If the sponsor would please yield. 17 ACTING PRESIDENT WRIGHT: Does 18 the sponsor yield? 19 SENATOR GOLDEN: I do indeed, 20 sir. 21 ACTING PRESIDENT WRIGHT: The 22 sponsor yields. 23 Senator Krueger. 24 SENATOR LIZ KRUEGER: So in 25 follow-up to my colleague Senator Duane's

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(518) 371-8910 1 questions around Section 6, paragraph 13 of 2 your bill -- and as you stated, it involves 3 the Atlantic Yards development project and 4 special rules for that project -- what is the 5 estimated new cost in lost tax revenue from 6 paragraph 13 of Section 6 in this bill? 7 SENATOR GOLDEN: Mr. President, 8 that has not been worked out with the city. I 9 have no idea. 10 ACTING PRESIDENT WRIGHT: Senator 11 Krueger. 12 SENATOR LIZ KRUEGER: Thank you, 13 Mr. President. On the bill. 14 ACTING PRESIDENT WRIGHT: On the 15 bill, Senator Krueger. 16 SENATOR LIZ KRUEGER: It's 17 interesting that it hasn't been worked out by 18 the city, since the city has been publicly 19 saying they really don't want this and have 20 been discussing the desire to have the bill 21 vetoed. And the city's own statements are 22 that this section of this chapter amendment 23 could cost the city as much as $300 million in 24 lost tax revenue. 25 And this is a special carve-out

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(518) 371-8910 1 from all the rest of 421-a rules for one 2 specific housing development in downtown 3 Brooklyn. It does allow a different formula 4 for affordability. It does allow higher rents 5 to be charged. It does allow what calculates 6 to about 40 percent of income to be charged as 7 rent in the affordable units, as opposed to a 8 30 percent of income maximum. 9 It does allow the developer to do a 10 different kind of housing in a different 11 layout and setup in perhaps only one building 12 in the entire project instead of 20 percent 13 on-site in each building, is as required in 14 the rest of the 421-a bill that the Senator 15 sponsored and this house passed, with my 16 objection, several weeks ago. 17 This is a bad chapter amendment. 18 It's not just technical amendments. It 19 dramatically changes how 421-a would be 20 applied in the City of New York. It would 21 dramatically increase the costs of the 421-a 22 program for the people of New York City. 23 Again, this is New York City taxes that we are 24 deciding somebody doesn't have to pay. 25 I think we have a serious duty to

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(518) 371-8910 1 make sure that it's the kind of legislation 2 the people of the City of New York actually 3 want to have passed. And if we're going to 4 give away another $300 million of their tax 5 dollars, somebody should check with them. 6 I object to this as a chapter 7 amendment, and I'll be voting no and urging my 8 colleagues to. 9 Thank you, Mr. President. 10 ACTING PRESIDENT WRIGHT: Thank 11 you, Senator Krueger. 12 Senator Schneiderman. 13 SENATOR SCHNEIDERMAN: Thank you, 14 Mr. President. If the sponsor would yield for 15 a question. 16 SENATOR GOLDEN: Yes, 17 Mr. President. 18 ACTING PRESIDENT WRIGHT: The 19 sponsor yields. 20 Senator Schneiderman. 21 SENATOR SCHNEIDERMAN: In your 22 colloquy with Senator Duane you already 23 clarified the fact that this would allow for a 24 very large project to have the affordable 25 units in a separate, isolated building. Is

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(518) 371-8910 1 there any requirement in this legislation that 2 the units that would be designated for 3 affordable housing be of the same quality of 4 construction as the rest of the project? 5 SENATOR GOLDEN: Mr. President, 6 on two issues. (A) the city is not against 7 these chapter amendments, number one. The 8 bill that the city was opposed to is the 9 original bill, not opposed to these chapter 10 amendments. 11 It states in the bill that the 12 floor area of the affordable units must be no 13 less than 20 percent of the total area of the 14 dwelling units. 15 SENATOR SCHNEIDERMAN: Thank you. 16 Through you, Mr. President. 17 ACTING PRESIDENT WRIGHT: Senator 18 Schneiderman. 19 SENATOR SCHNEIDERMAN: But my 20 question is, is there any requirement in this 21 bill that it be the same quality? I 22 understand that it's 20 percent. But is that 23 20 percent required to be the same quality as 24 the rest of the project? 25 SENATOR GOLDEN: I don't believe

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(518) 371-8910 1 that the developer would do buildings with 2 lesser quality for one group versus better 3 quality for another group. I don't believe 4 that that is something that would be done by 5 any developer in the City of New York that is 6 getting tax credits by the City of New York to 7 proceed to build affordable units, low-income 8 units, as well as a project that not only 9 works the developer but works for the city and 10 for the community as a whole. 11 This is a good project. It's a 12 project that works. It will bring affordable 13 units, it will bring jobs. It will be a great 14 asset not only to the borough of Brooklyn and 15 to that community but to the city and the 16 state of New York as well. 17 ACTING PRESIDENT WRIGHT: Senator 18 Schneiderman. 19 SENATOR SCHNEIDERMAN: Through 20 you, Mr. President, I appreciate the fact that 21 you don't believe real estate developers would 22 build shoddy housing. Interesting, but I'm 23 not going to debate that now; the hour is 24 late. 25 Other than your belief, though, is

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(518) 371-8910 1 there anything in this bill that requires the 2 affordable housing units be the same quality 3 of construction in any respect as the luxury 4 units that would be developed? 5 SENATOR GOLDEN: It will have to 6 be approved, Mr. President, according to the 7 city code. The city will come in and inspect, 8 and it will have to pass code by the City of 9 New York. 10 SENATOR SCHNEIDERMAN: Thank the 11 sponsor for his answers. 12 Mr. President, briefly on the bill. 13 ACTING PRESIDENT WRIGHT: Senator 14 Schneiderman, on the bill. 15 SENATOR SCHNEIDERMAN: I did 16 support the earlier bill because of the 17 expansion of the exclusionary zones. I have 18 to say, though, that this particular 19 provision, which we do not have to pass in 20 order for the other provisions that we passed 21 earlier to become law, raises serious 22 questions. 23 I just think it is very bad public 24 policy for us to create an affordable housing 25 program that permits the segregation of the

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(518) 371-8910 1 affordable housing in such a large development 2 and has no requirement that housing for poor 3 people, for working families be of the same 4 quality. 5 I mean, this sets up a situation 6 that really, you know, I don't know what 7 developers Senator Golden hangs out with, but 8 for people whose goal is to maximize their 9 profits -- fair enough; if I buy stock in a 10 development company, I want them to maximize 11 profit. But this gives them an incentive to 12 maximize their profits by building the most 13 minimal facilities that would meet the housing 14 code and separate them as much as possible 15 from the luxury housing. 16 I think that's bad public policy. 17 I don't think that's the kind of housing 18 policy we should be enacting in this house. 19 I'm going to be voting no. 20 Thank you, Mr. President. 21 ACTING PRESIDENT WRIGHT: Senator 22 Montgomery. 23 SENATOR MONTGOMERY: Yes, 24 Mr. President. I'm also going to be voting no 25 on this legislation.

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(518) 371-8910 1 And I would just remind my 2 colleagues that this legislation is 3 specifically to provide some relief, if you 4 will, to a developer who is developing a 5 project in my district that represents the 6 densest possible development in the whole 7 country, in one small location. 8 And this is a development that has 9 already received hundreds of millions of 10 dollars in public subsidy. It was a 11 development that was billed and that got some 12 community support based on a promise that they 13 would provide a percent of the residential 14 development to people who live actually in the 15 area that it would be affordable housing. And 16 so a lot of the support came because of that. 17 Now here we are, in the State 18 Legislature, passing legislation to give 19 further assistance. This is a project that is 20 going to reap, we just found out fairly 21 recently, after we FOILed the original plans 22 for this -- we had to actually go to court to 23 get the information. We now know, the Mayor 24 now knows -- or at least he now admits -- that 25 this project is going to reap a 50 percent or

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(518) 371-8910 1 more profit. 2 So -- and we are -- we have already 3 subsidized it, we continue to subsidize it. 4 The property part of -- the city-owned 5 property was leased to this project for $1, on 6 which he intends to build a stadium and an 7 arena. 8 And so here we are now, releasing 9 this project from one of its basic promises, 10 and that is that he would provide affordable 11 housing on-site. It was not to be off-site, 12 it was to be within the context of the 13 residential development. 14 This residential development, by 15 the way, once it's completed, will wipe out my 16 district and it will wipe out a City Council 17 district and it will wipe out an Assembly 18 district as a majority/minority district. 19 Three districts gone because of this 20 development. And here we are today giving one 21 more benefit to this same developer. 22 Now, I ask you, Mr. President, how 23 far will we go to -- we already have cases 24 pending still against this development because 25 of the use of eminent domain, where we're

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(518) 371-8910 1 taking people's property to give to a 2 developer who is going to reap a 50 percent 3 return on his investment, a 50 percent profit. 4 And that's being supported by us, the state, 5 in terms of the eminent domain procedures. 6 And so now today here we are, once 7 again, giving him more relief. How far are we 8 going to go with this project? What does this 9 project mean to so many people that we will 10 give him every single possible relief, 11 including letting him out of his promise that 12 he was going to provide affordable housing? 13 So I'm adamantly opposed to this. 14 This we should not be doing. And so, 15 Mr. President, I ask my colleagues to join me 16 in rejecting this process. Enough is enough. 17 Thank you. 18 ACTING PRESIDENT WRIGHT: Thank 19 you, Senator. 20 Any other Senator wishing to be 21 heard? Debate is closed. 22 Senator Perkins. 23 SENATOR PERKINS: Thank you, 24 Mr. President. 25 I just want to say I'm also going

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(518) 371-8910 1 to have to oppose this. I think that 2 segregated housing is not the way for us to 3 go, particularly when there's been an effort 4 to create benefits for the developer with the 5 negotiation with the community that would be 6 inclusive. 7 And what we have here is a 8 situation in which all the housing is on the 9 same site, but there are those who are 10 well-off who will be on one part of the site 11 and those less well-off, with lower incomes, 12 on other part of the site. 13 And it's counter to one's 14 intelligence to suggest that they'll be 15 treated equally. The history of segregation 16 and separation of this type assures us that 17 the lower-income families will be receiving 18 lower attention and benefits and their housing 19 conditions will be inferior. And I think that 20 this is going to be a bad precedent that if we 21 allow it to happen here, it will happen time 22 and time again. 23 And I don't think that this city or 24 this state wants to go back to the days of 25 that type of segregation. And not to mention

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(518) 371-8910 1 the fact that there appears to be a hidden 2 benefit of $300 million to the developer that 3 has already caused a hue and cry when it was 4 first passed by the Assembly before we went 5 into recess. And on which I have already 6 received communications from advocates, even 7 supporters of the project, who felt that that 8 unintended benefit was not something that they 9 would want to support. 10 So for those reasons I'm going to 11 be voting against this bill. Thank you. 12 ACTING PRESIDENT WRIGHT: Let's 13 try again. Any Senator wishing to be heard? 14 Debate is closed. The Secretary 15 will ring the bell. 16 Read the last section. 17 THE SECRETARY: Section 8. This 18 act shall take effect on the same date and in 19 the same manner as a chapter of the Laws of 20 2007. 21 ACTING PRESIDENT WRIGHT: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT WRIGHT: Senator 25 Golden, to explain his vote.

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(518) 371-8910 1 SENATOR GOLDEN: Thank you, 2 Mr. President. 3 Again, I rise to vote aye on this 4 bill. I must point out that on the original 5 bill, there were only two nay votes and 6 everybody else voted yes. And for all of the 7 bills that they said they wouldn't vote for 8 this type of housing, each one of my 9 colleagues voted for, this last year, a very 10 similar bill. 11 This allows for more affordable 12 units than less. This is more low-income 13 housing being built at that site, not less. 14 And it's being built at the site, not off of 15 the site. So this is a good piece of 16 legislation. 17 And that the City of New York is 18 heavily involved in this property, and the 19 Building Department and City Planning will be 20 fully involved in this property. And they 21 will make sure that this project is built to 22 the codes of the City of New York, which will 23 be good construction, good housing units for 24 the future, good commercial property as well 25 that surrounds for jobs and jobs for the

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(518) 371-8910 1 neighborhood for the future. So this is an 2 overall good, comprehensive bill. 3 Could we have done better? Yes. 4 But right now this is the bill that's before 5 us. And these are technical corrections. 6 And I thank my colleagues for 7 voting for this bill. This will allow again 8 for more affordable units being built in the 9 City of New York. I vote aye. 10 Thank you, Mr. President. 11 ACTING PRESIDENT WRIGHT: Senator 12 Golden will be recorded in the affirmative. 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 2116 are 16 Senators Adams, Breslin, Connor, Duane, 17 Hassell-Thompson, Huntley, L. Krueger, 18 Montgomery, Padavan, Perkins, Schneiderman and 19 Serrano. 20 Ayes, 48. Nays, 12. 21 ACTING PRESIDENT WRIGHT: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 2124, by Senator Padavan, Senate Print 6393, 25 an act to amend the Public Authorities Law.

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(518) 371-8910 1 SENATOR SABINI: Explanation. 2 ACTING PRESIDENT WRIGHT: Senator 3 Padavan. 4 SENATOR PADAVAN: Thank you, 5 Mr. President. 6 As we all know, several years ago 7 we adopted a very aggressive capital 8 construction plan in the City of New York, 9 $13 billion, a five-year plan, to build more 10 schools, acquire property to increase the 11 number of classrooms and related facilities. 12 Last year we dealt with our budget 13 in a very productive way by adding 14 $700 million over the prior year, a good 15 portion of which was earmarked for class-size 16 reduction. 17 Now, to achieve those objectives of 18 dealing with overcrowding and reducing class 19 sizes, the School Construction Authority of 20 the Department of Education have been 21 aggressively building schools, acquiring 22 property, renovating classrooms to add 23 classrooms. That is of course a very positive 24 thing which I'm sure you would all agree with 25 and all of you, as I recall, supported.

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(518) 371-8910 1 Now, in addition to providing more 2 classrooms and reducing class size, we have to 3 make sure -- and the Department of Education 4 has certainly carried that responsibility -- 5 that these schools are safe environmentally 6 speaking, that they're not in any way, shape 7 or form buildings that would have an 8 environment that would be injurious to the 9 health and welfare of the children in them. 10 Since mayoral control, the School 11 Construction Authority has implemented a 12 two-phase environmental study of every 13 acquired piece of property under a leasing 14 program. And as you see in the bill, Phase 1 15 and Phase 2, if required, deal under national 16 standards with the issue of environmental 17 safety in a new-lease building. 18 That has worked well. However, 19 it's not in law. And we can't be sure that 20 future administrations would follow the same 21 procedure. So what this bill does, it takes a 22 current process and puts it in this law. 23 Now, in addition to that, we want 24 to make sure that if there is a problem, a 25 need for remediation, that there's public

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(518) 371-8910 1 awareness in the school district of what that 2 problem might be and what's being done about 3 it. And so we have given the responsibility 4 to the Community Education Councils, which 5 again, you may recall, we created soon after 6 having given the mayor control of the 7 educational system of the City of New York. 8 They are part of the system, yet 9 independent within it. And under this 10 legislation, they would have the 11 responsibility, should remediation be required 12 at a given site in a leased building, to have 13 public hearings, to render their analysis, to 14 advocate. And I have a great deal of faith in 15 them, since they are, number one, the parents 16 of the children in the school district in 17 question, and certainly their diligence, due 18 diligence would be above reproach in terms of 19 motivation. 20 So those are the elements in the 21 bill. One that statutizes a process that's 22 working well in terms of dealing with the 23 environmental issues at lease sites, and the 24 other expanding what is currently in effect, 25 allowing Community Education Councils --

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(518) 371-8910 1 requiring, mandating that they be involved via 2 public hearings and other means to make sure 3 whatever the problem might be, whatever the 4 remediation will be is not only acceptable, 5 desirable, but effective. 6 That is the bill, Mr. President. 7 ACTING PRESIDENT WRIGHT: Senator 8 Sabini, why do you rise? 9 SENATOR SABINI: Mr. President, 10 if the sponsor would yield for a question. 11 ACTING PRESIDENT WRIGHT: Senator 12 Padavan, will you yield for a question? 13 SENATOR PADAVAN: Yes, I will. 14 ACTING PRESIDENT WRIGHT: Senator 15 Sabini. 16 SENATOR SABINI: Through you, 17 Mr. President, the sponsor knows that during 18 my time as chair of the City Council committee 19 that sited schools, we did a number of 20 successful projects, including one of the 21 best, I believe is the Creedmoor campus -- 22 SENATOR PADAVAN: I'm sorry, I 23 didn't understand what you just said. Would 24 you repeat that? 25 SENATOR SABINI: I said during my

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(518) 371-8910 1 time as chair of the City Council committee 2 that sited schools, we had a number of success 3 stories, including the Creedmoor campus in 4 your district, which I think is a model 5 nationwide -- 6 SENATOR PADAVAN: Thank you very 7 much. 8 SENATOR SABINI: -- for what a 9 siting should be. 10 But I'm concerned, why is your bill 11 not including the protections offered in the 12 Assembly bill, which would require a SEQRA 13 review, environmental review, and put the 14 leasing in part of the ULURP process that 15 other city projects are required to go, even 16 leased city projects? 17 SENATOR PADAVAN: Well, first, 18 there is a major difference between property 19 the city acquires -- and you gave an example 20 the land on the grounds of Creedmoor, we were 21 able to, with legislation, transfer it to the 22 City of New York. They owned it. They're 23 stuck with it. They must do whatever is 24 required to make it safe, environmentally and 25 otherwise.

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(518) 371-8910 1 Now, when you're leasing buildings, 2 keep in mind most of them were former 3 commercial buildings. People worked in them, 4 things went on in those buildings. And 5 someone is sitting there with a lease in the 6 City of New York where property today, as you 7 know, particularly commercial property, is up 8 through the ceiling. They're not going to sit 9 there indefinitely holding onto that property 10 for a process that's taking longer than it 11 should. 12 Now, this does provide for a 13 two-step environmental process, one that is 14 nationally recognized and has been in effect 15 for leasing property in the City of New York 16 for a number of years. It just didn't happen 17 this year or last year, but it's gone on for a 18 number of years, and it's working well. 19 Now, we do feel, however, that 20 there should be public awareness of what's 21 going on. And from my point of view, the 22 people the closest to the education of our 23 children, with the most at stake and with the 24 greatest sense of responsibility, are the 25 parents who are members of the Community

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(518) 371-8910 1 Education Council. 2 And that's why we added this part 3 of this, that element to this legislation, 4 ensuring the fact that whatever happens, 5 whatever is found, whatever is determined to 6 be necessary would be publicly -- would be 7 made a public process where everyone could get 8 involved. Including local city councilmen, if 9 they chose to. 10 And as you know, Senator, the State 11 Department of Environmental Conservation has 12 an overriding responsibility which exists 13 today to ensure that whatever this process is, 14 and it's working well, continues to work well. 15 So that's another level on top of what the 16 law -- this bill would provide in law and what 17 is currently going on in fact. 18 And I might add, in addition, 19 obviously the City Council, which allocates 20 the individual appropriations within their 21 budget for school buildings, would have 22 whatever prerogatives that particular 23 budgetary process provides. 24 So I think, all in all, we have a 25 good system that would work, can continue to

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(518) 371-8910 1 work, public awareness that's there. And 2 while I have no problem with the City Council, 3 I do believe that there have been occasions 4 where the siting of school buildings and the 5 acquiring of sites have been somewhat 6 politicized. 7 ACTING PRESIDENT WRIGHT: Senator 8 Sabini. 9 SENATOR SABINI: Mr. President, 10 if the sponsor would continue to yield. 11 ACTING PRESIDENT WRIGHT: Senator 12 Padavan, will you continue to yield? 13 SENATOR PADAVAN: Yes. 14 ACTING PRESIDENT WRIGHT: Yes, he 15 will. Proceed. 16 SENATOR SABINI: Can you tell us 17 how many of those times that has happened? 18 Because during the time I was chair and the 19 Senator Perkins was on the committee, Senator 20 Duane was on the committee, I can't recall 21 one. 22 Now, I do know there was a site in 23 the Bronx that's been controversial. But can 24 you tell me how many have been politicized, in 25 your opinion?

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(518) 371-8910 1 SENATOR PADAVAN: Well, Senator, 2 I really can't give you a number. But 3 whatever the number may be, it's one too many. 4 But again, I get back to the basic 5 thrust of this bill. I don't know if you were 6 here when we created the Community Education 7 Councils; I don't recall your tenure. But we 8 felt then, and we feel now, they are the ones 9 who we count on to make sure that in every 10 school district that our children are getting 11 the best education that we could possibly 12 provide, and that anything that goes on in 13 that district is done properly. 14 They are, for the first time, by 15 virtue of this bill, in the process. Now, if 16 you have a problem with that, I don't quite 17 follow it. But to me, I believe parents whose 18 children would be directly affected have the 19 most at stake and therefore have the greatest 20 responsibility in this matter. 21 ACTING PRESIDENT WRIGHT: Senator 22 Sabini. 23 SENATOR SABINI: Mr. President, 24 through you, if the sponsor would continue to 25 yield.

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(518) 371-8910 1 ACTING PRESIDENT WRIGHT: Senator 2 Padavan, will you continue to yield? 3 SENATOR PADAVAN: Yes. Yes, I 4 will. 5 ACTING PRESIDENT WRIGHT: He 6 will. 7 SENATOR SABINI: Under your bill, 8 if it were to become law -- and I don't know 9 that there's an Assembly sponsor. But if it 10 were to become law, what would be the 11 difference in time that this review would take 12 as opposed to a ULURP process in the City of 13 New York? 14 SENATOR PADAVAN: Well, as you 15 know, there is no particular time frame in the 16 ULURP process that is in statute that I'm 17 familiar with. That could go on in a variety 18 of ways. Well, you know, Senator, I've seen 19 ULURP processes go on and on and on and on for 20 one reason or the other. 21 But there are time limits in this 22 bill in terms of when notice is given, how 23 long a period of time when hearings would be 24 provided for, and so on and so on. 25 We have a difference of opinion,

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(518) 371-8910 1 obviously. I think this is a good way to go. 2 I respect your opinion. I respect the opinion 3 of the Assembly, Assemblywoman Nolan. 4 However, I would like to point out 5 one final thing. This bill is supported by 6 the Department of Education. I have their 7 memo in front of me. It says: "The New York 8 City Department of Education strongly supports 9 S6393, which would amend the Public 10 Authorities Law to require the New York City 11 School Construction Authority to conduct 12 environmental reviews of any proposed facility 13 that is to be leased for educational purposes. 14 "The School Construction Authority, 15 which now reports directly to the New York 16 City Department of Education, is charged with 17 siting and building schools to meet the 18 demands of New York City's school population. 19 Leasing is an important component of the 20 ongoing effort to provide desperately needed 21 seats on an expedited basis when sites for 22 school construction cannot be found in the 23 more densely populated areas of the city. 24 "The department works closely with 25 the SCA to ensure new and leased facilities

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(518) 371-8910 1 are environmentally safe for our children and 2 staff and supports adding the reviews required 3 under this legislation. The SCA already 4 conducts environmental due diligence, Phase 1 5 and 2 for leased projects, and supports the 6 reasonable process for site reviews, a public 7 comment period and hearing that would be 8 established under this legislation. 9 "These provisions would provide an 10 opportunity for the public to react to 11 potential school sites without imposing a 12 process that would create delays that could 13 easily derail the leasing process. 14 "In addition, this proposal 15 recognizes the practical distinction between 16 the use of leasing and new construction to 17 establish new schools. As lease sites do not 18 become the property of the department, the SCA 19 does not perceive that leases or reviews 20 reveal that a site has high levels of 21 contamination necessitating costly 22 remediation." 23 So there is a distinction, 24 obviously -- and they're pointing it out -- 25 between leasing and acquiring property, as I

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(518) 371-8910 1 mentioned earlier. 2 SENATOR SABINI: Thank you, 3 Mr. President. On the bill. 4 ACTING PRESIDENT WRIGHT: Senator 5 Sabini, on the bill. 6 SENATOR SABINI: The sponsor says 7 we don't disagree. Actually, I think we 8 probably do fundamentally disagree on one 9 item, which is that I believe that this bill 10 would probably take just as long as the ULURP 11 process. 12 It is a factual item that once SCA 13 and City Planning calendarizes something under 14 the city's Uniform Land Use Review Process, 15 there's a clock. And the clock moves and if 16 the council doesn't come to an agreement after 17 I believe it's three weeks or 20 days, then 18 the site is deemed approved. And I've got to 19 tell you, as someone who has followed that 20 committee after I chaired it, there is rarely 21 a time when a site isn't approved. 22 So I think the fundamental 23 disagreement is that the Department of Ed and 24 the commissioner, Chancellor Klein, would like 25 as few people to review these sites as

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(518) 371-8910 1 possible. 2 Now, I think that making sure that 3 we follow due diligence on leased property 4 when schoolchildren and personnel's health is 5 at stake is not a bad policy. So I would like 6 to see us instead take up Assemblywoman 7 Nolan's bill, which puts this under the same 8 rules that other city leased property -- see, 9 the difference here is the SCA is a 10 state-constructed agency, so we can change the 11 rules under which they review leased property. 12 And this is what this does. 13 But if the New York City Fire 14 Department were to lease a building, they 15 would have to go under ULURP. If the New York 16 City Police Department were to lease a 17 building, they would have to go under ULURP. 18 And I think the men and women who work in 19 those facilities are no less important than 20 children who attend schools. 21 But the bottom line is, there's not 22 a problem here. The council has not 23 repeatedly rejected sites. This is out of a 24 fit of pique over one site that was rejected 25 over some concerns about health. And you know

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(518) 371-8910 1 what? If they erred on the side of caution, 2 that's not bad thing. 3 In 1989 when the Board of Estimate 4 was dissolved by a federal court order and the 5 New York City Council were given land-use 6 prerogatives, people said: They'll never 7 build anything, they'll never want to build 8 something next to people. They'll never want 9 to build big projects. And you know what? 10 That hasn't turned out to be the case. 11 As a matter of fact, I had, in my 12 own district, lots of schools constructed. 13 And let me tell you, when you put a school in 14 a neighborhood, not everyone is for it, even 15 though there may be a need, because the people 16 that live next to the school may not be the 17 same people sending their kids to the school. 18 And yet we did move forward, because it was 19 the right thing to do. And I can honestly say 20 that my colleagues all did the same thing. 21 So there's not a problem here. And 22 I don't believe that taking layers out of the 23 decision-making process when it comes to the 24 environmental health of our children who are 25 going to be spending, in some cases, eight

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(518) 371-8910 1 years in a school -- in my district we have a 2 school where kids spend 13 consecutive years, 3 it's K through 12. That if we're going to 4 send children to those schools, we want to 5 have some surety that their health is going to 6 be preserved. 7 I think that the sponsor has good 8 intentions, but I think that this bill doesn't 9 give us the assurances we need, and I'm going 10 to be voting no. 11 Thank you, Mr. President. 12 ACTING PRESIDENT WRIGHT: Senator 13 Schneiderman, why do you rise? 14 SENATOR SCHNEIDERMAN: Thank you, 15 Mr. President. On the bill. 16 ACTING PRESIDENT WRIGHT: Senator 17 Schneiderman, on the bill. 18 SENATOR SCHNEIDERMAN: I also 19 will be voting against this bill. I think 20 it's unfortunate that the Senate appears to be 21 moving towards passing something that provides 22 less protection for our children from 23 environmental dangers, from toxic substances, 24 than we could. As the sponsor just said -- 25 ACTING PRESIDENT WRIGHT: Senator

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(518) 371-8910 1 Padavan, why do you rise? 2 SENATOR PADAVAN: Will Senator 3 Schneiderman yield to a question. 4 ACTING PRESIDENT WRIGHT: Senator 5 Schneiderman, will you yield? 6 SENATOR SCHNEIDERMAN: I will be 7 glad to in just a moment, if I just can finish 8 this paragraph. 9 SENATOR PADAVAN: By all means. 10 SENATOR SCHNEIDERMAN: The 11 Assembly's bill seems to me to be completely 12 reasonable and preferable in every way. It 13 does require notice to the community. It 14 requires the submission of all leased school 15 site applications to the City Council, which, 16 as Senator Sabini said, has a 20-day window in 17 which to approve. It's not a long time. And 18 it requires that all leased school site 19 applications are subject to a SEQRA review. 20 That's not unreasonable. That's what we do 21 with everything else. 22 This is, strangely enough, 23 legislation that would say that everything 24 else the city leases gets a SEQRA review, gets 25 approved by the City Council, but the sites

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(518) 371-8910 1 that should be the most pristine, where our 2 children are, doesn't. That, to me, is 3 incomprehensible public policy. 4 And I also would suggest to the 5 sponsor that the provision having the 6 Community Education Councils, the Community 7 Education Councils conduct a hearing on 8 environmental quality, is really ludicrous. 9 The Community Education Councils 10 are groups of parents. Where do they get -- 11 is there extra funding in here? Are they 12 given some people to advise them on this? No. 13 There's nothing in this legislation to enable 14 them to undertake this. 15 That's not what they're set up for. 16 That's not what they should be doing. They 17 are the least capable group of conducting such 18 a hearing. 19 And I think there's a fundamental 20 legal defect in it as well. If I seek to 21 challenge, in litigation, a decision to locate 22 a school in a toxic waste site or something 23 like that, or to lease it in a site that would 24 be unacceptable for environmental reasons, I 25 would be in the position of having to sue the

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(518) 371-8910 1 CEC for its conduct of the hearing. 2 And that's not really who should be 3 properly framed as the decision-maker. I 4 think this could create a legal impediment to 5 litigation against the SCA, which is the real 6 decision-maker here, and that additionally I 7 think is a defect here. 8 So with that said, I will be glad 9 to yield for a question. 10 ACTING PRESIDENT WRIGHT: Senator 11 Schneiderman will yield. 12 Senator Padavan. 13 SENATOR PADAVAN: Senator, what 14 has been the historically, in whatever number 15 of years you choose, a process that's been in 16 effect for leased property for schools 17 vis-a-vis environmental review? What has been 18 the process in effect? 19 SENATOR SCHNEIDERMAN: I don't 20 understand the question. 21 SENATOR PADAVAN: In other words, 22 prior -- well, right now, as a matter of fact, 23 what is the process that is today in effect 24 relevant to leased property for the use as 25 classrooms?

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: The 2 process is similar to what this -- similar if 3 not identical to what this legislation 4 proposes. 5 However, there is a significant 6 increase in the use of leased property for 7 city schools. We're obviously in a situation 8 now where we have a crisis in our city schools 9 to authorize capital -- 10 SENATOR PADAVAN: Will the 11 Senator yield. I don't think he answered the 12 question. 13 SENATOR SCHNEIDERMAN: I'm sorry, 14 I would like to be allowed to finish my 15 response to the question. 16 ACTING PRESIDENT WRIGHT: Excuse 17 me, Senator Padavan. Senator Schneiderman has 18 the floor. 19 SENATOR SCHNEIDERMAN: Thirty-one 20 percent of all new capacity seats in the 21 Department of Education's five-year capital 22 plan is going to be leased. There's a 23 significant increase in the use of leased 24 property. And as we all know, it's hard to 25 find property in many areas.

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(518) 371-8910 1 It is understandable that people 2 who are desperate to find property, whose jobs 3 are on the line if they don't lease space for 4 schools, might want to reduce the level of 5 review. But it's not the job of this Senate, 6 of this Legislature, to allow them to 7 circumvent basic environmental requirements. 8 And they are not able to do that in any other 9 building leased by the city, and the Assembly 10 bill would prevent them from doing that. 11 So I don't see any reason for us to 12 propose something different than the Assembly 13 bill. I think Senator Sabini has explained 14 very well why that would work. And I find it 15 absolutely incomprehensive that we're imposing 16 on the poor beleaguered parents of our CECs 17 the obligation to hold public hearings on 18 environmental issues. 19 So those are my concerns, Senator. 20 And I realize that this is similar to the 21 process that's in effect now. But I do think 22 we have an opportunity here to significantly 23 improve on that process and to protect our 24 children, to provide more protections for our 25 children from toxic wastes and other

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(518) 371-8910 1 environmental hazards. 2 ACTING PRESIDENT WRIGHT: Senator 3 Padavan. 4 SENATOR PADAVAN: Will the 5 Senator yield. 6 ACTING PRESIDENT WRIGHT: Senator 7 Schneiderman, will you yield? 8 SENATOR SCHNEIDERMAN: I'm happy 9 to yield. 10 ACTING PRESIDENT WRIGHT: The 11 Senator yields. 12 SENATOR PADAVAN: Senator, maybe 13 I didn't make myself clear. What is currently 14 in law today relevant to the acquisition of 15 sites to be leased for schools? What is 16 currently in law? 17 SENATOR SCHNEIDERMAN: Well, 18 there are a series of provisions that the 19 schools -- that define the School Construction 20 Authority and define its -- I mean, there are 21 a whole variety of laws about leases for 22 schools. If you're referring to this 23 specifically, I don't think there is a 24 provision like this in law. 25 SENATOR PADAVAN: There is

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(518) 371-8910 1 nothing in law. 2 SENATOR SCHNEIDERMAN: On this 3 specific issue that's addressed in this bill. 4 SENATOR PADAVAN: Thank you. 5 Thank you very much. That's the question I 6 was asking. So now if you would continue to 7 yield. 8 SENATOR SCHNEIDERMAN: Be happy 9 to yield. 10 SENATOR PADAVAN: We have two 11 proposals, one in the Assembly and one before 12 us here, that have a different way of going at 13 it. Here we do require environmental Phase 1 14 and 2 nationally accepted standards, with DEC 15 oversight, which has always been there. And 16 we involve the Community Education Councils 17 when public awareness is necessary. 18 Now, you seem to think that the 19 CECs are ill-equipped or ill-motivated or not 20 whatever and don't have the resources. Well, 21 I don't know about the CECs you've been 22 exposed to, but the ones I have get into 23 everything -- and thank heaven they do -- 24 including new construction. 25 Are you aware of the fact that when

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(518) 371-8910 1 a new building goes up in a school district, 2 CECs get involved intimately in evaluating the 3 school and everything about it? They do that 4 today. They've done it in my district, not 5 only in those three schools you mentioned but 6 in others. So where -- 7 SENATOR SCHNEIDERMAN: Could I 8 get a question, Mr. President? 9 SENATOR PADAVAN: My question, 10 Senator, is where do you come up with the 11 judgment that they're ill-equipped to not only 12 inquire, investigate, but to probe into the 13 safety of the schools that are either being 14 built or renovated, leased or acquired in 15 their school districts? Where do you come up 16 with that judgment? 17 ACTING PRESIDENT WRIGHT: Senator 18 Schneiderman. 19 SENATOR SCHNEIDERMAN: Based on 20 my own experience in CECs, the difficulty 21 we've had in finding parents to participate in 22 CECs, the lack of staff, the lack of 23 budgeting. Perhaps you fund your CECs with 24 member items. Perhaps in a few years we'll be 25 able to fund our CECs with member items. But

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(518) 371-8910 1 that's not the right way to do public policy. 2 My suggestion, Senator, is we on 3 this side of the aisle do not have the 4 opportunity to participate in the debate over 5 the drafting of this legislation. Our 6 opportunity to have input is now. 7 And I am suggesting that the input 8 I would like to have is that the Assembly bill 9 is far superior and that it is disgraceful for 10 this house to take the position that our 11 children in leased facilities should not have 12 the same basic environmental review and 13 protection from toxic waste that goes to every 14 other leased facility in the City of New York 15 and that go to new school facilities. That's 16 it. Simple. Why should we do less for our 17 children? 18 That's my objection. I stand by 19 it. And I suggest that everyone vote no. 20 Thank you, Mr. President. 21 ACTING PRESIDENT WRIGHT: Senator 22 Hassell-Thompson, why do you rise? 23 SENATOR HASSELL-THOMPSON: On the 24 bill, Mr. President. 25 ACTING PRESIDENT WRIGHT: On the

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(518) 371-8910 1 bill. 2 SENATOR HASSELL-THOMPSON: Just 3 two quick statements that I'd like to make on 4 the bill. 5 One is that I've listened to the 6 discussion by Senator Padavan defending the 7 ability of parent groups. And I would like to 8 suggest to him and to any others that while 9 that may exist in a district or in your 10 district, it is not uniform. 11 There is not the same authority, 12 there is not the same resource ability across 13 the board to do this. Were that not true, one 14 of the schools that you were discussing that 15 was held up, presumably thought to be for 16 political reasons, was predominantly because 17 the City Council and the community groups were 18 not satisfied that the cleanup in the leased 19 school was sufficient on behalf of the 20 children of that district. 21 And, Senator, to you and to anybody 22 else who believes that we don't have a right 23 to ask for and require of our City Council 24 members to be a part of that process because 25 they're on the ground -- that's part of their

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(518) 371-8910 1 job, that's what we hold them accountable to 2 do. And as the on-the-ground people, I trust 3 their resources and their ability to opt on 4 behalf of our children. 5 And therefore I will be voting no 6 and I certainly will be encouraging all of my 7 colleagues that this is not the best interests 8 particularly of children in black and Latino 9 districts. 10 ACTING PRESIDENT WRIGHT: Senator 11 Perkins. 12 SENATOR PERKINS: Thank you, 13 Mr. President. 14 I just want to echo the concerns of 15 my colleagues Senators Schneiderman and 16 Hassell-Thompson and others with respect to 17 this legislation, particularly in terms of the 18 role of the parent boards. Which, with all 19 due respect, are very, very enthusiastic, 20 very, very committed, very, very involved, and 21 in many respects very, very talented -- but 22 powerless. They have absolutely no power. 23 They were designed to be powerless. 24 They were not designed to be able to stop 25 anything, as might be the City Council through

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(518) 371-8910 1 the so-called ULURP process. 2 So if in fact we want them to play 3 that role, then we should have empowered them 4 in such a way that they could play this role. 5 But they really can't. And in fact, they 6 express very often to me their frustration 7 about the fact that they are powerless with 8 regard to these matters. 9 Now, if we want a sort of 10 superficial opportunity or effort to give the 11 blemish that there's some parental involvement 12 or some parental support, then we can go 13 forward with that. But that won't be honest. 14 This is in a sense a secondary or a 15 second-class approach to really looking at the 16 safety of these particular facilities. 17 We need leasing, and leasing has a 18 value. But it loses that value when, through 19 that, that we expedite it without providing 20 the necessary protections for the health and 21 well-being of the children. 22 And the council has an awesome 23 amount of resources to have full-blown 24 hearings, to bring in experts, to really do 25 the scientific research that's necessary so

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(518) 371-8910 1 that at the end of the process one can feel 2 some great deal of confidence that this was 3 done in the proper way. 4 So I think that this particular 5 piece of legislation, while it takes us places 6 where we haven't been before, does not take us 7 places we want to go. Which is to guarantee 8 that this leasing is done in such a way that 9 it's safe, that it's expeditious, but not so 10 expeditious that it doesn't have the highest 11 standards as it relates to the safety of the 12 children. 13 And the best way to do that is 14 through this ULURP process through the City 15 Council that has the resources, that has the 16 obligation, the accountability and actually 17 represents the area as do the parents. 18 So I'm going to have to vote no on 19 this as well. 20 ACTING PRESIDENT WRIGHT: Is 21 there any other Senator wishing to be heard? 22 Debate is closed. The Secretary 23 will ring the bell. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT WRIGHT: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT WRIGHT: Senator 6 Sabini, to explain his vote. 7 SENATOR SABINI: Thank you, 8 Mr. President. I just want to note for my 9 colleagues the strange irony in this action. 10 The Mayor -- and I supported it -- 11 wanted control over the Department of 12 Education, so he got rid of the Board of Ed 13 and created a city agency. But what this bill 14 does is exploit the fact that the School 15 Construction Authority is not a city agency, 16 it's a state-created authority. And by 17 passing this, it averts city control. That's 18 the strange irony here. 19 If the Department of Education had 20 gotten the responsibility to build city 21 schools -- I don't know that they should have 22 it. But if we had given full mayoral control, 23 they would be the subject to ULURP like any 24 other city agency. 25 So there's a strange irony in this

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(518) 371-8910 1 that the Department of Ed is asking to support 2 an SCA effort that they have to support, that 3 they have to come in compliance with 4 themselves if, say, the Department of 5 Education were to lease an office building for 6 their own personnel. 7 I vote no. 8 ACTING PRESIDENT WRIGHT: Senator 9 Sabini will be recorded in the negative. 10 Senator Stavisky, to explain her 11 vote. 12 SENATOR STAVISKY: Yeah, very 13 briefly. 14 In many parts of the city it's been 15 increasingly difficult to find sites for 16 schools. As a result, the city has had to 17 lease the space. 18 Secondly, it's been very difficult 19 to find people to serve on these committees, 20 on the CECs. And it's been almost void of any 21 support services. As a result, they feel 22 without power. 23 On the other hand, we do have 24 certain bodies that do have accountability, 25 that do have the support services. For one

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(518) 371-8910 1 thing, we have the local community boards. 2 And under this legislation, I believe they are 3 not -- they do not receive notification of the 4 siting of a leased school facility. 5 Secondly, we have the council 6 members. And certainly nobody's ever accused 7 the New York City Council people of being shy 8 and reticent and unwilling to hold hearings. 9 And at the same time, there is the 10 question of accountability. So the local 11 community boards, the City Council, these are 12 bodies which have the facilities, they can be 13 held accountable, far more so than simply the 14 CECs. 15 And as a result, Mr. President, I 16 vote no. 17 ACTING PRESIDENT WRIGHT: Senator 18 Stavisky will be recorded in the negative. 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 2124 are 22 Senators Adams, Breslin, Connor, Diaz, Dilan, 23 Duane, Gonzalez, Hassell-Thompson, Huntley, 24 C. Johnson, Klein, L. Krueger, Montgomery, 25 Onorato, Oppenheimer, Parker, Perkins, Sabini,

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(518) 371-8910 1 Sampson, Savino, Schneiderman, Serrano, Smith, 2 Stachowski, Stavisky, Stewart-Cousins, 3 Thompson and Valesky. 4 Ayes, 32. Nays, 28. 5 ACTING PRESIDENT WRIGHT: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2126, by Senator Skelos, Senate Print 6406, an 9 act to amend the Executive Law. 10 SENATOR SCHNEIDERMAN: 11 Explanation. 12 ACTING PRESIDENT WRIGHT: Senator 13 Skelos. 14 SENATOR SKELOS: Thank you, 15 Mr. President. 16 If I could, prior to the 17 termination of regular session, the Senate 18 passed Governor Spitzer's program bill 19 concerning the expansion of the DNA database. 20 Unfortunately, as he traveled the state, he 21 forget to mention that as he was commenting on 22 unfinished business. 23 But what we've really tried to do 24 with this legislation is strike a compromise, 25 taking into account the work that was really

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(518) 371-8910 1 done at the joint conference committee. And I 2 know Senator Schneiderman made some 3 recommendations. 4 So really what we do here -- and I 5 think this is a fair compromise -- Senate 6 priorities were to include all fingerprintable 7 offenses, youthful offenders and persons 8 subject to registration as a sex offender. 9 These would include failure to register as a 10 sex offender and failure to verify addresses, 11 DWIs and DWAIs. Which would not be included 12 if it was just misdemeanors, as is proposed by 13 the Assembly. 14 It specifies the public officer's 15 responsibility for collecting DNA samples from 16 defendants and requires that a defendant under 17 probation or parole supervision provide a DNA 18 sample to ensure that every person convicted 19 of a crime has their DNA collected and added 20 to the data bank. These were the priorities 21 of the Senate Majority. 22 Now, some of the Assembly 23 priorities, and I believe with the Senate 24 Minority, were to -- it strikes from the 25 legislation the Senate plan to extend the

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(518) 371-8910 1 statute of limitations in all cases where DNA 2 is available and also does nothing in terms of 3 the John Doe indictment process. 4 This creates a wrongful conviction 5 commission but limits the scope to that 6 proposed by the Governor, but it is outside of 7 the Division of Criminal Justice Services. 8 It expands defendants' ability to 9 apply for DNA testing before trial and also in 10 cases where they have previously pled guilty, 11 and expands the scope of defendant's 12 application to include a comparison between 13 crime scene evidence and DNA data banks. 14 Basically we do not want anybody to be in jail 15 that should not be in jail. 16 It overrules existing case law, 17 limiting ability of wrongful convicted persons 18 to recover against the state, and strikes the 19 440 motion reform proposed by the Governor. 20 ACTING PRESIDENT WRIGHT: Senator 21 Schneiderman. 22 SENATOR SCHNEIDERMAN: Thank the 23 sponsor for his explanation. 24 Mr. President, I believe there is 25 an amendment at the desk. I ask that the

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(518) 371-8910 1 reading of the amendment be waived and would 2 like to be heard on the amendment. 3 ACTING PRESIDENT WRIGHT: There 4 is. The reading is waived, and you may be 5 heard on the amendment. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Mr. President. 8 I agree with Senator Skelos that 9 this bill represents significant progress over 10 the bill that was passed in the Senate earlier 11 this year. And I very much appreciate him 12 saying that our goal is to see that no one is 13 in prison who doesn't belong there, that 14 innocent people are exonerated and that guilty 15 people are convicted. 16 My amendment is to make this a 17 better bill and to enable it to do just that. 18 Some of the defects in this bill -- and again, 19 it is a step forward, but I believe it doesn't 20 go nearly far enough -- include the following. 21 This bill does not eliminate rogue DNA 22 databases. They're DNA databases that have to 23 be eliminated or brought into compliance with 24 some strict set of standards to protect all of 25 us, frankly.

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(518) 371-8910 1 This bill also does not provide 2 mandatory guidelines for collection, 3 preservation and indexing of evidence. It has 4 voluntary guidelines that a commission may 5 make mandatory. 6 The reason that these are so 7 important is that currently, if there's a 8 murder in my building and all the people in 9 the building give their DNA to be tested so it 10 can be excluded, that may sit in a rogue 11 database and may be run for a test over and 12 over again. We don't know. There are 13 different local governments and jurisdictions 14 that have these rogue databases. We've got to 15 get rid of them. 16 We've got to have one standard for 17 mandatory guidelines for all DNA and indexing 18 for all DNA to prevent the travesties of 19 justice we've heard so much about, the case of 20 Alan Newton being one of the primary ones 21 that's come before us -- and he came up to 22 Albany to lobby on this issue -- where the 23 crime scene DNA was lost for 16 years and they 24 couldn't find it because there was no proper 25 indexing.

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(518) 371-8910 1 This bill does allow, and this is a 2 good thing, the court to order, on a request 3 from a defendant, that a defendant's DNA be 4 compared to the crime scene's DNA. Most 5 people don't understand that this is not the 6 case. It is incredible to me that a defendant 7 cannot request that their DNA be run against a 8 crime scene DNA. 9 This bill would allow that to be 10 done under a court order. However, it doesn't 11 allow the court to order a comparison of the 12 defendant's fingerprints to the fingerprints 13 at the crime scene. Let's -- again, on the 14 principle that we want to make sure all 15 innocent people get out of jail, let's make 16 that change as well. 17 The commission for exoneration 18 review that is created in this bill I believe 19 is unduly restricted, its mandate is unduly 20 restrictive, and the composition of the 21 commission is flawed. My amendment seeks to 22 correct these things. 23 And finally, my amendment would add 24 to this bill two provisions that the Assembly 25 has added that I think are absolutely

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(518) 371-8910 1 essential to protect the innocent from 2 wrongful conviction. Those are modifications 3 of our state procedures for eyewitness 4 identification and the requirement for 5 videotaping in custodial interrogations. 6 Coincidentally, yesterday in the 7 New York Times there were stories of two 8 wrongful convictions. One was a gentleman 9 named Richard Lapointe, who is mentally 10 impaired and was convicted based on signed 11 confessions. He was questioned for nine 12 hours, until 1:30 in the morning, and he 13 signed three inconsistent confessions. We 14 have to deal with this issue. We have to move 15 beyond the people who are easier to exonerate 16 to situations where custodial interrogations 17 produce false confessions. 18 The second story, Troy Davis. This 19 is a man -- there was little physical 20 evidence. Prosecutors relied on testimony of 21 nine eyewitnesses. Again, we're dealing with 22 a situation where these are white eyewitnesses 23 against a black defendant. Nine eyewitnesses 24 took the stand against Mr. Davis. Since his 25 trial, seven of the nine have recanted or

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(518) 371-8910 1 changed their testimony, saying they were 2 harassed and pressed by investigators to lie 3 under oath. Other witnesses have come forward 4 identifying a different man as the shooter. 5 So I appreciate the fact that 6 Senator Skelos is moving this forward. The 7 changes in the bill do give me confidence we 8 will actually get something done before end of 9 the year. 10 But I would urge everyone, let's 11 adopt the additional provisions in this 12 amendment. Let's make this bill a better 13 bill. Let us ensure that no innocent person 14 in New York State is ever convicted of a crime 15 they didn't commit or ever incarcerated for a 16 crime they did not commit. I urge everyone to 17 vote for this amendment. 18 Thank you, Mr. President. 19 ACTING PRESIDENT WRIGHT: Thank 20 you, Senator Schneiderman. 21 On the amendment, those Senators in 22 agreement please signify by raising your 23 hands. 24 THE SECRETARY: Those recorded in 25 agreement are Senators Adams, Breslin, Connor,

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(518) 371-8910 1 Dilan, Duane, Gonzalez, Hassell-Thompson, 2 Huntley, Montgomery, Onorato, Oppenheimer, 3 Parker, Perkins, Sabini, Sampson, Savino, 4 Schneiderman, Serrano, Smith, Stavisky, 5 Stewart-Cousins, and Thompson. 6 ACTING PRESIDENT WRIGHT: The 7 amendment is not agreed to. 8 On the bill, any Senator wishing to 9 be heard? 10 Debate is closed. The Secretary 11 will ring the bell. 12 Read the last section. 13 THE SECRETARY: Section 13. This 14 act shall take effect November 1, 2007. 15 ACTING PRESIDENT WRIGHT: Senator 16 DeFrancisco, to explain his vote. 17 SENATOR DeFRANCISCO: Yes, I vote 18 aye. And I think at this juncture of this 19 session -- 20 ACTING PRESIDENT WRIGHT: Excuse 21 me, Senator. 22 Will the Senate please come to 23 order. Senator DeFrancisco is explaining his 24 vote. 25 Thank you.

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(518) 371-8910 1 SENATOR DeFRANCISCO: I think at 2 this juncture in the State Senate's 3 proceedings for this year we now have passed 4 three different DNA database bills, bills that 5 everyone seems to believe make sense insofar 6 as it not only provides more evidence, 7 potentially, to help convict the guilty but 8 also to exonerate the innocent. 9 And I know it's a Governor's 10 priority bill, although he didn't come to my 11 area to explain he was sad that the Assembly 12 didn't pass the bill. It seems to me that 13 with three different options, the Assembly 14 should come back at some point this session 15 and deal with this issue, because it is so 16 important not only for law enforcement in this 17 state but also to exonerate the innocent. 18 We've got like a Chinese menu at 19 this point. Hopefully we don't have to go 20 through more choices without the Assembly 21 coming on board and getting this done. I vote 22 aye. 23 ACTING PRESIDENT WRIGHT: Senator 24 DeFrancisco is recorded in the affirmative. 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 2126 are 4 Senators Adams, Diaz, Duane, Gonzalez, 5 Hassell-Thompson, Huntley, L. Krueger, 6 Montgomery, Parker, Perkins, Schneiderman and 7 Serrano. 8 Ayes, 48. Nays, 12. 9 ACTING PRESIDENT WRIGHT: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 2129, by the Senate Committee on Rules, Senate 13 Print 6420, an act to authorize -- 14 SENATOR PADAVAN: Lay it aside. 15 ACTING PRESIDENT WRIGHT: Lay it 16 aside. 17 SENATOR PADAVAN: Mr. President, 18 could we return to Calendar Number 2130, 19 noncontroversial. 20 ACTING PRESIDENT WRIGHT: We will 21 return to Calendar Number 2130 on the 22 noncontroversial calendar. 23 SENATOR DIAZ: Mr. President. 24 ACTING PRESIDENT WRIGHT: Excuse 25 me, Senator Diaz, why do you rise?

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(518) 371-8910 1 SENATOR DIAZ: I was called back 2 to Albany, and I came to deal with this 3 business. They keep calling lay it aside. Do 4 they have the votes or no? I was called to 5 vote on this. So let's do it. 6 ACTING PRESIDENT WRIGHT: Senator 7 Diaz, the bill has been laid aside. We are on 8 Calendar Number 2130. We have a message of 9 necessity -- 10 SENATOR DIAZ: They called me 11 back, they called me back -- 12 ACTING PRESIDENT WRIGHT: Excuse 13 me, Senator Diaz. We are on Calendar Number 14 2130. 15 We have a message of necessity at 16 the desk. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 2130, by Senator Nozzolio, Senate Print 6422, 20 an act to amend the Correction Law and the 21 Mental Hygiene Law. 22 ACTING PRESIDENT WRIGHT: Senator 23 Padavan. 24 SENATOR PADAVAN: Move to accept 25 the message of necessity, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT WRIGHT: The 2 motion is to accept the message of necessity. 3 All in favor signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT WRIGHT: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT WRIGHT: The 9 message is accepted. 10 Read the last section. 11 THE SECRETARY: Section 8. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WRIGHT: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT WRIGHT: Senator 17 Nozzolio, to explain his vote. 18 SENATOR NOZZOLIO: Thank you, 19 Mr. President. 20 My colleagues, we are enacting this 21 afternoon a landmark measure which is changing 22 the complexity of our prison system. It's a 23 three-way agreement between the Assembly, the 24 Senate -- 25 ACTING PRESIDENT WRIGHT: Excuse

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(518) 371-8910 1 me, Senator Nozzolio. 2 Could I ask for some order, please, 3 and courtesy be extended to Senator Nozzolio, 4 who's explaining his vote. 5 If you have a conversation, please 6 take it outside the chamber. Thank you. 7 Senator Nozzolio. 8 SENATOR NOZZOLIO: Thank you, 9 Mr. President. 10 My colleagues, this is a landmark 11 legislative measure, fully agreed upon with 12 the Assembly and the Governor, which will 13 establish our prisons to be the hallmark of 14 the prison system in all of the United States 15 of America. 16 This legislation encourages, 17 establishes and requires the different 18 treatment of the mentally ill who are 19 incarcerated behind our prisons. That this 20 bill enhances the safety and security of the 21 men and women who work in our correctional 22 facilities, walk the toughest law enforcement 23 beat of all of those law enforcement officers 24 of America, as our correction officers keep 25 order within the prison system.

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(518) 371-8910 1 This legislation will make our 2 prisons safer, will make our prisons more 3 humane. And I fully endorse it, am pleased to 4 see it pass, and thank you, Mr. President, for 5 the ability and opportunity to explain it. 6 ACTING PRESIDENT WRIGHT: Senator 7 Nozzolio is recorded in the affirmative. 8 Senator Duane, to explain his vote. 9 SENATOR DUANE: Thank you, 10 Mr. President. 11 I just once again want to commend 12 Senator Nozzolio on this terrific piece of 13 legislation. And I'm very, very pleased that 14 he also worked hard to forge an agreement with 15 the executive so that we can have more humane 16 and indeed safer conditions in our 17 correctional facilities. 18 I'll be voting in the affirmative, 19 Mr. President. 20 ACTING PRESIDENT WRIGHT: Senator 21 Duane will be recorded in the affirmative. 22 Senator Montgomery, to explain her 23 vote. 24 SENATOR MONTGOMERY: Yes, 25 Mr. President. I rise to join my colleague

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(518) 371-8910 1 Senator Duane in really thanking and 2 complimenting Senator Nozzolio. 3 This really is a very important 4 legislation. It's one that we have hoped to 5 see come to the floor for some time. It 6 reflects an intent to be much more humane, 7 because a number of people who are 8 incarcerated are in fact very seriously 9 mentally ill. And this legislation will help 10 us identify and provide some treatment and try 11 and make sure that people who do come back to 12 their communities come back in hopefully a 13 much better condition, mentally and 14 psychologically, if they in fact have mental 15 illness. 16 So I thank you, Senator Nozzolio, 17 and I think you deserve a special commendation 18 for this landmark legislation. 19 Thank you. 20 ACTING PRESIDENT WRIGHT: Senator 21 Montgomery will be recorded in the 22 affirmative. 23 Senator Oppenheimer, to explain her 24 vote. 25 SENATOR OPPENHEIMER: I just want

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(518) 371-8910 1 to say a word, Mr. President, about the woman 2 that just spoke before me because Velmanette 3 Montgomery had held hearings several years ago 4 about SHUs and about how unfair and how 5 medically unsound they were. 6 Certainly if you put someone with 7 mental illness into a SHU, they're going to 8 come out with worse mental illness. And if we 9 hope in some small way to rehabilitate people 10 in prison, putting them in SHUs with mental 11 illness does exactly the opposite. 12 So I thank you for the work you 13 have been doing for many years, Senator 14 Montgomery, and I certainly thank Senator 15 Nozzolio for finally bringing this to the 16 floor and offering some humane treatment to 17 people who desperately need a little more 18 humanity. 19 Thank you. 20 ACTING PRESIDENT WRIGHT: Senator 21 Oppenheimer will be recorded in the 22 affirmative. 23 Announce the results. 24 THE SECRETARY: Ayes, 60. Nays, 25 0.

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(518) 371-8910 1 ACTING PRESIDENT WRIGHT: The 2 bill is passed. 3 (Scattered applause.) 4 SENATOR PADAVAN: Mr. President. 5 ACTING PRESIDENT WRIGHT: Senator 6 Padavan. 7 SENATOR PADAVAN: May we proceed 8 with the noncontroversial calendar, Number 9 2131. 10 ACTING PRESIDENT WRIGHT: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 2131, by Senator Nozzolio, Senate Print 6423, 14 an act to amend the Correction Law. 15 ACTING PRESIDENT WRIGHT: Senator 16 Padavan. 17 SENATOR PADAVAN: I ask that the 18 message of necessity be accepted. 19 ACTING PRESIDENT WRIGHT: There 20 is a message at the desk. 21 The motion is to accept the message 22 of necessity. All in favor signify by saying 23 aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT WRIGHT:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT WRIGHT: The 4 message is accepted. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the same date and in 8 the same manner as Section 4 of a chapter of 9 the Laws of 2007. 10 ACTING PRESIDENT WRIGHT: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT WRIGHT: The 15 bill is passed. 16 Senator Padavan. 17 SENATOR PADAVAN: Can we move to 18 adopt the Resolution Calendar. 19 ACTING PRESIDENT WRIGHT: Motions 20 and resolutions. 21 All in favor of adopting the 22 Resolution Calendar signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT WRIGHT: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT WRIGHT: The 3 Resolution Calendar is adopted. 4 Senator Padavan. 5 SENATOR PADAVAN: Mr. President, 6 we are about to stand at ease. However, there 7 is a Rules Committee meeting at this time. 8 ACTING PRESIDENT WRIGHT: A 9 meeting of the Rules Committee will be 10 convened in the Majority Conference Room. 11 In the interim, the Senate will 12 stand at ease. 13 (Whereupon, the Senate stood at 14 ease at 5:26 p.m.) 15 (Whereupon, the Senate reconvened 16 at 5:48 p.m.) 17 ACTING PRESIDENT WRIGHT: Senator 18 Padavan. 19 SENATOR PADAVAN: Mr. President, 20 may we please return to the reports of 21 standing committees for a report of the Rules 22 Committee. 23 ACTING PRESIDENT WRIGHT: We will 24 return to the order of reports of standing 25 committees for the report of Rules Committee.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, reports the 4 following bills: 5 Senate Print 1052A, by Senator 6 Little, an act to establish; 7 6249, by Senator Maziarz, an act to 8 allow; 9 6351, by Senator Robach, an act to 10 amend the Real Property Law; 11 4324B, by Senator Maziarz, an act 12 to amend the Environmental Conservation Law; 13 3495, by Senator Libous, an act to 14 amend the Vehicle and Traffic Law; 15 3841, by Senator Seward, an act to 16 amend the Insurance Law; 17 3967A, by Senator Golden, an act to 18 amend the Executive Law; 19 5525, by Senator Thompson, an act 20 relating to certain bonds; 21 5687B, by Senator Fuschillo, an act 22 to amend the Civil Service Law; 23 6396, by Senator Morahan, an act to 24 amend a chapter of the Laws of 2007; 25 6398, by Senator DeFrancisco, an

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(518) 371-8910 1 act to amend a chapter of the Laws of 2007; 2 6403, by Senator Padavan, an act to 3 amend the Civil Service Law; 4 6404, by Senator Maltese, an act to 5 amend the Transportation Law; 6 6405, by Senator Marcellino, an act 7 to amend a chapter of the Laws of 2007; 8 6408, by Senator Lanza, an act to 9 amend the Criminal Procedure Law; 10 6409, by Senator Larkin, an act to 11 amend the Tax Law; 12 6415, by Senator Morahan, an act to 13 amend the Public Health Law; 14 6418, by the Senate Committee on 15 Rules, an act to amend the Public Health Law; 16 6421, by Senator Libous, an act to 17 amend the Vehicle and Traffic Law; 18 And Senate Print 3154, by Senator 19 Montgomery, an act to amend the Family Court 20 Act. 21 All bills ordered direct to third 22 reading. 23 ACTING PRESIDENT WRIGHT: Senator 24 Padavan. 25 SENATOR PADAVAN: Mr. President,

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(518) 371-8910 1 I move that the Rules Committee report be 2 accepted. 3 ACTING PRESIDENT WRIGHT: All in 4 favor signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT WRIGHT: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT WRIGHT: The 10 Rules Committee report is accepted. 11 SENATOR PADAVAN: Can we stand at 12 ease for a few moments, Mr. President. 13 ACTING PRESIDENT WRIGHT: The 14 Senate will stand at ease. 15 (Whereupon, the Senate stood at 16 ease at 5:50 p.m.) 17 (Whereupon, the Senate reconvened 18 at 5:55 p.m.) 19 ACTING PRESIDENT GRIFFO: Senator 20 Padavan. 21 SENATOR PADAVAN: Mr. President, 22 may we have the noncontroversial reading of 23 the calendar. 24 ACTING PRESIDENT GRIFFO: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 620, by Senator Little, Senate Print 1052A, an 3 act to establish a blue ribbon commission. 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, 60. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1934, by Senator Maziarz, Senate Print 6249, 16 an act to allow William P. Grillo to file. 17 ACTING PRESIDENT GRIFFO: There 18 is a home-rule message at the desk. 19 The Secretary will read the last 20 section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 1999, Senator Robach moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 9244 and substitute it 8 for the identical Senate Bill Number 6351, 9 Third Reading Calendar 1999. 10 ACTING PRESIDENT GRIFFO: 11 Substitution ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1999, by Member of the Assembly Heastie, 15 Assembly Print Number 9244, an act to amend 16 the Real Property 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, 60. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2011, by Senator Maziarz, Senate Print 4324B, 4 an act to amend the Environmental Conservation 5 Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last 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 Maziarz, to explain his vote. 15 SENATOR MAZIARZ: Thank you very 16 much, Mr. President. 17 Mr. President, this is really a 18 great day for the Great Lakes in New York 19 State. This is a bipartisan bill. And I'm 20 very proud, this bill has been in the works 21 for several years now. And New York State is 22 taking a leadership role in moving this Great 23 Lakes compact forward. This involves several 24 states and the federal government. 25 The Great Lakes ecosystem is a

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(518) 371-8910 1 natural wonder of the world. It holds 2 one-fifth -- one-fifth -- of the entire 3 world's freshwater supply. It is 95 percent 4 of the freshwater surface in the entire United 5 States. Lake Erie, Lake Ontario and the 6 St. Lawrence Seaway define over 700 miles of 7 New York borders. They supply water for 8 millions of New Yorkers, businesses, and 9 billion-dollar industries such as tourism and 10 fishing. These waters hold the key to our 11 economic health, recreational opportunities, 12 wildlife habitat, and regional character. 13 However, in the increasingly 14 water-hungry world today, the Great Lakes are 15 being eyed as an easy source by other regions 16 of the country and even other parts of the 17 world. Some predict that freshwater will soon 18 be more valuable than oil. Some argue that it 19 already is. The Great Lakes seem limitless 20 but in fact are able to replenish only about 21 1 percent of their water each year. If more 22 water is taken out than the lakes can 23 replenish, their fragile ecosystem is 24 jeopardized, and everything that depends on 25 it.

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(518) 371-8910 1 Recognizing this, in 2001 the eight 2 Great Lakes states and two Canadian provinces 3 began negotiations about how to regulate water 4 diversions from the Great Lakes and manage the 5 water in a sustainable way. Four years of 6 negotiations produced the bill that is before 7 us today, the Great Lakes-St. Lawrence River 8 Basin Water resources Compact. It's a 9 remarkable collaborative and, I stress, 10 bipartisan achievement. 11 Each state and the United States 12 Congress must ratify the compact for it to be 13 implemented. 14 The bill calls on the Department of 15 Environmental Conservation and New York's 16 Great Lakes Basin Advisory Board to complete a 17 number of tasks associated with implementing 18 the compact in New York, including 19 recommendations for any necessary further 20 legislation. 21 The board will establish the method 22 for determining the baseline of how much water 23 can be used beyond current water-use levels. 24 To do this, it will need to consider the 25 historic levels of water use and the physical

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(518) 371-8910 1 capacity of the current water withdrawal 2 systems, and it will determine the impacts of 3 new or increased water withdrawals. 4 The use of Great Lakes water is 5 complex and will be an increasingly 6 contentious issue. The board members should 7 be representative of the many interests that 8 have a stake in using Great Lakes water in 9 order to collaboratively reach economically 10 fair, ecologically defensible and feasible 11 recommendations. 12 I urge the board to also find ways 13 to include the Legislature and regional 14 governance as it pursues its task. 15 Again, I want to emphasize that 16 this is a bipartisan bill that represents a 17 lot of hard work over a very long period of 18 time. And I want to commend all of my 19 colleagues and the staff people who worked on 20 this. 21 Thank you very much, Mr. President. 22 ACTING PRESIDENT GRIFFO: Senator 23 Maziarz to be recorded in the negative. 24 Senator Thompson, to explain his 25 vote.

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(518) 371-8910 1 SENATOR THOMPSON: Yes, 2 Mr. President. I believe that my colleague 3 from Niagara County spoke very eloquently 4 about why this bill is so important. 5 The Great Lakes-St. Lawrence River 6 Basin Compact allows New York State to benefit 7 from management decisions regarding water 8 withdrawals and water use in the basin. 9 Let me also note as well that 10 2 million residents throughout upstate 11 New York rely on the Great Lakes and 12 St. Lawrence drainage basins for their water. 13 In fact, 15 percent of the state's electricity 14 comes from two hydropower plants at Niagara 15 and the FDR on the St. Lawrence as well. 16 As the Senator whose entire 17 district is bordered by the Niagara River and 18 includes most of the productive hydropower 19 plants in the state, I can only support this 20 well-deserved bill. I congratulate the lead 21 sponsor of this bill, which does have 22 bipartisan support. 23 And we really have to continue to 24 protect our water supply, and I think that's 25 going to be one of the major debates in 2020

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(518) 371-8910 1 and beyond, about fresh and clean water in 2 American society. 3 Thank you. 4 ACTING PRESIDENT GRIFFO: Senator 5 Thompson to be recorded in the affirmative. 6 Senator Wright, to explain his 7 vote. 8 SENATOR WRIGHT: Thank you, 9 Mr. President. 10 As one who represents the Lake 11 Ontario region, at least eastern Lake Ontario, 12 and the St. Lawrence River, I rise to commend 13 Senator Maziarz and congratulate him on his 14 efforts to achieve an agreement which I think 15 is critical to the future of the Great Lakes 16 region and particularly the northern New York 17 region of the Great Lakes, which is heavily 18 dependent upon that water resource, both from 19 a tourism and a recreational standpoint, but 20 also from a power and economic standpoint. 21 So I'm very pleased to join my 22 colleague in supporting this legislation and 23 want to recognize his efforts and all of the 24 efforts that have brought it to passage here 25 this afternoon. I'll vote in the affirmative.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Wright to be recorded in the affirmative. 3 Senator Stachowski, to explain his 4 vote. 5 SENATOR STACHOWSKI: Yes, 6 Mr. President, I too rise to congratulate 7 everybody involved, and especially Senator 8 Maziarz, and the fact that it was a bipartisan 9 effort and that New York State is taking the 10 lead. 11 As somebody who represents a lot of 12 the shoreline of Lake Erie, it's very 13 important to us. And the fact is that the 14 water from most of the Great Lakes end up 15 going over the Niagara. So it's important to 16 have this compact to protect our clean water. 17 It's very important not only from an economic 18 standpoint but from a survival standpoint, 19 because all of the people along the Great 20 Lakes, their drinking water comes from there. 21 So with the threats to the 22 freshwater that we have not only from various 23 species but also from other states, as Senator 24 Maziarz pointed out, this step is a very 25 important step and I hope the first of a very

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(518) 371-8910 1 important compact that will protect our Great 2 Lakes waters for all the states that surround 3 it. 4 Thank you. 5 ACTING PRESIDENT GRIFFO: Senator 6 Stachowski to be recorded in the affirmative. 7 Senator Alesi, to explain his vote. 8 SENATOR ALESI: Thank you, 9 Mr. President. 10 The Great Lakes are vitally 11 important to all of us. It's not just the 12 issue that many of us have part of our 13 districts on the Great Lakes, but as the 14 chairman of the Committee on Commerce and 15 Economic Development, I know how vitally 16 important it is that we have this huge source 17 of freshwater in the Northeast, part of a 18 whole series of Great Lakes and waterways as 19 well. 20 It's important to the people that I 21 represent, the people in New York State -- in 22 fact, people in the entire world -- when you 23 think about the commerce that goes through the 24 Great Lakes, whether it's between the lakes 25 themselves or up the St. Lawrence Seaway.

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(518) 371-8910 1 You think about the importance of a 2 source of freshwater for the millions of 3 people that rely on it for drinking. Tourism, 4 the state's number-two industry, is so reliant 5 on our Great Lakes, as well as agriculture, 6 which is the state's number-one industry. And 7 energy as well. 8 There are so many times when we 9 take for granted turning on the water and 10 getting fresh water or any of the things that 11 the Great Lakes provide for us. And I think 12 that Senator Maziarz and those people who 13 worked along with him, recognizing that this 14 is an international effort, should be 15 congratulated for their diligence and for 16 their commitment to this compact. 17 I'm proud to support it and thank 18 Senator Maziarz for his efforts as well. 19 ACTING PRESIDENT GRIFFO: Senator 20 Alesi to be recorded in the affirmative. 21 Senator DeFrancisco, to explain his 22 vote. 23 SENATOR DeFRANCISCO: As a 24 cosponsor, I want to rise and also indicate my 25 support for this bill.

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(518) 371-8910 1 I think that the benefits of the 2 bill have pretty well been outlined, and I 3 think there's another significant factor here. 4 And that is that the compact is a compact 5 among several states and two Canadian 6 provinces. And despite being continually 7 criticized as being a dysfunctional 8 legislature, we are among the leaders in 9 moving this compact. And hopefully our 10 leadership of being one of the first to sign 11 on is going to be important to make this a 12 reality. 13 And the importance of this bill 14 cannot be overemphasized in view of how it's 15 going to affect the use of those lakes for 16 many, many generations to come. I vote aye. 17 ACTING PRESIDENT GRIFFO: Senator 18 DeFrancisco to be recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 60. Nays, 21 0. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2132, Senator Libous moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 8051 and substitute it 3 for the identical Senate Bill Number 3495, 4 Third Reading Calendar 2132. 5 ACTING PRESIDENT GRIFFO: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2132, by Member of the Assembly Bradley, 10 Assembly Print Number 8051, an act to amend 11 the Vehicle and Traffic 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, 60. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2133, Senator Seward moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 9233 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 3841, 2 Third Reading Calendar 2133. 3 ACTING PRESIDENT GRIFFO: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2133, by Member of the Assembly Morelle, 8 Assembly Print Number 9233, an act to amend 9 the Insurance 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, 60. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 2134, Senator Golden moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 7129A and substitute it 24 for the identical Senate Bill Number 3967A, 25 Third Reading Calendar 2134.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: 2 Substitution ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 2134, by Member of the Assembly Millman, 6 Assembly Print Number 7129A, an act to amend 7 the Executive Law and the Social Services Law. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 13. This 11 act shall take effect on the first of April 12 next succeeding. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 2135, by Senator Thompson, Senate Print 5525, 21 an act relating to certain bonds issued by the 22 City of Buffalo. 23 ACTING PRESIDENT GRIFFO: There 24 is a home-rule message at the desk. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 4. 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, 60. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2136, by Senator Fuschillo, Senate Print 11 5687B, an act to amend the Civil Service Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 4. 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, 60. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2137, by Senator Morahan, Senate Print 6396, 24 an act to amend a chapter of the Laws of 2007, 25 establishing a temporary task force.

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(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 same date and in 5 the same manner as a chapter of the Laws of 6 2007. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2138, by Senator DeFrancisco, Senate Print 15 6398, an act to amend a chapter of the Laws of 16 2007, amending the Court of Claims Act. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the same date and in 21 the same manner as a chapter of the Laws of 22 2007. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. Nays, 2 1. Senator Saland recorded in the negative. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 2139, by Senator Padavan, Senate Print 6403, 7 an act to amend the Civil Service Law. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 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 THE SECRETARY: Calendar Number 19 2140, by Senator Maltese, Senate Print 6404, 20 an act to amend the Transportation Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the same date and in 25 the same manner as a chapter of the Laws of

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(518) 371-8910 1 2007. 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 THE SECRETARY: Calendar Number 9 2141, by Senator Marcellino, Senate Print 10 6405, an act to amend a chapter of the Laws of 11 2007, amending the Education 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 and in 16 the same manner as a chapter of the Laws of 17 2007. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2142, by Senator Lanza, Senate Print 6408, an

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(518) 371-8910 1 act to amend the Criminal Procedure Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the same date and in 6 the same manner as a chapter of the Laws of 7 2007. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 2143, by Senator Larkin, Senate Print 6409, an 16 act to amend the Tax Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the same date and in 21 the same manner as a chapter of the Laws of 22 2007. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 2144, Senator Klein [sic] 6 moves to discharge, from the Committee on 7 Rules, Assembly Bill Number 7076C and 8 substitute it for the identical Senate Bill 9 Number 6415, Third Reading Calendar 2144. 10 ACTING PRESIDENT GRIFFO: The 11 substitution is so ordered. 12 Calendar Number 2144 will be laid 13 aside temporarily. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2145, by the Senate Committee on Rules, Senate 17 Print 6418, an act to amend the Public Health 18 Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 6. This 22 act shall take effect on the same date and in 23 the same manner as a chapter of the Laws of 24 2007. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2146, by Senator Libous, Senate Print 6421, an 8 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 on the same date and in 13 the same manner as a chapter of the Laws of 14 2007. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 2147, Senator Montgomery moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 1353 and substitute it 25 for the identical Senate Bill Number 3154,

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(518) 371-8910 1 Third Reading Calendar 2147. 2 ACTING PRESIDENT GRIFFO: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 2147, by Member of the Assembly Aubertine, 7 Assembly Print Number 1353, an act to amend 8 the Family Court Act. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT GRIFFO: Senator 18 Wright, to explain his vote. 19 SENATOR WRIGHT: Thank you, 20 Mr. President. 21 I join Senator Montgomery and 22 encourage the adoption of this legislation. 23 As you may well be aware, for each 24 of the last three years, going back to 2005, 25 we have debated a series of bills attempting

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(518) 371-8910 1 to increase the penalties on individuals who 2 desecrate a cemetery, gravesites, tombstones, 3 et cetera. We unfortunately have not been 4 successful in having any of that legislation 5 adopted within the Assembly. 6 This particular bill is one that 7 has passed the Assembly. And as a result, I 8 encourage and have encouraged members to pass 9 Senator Montgomery's companion bill so in fact 10 we get a result, that we not be preoccupied 11 with sponsorship, minority or majority 12 affiliation, but in fact we get things done 13 for people who need to have issues addressed. 14 And that in fact is what this bill does. 15 I'll be glad to join with Senator 16 Montgomery voting aye. Thank you. 17 ACTING PRESIDENT GRIFFO: Senator 18 Wright to be recorded in the affirmative. 19 Senator Montgomery, to explain her 20 vote. 21 SENATOR MONTGOMERY: Yes, Mr. 22 President. I want to also just thank Senator 23 Wright for joining me in support of this 24 legislation. It's a small bill, but it's a 25 big issue.

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(518) 371-8910 1 And both he and I are in agreement 2 that this is a measure that we think makes a 3 lot of sense, that it requires restitution. 4 And I believe that most of the desecration of 5 cemeteries, or a lot of it, is done by 6 juveniles. And we would like to see them have 7 a form of punishment that is very, very 8 appropriate, and that is that it requires them 9 to do restitution and repair the damage that 10 they caused. 11 So I thank you, Senator Wright, and 12 I thank my colleagues for supporting and 13 certainly I hope that everyone will support 14 this legislation. 15 Thank you, Mr. President. 16 ACTING PRESIDENT GRIFFO: Senator 17 Montgomery to be recorded in the affirmative. 18 Announce the results. 19 THE SECRETARY: Ayes, 60. Nays, 20 0. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 We will now return to Calendar 24 Number 2144. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 2144, Senator Morahan moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 7076C and substitute it 4 for the identical Senate Bill Number 6415, 5 Third Reading Calendar 2144. 6 ACTING PRESIDENT GRIFFO: The 7 substitution is so ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 2144, by Member of the Assembly N. Rivera, 11 Assembly Print Number 7076C, an act to amend 12 the Public Health 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, 60. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 Senator Padavan, that completes the 24 noncontroversial reading of the calendar. 25 SENATOR PADAVAN: Thank you,

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(518) 371-8910 1 Mr. President. 2 May we return to the order of 3 messages from the Governor. 4 ACTING PRESIDENT GRIFFO: 5 Messages from the Governor. 6 The Secretary will read. 7 THE SECRETARY: The Governor 8 returned, without executive approval, Calendar 9 Number 181, Senate Print 3070, by Senator 10 Maziarz, Veto Number 27. 11 ACTING PRESIDENT GRIFFO: Senator 12 Padavan. 13 SENATOR PADAVAN: Mr. President, 14 I move that we lay said bill, as vetoed by the 15 Governor, on the desk. 16 ACTING PRESIDENT GRIFFO: So 17 ordered. 18 Senator Padavan. 19 SENATOR PADAVAN: Mr. President, 20 may we return to the order of motions and 21 resolutions. 22 ACTING PRESIDENT GRIFFO: We will 23 return to motions and resolutions. 24 SENATOR PADAVAN: I move to take 25 from the table Senate Bill Number 3070, as

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(518) 371-8910 1 vetoed by the Governor. 2 ACTING PRESIDENT GRIFFO: So 3 ordered. 4 Senator Padavan. 5 SENATOR PADAVAN: Mr. President, 6 I now move to override the Governor's veto of 7 said bill. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 181, by Senator Maziarz, Senate Print 3070, an 12 act to amend the Workers' Compensation Law: 13 Veto Message 27. 14 ACTING PRESIDENT GRIFFO: Senator 15 Padavan, the bill is before the house. 16 Senators, ought the same become a 17 law notwithstanding the veto of the Governor? 18 The Secretary will read the last 19 section. 20 THE SECRETARY: Section 6. 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, 60.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 motion to override the Governor's veto is 3 carried. 4 Senator Padavan. 5 SENATOR PADAVAN: There will be 6 an immediate meeting of the Rules Committee, 7 Mr. President. 8 ACTING PRESIDENT GRIFFO: There 9 will be an immediate meeting of the Rules 10 Committee in the Senate Majority Conference 11 Room. 12 The Senate will stand at ease. 13 (Whereupon, the Senate stood at 14 ease at 6:20 p.m.) 15 (Whereupon, the Senate reconvened 16 at 6:25 p.m.) 17 ACTING PRESIDENT GRIFFO: The 18 Senate will come to order. 19 Senator Padavan. 20 SENATOR PADAVAN: Mr. President, 21 I believe we have a report from the Rules 22 Committee at the desk. 23 ACTING PRESIDENT GRIFFO: We do 24 have a report from the Rules Committee at the 25 desk.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, reports the 4 following bill direct to third reading: 5 Assembly Print 9238, by Member of 6 the Assembly Hoyt, an act to amend Chapter 444 7 of the Laws of 1997 amending the General 8 Municipal Law. 9 ACTING PRESIDENT GRIFFO: Senator 10 Padavan. 11 SENATOR PADAVAN: Move to accept 12 the report of the Rules Committee. 13 ACTING PRESIDENT GRIFFO: On the 14 motion, all in favor signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT GRIFFO: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT GRIFFO: The 20 report of the Rules Committee is accepted. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 2120, by Member of the Assembly Hoyt, Assembly 24 Print Number 9238, an act to amend Chapter 444 25 of the Laws of 1997 amending the General

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(518) 371-8910 1 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, 60. 10 ACTING PRESIDENT GRIFFO: Senator 11 Alesi, to explain his vote. 12 SENATOR ALESI: Thank you, 13 Mr. President. 14 I had some initial concerns that 15 this bill would have a negative effect on some 16 local IDAs, not the least of which would be 17 one in my district, the Village of Fairport. 18 We've carefully looked at the bill 19 now, and I am satisfied that those concerns 20 about dismantling those local and very 21 worthwhile active IDAs such as the one that I 22 am concerned about no longer has the potential 23 negative impact that I originally spoke about 24 when I expressed my concerns about this bill. 25 And with that in mind, I think I'm

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(518) 371-8910 1 prepared to move forward in the affirmative in 2 an effort to join my colleagues in improving a 3 system of development that will benefit all of 4 New York State. 5 I will vote in the affirmative. 6 ACTING PRESIDENT GRIFFO: Senator 7 Alesi to be recorded in the affirmative. 8 Announce the results. 9 THE SECRETARY: In relation to 10 Calendar Number 2120, ayes, 59. Nays, 1. 11 Senator Padavan recorded in the negative. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 SENATOR PADAVAN: Mr. President, 15 if we could stand at ease just for a couple of 16 seconds, please. 17 ACTING PRESIDENT GRIFFO: The 18 Senate will stand at ease. 19 (Whereupon, the Senate stood at 20 ease at 6:27 p.m.) 21 (Whereupon, the Senate reconvened 22 at 6:28 p.m.) 23 ACTING PRESIDENT GRIFFO: Senator 24 Padavan. 25 SENATOR PADAVAN: Is there any

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(518) 371-8910 1 housekeeping at the desk? 2 ACTING PRESIDENT GRIFFO: There 3 is one item. 4 SENATOR PADAVAN: Calendar Number 5 2129, please recommit that bill to rules. 6 ACTING PRESIDENT GRIFFO: So 7 ordered. 8 There is no other housekeeping at 9 the desk. 10 SENATOR PADAVAN: Mr. President, 11 there will be an immediate meeting of the 12 Majority in the Majority Conference Room 13 immediately after session. 14 ACTING PRESIDENT GRIFFO: There 15 will be an immediate meeting of the Majority 16 conference in the Majority Conference Room 17 following session. 18 SENATOR PADAVAN: There being no 19 further business, I move we adjourn to the 20 call of the Majority Leader, intervening days 21 being legislative days. 22 ACTING PRESIDENT GRIFFO: On 23 motion, the Senate stands adjourned until the 24 call of the Majority Leader, intervening days 25 being legislative days.

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(518) 371-8910 1 SENATOR DILAN: Mr. President, 2 there will also be a meeting of the Minority 3 conference immediately after session. 4 ACTING PRESIDENT GRIFFO: There 5 will also be a meeting of the Minority 6 conference in the Minority Conference Room. 7 The Senate stands adjourned. 8 (Whereupon, at 6:30 p.m., the 9 Senate adjourned.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910