Tuesday, June 3, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 3, 2008 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, 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 MARCELLINO: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MARCELLINO: The 10 invocation today will be given by Reverend 11 Thomas Reid, pastor of Full Gospel Tabernacle 12 Church in Orchard Park. 13 REVEREND REID: Let us pray. 14 Almighty God, maker of heaven and 15 earth, we thank You for giving each one of us 16 in this room a calling, a destiny, even a 17 mandate to change our world. 18 Today, again, we face the challenge 19 of that calling on our lives. Give us wisdom 20 to make decisions that please You, to lay down 21 our lives on the altar of integrity even when 22 it costs us our reputation. For we would want 23 to be a true leader, always to do right even 24 when it sometimes may be politically 25 incorrect.

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(518) 371-8910 1 Make us big enough to be truly 2 great leaders. Give us wisdom, Lord, 3 creativity, ideas, inspiration, that may we 4 each go down in history as a man or a woman of 5 whom God can be proud. 6 Give us integrity to make right 7 decisions; courage when these decisions are 8 not popular; friends to walk with us even in 9 adversarial times; wisdom to know the right. 10 God, our world is in a mess. Help 11 us each to be an instrument of change. Help 12 us to stand up and be truly great. 13 In the words of Jesus, who said to 14 us: "Take up our cross and follow Him," Lord, 15 help each of us to take up that cross of 16 leadership, give up our lives for the people, 17 the nation, and the state to whom we have been 18 called to serve. 19 In the name of our Father, His Son, 20 and the Holy Spirit, amen. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Reverend. 23 May we have the reading of the 24 Journal. 25 THE SECRETARY: In Senate,

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(518) 371-8910 1 Monday, June 2, the Senate met pursuant to 2 adjournment. The Journal of Saturday, May 31, 3 was read and approved. On motion, Senate 4 adjourned. 5 ACTING PRESIDENT MARCELLINO: 6 Without objection, the Journal stands approved 7 as read. 8 May we have the presentation of 9 petitions. 10 Messages from the Assembly. 11 Messages from the Governor. 12 Reports of standing committees. 13 Reports of select committees. 14 Communications and reports from 15 state officers. 16 Motions and resolutions. 17 Senator Fuschillo. 18 SENATOR FUSCHILLO: Thank you, 19 Mr. President. 20 On behalf of Senator Owen Johnson, 21 I move that the following bill be discharged 22 from its respective committee and be 23 recommitted with instructions to strike the 24 enacting clause: Senate Print Number 7654. 25 ACTING PRESIDENT MARCELLINO: So

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(518) 371-8910 1 ordered. 2 SENATOR FUSCHILLO: Mr. 3 President, on behalf of Senator Nozzolio, on 4 page number 69 I offer the following 5 amendments to Calendar Number 1393, Senate 6 Print Number 7616, and ask that said bill 7 retain its place on the order of Third Reading 8 Calendar. 9 ACTING PRESIDENT MARCELLINO: The 10 amendments are accepted, and the bill will 11 retain its place on the Third Reading 12 Calendar. 13 SENATOR FUSCHILLO: Mr. 14 President, on behalf of Senator Libous, on 15 page number 21 I offer the following 16 amendments to Calendar Number 519, Senate 17 Print Number 5358, and ask that said bill 18 retain its place on Third Reading Calendar. 19 ACTING PRESIDENT MARCELLINO: The 20 amendments are accepted, and the bill will 21 retain its place on the Third Reading 22 Calendar, Senator. 23 SENATOR FUSCHILLO: Thank you, 24 Mr. President. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 You're welcome, Senator. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, I 4 believe there are substitutions to be made at 5 this time. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read the substitutions. 8 THE SECRETARY: On page 8, 9 Senator LaValle moves to discharge, from the 10 Committee on Judiciary, Assembly Bill Number 11 9038 and substitute it for the identical 12 Senate Bill Number 1268, Third Reading 13 Calendar 179. 14 On page 30, Senator Leibell moves 15 to discharge, from the Committee on Veterans, 16 Homeland Security and Military Affairs, 17 Assembly Bill Number 1375 and substitute it 18 for the identical Senate Bill Number 3640, 19 Third Reading Calendar 738. 20 On page 35, Senator Seward moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 9181A and substitute it 23 for the identical Senate Bill Number 5800A, 24 Third Reading Calendar 884. 25 On page 44, Senator Trunzo moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 10318 and substitute it 3 for the identical Senate Bill Number 7219, 4 Third Reading Calendar 1080. 5 On page 46, Senator Morahan moves 6 to discharge, from the Committee on Mental 7 Health and Developmental Disabilities, 8 Assembly Bill Number 9355 and substitute it 9 for the identical Senate Bill Number 8089, 10 Third Reading Calendar 1102. 11 On page 65, Senator DeFrancisco 12 moves to discharge, from the Committee on 13 Investigations and Government Operations, 14 Assembly Bill Number 5943 and substitute it 15 for the identical Senate Bill Number 7042, 16 Third Reading Calendar 1346. 17 On page 66, Senator Bonacic moves 18 to discharge, from the Committee on Rules, 19 Assembly Bill Number 10755 and substitute it 20 for the identical Senate Bill Number 7804, 21 Third Reading Calendar 1353. 22 On page 77, Senator Morahan moves 23 to discharge, from the Committee on 24 Corporations, Authorities and Commissions, 25 Assembly Bill Number 10592 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 7483, 2 Third Reading Calendar 1501. 3 And on page 80, Senator Volker 4 moves to discharge, from the Committee on 5 Higher Education, Assembly Bill Number 9222A 6 and substitute it for the identical Senate 7 Bill Number 6295A, Third Reading Calendar 8 1527. 9 ACTING PRESIDENT MARCELLINO: The 10 substitutions are ordered. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 if we could adopt the Resolution Calendar, 14 with the exception of Resolution 6218. 15 ACTING PRESIDENT MARCELLINO: All 16 in favor of adopting the Resolution Calendar, 17 with the exception of Resolution 6218, signify 18 by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT MARCELLINO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT MARCELLINO: The 24 Resolution Calendar is adopted. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 Resolution 6218, by Senator Stachowski, is at 3 the desk. If we could have the title read, 4 move for its immediate adoption, and open it 5 up for cosponsorship. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Stachowski, Legislative Resolution Number 10 6218, mourning the death of James D. Griffin, 11 former Mayor of the City of Buffalo and 12 devoted member of his community. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Stachowski. 15 SENATOR STACHOWSKI: Yes, 16 Mr. President. 17 Last week we buried James Griffin 18 at Our Lady of Victory Basilica. And Jim 19 Griffin was a member of the State Senate -- 20 actually, one person in between he and I. 21 And after that, he was the 22 longest-serving mayor in the history of the 23 City of Buffalo, a very colorful character, 24 responsible for the baseball stadium going 25 downtown, one of the major things that brought

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(518) 371-8910 1 people back to downtown Buffalo at a time when 2 anybody in the suburbs didn't want to come 3 downtown. And so it was one of the many 4 things he did. 5 He was a long-serving mayor, 6 sometimes could be somewhat controversial, had 7 an in-your-face style that served him very 8 well. And I would be remiss if we didn't put 9 a resolution in for him and open it up to 10 everybody here, as he was a member of the 11 Senate. 12 And actually, some of the members 13 on the other side served with Jimmy Griffin 14 when he was here. And as they would tell you, 15 Jimmy Griffin was his own man. He went to his 16 own drumbeat, and he told you the way he 17 thought it was. And you could never dislike 18 him for that. You might not always agree with 19 him, you couldn't always be on the same team, 20 but you always had to respect the man as a 21 hard worker and as an individual. 22 And he had many friends on both 23 sides of the aisle when he was here. 24 Actually, he gave up a leadership position 25 because he couldn't vote with the conference

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(518) 371-8910 1 when he was here, and went to then Leader 2 Ohrenstein and said "You've got to take this 3 back, I can't do this. I can't support some 4 of these positions, so I don't think I should 5 have this leadership spot." 6 Not something you see often. Maybe 7 never, other than him. But that was Jimmy 8 Griffin. 9 And he was devoted to his family, 10 and just was quite an individual. And I would 11 be remiss if I hadn't stood up and said a few 12 words about Jim Griffin, who also happened to 13 be a friend of mine. 14 Thank you. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator. 17 Senator Rath. 18 SENATOR RATH: Thank you, 19 Mr. President. 20 Thank you, Senator Stachowski, for 21 putting in the resolution for Mayor Griffin. 22 And it had crossed my mind; I had not acted 23 upon it. Thank you also for opening it up for 24 other members, as I'm sure it will be a 25 comfort to their family to know that the

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(518) 371-8910 1 members not only from the Western New York 2 delegation, but all who served with 3 His Honor -- which of course was what he was 4 always known as, lovingly, throughout Western 5 New York. 6 And there were of course many 7 articles in the paper in Western New York, and 8 comments. But one of the things that I 9 thought was most telling, for those of you who 10 did not know Jimmy Griffin -- and of course 11 for the members who did serve with him do 12 remember about him -- he was feisty, and he 13 was so proud of Buffalo. 14 And one of the comments was that 15 "Like his city, a feisty city that will keep 16 coming back, that was Jimmy Griffin. He'd 17 keep coming back at you till he got the job 18 done." 19 And hopefully Western New York, as 20 it tries to come back from the difficulties 21 that we've had economically through the 22 years -- downtown Buffalo will always remember 23 His Honor and how hard he worked to get the 24 baseball stadium. And some of the economic 25 development programs that are now showing

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(518) 371-8910 1 fruition and coming into place were started at 2 the time that Mayor Griffin was there. And so 3 it's very appropriate that we recognize him 4 today. 5 Thank you. 6 ACTING PRESIDENT MARCELLINO: 7 Thank you, Senator Rath. 8 Senator Maltese. 9 SENATOR MALTESE: I first want to 10 thank Senator Stachowski, Senator Volker and 11 Senator Rath for putting in the resolution. 12 Jimmy was indeed a rare individual, 13 an old-line politician who was not shirking 14 from the word "politician." His handshake was 15 the Rock of Gibraltar. As Senator Stachowski 16 has said, he did not shy from controversy, he 17 thrived on it. 18 He loved controversy, but his 19 principles were absolutely rock solid. He was 20 a man that he gave you his word, and you could 21 take it to the bank. He was absolutely 22 unique. He exemplified the City of Buffalo, 23 exemplified Western New York. 24 We at that time in the Conservative 25 Party worked closely with him, were proud that

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(518) 371-8910 1 he ran on our line. And certainly he was a 2 patriotic, God-fearing American, and we're 3 sorry to lose his kind. He was an absolutely 4 unique individual, and he'll be sorely missed 5 by his friends and all who loved him. 6 ACTING PRESIDENT MARCELLINO: 7 Thank you, Senator. 8 Senator Volker. 9 SENATOR VOLKER: Mr. President, 10 Jimmy Griffin was an original, as was said 11 here. 12 I have to confess that Jimmy 13 Griffin did not get elected mayor of the City 14 of Buffalo on either the Democrat or 15 Republican lines. He ran on a Conservative 16 and Independence line. The only time in my 17 career that I didn't support the Republican 18 candidate for any countywide or city office 19 was in my support for Jimmy Griffin to be 20 mayor of Buffalo when he won on the 21 Independence and Conservative line. And the 22 reason I did, very honestly, was because Jim 23 Griffin was a lot more Republican than the 24 candidate who ran on the Republican line. 25 He was a personal friend. He was a

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(518) 371-8910 1 gentleman, in a way. And I say that because 2 there were times when Jimmy reverted to the 3 old South Buffalo creed -- which my family, by 4 the way, came out of -- and that was if 5 somebody hates you, why, you deal in kind. 6 But he was a great guy. His wife, 7 Marge, and the kids have suffered a great 8 loss. 9 But I have to tell that you he was 10 an original. And as I think Bill said, Mary 11 Lou, and Serph, he's the kind of person who 12 you'd like to be in a foxhole with. And we've 13 used that term a few times, but as far as 14 politicians are concerned, we know exactly 15 what it means. 16 So I wish Jimmy Griffin God's rest 17 and peace. 18 ACTING PRESIDENT MARCELLINO: The 19 question is on the resolution. All in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT MARCELLINO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 resolution is adopted. 2 And the resolution, at Senator 3 Stachowski's request, is open to all the 4 members. Anyone not wishing to be on the 5 resolution please notify the desk. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 if we could go to the noncontroversial reading 9 of the calendar. 10 ACTING PRESIDENT MARCELLINO: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 71, by Senator Maziarz, Senate Print 6678, an 14 act to amend the Retirement and Social 15 Security Law, in relation to establishing a 16 performance of duty. 17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MARCELLINO: 25 Senator Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 I just want to point out to my 4 colleagues that this is an excellent bill, 5 excellent. And I encourage everyone to 6 enthusiastically vote yes. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator Duane. 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 54. Nays, 13 0. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 179, substituted earlier today by Member of 18 the Assembly Weinstein, Assembly Print Number 19 9038, an act to amend the Estates, Powers and 20 Trusts Law, in relation to trust accounting. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 54. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 381, by Senator Trunzo, Senate Print 4689A, an 8 act to amend the Retirement and Social 9 Security Law, in relation to improving. 10 ACTING PRESIDENT MARCELLINO: 11 There is a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 54. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 384, by Senator Larkin, Senate Print 6901, an 23 act to amend the Retirement and Social 24 Security Law, in relation to expanding 25 eligibility.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section, please. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 520, by Senator Padavan, Senate Print 5865, an 13 act to amend the Vehicle and Traffic Law and 14 the Criminal Procedure Law, in relation to 15 unlawful solicitation. 16 ACTING PRESIDENT MARCELLINO: 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 54. Nays, 24 1. Senator Perkins recorded in the negative. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 646, by Senator Volker, Senate Print 4953, an 4 act to amend the Penal Law, in relation to 5 imposition of certain fees. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 708, by Senator Griffo, Senate Print 7167A, an 18 act to amend the Highway Law and the Vehicle 19 and Traffic Law, in relation to maintenance. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the 120th day. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 738, substituted earlier today by Member of 7 the Assembly Brodsky, Assembly Print Number 8 1375, an act to amend the Executive Law, in 9 relation to local disaster preparedness. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section, please. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 56. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 741, by Senator Leibell, Senate Print -- 22 SENATOR SKELOS: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT MARCELLINO: Lay 25 that bill aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 764, by Senator Volker, Senate Print 5026, an 3 act to amend the Penal Law, in relation to 4 establishing. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 884, substituted earlier today by Member of 18 the Assembly Morelle, Assembly Print Number 19 9181A, an act to amend the Insurance Law, in 20 relation to life insurance contracts. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 897, by Senator Fuschillo, Senate Print 7370, 8 an act to amend the General Business Law, in 9 relation to application. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 934, by Senator Robach, Senate Print 7849, an 22 act to amend the Labor Law, in relation to 23 requiring employers. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 60th day. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 992, by Senator Padavan, Senate Print 7072, an 11 act to amend the Penal Law, in relation to 12 penalties. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section, please. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 992 are 22 Senators Duane, Hassell-Thompson, Perkins and 23 Serrano. 24 Ayes, 53. Nays, 4. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1004, by Senator Volker, Senate Print 7640, an 4 act to amend the Criminal Procedure Law, in 5 relation to execution of bench warrants. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 60th day. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1006, by Senator Skelos, Senate Print 5406A, 18 an act to amend the Retirement and Social 19 Security Law, in relation to providing. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1020, by Senator Volker, Senate Print 7035, an 7 act to amend the Vehicle and Traffic Law, in 8 relation to requiring. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1021, by Senator Saland, Senate Print 7159, an 21 act to amend the Highway Law, in relation to 22 creating a State Trooper Highway Memorial Task 23 Force. 24 ACTING PRESIDENT MARCELLINO: 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 MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1054, by -- 11 SENATOR SKELOS: Lay it aside for 12 the day, please. 13 ACTING PRESIDENT MARCELLINO: Lay 14 that bill aside for the day. 15 THE SECRETARY: Calendar Number 16 1080, substituted earlier today by Member of 17 the Assembly Fields, Assembly Print Number 18 10318, an act to amend the Real Property Tax 19 Law, in relation to limiting base proportion. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1102, substituted earlier today by Member of 7 the Assembly Rivera, Assembly Print Number 8 9355, an act to amend the Geriatric Mental 9 Health Act, in relation to membership. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1115, by Senator C. Kruger, Senate Print 8147, 22 an act to amend the Social Services Law, in 23 relation to requiring. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1133, by Senator DeFrancisco, Senate Print 11 6358A, an act to amend the State Finance Law, 12 in relation to agency expenditure reporting. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section, please. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of January 17 next succeeding. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll, please. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MARCELLINO: 22 Senator DeFrancisco, to explain his vote. 23 SENATOR DeFRANCISCO: Yes, I 24 think this bill hopefully will pass 25 unanimously, but I think it's an extremely

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(518) 371-8910 1 important bill, especially in the economic 2 climate we're in right now. 3 The Governor has warned on many 4 occasions that the revenues that are coming in 5 have not been as great as were anticipated and 6 we're going to have a rough budget year last 7 year. In fact, he's already talked about an 8 across the board 3, 4 percent decrease in all 9 budgets, all areas of state government, which 10 is one way to deal with an issue. 11 But when you do that, you're 12 cutting out great programs and allowing other 13 programs to survive even though they have very 14 little value anymore. 15 The value of this bill is that the 16 Legislature has, for the last 10 years, been 17 disclosing every nickel of every member, what 18 has been paid for. What we're paying for, 19 what it will be used for, that's totally open 20 to public scrutiny. 21 That's not true with any other 22 branch of government, including the Executive 23 and Judiciary and agencies. That's just not 24 right. We should have full disclosure of all 25 the dollars that are spent by every agency,

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(518) 371-8910 1 the Executive, the Judiciary, and that 2 disclosed every six months, just like the 3 Legislature has been doing for the last 4 10 years. 5 So this bill is important for us to 6 pass in this house, which we did last year. 7 And hopefully the message will get across to 8 the other side of the floor here and have the 9 Assembly pass it, because we need this tool in 10 order to realistically and professionally make 11 our judgments with respect to the size of the 12 budget and where the cuts are going to be next 13 year. 14 I vote aye. 15 ACTING PRESIDENT MARCELLINO: 16 Senator DeFrancisco, you will be recorded in 17 the affirmative. 18 Senator Maziarz, to explain his 19 vote. 20 SENATOR MAZIARZ: Thank you very 21 much. To explain my vote, Mr. President. 22 I agree with my colleague Senator 23 DeFrancisco: Transparency saves money. And, 24 you know, the Governor is talking about 25 reducing expenditures.

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(518) 371-8910 1 And the newspaper recently reported 2 that the State Judiciary, which does not 3 report their expenditures like we do every six 4 months, is going to be holding a seminar this 5 summer at a posh Westchester golf resort. I 6 don't know how much training is going to go on 7 during the course of this seminar; I suspect 8 very little. I hope I'm wrong. 9 But one has to wonder, if they had 10 to disclose this, if they had to put this in 11 the budget as a training seminar at a posh 12 Westchester golf course, whether it would have 13 ever taken place or be paid for by the 14 taxpayers of this state to the tune of 15 1.6 million wasted dollars. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Maziarz will be recorded in the 19 affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 59. Nays, 22 0. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1184, by Senator Winner, Senate Print 8032, an 2 act to amend the Civil Service Law, in 3 relation to examinations. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 120th day. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MARCELLINO: 12 Senator Duane, to explain his vote. 13 SENATOR DUANE: Thank you, 14 Mr. President. 15 Unfortunately, this is not an 16 excellent bill. 17 There is a section which is all 18 right, which is on page 2, lines 15 to 22, 19 which goes to the point of that the only way 20 to know whether or not you have been infected 21 is by getting tested, and the most important 22 thing that you can do is to immediately take 23 prophylactics. 24 Obviously, in correctional 25 facilities, everyone should be supplied with

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(518) 371-8910 1 latex gloves. And the risk of contracting HIV 2 in this kind of a setting is beyond minuscule, 3 and I am concerned that we send the wrong 4 message. 5 I think my colleagues will be 6 pleased to know that soon we will have very 7 good language which will address the issue of 8 occupational dangers, if you will. And I 9 would encourage my colleagues to vote no and 10 just wait a little more time in the pending 11 negotiations between both houses and many 12 health commissioners. 13 We should have good language to 14 deal with the issue that's raised in this 15 bill, so I'm encouraging my colleagues to vote 16 no on this. 17 Thank you, Mr. President. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Duane will be recorded in the 20 negative. 21 Senator Hassell-Thompson, to 22 explain her vote. 23 SENATOR HASSELL-THOMPSON: Well, 24 actually, I wasn't going to explain my vote. 25 I thought we were still in the stage where we

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(518) 371-8910 1 could ask questions. But I'll accept the 2 edict. 3 To explain my vote, I will be 4 voting no on this bill. Particularly because 5 I had thought that at some point, with all the 6 explanations that have been given and what the 7 Health Department has clearly set out as a 8 basis for transmission of HIV and AIDS, that 9 we would have learned something in these 10 chambers. And apparently we haven't. 11 The Health Department makes a 12 certain determination, and there are all kinds 13 of protections for people who work with people 14 who are infected as well as families who are 15 affected by HIV and AIDS. 16 In my past life, I was an educator 17 for HIV and AIDS, training people about the 18 modes of transmission, and helped the Health 19 Department to do a lot of outreach to ensure 20 that we did not create a panic among the 21 community in terms of how this disease is 22 transmitted. 23 We are in 2008, we are much further 24 along in that which we know about HIV and 25 AIDS, and yet in this chamber we still seem to

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(518) 371-8910 1 be in the Dark Ages. And that is reflected by 2 the way in which we fail to recognize and to 3 do the kind of outreach that we need to do and 4 the understanding that we need to have about 5 what this disease really means, the kind of 6 money that we should be putting in the budgets 7 for the care, treatment and research. 8 And then when we become punitive in 9 terms of how we structure the legislation 10 around this condition, that tells us that we 11 really have a long way to go in terms of 12 educating members of this chamber. 13 So I will continue to vote no, and 14 I will continue to do my part to educate my 15 colleagues as to how we need to be more 16 proactive as opposed to reactive to bills that 17 come before us regarding HIV and AIDS. 18 Thank you, Mr. President. 19 ACTING PRESIDENT MARCELLINO: 20 Thank you, Senator Hassell-Thompson. You will 21 be recorded in the negative. 22 Does anyone else want to explain 23 their vote? 24 Announce the results, please. 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1184 are 2 Senators Adams, Dilan, Duane, Gonzalez, 3 Hassell-Thompson, L. Krueger, Perkins, Sabini, 4 and Schneiderman. Also Senator Montgomery. 5 Also Senator Serrano. 6 Ayes, 49. Nays, 11. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 Senator Montgomery, why do you 10 rise? 11 SENATOR MONTGOMERY: Yes, 12 Mr. President, I would like the record to show 13 that had I been in the chamber when Calendar 14 992 was voted upon, I would have voted in the 15 negative. 16 ACTING PRESIDENT MARCELLINO: The 17 record will so reflect, Senator. 18 SENATOR MONTGOMERY: Thank you. 19 ACTING PRESIDENT MARCELLINO: The 20 Secretary will continue reading the 21 noncontroversial calendar. 22 THE SECRETARY: Calendar Number 23 1214, by Senator Winner, Senate Print 3229, an 24 act to amend the General Municipal Law, in 25 relation to fees payable.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of January. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1220, by Senator Little, Senate Print 7538, an 13 act to amend the Real Property Tax Law, in 14 relation to exemption reports. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1247, by Senator Robach, Senate Print 8206, an 2 act to amend the Labor Law, in relation to 3 confidentiality. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section, please. 6 THE SECRETARY: Section 11. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1259, by Senator Larkin, Senate Print 7414, an 16 act to amend the Tax Law, in relation to 17 making technical amendments. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section, please. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1278, by Senator Golden, Senate Print 8170, an 5 act to amend the Executive Law, in relation to 6 directing the Office of Children and Family 7 Services. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1299 -- 20 SENATOR SKELOS: Lay it aside for 21 the day, please, at the request of Senator 22 Connor. 23 ACTING PRESIDENT MARCELLINO: Lay 24 the bill aside for the day. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1317, by Senator Padavan, Print 8157A, an act 2 to amend the Local Finance Law, in relation to 3 the sale of bonds and notes. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 10. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1341, by Senator Flanagan, Senate Print 3850, 16 an act to amend the Public Officers Law, in 17 relation to making information. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1346, substituted earlier 5 today by Member of the Assembly Markey, 6 Assembly Print Number 5943, an act to amend 7 the Public Officers Law. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MARCELLINO: 16 Senator DeFrancisco, to explain his vote. 17 SENATOR DeFRANCISCO: This bill 18 is a significant advancement to open meetings, 19 with respect to the fact that documents about 20 which public meetings are going to be about, 21 the things that are going to be discussed, 22 have to be provided to the public within 23 72 hours before the meeting. 24 This bill has passed the Assembly 25 already, so it's likely to become law once it

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(518) 371-8910 1 passes here today. I would think that the 2 Governor would want this available so that the 3 public now will not only be able to observe, 4 but also know what they're observing, because 5 they'll be entitled to the documents that are 6 being discussed at those public meetings. 7 So it's a significant bill, and I'd 8 urge everyone to vote in the affirmative. 9 ACTING PRESIDENT MARCELLINO: 10 Announce the results, please. 11 THE SECRETARY: Ayes, 60. Nays, 12 0. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1349, by Senator Young, Senate Print 7637, an 17 act to amend the Public Officers Law and the 18 Town Law, in relation to providing. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1353, substituted earlier today by Member of 6 the Assembly Gunther, Assembly Print Number 7 10755, an act authorizing the Commissioner of 8 General Services. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1367, by Senator Winner, Senate Print 8024A, 21 an act authorizing the Chemung County/City of 22 Elmira Regional Civil Service Commission. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 10. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1376, by Senator Rath, Senate Print 1758, an 10 act to amend the Penal Law, in relation to 11 assaults. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section, please. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. Nays, 21 1. Senator Montgomery recorded in the 22 negative. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1377, by Senator DeFrancisco, Senate Print 2 1826, an act to amend the Civil Rights Law, in 3 relation to confidentiality. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1382, by Senator Robach, Senate Print 3222, an 16 act to amend the Penal Law, in relation to 17 expanding the crime of robbery. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section, please. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1388, by Senator Flanagan, Senate Print 6440, 6 an act to amend the Penal Law, in relation to 7 amending the definitions. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. Nays, 16 2. Senators Duane and Montgomery recorded in 17 the negative. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1390, by Senator -- 22 SENATOR SKELOS: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT MARCELLINO: The 25 bill will be laid aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1391, by Senator Larkin, Senate Print 7469, an 3 act to amend the Criminal Procedure Law, in 4 relation to designating. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section, please. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. Nays, 13 2. Senators Duane and L. Krueger recorded in 14 the negative. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1395, by Senator Skelos, Senate Print -- 19 SENATOR SKELOS: Lay it aside for 20 the day, please. 21 ACTING PRESIDENT MARCELLINO: Lay 22 the bill aside for the day. 23 THE SECRETARY: Calendar Number 24 1403, by Senator Volker, Senate Print 7978, an 25 act to amend the Criminal Procedure Law, in

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(518) 371-8910 1 relation to granting certain federal law 2 enforcement officers. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1409, by Senator Marcellino, Senate Print 633, 15 an act to amend the Vehicle and Traffic Law, 16 in relation to aggravated unlicensed 17 operation. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1452, by Senator Winner, Senate Print 5980, an 5 act to amend the Correction Law, in relation 6 to enacting the Drug Dealer Registration Act. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 180th day. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MARCELLINO: 15 Senator Schneiderman, to explain his vote. 16 SENATOR SCHNEIDERMAN: Thank you, 17 Mr. President. 18 I'm going to be voting against this 19 bill, as I have in the past. It's called the 20 Drug Dealer Registration Act, and it says that 21 it is to address the fact that the criminal 22 sale of marijuana -- and I'm reading from the 23 sponsor's memo -- and other substances is 24 reaching epidemic proportions in many of our 25 communities, and that we therefore need a bill

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(518) 371-8910 1 modeled on Megan's Law because sex offenders 2 pose a risk to children and, in other 3 instances, adult women, and drug dealers, it 4 says, pose a risk to all people. 5 I think we should actually call 6 this bill the Reentry Prevention Act, because 7 what this does is lumps all drug dealers 8 together, including marijuana dealers. It 9 claims that there's a problem in some smaller 10 communities because dealers are moving there. 11 We know, and I've seen a lot of 12 data on this, working in the sentencing 13 commission, that the overwhelming majority of 14 offenders -- in excess of 90 percent -- move 15 back to their home communities after being 16 released from prison. And many of the people 17 who are convicted of drug offenses are trying 18 to get clean and do get clean. 19 This bill doesn't distinguish 20 between a drug kingpin and someone who's 21 basically an addict who completes successfully 22 a treatment program in prison and is trying to 23 make their way in society. 24 This would impose a tremendous cost 25 because it requires us to constantly update

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(518) 371-8910 1 this list of people who are moving around 2 because they are poor, they're trying to make 3 their way, they move from place to place as 4 they're trying to get back doing what they're 5 doing. 6 And it's based on a fundamentally 7 flawed assumption. There's some argument that 8 you may want to know where sex offenders are 9 because they have a compulsion that's not 10 treatable and they may pose a threat to people 11 right around them. There is no evidence of 12 any kind that drug dealers are going to 13 necessarily transact their business anywhere 14 close to where they live or that they pose 15 this kind of a threat to their immediate 16 environment, the immediate environment of 17 where they are located. In fact, there's a 18 lot of evidence that they move away from their 19 homes to ply their illegal trade. 20 So maybe we shouldn't call this the 21 Reentry Prevention Bill, maybe we should call 22 it the Zagat's Guide for Junkies Bill. 23 Because as far as I can tell, the only people 24 who would benefit from this bill -- and maybe 25 this is Senator Winner's intent -- hey, my

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(518) 371-8910 1 coke dealer just got locked up. Where will we 2 go? Oh, hey, there's this handy guide 3 provided for us by the State of New York to 4 where all the coke dealers are. Let's look up 5 on Senator Winner's registry and find out 6 where they are. 7 I can't really understand who else 8 would benefit from this bill. This is lumping 9 in apples and oranges, pears, grapefruits and 10 automobiles. It's a bad idea based on a 11 flawed premise, poorly articulated, inartfully 12 drafted, and should be rejected by this house. 13 Thank you, Mr. President. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Schneiderman, how do you vote? 16 SENATOR SCHNEIDERMAN: I'm 17 leaning towards no. 18 (Laughter.) 19 ACTING PRESIDENT MARCELLINO: You 20 will be recorded in the negative. 21 Senator Montgomery. 22 SENATOR MONTGOMERY: Yes, 23 Mr. President, I will also join my colleague 24 in voting no on this legislation. 25 And I note that the bill

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(518) 371-8910 1 indicates -- the sponsor's memo indicates that 2 this is a drug dealer's registration act. But 3 it is my understanding that the most prevalent 4 illegal drugs in use are prescription drugs, 5 and so there's no indication that this in any 6 way deals with that problem. 7 So what do we do about pharmacies 8 that distribute drugs, and what do we do about 9 illegal drugs that are actually prescription 10 drugs that young people seem to prefer these 11 days? 12 So I'm going to, in addition to the 13 wonderful explanation that Senator 14 Schneiderman has given, I'm going to vote no 15 because of that. 16 Thank you. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Volker. 19 SENATOR VOLKER: Mr. President, I 20 just received an explanation from Senator 21 Schneiderman that I certainly don't agree 22 with, in that I don't believe that all drug 23 users are dealers. 24 This is the drug dealers act, not 25 the drug users. The assumption that all drug

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(518) 371-8910 1 users are somehow drug dealers doesn't fit. 2 And this bill deals with drug dealers. 3 I have always thought that -- I 4 happen to agree with things that people have 5 said, that drug users sometimes need help. 6 Drug dealers need help in going to jail, 7 because they're the ones that infect other 8 people and in many cases kill people. 9 So I'm going to support this bill 10 because I don't see where this deals with drug 11 users necessarily, but it certainly does deal 12 with drug dealers, and I agree with that 13 concept. 14 I vote aye. 15 ACTING PRESIDENT MARCELLINO: You 16 will be recorded in the affirmative, Senator 17 Volker. 18 Senator Winner. 19 SENATOR WINNER: Thank you, 20 Mr. President. 21 Obviously I rise in support of this 22 measure. And I'm surprised at the remarks of 23 Senator Schneiderman. I didn't know that we 24 had a drug dealer lobbyist or a drug dealer 25 PAC out there that is in support of these

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(518) 371-8910 1 individuals for which he is so articulately 2 arguing in favor of. 3 This is a measure that is supported 4 by numerous law enforcement agencies and 5 organizations throughout this state who 6 believe that in an effort to try to have 7 safety in their communities, that it's 8 extraordinarily important to know where 9 serious drug dealing offenders are residing. 10 And in that knowledge, they are 11 going to be able to protect their communities 12 by being able to monitor whether there are 13 suspicious comings and goings in those 14 particular areas, so as to protect their 15 community. 16 I don't think that we need to make 17 light of the concerns of law enforcement as to 18 the presence of some of these individuals nor 19 their desire to be able to make sure that 20 their communities are safe. 21 So this measure, rather than being 22 characterized as Senator Schneiderman has 23 done, is a serious proposal dealing with 24 serious community safety and serious 25 quality-of-life issues where communities are

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(518) 371-8910 1 victimized by the presence of some of these 2 individuals. 3 And so under those circumstances, 4 Mr. President, I think this is a bill that 5 deserves overwhelming support, as it got last 6 year in support from this body. 7 So I vote aye. 8 ACTING PRESIDENT MARCELLINO: 9 Announce the results, please. 10 ACTING PRESIDENT MARCELLINO: 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1452 are 13 Senators Adams, Dilan, Duane, Gonzalez, 14 Hassell-Thompson, L. Krueger, Montgomery, 15 Parker, Perkins, Schneiderman and Serrano. 16 Ayes, 49. Nays, 11. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1492, by Senator Maziarz, Senate Print 7341, 21 an act to amend the General Municipal Law, in 22 relation to expanding. 23 ACTING PRESIDENT MARCELLINO: 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 first of January 2 next succeeding. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. Nays, 7 2. Senators Duane and Padavan recorded in the 8 negative. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1494, by Senator Farley, Senate Print 8121, an 13 act to amend the Town Law, in relation to 14 certain local fire companies. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section, please. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1501, substituted earlier today by Member of 2 the Assembly Weisenberg, Assembly Print Number 3 10592, an act to amend Chapter 373 of the Laws 4 of 1998, amending the Public Authorities Law. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section, please. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1503, by Senator Volker, Senate Print 7696, an 17 act to amend the Public Authorities Law, in 18 relation to accessibility. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section, please. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1517, by Senator Morahan, Senate Print 7674, 6 an act to amend the Mental Hygiene Law and the 7 Executive Law, in relation to review of 8 criminal history. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 6. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. Nays, 17 1. Senator Montgomery recorded in the 18 negative. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1521, by Senator Morahan, Senate Print 8254, 23 an act to amend the Mental Hygiene Law, in 24 relation to creating an advisory council. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect January 1, 2009. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1527, substituted earlier today by Member of 12 the Assembly Gabryszak, Assembly Print Number 13 9222A, an act to amend the Education Law. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1533, by Senator Flanagan, Senate Print 7952A,

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(518) 371-8910 1 an act authorizing the State University of 2 New York. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section, please. 5 THE SECRETARY: Section 11. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MARCELLINO: 11 Senator Stavisky, to explain her vote. 12 SENATOR STAVISKY: Yeah, I raised 13 some issues with this legislation in the 14 Higher Ed Committee several weeks ago. 15 Primarily, I was concerned about 16 money, about the Stony Brook Foundation and 17 not the university, to construct -- to make 18 arrangements to construct the science and math 19 facility. I've been assured that the 20 donation, which is a rather large one, was 21 given to the foundation and not to the 22 university. 23 I did have some concerns, which 24 were answered. And I vote aye. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Announce the results, please. 2 THE SECRETARY: Ayes, 61. Nays, 3 0. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 Senator Skelos, that completes the 7 noncontroversial reading of the calendar. 8 SENATOR SKELOS: Please recognize 9 Senator Seward. I believe he has a motion. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Seward. 12 SENATOR SEWARD: Yes, 13 Mr. President. On page 47, I offer the 14 following amendments to Calendar Number 1114, 15 Senate Print Number 7982, and ask that the 16 said bill retain its place on the Third 17 Reading Calendar. And I do so on behalf of 18 Senator Saland. 19 ACTING PRESIDENT MARCELLINO: The 20 amendments are accepted, and the bill will 21 retain its place on the Third Reading 22 Calendar. 23 Senator Seward. 24 SENATOR SEWARD: Also on behalf 25 of Senator Saland, on page number 43 I offer

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(518) 371-8910 1 the following amendments to Calendar Number 2 1039, Senate Print Number 7981, and ask that 3 that bill retain its place on the Third 4 Reading Calendar. 5 ACTING PRESIDENT MARCELLINO: The 6 amendments are received and accepted, and the 7 bill will retain its place on the Third 8 Reading Calendar. 9 SENATOR SEWARD: Thank you, 10 Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Thank you, Senator Seward. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 is there any further business at the desk? 16 ACTING PRESIDENT MARCELLINO: The 17 desk is clear. 18 SENATOR SKELOS: There being 19 none, Mr. President, I move that we stand 20 adjourned until Wednesday, June 4th, at 21 11:00 a.m. 22 ACTING PRESIDENT MARCELLINO: 23 There being no further business to come before 24 the Senate, on motion, the Senate stands 25 adjourned until Wednesday, June 4th, at

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(518) 371-8910 1 11:00 a.m. 2 (Whereupon, at 4:00 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910