Thursday, June 5, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 5, 2008 11 11:02 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR GEORGE H. WINNER, JR., Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Leibell. 8 SENATOR LEIBELL: Thank you, 9 Mr. President. 10 I move to recommit Senate Print 11 Number 7565, Calendar Number 1199 on the order 12 of third reading, to the Committee on 13 Transportation, with instructions to said 14 committee to strike out the enacting clause. 15 ACTING PRESIDENT WINNER: So 16 ordered. 17 Senator Leibell. 18 SENATOR LEIBELL: Mr. President, 19 on behalf of Senator Farley, I wish to call up 20 Senate Print Number 902A, recalled from the 21 Assembly, which is now at the desk. 22 ACTING PRESIDENT WINNER: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 44, by Senator Farley, Senate Print 902A, an

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(518) 371-8910 1 act to amend the Public Health Law. 2 SENATOR LEIBELL: Mr. President, 3 I now move to reconsider the vote by which 4 this bill was passed. 5 ACTING PRESIDENT WINNER: Call 6 the roll on reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 42. 9 SENATOR LEIBELL: Mr. President, 10 I now offer the following amendments. 11 ACTING PRESIDENT WINNER: The 12 amendments are received and adopted. 13 Senator Leibell. 14 SENATOR LEIBELL: Mr. President, 15 on behalf of Senator Bonacic, please place a 16 sponsor's star on Calendar Numbers 929, 930, 17 and 931. 18 ACTING PRESIDENT WINNER: So 19 ordered. 20 Senator Leibell. 21 SENATOR LEIBELL: Mr. President, 22 amendments are offered to the following Third 23 Reading Calendar bills: 24 By Senator Fuschillo, page 15, 25 Calendar Number 368, Senate Print 5045;

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(518) 371-8910 1 Senator Lanza, page number 21, 2 Calendar Number 555, Senate Print 2173A; 3 Senator LaValle, page 62, Calendar 4 Number 1390, Senate Print Number 6847; 5 Senator Farley, page 69, Calendar 6 Number 1504, Senate Print Number 7721A; 7 Senator Marcellino, page 65, 8 Calendar Number 1439, Senate Print Number 9 6944; 10 And Senator Marcellino, page 65, 11 Calendar Number 1440, Senate Print Number 12 6945. 13 I now move that these bills retain 14 their place on the order of third reading. 15 ACTING PRESIDENT WINNER: The 16 amendments are received and adopted, and the 17 bills shall retain their place on the Third 18 Reading Calendar. 19 Senator Duane. 20 SENATOR DUANE: Thank you, 21 Mr. President. 22 On behalf of Senator Stachowski, on 23 page 51 I offer the following amendments to 24 Calendar Number 1243, Senate Print Number 25 2803, and ask that said bill retain its place

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(518) 371-8910 1 on Third Reading Calendar. 2 ACTING PRESIDENT WINNER: The 3 amendments are received and adopted, and the 4 bill will retain its place on the Third 5 Reading Calendar. 6 SENATOR DUANE: Thank you, 7 Mr. President. 8 And on behalf of Senator Adams, I 9 move that the following bill be discharged 10 from its committee and be recommitted with 11 instructions to strike the enacting clause: 12 Senate Number 7041. 13 ACTING PRESIDENT WINNER: So 14 ordered. 15 SENATOR DUANE: Thank you, 16 Mr. President. 17 ACTING PRESIDENT WINNER: Thank 18 you. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, I 21 believe there are substitutions at the desk. 22 If we could make them at this time. 23 ACTING PRESIDENT WINNER: The 24 Secretary will read. 25 THE SECRETARY: On page 25,

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(518) 371-8910 1 Senator Bonacic moves to discharge, from the 2 Committee on Housing, Construction and 3 Community Development, Assembly Bill Number 4 7001 and substitute it for the identical 5 Senate Bill Number 7053, Third Reading 6 Calendar 677. 7 On page 34, Senator Volker moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 2891A and substitute it 10 for the identical Senate Bill Number 1653A, 11 Third Reading Calendar 905. 12 On page 61, Senator LaValle moves 13 to discharge, from the Committee on Codes, 14 Assembly Bill Number 9844 and substitute it 15 for the identical Senate Bill Number 6841, 16 Third Reading Calendar 1389. 17 And on page 68, Senator Volker 18 moves to discharge, from the Committee on 19 Rules, Assembly Bill Number 10167 and 20 substitute it for the identical Senate Bill 21 Number 7026, Third Reading Calendar 1490. 22 ACTING PRESIDENT WINNER: 23 Substitutions ordered. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 if we could adopt the Resolution Calendar, 2 with the exception of Resolutions 6175, 6322, 3 and 6349. 4 ACTING PRESIDENT WINNER: All in 5 favor of adopting the Resolution Calendar, 6 with the exception of resolutions 6175, 6322, 7 and 6349, signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT WINNER: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT WINNER: The 13 Resolution Calendar is adopted. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 Resolution 6175 is at the desk. It's by 17 Senator Lanza. If we could have the title 18 read, move for its immediate adoption, and 19 open it up for cosponsorship. 20 ACTING PRESIDENT WINNER: The 21 Secretary will read. 22 THE SECRETARY: By Senator Lanza, 23 Legislative Resolution Number 6175, 24 memorializing Governor David A. Paterson to 25 proclaim May 15 through June 15, 2008, as

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(518) 371-8910 1 Tourette Syndrome Awareness Month in the State 2 of New York. 3 ACTING PRESIDENT WINNER: The 4 question is on the resolution. All those in 5 favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT WINNER: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT WINNER: The 11 resolution is adopted. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 Resolution 6322, by Senator Leibell, is at the 15 desk. If we could have the title read, move 16 for its immediate adoption, and open it up for 17 cosponsorship. 18 ACTING PRESIDENT WINNER: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Leibell, Legislative Resolution Number 6322, 22 memorializing Governor David A. Paterson to 23 proclaim September 2008 as Armed Services 24 Vocational Aptitude Battery Career Exploration 25 Month in the State of New York.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 question is on the resolution. All in favor 3 signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT WINNER: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT WINNER: The 9 resolution is adopted. 10 This resolution as well, as the 11 prior resolution, is open for sponsorship from 12 all the members. Anyone who does not wish to 13 be a cosponsor should notify the desk. 14 Senator Skelos. 15 SENATOR SKELOS: Thank you, 16 Mr. President. 17 Resolution 6349, by Senator Robach, 18 is at the desk. If we could have the title 19 read, move for its immediate adoption, and 20 open it up for cosponsorship. 21 ACTING PRESIDENT WINNER: The 22 Secretary will read. 23 THE SECRETARY: By Senator 24 Robach, Legislative Resolution Number 6349, 25 memorializing Governor David A. Paterson to

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(518) 371-8910 1 proclaim June 2008 as Teen Work Safety Month 2 in the State of New York. 3 ACTING PRESIDENT WINNER: The 4 question is on the resolution. All in favor 5 signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT WINNER: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT WINNER: The 11 resolution is adopted. 12 And the resolution is open for 13 sponsorship from all members. If you do not 14 wish to be a cosponsor, you should notify the 15 desk. 16 Senator Skelos. 17 SENATOR SKELOS: There will be an 18 immediate meeting of the Rules Committee in 19 the Majority Conference Room. 20 ACTING PRESIDENT WINNER: There 21 will be an immediate meeting of the Rules 22 Committee in the Majority Conference Room. 23 The Senate stands in recess until 24 the meeting is concluded. 25 (Whereupon, the Senate stood at

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(518) 371-8910 1 ease at 11:10 a.m.) 2 (Whereupon, the Senate reconvened 3 at 11:17 a.m.) 4 ACTING PRESIDENT WINNER: Senator 5 Skelos. 6 SENATOR SKELOS: Mr. President, 7 if we could go to the noncontroversial reading 8 of the calendar. 9 ACTING PRESIDENT WINNER: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 167, by Senator Fuschillo, Senate Print 4442, 13 an act to amend the General Business Law, in 14 relation to itinerant vendors. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 48. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 195, by Senator Hannon, Senate Print 5015, an 2 act to amend the Public Health Law and the 3 Vehicle and Traffic Law, in relation to 4 biennial examinations. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 49. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 672, by Senator C. Kruger, Senate Print 1181, 17 an act to amend the Private Housing Finance 18 Law, in relation to exclusion. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of August. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 50. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 677, substituted earlier by Member of the 6 Assembly Lopez, Assembly Print Number 7001, an 7 act to amend the Private Housing Finance Law, 8 in relation to urban initiative contracts. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 50. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 905, substituted earlier today by Member of 21 the Assembly Lentol, Assembly Print Number 22 2891A, an act to amend the Executive Law, in 23 relation to instructional video. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 51. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 693, by Senator Skelos, Senate Print 962B, an 11 act to amend the Public Officers Law and the 12 Civil Practice Law and Rules, in relation to 13 provision. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 8. This 17 act shall take effect on the 30th day. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 51. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 694, by Senator LaValle, Senate Print 5635A,

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(518) 371-8910 1 an act to amend the Alcoholic Beverage Control 2 Law, in relation to authorizing issuance. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 51. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1036, by Senator Libous, Senate Print 7646A, 15 an act to authorize the Chenango Valley 16 Central School District to finance a deficit. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 8. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 51. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1037, by Senator Saland, Senate Print 7652, an 4 act to legalize, validate, ratify and confirm 5 certain transportation contracts. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 51. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1081, by Senator Skelos, Senate Print 7254, an 18 act to amend Chapter 676 of the Laws of 1978, 19 amending the Town Law. 20 ACTING PRESIDENT WINNER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT WINNER: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 51. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1099, by Senator Morahan, Senate Print 8047A, 7 an act to amend the Mental Hygiene Law, in 8 relation to training of boards of directors. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 51. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1311, by Senator Winner, Senate Print 7124A, 21 an act to amend the Education Law, in relation 22 to the New York State Center for Rural 23 Schools. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 51. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1352, by Senator Little, Senate Print 7657, an 11 act to amend the Tax Law, in relation to 12 authorizing the County of Warren. 13 ACTING PRESIDENT WINNER: A local 14 fiscal impact notice is at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 51. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1374, by Senator Saland, Senate Print 1651, an

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(518) 371-8910 1 act to amend the Penal Law, in relation to 2 identity theft. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 5. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 51. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1389, substituted earlier today by Member of 16 the Assembly Thiele, Assembly Print Number 17 9844, an act to amend the Criminal Procedure 18 Law, in relation to granting peace officer 19 status. 20 ACTING PRESIDENT WINNER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT WINNER: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 49. Nays, 3 2. Senators Duane and L. Krueger recorded in 4 the negative. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1406, by Senator Padavan, Senate Print 8201A, 9 an act to amend the Penal Law, in relation to 10 the creation of the Piracy Protection Act. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect on the 60th day. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT WINNER: Senator 19 Padavan, to explain his vote. 20 SENATOR PADAVAN: Yes, thank you, 21 Mr. President. Very briefly. 22 I want to point out to those here 23 assembled that this issue is very, very 24 important to the City of New York and the 25 State of New York.

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(518) 371-8910 1 The total amount of revenue lost 2 annually as a result of piracy is in excess of 3 $20 billion, much of that in the State of 4 New York, where the motion picture industry 5 has grown significantly, contributing not only 6 jobs but income at all levels -- not just in 7 the theaters, not just in the studios, but in 8 a whole myriad of areas that produce revenues 9 that we need to function properly. 10 And piracy has been a way of 11 avoiding that income on the part of those who 12 capitalize on this activity. 13 For the last two sessions we passed 14 a bill sponsored by Senator Volker that did 15 very much of what this bill today does. Now 16 we have the imprimatur of the Attorney General 17 Andrew Cuomo, who has gotten behind this in a 18 very significant way, and I'm hopeful that 19 we'll pass this bill now in both houses and 20 make it law. 21 I vote aye. 22 ACTING PRESIDENT WINNER: Senator 23 Padavan will be recorded in the affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 51. Nays,

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(518) 371-8910 1 1. Senator Parker recorded in the negative. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1434, by Senator LaValle, Senate Print 8068A, 6 an act in relation to the calculation of aid 7 apportioned. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect July 1, 2008. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 52. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1490, substituted earlier today by Member of 20 the Assembly Schimminger, Assembly Print 21 Number 10167, an act to amend the Erie County 22 Tax Act, in relation to changing dates. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect September 1, 2008. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 52. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1507, by Senator Flanagan, Senate Print 7954A, 10 an act relating to large capital projects to 11 be financed. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT WINNER: Senator 20 Flanagan, to explain his vote. 21 SENATOR FLANAGAN: Thank you, 22 Mr. President. Briefly to explain my vote. 23 I think this is a very important 24 piece of legislation because there are a lot 25 of issues affecting the State of New York and

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(518) 371-8910 1 economic development in the City of New York, 2 or frankly the lack thereof, is something that 3 we have not dealt with properly. 4 We've had a lot of frustration and 5 consternation in terms of getting information 6 from Empire State Development, simple things 7 like their organizational chart, what's going 8 on with major projects all across the State of 9 New York, and particularly in New York City. 10 This puts their feet to the fire. 11 It's something we shouldn't have to do, 12 frankly, but we need this information so we 13 can actually come up with some real plans 14 about where we're going, not only for the city 15 but for the State of New York. 16 Thank you. 17 ACTING PRESIDENT WINNER: Senator 18 Flanagan will be recorded in the affirmative. 19 Senator Montgomery, to explain her 20 vote. 21 SENATOR MONTGOMERY: Yes, 22 Mr. President. I rise to thank Senator 23 Flanagan for this legislation. I agree with 24 him wholeheartedly, this is extremely 25 important.

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(518) 371-8910 1 And I'm sure that when I return to 2 my district, the people in my district are 3 going to be very anxious to write to Senator 4 Flanagan to thank him for this legislation, 5 because he has included, among all of the 6 other projects going on in the city, the 7 Atlantic Yards development. 8 And as you know and as Senator 9 Flanagan probably understands is that we've 10 been trying to get information and to have 11 access to information that will allow us to be 12 able to evaluate just exactly what this 13 project is going to mean or not mean to the 14 people in my district. 15 So, Senator Flanagan, thank you. 16 And I look forward to this legislation passing 17 and being signed into law so that we have 18 access to the very information that you are 19 requiring in the bill. 20 Thank you. I vote aye. 21 ACTING PRESIDENT WINNER: Senator 22 Montgomery will be recorded in the 23 affirmative. 24 The Secretary will announce the 25 results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 53. Nays, 2 0. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 Senator Volker, that completes the 6 reading of the noncontroversial calendar. 7 SENATOR VOLKER: Thank you, 8 Mr. President. 9 There is no controversial; right? 10 ACTING PRESIDENT WINNER: There 11 are no bills that were laid aside, Senator 12 Volker. 13 SENATOR VOLKER: Fine, thank you. 14 Is there a Rules report at the 15 desk? 16 ACTING PRESIDENT WINNER: The 17 Secretary will read. 18 THE SECRETARY: Senator Bruno, 19 from the Committee on Rules, reports the 20 following bills: 21 Senate Print 8311A, by Senator 22 DeFrancisco, an act in relation to terms and 23 conditions; 24 767, by Senator Diaz, an act to 25 amend the Executive Law and the Agriculture

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(518) 371-8910 1 and Markets Law; 2 1578, by Senator O. Johnson, an act 3 to amend the County Law; 4 4612A; by Senator Marcellino, an 5 act to authorize; 6 5539, by Senator Skelos, an act to 7 authorize; 8 6261, by Senator Larkin, an act to 9 amend the Civil Service Law; 10 6786, by Senator Fuschillo, an act 11 to authorize; 12 6891, by Senator Young, an act to 13 amend the Criminal Procedure Law; 14 6916, by Senator Larkin, an act to 15 amend the Real Property Tax Law; 16 7588, by Senator Little, an act to 17 authorize; 18 8106, by Senator Flanagan, an act 19 to amend the Criminal Procedure Law; 20 8205, by Senator Volker, an act to 21 amend the Criminal Procedure Law; 22 8343, by Senator Seward, an act 23 authorizing; 24 8360, by Senator LaValle, an act 25 implementing an agreement;

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(518) 371-8910 1 And Senate Print 8373, by Senator 2 Farley, an act to amend the Civil Service Law. 3 All bills ordered direct to third 4 reading. 5 ACTING PRESIDENT WINNER: Senator 6 Volker. 7 SENATOR VOLKER: Move to accept 8 the Rules report. 9 ACTING PRESIDENT WINNER: All 10 those in favor of accepting the Rules report 11 signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT WINNER: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT WINNER: The 17 Rules report is accepted. 18 Senator Volker. 19 SENATOR VOLKER: Take up the 20 noncontroversial calendar on the Rules report, 21 please. 22 ACTING PRESIDENT WINNER: The 23 Secretary will read the supplemental Rules 24 report calendar, noncontroversial. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1538, by Senator Diaz, Senate Print 767, an 2 act to amend the Executive Law and the 3 Agriculture and Markets Law, in relation to 4 making victims. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 54. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1539, by Senator O. Johnson, Senate Print 17 1578, an act to amend the County Law, in 18 relation to establishing. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect on the 30th day. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 54. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1540, by Senator Marcellino, Senate Print 6 4612A, an act to authorize the Incorporated 7 Village of Muttontown to file an application. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 54. 16 ACTING PRESIDENT WINNER: May we 17 have some quiet in the chamber, please. 18 The bill is passed. 19 THE SECRETARY: Calendar Number 20 1541, by Senator Skelos, Senate Print 5539, an 21 act to authorize Young Israel of Hewlett to 22 file applications. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 51. Nays, 6 3. Senators Bonacic, Larkin and Rath recorded 7 in the negative. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1542, by Senator Larkin, Senate Print 6261, an 12 act to amend the Civil Service Law, in 13 relation to designating the office of 14 commissioner of parks, recreation and 15 conservation. 16 ACTING PRESIDENT WINNER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 54. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1543, by Senator Fuschillo, Senate Print 6786, 3 an act to authorize the Village of Amityville 4 to file applications. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 51. Nays, 13 3. Senators Bonacic, Larkin and Rath recorded 14 in the negative. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1544, Senator Young moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 9889 and substitute it 21 for the identical Senate Bill Number 6891, 22 Third Reading Calendar 1544. 23 ACTING PRESIDENT WINNER: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1544, by Member of the Assembly Giglio, 3 Assembly Print Number 9889, an act to amend 4 the Criminal Procedure Law. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT WINNER: 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1544 are 16 Senators Duane, Hassell-Thompson and 17 L. Krueger. 18 Ayes, 51. Nays, 3. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1545, by Senator Larkin, Senate Print 6916, an 23 act to amend the Real Property Tax Law, in 24 relation to real property tax exemption. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 54. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1547, by Senator Little, Senate Print 7588, an 12 act to authorize the Town of Newcomb, in the 13 County of Essex. 14 ACTING PRESIDENT WINNER: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 54. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1548, by Senator Flanagan, Senate Print 8106, 2 an act to amend the Criminal Procedure Law, in 3 relation to designating uniformed officers. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1548 are 13 Senators Duane and L. Krueger. 14 Ayes, 52. Nays, 2. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1549, by Senator Volker, Senate Print 8205, an 19 act to amend the Criminal Procedure Law, in 20 relation to designating security officers. 21 ACTING PRESIDENT WINNER: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT WINNER: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1549 are 5 Senators Duane and L. Krueger. 6 Ayes, 52. Nays, 2. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1551, by Senator LaValle, Senate Print 8360, 11 an act implementing an agreement between the 12 state and an employee organization. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 17. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1552, by Senator Farley, Senate Print 8373, an 25 act to amend the Civil Service Law, in

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(518) 371-8910 1 relation to compensation. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 18. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT WINNER: Senator 10 Farley, to explain his vote. 11 SENATOR FARLEY: Thank you very 12 much, Mr. President. 13 This is a significant bill. It 14 allows the Public Employees Federation to -- 15 it implements their contract, 58,000 16 employees, many of whom are mine and yours, 17 that will -- as far as the bargaining unit, it 18 allows them to get paid and puts their 19 contract in place. So it's a significant 20 piece of legislation that has to be done. 21 Thank you, Mr. President. I vote 22 aye. 23 ACTING PRESIDENT WINNER: Senator 24 Farley will be recorded in the affirmative. 25 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 54. Nays, 2 0. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 Senator Volker. 6 SENATOR VOLKER: Mr. President, 7 we have, I believe, passed all the bills that 8 we can pass today. Because there's two bills 9 on the calendar that are high, and we don't 10 have messages of necessity. 11 So what we plan on doing is 12 recessing now to go and do another Rules 13 report. But the Rules report will be for next 14 week; it will not be for today. 15 So we're going to recess for Rules 16 and then come back and adjourn. 17 ACTING PRESIDENT WINNER: The 18 Senate will stand in recess, and there will be 19 an immediate Rules Committee meeting in the 20 Majority Conference Room. 21 First, Senator Farley has a motion. 22 SENATOR FARLEY: Before we 23 recess, I do have a motion, Mr. President. 24 On behalf of Senator Maltese, I 25 wish to call up his bill, which is Print

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(518) 371-8910 1 Number 3003, it's recalled from the Assembly, 2 and it's now at the desk. 3 ACTING PRESIDENT WINNER: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1236, by Senator Maltese, Senate Print 3003, 7 an act to amend the Education Law. 8 SENATOR FARLEY: Mr. President, I 9 now move to reconsider the vote by which this 10 bill passed, and I ask that the bill be 11 restored to the order of third reading. 12 ACTING PRESIDENT WINNER: Call 13 the roll on reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 54. 16 SENATOR FARLEY: Mr. President, I 17 now move to recommit Senate Print Number 3003, 18 Calendar Number 1236 on the order of third 19 reading, to the Committee on Higher Education, 20 with instructions to that committee to strike 21 the enacting clause. 22 ACTING PRESIDENT WINNER: So 23 ordered. 24 SENATOR FARLEY: Sounds rather 25 final.

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(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT WINNER: The 3 Senate stands in recess. 4 (Whereupon, the Senate stood at 5 ease at 11:40 a.m.) 6 (Whereupon, the Senate reconvened 7 at 12:02 p.m.) 8 ACTING PRESIDENT LITTLE: The 9 Senate will come to order. 10 Senator Volker. 11 SENATOR VOLKER: Thank you, Madam 12 President. 13 Would you return to the reports of 14 standing committees for the Rules report. 15 ACTING PRESIDENT LITTLE: Reports 16 of standing committees. 17 The Secretary will read. 18 THE SECRETARY: Senator Bruno, 19 from the Committee on Rules, reports the 20 following bills: 21 Senate Print 64, by Senator 22 Padavan, an act to amend the County Law and 23 others; 24 425B, by Senator Larkin, an act to 25 amend the Tax Law;

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(518) 371-8910 1 456, by Senator Golden, an act to 2 amend the Executive Law; 3 525A, by Senator Saland, an act to 4 amend the State Finance Law; 5 589, by Senator Nozzolio, an act to 6 amend the Executive Law; 7 613, by Senator Marcellino, an act 8 to amend the Vehicle and Traffic Law; 9 1475, by Senator Morahan, an act 10 authorizing; 11 1697, by Senator Robach, an act to 12 amend the Penal Law; 13 1970, by Senator Volker, an act to 14 amend the Civil Practice Law and Rules; 15 2060, by Senator DeFrancisco, an 16 act to amend the Tax Law; 17 2153, by Senator Libous, an act to 18 amend the State Finance Law; 19 2179A, by Senator Seward, an act to 20 amend the Tax Law; 21 2438, by Senator Smith, an act to 22 amend the Penal Law; 23 2677, by Senator Volker, an act to 24 amend the Civil Practice Law and Rules; 25 2744, by Senator Farley, an act to

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(518) 371-8910 1 amend the Penal Law; 2 3019B, by Senator Seward, an act to 3 amend the Insurance Law; 4 3101, by Senator Maziarz, an act to 5 amend the Mental Hygiene Law; 6 3238B, by Senator Winner, an act to 7 amend the Tax Law; 8 3430, by Senator Skelos, an act to 9 amend the Tax Law; 10 3654A, by Senator Leibell, an act 11 to amend the Military Law; 12 3683A, by Senator DeFrancisco, an 13 act to amend the Vehicle and Traffic Law; 14 4340, by Senator Alesi, an act to 15 amend the Penal Law; 16 4717A, by Senator Marcellino, an 17 act authorizing; 18 4735, by Senator LaValle, an act to 19 amend the Vehicle and Traffic Law; 20 4903, by Senator Young, an act to 21 amend the Labor Law; 22 4932, by Senator Griffo, an act to 23 amend the Penal Law; 24 5298A, by Senator Bonacic, an act 25 to amend the General Municipal Law;

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(518) 371-8910 1 5567A, by Senator Golden, an act to 2 amend the Executive Law; 3 And Senate Print 6868, by Senator 4 Trunzo, an act to amend the Penal Law. 5 All bills ordered direct to third 6 reading. 7 ACTING PRESIDENT LITTLE: Senator 8 Volker. 9 SENATOR VOLKER: Move to accept 10 the report of the Rules Committee. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 All in favor of accepting the 14 report of the Rules Committee signify by 15 saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT LITTLE: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT LITTLE: The 21 Rules report is accepted. 22 Senator Volker. 23 SENATOR VOLKER: Is there any 24 further business at the desk? 25 ACTING PRESIDENT LITTLE: No,

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(518) 371-8910 1 there is not, Senator. 2 SENATOR VOLKER: Then I move that 3 we adjourn until Tuesday, June 10th, at 4 3:00 p.m., intervening days being legislative 5 days. 6 And, people, don't come back on 7 Monday, because we won't be here. Okay? 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 On motion, the Senate stands 11 adjourned until Tuesday, June 10th, at 12 3:00 p.m., intervening days being legislative 13 days. 14 (Whereupon, at 12:05 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910