Tuesday, June 10, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 10, 2008 11 3:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, 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 GRIFFO: The 3 Senate will come to order. 4 I ask all present to rise and join 5 with me as we recite the Pledge of Allegiance 6 to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy today, I ask that we all bow 11 our heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: The 15 reading of the Journal. 16 THE SECRETARY: In Senate, 17 Monday, June 9, the Senate met pursuant to 18 adjournment. The Journal of Saturday, June 7, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT GRIFFO: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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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 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 there will be an immediate meeting of the 9 Rules Committee in the Majority Conference 10 Room. 11 ACTING PRESIDENT GRIFFO: There 12 will be an immediate meeting of the Rules 13 Committee in the Majority Conference Room. 14 The Senate will stand at ease. 15 (Whereupon, the Senate stood at 16 ease at 3:11 p.m.) 17 (Whereupon, the Senate reconvened 18 at 3:21 p.m.) 19 ACTING PRESIDENT GRIFFO: The 20 Senate will come to order. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 please recognize Senator Larkin at this time. 24 ACTING PRESIDENT GRIFFO: Senator 25 Larkin.

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(518) 371-8910 1 SENATOR LARKIN: Thank you, 2 Mr. President. 3 ACTING PRESIDENT GRIFFO: May we 4 please have order, out of respect for our 5 speakers and the business in the chamber 6 today. 7 Senator Larkin. 8 SENATOR LARKIN: Last week, once 9 again, soldiers from Fort Drum, New York, who 10 come from various areas of this great nation 11 of ours, lost their lives in combat while 12 defending our peace and our right to our 13 individual responsibilities. 14 For the young people here, this is 15 a sad case. Nobody knows it better than some 16 of us here, some of us who served in combat -- 17 Senator Bruno, myself, in Korea. When you 18 have to write a letter home to a mother and 19 tell her, "I regret to inform you that your 20 19-year-old son was killed today," mother or 21 father, brothers or sisters have no idea what 22 you mean. Today, they see it on television. 23 In those days, they didn't. 24 But we're here today to take a 25 moment of silence and reflect on what has

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(518) 371-8910 1 happened to these young men, very young in 2 age, very grateful for their nation. All were 3 volunteers. None of these three men were 4 drafted. Two of them had reenlisted for an 5 extended period of time to conserve their 6 country. 7 So before you go to bed tonight, I 8 ask all of you to take a moment and think 9 about these men. They are Sergeant Shane 10 Duffy, Taunton, Massachusetts; Specialist 11 Jonathan Emard of Mesquite, Texas; Sergeant 12 Cody Legg of Escondido, California. All are 13 members of the First Battalion, the 87th 14 Infantry, of the Tenth Mountain Division. 15 May God keep them in His hands. 16 ACTING PRESIDENT GRIFFO: I would 17 ask the Sergeant to hold the door, and I ask 18 all members to rise in a moment of silence and 19 observation as explained by Senator Larkin. 20 (Whereupon, the assemblage rose and 21 respected a moment of silence.) 22 ACTING PRESIDENT GRIFFO: Motions 23 and resolutions. 24 On resolutions, Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 there's a Resolution 6410 at the desk, by 2 Senator Nozzolio. If we could have it read in 3 its entirety and move for its immediate 4 adoption. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Nozzolio, Legislative Resolution Number 6410, 9 congratulating the Red Creek Science Olympiad 10 Team upon the occasion of capturing the Best 11 Small School Award at the New York State 12 Science Olympiad Competition. 13 "WHEREAS, It is the sense of this 14 Legislative Body to commend and pay tribute to 15 those who, by achieving outstanding success in 16 their educational and scientific endeavors, 17 have inspired and brought pride to our 18 majestic Empire State; and 19 "WHEREAS, It is also the sense of 20 this Legislative Body to recognize the 21 dedication and commitment of our young people 22 who distinguish themselves through excellence 23 in science competition; and 24 "WHEREAS, Attendant to such 25 concern, and in full accord with its

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(518) 371-8910 1 long-standing traditions, this Legislative 2 Body is justly proud to congratulate the Red 3 Creek Science Olympiad Team upon the occasion 4 of capturing the Best Small School Award at 5 the New York State Science Olympiad 6 Competition; and 7 "WHEREAS, The Science Olympiad is a 8 national nonprofit organization dedicated to 9 improving the quality of K-12 science 10 education, increasing male, female and 11 minority interest in science, creating a 12 technologically literate workforce and 13 providing for recognition for outstanding 14 achievement by both students and teachers. 15 These goals are achieved by participating in 16 Science Olympiad tournaments and 17 noncompetitive events, incorporating Science 18 Olympiad into classroom curriculum, and 19 attending teacher training institutes; and 20 "WHEREAS, The Science Olympiad 21 mission is to promote and improve student 22 interest in science and to improve the quality 23 of K-12 science education throughout the 24 nation; and 25 "WHEREAS, The vision of the Science

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(518) 371-8910 1 Olympiad is to create a passion for learning 2 science by supporting elementary and secondary 3 Science Olympiad tournaments at building, 4 district, county, state and national levels 5 with an emphasis on teamwork and a commitment 6 to excellence; improve the quality of K-12 7 science education throughout the nation by 8 changing the way science is perceived and the 9 way it is taught, with an emphasis on problem 10 solving and hands-on, minds-on, constructivist 11 learning practices; celebrate and recognize 12 the outstanding achievement of both students 13 and teachers in the areas of science and 14 technology; and promote partnerships among 15 community, businesses, industry, government 16 and education; and 17 "WHEREAS, The specific purposes of 18 the Science Olympiad are to bring science to 19 life, show how science works, emphasize 20 problem-solving aspects of science and the 21 understanding of science concepts; develop 22 teamwork and cooperative learning strategies 23 among students; make science education more 24 exciting so more students will enroll in 25 science courses and engage in other science

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(518) 371-8910 1 activities; promote high levels of achievement 2 and a commitment to excellence; demonstrate 3 that American students can perform at levels 4 that surpass expectations of practicing 5 scientists and engineers; and attract more 6 students, particularly females and minorities, 7 to professional and technical careers in 8 science, technology and science teaching; and 9 "WHEREAS, The Red Creek Science 10 Olympiad Team competed at the New York State 11 Science Olympiad held at the West Point 12 Military Academy on March 14-15, 2008, and 13 captured the Best Small School Award for the 14 third consecutive year. In addition, it 15 placed 22nd out of all schools in New York 16 State; and 17 "WHEREAS, Previously, in February 18 2008, the Red Creek Science Olympiad Team 19 qualified for the New York State competition 20 by participating in the regional competition 21 at LeMoyne College and placing fifth; and 22 "WHEREAS, The members of the Red 23 Creek Science Olympiad Team are Jesse Cramer, 24 Kevin Dates, Spencer Bills, Nick Schwartz, 25 Eric Stevens, Steven Sholes, Josh Misso,

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(518) 371-8910 1 Matthew Treby, Stephanie Grant, Caitlin 2 Casier, Olivia Pitts, Stephanie Fralick, 3 Allison Sheldon, Lindsey Johnson, Chelsea 4 Craine and Elizabeth Grant; and 5 "WHEREAS, Instrumental in the 6 success and outstanding achievement of the 7 2008 Red Creek Science Olympiad Team were 8 Coaches Carol Burch, Kelsey Burch, Darlene 9 Stevens, Nancy Taddeo, Joseph Bonanno, Terry 10 Elmer, Carrie Griffith, Erik Robbins and 11 Oakley Wojieck; and 12 "WHEREAS, It is appropriate to 13 celebrate the educational and scientific 14 accomplishments of remarkable schools, 15 students, coaches and teachers in this great 16 Empire State; and 17 "WHEREAS, This Legislative Body is 18 justly proud to congratulate the Red Creek 19 Science Olympiad Team upon the occasion of 20 capturing the Best Small School Award at the 21 New York State Science Olympiad Competition. 22 This outstanding performance has clearly made 23 a contribution to the spirit of excellence 24 which is a tradition of the Red Creek school 25 and community; now, therefore, be it

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(518) 371-8910 1 "RESOLVED, That this Legislative 2 Body pause in its deliberations to 3 congratulate the Red Creek Science Olympiad 4 Team upon the occasion of capturing the Best 5 Small School Award at the New York State 6 Science Olympiad Competition; and be it 7 further 8 "RESOLVED, That copies of this 9 resolution, suitably engrossed, be transmitted 10 to the members and coaches of the 2008 Red 11 Creek Science Olympiad Team." 12 ACTING PRESIDENT GRIFFO: Thank 13 you. 14 I did ask for order in the chamber. 15 We have a number of guests here today, and I 16 want to be able to ensure that we can hear our 17 speakers. So would members please take their 18 seats. Take staff conversations into the 19 outer lobby. 20 Senator Nozzolio. 21 SENATOR NOZZOLIO: Thank you, 22 Mr. President. On the resolution. 23 It's a great honor to stand with 24 these excellent young students from the School 25 District of Red Creek -- which is at the

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(518) 371-8910 1 shores of Lake Ontario in the northern and 2 eastern part of Wayne County and in the 3 northern portion of Cayuga County -- who 4 represent the finest of our future. 5 I want to recognize also David 6 Sholes, who is superintendent of schools of 7 Red Creek; Noel Patterson, the principal; and 8 Jeanette Treby, a Board of Education member, 9 along with a number of coaches and students 10 who made up the team that captured the Best 11 Small School of the Year Award. 12 That the Science Olympiad is a 13 wonderful competition that brings together all 14 the best of knowledge of science as well as 15 great teamwork, ability to work together to 16 compete with other schools in many cases with 17 many more resources than were allowed the 18 students of Red Creek. It shows that through 19 hard work and perseverance and teamwork, a 20 school such as Red Creek can be victorious in 21 a very extreme competition. 22 That competition is all part of our 23 future. Because if we succeed in science and 24 science education, our future as a competitive 25 engine, this region, this state, this nation

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(518) 371-8910 1 will be better able to compete in the global 2 marketplace that is becoming more and more 3 competitive each day. 4 I want to congratulate the coaches 5 who are here with us today, Coach Burch, 6 Stevens, Taddeo, Bonanno, Elmer, Griffith and 7 Robbins for your excellent tutelage, your 8 going above and beyond the call of duty to 9 help mentor these fine young citizens into 10 great productive members. They know their 11 science, they know their community, they are a 12 credit to certainly our region and our entire 13 state. 14 Mr. President, please join with me 15 in welcoming the Red Creek Science Olympiad 16 Team, the best small school in the State of 17 New York, Red Creek. Thank you, 18 Mr. President. Thank you for your support. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Nozzolio. 21 We welcome and recognize this great 22 accomplishment. Congratulations to all of 23 you. 24 (Applause.) 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 question is on the resolution. All in favor 2 signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT GRIFFO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT GRIFFO: The 8 resolution is adopted. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 Resolution 6408, by Senator Young, is at the 12 desk. If we could have it read in its 13 entirety and move for its immediate adoption. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: By Senator Young, 17 Legislative Resolution Number 6408, 18 commemorating the Inaugural New York State 19 Senate "Volunteers of Valor" Celebration on 20 Tuesday, June 10, 2008. 21 "WHEREAS, Within every community of 22 the State of New York there are certain 23 individuals who, by virtue of their commitment 24 and dedication, command the respect and 25 admiration of their community for their

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(518) 371-8910 1 exemplary contributions and service on behalf 2 of others; and 3 "WHEREAS, This Legislative Body is 4 proud to recognize and honor those 5 distinguished citizens who would devote 6 themselves to public service, demonstrating 7 great courage and diligence in providing for 8 the care and welfare of the citizens of their 9 communities and this great Empire State; and 10 "WHEREAS, Attendant to such 11 concern, and in full accord with its 12 long-standing traditions, this Legislative 13 Body is justly proud to commemorate the 14 Inaugural New York State Senate 'Volunteers of 15 Valor' Celebration on Tuesday, June 10, 2008; 16 and 17 "WHEREAS, This memorable event will 18 feature a reception and an exhibit in the Well 19 of the Legislative Office Building in Albany, 20 New York, recognizing the 'Volunteers of 21 Valor' for their achievements and thanking 22 them for the exceptional service they provide 23 for communities throughout the State of 24 New York; and 25 "WHEREAS, Most, if not all,

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(518) 371-8910 1 New Yorkers have at one time or another 2 benefited from the acts of courage and heroism 3 from volunteer firefighters, emergency medical 4 technicians, auxiliary police and community 5 emergency response teams; and 6 "WHEREAS, It takes a special 7 dedication, a strong desire to help others and 8 a tireless sense of community to forsake 9 precious time with family and friends to 10 respond to the signal that a neighbor is in 11 need; and 12 "WHEREAS, Throughout their years of 13 devoted service, these 'Volunteers of Valor' 14 have heroically performed above and beyond the 15 call of duty. It is appropriate to recognize 16 and commend such outstanding individuals for 17 their valued contributions to their community; 18 and 19 "WHEREAS, With great pride, this 20 Legislative Body recognizes the magnanimous 21 contributions of the 'Volunteers of Valor' and 22 wishes them continued success in all of their 23 future endeavors; and 24 "WHEREAS, It is the sense of this 25 Legislative Body that when those dedicated

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(518) 371-8910 1 citizens who unselfishly devote their lives to 2 the preservation of order and the protection 3 of others are brought to our attention, they 4 should be celebrated and recognized by all the 5 citizens of this great state of New York; now, 6 therefore, be it 7 "RESOLVED, That this Legislative 8 Body pause in its deliberations to commemorate 9 the First Annual New York State Senate's 10 'Volunteers of Valor' Celebration, to be held 11 June 10, 2008." 12 ACTING PRESIDENT GRIFFO: Senator 13 Young. 14 SENATOR YOUNG: Thank you, 15 Mr. President. 16 And I just want to thank my 17 colleagues today for taking part, many of you 18 took part in our first "Volunteers of Valor" 19 ceremony, and especially my colleague Senator 20 Joe Robach. I was called out of town on 21 unavoidable business in my district, it was 22 very critical to the future of my district, so 23 Senator Joe Robach stepped in and handled the 24 ceremony. 25 So thank you very much, Senator,

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(518) 371-8910 1 for your graciousness in doing that. 2 But a few years ago, the 3 Firefighters Association of the State of 4 New York did a study and what they found is 5 that in New York State, if we had to replace 6 and pay for all of the volunteer firefighter 7 and emergency services, it would cost the 8 taxpayers of the state about $8 billion 9 annually. Think about that cost. 10 But think of the costs that our 11 volunteers put in. They sacrifice their 12 personal time with their families, they 13 undergo hours and hours of training. And many 14 of them are unsung heroes in our communities. 15 And that's why I felt so compelled 16 to establish this program, so that we can sing 17 their praises, let the entire state know about 18 all that they accomplish every single day. 19 Because no matter what time the tones go off, 20 no matter what time the fire bells ring, they 21 are there to help their neighbors. 22 And we truly appreciate all that 23 they've done, whether they've put their lives 24 on the line for us or whether they've just 25 simply, quietly volunteered for 60 and even

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(518) 371-8910 1 70 years. 2 So I congratulate everyone who 3 received this prestigious award. We thank you 4 from the bottom our hearts for your service to 5 our communities, to our neighbors, to our 6 families and our state. And we salute you for 7 your valor. 8 Thank you. 9 ACTING PRESIDENT GRIFFO: Thank 10 you, Senator Young. 11 The question is on the resolution. 12 All in favor signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT GRIFFO: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT GRIFFO: The 18 resolution is adopted. 19 We welcome those who are with us 20 this afternoon and congratulate you and give 21 you our respect and our best wishes. 22 (Applause.) 23 ACTING PRESIDENT GRIFFO: Senator 24 Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 there's a resolution at the desk, 6405. If we 2 could have the title read and move for its 3 immediate adoption. 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 Skelos, Legislative Resolution Number 6405, 8 honoring Camp DeBaun for its long and 9 meritorious service to the youth of Oceanside, 10 New York. 11 ACTING PRESIDENT GRIFFO: The 12 question is on the resolution. All in favor 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT GRIFFO: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT GRIFFO: The 19 resolution is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, I 22 believe there are substitutions to be made at 23 this time. 24 ACTING PRESIDENT GRIFFO: On 25 motions.

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(518) 371-8910 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: Thank you 3 very much, Mr. President. 4 On behalf of Senator Volker, I wish 5 to amend Senate Bill 5560A by striking out the 6 amendments made on May 20th and restoring it 7 to its original print, 5560. 8 ACTING PRESIDENT GRIFFO: So 9 ordered. 10 SENATOR FUSCHILLO: On behalf of 11 Senator Volker, I wish to move that the 12 following bill be discharged from its 13 respective committee and be recommitted with 14 instructions to strike the enacting clause: 15 Senate Print Number 4955A. 16 ACTING PRESIDENT GRIFFO: So 17 ordered. 18 SENATOR FUSCHILLO: On behalf of 19 Senator Leibell, I wish to call up Senate 20 Print Number 2382A, recalled from the 21 Assembly, which is now at the desk. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 680, by Senator Leibell, Senate Print 2382A,

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(518) 371-8910 1 an act to amend the Surrogate's Court 2 Procedure Act. 3 SENATOR FUSCHILLO: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 SENATOR FUSCHILLO: I now offer 11 the following amendments. 12 ACTING PRESIDENT GRIFFO: The 13 amendments are received. 14 SENATOR FUSCHILLO: On behalf of 15 Senator Maziarz, I wish to call up Senate 16 Print Number 6697, recalled from the Assembly, 17 which is now at the desk. 18 ACTING PRESIDENT GRIFFO: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1188, by Senator Maziarz, Senate Print 6697, 22 an act to amend the Real Property Tax Law. 23 SENATOR FUSCHILLO: I now move to 24 reconsider the vote by which the bill was 25 passed.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll on reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 SENATOR FUSCHILLO: I now offer 6 the following amendments. 7 ACTING PRESIDENT GRIFFO: The 8 amendments are received. 9 SENATOR FUSCHILLO: Thank you, 10 Mr. President. 11 On behalf of Senator Leibell, I 12 wish to call up Senate Print Number 3643, 13 recalled from the Assembly, which is now at 14 the desk. 15 ACTING PRESIDENT GRIFFO: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 739, by Senator Leibell, Senate Print 3643, an 19 act to amend the Executive Law. 20 SENATOR FUSCHILLO: I now move to 21 reconsider the vote by which the bill was 22 passed. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll on reconsideration. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 SENATOR FUSCHILLO: I now offer 3 the following amendments. 4 ACTING PRESIDENT GRIFFO: The 5 amendments are received. 6 SENATOR FUSCHILLO: Mr. 7 President, amendments are offered to the 8 following Third Reading Calendar bills: 9 Sponsored by Senator Leibell, page 10 number 15, Calendar Number 377, Senate Print 11 Number 6382A; 12 By Senator Libous, page number 17, 13 Calendar Number 436, Senate Print Number 4321; 14 By Senator Winner, page number 31, 15 Calendar Number 869, Senate Print Number 6750; 16 By Senator Winner, page number 33, 17 Calendar Number 896, Senate Print Number 18 6151A; 19 By Senator DeFrancisco, page number 20 33, Calendar Number 906, Senate Print Number 21 1828A; 22 By Senator Griffo, page number 34, 23 Calendar Number 916, Senate Print Number 24 5482D; 25 By Senator Fuschillo, page number

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(518) 371-8910 1 45, Calendar Number 1156, Senate Print Number 2 7679; 3 By Senator Volker, page number 48, 4 Calendar Number 1208, Senate Print Number 5 7964A; 6 By Senator Rath, page number 49, 7 Calendar Number 1227, Senate Print Number 8 2324A; 9 By Senator Alesi, page number 53, 10 Calendar Number 1288, Senate Print Number 11 7000; 12 By Senator Maziarz, page number 54, 13 Calendar Number 1301, Senate Print Number 14 5706B; 15 By Senator Nozzolio, page number 16 59, Calendar Number 1386, Senate Print Number 17 5037B; 18 By Senator Volker, page number 59, 19 Calendar Number 1387, Senate Print Number 20 6203A; 21 By Senator Skelos, page number 60, 22 Calendar Number 1395, Senate Print Number 23 7712; 24 By Senator Golden, page number 61, 25 Calendar Number 1419, Senate Print Number

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(518) 371-8910 1 7229; 2 By Senator Griffo, page number 61, 3 Calendar Number 1424, Senate Print Number 4 3429; 5 By Senator Owen Johnson, page 6 number 62, Calendar Number 1427, Senate Print 7 Number 7653A; 8 By Senator Fuschillo, page number 9 62, Calendar Number 1429, Senate Print Number 10 4307A; 11 By Senator Volker, page number 63, 12 Calendar Number 1447, Senate Print Number 13 3164; 14 By Senator Seward, page number 64, 15 Calendar Number 1469, Senate Print Number 16 6535; 17 By Senator LaValle, page number 68, 18 Calendar Number 1531, Senate Print Number 19 7838; 20 By Senator LaValle, page number 63, 21 Calendar Number 1432, Senate Print Number 22 7951; 23 By Senator Hannon, page number 6, 24 Calendar Number 106, Senate Print Number 599A; 25 By Senator Maltese, page number 9,

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(518) 371-8910 1 Calendar Number 209, Senate Print Number 2 1238B; 3 By Senator Hannon, page number 53, 4 Calendar Number 1287, Senate Print Number 5 4642; 6 By Senator LaValle, page number 55, 7 Calendar Number 1310, Senate Print Number 8 7018. 9 I now move that these bills retain 10 their place on the order of Third Reading 11 Calendar. 12 ACTING PRESIDENT GRIFFO: Very 13 well done, Senator Fuschillo. 14 The amendments are received and 15 adopted, and the bills will retain their place 16 on the Third Reading Calendar. 17 SENATOR FUSCHILLO: Thank you 18 very much. 19 ACTING PRESIDENT GRIFFO: Senator 20 Robach. 21 SENATOR ROBACH: Yes, 22 Mr. President. 23 On page number 52 I offer the 24 following amendments to Calendar Number 1274, 25 Senate Print Number 6449, and ask that said

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(518) 371-8910 1 bill retain its place on Third Reading 2 Calendar, on behalf of Senator Maltese. 3 ACTING PRESIDENT GRIFFO: The 4 amendments are received and adopted, and the 5 bill will retain its place on the Third 6 Reading Calendar. 7 SENATOR ROBACH: And also, 8 Mr. President, on page 52 I offer the 9 following amendments to Calendar Number 1285, 10 Senate Print Number 3248, and ask that said 11 bill retain its place on Third Reading 12 Calendar, on behalf of the expeditious Senator 13 Fuschillo. 14 ACTING PRESIDENT GRIFFO: The 15 amendments are received and adopted, and the 16 bill will retain its place on the Third 17 Reading Calendar. 18 Thank you, Senator Robach. 19 SENATOR ROBACH: And also, 20 Mr. President, I wish to call up Print Number 21 5015, recalled from the Assembly, which is now 22 at the desk. 23 ACTING PRESIDENT GRIFFO: The 24 Secretary will read. 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. 4 SENATOR ROBACH: Mr. President, I 5 now move to reconsider the vote by which the 6 bill was passed. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll on reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. 11 SENATOR ROBACH: Mr. President, I 12 now offer the following amendments on behalf 13 of Senator Hannon. 14 ACTING PRESIDENT GRIFFO: The 15 amendments are received. 16 Senator Sabini. 17 SENATOR SABINI: Thank you, 18 Mr. President. 19 On behalf of the gentlelady from 20 Kings County, Senator Montgomery, I move that 21 Senate Bill 8368 be discharged from its 22 respective committee and be recommitted with 23 instructions to strike the enacting clause. 24 ACTING PRESIDENT GRIFFO: So 25 ordered.

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(518) 371-8910 1 SENATOR SABINI: And on behalf of 2 the gentlelady from Westchester County, 3 Senator Stewart-Cousins, on page number 39 I 4 offer the following amendments to Calendar 5 Number 1027, Senate Print Number 5807A, and 6 ask that said bill retain its place on the 7 Third Reading Calendar. 8 ACTING PRESIDENT GRIFFO: The 9 amendments are received and adopted, and the 10 bill will retain its place on the Third 11 Reading Calendar. 12 The Secretary will now read the 13 substitutions. 14 THE SECRETARY: On page 10, 15 Senator O. Johnson moves to discharge, from 16 the Committee on Health, Assembly Bill Number 17 2988A and substitute it for the identical 18 Senate Bill Number 1344A, Third Reading 19 Calendar 230. 20 On page 29, Senator Maziarz moves 21 to discharge, from the Committee on Health, 22 Assembly Bill Number 1206A and substitute it 23 for the identical Senate Bill Number 1608, 24 Third Reading Calendar 817. 25 On page 33, Senator Libous moves to

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(518) 371-8910 1 discharge, from the Committee on Agriculture, 2 Assembly Bill Number 536A and substitute it 3 for the identical Senate Bill Number 3082A, 4 Third Reading Calendar 894. 5 ACTING PRESIDENT GRIFFO: Can we 6 have order in the chamber, please. 7 THE SECRETARY: On page 59, 8 Senator Skelos moves to discharge, from the 9 Committee on Rules, Assembly Bill Number 10 10252A and substitute it for the identical 11 Senate Bill Number 7990, Third Reading 12 Calendar 1366. 13 On page 64, Senator Winner moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 1599A and substitute it 16 for the identical Senate Bill Number 7796, 17 Third Reading Calendar 1461. 18 On page 69, Senator Morahan moves 19 to discharge, from the Committee on Local 20 Government, Assembly Bill Number 9092 and 21 substitute it for the identical Senate Bill 22 Number 1475, Third Reading Calendar 1558. 23 On page 70, Senator Volker moves to 24 discharge, from the Committee on Codes, 25 Assembly Bill Number 750 and substitute it for

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(518) 371-8910 1 the identical Senate Bill Number 2677, Third 2 Reading Calendar 1565. 3 On page 71, Senator DeFrancisco 4 moves to discharge, from the Committee on 5 Transportation, Assembly Bill Number 6479A and 6 substitute it for the identical Senate Bill 7 Number 3683A, Third Reading Calendar 1572. 8 And on page 71, Senator Golden 9 moves to discharge, from the Committee on 10 Finance, Assembly Bill Number 2845B and 11 substitute it for the identical Senate Bill 12 Number 5567A, Third Reading Calendar 1579. 13 ACTING PRESIDENT GRIFFO: 14 Substitutions so ordered. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 if we could go to the noncontroversial reading 18 of the calendar. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 44, by Senator Farley, Senate Print 902B, an 23 act to amend the Public Health Law, in 24 relation to penalties for violations. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 60th day. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 122, by Senator Little, Senate Print 4913A, an 12 act to amend the Retirement and Social 13 Security Law, in relation to retirement and 14 benefits. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 214, by Senator Maziarz, Senate Print 6778, an 2 act to amend the Civil Service Law, in 3 relation to leaves of absence. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. Nays, 12 1. Senator Rath recorded in the negative. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 230, substituted earlier by Member of the 17 Assembly Weisenberg, Assembly Print Number 18 2988A, an act to amend Public Health Law, in 19 relation to requiring certain recreational 20 swimming facilities. 21 ACTING PRESIDENT GRIFFO: There 22 is a local fiscal impact statement at the 23 desk. 24 The Secretary will read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 120th day. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 519, by Senator Libous, Senate Print 5358A, an 11 act to amend the Highway Law and the Public 12 Authorities Law, in relation to establishing. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT GRIFFO: Senator 21 Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. I just want to explain my vote 24 briefly on this. 25 This legislation is going to bring

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(518) 371-8910 1 New York State forward in the transportation 2 field, like 42 other states, where you drive 3 through the highways of Pennsylvania, for 4 instance, and if you look, the exits coincide 5 with the mile markers. 6 This is what we want to do in 7 New York. It makes an awful lot of sense. We 8 recognize that -- Mr. President, could we have 9 a little order, please. 10 ACTING PRESIDENT GRIFFO: Once 11 again, I ask the members to please take seats. 12 Take staff conversations outside the chamber. 13 In order for the steno to have an 14 accurate representation of these proceedings, 15 please cooperate. 16 SENATOR LIBOUS: Thank you, 17 Mr. President. If I can continue. Just on 18 the bill, Mr. President. 19 Again, this is going to move 20 New York State forward. We will hopefully, 21 once the Assembly passes this and the Governor 22 signs it, become the 44th state to have exits 23 coincide with mile markers. 24 It is a positive sign for not only 25 tourism but also our emergency services

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(518) 371-8910 1 personnel, both fire emergency, EMTs, all have 2 been very supportive of this legislation 3 because they tell us that it would be much 4 easier to find distressed vehicles and those 5 who are injured. 6 So I'm very pleased that this house 7 is passing this bill, and we certainly await 8 the Assembly to do the same later this year. 9 ACTING PRESIDENT GRIFFO: Senator 10 Libous will be recorded in the affirmative. 11 Announce the results. 12 THE SECRETARY: Ayes, 59. Nays, 13 0. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 525, by Senator Padavan -- 18 SENATOR ADAMS: Lay it aside, 19 please. 20 ACTING PRESIDENT GRIFFO: Lay it 21 aside. 22 THE SECRETARY: Calendar Number 23 558, by Senator Morahan, Senate Print 7033A, 24 an act to amend the Mental Hygiene Law, in 25 relation to establishing.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 813, by Senator C. Kruger, Senate Print 7437A, 13 an act to amend the Executive Law, in relation 14 to the advisory council. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 817, substituted earlier today by Member of 2 the Assembly Gunther, Assembly Print Number 3 1206A, an act to amend the Public Health Law, 4 in relation to requiring. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 894, substituted earlier today by Member of 17 the Assembly Paulin -- 18 SENATOR LIBOUS: Lay it aside for 19 the day, please. 20 ACTING PRESIDENT GRIFFO: Lay it 21 aside for the day. 22 THE SECRETARY: Calendar Number 23 1002, by Senator Fuschillo, Senate Print 24 7577A, an act to amend the Penal Law, in 25 relation to unlawfully permitting.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1019, by Senator Young, Senate Print -- 13 SENATOR SABINI: Lay it aside. 14 ACTING PRESIDENT GRIFFO: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 1070, by Senator Larkin, Senate Print 6955, an 18 act to amend the Alcoholic Beverage Control 19 Law, in relation to licenses. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 120th day. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1089, by Senator Morahan, Senate Print 4437A, 7 an act to amend the Mental Hygiene Law, in 8 relation to statewide goals and objectives. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1114, by Senator Saland, Senate Print 7982A, 21 an act to amend the Social Services Law, in 22 relation to responsibilities. 23 ACTING PRESIDENT GRIFFO: 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 GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1118, by Senator Bonacic, Senate Print 4022A, 10 an act to amend the Public Health Law, in 11 relation to establishing. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1131, by Senator Seward, Senate Print 5137A, 24 an act to amend the State Finance Law, in 25 relation to the maintenance of effort

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(518) 371-8910 1 requirement. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect April 1, 2008. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. Nays, 10 1. Senator Montgomery recorded in the 11 negative. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1135, by Senator DeFrancisco, Senate Print -- 16 SENATOR SABINI: Lay it aside, 17 please. 18 ACTING PRESIDENT GRIFFO: Lay it 19 aside. 20 THE SECRETARY: Calendar Number 21 1136, by Senator Libous, Senate Print 6828A, 22 an act authorizing the -- 23 SENATOR SABINI: Lay it aside. 24 ACTING PRESIDENT GRIFFO: Lay it 25 aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1201, by Senator Marcellino, Senate Print 3 607A, an act to amend the Education Law, in 4 relation to requiring. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 11. This 8 act shall take effect on the first of July. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 Oppenheimer. 14 SENATOR OPPENHEIMER: I'd just 15 like to speak against this bill briefly, 16 because public school critics have been in a 17 national effort mounting a campaign that would 18 publicize the amount of money spent on 19 instructional expenses in school districts. 20 And they've established a goal of ensuring 21 that at least 65 percent of the expenditures 22 are spent inside of the classroom. 23 Well, I'm happy to report in 24 New York State we are way above 65 percent. 25 We're at 78 percent of the expenditures on

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(518) 371-8910 1 schools are spent in our classrooms. 2 And I'm urging a no vote because 3 the definition of "instructional expense" is 4 very broad -- that's good -- but nonetheless 5 it represents a burden on our school 6 districts. The information happens to be 7 available online, so the bill probably is 8 unnecessary. 9 Rural and small districts are going 10 to appear wasteful, because a greater 11 percentage of their expenditures are obviously 12 necessarily spent on transportation costs. 13 And it makes them look less successful by 14 comparison because they have to spend it on 15 transportation rather than in the classroom. 16 There's several other reasons. But 17 I think that we can be proud of the percentage 18 that we do spend in New York State. And the 19 information is readily available on the 20 Internet. 21 So for those reasons, I'm going to 22 be voting no, and I think other people should 23 too. 24 ACTING PRESIDENT GRIFFO: Senator 25 Oppenheimer will be recorded in the negative.

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(518) 371-8910 1 Senator Marcellino. 2 SENATOR MARCELLINO: Thank you, 3 Mr. President. 4 I'm going to urge a yes vote, 5 because all this bill is is a means of -- it's 6 transparency. It's letting people know where 7 their tax dollars are going for their 8 particular district. Not a statewide average, 9 which is at 68 percent, not a national 10 average -- I'm sorry, the national average at 11 68 percent, a statewide average at 12 78 percent -- but where their particular 13 district lies. 14 The taxpayers have a right to know 15 exactly where the dollars are going and why. 16 They then can go to their school districts and 17 their school boards and say, "What's going on 18 here? Why are you doing this? Why are you 19 not doing that?" It simply allows the 20 districts to be responsive to their 21 communities and to their people. There's no 22 other reason for it. 23 As far as a small school district 24 having to spend money on transportation, I'm 25 sure the residents of that district could

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(518) 371-8910 1 explain and understand an explanation that 2 would give a good reason why they have to 3 spend money on transportation; namely, long 4 distances between schools and their homes. 5 I don't see this as a problem. It 6 is simply saying that you should know where 7 your dollars are going. And I don't 8 understand why anybody wouldn't want that 9 done, why anybody would be afraid to have the 10 percentage of money going into the classroom 11 being perfectly stated or obviously stated on 12 the report card that the district puts out. 13 Now, as far as the terms being 14 overly broad, the Commissioner of Education, 15 it's his own regulations that defines these 16 rules. It's Regulation 175.39. And it simply 17 says "The expenses included are curriculum 18 development and supervision, research, 19 planning and evaluation, in-service training, 20 teaching programs for children with 21 disabilities, occupational education, special 22 education teaching, pre-K programs, school 23 library and audiovisuals, educational 24 television, computer assisted instruction, 25 attendance efforts, guidance, health services,

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(518) 371-8910 1 psychological services, social work services, 2 pupil personnel services, interscholastic 3 athletics, and employee benefits." 4 There's nothing broad, there's 5 nothing overly sweeping. These are very 6 specific statements, they're very specific 7 programs. Every district knows them. The 8 fact that you can compile statewide averages 9 and national averages shows that the 10 information is there. The district simply is 11 making it easier for the taxpayer. 12 It should be as simple as possible 13 for the taxpayer to get this information. 14 That's all this bill does. I urge a yes vote 15 in order to give the taxpayers the full 16 information as to exactly where their tax 17 dollars are going and why. 18 Thank you, Mr. President. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Marcellino. To be recorded in 21 the affirmative. 22 Senator Diaz, to explain his vote. 23 SENATOR DIAZ: Thank you, 24 Mr. President. 25 I have to join Senator Marcellino

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(518) 371-8910 1 in asking the same question. I don't know why 2 anyone would want to hide the money. I mean, 3 we send, every year we send -- I'm from 4 New York City, from the Bronx. And at one 5 time the mayor of the City of New York hired 6 Herman Badillo to go and find out where is the 7 money. And after hiring so many accountants, 8 the money was -- no one could find the money. 9 So we don't even know how -- where 10 the money in education is spent. We all know 11 that in the State of New York we spend $18,000 12 per student annually. But we don't know where 13 the money goes. 14 So by passing a law to tell us, to 15 require that each school district includes the 16 percentage of its budget spent on 17 instructional expenses, I mean, that's -- 18 that's simple. Yes, tell us. Tell us how 19 much money of all the money we send, of all 20 the money you spend, of all the billions of 21 dollars you get, where the money goes. 22 So to oppose something like this, 23 you know, amazing. I can't oppose something 24 like this. I have to agree with Senator 25 Marcellino, this is a good piece of

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(518) 371-8910 1 legislation. 2 We should all find out where the 3 money goes, how much money goes into 4 instructional education, how the educational 5 department spends the money. Yes. And that's 6 I'm here voting yes on this bill. 7 ACTING PRESIDENT GRIFFO: Senator 8 Diaz to be recorded in the affirmative. 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1201 are 12 Senators Breslin, Connor, Hassell-Thompson, 13 L. Krueger, Oppenheimer, Perkins, Sabini, 14 Savino, Schneiderman, Serrano, Stachowski, 15 Stavisky and Thompson. 16 Ayes, 46. Nays, 13. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1223, by Senator DeFrancisco, Senate Print 21 7546A, an act to authorize the Village of 22 North Syracuse in the County of Onondaga. 23 ACTING PRESIDENT GRIFFO: There 24 is a home-rule message at the desk. 25 The Secretary will read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 6. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1262, by Senator Larkin, Senate Print 7773, an 12 act to amend the General Municipal Law, in 13 relation to authorizing. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1300, by Senator Seward, Senate Print 3759, an

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(518) 371-8910 1 act to amend the Abandoned Property Law, in 2 relation to determination of claims. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1305, by Senator Libous, Senate Print 6516A, 15 an act to amend the State Finance Law, in 16 relation to establishing the Bridge and Road 17 Investment and Dedicated Fund Guaranteed 18 Enforcement "BRIDGE" Reform Act. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1366, substituted earlier today by Member of 6 the Assembly Hooper, Assembly Print Number 7 10252A, an act to amend the Retirement and 8 Social Security Law, in relation to mandatory 9 retirement age. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1393, by Senator Nozzolio, Senate Print 7616A, 22 an act to amend the Criminal Procedure Law, in 23 relation to granting uniformed marine patrol 24 officers. 25 ACTING PRESIDENT GRIFFO: 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 GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1393 are 9 Senators L. Krueger and Perkins. 10 Ayes, 57. Nays, 2. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1396, by Senator Little, Senate Print 7729A, 15 an act to amend the Criminal Procedure Law, in 16 relation to designating Village of Lake 17 George -- 18 SENATOR SABINI: Lay it aside. 19 ACTING PRESIDENT GRIFFO: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 1404, by Senator Saland, Senate Print 7986, an 23 act to amend the Penal Law, in relation to 24 prostitution offenses. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 10. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1407, by Senator Maltese, Senate Print 8207, 12 an act to amend the Penal Law, in relation to 13 establishing the offense of unlawful violent 14 recording. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1445, by Senator Nozzolio, Senate Print 547, 3 an act to amend the Executive Law, in relation 4 to prohibiting. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 DeFrancisco, to explain his vote. 14 SENATOR DeFRANCISCO: Yes, I'm 15 going to vote in the negative. 16 If a lien is filed, it's either a 17 lien or it's not a lien. I don't think it's 18 consistent to call it a lien but it's not 19 going to have any effect on credit. So that's 20 the reason for voting against this bill. 21 ACTING PRESIDENT GRIFFO: Senator 22 DeFrancisco to be recorded in the negative. 23 Announce the results. 24 THE SECRETARY: Ayes, 58. Nays, 25 1. Senator DeFrancisco recorded in the

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(518) 371-8910 1 negative. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1454, by Senator Nozzolio, Senate Print 7763, 6 an act to amend the Correction Law, in 7 relation to adaptive reuse plans. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. Nays, 16 1. Senator Montgomery recorded in the 17 negative. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1461, substituted earlier today by Member of 22 the Assembly Magee, Assembly Print Number 23 1599A, an act to amend the Alcoholic Beverage 24 Control Law, in relation to hours of wine 25 tasting.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1493, by Senator Young, Senate Print 7669, an 13 act to amend the Municipal Home Rule Law, in 14 relation to authorizing. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1502, by Senator LaValle, Senate Print 7624, 2 an act to amend the Public Authorities Law, in 3 relation to the "I Live New York" student loan 4 program. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of January 9 next succeeding. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1513, by Senator Griffo, Senate Print 7499, an 18 act to amend the Mental Hygiene Law, in 19 relation to providing additional discharge 20 planning. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 180th day. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1537, by Senator DeFrancisco, Senate Print 8 8311A, an act in relation to terms and 9 conditions of employment for certain 10 nonjudicial officers and employees. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 11. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1550, by Senator Seward -- 23 SENATOR DUANE: Lay it aside, 24 please. 25 ACTING PRESIDENT GRIFFO: Lay it

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(518) 371-8910 1 aside. 2 THE SECRETARY: Calendar Number 3 1553, by Senator Larkin, Senate Print 425B, an 4 act to amend the Tax Law, in relation to 5 providing an exemption. 6 ACTING PRESIDENT GRIFFO: There 7 is a local fiscal impact note at the desk. 8 The Secretary will read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1553 are 17 Senators Duane, L. Krueger, Montgomery, 18 Perkins and Serrano. 19 Ayes, 55. Nays, 5. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1554, by Senator Golden, Senate Print 456, an 24 act to amend the Executive Law, in relation to 25 designating the month of September as

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(518) 371-8910 1 Firefighter, Police Officer and Emergency 2 Medical Technician Appreciation Month. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of January. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1555, by Senator Saland, Senate Print 525A, an 15 act to amend the State Finance Law, in 16 relation to providing state reimbursement. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1556, by Senator Nozzolio, Senate Print 589, 4 an act to amend the Executive Law, in relation 5 to certain uniform fire prevention and 6 building code standards. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. Nays, 15 1. Senator L. Krueger recorded in the 16 negative. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1557, by Senator Marcellino, Senate Print 613, 21 an act to amend the Vehicle and Traffic Law, 22 in relation to establishing the School Safety 23 Zone Act. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1558, substituted earlier today by Member of 12 the Assembly Jaffee, Assembly Print Number 13 9092, an act authorizing Northeastern 14 Conference Corporation of Seventh Day 15 Adventists. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. Nays, 24 1. Senator Bonacic recorded in the negative. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1559, by Senator Robach, Senate Print 1697, an 4 act to amend the Penal Law, in relation to 5 aggravated vehicular assault. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the first of 10 November. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1560, by Senator Volker -- 19 SENATOR VOLKER: Lay it aside for 20 the day, please. 21 ACTING PRESIDENT GRIFFO: Lay it 22 aside for the day, at the request of the 23 sponsor. 24 THE SECRETARY: Calendar Number 25 1561, by Senator DeFrancisco, Senate Print

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(518) 371-8910 1 2060, an act to amend the Tax Law, in relation 2 to providing an additional personal income tax 3 exemption. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT GRIFFO: Senator 12 DeFrancisco, to explain his vote. 13 SENATOR DeFRANCISCO: Yes, I vote 14 aye. 15 Basically this bill will give 16 another thousand-dollar exemption to a family 17 that takes care of a person over 70 years of 18 age if the person has income below $5,000. 19 You know, in this day and age where 20 we're providing so much money for adult care 21 facilities or for visiting nurses or for any 22 other assistance that the state may give, 23 there's many family members still to this day 24 doing what they can on their own for their 25 loved ones. And although this exemption is

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(518) 371-8910 1 not going to make a huge dent in the costs 2 that they are experiencing in caring for the 3 elderly individual, I think the least thing we 4 can do is provide an independent exemption for 5 them. 6 So I vote aye for that reason. 7 ACTING PRESIDENT GRIFFO: Senator 8 DeFrancisco to be recorded in the affirmative. 9 Announce the results. 10 THE SECRETARY: Ayes, 60. Nays, 11 0. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1563, by Senator Seward, Senate Print 2179A, 16 an act to amend the Tax Law, in relation to 17 habitat conservation tax credit. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 6. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1564, by Senator Smith, Senate Print 2438, an 5 act to amend the Penal Law, in relation to 6 increasing the penalties. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. Nays, 16 1. Senator Duane recorded in the negative. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1565, substituted earlier today by Member of 21 the Assembly Wright, Assembly Print Number 22 750, an act to amend the Civil Practice Law 23 and Rules, in relation to termination of an 24 action. 25 ACTING PRESIDENT GRIFFO: 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 GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1566, by Senator Farley, Senate Print 2744, an 12 act to amend the Penal Law, in relation to 13 increasing the penalty. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. Nays, 23 2. Senators Duane and Montgomery recorded in 24 the negative. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1567, by Senator Seward, Senate Print 3019B, 4 an act to amend the Insurance Law and the 5 State Finance Law, in relation to enforcement. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1569, by Senator Winner, Senate Print 3238B, 18 an act to amend the Tax Law and others, in 19 relation to enacting the Omnibus Emergency 20 Services Volunteer Incentive Act. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 11. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1570, by Senator Skelos, Senate Print 3430, an 8 act to amend the Tax Law, in relation to 9 qualified emerging technology company 10 facilities. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. Nays, 19 1. Senator L. Krueger recorded in the 20 negative. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1571, by Senator Leibell, Senate Print 3654A, 25 an act to amend the Military Law and the State

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(518) 371-8910 1 Finance Law, in relation to creating. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1572, substituted earlier today by Member of 14 the Assembly Magnarelli, Assembly Print Number 15 6479A, an act to amend the Vehicle and Traffic 16 Law, in relation to eliminating. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1573, by Senator Alesi, Senate Print 4340, an 4 act to amend the Penal Law, in relation to 5 endangering the welfare of a child. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first of 10 November. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1574, by Senator Marcellino, Senate Print 19 4717A, an act to authorize the Incorporated 20 Village of Muttontown. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. Nays, 4 1. Senator Bonacic recorded in the negative. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1575, by Senator LaValle, Senate Print 4735, 9 an act to amend the Vehicle and Traffic Law, 10 in relation to increasing the minimum period. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1576, by Senator Young, Senate Print 4903, an 24 act to amend the Labor Law, in relation to 25 asbestos project notification fees.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1577, by Senator Griffo, Senate Print 4932, an 13 act to amend the Penal Law, in relation to 14 sexual abuse. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. Nays, 24 1. Senator Montgomery recorded in the 25 negative.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1578, by Senator Bonacic -- 5 SENATOR VOLKER: Lay it aside for 6 the day, please. 7 ACTING PRESIDENT GRIFFO: Lay it 8 aside for the day. 9 THE SECRETARY: Calendar Number 10 1579, substituted earlier today by Member of 11 the Assembly Towns, Assembly Print Number 12 2845B, an act to amend the Executive Law, in 13 relation to establishing. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1580, by Senator Trunzo, Senate Print 6868, an

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(518) 371-8910 1 act to amend the Penal Law, in relation to 2 prohibiting certain sex offenders. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. Nays, 11 2. Senators Montgomery and Perkins recorded 12 in the negative. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 Senator Volker, that completes the 16 noncontroversial reading of the calendar. 17 SENATOR VOLKER: Mr. President, 18 could we have the controversial reading of the 19 calendar, please. 20 ACTING PRESIDENT GRIFFO: The 21 Secretary will ring the bell. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 525, by Senator Padavan, Senate Print 66, an 25 act to amend the Penal Law, in relation to

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(518) 371-8910 1 including gambling. 2 SENATOR DUANE: Explanation. 3 ACTING PRESIDENT GRIFFO: 4 Explanation. 5 SENATOR PADAVAN: Thank you, 6 Mr. President. 7 Currently Internet gambling is 8 illegal under federal law and state law. 9 However, there are some provisions that 10 require clarification and amendment, and 11 that's what this legislation would do. 12 We include in the current law a 13 change that would prohibit explicitly 14 including Internet gambling in terms of 15 endorsements as an offense under Article 225 16 of the existing penal code. In addition, we 17 also include the computer as a gambling device 18 under that same provision of law. 19 ACTING PRESIDENT GRIFFO: Senator 20 Adams, why do you rise? 21 SENATOR ADAMS: If the sponsor 22 would yield for a question, through you, 23 Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Padavan, will you yield for a question?

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(518) 371-8910 1 SENATOR PADAVAN: Yes. 2 ACTING PRESIDENT GRIFFO: Senator 3 Adams. 4 SENATOR ADAMS: I'm looking at 5 your sponsor memo, and it states that Internet 6 gambling has been found specifically 7 prohibited by federal law. 8 Are you aware of the U.S. courts 9 ruling and the federal appeals court ruling on 10 this topic? 11 ACTING PRESIDENT GRIFFO: Senator 12 Padavan. 13 SENATOR PADAVAN: No, I am not, 14 Senator. 15 SENATOR ADAMS: Would the sponsor 16 continue to yield. 17 ACTING PRESIDENT GRIFFO: Senator 18 Padavan, do you continue to yield? 19 SENATOR PADAVAN: Yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Adams. 22 SENATOR ADAMS: The U.S. courts 23 as well as the federal court has directly 24 ruled that the interpretation is not correct 25 that Internet gambling is against the law on

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(518) 371-8910 1 the federal level. Are you familiar with the 2 Department of Justice position on this topic? 3 ACTING PRESIDENT GRIFFO: Senator 4 Padavan. 5 SENATOR PADAVAN: I didn't hear 6 the last part. Would you repeat that? 7 SENATOR ADAMS: The Department of 8 Justice. 9 SENATOR PADAVAN: Department of 10 Justice? 11 SENATOR ADAMS: Yes. 12 SENATOR PADAVAN: Senator, I'm 13 not familiar with that citation of the court 14 you mentioned. 15 However, I am familiar with Section 16 225 of our state law, which is what we are 17 amending. So now whether that's relevant to 18 the federal court case that you referred to is 19 questionable in my mind. 20 However, as far as I understand it, 21 state law currently in effect which prohibits 22 Internet gambling is the law of the State of 23 New York. 24 And what we're doing here, as I 25 explained at the outset, is clarifying certain

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(518) 371-8910 1 provisions of that existing law. 2 SENATOR ADAMS: Would the sponsor 3 continue to yield. 4 ACTING PRESIDENT GRIFFO: Senator 5 Padavan, do you continue to yield? 6 SENATOR PADAVAN: Yes. 7 ACTING PRESIDENT GRIFFO: Senator 8 Adams. 9 SENATOR ADAMS: Through you, 10 Mr. President. According to the Penal Law, 11 are you familiar that the Penal Law 12 indicates -- basically exempts the actual 13 player? 14 ACTING PRESIDENT GRIFFO: Senator 15 Padavan. 16 SENATOR PADAVAN: That it what? 17 SENATOR ADAMS: Exempts the 18 player. According to the Penal Law, it says 19 acting other than as a player. 20 SENATOR PADAVAN: We're talking 21 about various things: those who promote it, 22 those who facilitate it, and the device that 23 is used to implement it. That's the law we're 24 dealing with. 25 I'm not talking necessarily about

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(518) 371-8910 1 the 14-year-old kid who gets on the Internet 2 and starts gambling, as many of them are doing 3 in this state, an increasingly greater number 4 every year. We have a serious problem in 5 New York State in regard to adolescent 6 gambling and gambling across the board, but 7 that's the fastest growing. And those kids 8 have access to the Internet. 9 And Internet gambling endorsed by 10 celebrities, quote, getting them into that 11 mode of activity is destructive, to say the 12 least. And we're trying to close a few 13 loopholes in that particular provision. 14 SENATOR ADAMS: Would the sponsor 15 continue to yield, Mr. President? 16 ACTING PRESIDENT GRIFFO: Senator 17 Padavan, do you continue to yield? 18 SENATOR PADAVAN: Yes. 19 SENATOR ADAMS: I agree with you, 20 Senator Padavan. Not only do I know the song, 21 but I wrote it. 22 My question is, is your law going 23 after those who are actually playing Internet 24 gambling? Is that what your change in law is 25 going to do?

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(518) 371-8910 1 SENATOR PADAVAN: The section 2 that we're dealing with, Senator, doesn't go 3 after the player, it goes after the person or 4 companies or individuals who are implementing 5 this. In one way or the other. I thought I 6 explained that before. And that's what 7 Section 225 of our penal code does. 8 SENATOR ADAMS: Would the sponsor 9 continue to yield. 10 ACTING PRESIDENT GRIFFO: Senator 11 Padavan, do you continue to yield? 12 SENATOR PADAVAN: Yes. 13 ACTING PRESIDENT GRIFFO: Senator 14 Adams. 15 SENATOR ADAMS: Through you, 16 Mr. President. 17 Senator Padavan, if your bill is 18 passed, it will prevent not only 14-year-olds, 19 as you stated, but it will also prevent adults 20 from participate in Internet gambling, those 21 who can't go to Las Vegas or Atlantic City or 22 who are restricted to homebound, it will also 23 prevent them from playing? 24 SENATOR PADAVAN: Senator, it is 25 currently against the law in New York State

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(518) 371-8910 1 for Internet gambling to take place. That's 2 the law today. What we're doing is clarifying 3 certain provisions of that law. 4 So what you just said is already in 5 effect, not by virtue of these changes that 6 clarify and amend, but by virtue of what is 7 already in law. And I know of no effort, at 8 least not in this house, to repeal Section 225 9 of the penal code. 10 Now, the fact remains, Senator, if 11 you want to understand gambling in New York 12 State, I'll be glad to give you a report we 13 published a few years ago, "All Gambling, All 14 the Time." And in here you will read studies 15 done by our State of New York Council on 16 Problem Gambling pointing out how this 17 addiction is now affecting well over a million 18 people in New York State, with racinos, with 19 VLTs, with Quick Draw, with Super Lotto, with 20 Lottery scratch-offs. 21 We are wagering in this state more 22 than any state in the nation on an aggregate 23 basis or on a per capita basis. 24 And it also points, in the studies 25 that we have referred to and which have been

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(518) 371-8910 1 undertaken, that the largest increase 2 percentagewise is among adolescents, who as 3 you know and I know have a great deal of 4 access today to the Internet. 5 Now, I really feel sorry for the 6 person who can't travel to Atlantic City or to 7 Las Vegas to play the games that you would 8 like them to play. But frankly, I have a 9 greater degree of sorrow and concern for the 10 million-plus people in this state who are 11 suffering -- as well as their families, as 12 well as society in general -- because of the 13 prolifical way this state has promoted, 14 encouraged and dealt with gambling issues 15 across the board. 16 This is one part of it, a very 17 small part of it, that we're attempting to 18 deal with which we feel makes sense. 19 SENATOR ADAMS: Would the sponsor 20 continue to yield for one final question, 21 Mr. President. 22 SENATOR PADAVAN: One more 23 question, Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Padavan, will you continue to yield for a

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(518) 371-8910 1 final question? 2 SENATOR PADAVAN: Yes. 3 ACTING PRESIDENT GRIFFO: Senator 4 Adams. 5 SENATOR ADAMS: I actually stated 6 one final question prior to you saying "one 7 more question." 8 This actually embarks on what 9 happens on the Internet, so it's bigger than 10 that. And I'm sorry that you will limit the 11 question if you believe wholeheartedly in this 12 bill. 13 But my question to you that I asked 14 you and you have yet to answer is that does 15 this prevent -- you stated that current law 16 prevents gambling in the State of New York. 17 Is it prevented from the player? That's my 18 question to you. 19 SENATOR PADAVAN: Current law 20 does not affect the player. Current law is 21 what it is. And that's what we're amending. 22 SENATOR ADAMS: Thank you. 23 ACTING PRESIDENT GRIFFO: Thank 24 you. 25 Is there any other member wishing

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(518) 371-8910 1 to be heard? 2 Senator Volker. 3 SENATOR VOLKER: Will the sponsor 4 yield for one question. 5 SENATOR PADAVAN: Yes. 6 SENATOR VOLKER: Senator, is this 7 bill any different than the bill that was 8 passed unanimously in this house in 2006 and 9 2007? 10 SENATOR PADAVAN: No. Same bill. 11 SENATOR VOLKER: Thank you. 12 ACTING PRESIDENT GRIFFO: Senator 13 C. Johnson. 14 SENATOR CRAIG JOHNSON: Will the 15 sponsor yield for one more question, please. 16 SENATOR PADAVAN: Yes. 17 ACTING PRESIDENT GRIFFO: Senator 18 Padavan, would you yield to Senator Johnson? 19 SENATOR PADAVAN: Yes. 20 SENATOR CRAIG JOHNSON: Thank 21 you, Senator Padavan. Through you, 22 Mr. President, because I wasn't here in 2007, 23 just a clarification. 24 The bill proposes to change the 25 definition of "advance gambling activity" to

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(518) 371-8910 1 include the phrase "toward the public 2 endorsement thereof." And reading the 3 memorandum in support, one of the concerns you 4 have as the sponsor is the public endorsement 5 of illegal gambling by celebrities. 6 Does that mean that this bill is 7 making it a crime for a celebrity to endorse 8 the Internet gambling that's occurring today? 9 SENATOR PADAVAN: In New York 10 State, yes. 11 SENATOR CRAIG JOHNSON: Okay. 12 Thank you very much. Thank you. 13 ACTING PRESIDENT GRIFFO: Thank 14 you. 15 Senator Sabini. 16 SENATOR SABINI: Mr. President, 17 will the sponsor yield for a question. 18 ACTING PRESIDENT GRIFFO: Senator 19 Padavan, will you yield for a question? 20 SENATOR PADAVAN: Yes. 21 ACTING PRESIDENT GRIFFO: Senator 22 Sabini. 23 SENATOR SABINI: Through you, 24 Mr. President, I'd like to ask the sponsor, 25 since -- and I voted for this bill before, but

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(518) 371-8910 1 I'm troubled by an answer he gave to an 2 earlier question. Isn't the ban on Internet 3 poker now subject to federal statute? 4 ACTING PRESIDENT GRIFFO: Senator 5 Padavan. 6 SENATOR PADAVAN: Senator, you're 7 right, it is. As a matter of fact, in my 8 opening statement I indicated that it is 9 illegal under federal statute. 10 A member, however -- you may have 11 heard him a moment ago -- referred to some 12 court case that I'm not familiar with. 13 But nevertheless, we are dealing 14 with state law. And that's what I'm amending, 15 not federal law. 16 SENATOR SABINI: Through you, 17 Mr. President, if the sponsor would continue 18 to yield. 19 ACTING PRESIDENT GRIFFO: Senator 20 Padavan, would you continue to yield? 21 SENATOR PADAVAN: Yes. 22 ACTING PRESIDENT GRIFFO: Senator 23 Sabini. 24 SENATOR SABINI: Under the 25 justification of the bill, and as mentioned in

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(518) 371-8910 1 the question with Senator Craig Johnson, you 2 said that this would clarify existing law to 3 put a ban on endorsement of Internet gambling 4 by celebrities and other public figures. 5 Would a public figure be an 6 Internet poker player or a professional poker 7 player? 8 SENATOR PADAVAN: If their 9 capacity is that of endorsing the activity in 10 New York State, yes. 11 SENATOR SABINI: Through you, 12 Mr. President, would the sponsor would 13 continue to yield. 14 ACTING PRESIDENT GRIFFO: Senator 15 Padavan, would you continue to yield? 16 SENATOR PADAVAN: Yes. 17 ACTING PRESIDENT GRIFFO: Senator 18 Sabini. 19 SENATOR SABINI: So under this 20 bill, if someone were to advertise in a 21 publication, a hard-copy publication, say a 22 magazine in New York, for an Internet gaming 23 site that was offshore, that publication would 24 be taking an illegal ad? 25 SENATOR PADAVAN: The individual

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(518) 371-8910 1 would be committing a crime if this became 2 law. 3 You know, Senator, if you stood 4 outside your district and said I endorse 5 Internet gambling, you are a celebrity in your 6 district, and you'd be breaking the law. We 7 wouldn't want you to do that. 8 SENATOR SABINI: Through you, 9 Mr. President, if the sponsor would continue 10 to yield. 11 ACTING PRESIDENT GRIFFO: Senator 12 Padavan, would you continue to yield? 13 SENATOR PADAVAN: Yes. One more. 14 ACTING PRESIDENT GRIFFO: Senator 15 Sabini. 16 SENATOR SABINI: So would that 17 make, for example, our former Senator in 18 New York State, Senator D'Amato, as head of 19 the Poker Players Alliance, and who has done 20 many ads in national publications and 21 newspapers calling for the reversal of the 22 federal ban on Internet poker, would that make 23 him a violator of this law? 24 SENATOR PADAVAN: I'm not sure of 25 the context in which you put it --

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(518) 371-8910 1 SENATOR SABINI: He's a 2 celebrity. 3 SENATOR PADAVAN: He is a 4 celebrity, obviously. If you're a celebrity, 5 then certainly he's a celebrity. 6 And if he's going to publicly 7 endorse the activity you just described, yes, 8 if this became law, he would be in violation 9 of it. 10 SENATOR SABINI: Thank you, 11 Mr. President. 12 ACTING PRESIDENT GRIFFO: Thank 13 you, Senators. 14 Any other Senator wishing to be 15 heard? 16 Senator DeFrancisco. 17 SENATOR DeFRANCISCO: Yes, just 18 as a point of clarification, you've already 19 answered that this does not prevent 20 individuals from playing, because that's the 21 first phrase of the bill. I understand that. 22 But what I'm a little unclear on, 23 there's a section here dealing with adding 24 computers as gambling devices. And I guess my 25 question is if I'm an individual playing a

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(518) 371-8910 1 computer gambling game in the privacy of my 2 home on a computer, although you can't 3 prosecute me as a result of the fact that 4 individuals can't be prosecuted, can somebody 5 seize my illegal gambling device? 6 SENATOR PADAVAN: Senator, just 7 to give you an answer that might clarify your 8 question, today slot machines, other than 9 those operated by the state under the 10 misguided euphemism of VLTs, are illegal, and 11 they're used to gamble. Some places have been 12 found to have these poker machines. They're 13 illegal. 14 Now, if you're using the computer 15 for the same purpose, it then becomes a 16 gambling device and therefore would be illegal 17 under this provision. The answer to your 18 question is yes. 19 ACTING PRESIDENT GRIFFO: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: One other 22 question. 23 So it's not illegal for me to play 24 the game on a computer, but it's illegal for 25 the computer to be used for that purpose?

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(518) 371-8910 1 SENATOR PADAVAN: That's correct. 2 ACTING PRESIDENT GRIFFO: Senator 3 Krueger. 4 SENATOR LIZ KRUEGER: Thank you. 5 If the sponsor would please yield for a 6 question. 7 ACTING PRESIDENT GRIFFO: Senator 8 Padavan, will you yield for a question from 9 Senator Krueger? 10 SENATOR PADAVAN: Yes. 11 ACTING PRESIDENT GRIFFO: Senator 12 Krueger. 13 SENATOR LIZ KRUEGER: Thank you, 14 Senator. Thank you, Mr. President. 15 So I voted for this bill in the 16 past, and I would like to vote for it again -- 17 SENATOR PADAVAN: And you showed 18 good judgment, Senator. And hopefully you'll 19 do it again. 20 SENATOR LIZ KRUEGER: Thank you 21 very much, Senator. 22 But again, as we're sitting here 23 and looking at the sentences in the bill, and 24 to follow up on Senator DeFrancisco's 25 question, if I am an Internet cafe or a

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(518) 371-8910 1 library or a school that has computers and 2 people are using them and some of them use 3 them, perhaps without my knowledge, to gamble 4 on the Internet, am I, the library, school or 5 Internet cafe, liable under your law? 6 SENATOR PADAVAN: No. No. 7 SENATOR LIZ KRUEGER: No? Thank 8 you. 9 SENATOR PADAVAN: Again, I want 10 to restate what I have said several times. We 11 are clarifying existing law by virtue of these 12 provisions that we'd like to see included. 13 We're not changing the law dramatically in any 14 way. 15 Currently, Internet gambling is 16 illegal. Therefore, the device that you use 17 is illegal. And we're clarifying it with this 18 proposal. 19 ACTING PRESIDENT GRIFFO: Senator 20 Krueger. 21 SENATOR LIZ KRUEGER: Mr. 22 President, if the sponsor would yield for an 23 additional question. 24 ACTING PRESIDENT GRIFFO: Will 25 you yield to an additional question, Senator

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(518) 371-8910 1 Padavan? 2 SENATOR PADAVAN: Yes. 3 ACTING PRESIDENT GRIFFO: Senator 4 Krueger. 5 SENATOR LIZ KRUEGER: Thank you. 6 You're helping me narrow down the questions. 7 Okay, so somebody who owns the 8 computer -- which might not be you, the 9 gambler -- isn't liable if you use their 10 computer for that purpose. But the bill also 11 talks about the Internet service and their 12 responsibility. So if I am a company, Google, 13 Yahoo, any number of other browsers -- I use 14 those browsers, and occasionally I've seen 15 advertisements for Internet gambling there. 16 Under this law, would those 17 companies be participating in an illegal 18 activity and be liable? 19 SENATOR PADAVAN: Yes. If they 20 are promoting gambling, Internet gambling in 21 New York State -- currently it's against the 22 law. Nothing to do with this bill. It's 23 currently against the law. 24 SENATOR LIZ KRUEGER: So, Mr. 25 President, one more question for the sponsor.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Padavan, will you yield to a last question? 3 SENATOR PADAVAN: One more 4 question, Senator. 5 ACTING PRESIDENT GRIFFO: Senator 6 Krueger. 7 SENATOR LIZ KRUEGER: Thank you. 8 So based on your answer to my last 9 question, how does this bill change that? 10 SENATOR PADAVAN: By virtue of 11 the definitions that we've included, hopefully 12 we will include in the law, by defining what 13 we mean when we say "gambling activity." 14 We include the promotional activity 15 associated with Internet gambling in the 16 definition, and we clarify what the gambling 17 device is in this case; namely, the computer. 18 SENATOR LIZ KRUEGER: Thank you. 19 Mr. President, briefly on the bill. 20 ACTING PRESIDENT GRIFFO: Senator 21 Krueger, briefly on the bill. 22 SENATOR LIZ KRUEGER: Thank you. 23 I appreciate the sponsor's answers not only to 24 my questions but to a series of questions from 25 some of us who I think agree with him on the

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(518) 371-8910 1 very complex issue of gambling, gambling 2 addiction, and particularly the inability for 3 anyone to oversee young people potentially 4 using computers to gamble. 5 I will still vote for this bill 6 again, although I have to say some of the 7 answers to the questions raise some issues for 8 me as to whether we in the State of New York, 9 in the State Legislature, actually have the 10 authority to implement these penalties if 11 we're talking about offshore companies, if 12 we're talking about international Internet 13 websites, if we're talking about access 14 through the most standard browsers that the 15 entire world is using at this time. 16 So it's a matter of respect for the 17 importance of the issue that I'm voting for 18 the bill. But I do have some concerns that 19 this will be challenged federally and even 20 internationally as far as our ability to 21 regulate, in a very complex world of 22 international Internet, offshore computer 23 systems and gambling. But I will vote yes. 24 Thank you, Mr. President. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Diaz. 2 SENATOR DIAZ: Mr. President, 3 will the sponsor yield for a question. 4 ACTING PRESIDENT GRIFFO: Senator 5 Padavan, do you yield for a question from 6 Senator Diaz? 7 SENATOR PADAVAN: Yes, I will. 8 ACTING PRESIDENT GRIFFO: Senator 9 Diaz. 10 SENATOR DIAZ: Senator Padavan, I 11 am one of those that have voted yes for this 12 bill in the past, and I am planning to vote 13 yes today. I'm doing it because of my 14 religious convictions; I don't believe in 15 gambling. 16 However, something that I would 17 like to find out is, what is the penalties? 18 Could you tell me the penalties for anybody 19 that is found guilty of this? Or we cannot 20 say that today? 21 SENATOR PADAVAN: I'd have to get 22 you specifics. They are misdemeanors and in 23 some cases felonies, and they're in different 24 categories. And I can't tell you off the top 25 of my head. They're fines and/or prison

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(518) 371-8910 1 sentences depending upon the nature of the 2 act. 3 And that's in the penal code today. 4 These are not new penalties; they already 5 exist. 6 SENATOR DIAZ: Thank you, 7 Mr. President. I'm voting yes on this bill. 8 ACTING PRESIDENT GRIFFO: Thank 9 you. 10 Any other Senator wishing to be 11 heard? 12 Senator Connor. 13 SENATOR CONNOR: Yes, 14 Mr. President. I've voted for this in the 15 past. And I listened very carefully to the 16 discussion here, and it was most enlightening. 17 And I have a real problem both 18 intellectually and also in terms of fairness 19 with making the computer that's being used 20 into a gambling device. 21 Now, Mr. President, Senator Padavan 22 quite accurately pointed out that a slot 23 machine, video poker machine -- in a bar, in a 24 restaurant, in a back room -- is a gambling 25 device. As is a roulette wheel, anything else

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(518) 371-8910 1 in an illegal casino. And when discovered, 2 it's seized. 3 But those devices belong not to the 4 people who are gambling -- who, if you will, 5 may well be the victims of this proliferation 6 of gambling, which I too deplore. They belong 7 to the operator, the one raking in the dough, 8 the one making money on the odds, the person 9 conducting the illegal gaming. 10 To seize the gambler's computer, 11 that doesn't belong to the Internet gambling 12 operation that's making all the money. It 13 belongs to the gambler, the person who 14 happens -- I shouldn't say gambler, but the 15 person who happens to be engaged in a 16 gambling -- it probably belongs to them. 17 But as Senator Liz Krueger pointed 18 out quite accurately, it might belong to a 19 library, a school, an Internet cafe. So to 20 make that as a matter of law a gambling device 21 subject to seizure could well result in the 22 Internet cafe's computer being confiscated 23 when they had no awareness and the person was 24 on there playing poker or whatever. 25 Or if it just belongs to the

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(518) 371-8910 1 sucker, so to speak, who's there on his laptop 2 playing video poker at a poker game on the 3 Internet through some offshore location, to 4 say, "Well, he's not committing a crime, but 5 we're going to seize his $1600 laptop" is to 6 me rather extreme. 7 I don't know why we have to declare 8 that computer a gambling device. It is not 9 just the same as a roulette wheel, a video 10 poker game or a slot machine. Because by 11 definition, they belong to the person who's 12 coming along and collecting the money out of 13 them at the end of the day or raking it in 14 across the table. 15 So I'm going to change my vote. As 16 a result of this discussion, I'm going to vote 17 no as long as that's in there. Because let's 18 face it, what happens in our courts to 19 participants in illegal gambling, first 20 offenders? A $200 fine, maybe. Probably 21 dismissal the first time, or an ACD. 22 But what would be the fine be for a 23 violation of somebody participating? I mean, 24 in this case Senator Padavan says, Well, that 25 person wouldn't be committing a crime, even.

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(518) 371-8910 1 So why do you seize, then, an important piece 2 of their property if they haven't committed 3 the crime? 4 And unlike, unlike a roulette table 5 or a video poker machine or a slot machine, 6 the computer has other uses, legitimate uses 7 that we support, that we want people in the 8 information age to be literate in computers, 9 we teach kids in school how to use computers 10 from kindergarten on. We do if we're properly 11 funding the schools they go to so they have 12 computers. Some schools do, and some schools 13 don't. But we ought to be teaching every 14 child in our schools how to use a computer. 15 So, Mr. President, I'm changing my 16 position. I've been enlightened by the 17 discussion. I think it's grossly unfair to 18 make the computer subject to confiscation when 19 the person using it is not guilty of a crime 20 or a misdemeanor or a violation. 21 Mr. President, this has been a 22 great discussion. This is what the New York 23 State Senate should be about. I know beyond a 24 doubt, I've learned from many decades here of 25 the sincerity of Senator Padavan. And I

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(518) 371-8910 1 commend him, I've joined with him on many 2 occasions in trying to stop this march toward 3 a gambling society where people are only 4 victimized. 5 I just think that provision in his 6 bill goes too far, it's unfair, and we ought 7 to reject it. I would gladly vote for this 8 his bill were he to amend it to eliminate that 9 feature. 10 Thank you, Mr. President. 11 ACTING PRESIDENT GRIFFO: Is 12 there any other Senator wishing to be heard? 13 Debate is closed. The Secretary 14 will ring the bells. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT GRIFFO: Senator 24 Adams, to explain your vote. 25 SENATOR ADAMS: Thank you,

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(518) 371-8910 1 Mr. President. 2 I think that we're all becoming 3 modern-day Trekkies. We're entering new 4 universes, new areas. The Internet is going 5 to cause us to debate and have discussions for 6 years to come. I applaud some of the things 7 that we've done around Internet pornography 8 targeting children. 9 I think that this is going to be an 10 area of great debate in the future years. And 11 I agree, we must do more to deal with the 12 issue of gambling, particularly when this 13 targets young people. 14 But I think there are some serious 15 problems in this bill. Even our federal 16 courts have indicated they are in conflict 17 with the Department of Justice in their 18 interpretation of Internet gambling. 19 I believe that the Penal Law 20 currently protects the player. And for now to 21 put the computer as a tool of the crime, this 22 raises great concerns, particularly if we want 23 to protect young people and now we appear to 24 be criminalizing them. 25 I'm going to vote no. I believe

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(518) 371-8910 1 that this discussion has to be looked at. I'm 2 hoping that this bill doesn't go any further 3 than this house so that we can continue to 4 have a strong discussion on how we deal with 5 the issue of gambling and some of the 6 underlying effects. 7 I'm going to vote no at this time. 8 ACTING PRESIDENT GRIFFO: Senator 9 Adams to be recorded in the negative. 10 Senator DeFrancisco, to explain his 11 vote. 12 SENATOR DeFRANCISCO: Yes, I just 13 want to explain my no vote. 14 And that is, I just think the 15 language of the bill is a little bit 16 inconsistent. It's not a vote for gambling or 17 Internet gambling or any other type of 18 gambling. 19 But to me, it's extremely 20 inconsistent to have a bill that says that the 21 user of the computer is not guilty of anything 22 but on the other hand the computer that that 23 person is using is a gambling device that 24 presumably would be even subject to seizure. 25 So once that's corrected, I'd

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(518) 371-8910 1 probably be able to handle this vote in a 2 different way; namely, a yes. But I vote no. 3 ACTING PRESIDENT GRIFFO: Senator 4 DeFrancisco to be recorded in the negative. 5 Announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 525 are 8 Senators Adams, Connor, DeFrancisco, Dilan, 9 Hassell-Thompson, Maziarz, Onorato, Perkins, 10 Sabini, Savino and Thompson. 11 Absent from voting: Senator C. 12 Kruger and Senator Sampson. 13 Ayes, 48. Nays, 11. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 Senator Duane. 17 SENATOR DUANE: Thank you, 18 Mr. President. 19 I was out of the chamber chairing a 20 hearing on the Dignity for All Students Act, 21 but had I been in the chamber I would have 22 voted in the negative on Calendar Numbers 23 1201, 1262, and 1393. 24 Thank you, Mr. President. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 record shall so reflect, Senator Duane. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1019, by Senator Young, Senate Print 6997A, an 5 act to amend the Highway Law, in relation to 6 designating a portion of the state highway 7 system. 8 SENATOR DUANE: May I have an 9 explanation, please. 10 ACTING PRESIDENT GRIFFO: 11 Explanation. 12 SENATOR YOUNG: Certainly, 13 Mr. President. 14 This bill memorializes Governor 15 Frank Higgins by naming the bridge over 16 Exit 26 on Interstate 86 in the town of Olean 17 in his memory. 18 This year is the bicentennial of 19 Cattaraugus County when it was actually 20 incorporated. There's a bicentennial 21 committee that was established by the 22 chairwoman of the Cattaraugus County 23 Legislature. They have designated August 2, 24 2008, as Governor Frank Higgins Day in 25 Cattaraugus County.

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(518) 371-8910 1 And they also have requested this 2 legislation. The Cattaraugus County 3 Legislature passed a formal resolution earlier 4 this year. 5 And so this would memorialize and 6 honor and recognize the only governor of 7 New York State to come from Olean, New York. 8 ACTING PRESIDENT GRIFFO: Thank 9 you, Senator Young. 10 Is there any other Senator wishing 11 to be heard? 12 The Secretary will ring the bells. 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: In relation to 20 Calendar Number 1019: Ayes, 59. Nays, 0. 21 Absent from voting: Senators C. 22 Kruger and Sampson. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1135, by Senator DeFrancisco, Senate Print 3 6726A, an act to amend the Executive Law and 4 the Criminal Procedure Law, in relation to the 5 collection of DNA samples. 6 ACTING PRESIDENT GRIFFO: Senator 7 Schneiderman, why do you rise? 8 SENATOR SCHNEIDERMAN: Thank you, 9 Mr. President. Through you, if the sponsor 10 would yield for a few very brief questions. 11 ACTING PRESIDENT GRIFFO: Senator 12 DeFrancisco, do you yield? 13 SENATOR DeFRANCISCO: Yes, 14 Mr. President. 15 ACTING PRESIDENT GRIFFO: Senator 16 Schneiderman, one second, please. 17 May we have order, please, in the 18 chamber. 19 Senator Schneiderman. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Mr. President. Through you. 22 This legislation deals with the 23 state's DNA database. Does it have provisions 24 to create mandatory guidelines for the 25 cataloging, storage and preservation of DNA

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(518) 371-8910 1 samples? 2 ACTING PRESIDENT GRIFFO: Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: It has a 5 direction to the Forensic Science Commission 6 to create those guidelines. There's no 7 legislative guidelines. 8 SENATOR SCHNEIDERMAN: But 9 through you, Mr. President, is it not correct, 10 though, that the guidelines are voluntary, 11 there's nothing in this bill that states the 12 guidelines will be mandatory? 13 SENATOR DeFRANCISCO: That is 14 correct. 15 SENATOR SCHNEIDERMAN: Thank you. 16 Through you, Mr. President, if the 17 sponsor would continue to yield. 18 ACTING PRESIDENT GRIFFO: Senator 19 DeFrancisco, do you continue to yield? 20 SENATOR DeFRANCISCO: Yes. 21 ACTING PRESIDENT GRIFFO: Senator 22 Schneiderman. 23 SENATOR SCHNEIDERMAN: This 24 legislation expands the crimes for which 25 samples must be provided to include all

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(518) 371-8910 1 youthful offender offenses; is that not 2 correct? 3 ACTING PRESIDENT GRIFFO: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: That is 6 correct. Any offense for which a fingerprint 7 will now be taken -- if presently a 8 fingerprint is taken, you can now take a DNA, 9 under this bill. 10 SENATOR SCHNEIDERMAN: And 11 finally, this bill will create a -- 12 ACTING PRESIDENT GRIFFO: Senator 13 Schneiderman, do you choose to ask another 14 question? 15 SENATOR SCHNEIDERMAN: Yes, I do. 16 Through you, Mr. President, if the sponsor 17 would continue to yield. 18 ACTING PRESIDENT GRIFFO: Senator 19 DeFrancisco, do you continue to yield? 20 SENATOR DeFRANCISCO: Yes. 21 SENATOR SCHNEIDERMAN: Finally, 22 this legislation would create a Commission for 23 Exoneration Review. Would that commission be 24 maintained and, to the extent it incurred any 25 expenses, funded by the State of New York?

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 DeFrancisco. 3 SENATOR DeFRANCISCO: Yes. 4 SENATOR SCHNEIDERMAN: Thank you. 5 Through you, Mr. President, if the sponsor 6 would continue to yield. 7 ACTING PRESIDENT GRIFFO: Senator 8 Schneiderman, on the bill. 9 SENATOR SCHNEIDERMAN: No, no, 10 I -- 11 ACTING PRESIDENT GRIFFO: You 12 want to ask another question? 13 Senator DeFrancisco, will you 14 continue to yield? 15 SENATOR DeFRANCISCO: Oh, I'm 16 sorry. You said "thank you." I thought that 17 meant you were done. 18 SENATOR SCHNEIDERMAN: No, I was 19 just being polite. Thank you. 20 SENATOR DeFRANCISCO: You're 21 welcome. 22 (Laughter.) 23 SENATOR SCHNEIDERMAN: Does this 24 legislation include any provisions to try to 25 deal with the problem of wrongful or coerced

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(518) 371-8910 1 confessions? 2 ACTING PRESIDENT GRIFFO: Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: No. No. 5 This is a DNA bill. 6 SENATOR SCHNEIDERMAN: Does this 7 legislation -- 8 ACTING PRESIDENT GRIFFO: Senator 9 Schneiderman, do you continue to wish to ask a 10 question? 11 SENATOR SCHNEIDERMAN: Yes. I 12 have two more questions, Mr. President. 13 ACTING PRESIDENT GRIFFO: Two 14 more questions, Senator DeFrancisco. Do you 15 continue to yield? 16 SENATOR DeFRANCISCO: Yes. 17 ACTING PRESIDENT GRIFFO: Senator 18 Schneiderman. 19 SENATOR SCHNEIDERMAN: Thank you. 20 Does this legislation provide 21 include any provisions to deal with the 22 problem of eyewitness misidentification? 23 SENATOR DeFRANCISCO: No. That's 24 a different issue. No, it's not part of this 25 bill.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: And 2 finally, I want to ask if the sponsor is aware 3 of the fact that last week the New York State 4 Bar Association, through its president, 5 Bernice Leber, announced that the Bar 6 Association was voluntarily forming a 7 commission for exoneration review to be paid 8 for and staffed by experts assembled by the 9 New York State Bar Association. 10 SENATOR DeFRANCISCO: I didn't 11 know that, but that would be terrific. It 12 will help the organization that's going to be 13 setting the standards to set those standards. 14 So the timing is perfect. 15 SENATOR SCHNEIDERMAN: Thank you. 16 I'd like to thank the sponsor for 17 his answers. 18 ACTING PRESIDENT GRIFFO: Senator 19 Schneiderman. 20 SENATOR SCHNEIDERMAN: Thank you. 21 On the bill, Mr. President. 22 ACTING PRESIDENT GRIFFO: On the 23 bill. 24 SENATOR SCHNEIDERMAN: I'm going 25 to seek to help Senator DeFrancisco, much as

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(518) 371-8910 1 the Bar Association is seeking to help Senator 2 DeFrancisco, because I think that we have been 3 to a certain extent playing around with 4 efforts to expand our use of DNA evidence and 5 looking at the issue of wrongful conviction 6 that has been opened up through the 7 exonerations we have seen through DNA 8 evidence. But I think it's time for us to be 9 a little more ambitious. 10 This is legislation that we really, 11 in my view, passed by last year. We had a 12 conference committee convened on DNA evidence 13 last June. I was on the committee. And 14 unfortunately, that was just prior to the time 15 Senator Bruno and then-Governor Spitzer 16 stopped talking to each other. So that went 17 the way of all the conference committees last 18 year. 19 But I would like to, by way of 20 helping the sponsor out, offer an amendment 21 that I think will significantly improve the 22 bill. 23 And I believe that there is an 24 amendment at the desk, and I'd ask that the 25 reading of the amendment be waived and that I

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(518) 371-8910 1 could be heard on the amendment. 2 ACTING PRESIDENT GRIFFO: The 3 Reading is waived, and you may be heard on the 4 amendment, Senator Schneiderman. 5 SENATOR SCHNEIDERMAN: Thank you. 6 This is an amendment that would 7 expand upon the legislation that has been 8 offered by Senator DeFrancisco in critical 9 ways. The first and most essential thing that 10 this amendment would do is to instead of 11 creating voluntary guidelines for the use of 12 DNA, it would create mandatory guidelines, so 13 that every local jurisdiction would have to 14 follow one system of cataloging, storing and 15 preserving DNA evidence. 16 And, ladies and gentlemen, I would 17 like to call your attention the case of Al 18 Newton, who I spoke to today to congratulate 19 him for graduating from Medgar Evers College. 20 Al Newton was incarcerated and 21 requested in 1994 that his DNA be compared to 22 the DNA found at the crime scene. They could 23 not find his DNA. They could not find the 24 DNA. They did not locate the DNA until 2005. 25 They tested it; he was not the guilty party.

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(518) 371-8910 1 He had been incarcerated from 1994 till 2005, 2 requesting every year that they test his DNA 3 against the DNA found at the crime scene. And 4 because we lack a system for mandating the 5 accurate cataloging, preservation and indexing 6 of DNA evidence, this man did that time. 7 Thank God he's really someone who 8 has recovered well. He has graduated from 9 college, he wants to go on to law school. 10 But that's the kind of injustice 11 that we just shouldn't be perpetuating in the 12 State of New York. We can stop that now, but 13 we're not going to stop it with voluntary 14 guidelines. 15 Second, this amendment would get 16 rid of rogue databases. This is a 17 tremendously important issue. We have to have 18 one comprehensive, integrated statewide 19 database for DNA. 20 Unfortunately, Senator 21 DeFrancisco's legislation does not deal with 22 the fact that we have bits and pieces of 23 databases in different jurisdictions lying 24 around in the state that aren't integrated. 25 We have to deal with that. We have to have

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(518) 371-8910 1 one database so that innocent people are no 2 longer incarcerated by the State of New York. 3 Third, this requires the state to 4 develop a plan to eliminate the backlog of DNA 5 samples. Senator DeFrancisco's bill expands 6 the database significantly. Indeed, some 7 people feel that it expands it too far, since 8 it does extend to youthful offender crimes the 9 requirement to submit a DNA sample. 10 The problem is we've had tremendous 11 difficulty working our way through the 12 backlog, and there's no provision in Senator 13 DeFrancisco's bill to address that issue. 14 Fourth, this bill requires 15 videotaping of custodial interrogations. 16 Twenty-five percent of all the DNA 17 exonerations done by the Innocence Project -- 18 stone-cold exonerations, no question the 19 individuals did not commit the crimes -- 20 falsely confessed to crimes they didn't 21 commit. 22 Ladies and gentlemen, I know 23 there's a tremendous psychological resistance 24 to admitting that people in police custody 25 will confess to crimes they did not commit.

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(518) 371-8910 1 But we now know that 25 percent of those 2 exonerated did in fact do that. 3 We have to videotape 4 interrogations. We have to ensure that the 5 people for which DNA evidence is not available 6 are not wrongfully incarcerated because of a 7 wrongfully induced confession. 8 This is something that will 9 increase confidence in the police. It's one 10 of those things that has been instituted in 11 jurisdictions around the country. It's been 12 resisted by some in the law enforcement 13 community. But in every jurisdiction in which 14 it's been implemented, the law enforcement 15 community has come around to like it. 16 It makes it impossible for a 17 defense lawyer to challenge a valid 18 confession. And that's the right result. It 19 puts the right person in jail, the guilty 20 party, and it ensures that the innocent will 21 no longer be convicted. 22 Finally, what this amendment would 23 do is add something absolutely critical in my 24 mind to Senator DeFrancisco's bill, which is 25 provisions to protect against eyewitness

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(518) 371-8910 1 misidentification. I mean, I think that the 2 problem of wrongful confession is very 3 serious. But more than half of the DNA 4 exonerations have involved some form of 5 eyewitness misidentification. 6 Eyewitness testimony can be 7 tremendously powerful. But we also know it is 8 probably the most badly flawed type of 9 evidence that you can base a conviction on. 10 We have to have double-blind screening. We 11 have to have a system in place where those who 12 are administering a lineup do not know who the 13 suspect is so they don't give an indication, 14 subtly or not so subtly, as to who they think 15 is the guilty party. 16 We have to protect the innocent in 17 this state and ensure that the guilty do time, 18 and that's why I urge everyone to vote for 19 this amendment. Ladies and gentlemen, we have 20 to take more aggressive action than the 21 underlying bill would provide. We have to 22 ensure that innocent people are no longer 23 going to prison. 24 And I would urge everyone here that 25 this is a law-and-order bill, this is a

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(518) 371-8910 1 pro-police bill, this is a law enforcement 2 bill. Because we have, I'm sorry to say, 3 hundreds, perhaps thousands of people 4 wrongfully doing time in the State of New 5 York, the perpetrators of the crimes for which 6 they are incarcerated are walking around free. 7 Let's ensure that we catch the 8 guilty parties. Let's ensure that we never 9 again send an innocent man like Al Newton to 10 jail when it can be prevented by implementing 11 the provisions in this amendment. 12 I urge everyone to vote yes, 13 Mr. President. 14 ACTING PRESIDENT GRIFFO: Is 15 there any other Senator wishing to be heard? 16 The question is on the amendment. 17 Senators in agreement please signify by 18 raising your hands. 19 THE SECRETARY: Those recorded in 20 agreement are Senators Adams, Breslin, Connor, 21 Diaz, Dilan, Duane, Gonzalez, 22 Hassell-Thompson, Huntley, Klein, L. Krueger, 23 Montgomery, Onorato, Oppenheimer, Perkins, 24 Sabini, Savino, Schneiderman, Serrano, Smith, 25 Stavisky, Stewart-Cousins and Thompson.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 amendment is not agreed to. 3 Is there any other Senator wishing 4 to speak on the bill? 5 Debate is closed. The Secretary 6 will ring the bell. 7 The Secretary will read the last 8 section. 9 THE SECRETARY: Section 21. This 10 act shall take effect on November 1, 2008. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT GRIFFO: Senator 15 DeFrancisco, to explain his vote. 16 May we have order in the chamber, 17 please. 18 Senator DeFrancisco. 19 SENATOR DeFRANCISCO: I'm going 20 to vote yes on this bill. 21 And there was a lot of discussion 22 about the importance of DNA evidence in order 23 to exonerate individuals, and I think that's a 24 very, very important aspect of this bill. 25 And I was at those meetings that

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(518) 371-8910 1 were referred to by Senator Schneiderman, the 2 joint conference committee meetings. And the 3 reason there was no movement is that the 4 people that were against this version of a DNA 5 bill said we were going too far by requiring 6 DNA samples from those who presently give 7 fingerprints, and that was going too far too 8 fast. And that's why there was really no 9 movement. 10 Our bill says if now you give 11 fingerprints, instead of fingerprints, you're 12 going to give DNA evidence. 13 Now, it seems to me that back 14 whenever fingerprints were the scientific 15 evidence of the day, when they first came into 16 vogue, I imagine there were some that said 17 it's not really a good idea, the science that 18 we're talking about. 19 Well, we're beyond fingerprints. 20 If we've got a better technique, we should 21 expand it. And it's logical instead of 22 fingerprints we use the better technique, and 23 that's what that bill does. 24 In addition to providing a bank 25 that will be helpful in exonerating innocent

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(518) 371-8910 1 people, there was an incident in my community 2 that was a very serious incident. And it's 3 referred to in the memorandum supporting the 4 bill, so I won't read it at all. But it was a 5 situation where an individual who was not 6 required to give DNA evidence at the time of 7 the arrest actually committed a rape and 8 murder two days before the person's 9 sentencing. And that's why Carol Nelson is no 10 longer around. 11 Had there been a DNA sample allowed 12 at the time of the arrest, that match could 13 have been made. It could have been made 14 because there was a prior unsolved incident 15 where he committed another rape that was later 16 determined. If the DNA sample was taken at 17 that prior time, he would have been in jail. 18 So it's not only to exonerate the 19 innocent. There are people on the street that 20 should not be on the street. And if we've got 21 a tool like DNA evidence, we should require it 22 at the time of arrest for this very reason. 23 So I vote aye. 24 ACTING PRESIDENT GRIFFO: Senator 25 DeFrancisco to be recorded in the affirmative.

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(518) 371-8910 1 Senator Schneiderman, to explain 2 his vote. 3 SENATOR SCHNEIDERMAN: To explain 4 my vote. I want to make two points very 5 briefly. 6 The first is that I am going to 7 support this bill in the hope that we will get 8 back to a conference committee. 9 I do think, however, we should 10 modify this and other legislation to take 11 account of what the Bar Association is doing. 12 There's no reason in a time of fiscal crisis 13 that we should be forcing the state to pay for 14 what the private sector has magnanimously 15 volunteered to do in a comprehensive way and 16 to pay for it. I'm hopeful that some of my 17 colleagues will show some traditional 18 Republican prudence in that regard. 19 And second of all, I want to 20 mention, in regard to what Senator DeFrancisco 21 just said, I was at the conference committees, 22 and I think it's really important to recognize 23 that when we all walked in and convened the 24 conference committee, someone from the other 25 side of the aisle stated very clearly: "We're

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(518) 371-8910 1 only interested in changing the law in ways 2 that help us catch guilty people. We are not 3 interested in changing the law to create new 4 vehicles for exonerating the wrongfully 5 convicted." 6 I hope that your side of the aisle 7 has changed its view given all of the 8 information about wrongful convictions that 9 are coming forward. 10 We are, on our side of the aisle, 11 holding hearings to showcase this issue. This 12 is tremendously important. And one way or the 13 other, we are going to make New York a state 14 that is safer for the innocent and tougher on 15 the guilty, through passing a comprehensive 16 bill. 17 Thank you, Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Schneiderman to be recorded in the 20 affirmative. 21 Senator Volker, to explain his 22 vote. 23 SENATOR VOLKER: To explain my 24 vote. 25 Senator Schneiderman, if anybody

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(518) 371-8910 1 said that -- and I was there too -- I'm sure 2 they were kidding. 3 But here's my problem with the 4 Innocence Project. I believe they don't want 5 to find innocent people innocent, they want to 6 find guilty people innocent. 7 Senator, I don't know if that 8 person you were talking about -- and I hope 9 they didn't commit any crimes. But I can tell 10 you this. We have a problem that's been 11 developing with DNA. We know it. DNA is 12 found at the scene of a crime where there's 13 two or three people that were found guilty. 14 Because none of those three was part of that 15 DNA, because the evidence -- remember, DNA 16 attacks the evidence. 17 We know, for instance, that some of 18 the people found innocent in Illinois because 19 of DNA were guilty. They actually committed 20 the crimes. We know that. I mean, you know, 21 look it, this is a very complicated kind of 22 issue. 23 In fact, I argue that the Innocence 24 Project did a good job of finding some guilty 25 people innocent, because that's clear. We

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(518) 371-8910 1 know that. They confessed. Why did they 2 confess? They were forced, publicly? Several 3 of them publicly confessed. They weren't 4 forced. But because of the way evidence 5 works, some of those people were found 6 innocent. 7 Now, I'm saying I am happy to work 8 on finding people certainly innocent who are 9 not guilty. But I have to tell you, there 10 have been very, very, very few in this state. 11 The contention -- you know, we understand 12 that, that's their job, is to find people 13 innocent. That's fine if they're truly 14 innocent. Because most of the crimes in this 15 state, unfortunately, are not solved. We know 16 that for a fact. 17 And as Senator DeFrancisco said 18 here, we want to make sure two things. One, 19 obviously, we only want to convict the guilty. 20 But secondly, we want to help to find innocent 21 people. That's fine. 22 But the Assembly, by the way, is 23 never going to pass this bill, whether you put 24 all that stuff in there or not, because they 25 don't want to do anymore with DNA because

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(518) 371-8910 1 they're a lot more afraid of people being 2 found guilty. 3 So it's fine for you to say that 4 you're being really nice and doing this kind 5 of -- I'm glad that the New York City Bar or 6 New York State Bar, whichever it is -- it 7 doesn't matter, because they're both the 8 same -- that they're doing this. But they'd 9 better watch themselves. Because there's a 10 lot more coming out about DNA cases in the 11 future, I'll tell you right now, that's going 12 to make a lot of people wonder about the total 13 accuracy of it. 14 And that's why we want more study. 15 And that's why we want -- by the way, I'm on 16 your side. We have to provide more money for 17 DNA testing. Absolutely. We need it. And 18 I've been complaining about that. It's not 19 fiscal prudence, it's the real world. So I 20 hope that next year we're going to do that, 21 whatever happens here. 22 And I'm fine, by the way, with 23 finding more -- using DNA to find people 24 innocent if they're truly innocent. I just 25 want you to know that.

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(518) 371-8910 1 I vote aye. 2 ACTING PRESIDENT GRIFFO: Senator 3 Volker to be recorded in the affirmative. 4 Announce the results. 5 THE SECRETARY: In relation to 6 Calendar Number 1135, recorded in the 7 negative: Senators Duane and Perkins. 8 Absent from voting: Senators 9 C. Kruger and Sampson. 10 Ayes, 58. Nays, 2. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 Senator Volker. 14 SENATOR VOLKER: Mr. President, 15 just one thing. 16 I think we have three bills left, 17 if I'm not mistaken, and they're all local 18 bills. What we'd like is if the members would 19 just stay in the chamber, if they could, so 20 that we can get this session done as early as 21 possible. 22 ACTING PRESIDENT GRIFFO: Thank 23 you, Senator Volker. 24 The Secretary will read Calendar 25 Number 1136.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1136, by Senator Libous, Senate Print 6828A, 3 an act authorizing the Commissioner of 4 Transportation to transfer certain lands. 5 SENATOR DUANE: Explanation, 6 please. 7 ACTING PRESIDENT GRIFFO: 8 Explanation, Senator Libous. 9 SENATOR LIBOUS: Thanks, 10 Mr. President. 11 Mr. President, this is a parcel of 12 land that is adjacent to a larger parcel of 13 land in which I've been working with the 14 county executive on, and my Assemblywoman, to 15 try to see that the IDA would acquire the 16 land. 17 But once they acquire the land, 18 there are some environmental problems that we 19 are aware of. And we know that before any 20 development could take place there, there 21 would have to be cleanup that would be 22 coordinated and run and certainly acceptable 23 by the DEC. 24 The purpose of this is the county 25 executive has been working on an economic

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(518) 371-8910 1 development proposal for the entire county, 2 it's an organized plan. And while this 3 acreage, I believe it's about 10 acres, has 4 been sitting empty for quite some time, it is 5 adjacent to a large parcel of land, and we 6 believe that it's right on an intersection of 7 the highway that we could attract a business 8 for future job development. 9 ACTING PRESIDENT GRIFFO: Thank 10 you, Senator Libous. 11 SENATOR DUANE: Explanation 12 satisfactory. 13 ACTING PRESIDENT GRIFFO: Thank 14 you. 15 Debate is closed. 16 The Secretary will ring the bells. 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Skelos. 20 SENATOR SKELOS: I believe we 21 have two more bills on the contested calendar, 22 and there's going to be a Rules Committee 23 meeting. 24 But Senator Bruno has asked that 25 we, in an orderly fashion, that staff starts

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(518) 371-8910 1 leaving, because there is a severe weather 2 alert, potential tornadoes. Obviously, 3 members can stay here for the evening. 4 (Laughter.) 5 SENATOR SKELOS: But there is a 6 severe weather alert. So he's suggesting 7 that, you know, when appropriate, members, 8 staff, that you start heading home this 9 evening. 10 ACTING PRESIDENT GRIFFO: Thank 11 you, Senator. 12 SENATOR SKELOS: So if we can 13 complete the contested calendar. 14 ACTING PRESIDENT GRIFFO: Very 15 good. 16 The Secretary will read the last 17 section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT GRIFFO: 24 Announce the results. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1136, absent from voting: 2 Senators C. Kruger and Sampson. 3 Ayes, 60. Nays, 0. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1396, by Senator Little, Senate Print 7729A, 9 an act to amend the Criminal Procedure Law, in 10 relation to designating. 11 SENATOR DUANE: Explanation, 12 please. 13 ACTING PRESIDENT GRIFFO: Senator 14 Little. 15 SENATOR LITTLE: Thank you, 16 Mr. President. 17 I'm sponsoring this bill at the 18 request of the Village of Lake George in 19 Warren County. Each summer, the Village of 20 Lake George hires 15 to 20 college students 21 under their village law, which allows them to 22 hire constables. 23 These college students are allowed 24 to issue appearance tickets and do traffic 25 direction, traffic violations and all. The

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(518) 371-8910 1 village does not allow them to carry firearms 2 and therefore would like to have them 3 designated as peace officers so that they do 4 not have to go through the firearm training. 5 This is a cost to the village at a 6 time when property taxes are high and we're 7 looking at ways to reduce costs. Therefore, 8 if the village were allowed to have these 9 young people who are hired, seasonal employees 10 every summer, as peace officers, they would 11 not have to require them -- they would not be 12 required to go through firearms training, 13 which is costly for the village. 14 ACTING PRESIDENT GRIFFO: Thank 15 you, Senator Little. 16 SENATOR LITTLE: They do not 17 carry firearms. They are not allowed to carry 18 firearms, according to the village. 19 ACTING PRESIDENT GRIFFO: Senator 20 Schneiderman. 21 SENATOR SCHNEIDERMAN: Through 22 you, Mr. President, if the sponsor would yield 23 for a question. 24 ACTING PRESIDENT GRIFFO: Senator 25 Little, do you yield for a question?

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(518) 371-8910 1 SENATOR LITTLE: Yes, Mr. 2 President. 3 ACTING PRESIDENT GRIFFO: Can we 4 have order, please, so that we can continue to 5 conduct this business and then we can leave. 6 SENATOR SCHNEIDERMAN: Just to 7 clarify, it is my understanding that if you 8 give someone peace officer status, in fact 9 they do have to undertake firearms training if 10 they are to carry firearms. Is that not 11 correct? 12 SENATOR LITTLE: If they are 13 authorized to carry firearms. 14 These -- these -- right now they're 15 called constables, they are not authorized to 16 carry firearms unless they happen to have a 17 firearms license of their own. But they do 18 not carry firearms while they're in the employ 19 of the Village of LaGuardia. 20 SENATOR SCHNEIDERMAN: Through 21 you, if the sponsor would continue to yield. 22 ACTING PRESIDENT GRIFFO: Senator 23 Little, do you continue to yield? 24 SENATOR LITTLE: Yes. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Schneiderman. 2 SENATOR SCHNEIDERMAN: Just so 3 we're all clear on this, peace officer status 4 does not confer the right to carry a firearm. 5 If you do carry a firearm, having peace 6 officer status, you do have to undergo safety 7 training. Is that not correct? 8 SENATOR LITTLE: Absolutely. But 9 you would not have to undergo firearm 10 training. 11 SENATOR SCHNEIDERMAN: Okay, 12 thank you, Mr. President. Thank the sponsor 13 for her answers. 14 ACTING PRESIDENT GRIFFO: Any 15 other Senator wishing to be heard? 16 Senator Connor. 17 SENATOR CONNOR: Thank you, 18 Mr. President. 19 Yeah, I'd just like to clarify 20 that, because I've seen a number of peace 21 officer bills coming up this year that passed 22 last year that were vetoed by our former 23 governor, our immediate former governor. 24 And the memos say, oh, these people 25 shouldn't be allowed to carry arms, they don't

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(518) 371-8910 1 undergo training. And I don't know who was 2 advising on that, but I recall my first years 3 here when we granted peace officer status to 4 different people, Triborough Bridge and Tunnel 5 toll collectors and others, and it did mean 6 you could carry a weapon if you were a peace 7 officer. 8 Mel Miller, when he was chair of 9 Codes, had his staff go through it all and we 10 passed a new peace officer bill so that peace 11 officers, while they have certain arrest 12 powers, do not have a right to carry firearms 13 unless they are trained and licensed. 14 And I don't understand all these 15 vetoes I've been seeing on Codes Committee 16 bills from last year that say, oh, these 17 people shouldn't carry firearms. 18 And so Senator Little is absolutely 19 right. The problem is if you're a constable, 20 you're deemed a police officer and you have to 21 go through all this training and carry a 22 weapon. What this bill does is say you can be 23 a constable in Lake George and only be a peace 24 officer, not entitled to carry guns, therefore 25 not required to be trained.

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(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT GRIFFO: Any 3 other Senator wishing to be heard? 4 Debate is closed. The Secretary 5 will ring the bells. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1396 are 14 Senators Duane, L. Krueger and Perkins. 15 Absent from voting: Senators C. 16 Kruger and Sampson. 17 Ayes, 57. Nays, 3. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1550, by Senator Seward, Senate Print 8343, an 23 act authorizing the State University of 24 New York to lease certain lands. 25 SENATOR DUANE: Explanation,

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(518) 371-8910 1 please. 2 ACTING PRESIDENT GRIFFO: 3 Explanation, Senator Seward. 4 SENATOR SEWARD: Certainly, 5 Mr. President. 6 This legislation would authorize 7 the State University of New York to directly 8 lease certain lands in the southwest corner of 9 Cortland County, which houses the Harford Fire 10 Company. 11 Now, Harford is a very rural small 12 community, and its current fire station is 13 very antiquated and there's a great need of a 14 new modern facility. 15 Now, the New York State College of 16 Agriculture and Life Sciences, which is one of 17 the statutory colleges of Cornell, part of the 18 State University system, owns property 19 adjacent to the current Harford Town Hall and 20 the town facilities. And that would be an 21 ideal site for a new firehouse. 22 And so this legislation would 23 authorize SUNY to lease approximately five 24 acres of property to the Harford Fire Company 25 for this very worthy purpose, to help protect

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(518) 371-8910 1 the people and property of this small rural 2 community. 3 SENATOR DUANE: Explanation 4 satisfactory. 5 ACTING PRESIDENT GRIFFO: Debate 6 is closed. The Secretary will ring the bells. 7 Read the last section. 8 THE SECRETARY: Section 8. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: In relation to 14 Calendar Number 1550, absent from voting: 15 Senators C. Kruger and Sampson. 16 Ayes, 60. Nays, 0. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 Senator Skelos, that completes the 20 controversial reading of the calendar. 21 SENATOR SKELOS: Mr. President, 22 we are going to have a meeting of the Rules 23 Committee now, and then we'll return and take 24 up the other Rules report that came out 25 earlier, take that up noncontroversial.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: There 2 will be an immediate meeting of the Rules 3 Committee in the Senate Majority Conference 4 Room. 5 We will now return to motions and 6 resolutions. 7 Senator Robach. 8 SENATOR ROBACH: Yes, 9 Mr. President. I wish to call up Bill Print 10 Number 4157D, recalled from the Assembly, 11 which is now at the desk. 12 ACTING PRESIDENT GRIFFO: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 705, by Senator Golden, Senate Print 4157D, an 16 act to amend the Vehicle and Traffic Law. 17 SENATOR ROBACH: Mr. President, I 18 now move to reconsider the vote by which the 19 bill was passed. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 SENATOR ROBACH: Mr. President, I 25 now offer the following amendments on behalf

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(518) 371-8910 1 of Senator Golden. 2 ACTING PRESIDENT GRIFFO: The 3 amendments are received. 4 Senator Robach. 5 SENATOR ROBACH: Mr. President, I 6 wish to call up Bill Print Number 1830, 7 recalled from the Assembly, which is now at 8 the desk. 9 ACTING PRESIDENT GRIFFO: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 15, by Senator DeFrancisco, Senate Print 1830, 13 an act to amend the Military Law. 14 SENATOR ROBACH: I now move to 15 reconsider the vote by which the bill was 16 passed. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll on reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 SENATOR ROBACH: I now offer the 22 following amendments on behalf of Senator 23 DeFrancisco. 24 ACTING PRESIDENT GRIFFO: The 25 amendments are received.

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(518) 371-8910 1 Senator Robach. 2 SENATOR ROBACH: Mr. President, I 3 wish to call up Bill Print Number 2360C, 4 recalled from the Assembly, which is now at 5 the desk. 6 ACTING PRESIDENT GRIFFO: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 165, by Senator Fuschillo, Senate Print 2360C, 10 an act to amend the General Business Law. 11 ACTING PRESIDENT GRIFFO: Senator 12 Robach. 13 SENATOR ROBACH: I now move to 14 reconsider the vote by which the bill was 15 passed. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll on reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 SENATOR ROBACH: Mr. President, I 21 offer the following amendments on behalf of 22 Senator Fuschillo. 23 ACTING PRESIDENT GRIFFO: The 24 amendments are received. 25 Senator Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 On behalf of Senator Sabini, on 4 page 50 I offer the following amendments to 5 Calendar Number 1257, Senate Print Number 6 6720A, and ask that said bill retain its place 7 on the Third Reading Calendar. 8 ACTING PRESIDENT GRIFFO: The 9 amendments are received and adopted, and the 10 bill will retain its place on the Third 11 Reading Calendar. 12 SENATOR DUANE: Thank you. 13 ACTING PRESIDENT GRIFFO: The 14 Senate stands at ease. 15 (Whereupon, the Senate stood at 16 ease at 5:43 p.m.) 17 (Whereupon, the Senate reconvened 18 at 5:50 p.m.) 19 ACTING PRESIDENT GRIFFO: The 20 Senate will come to order. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 if we could return to reports of standing 24 committees for the report of the Rules 25 Committee, the first report.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Reports 2 of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Bruno, 5 from the Committee on Rules, reports the 6 following bills: 7 Senate Print 1574A, by Senator 8 Padavan, an act to amend the Education Law; 9 1707, by Senator Robach, an act to 10 amend the Penal Law; 11 1971, by Senator Volker, an act to 12 amend the Civil Practice Law and Rules; 13 2004A, by Senator Robach, an act to 14 amend the Executive Law; 15 2398, by Senator Trunzo, an act to 16 amend the General Municipal Law; 17 3021, by Senator Seward, an act to 18 amend the Tax Law; 19 3552, by Senator Young, an act to 20 amend the Labor Law; 21 3937, by Senator Farley, an act to 22 amend the New York State Printing and Public 23 Documents Law; 24 4013A, by Senator Morahan, an act 25 relating to authorizing and directing;

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(518) 371-8910 1 4325, by Senator Winner, an act to 2 amend the Real Property Tax Law; 3 4488, by Senator Skelos, an act to 4 authorize; 5 4563A, by Senator Leibell, an act 6 to amend the Vehicle and Traffic Law; 7 4575, by Senator Young, an act to 8 amend the Tax Law; 9 4791, by Senator Seward, an act to 10 amend the Tax Law; 11 4855, by Senator Nozzolio, an act 12 to amend the Executive Law; 13 5373, by Senator Hannon, an act to 14 authorize; 15 5595A, by Senator Flanagan, an act 16 to amend the Penal Law and the Correction Law; 17 5603A, by Senator Leibell, an act 18 to amend the Executive Law and the Military 19 Law; 20 5644, by Senator Leibell, an act to 21 amend the Military Law; 22 5685, by Senator Young, an act to 23 amend the Tax Law and others; 24 5938, by Senator Nozzolio, an act 25 to amend Chapter 219 of the Laws of 2002;

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(518) 371-8910 1 6038, by Senator Skelos, an act to 2 authorize; 3 6076A, by Senator Griffo, an act to 4 amend the Tax Law; 5 6460A, by the Senate Committee on 6 Rules, an act in relation to communication; 7 6465A, by Senator O. Johnson, an 8 act to authorize; 9 8101, by Senator Thompson, an act 10 to amend the Parks, Recreation and Historic 11 Preservation Law; 12 428, by Senator Larkin, an act to 13 amend the Real Property Tax Law; 14 687, by Senator Flanagan, an act to 15 amend the Education Law; 16 1287, by Senator O. Johnson, an act 17 to amend the Executive Law; 18 And Senate Print 1474, by Senator 19 Morahan, an act authorizing. 20 All bills ordered direct to third 21 reading. 22 ACTING PRESIDENT GRIFFO: Senator 23 Skelos. 24 SENATOR SKELOS: Move to accept 25 the report of the Rules Committee.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 motion is to accept the report of the Rules 3 Committee. All in favor say aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT GRIFFO: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT GRIFFO: The 9 report of the Rules Committee is accepted. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could take up the Rules report, 13 noncontroversial. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 1581, by Senator Padavan, Senate Print 1574A, 18 an act to amend the Education Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1582, by Senator Robach, Senate Print 1707, an 6 act to amend the Penal Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1583, by Senator Volker, Senate Print 1971, an 20 act to amend the Civil Practice Law and Rules. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1584, by Senator Robach, Senate Print 2004A, 8 an act to amend the Executive Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the first of 13 September. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1585, by Senator Trunzo, Senate Print 2398, an 22 act to amend the General Municipal Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect April 1, 2009. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1586, by Senator Seward, Senate Print 3021, an 10 act to amend the Tax Law. 11 ACTING PRESIDENT GRIFFO: There 12 is a local fiscal impact note at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 September. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1587, by Senator Young, Senate Print 3552, an 25 act to amend the Labor Law.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1587 are 10 Senators Duane, Perkins and Savino. 11 Ayes, 58. Nays, 3. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1588, by Senator Farley, Senate Print 3937, an 16 act to amend the New York State Printing and 17 Public Documents Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1589, by Senator Morahan, Senate Print 4013A, 6 an act relating to authorizing and directing 7 the Commissioner of General Services. 8 SENATOR DUANE: Lay it aside, 9 please. 10 ACTING PRESIDENT GRIFFO: Lay it 11 aside. 12 THE SECRETARY: Calendar Number 13 1590, by Senator Winner, Senate Print 4325, an 14 act to amend the Real Property Tax Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act -- 19 SENATOR DUANE: Lay it aside. 20 ACTING PRESIDENT GRIFFO: Lay it 21 aside. 22 THE SECRETARY: Calendar Number 23 1591, by Senator Skelos, Senate Print 4488, an 24 act to authorize. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. Nays, 8 1. Senator Bonacic recorded in the negative. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1592, Senator Leibell moves to 13 discharge, from the Committee on Labor, 14 Assembly Bill Number 3587A and substitute it 15 for the identical Senate Bill Number 4563A, 16 Third Reading Calendar 1592. 17 ACTING PRESIDENT GRIFFO: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1592, by Member of the Assembly Bradley, 22 Assembly Print Number 3587A, an act to amend 23 the Vehicle and Traffic Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 4. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1593, by Senator Young, Senate Print 4575, an 12 act to amend the Tax Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1594, by Senator Seward, Senate Print 4791 -- 25 SENATOR DUANE: Lay it aside,

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(518) 371-8910 1 please. 2 ACTING PRESIDENT GRIFFO: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 1595, by Senator Nozzolio, Senate Print 4855, 6 an act to amend the Executive Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1595 are 16 Senators Duane, Hassell-Thompson, L. Krueger, 17 Montgomery and Perkins. 18 Ayes, 56. Nays, 5. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1597, by Senator Hannon, Senate Print 5373, an 23 act to authorize. 24 ACTING PRESIDENT GRIFFO: 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 GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. Nays, 7 1. Senator Bonacic recorded in the negative. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1598, Senator Flanagan moves 12 to discharge, from the Committee on Codes, 13 Assembly Bill Number 8488A and substitute it 14 for the identical Senate Bill Number 5595A, 15 Third Reading Calendar 1598. 16 ACTING PRESIDENT GRIFFO: 17 Substitution ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1598, by Member of the Assembly Titone, 21 Assembly Print Number 8488A, an act to amend 22 the Penal Law and the Correction Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the 60th day. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1599, by Senator Leibell, Senate Print 5603A, 10 an act to amend the Executive Law and the 11 Military Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the 90th day. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1600, by Senator Leibell, Senate Print 5644, 24 an act to amend the Military Law and the 25 Education Law.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1601, by Senator Young, Senate Print 5685, an 13 act to amend the Tax Law and others. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 7. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1602, Senator Nozzolio moves

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(518) 371-8910 1 to discharge, from the Committee on Judiciary, 2 Assembly Bill Number 8781 and substitute it 3 for the identical Senate Bill Number 5938, 4 Third Reading Calendar 1602. 5 ACTING PRESIDENT GRIFFO: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1602, by Member of the Assembly John, Assembly 10 Print Number 8781, an act to amend Chapter 219 11 of the Laws of 2002 amending the Judiciary 12 Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1603, by Senator Skelos, Senate Print 6038, an 25 act to authorize.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. Nays, 9 2. Senators Bonacic and Larkin recorded in 10 the negative. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1604, by Senator Griffo, Senate Print 6076A, 15 an act to amend the Tax Law. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 1605, Senator Bruno moves to 3 discharge, from the Committee on Rules -- 4 SENATOR SKELOS: Lay it aside for 5 the day, please. 6 ACTING PRESIDENT GRIFFO: Lay it 7 aside for the day. 8 Senator Skelos, shall we substitute 9 it first? 10 SENATOR SKELOS: Yes. 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will read. 13 THE SECRETARY: In relation to 14 Calendar Number 1605, Senator Bruno moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 9242 and substitute it 17 for the identical Senate Bill Number 6460A, 18 Third Reading Calendar 1605. 19 ACTING PRESIDENT GRIFFO: 20 Substitution so ordered. 21 There is a local fiscal impact note 22 at the desk. 23 The bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 1606, by Senator O. Johnson, Senate Print

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(518) 371-8910 1 6465A, an act to authorize. 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT GRIFFO: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 1607, by Senator Thompson, Senate Print 8101, 8 an act to amend the Parks, Recreation and 9 Historic Preservation Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1646, by Senator Larkin, Senate Print 428, an 22 act to amend the Real Property Tax Law. 23 ACTING PRESIDENT GRIFFO: 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 GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. Nays, 6 1. Senator Duane recorded in the negative. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1647, by Senator Flanagan, Senate Print 687, 11 an act to amend the Education Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1648, by Senator O. Johnson, Senate Print 24 1287, an act to amend the Executive Law. 25 SENATOR DUANE: Lay it aside,

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(518) 371-8910 1 please. 2 ACTING PRESIDENT GRIFFO: Lay it 3 aside. 4 THE SECRETARY: In relation to 5 Calendar Number 1649, Senator Morahan moves to 6 discharge, from the Committee on Local 7 Government, Assembly Bill Number 9306 and 8 substitute it for the identical Senate Bill 9 Number 1474, Third Reading Calendar 1649. 10 ACTING PRESIDENT GRIFFO: 11 Substitution so ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1649 -- 15 SENATOR DUANE: Lay it aside, 16 please. 17 ACTING PRESIDENT GRIFFO: The 18 bill is laid aside. 19 Senator Skelos, that completes the 20 noncontroversial reading of the supplemental 21 calendar. 22 SENATOR SKELOS: Mr. President, 23 the bills that are on the controversial 24 calendar, would you please lay those aside for 25 the day.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will lay those bills on the 3 controversial calendar aside for the day. 4 SENATOR SKELOS: And if we could 5 return to reports of standing committees for 6 the report of the Rules report. 7 ACTING PRESIDENT GRIFFO: Reports 8 of standing committees. 9 The Secretary will read. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bills: 13 Senate Print 536, by Senator 14 Larkin, an act to amend the Agriculture and 15 Markets Law; 16 5632B, by Senator Flanagan, an act 17 to amend the Executive Law; 18 6475, by Senator Winner, an act to 19 amend the Public Officers Law; 20 6476, by Senator Winner, an act to 21 amend the Public Officers Law; 22 6677B, by Senator Volker, an act to 23 amend the Erie County Tax Act; 24 6768A, by Senator Morahan, an act 25 to amend the Mental Hygiene Law;

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(518) 371-8910 1 6897, by Senator Padavan, an act to 2 amend Chapter 548 of the Laws of 2004; 3 6930A, by Senator Griffo, an act to 4 amend the Correction Law; 5 6968A, by Senator Golden, an act to 6 amend the Elder Law; 7 6973, by Senator Larkin, an act to 8 amend the Agriculture and Markets Law; 9 7220, by Senator Trunzo, an act 10 authorizing; 11 7255, by Senator Skelos, an act to 12 authorize; 13 7267A, by Senator Leibell, an act 14 to amend the Public Officers Law; 15 7288, by Senator Volker, an act to 16 amend the Executive Law; 17 7307, by Senator Morahan, an act 18 authorizing; 19 7386, by Senator Fuschillo, an act 20 to authorize; 21 7424A, by Senator Flanagan, an act 22 to amend the Public Officers Law; 23 7451, by Senator Skelos, an act to 24 amend the Town Law; 25 7464A, by Senator Bonacic, an act

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(518) 371-8910 1 to legalize, validate and ratify; 2 7481, by Senator O. Johnson, an act 3 to authorize; 4 7553, by Senator Lanza, an act to 5 amend the Real Property Tax Law; 6 7568, by Senator Flanagan, an act 7 to amend the State Finance Law; 8 7591, by Senator Fuschillo, an act 9 to amend the Real Property Tax Law; 10 7627, by Senator Marcellino, an act 11 to amend the Town Law; 12 7715, by Senator Trunzo, an act in 13 relation to authorizing; 14 7728, by Senator Padavan, an act to 15 amend the Education Law; 16 7810, by Senator Farley, an act to 17 authorize; 18 7839, by Senator LaValle, an act to 19 amend the State Finance Law; 20 7844A, by Senator Nozzolio, an act 21 in relation to authorizing; 22 7899, by Senator Griffo, an act to 23 amend the Penal Law; 24 7919A, by Senator Bonacic, an act 25 authorizing;

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(518) 371-8910 1 7984A, by Senator Saland, an act to 2 amend the Penal Law and the Correction Law; 3 8164, by Senator Robach, an act to 4 amend the Penal Law; 5 8189, by Senator Rath, an act to 6 allow; 7 8272, by Senator Rath, an act to 8 amend the Town Law; 9 8279, by Senator Maziarz, an act to 10 amend the Town Law; 11 8286, by Senator Little, an act to 12 amend the Local Finance Law; 13 8314, by Senator LaValle, an act to 14 amend the Correction Law; 15 And Senate Print 8407, by Senator 16 Smith, an act to amend the Executive Law. 17 All bills ordered direct to third 18 reading. 19 ACTING PRESIDENT GRIFFO: Senator 20 Skelos. 21 SENATOR SKELOS: Move to accept 22 the report of the Rules Committee. 23 ACTING PRESIDENT GRIFFO: All in 24 favor of accepting the Rules Committee report 25 signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT GRIFFO: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT GRIFFO: The 6 report is accepted. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 is there any further business to come before 10 the Senate? 11 ACTING PRESIDENT GRIFFO: There 12 is none. 13 SENATOR SKELOS: There being 14 none, I move we stand adjourned until 15 Wednesday, June 11th, at 3:00 p.m. 16 ACTING PRESIDENT GRIFFO: On 17 motion, the Senate stands adjourned until 18 Wednesday, June 11th, at 3:00 p.m. 19 (Whereupon, at 6:07 p.m., the 20 Senate adjourned.) 21 22 23 24 25

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(518) 371-8910