Wednesday, June 11, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 11, 2008 11 3:06 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 please rise 5 and join with me as we recite the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: Today's 10 invocation will be offered by the Reverend 11 Peter Young, of the Mother Theresa Community 12 here in Albany. 13 Father. 14 REVEREND YOUNG: Thank you, 15 Senator. 16 Let us pray. 17 The wisdom of God is beyond 18 imagining, and God's goodness a boundless 19 treasure. You, O Lord, unfailingly enlighten 20 our minds to open up new and better means of 21 sharing with each other, here in this Senate 22 chamber, our constituencies and information, 23 ideas and aspirations. 24 The discovery of technology can be 25 of great assistance to our citizens of

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(518) 371-8910 1 New York, that they can bring them then into 2 the time of need for our resources, especially 3 at this time for the cost of gasoline. 4 For all quality of life, may You 5 provide the resources that will give 6 New Yorkers a better kind of lifestyle. 7 Amen. 8 ACTING PRESIDENT GRIFFO: Thank 9 you, Father. 10 The reading of the Journal. 11 THE SECRETARY: In Senate, 12 Tuesday, June 10, the Senate met pursuant to 13 adjournment. The Journal of Monday, June 9, 14 was read and approved. On motion, Senate 15 adjourned. 16 ACTING PRESIDENT GRIFFO: Without 17 objection, the Journal stands approved as 18 read. 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 The Secretary will read. 24 THE SECRETARY: Senator O. 25 Johnson, from the Committee on Finance,

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(518) 371-8910 1 reports the following nominations. 2 As a public member of the State 3 Banking Board, John LaFalce, of Kenmore. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Move the 6 nomination. 7 ACTING PRESIDENT GRIFFO: Senator 8 Farley, on the nomination. 9 SENATOR FARLEY: Yes, thank you, 10 Mr. President. 11 I just want to say a few words on 12 John LaFalce, former Senator, former 13 Assemblyman. Not many people leave the Senate 14 to go over to the Assembly, but he did, and 15 became a distinguished Congressman, a member 16 of the United States House of Representatives 17 Banking Committee, somebody that I've worked 18 with over the years. He was always very 19 concerned about banking issues. 20 You know, to serve on this nonpaid 21 position, we're very grateful to have the 22 Governor be able to get him to serve. And I 23 spoke with him; he wasn't able to come down. 24 And he was very concerned what Billy 25 Stachowski was going to say about him during

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(518) 371-8910 1 the confirmation hearing. 2 But anyway, John LaFalce is an 3 outstanding addition to the Banking Board and 4 somebody that I enthusiastically endorse, and 5 I would like to move his nomination. 6 ACTING PRESIDENT GRIFFO: Thank 7 you, Senator Farley. 8 Senator Mary Lou Rath. 9 SENATOR RATH: Thank you, 10 Mr. President. 11 I'd like to congratulate the 12 Governor on the wisdom of his appointment of 13 former Congressman John LaFalce to the State 14 Banking Board. 15 Of course, everyone knows of his 16 service in Washington on the Banking Board; I 17 believe he was chairman for a number of years. 18 And his reputation is international in regards 19 to his expertise and his dedication to the 20 issues. 21 And so I'm delighted to have a 22 member of our Western New York grouping of 23 public officials to serve here in this very 24 high and prestigious position and look forward 25 to working with him and the other members of

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(518) 371-8910 1 the Banking Board. 2 Thank you. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Rath. 5 Senator Stachowski. 6 SENATOR STACHOWSKI: Yes, 7 Mr. President, I too would like to rise to 8 second the nomination of John LaFalce and 9 congratulate the Governor on his appointment. 10 John spent most of his time in 11 Congress working on banking issues, and I 12 think he'll bring a wealth of knowledge with 13 him, and as well as being a Western 14 New Yorker, which we appreciate. 15 But I would be remiss if I didn't 16 tell a quick story. Way back when we did the 17 start of our little above-ground subway system 18 in downtown Buffalo, John LaFalce was noted 19 for not giving the shortest of speeches. And 20 he got up and said, "I'm going to make a few 21 brief remarks." And when he did, all the 22 electeds stood up and gave him a standing 23 ovation, because he'd always say "I'm going to 24 make a few brief remarks," and then we'd be 25 there -- but it was a cold day, and he

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(518) 371-8910 1 actually stuck to his word. 2 But all kidding aside, John is a 3 very intelligent man. Obviously, a former 4 Senator, which would make him stand in good 5 stead with us, but a real expert on banking 6 issues, and I think he'll bring a lot to the 7 board. And I'm proud to second his 8 nomination. 9 ACTING PRESIDENT GRIFFO: Thank 10 you, Senator Stachowski. 11 The question is on the nomination 12 of John LaFalce, of Kenmore, for a seat as a 13 member of the State Banking Board. All in 14 favor indicate by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT GRIFFO: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT GRIFFO: The 20 nomination of John LaFalce is hereby 21 confirmed. 22 The Secretary will read. 23 THE SECRETARY: As a member of 24 the Empire State Plaza Art Commission, Dolores 25 Sarno, of Saratoga Springs.

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(518) 371-8910 1 As a member of the Palisades 2 Interstate Park Commission, David H. Mortimer, 3 of New York City. 4 As members of the Medical Advisory 5 Committee, Katherine Annette Golar, M.D., of 6 Brooklyn; Lynda Marlene Karig Hohmann, Ph.D., 7 M.D., of Albany; Greg Otten, of New York City; 8 and Lisa B. Sbrana, of New York City. 9 As members of the Council on Human 10 Blood and Transfusion Services, David M. 11 Huskie, of Petersburg, and Philip L. McCarthy, 12 of Williamsville. 13 And as a member of the Minority 14 Health Council, Dennis Deleon, of New York 15 City. 16 SENATOR MARCELLINO: Move the 17 nominations, Mr. President. 18 ACTING PRESIDENT GRIFFO: Thank 19 you, Senator Marcellino. 20 The question is on the nominations 21 as read. All in favor signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT GRIFFO: 24 Opposed, nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 nominees are hereby confirmed. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Thank you 9 very much, Mr. President. 10 Amendments are offered to the 11 following Third Reading Calendar bills: 12 Sponsored by Senator Bonacic, page 13 number 35, Calendar Number 947, Senate Print 14 Number 6222; 15 By Senator DeFrancisco, page number 16 42, Calendar Number 1145, Senate Print Number 17 6663A; 18 By Senator Griffo, page number 68, 19 Calendar Number 1614, Senate Print Number 20 6930A. 21 I now move that these bills retain 22 their place on the order of third reading. 23 ACTING PRESIDENT GRIFFO: The 24 amendments are received and adopted, and the 25 bills will retain their place on the Third

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(518) 371-8910 1 Reading Calendar. 2 SENATOR FUSCHILLO: Thank you. 3 Mr. President, on behalf of Senator 4 Farley, I wish to call up Senate Print Number 5 7148A, recalled from the Assembly, which is 6 now at the desk. 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1032, by Senator Farley, Senate Print 7148A, 11 an act in relation to special education 12 transportation contracts. 13 SENATOR FUSCHILLO: 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, 43. 20 SENATOR FUSCHILLO: I now offer 21 the following amendments. 22 ACTING PRESIDENT GRIFFO: The 23 amendments are accepted. 24 SENATOR FUSCHILLO: Thank you. 25 ACTING PRESIDENT GRIFFO: Thank

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(518) 371-8910 1 you, Senator Fuschillo. 2 Senator Duane. 3 SENATOR DUANE: Thank you, 4 Mr. President. 5 On behalf of my close personal 6 friend Senator Stachowski, I move to recommit 7 Senate Print Number 825, Calendar Number 1411 8 on the order of third reading, to the 9 Committee on Transportation, with instructions 10 to said committee to strike out the enacting 11 clause. 12 ACTING PRESIDENT GRIFFO: So 13 ordered. 14 SENATOR DUANE: Thank you, 15 Mr. President. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Duane. 18 Senator Marcellino. 19 SENATOR MARCELLINO: Mr. 20 President, thank you. I believe there are 21 some seven substitutions to be made. Could we 22 have that done now, please. 23 ACTING PRESIDENT GRIFFO: The 24 Secretary will read. 25 THE SECRETARY: On page 29,

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(518) 371-8910 1 Senator Montgomery moves to discharge, from 2 the Committee on Social Services, Children and 3 Families, Assembly Bill Number 1942 and 4 substitute it for the identical Senate Bill 5 Number 3158, Third Reading Calendar 809. 6 On page 36, Senator Saland moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 9715A and substitute it 9 for the identical Senate Bill Number 7184A, 10 Third Reading Calendar 970. 11 On page 63, Senator Seward moves to 12 discharge, from the Committee on Insurance, 13 Assembly Bill Number 10371 and substitute it 14 for the identical Senate Bill Number 7368, 15 Third Reading Calendar 1474. 16 On page 68, Senator Padavan moves 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 10736 and substitute it 19 for the identical Senate Bill Number 6897, 20 Third Reading Calendar 1613. 21 On page 69, Senator Volker moves to 22 discharge, from the Committee on 23 Investigations and Government Operations, 24 Assembly Bill Number 2656 and substitute it 25 for the identical Senate Bill Number 7288,

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(518) 371-8910 1 Third Reading Calendar 1620. 2 On page 69, Senator Flanagan moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 10241 and substitute it 5 for the identical Senate Bill Number 7568, 6 Third Reading Calendar 1628. 7 And on page 70, Senator Marcellino 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 10620 and 10 substitute it for the identical Senate Bill 11 Number 7627, Third Reading Calendar 1630. 12 ACTING PRESIDENT GRIFFO: The 13 substitutions are so ordered. 14 Senator Marcellino. 15 SENATOR MARCELLINO: Yes, 16 Mr. President. Can we adopt the Resolution 17 Calendar, with the exception of Resolutions 18 6075, 6462 and 6463. 19 ACTING PRESIDENT GRIFFO: All in 20 favor of adopting the Resolution Calendar, 21 with the exceptions of Resolutions 6075, 6462, 22 and 6463, signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT GRIFFO: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT GRIFFO: The 3 Resolution Calendar is adopted. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Mr. 6 President, we have a resolution by Senator 7 Gonzalez. We'd like the title read -- that's 8 Number 6075 -- and Senator Gonzalez would like 9 to open it for cosponsorship. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Gonzalez, Legislative Resolution Number 6075, 14 memorializing Governor David A. Paterson to 15 proclaim Tuesday, July 15, 2008, as 16 Amyotrophic Lateral Sclerosis Awareness Day in 17 the State of New York. 18 ACTING PRESIDENT GRIFFO: The 19 question is on the resolution. All in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT GRIFFO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 resolution is adopted and open for 2 cosponsorship. If you do not wish to be a 3 cosponsor, please notify the desk. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Mr. 6 President, we have a Resolution 6462, by 7 Senator Thompson. We'd like the title read, 8 move for its immediate adoption, and open the 9 resolution for cosponsorship. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Thompson, Legislative Resolution Number 6462, 14 memorializing Governor David A. Paterson to 15 proclaim August 4, 2008, as Coast Guard Day in 16 the State of New York. 17 ACTING PRESIDENT GRIFFO: The 18 question is on the resolution. All in favor 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT GRIFFO: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT GRIFFO: The 25 resolution is adopted.

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(518) 371-8910 1 It is open for cosponsorship. If 2 you choose not to be a cosponsor, please 3 notify the desk. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Mr. 6 President, thank you. 7 And also by Senator Thompson, 8 Resolution 6463. We'd like the title read, 9 move for its immediate adoption, and open the 10 resolution for cosponsorship. 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Thompson, Legislative Resolution Number 6463, 15 memorializing Governor David A. Paterson to 16 proclaim November 15, 2008, as America 17 Recycles Day in the State of New York. 18 ACTING PRESIDENT GRIFFO: The 19 question is on the resolution. All in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT GRIFFO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 resolution is adopted. 2 It is open for cosponsorship. If 3 you choose not to be a cosponsor, please 4 notify the desk. Thank you. 5 Senator Farley. 6 SENATOR FARLEY: Thank you, 7 Mr. President. I have a couple of motions. 8 On behalf of Senator Rath, on page 9 71, I offer the following amendments to 10 Calendar Number 1640, Senate Print 8189, and I 11 ask that that bill retain its place on the 12 Third Reading Calendar. 13 ACTING PRESIDENT GRIFFO: The 14 amendments are received and adopted, and the 15 bill will retain its place on the Third 16 Reading Calendar. 17 SENATOR FARLEY: On behalf of 18 Senator Flanagan, Mr. President, on page 12 I 19 offer the following amendments to Calendar 20 Number 301, Senate Print 5592, and I ask that 21 that bill retain its place on the Third 22 Reading Calendar. 23 ACTING PRESIDENT GRIFFO: The 24 amendments are received and adopted, and the 25 bill will retain its place on the Third

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(518) 371-8910 1 Reading Calendar. 2 Senator Marcellino. 3 SENATOR MARCELLINO: Yes, 4 Mr. President. At this time there will be an 5 immediate meeting of the Rules Committee in 6 Room 332, and we'll await the report of the 7 Rules Committee. 8 ACTING PRESIDENT GRIFFO: There 9 will be an immediate meeting of the Rules 10 Committee in the Majority Conference Room, 11 Room 332. 12 The Senate will stand at ease. 13 (Whereupon, the Senate stood at 14 ease at 3:20 p.m.) 15 (Whereupon, the Senate reconvened 16 at 3:31 p.m.) 17 ACTING PRESIDENT GRIFFO: The 18 Senate will come to order. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Thank you, 21 Mr. President. May we move to the 22 noncontroversial reading of the calendar. 23 ACTING PRESIDENT GRIFFO: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 196, by Senator Hannon, Senate Print 5429, an 2 act to amend the Public Health Law and the 3 Social Services Law, in relation to 4 specialized nursing services. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 7. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 375, by Senator Bonacic -- 17 SENATOR MARCELLINO: Lay it aside 18 for the day. 19 ACTING PRESIDENT GRIFFO: The 20 bill is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 401, by Senator Saland, Senate Print 1071, an 23 act to amend the Social Services Law, in 24 relation to abandoned infants. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 12. 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, 56. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 403, by Senator Skelos, Senate Print 3828, an 12 act to amend the Family Court Act and the 13 Domestic Relations Law, in relation to 14 abandoned infants. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 10. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 809, substituted earlier today by Member of 2 the Assembly Robinson, Assembly Print Number 3 1942, an act to amend the Domestic Relations 4 Law and the Public Health Law, in relation to 5 a petition. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 970, substituted earlier by Member of the 18 Assembly Gordon, Assembly Print Number 9715A, 19 an act to amend the Agriculture and Markets 20 Law, in relation to establishing animal 21 response teams. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1029, by Senator Marcellino, Senate Print 9 6939, an act to amend the Education Law -- 10 SENATOR DUANE: Lay it aside, 11 please. 12 ACTING PRESIDENT GRIFFO: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 1038, by Senator Larkin, Senate Print 7687, an 16 act in relation to transportation contracts. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 3. 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, 58. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1039, by Senator Saland, Senate Print 7981A, 4 an act to amend the Education Law, in relation 5 to ability of members. 6 ACTING PRESIDENT GRIFFO: Can we 7 have some order, please, so the stenographer 8 can hear. Thank you. 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the first of July. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1137, by Senator Seward, Senate Print 7198, an 20 act to amend the Executive Law, in relation to 21 including. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1144, by Senator Sabini, Senate Print 5874, an 9 act to amend the Agriculture and Markets Law, 10 in relation to inspection. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT GRIFFO: Senator 19 Sabini. 20 SENATOR SABINI: Mr. President, 21 to explain my vote. 22 This bill will put some teeth into 23 the inspection process at the State 24 Agriculture Department. It was originally a 25 bill that was sponsored by then-Assemblyman

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(518) 371-8910 1 Klein in the other house. 2 And we have a system of inspections 3 in our slaughterhouses where State Ag comes in 4 and looks at cleanliness conditions. But the 5 difference between what is the law now and 6 what could be the law if this bill becomes law 7 is that there's no impetus for you to pass the 8 inspection. You can fail the inspection over 9 and over and over and still have a license to 10 run a slaughterhouse. 11 It's particularly important now 12 that we're finding more and more 13 slaughterhouses that are catering to people 14 who eat halal meats in the Muslim community 15 who pay extra for that kind of service and yet 16 have conditions that are oftentimes not very 17 cleanly. 18 We learned yesterday that we have 19 to watch our tomatoes; we have to watch our 20 beef and poultry even more closely. 21 I want to thank Chairman Fuschillo 22 for his help on this, and I'm going to be 23 voting aye on this bill. Thank you. 24 ACTING PRESIDENT GRIFFO: Senator 25 Sabini to be recorded in the affirmative.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 59. Nays, 3 0. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1165, by Senator Winner, Senate Print 7933, an 8 act to amend the Alcoholic Beverage Control 9 Law, in relation to designating. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1205, by Senator Bonacic, Senate Print 7047, 22 an act to amend the Education Law, in relation 23 to exemptions. 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. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1222, by Senator Nozzolio, Senate Print 7543, 11 an act in relation to creating. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 8. This 15 act -- 16 SENATOR DUANE: Lay it aside, 17 please. 18 ACTING PRESIDENT GRIFFO: Lay it 19 aside. 20 THE SECRETARY: Calendar Number 21 1241, by Senator Marcellino, Senate Print 22 6938, an act to amend the Education Law, in 23 relation to including special education 24 expenditures. 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 1299, by Senator Skelos, Senate Print 2375 -- 12 SENATOR DUANE: Lay it aside, 13 please. 14 ACTING PRESIDENT GRIFFO: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 1304, by Senator Young, Senate Print 6248A, an 18 act to amend the Tax Law, in relation to sales 19 tax. 20 ACTING PRESIDENT GRIFFO: There 21 is a local fiscal impact note at the desk. 22 Read 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, 60. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1306, by Senator DeFrancisco, Senate Print 8 6664A, an act to amend the Tax Law, in 9 relation to enacting the Taxpayer Advocate 10 Act. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1307, by Senator Lanza, Senate Print 6769A, an 23 act to amend the Education Law, in relation to 24 random testing. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 4. This 3 act -- 4 SENATOR DUANE: Lay it aside, 5 please. 6 ACTING PRESIDENT GRIFFO: The 7 bill is laid aside. 8 THE SECRETARY: Calendar Number 9 1312, by Senator Bonacic, Senate Print 7279, 10 an act to establish a temporary state 11 commission. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1435, by Senator LaValle, Senate Print 8110, 24 an act to amend the Education Law, in relation 25 to central high school districts.

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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 -- 5 SENATOR DUANE: Lay it aside, 6 please. 7 ACTING PRESIDENT GRIFFO: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 1439, by Senator Marcellino -- 11 SENATOR MARCELLINO: Lay it aside 12 for the day, please. 13 ACTING PRESIDENT GRIFFO: The 14 bill is laid aside for the day. 15 THE SECRETARY: Calendar Number 16 1471, by Senator Seward, Senate Print 7111, an 17 act to amend the Insurance Law, in relation to 18 service contracts. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect -- 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 1474, substituted earlier today by Member of 4 the Assembly Peoples, Assembly Print Number 5 10371, an act to amend the Insurance Law, in 6 relation to changing the reported date. 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, 60. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1477, by Senator Seward, Senate Print 7609A, 19 an act to amend the Insurance Law, in relation 20 to investments and activities. 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, 60. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1480, by Senator Seward, Senate Print 8167, an 8 act to amend the Insurance Law, in relation to 9 exemption. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1496, by Senator Flanagan, Senate Print 4355, 22 an act to amend Chapter 154 of the Laws of 23 1921 constituting the Port of New York 24 Authority. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 6. This 3 act shall take effect upon enactment into law 4 by the State of New Jersey. 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 1560, by Senator Volker -- 13 SENATOR MARCELLINO: Lay it aside 14 for the day, please. 15 ACTING PRESIDENT GRIFFO: Lay it 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 1568, by Senator Maziarz, Senate Print 3101, 19 an act to amend the Mental Hygiene Law, in 20 relation to safety provisions. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 60th day. 25 ACTING PRESIDENT GRIFFO: Call

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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 1589, by Senator Morahan -- 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 -- 14 SENATOR DUANE: Lay it aside, 15 please. 16 ACTING PRESIDENT GRIFFO: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 1594, by Senator Seward, Senate Print 4791, an 20 act to amend the Tax Law, in relation to sales 21 tax exemption. 22 ACTING PRESIDENT GRIFFO: There 23 is a local fiscal impact note at the desk. 24 The Secretary will read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first day of a 3 sales tax quarterly period. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT GRIFFO: Senator 8 Hassell-Thompson, to explain her vote. 9 SENATOR HASSELL-THOMPSON: Yes, 10 thank you, Mr. President. 11 I was hesitant to vote no on this 12 bill, but I'm not clear that the bill will 13 make sure that the sales tax is not collected. 14 Whenever you use a credit card, it's automatic 15 that sales tax is extracted. And I'm not 16 clear how this bill keeps -- I'm not sure how 17 this bill keeps people from being able to pay. 18 It's very clear that when you use a 19 coin machine, that you don't pay taxes on the 20 coins. But I'm not clear that once you do the 21 transaction through the credit card that the 22 sales tax won't automatically be extracted. 23 And if they're not supposed to pay, I'm not 24 clear that companies will not still charge. 25 So I will be voting no just on lack

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(518) 371-8910 1 of clarity. 2 ACTING PRESIDENT GRIFFO: Senator 3 Hassell-Thompson to be recorded in the 4 negative. 5 Announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1594 are 8 Senators Duane, Hassell-Thompson, L. Krueger, 9 Perkins and Schneiderman. 10 Ayes, 56. Nays, 5. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1596, by Senator Larkin, Senate Print 536, an 15 act to amend the Agriculture and Markets Law, 16 in relation to powers and duties of the 17 Commissioner of Agriculture and Markets. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 Senator Duane, did you make a 21 motion to lay that aside? 22 SENATOR DUANE: Mr. President, 23 are you hearing voices? No, I didn't. 24 ACTING PRESIDENT GRIFFO: Only 25 from above.

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(518) 371-8910 1 (Laughter.) 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 12. 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. Nays, 10 1. Senator Duane recorded in the negative. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1605, by the Assembly Committee on Rules, 15 Assembly Print Number 9242A, an act in 16 relation to communication service surcharges. 17 ACTING PRESIDENT GRIFFO: There 18 is a local fiscal impact note at the desk. 19 The Secretary will read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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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 1606, by Senator O. Johnson, Senate Print 6 6465A, an act to authorize the New York Gospel 7 Assembly, Inc. 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: Those recorded in 16 the negative on Calendar Number 1606 are 17 Senators Bonacic, Larkin and Rath. 18 Ayes, 58. Nays, 3. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1608, by Senator Flanagan, Senate Print 5632B, 23 an act to amend the Executive Law, in relation 24 to public safety. 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 ACTING PRESIDENT GRIFFO: Senator 8 Golden. 9 SENATOR GOLDEN: To explain my 10 vote. Thank you, Mr. President. 11 This bill that authorizes the 12 Office of Homeland Security to establish and 13 implement a statewide planning and mapping 14 system of schools colleges and universities is 15 something that's very important for this 16 state, especially not just if there's a 17 terrorist attack, like we seen on 9/11, but if 18 there is a incident where a child would go 19 onto a campus with a gun and that that school 20 could be evacuated safely, within a quick 21 response time, within 10 or 12 minutes that 22 that entire school could be evacuated if in 23 fact there was a threat to that school. 24 This mapping would allow that to 25 happen. I would hope that all of my

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(518) 371-8910 1 colleagues would vote for this bill and that 2 we can get this bill passed in the Assembly 3 and sent to the Governor for signage, because 4 it is important for the children across this 5 state that we have the securities that we need 6 to keep their families safe and to keep those 7 children safe. 8 We have kids here today from the 9 Our Lady of Guadalupe in Brooklyn. They were 10 there at 9/11 when they seen the tragedy of 11 what happened and how that city was shut down. 12 And they needed a response, and they had no 13 response. Those schools were not given the 14 mapping system that can be given to them to 15 ensure that they would be safe in the future. 16 So we will look hopefully to pass 17 legislation that works for them in Brooklyn 18 and for those across the State of New York. 19 This is a very forward bill, and I 20 thank Senator Flanagan for putting it forward, 21 and I vote aye. 22 ACTING PRESIDENT GRIFFO: Senator 23 Golden to be recorded in the affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 61. Nays,

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(518) 371-8910 1 0. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1611, by Senator Volker, Senate Print 6677B, 6 an act to amend the Erie County Tax Act, in 7 relation to providing. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 6. 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, 61. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1612, by Senator Morahan, Senate Print 6768A, 20 an act to amend the Mental Hygiene Law, in 21 relation to developing. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1613, substituted earlier today by Member of 9 the Assembly -- 10 SENATOR DUANE: Lay it aside, 11 please. 12 ACTING PRESIDENT GRIFFO: Lay it 13 aside. 14 THE SECRETARY: Calendar Number 15 1615, by Senator Golden, Senate Print 6968A, 16 an act to amend the Elder Law, in relation to 17 establishing. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of April. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1616, by Senator Larkin, Senate Print 6973, an 5 act to amend the Agriculture and Markets Law 6 and others, in relation to granting partial 7 deduction. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 5. 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, 61. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1617, by Senator Trunzo, Senate Print 7220, an 20 act authorizing the assessor of the Town of 21 Islip. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 5 THE SECRETARY: Ayes, 60. Nays, 6 1. Senator Bonacic recorded in the negative. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1618, by Senator Skelos, Senate Print 7255, an 11 act to authorize the West Hempstead Union Free 12 School District, Nassau County. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. Nays, 21 1. Senator Bonacic recorded in the negative. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1619, by Senator Leibell, Senate Print 7267A,

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(518) 371-8910 1 an act -- 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT GRIFFO: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 1620, substituted earlier today by Member of 8 the Assembly Diaz, Assembly Print Number 2656, 9 an act to amend the Executive Law, in relation 10 to including. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 September. 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 1621, by Senator Morahan, Senate Print 7307, 24 an act authorizing Camp Venture, Inc., to file 25 an application.

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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: Those recorded in 9 the negative on Calendar Number 1621 are 10 Senators Bonacic, Larkin and Rath. 11 Ayes, 58. Nays, 3. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1622, by Senator Fuschillo, Senate Print 7386, 16 an act to authorize the First United Methodist 17 Church of Roosevelt to file an application. 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: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1622 are 2 Senators Bonacic, Larkin and Rath. 3 Ayes, 58. Nays, 3. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1623, by Senator Flanagan, Senate Print 7424A, 8 an act to amend the Public Officers Law, in 9 relation to definition of a public body. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1624, by Senator Skelos, Senate Print 7451, an 22 act to amend the Town Law, in relation to 23 extending. 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, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1625, by Senator Bonacic, Senate Print 7464A, 11 an act to legalize, validate, ratify and 12 confirm certain actions. 13 ACTING PRESIDENT GRIFFO: There 14 is a home-rule message at the desk. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1626, by Senator O. Johnson, Senate Print 2 7481, an act to authorize the Suffolk Jewish 3 Center to file an application. 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: Those recorded in 12 the negative on Calendar Number 1626 are 13 Senators Bonacic, Larkin and Rath. 14 Ayes, 58. Nays, 3. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1627, by Senator Lanza, Senate Print 7553, an 19 act to amend the Real Property Tax Law and the 20 Education Law, in relation to a green roof tax 21 abatement. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1628, substituted earlier today by Member of 9 the Assembly Kavanagh, Assembly Print Number 10 10241, an act to amend the State Finance Law, 11 in relation to disqualification. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 120th 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 1629, by Senator Fuschillo, Senate Print 7591, 24 an act to amend the Real Property Tax Law, in 25 relation to allowing.

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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 90th day. 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 1630, substituted earlier by Member of the 13 Assembly Walker, Assembly Print Number 10620, 14 an act to amend the Town Law, in relation to 15 election. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect January 1, 2009. 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: Calendar Number 2 1631, by Senator Trunzo, Senate Print 7715, an 3 act in relation to authorizing the assessor of 4 the Town of Islip. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1631 are 14 Senators Bonacic, Larkin and Rath. 15 Ayes, 58. Nays, 3. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1632, by Senator Padavan, Senate Print 7728, 20 an act to amend the Education Law, in 21 relation -- 22 SENATOR LIZ KRUEGER: Lay it 23 aside, please. 24 ACTING PRESIDENT GRIFFO: Lay it 25 aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1633, by Senator Farley, Senate Print 7810, an 3 act to authorize Faith Deliverance Tabernacle 4 to file an application. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1633 are 14 Senators Bonacic, Larkin and Rath. 15 Ayes, 58. Nays, 3. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1634, by Senator LaValle, Senate Print 7839, 20 an act to amend the State Finance Law, in 21 relation to commodities. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1636, by Senator Griffo, Senate Print 7899, an 9 act to amend the Penal Law, in relation to 10 permits for public displays of fireworks. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT GRIFFO: Senator 19 Connor, to explain his vote. 20 SENATOR CONNOR: Thank you, 21 Mr. President. 22 Just let me say I'm a big fan of 23 fireworks. I've had several pictures at 24 various times hanging in my office -- you 25 know, Fourth of July or Statute of Liberty

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(518) 371-8910 1 kind of thing. 2 The only fireworks display I ever 3 saw I didn't like had nothing to do with the 4 display. We were standing at that window here 5 on the evening of the Fourth of July watching 6 the fireworks. 7 But it's an important, serious 8 subject. Safety is everything. And the Labor 9 Department has been proposing a comprehensive 10 bill that will provide for things like 11 insurance and so on. 12 To say oh, this is just for a 13 little -- you know, somebody locally to do a 14 fireworks display at their home for 50 or 100 15 guests for their kid's graduation or whatever, 16 really leaves aside the question of how much 17 insurance they have. What if something goes 18 wrong? What if they burn the garage next door 19 down? What if they hurt a neighbor? 20 And so that's why I'm voting no for 21 this, Mr. President. 22 ACTING PRESIDENT GRIFFO: Senator 23 Connor to be recorded in the negative. 24 Announce the results. 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1636 are 2 Senators Connor, Duane, Klein, L. Krueger, 3 Marcellino, Morahan, Parker, Perkins, Sabini, 4 Savino, Schneiderman, Serrano, Stavisky and 5 Stewart-Cousins. 6 Ayes, 47. Nays, 14. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1637, by Senator Bonacic, Senate Print 7919A, 11 an act authorizing the Town of Deerpark to 12 issue bonds. 13 ACTING PRESIDENT GRIFFO: There 14 is a home-rule message at the desk. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1638, by Senator Saland, Senate Print 7984A, 2 an act to amend -- 3 SENATOR DUANE: Lay it aside, 4 please. 5 ACTING PRESIDENT GRIFFO: Lay it 6 aside. 7 THE SECRETARY: Calendar Number 8 1639, by Senator Robach, Senate Print 8164, an 9 act to amend the Penal Law, in relation to 10 crimes of manslaughter. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1641, by Senator Rath, Senate Print 8272, an 23 act to amend the Town Law, in relation to the 24 residency requirement. 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, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1642, by Senator Maziarz, Senate Print 8279, 12 an act to amend the Town Law, in relation to 13 residency requirement. 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, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1644, by Senator LaValle, Senate Print 8314,

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(518) 371-8910 1 an act to amend the -- 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT GRIFFO: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 1648, by Senator O. Johnson, Senate Print 8 1287, an act to amend -- 9 SENATOR DUANE: Lay it aside, 10 please. 11 ACTING PRESIDENT GRIFFO: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 1649, by Member of the Assembly Jaffee, 15 Assembly Print Number 9306, an act authorizing 16 the Mosdos Torah, Inc., to file an 17 application. 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: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1649 are 2 Senators Bonacic, Larkin and Rath. 3 Ayes, 58. Nays, 3. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1643, by Senator Little, Senate Print 8286, an 8 act to amend the Local Finance Law, in 9 relation to making technical amendments. 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 call. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 Senator Marcellino, that completes 21 the noncontroversial reading of the calendar. 22 SENATOR MARCELLINO: Mr. 23 President, can we move directly to the 24 controversial reading of the calendar. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 Secretary will ring the bells. 2 Senator Marcellino. 3 SENATOR MARCELLINO: Mr. 4 President, can we return to the order of 5 motions and resolutions and recognize Senator 6 Bonacic. 7 ACTING PRESIDENT GRIFFO: Motions 8 and resolutions. 9 Senator Bonacic. 10 SENATOR BONACIC: Thank you, 11 Mr. President. 12 On page number 26, I offer the 13 following amendments, on behalf of Senator 14 Fuschillo, to Calendar Number 726, Senate 15 Print Number 7191, and ask that that bill 16 retain its place on the Third Reading 17 Calendar. 18 ACTING PRESIDENT GRIFFO: The 19 amendments are received and adopted, and the 20 bill will retain its place on the Third 21 Reading Calendar. 22 SENATOR BONACIC: Again on behalf 23 of Senator Fuschillo, on page number 14 I 24 offer the following amendments to Calendar 25 Number 368, Senate Print Number 5045A, and ask

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(518) 371-8910 1 that the bill retain its place on the Third 2 Reading Calendar. 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 BONACIC: On behalf of 8 Senator DeFrancisco, I wish to call up Bill 9 Print Number 6466, recalled from the Assembly, 10 which is now at the desk. 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 619, by Senator DeFrancisco, Senate Print 15 6466, an act to amend the Agriculture and 16 Markets Law. 17 SENATOR BONACIC: Mr. President, 18 I now move to reconsider the vote by which 19 this 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 BONACIC: Mr. President, 25 I now offer the following amendments.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 amendments are accepted. 3 SENATOR BONACIC: Last but not 4 least, on behalf of Senator Fuschillo, I wish 5 to call up Senate Print Number 6799B, recalled 6 from the Assembly, which is now at the desk. 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 444, by Senator Fuschillo, Senate Print 6799B, 11 an act to create a course of instruction. 12 SENATOR BONACIC: Mr. President, 13 I now move to reconsider the vote by which the 14 bill was passed. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll on reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 SENATOR BONACIC: Mr. President, 20 I now offer the following amendments. 21 ACTING PRESIDENT GRIFFO: The 22 amendments are accepted. 23 SENATOR BONACIC: Thank you. 24 ACTING PRESIDENT GRIFFO: Senator 25 Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. I know how much you like to 3 hear me speak. 4 On behalf of Senator Thompson, I 5 wish to call up Bill Print Number 8101, 6 recalled from the Assembly, which is now at 7 the desk. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 1607, by Senator Thompson, Senate Print 8101, 12 an act to amend the Parks, Recreation and 13 Historic Preservation Law. 14 ACTING PRESIDENT GRIFFO: Senator 15 Duane. 16 SENATOR DUANE: Mr. President, I 17 now move to reconsider the vote by which this 18 bill was passed. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll on reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: Do you 24 have amendments? 25 SENATOR DUANE: I do.

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(518) 371-8910 1 Mr. President, I now offer the following 2 amendments. 3 ACTING PRESIDENT GRIFFO: The 4 amendments are accepted. 5 SENATOR DUANE: Thank you, 6 Mr. President. 7 SENATOR MARCELLINO: Mr. 8 President, can we go to the controversial 9 reading, please. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1029, by Senator Marcellino, Senate Print 14 6939, an act to amend the Education Law, in 15 relation to enforcement. 16 SENATOR DUANE: Explanation. 17 ACTING PRESIDENT GRIFFO: 18 Explanation, Senator Marcellino. 19 SENATOR MARCELLINO: Thank you, 20 Mr. President. 21 This legislation authorizes -- not 22 mandates, but authorizes -- school districts 23 to enforce and continue in effect the 24 suspension of a pupil ordered by the school 25 district that the pupil previously attended.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Duane. 3 SENATOR DUANE: Thank you, 4 Mr. President. If the sponsor would yield. 5 ACTING PRESIDENT GRIFFO: Senator 6 Marcellino, do you yield? 7 SENATOR MARCELLINO: Yes, I do. 8 ACTING PRESIDENT GRIFFO: Senator 9 Duane. 10 SENATOR DUANE: Thank you, 11 Mr. President. 12 What happens now when a pupil, a 13 student has been suspended and they move to a 14 new district during the course of the 15 suspension? 16 SENATOR MARCELLINO: Currently, 17 Senator Duane, there is a loophole in the law 18 that if a student transfers, the suspension 19 lapses. 20 SENATOR DUANE: And through you, 21 Mr. President, would the sponsor continue to 22 yield. 23 ACTING PRESIDENT GRIFFO: Senator 24 Marcellino, do you yield? 25 SENATOR MARCELLINO: Yes, I do.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Duane. 3 SENATOR DUANE: And just to 4 clarify, this continuation of the suspension 5 in the new district is at the discretion of 6 the new district, it's not mandatory? 7 SENATOR MARCELLINO: That's 8 perfectly correct, sir. 9 SENATOR DUANE: And through you, 10 Mr. President, if the sponsor would continue 11 to yield. 12 ACTING PRESIDENT GRIFFO: Senator 13 Marcellino, do you continue to yield? 14 SENATOR MARCELLINO: Yes, I do. 15 ACTING PRESIDENT GRIFFO: Senator 16 Duane. 17 SENATOR DUANE: What's the system 18 by which the districts communicate this? Is 19 it generally electronic, or is the student 20 required to bring their transcripts or does 21 one district automatically send them? How do 22 the districts know what the suspension was and 23 for -- what the reason was and how long the 24 suspension was? 25 SENATOR MARCELLINO: It's my

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(518) 371-8910 1 understanding, through you, Mr. Chairman, that 2 the records are transferred to the accepting 3 school district. The statement would include 4 the suspension and the purpose of the 5 suspension and the length of the suspension. 6 Which is mandated by the Commissioner of 7 Education. 8 By the way, there is also an appeal 9 process, obviously, that the student and the 10 student's family can take advantage of, and 11 that doesn't change. 12 SENATOR DUANE: And through you, 13 Mr. President, if the sponsor would continue 14 to yield. 15 ACTING PRESIDENT GRIFFO: Senator 16 Marcellino, do you continue to yield? 17 SENATOR MARCELLINO: Yes, I do. 18 ACTING PRESIDENT GRIFFO: Senator 19 Duane. 20 SENATOR DUANE: And I don't know 21 whether this is the case, but if -- for 22 instance, in New York City, the district for 23 developmentally disabled students is a 24 different district. And I'm wondering if a 25 student is in -- for instance, if a student is

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(518) 371-8910 1 in a district but it's been decided that they 2 should go into a special-needs school which 3 may be part of a different district and there 4 may have been a suspension before they knew 5 that the behavioral problem was a mental 6 illness problem or a development problem, does 7 that -- does it continue there as well, or 8 does the suspension end at that point? 9 SENATOR MARCELLINO: It's been a 10 long time since I taught in the city school 11 system and was involved in these processes, 12 but it's my understanding that if it was -- if 13 the transfer was normally usually requested or 14 mandated by 110 Livingston Street or the 15 hearing authority, that would occur. 16 In the city they do their own 17 thing, in a sense. It's not like the rest of 18 the state, where you have separate entities 19 and separate districts. They're all under the 20 Board of Education at 110 Livingston Street, 21 so they all get that general control. 22 So they would know the suspension, 23 they would know the appeal process. It would 24 be controlled before the child ever got to the 25 other school.

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(518) 371-8910 1 SENATOR DUANE: Okay, thank you. 2 Thank you, Mr. President. On the 3 bill. 4 ACTING PRESIDENT GRIFFO: Senator 5 Duane, on the bill. 6 SENATOR DUANE: I have some 7 trepidation about this bill. But because it 8 is discretionary, I'm going to vote in the 9 affirmative, with the faith that the new 10 district will look at the circumstances around 11 why a student may have been suspended earlier 12 on and that a student in need of special help 13 will not be discriminated against or unduly 14 continued in a suspension because we're 15 passing this legislation. 16 So I will be voting in the 17 affirmative, but with reservations. 18 ACTING PRESIDENT GRIFFO: Is 19 there any other Senator wishing to be heard? 20 Senator Hassell-Thompson. 21 SENATOR HASSELL-THOMPSON: Thank 22 you. 23 Yes, I won't ask any questions, but 24 I just want to comment on the bill. 25 ACTING PRESIDENT GRIFFO: On the

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(518) 371-8910 1 bill, Senator Hassell-Thompson. 2 SENATOR HASSELL-THOMPSON: I 3 think I understand the intent of the bill. 4 But for the last two years, I've 5 been lobbying hard for us to take a look at 6 our school districts where we have high 7 numbers of children who are being suspended 8 from school. And when you look at those 9 suspension numbers, what you will see is that 10 there's a definite correlation between those 11 youngsters who constantly are suspended and 12 those who ultimately drop out, and somehow 13 that constitutes a part of school to prison, 14 the pipeline to prison. 15 These studies have not been done by 16 me, they've been done by universities 17 including Harvard, and some other studies. 18 And there's a movement across this country to 19 try to look at the societal behaviors that 20 cause children to be suspended. 21 And it concerns me that in light 22 of -- I think when we did some studies of the 23 State of New York, for instance, Rochester has 24 a suspension rate -- I was looking at my city 25 and found that we had a 15 percent suspension

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(518) 371-8910 1 rate, which correlated to pretty much the same 2 thing in terms of dropouts. But the state 3 looked at Rochester, and Rochester has a 4 65 percent suspension rate. 5 My concern about this bill and any 6 other that encourages children to be suspended 7 in subsequent schools concerns me a great 8 deal. And I have been very motivated to look 9 at school districts and make sure that we 10 begin a process, as the State of Virginia has 11 done and several others who have identified 12 suspension as being a major cause of a lot of 13 the dropout rate, particularly in communities 14 of color. 15 And I am more encouraged, I think, 16 by an attitude that says that we ought to be 17 working with -- excuse me, Senator Larkin -- 18 that we should be working with noneducational 19 people and the community at large to see how 20 we can reduce the rate of suspension and not 21 create barriers that automatically assume that 22 children will not only be suspended from one 23 school but from any school within a district. 24 So I will in fact be voting no. 25 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Diaz. 3 SENATOR DIAZ: Thank you, 4 Mr. President. 5 Senator Hassell-Thompson said that 6 she thinks that she understands the purpose of 7 the bill. I really don't understand the 8 purpose of the bill. 9 Because I do believe, 10 Mr. President, I do believe in second chance. 11 Second chance means that sometimes you have to 12 give another opportunity to people to see if 13 they could behave or could do better. 14 What this bill, what this bill is 15 saying is it is punishing, ruining completely, 16 closing the door to a young girl or a young 17 boy that for whatever reason in the school 18 district that he or she was, they became into 19 problems. 20 Sometimes, sometimes people that 21 switch environments, people that change 22 friends, people that are transferred from one 23 environment to another, they do better in the 24 other place because they have been taken away 25 from the friends, from the environment.

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(518) 371-8910 1 And I believe that we should give a 2 second chance. I mean, I would support a bill 3 like this if the bill says a student that was 4 suspended in one school district and then was 5 suspended in another school district. But 6 then, you know, I would support something like 7 that, that the student shall not be 8 immediately in another school district. 9 But for a student, especially 10 knowing the people in my district, in the 11 black and Hispanic community, we sometimes 12 need a friendly voice, a friendly ear to 13 listen to us, to understand us, and to give us 14 a second chance. And this bill is closing the 15 doors on our youth. If you behave -- if you 16 blow it here, there is no more opportunity for 17 you. Goodbye. Go into the street, go sell 18 drugs and go ruin your future for good. 19 So, ladies and gentlemen, I really, 20 really have problems with a bill like this. I 21 think that -- again, I'm asking all of you, 22 before you vote on this bill, let's give them 23 a second chance. Let's give them another 24 opportunity. And don't close doors on our 25 youth this way.

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(518) 371-8910 1 I'm voting no. Thank you. 2 ACTING PRESIDENT GRIFFO: Thank 3 you, Senator Diaz. 4 Any other Senator wishing to be 5 heard? 6 Debate is closed. The Secretary 7 will ring the bell. 8 The Senate will come to order. 9 Read 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 ACTING PRESIDENT GRIFFO: Senator 16 Diaz, to explain his vote. 17 SENATOR DIAZ: Thank you, 18 Mr. Chairman. 19 I'm just going to explain my vote 20 just for the benefit of those that were not in 21 chamber when I spoke before. 22 And I'm saying that this bill, by 23 suspending, by closing the door on the one 24 student that is suspended, the one school 25 district, and don't giving the opportunity, a

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(518) 371-8910 1 second opportunity to that student to go into 2 another district, is closing the door on the 3 future of that student. 4 So I believe in second chance. I 5 believe that students -- sometimes by 6 transferring students to another district, 7 even though the student was suspended in one 8 district, by transferring the student to 9 another district, a new environment, new 10 friends, sometimes the student does better. 11 So I believe in second chance. I'm 12 asking all of you to give students a second 13 opportunity and don't close the door, because 14 by doing that you are ruining, completely 15 ruining the life for that student. So please 16 let's give them another opportunity. 17 And you are telling me to finish. 18 Yes, I'm finishing. But please don't vote yes 19 on this bill. I'm voting no. Join me. Vote 20 no. 21 Thank you. 22 ACTING PRESIDENT GRIFFO: Senator 23 Diaz to be recorded in the negative. 24 Senator Hassell-Thompson, to 25 explain her vote.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Thank 2 you, Mr. President. 3 Just to be sure that there's no 4 confusion, I heard that Senator Diaz said he 5 didn't understand what I understood. But what 6 I meant when I said that I understood the need 7 for the bill, part of it is the safety. When 8 children sometimes commit certain acts in a 9 school and they've been suspended based upon 10 that, going to another school without that 11 school having some knowledge may create some 12 safety issues. And there's a piece of me that 13 responds very positively to that. 14 But when I look at the very minor 15 kinds of reasons that children are being 16 suspended now, what this does is just gives 17 another stroke not only at that school's 18 ability to suspend the child but other schools 19 as well. 20 So that my contention is that when 21 you have cities like Rochester with a 22 65 percent suspension rate, and you have other 23 smaller cities, suburban cities, with 15 to 24 45 percent suspension rates, that says to me 25 that we've got some serious problems and

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(518) 371-8910 1 perhaps this is not the way we should be 2 responding to this particular issue. 3 So I will in fact be voting no. 4 Thank you. And I'm encouraging my colleagues 5 to do so as well. 6 ACTING PRESIDENT GRIFFO: Senator 7 Hassell-Thompson to be recorded in the 8 negative. 9 Senator Montgomery, to explain her 10 vote. 11 SENATOR MONTGOMERY: Yes, 12 Mr. President, I want to thank my colleagues 13 for this debate, because it was really very 14 thought-provoking. 15 And I want to thank Senator 16 Hassell-Thompson for that illustration of what 17 can happen when we don't give young people a 18 second chance, and Senator Diaz. And I am 19 going to join them in voting no. 20 I was not sure how I was going to 21 vote initially. But with an open discussion 22 among members very often, very often issues 23 come up that we may not have thought about, 24 and it's very good. 25 So, Mr. President, I am definitely

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(518) 371-8910 1 voting no on this legislation, and I hope that 2 we will be able to think about what to do with 3 young people who exhibit problem behavior in 4 any way and to try and address the cause of 5 that behavior a little bit better than we do 6 now besides automatically suspending them. 7 So I vote no. 8 ACTING PRESIDENT GRIFFO: Senator 9 Montgomery to be recorded in the negative. 10 Senator Liz Krueger, on an 11 explanation. 12 SENATOR LIZ KRUEGER: Thank you, 13 Mr. President. I also rise to vote no on this 14 bill. 15 I listened to my colleague's 16 explanation. I respect the sponsor's 17 argument. But in fact kids do stupid things 18 sometimes, particularly teenagers, if anyone 19 here has ever been a teenager and remembers 20 that fact. And I think that the concept of 21 having a law where a teenager who made a 22 mistake can't have an ability to go back to 23 school is a very, very dangerous precedent for 24 us to take. 25 So I appreciate my colleagues

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(518) 371-8910 1 raising my awareness about this issue and how 2 it could affect young people, and so I'll vote 3 no. 4 Thank you, Mr. President. 5 ACTING PRESIDENT GRIFFO: Senator 6 Krueger to be recorded in the negative. 7 Senator Marcellino. 8 SENATOR MARCELLINO: Mr. 9 President, I would have stayed quiet, but I 10 can't just stand there and let go on the 11 record what's gone on the record. 12 Nobody can be kept out of school 13 permanently unless you commit murder and are 14 put in jail. We're not talking about that. 15 We're talking about schools a chance to get 16 the help that Senator Diaz was looking for for 17 a youngster who, in this case or one of the 18 cases we're talking about, brought guns into 19 his school system, threatened his teachers and 20 fellow students. 21 I don't think that's a silly act or 22 a capricious act on the part of a silly 23 teenager, Senator. With all due respect, 24 that's quite serious. I think you would want 25 that kid treated, I think you would want that

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(518) 371-8910 1 kid with psychiatric evaluation. You couldn't 2 do that without this bill. The district 3 receiving the youngster can't do anything 4 about it. That was the purpose. 5 The parents had money and used that 6 leverage to get the kid out of the school to a 7 different school system to avoid any penalty 8 and avoid, frankly, the help that child 9 needed. 10 This gives the system a chance to 11 help the youngsters, which I believe we all 12 want. I urge everyone, consider your vote. 13 Please vote yes. This is an important bill 14 for the safety of students and teachers and 15 anyone else in the school system, and it will 16 allow them the time to give help to kids who 17 need it. 18 ACTING PRESIDENT GRIFFO: Senator 19 Marcellino will be recorded in the 20 affirmative. 21 Announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1029 are 24 Senators Diaz, Gonzalez, Hassell-Thompson, 25 Huntley, L. Krueger, Montgomery, Parker,

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(518) 371-8910 1 Perkins, Sampson and Serrano. 2 Absent from voting: Senators 3 Adams, C. Kruger and Robach. 4 Ayes, 49. Nays, 10. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1222, by Senator Nozzolio, Senate Print 7543, 9 an act in relation to creating. 10 SENATOR DUANE: Explanation, 11 please. 12 ACTING PRESIDENT GRIFFO: 13 Explanation, Senator Nozzolio. 14 SENATOR NOZZOLIO: Mr. President, 15 who asked for the explanation? 16 ACTING PRESIDENT GRIFFO: Senator 17 Duane. 18 SENATOR NOZZOLIO: Thank you, 19 Mr. President. 20 The measure before us creates a 21 Palmyra Community Public Library District 22 within the County of Wayne. That this 23 district is to be created to help expand and 24 reinforce the local commitment to the library. 25 And as we all know, libraries are windows on

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(518) 371-8910 1 the world for young and old alike. 2 And that this library is cherished 3 by the community. And as such. The advocates 4 for the library believe that they require the 5 authority of this legislation to expand their 6 base. 7 ACTING PRESIDENT GRIFFO: Thank 8 you, Senator Nozzolio. 9 SENATOR DUANE: Explanation 10 satisfactory. 11 ACTING PRESIDENT GRIFFO: The 12 debate is closed. The Secretary will ring the 13 bell. 14 Read the last section. 15 THE SECRETARY: Section 8. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: In relation to 21 Calendar Number 1222, absent from voting: 22 Senators Adams, C. Kruger and Robach. 23 Ayes, 59. Nays, 0. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1299, by Senator Skelos -- 3 SENATOR MARCELLINO: Mr. 4 President, lay the bill aside for the day. 5 ACTING PRESIDENT GRIFFO: Lay the 6 bill aside for the day. 7 SENATOR MARCELLINO: And can we 8 ask, in the interests of expeditiousness and 9 moving this process along, if the members 10 could stay in the chambers so we can get these 11 things done quickly and we can move the votes 12 as quickly as possible. 13 ACTING PRESIDENT GRIFFO: At the 14 request of Senator Marcellino, I would ask 15 that members please remain in their seats in 16 order to expedite the process today, and ask 17 the Sergeant-at-Arms to gather members. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1307, by Senator Lanza, Senate Print 6769A, an 21 act to amend the Education Law. 22 SENATOR DUANE: Explanation, 23 please. 24 ACTING PRESIDENT GRIFFO: 25 Explanation, Senator Lanza.

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(518) 371-8910 1 SENATOR LANZA: Yes, 2 Mr. President. 3 Performance-enhancing anabolic 4 steroid abuse is a growing problem posing a 5 significant health threat to our high school 6 athletes. It is important that we educate 7 students with respect to these dangers, but 8 it's also important that we deter its use from 9 the very beginning. 10 This bill would require student 11 athletes to agree not to use illegal anabolic 12 steroids and also require random testing. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Lanza. 15 Senator Krueger. 16 SENATOR LIZ KRUEGER: Thank you. 17 If the sponsor wouldn't mind answering some 18 questions. 19 ACTING PRESIDENT GRIFFO: Senator 20 Lanza, will you yield? 21 SENATOR LANZA: Yes, 22 Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Krueger. 25 SENATOR LIZ KRUEGER: Thank you,

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(518) 371-8910 1 Senator. Through you, Mr. President. 2 The estimated cost is a million 3 dollars from this bill. But how many tests 4 are we expecting will be performed per year? 5 ACTING PRESIDENT GRIFFO: Senator 6 Lanza. 7 SENATOR LANZA: Mr. President, 8 the estimate is approximately 5,000. 9 SENATOR LIZ KRUEGER: Thank you, 10 Mr. President. If the sponsor would continue 11 to yield. 12 ACTING PRESIDENT GRIFFO: Senator 13 Lanza, will you continue to yield? 14 SENATOR LANZA: Yes, 15 Mr. President. 16 ACTING PRESIDENT GRIFFO: Senator 17 Krueger. 18 SENATOR LIZ KRUEGER: What are 19 the legal ramifications for the school as well 20 as the young person if they are tested and 21 they are found to in fact have steroids in 22 their system? Does the school have an 23 obligation to report to the police department, 24 to the district attorney's office? What 25 happens once the test results are known?

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(518) 371-8910 1 SENATOR LANZA: Through you, 2 Mr. President, there is a privacy provision 3 within this legislation that would prohibit 4 the schools from reporting any results of 5 testing to third parties. 6 SENATOR LIZ KRUEGER: Through 7 you, Mr. President, if the sponsor would 8 continue to yield. 9 ACTING PRESIDENT GRIFFO: Senator 10 Lanza, will you continue to yield? 11 SENATOR LANZA: Yes. 12 ACTING PRESIDENT GRIFFO: Senator 13 Krueger. 14 SENATOR LIZ KRUEGER: So we'll 15 test; we might find young people using the 16 drugs. And then what will we do with that 17 information? Will we stop the student from 18 participating in the activity? 19 SENATOR LANZA: Through you, 20 Mr. President, the rules would be promulgated 21 by the State Department of Education. 22 Penalties would range from probation to 23 suspension from the athletic program. 24 SENATOR LIZ KRUEGER: Mr. 25 President, if through you the sponsor would

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(518) 371-8910 1 continue to yield. 2 ACTING PRESIDENT GRIFFO: Senator 3 Lanza, do you continue to yield? 4 SENATOR LANZA: Yes. 5 ACTING PRESIDENT GRIFFO: Senator 6 Krueger. 7 SENATOR LIZ KRUEGER: Thank you. 8 Would the school have an obligation 9 to report the information to the parents of 10 the student athlete? 11 SENATOR LANZA: Through you, 12 Mr. President, this program would require 13 consent of the parent. 14 SENATOR LIZ KRUEGER: Thank you. 15 Through you, Mr. President, if the 16 sponsor could continue to yield. 17 ACTING PRESIDENT GRIFFO: Senator 18 Lanza, will you continue to yield? 19 SENATOR LANZA: Yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Krueger. 22 SENATOR LIZ KRUEGER: And I 23 appreciate the sponsor's answers, because of 24 course I don't want young people using 25 steroids.

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(518) 371-8910 1 So it would be random, but you 2 would have to get permission from the parent 3 to test the student. So some random number of 4 students in any given sports activity would 5 have a note to bring home to their parents to 6 get signed off to participate, is that the 7 correct understanding? 8 SENATOR LANZA: Through you, 9 Mr. President. As a condition of entering 10 into the athletic program, much in the same 11 way as students across the state today are 12 required to submit to physical examinations 13 before participating in athletic programs, 14 this would just be added to that. 15 SENATOR LIZ KRUEGER: So through 16 you, Mr. President, if the sponsor would 17 continue to yield. 18 ACTING PRESIDENT GRIFFO: Senator 19 Lanza, do you continue to yield? 20 SENATOR LANZA: Yes. 21 ACTING PRESIDENT GRIFFO: Senator 22 Krueger. 23 SENATOR LIZ KRUEGER: Thank you. 24 So again, I decide to sign up for a 25 school sport, I have to get permission from my

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(518) 371-8910 1 parent or guardian to participate in the 2 sport, and now that documentation will also 3 say and if you're a participant in these 4 sports, you may be randomly selected for a 5 steroid test? I think that's what I heard you 6 say. 7 And then as my follow-up, and then 8 if in fact I am selected for the test and the 9 test comes back as a positive for steroids, 10 the privacy provisions will mean that the 11 school doesn't report it to the district 12 attorney or the police, but does the school 13 report that finding specifically back to my 14 parent? 15 SENATOR LANZA: Through you, 16 Mr. President, it does not. 17 SENATOR LIZ KRUEGER: It does 18 not. And then -- I'm sorry, Mr. President, if 19 through you the sponsor would continue to 20 yield. 21 ACTING PRESIDENT GRIFFO: Senator 22 Lanza, do you continue to yield? 23 SENATOR LANZA: Yes. 24 ACTING PRESIDENT GRIFFO: Senator 25 Krueger.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: So the 2 positive finding would not be reported to my 3 parent, but I would then no longer be eligible 4 to participate in the sport? 5 ACTING PRESIDENT GRIFFO: Senator 6 Lanza. 7 SENATOR LANZA: Through you, 8 potentially. 9 SENATOR LIZ KRUEGER: Thank you. 10 On the bill. 11 ACTING PRESIDENT GRIFFO: Senator 12 Krueger, on the bill. 13 SENATOR LIZ KRUEGER: I'm going 14 to vote for the bill, because I think we have 15 to do anything and everything to make sure 16 that our young people are not using steroids, 17 because it's killing them. It may kill them 18 later in life after they get old enough to 19 realize what a terrible mistake this was. 20 And so I certainly understand the 21 sponsor's argument for why he wants to have a 22 program that would hopefully discourage young 23 people from using steroids. 24 My concerns about the bill, though, 25 are in fact, though, we might find out we have

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(518) 371-8910 1 a problem for an individual, we're not telling 2 their family, their parents, their guardians, 3 and we're not necessarily even stopping them 4 from continuing in the sport. Hence, we've 5 done a test, we'll have some statistical data, 6 but we won't necessarily have helped that one 7 young person. 8 We also might find a pattern of 9 many young people all on the same team 10 potentially being found positive for steroids, 11 but again, we won't necessarily be addressing 12 what might be a systemic problem even with 13 someone in a position of authority involved 14 with the sports team at the school, again 15 because of privacy. 16 I certainly am not a legislator who 17 likes to stand up and argue for stricter 18 penalties on teenagers; hence the earlier 19 discussion on the previous bill. But I'm 20 worried that we'll spend quite a bit of money 21 on this bill, and again -- well, we'll spend a 22 million dollars, although I've been told that 23 the costs are higher than I understood them to 24 be, so I'm not sure you can actually do as 25 many tests as you want with a million dollars.

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(518) 371-8910 1 But then, even doing that, this 2 bill doesn't take the information anywhere 3 that will help let the parents know that their 4 child has a problem, that lets the school 5 system even know that they may have a pattern 6 and practice problem among a certain group of 7 athletes participating in a particular type of 8 sports. 9 And so I'm struggling with the fact 10 that I understand the goal; I'm not sure this 11 bill is going to get us where we want to go. 12 So I'll vote for the bill under the 13 belief that if it's put into law, others will 14 see there's some glitches here that we need to 15 work on as well, and that we'll no doubt have 16 to come back and revisit, either through a 17 stricter set of regulations or through 18 amendments to the law afterwards, how we deal 19 with the question now you know the information 20 but what are you doing with it to stop young 21 people from using steroids. 22 So I appreciate the sponsor's 23 efforts with the bill and his answers to my 24 questions. And again, I will vote for the 25 bill; I don't want anyone to be discouraged

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(518) 371-8910 1 from voting for it. But I think we're going 2 to need to go farther to get to where you and 3 I want to go. 4 Thank you, Mr. President. 5 ACTING PRESIDENT GRIFFO: Thank 6 you, Senator Krueger. 7 Is there any other Senator wishing 8 to be heard? 9 The debate is closed. The 10 Secretary will ring the bell. 11 Read the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: In relation to 18 Calendar Number 1307, absent from voting: 19 Senators Adams, C. Kruger, and Robach. 20 Ayes, 59. Nays, 0. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 Senator Marcellino. 24 SENATOR MARCELLINO: Mr. 25 President, can we have the remaining bills

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(518) 371-8910 1 that were laid aside laid aside for the day. 2 ACTING PRESIDENT GRIFFO: The 3 remaining bills on the controversial calendar 4 will be laid aside for the day. 5 SENATOR MARCELLINO: Do we have 6 any motions? I believe we do. If we could 7 take Senator Farley now on the motions. 8 ACTING PRESIDENT GRIFFO: Thank 9 you, Senator Marcellino. 10 Returning to the order of motions 11 and resolutions. Senator Farley, on motions. 12 SENATOR FARLEY: Thank you, 13 Mr. President. 14 On behalf of Senator Bonacic, on 15 page 15, Calendar Number 375, Senate Print 16 Number 5514A, I offer the following 17 amendments. 18 And on behalf of Senator Lanza, on 19 page 32, Calendar Number 887, Senate Print 20 Number 7353, I offer amendments to that. 21 ACTING PRESIDENT GRIFFO: Can we 22 have order, please. 23 SENATOR FARLEY: And on behalf of 24 Senator Marcellino, on page 61, Calendar 25 Number 1439, Senate Print 6944A, I offer the

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(518) 371-8910 1 amendments to those third reading bills, and I 2 ask that the bills retain their place on the 3 Third Reading Calendar. 4 ACTING PRESIDENT GRIFFO: The 5 amendments are received and adopted, and the 6 bills will retain their place on the third 7 reading calendar. 8 Senator Marcellino. 9 SENATOR MARCELLINO: Mr. 10 President, if we can return to reports of 11 standing committees and take up the report of 12 Rules Committee, the prior Rules Committee 13 report. 14 So the members will know, we're 15 going to take this, approve it, do another 16 Rules Committee meeting before we break for 17 the day. We're not going to take up any bills 18 on that, but we're going to have another Rules 19 Committee meeting, so everybody knows what's 20 going on. We will adjourn after that Rules 21 Committee meeting has returned. 22 ACTING PRESIDENT GRIFFO: Thank 23 you, Senator Marcellino. 24 Returning to the order of reports 25 of standing committees, the Secretary will

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(518) 371-8910 1 read the report of the Rules Committee. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, reports the 4 following bills: 5 Senate Print 195, by Senator 6 Larkin, an act to authorize; 7 900, by Senator Flanagan, an act to 8 authorize; 9 1140A, by Senator Little, 10 Concurrent Resolution of the Senate and 11 Assembly; 12 2597, by Senator Alesi, an act to 13 amend the Volunteer Firefighters Benefit Law; 14 3727, by Senator Golden, an act to 15 amend the Executive Law -- 16 ACTING PRESIDENT GRIFFO: The 17 stenographer cannot hear the reading of the 18 reports. Can we have order, please. Thank 19 you. 20 THE SECRETARY: -- Calendar 21 Number 3741A, by Senator Leibell, an act to 22 amend the Executive Law; 23 5307, by Senator Marcellino, an act 24 to amend the Education Law; 25 6004, by Senator Griffo, an act to

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(518) 371-8910 1 amend the Education Law; 2 6736, by Senator Flanagan, an act 3 to authorize; 4 7063, by Senator Winner, an act to 5 amend the County Law and others; 6 7132, by Senator Libous, an act to 7 amend the Executive Law; 8 7226, by Senator Duane, an act to 9 amend the Environmental Conservation Law; 10 7256, by Senator Skelos, an act to 11 authorize; 12 7312, by Senator Volker, an act to 13 amend the County Law; 14 7338A, by Senator Morahan, an act 15 to authorize; 16 7501, by Senator Skelos, an act to 17 authorize; 18 7717, by Senator Trunzo, an act to 19 amend the General Municipal Law; 20 7799A, by Senator Bonacic, an act 21 to amend the Real Property Tax Law; 22 7805, by Senator Farley, an act to 23 amend the Education Law; 24 7930, by Senator Maziarz, an act in 25 relation to authorizing;

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(518) 371-8910 1 8078, by Senator Morahan, an act to 2 authorize; 3 8183A, by Senator Trunzo, an act to 4 amend the Criminal Procedure Law; 5 8247, by Senator Marcellino, an act 6 to authorize; 7 8276A, by Senator Golden, an act to 8 amend the Education Law; 9 8327, by Senator Leibell, an act to 10 amend the Tax Law; 11 And Senate Print 8348, by Senator 12 Flanagan, an act to amend Chapter 629 of the 13 Laws of 2005. 14 All bills ordered direct to third 15 reading. 16 ACTING PRESIDENT GRIFFO: Senator 17 Marcellino. 18 SENATOR MARCELLINO: Thank you, 19 Mr. President. If we could just hold for one 20 second. 21 ACTING PRESIDENT GRIFFO: Senator 22 Marcellino. 23 SENATOR MARCELLINO: Mr. 24 President, I'm advised that there will be a 25 Rules Committee meeting at 5 o'clock,

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(518) 371-8910 1 5:00 p.m. in Room 332. We will take that, 2 we'll just get the report and then adjourn. 3 So we're going to stand at ease 4 until 5:00 when the Rules Committee will meet. 5 ACTING PRESIDENT GRIFFO: Senator 6 Marcellino, do you have a motion to accept the 7 current Rules Committee report? 8 SENATOR MARCELLINO: I move to 9 accept the report of the Rules Committee as 10 read. 11 ACTING PRESIDENT GRIFFO: All in 12 favor of accepting the Rules Committee report 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 report of the Rules Committee is accepted. 20 There will be a meeting of the 21 Rules Committee at 5:00 p.m. in the Senate 22 Majority Conference Room, Room 332. 23 The Senate stands at ease. 24 (Whereupon, the Senate stood at 25 ease at 4:52 p.m.)

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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 5:15 p.m.) 3 ACTING PRESIDENT GRIFFO: Senator 4 Saland. 5 SENATOR SALAND: May we please 6 return to reports of standing committees for 7 the report of the Rules Committee. 8 ACTING PRESIDENT GRIFFO: Reports 9 of standing committees. 10 The Secretary will read the Rules 11 Committee report. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bills: 15 Senate Print 322, by Senator 16 Golden, an act to amend the Elder Law; 17 475, by Senator Bonacic, an act to 18 amend the Public Health Law; 19 942B, by Senator LaValle, an act to 20 amend the Tax Law; 21 1120, by Senator Little, an act to 22 amend the Real Property Tax Law; 23 1842C, by Senator LaValle, an act 24 to amend the Tax Law; 25 3581, by Senator Flanagan, an act

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(518) 371-8910 1 to amend the Economic Development Law; 2 2724, by Senator Griffo, Concurrent 3 Resolution of the Senate and Assembly; 4 3776A, by Senator Young, an act to 5 amend the Environmental Conservation Law; 6 4174, by Senator Trunzo, an act to 7 amend the General Municipal Law and others; 8 4218A, by Senator Leibell, an act 9 to amend the Executive Law; 10 4304C, by Senator Fuschillo, an act 11 to amend the Executive Law; 12 4639C, by Senator Padavan, an act 13 to amend the Tax Law; 14 5042, by Senator Saland, an act to 15 amend the General Obligations Law; 16 5442B, by Senator Marcellino, an 17 act to amend the Energy Law; 18 5584A, by Senator Lanza, an act to 19 amend the Penal Law; 20 6691, by Senator Trunzo, an act to 21 direct; 22 6728A, by Senator O. Johnson, an 23 act to amend Chapter 635 of the Laws of 1987; 24 6785A, by Senator Fuschillo, an act 25 to authorize;

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(518) 371-8910 1 6792A, by Senator Lanza, an act to 2 amend the Tax Law; 3 6904, by Senator Leibell, an act to 4 amend the State Law; 5 7139A, by Senator Maltese, an act 6 to amend the Executive Law; 7 7701, by Senator Rath, an act to 8 amend the Real Property Tax Law; 9 8133, by Senator Maziarz, an act to 10 amend Chapter 33 of the Laws of 1998; 11 8173A, by Senator Marcellino, an 12 act to amend the Tax Law; 13 8188, by Senator Skelos, an act to 14 amend the Town Law; 15 8237, by Senator Bruno, an act to 16 legalize, validate, ratify and confirm; 17 8310, by Senator Little, an act to 18 adjust; 19 8363, by the Senate Committee on 20 Rules, an act in relation to adjusting; 21 8374, by Senator Robach, an act to 22 amend the Workers' Compensation Law; 23 8384, by Senator O. Johnson, an act 24 to amend the State Finance Law and others; 25 8385, by Senator Seward, an act to

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(518) 371-8910 1 amend Chapter 630 of the Laws of 1988; 2 And Senate Print 8387, by Senator 3 Gonzalez, an act to amend the Domestic 4 Relations Law. 5 All bills ordered direct to third 6 reading. 7 ACTING PRESIDENT GRIFFO: Senator 8 Saland. 9 SENATOR SALAND: Thank you, 10 Mr. President. I move to accept the report of 11 the Rules Committee. 12 ACTING PRESIDENT GRIFFO: All in 13 favor of accepting the report of the Rules 14 Committee signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT GRIFFO: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT GRIFFO: The 20 report is accepted. 21 Senator Saland. 22 SENATOR SALAND: Mr. President, 23 is there any further business at the desk? 24 ACTING PRESIDENT GRIFFO: There 25 is none.

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(518) 371-8910 1 SENATOR SALAND: Then I would 2 move to adjourn until Thursday, June 12th, at 3 11:00 a.m. 4 ACTING PRESIDENT GRIFFO: On 5 motion, the Senate stands adjourned until 6 Thursday, June 12th, at 11:00 a.m. 7 (Whereupon, at 5:19 p.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910