Thursday, June 12, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 12, 2008 11 11:07 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR GEORGE H. WINNER, JR., Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT WINNER: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT WINNER: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT WINNER: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, June 11, the Senate met pursuant to 18 adjournment. The Journal of Tuesday, June 10, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT WINNER: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 could I call an immediate meeting of the Rules 10 Committee in Room 332, please. 11 ACTING PRESIDENT WINNER: There 12 will be an immediate meeting of the Rules 13 Committee in Room 332. 14 The Senate will stand at ease 15 pending the return of the Rules Committee 16 members. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 (Whereupon, the Senate stood at 20 ease at 11:08 a.m.) 21 (Whereupon, the Senate reconvened 22 at 11:28 a.m.) 23 ACTING PRESIDENT WINNER: Senator 24 Libous. 25 SENATOR LIBOUS: Mr. President,

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(518) 371-8910 1 could we return to motions and resolutions, 2 please. 3 ACTING PRESIDENT WINNER: Motions 4 and resolutions. 5 Senator Little. 6 SENATOR LITTLE: Thank you, 7 Mr. President. 8 On behalf of Senator O. Johnson, 9 please place a sponsor's star on Calendar 10 Number 1705. 11 ACTING PRESIDENT WINNER: So 12 ordered. 13 SENATOR LITTLE: Thank you. 14 Mr. President, amendments are 15 offered to the following Third Reading 16 Calendar bills: 17 Sponsored by Senator LaValle, on 18 page 11, Calendar Number 264, Senate Print 19 Number 930A; 20 Sponsored by Senator Larkin, on 21 page number 23, Calendar Number 612, Senate 22 Print Number 205A; 23 Sponsored by Senator Morahan, page 24 number 68, Calendar Number 1671, Senate Print 25 Number 8078;

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(518) 371-8910 1 And sponsored by Senator 2 Marcellino, on page 67, Calendar Number 1656, 3 Senate Print Number 5307. 4 ACTING PRESIDENT WINNER: The 5 amendments are received, and the bills will 6 retain their place on the Third Reading 7 Calendar. 8 SENATOR LITTLE: Thank you. 9 ACTING PRESIDENT WINNER: Thank 10 you, Senator Little. 11 Senator Duane. 12 SENATOR DUANE: Thank you, 13 Mr. President. 14 On behalf of Senator Stavisky, on 15 page 64 I offer the following amendments to 16 Calendar Number 1528, Senate Print Number 17 7016A, and ask that said bill retain its place 18 on Third Reading Calendar. 19 ACTING PRESIDENT WINNER: The 20 amendments are received, and the bill will 21 retain its place on the Third Reading 22 Calendar. 23 Thank you, Senator Duane. 24 SENATOR DUANE: Thank you, 25 Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Libous. 3 SENATOR LIBOUS: Mr. President, 4 we have substitutions at the desk. 5 ACTING PRESIDENT WINNER: The 6 Secretary will read. 7 THE SECRETARY: On page 34, 8 Senator Little moves to discharge, from the 9 Committee on Health, Assembly Bill Number 10 5278A and substitute it for the identical 11 Senate Bill Number 7468, Third Reading 12 Calendar 926. 13 On page 34, Senator Hannon moves to 14 discharge, from the Committee on Health, 15 Assembly Bill Number 10395A and substitute it 16 for the identical Senate Bill Number 7629, 17 Third Reading Calendar 927. 18 On page 43, Senator Alesi moves to 19 discharge, from the Committee on 20 Investigations and Government Operations, 21 Assembly Bill Number 10657 and substitute it 22 for the identical Senate Bill Number 7636, 23 Third Reading Calendar 1163. 24 On page 67, Senator Golden moves to 25 discharge, from the Committee on Finance,

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(518) 371-8910 1 Assembly Bill Number 6198 and substitute it 2 for the identical Senate Bill Number 3727, 3 Third Reading Calendar 1654. 4 On page 70, Senator Flanagan moves 5 to discharge, from the Committee on Commerce, 6 Economic Development and Small Business, 7 Assembly Bill Number 6906 and substitute it 8 for the identical Senate Bill Number 3581, 9 Third Reading Calendar 1682. 10 On page 70, Senator Marcellino 11 moves to discharge, from the Committee on 12 Energy and Telecommunications, Assembly Bill 13 Number 2005C and substitute it for the 14 identical Senate Bill Number 5442B, Third 15 Reading Calendar 1689. 16 On page 71, Senator Maziarz moves 17 to discharge, from the Committee on Social 18 Services, Children and Families, Assembly Bill 19 Number 10671 and substitute it for the 20 identical Senate Bill Number 8133, Third 21 Reading Calendar 1698. 22 And on page 71, Senator Skelos 23 moves to discharge, from the Committee on 24 Rules, Assembly Bill Number 11156 and 25 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 8188, Third Reading Calendar 1700. 2 ACTING PRESIDENT WINNER: 3 Substitutions ordered. 4 Senator Libous. 5 SENATOR LIBOUS: Mr. President, 6 Resolution Number 6464, by Senator Thompson, 7 could we have the title read and the 8 resolution moved. And certainly we'd like to 9 open it for cosponsorship. 10 ACTING PRESIDENT WINNER: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Thompson, Legislative Resolution Number 6464, 14 memorializing Governor David A. Paterson to 15 proclaim November 20, 2008, as Great American 16 Smoke Out Day in the State of New York. 17 ACTING PRESIDENT WINNER: The 18 question is on the resolution. All in favor 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT WINNER: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT WINNER: The 25 resolution is adopted.

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(518) 371-8910 1 The resolution is open for 2 cosponsorship; may we please put everyone on 3 as a cosponsor. If someone does not wish to 4 be a cosponsor, please notify the desk. 5 Senator Libous. 6 SENATOR LIBOUS: Mr. President, 7 could we please have the noncontroversial 8 reading of the calendar. 9 ACTING PRESIDENT WINNER: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 819, by Senator Hannon, Senate Print 4661A, an 13 act to amend the Public Health Law, in 14 relation to training. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 920, by Senator C. Kruger, Senate Print 7403, 2 an act to amend the Executive Law, in relation 3 to tolling the placement period for youth on 4 conditional release. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT WINNER: Call 10 the roll call. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 52. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 925, by Senator Fuschillo, Senate Print 7330, 17 an act to amend the Public Health Law, in 18 relation to requiring hotels. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 52. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 926, substituted earlier by Member of the 6 Assembly Wright, Assembly Print Number 5278A, 7 an act to amend the Public Health Law, in 8 relation to healthcare education. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT WINNER: Senator 17 Duane, to explain his vote. 18 SENATOR DUANE: Thank you, 19 Mr. President. I'll be voting in the 20 affirmative on this bill, and I am very 21 supportive of it. 22 But I do also want to remind all of 23 my colleagues that time in this session is 24 running short and we have yet to take action 25 on the Healthy Teens Act. And I just couldn't

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(518) 371-8910 1 help but be reminded that that also deals with 2 healthcare education. And I hope that time is 3 not going to run out before we're able to pass 4 the Healthy Teens Act. 5 Thank you, Mr. President. I'll be 6 voting in the affirmative. 7 ACTING PRESIDENT WINNER: Senator 8 Duane will be recorded in the affirmative. 9 Announce the results. 10 THE SECRETARY: Ayes, 53. Nays, 11 0. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 927, substituted earlier by Member of the 16 Assembly Gottfried, Assembly Print Number 17 10395A, an act to amend the Public Health Law, 18 in relation to authorizing physician 19 assistants. 20 ACTING PRESIDENT WINNER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT WINNER: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 53. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1035, by Senator LaValle, Senate Print 7625, 7 an act to authorize payment. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 53. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1163, substituted earlier by Member of the 20 Assembly Schimminger, Assembly Print Number 21 10657, an act to amend the Alcoholic Beverage 22 Control Law, in relation to terms. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 53. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1284, by Senator Padavan, Senate Print 8145, 10 an act to amend the Real Property Tax Law and 11 the Education Law, in relation to solar 12 electric generating system. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 53. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1299, by Senator Skelos, Senate Print 2375, an 25 act to amend the Executive Law, in relation to

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(518) 371-8910 1 including the conviction. 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT WINNER: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 1372, by Senator Trunzo, Senate Print 1324A, 8 an act to amend the Penal Law, in relation to 9 the criminal sale. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect on the first of 14 November. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT WINNER: Senator 19 Schneiderman, to explain his vote. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Mr. President. 22 This bill expands the areas around 23 playgrounds and municipal parks to create -- 24 to attempt to create drug-free zones. And I 25 understand that it has a good intention.

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(518) 371-8910 1 The problem with this bill is that 2 functionally, in the City of New York, if you 3 try and expand the zone where you have 4 enhanced penalties to an area anywhere near a 5 municipal park, you're essentially wiping out 6 the entire borough of Manhattan and the 7 borough of the Bronx and most of Brooklyn and 8 Queens. 9 Now, if the objective here is to 10 try and toughen penalties in the entire City 11 of New York so that we move all the drug 12 dealing to the suburbs, maybe this would make 13 sense. But as it is now, I think it has to be 14 retooled to deal with the vast differences 15 around our state in geography and demography. 16 The intention, I think, is very 17 good. None of us want drug dealing in parks. 18 But as it is currently drafted, I think this 19 is an unworkable bill. So with all due regard 20 and appreciation for Senator Trunzo's effort, 21 I'm going to be voting no. This is not 22 something that can possibly work. 23 Everything within a thousand feet 24 of the real property line of Central Park is a 25 lot of territory, Mr. President, and I don't

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(518) 371-8910 1 think this is going to functionally work. I 2 think this is going to create a two-tier 3 system of penalties, which is not what the 4 sponsor intends. 5 So I'm going to be voting no. 6 Thank you. 7 ACTING PRESIDENT WINNER: Senator 8 Schneiderman will be recorded in the negative. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1372 are 13 Senators Duane, L. Krueger, Perkins and 14 Schneiderman. 15 Ayes, 52. Nays, 4. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1390, by Senator LaValle, Senate Print 6847A, 20 an act to amend the Criminal Procedure Law, in 21 relation to designating employees. 22 ACTING PRESIDENT WINNER: 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 WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1390 are 6 Senators Duane, L. Krueger and Perkins. 7 Ayes, 53. Nays, 3. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1435, by Senator LaValle, Senate Print 8110, 12 an act to amend the Education Law, in relation 13 to central high school districts. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 56. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1456, by Senator Saland, Senate Print 7949A,

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(518) 371-8910 1 an act to amend the Correction Law, in 2 relation to agreements. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 30th day. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 56. Nays, 11 1. Senator Hassell-Thompson recorded in the 12 negative. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1471, by Senator Seward, Senate Print 7111 -- 17 SENATOR DUANE: Lay it aside, 18 please. 19 ACTING PRESIDENT WINNER: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 1499, by Senator Skelos, Senate Print 7349, an 23 act to amend the Business Corporation Law, in 24 relation to dividends. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1578, by Senator Bonacic, Senate Print 5298A, 12 an act to amend the General Municipal Law, in 13 relation to authorizing. 14 ACTING PRESIDENT WINNER: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of January 19 next succeeding. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1589, by Senator Morahan, Senate Print 4013A, 3 an act relating to authorizing and directing 4 the Commissioner of General Services. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 SENATOR DUANE: Lay it aside, 10 please. 11 ACTING PRESIDENT WINNER: The 12 bill is laid aside. 13 THE SECRETARY: Calendar Number 14 1590, by Senator Winner, Senate Print 4325, an 15 act to amend the Real Property Tax Law, in 16 relation to exemption. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of January. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1613, by Member of the Assembly Lentol, 4 Assembly Print Number 10736, an act to amend 5 Chapter 548 of the Laws of 2004. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 SENATOR DUANE: Lay it aside, 9 please. 10 ACTING PRESIDENT WINNER: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 1619, by Senator Leibell, Senate Print 7267A, 14 an act to amend the Public Officers Law, in 15 relation to residency requirements. 16 ACTING PRESIDENT WINNER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act -- 20 SENATOR DUANE: Lay it aside, 21 please. 22 ACTING PRESIDENT WINNER: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number 25 1638, by Senator Saland, Senate Print 7984A,

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(518) 371-8910 1 an act to amend the Penal Law and the 2 Correction Law, in relation to establishing 3 penalties. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1638 are 14 Senators Duane, Montgomery, Perkins and 15 Serrano. Also Senator Hassell-Thompson. 16 Ayes, 54. Nays, 5. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1644, by Senator LaValle, Senate Print 8314 -- 21 SENATOR DUANE: Lay it aside, 22 please. 23 ACTING PRESIDENT WINNER: The 24 bill is laid aside. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1648, by Senator O. Johnson, Senate Print 2 1287, an act to amend the Executive Law, in 3 relation to requests. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1650, by Senator Larkin, Senate Print 195, an 17 act to authorize the City of Newburgh. 18 ACTING PRESIDENT WINNER: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall -- 23 SENATOR DUANE: Lay it aside, 24 please. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 1651, by Senator Flanagan, Senate Print 900, 4 an act to authorize the Holy Cross Roman 5 Catholic Church to retroactively apply. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 SENATOR DUANE: Lay it aside, 14 please. 15 ACTING PRESIDENT WINNER: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 1652, by Senator Little, Concurrent 19 Resolution -- 20 SENATOR DUANE: Lay it aside, 21 please. 22 ACTING PRESIDENT WINNER: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number 25 1653, by Senator Alesi, Senate Print 2597, an

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(518) 371-8910 1 act to amend the Volunteer Firefighters 2 Benefit Law and the Volunteer Ambulance 3 Workers Benefit Law, in relation to increasing 4 permanent total disability benefits. 5 ACTING PRESIDENT WINNER: There 6 is a local fiscal impact note at the desk. 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1654, substituted earlier today by Member of 18 the Assembly Englebright, Assembly Print 19 Number 6198, an act to amend the Executive 20 Law, in relation to making the director. 21 ACTING PRESIDENT WINNER: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT WINNER: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1655, by Senator Leibell, Senate Print 3741A, 8 an act to amend the Executive Law, in relation 9 to establishing. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1657, by Senator Griffo, Senate Print 6004, an 22 act to amend the Education Law, in relation to 23 extending certain benefits. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the first of July. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1658, by Senator Flanagan, Senate Print 6736, 11 an act to authorize the Holy Cross Polish 12 National Church to retroactively apply. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1658 are 22 Senators Bonacic, Larkin and Rath. 23 Ayes, 56. Nays, 3. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1659, by Senator Winner, Senate Print 7063, an 3 act to amend the County Law and others, in 4 relation to requiring. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the first of January. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1660, by Senator Libous, Senate Print -- 17 SENATOR DUANE: Lay it aside, 18 please. 19 ACTING PRESIDENT WINNER: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 1661, by Senator Golden, Senate Print 322, an 23 act to amend the Elder Law, in relation to 24 creating. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section -- 3 SENATOR DUANE: Lay it aside, 4 please. 5 ACTING PRESIDENT WINNER: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 1662, by Senator Duane, Senate Print 7226 -- 9 SENATOR MARCELLINO: Lay the bill 10 aside, please. 11 ACTING PRESIDENT WINNER: The 12 bill is laid aside. 13 THE SECRETARY: Calendar Number 14 1663, by Senator Skelos, Senate Print 7256, an 15 act to authorize the Hewlett-East Rockaway 16 Jewish Centre. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 1663 are

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(518) 371-8910 1 Senators Bonacic, Larkin and Rath. 2 Ayes, 56. Nays, 3. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1664, by Senator Volker, Senate Print 7312, an 7 act to amend the County Law, in relation to 8 establishing. 9 ACTING PRESIDENT WINNER: There 10 is a local fiscal impact note at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect -- 14 SENATOR DUANE: Lay it aside, 15 please. 16 ACTING PRESIDENT WINNER: The 17 bill is laid aside. 18 THE SECRETARY: Calendar Number 19 1666, by Senator Skelos, Senate Print 7501, an 20 act to authorize Valley Stream Union Free 21 School District. 22 ACTING PRESIDENT WINNER: 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 WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. Nays, 5 1. Senator Bonacic recorded in the negative. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1667, by Senator Trunzo, Senate Print 7717, an 10 act to amend the General Municipal Law, in 11 relation to granting. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1669, by Senator Farley, Senate Print 7805, an 24 act to amend the Education Law, in relation to 25 contract for excellence.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1670, by Senator Maziarz, Senate Print 7930, 13 an act in relation to authorizing and 14 directing. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1672, by Senator Trunzo, Senate Print 8183A, 2 an act to amend the Criminal Procedure Law, in 3 relation to granting uniform members. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1672 are 13 Senators Dilan, Duane, L. Krueger, Montgomery, 14 Perkins and Schneiderman. Also Senator 15 Hassell-Thompson. 16 Ayes, 52. Nays, 7. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1673, by Senator Marcellino, Senate Print 21 8247, an act to authorize the American Diocese 22 of the Malankara Orthodox Syrian Church, Inc., 23 to retroactively apply. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1673 are 8 Senators Bonacic, Larkin and Rath. 9 Ayes, 56. Nays, 3. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1674, by Senator Golden, Senate Print 8276A, 14 an act to amend the Education Law, in relation 15 to citizenship requirements. 16 ACTING PRESIDENT WINNER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1675, by Senator Leibell, Senate Print 8327, 3 an act to amend the Tax Law, in relation to 4 New York adjusted gross income. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1676, by Senator Flanagan, Senate Print 8348, 17 an act to amend Chapter 629 of the Laws of 18 2005, amending the Local Finance Law. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1677, by Senator Bonacic, Senate Print 475, an 6 act to amend the Public Health Law, in 7 relation to providing. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 180th day. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1678, by Senator LaValle, Senate Print 942B, 20 an act to amend the Tax Law, in relation to 21 providing an exemption. 22 ACTING PRESIDENT WINNER: A local 23 fiscal impact note is at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect September 1, 2008. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT WINNER: Senator 6 Krueger, to explain her vote. 7 SENATOR LIZ KRUEGER: Thank you 8 very much. Just to explain briefly my vote of 9 why I continue to vote no on this bill. 10 I'm very concerned about the 11 unequal tax policy treatment of if a company 12 locates in a college campus, then they don't 13 have to pay their sales tax under this law, 14 while if you're operating outside of a campus, 15 then you do. 16 And I think that there should be a 17 concern about fair business tax treatment in 18 this state, so I'll continue to vote no. 19 Thank you, Mr. President. 20 ACTING PRESIDENT WINNER: Senator 21 Krueger will be recorded in the negative. 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1678 are 25 Senators Duane, Hassell-Thompson, L. Krueger,

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(518) 371-8910 1 Perkins and Schneiderman. Also Senator Diaz. 2 Ayes, 53. Nays, 6. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1679, Senator Little moves to 7 discharge, from the Committee on Rules -- 8 SENATOR DUANE: Lay it aside, 9 please. 10 ACTING PRESIDENT WINNER: Allow 11 the substitution to go forward. 12 SENATOR DUANE: Yes, 13 Mr. President. 14 THE SECRETARY: -- Assembly Bill 15 Number 872 and substitute it for the identical 16 Senate Bill Number 1120, Third Reading 17 Calendar 1679. 18 ACTING PRESIDENT WINNER: 19 Substitution ordered. 20 The bill is laid aside. 21 THE SECRETARY: Calendar Number 22 1680, by Senator LaValle, Senate Print 1842C, 23 an act to amend the Tax Law, in relation to 24 exempting primary residential property. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 SENATOR DUANE: Lay it aside, 5 please. 6 ACTING PRESIDENT WINNER: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 1681, by Senator Griffo, Senate Print 2724, 10 Concurrent Resolution -- 11 SENATOR DUANE: Lay it aside, 12 please. 13 ACTING PRESIDENT WINNER: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 1682, substituted earlier today by Member of 17 the Assembly Koon, Assembly Print Number 6906, 18 an act to amend the Economic Development Law 19 and others, in relation to providing. 20 ACTING PRESIDENT WINNER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act -- 24 SENATOR DUANE: Lay it aside, 25 please.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 1683, by Senator Young, Senate Print 3776A, an 5 act to amend the Environmental Conservation 6 Law, in relation to allowing. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1683 are 16 Senators Duane, Perkins and Serrano. 17 Ayes, 56. Nays, 3. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1684, by Senator Trunzo, Senate Print 4174, an 22 act to amend the General Municipal Law -- 23 SENATOR DUANE: Lay it aside, 24 please. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 1685, by Senator Leibell, Senate Print 4218A, 4 an act to amend the Executive Law, in relation 5 to state contract preference. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1686, by Senator Fuschillo, Senate Print 18 4304C, an act to amend the Executive Law, in 19 relation to creating. 20 ACTING PRESIDENT WINNER: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first of January 24 next succeeding. 25 ACTING PRESIDENT WINNER: 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 WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1687, by Senator Padavan, Senate Print 4639C, 8 an act to amend the Tax Law, in relation to 9 the exemption. 10 ACTING PRESIDENT WINNER: A local 11 fiscal impact note is at the desk. 12 Read the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect August 1, 2008. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1688, by Senator Saland, Senate Print 5042, an 23 act to amend the General Obligations Law, in 24 relation to modifications. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1689, substituted earlier today by Member of 12 the Assembly Lupardo, Assembly Print Number 13 2005C, an act to amend the Energy Law, in 14 relation to enacting. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 180th day. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1691, by Senator Trunzo, Senate Print 6691, an 2 act to direct the adoption of certain 3 criteria. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1692, by Senator O. Johnson, Senate Print 16 6728A, an act to amend Chapter -- 17 SENATOR DUANE: Lay it aside, 18 please. 19 ACTING PRESIDENT WINNER: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 1693, by Senator Fuschillo, Senate Print 23 6785A, an act to authorize the Redeemed 24 Christian Church of God to file. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1693 are 9 Senators Bonacic, Larkin and Rath. 10 Ayes, 57. Nays, 3. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1694, by Senator Lanza, Senate Print 6792A, an 15 act to amend the Tax Law, in relation to 16 authorizing. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1695, by Senator Leibell -- 4 SENATOR SKELOS: Lay it aside for 5 the day, please. 6 ACTING PRESIDENT WINNER: Lay it 7 aside for the day. 8 THE SECRETARY: Calendar Number 9 1696, by Senator Maltese, Senate Print 7139A, 10 an act to amend the Executive Law, in relation 11 to display and use of the flag. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1697, by Senator Rath -- 24 SENATOR SKELOS: Lay it aside for 25 the day, please.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 1698, substituted earlier today by Member of 5 the Assembly Gottfried, Assembly Print Number 6 10671, an act to amend Chapter 33 of the Laws 7 of 1998, amending the Social Services Law. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1699, by Senator Marcellino, Senate Print 20 8173A, an act to amend the Tax Law, in 21 relation to allowing. 22 ACTING PRESIDENT WINNER: 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 WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1700, substituted earlier today by Member of 9 the Assembly Hoyt, Assembly Print Number 10 11156, an act to amend the Town Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 6. This 14 act shall take effect on the first of January. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1701, by Senator Bruno, Senate Print 8237, an 23 act to legalize, validate, ratify and confirm 24 certain actions taken by the Town of Schodack. 25 ACTING PRESIDENT WINNER: A

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(518) 371-8910 1 home-rule message is at the desk. 2 Read the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect immediately. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1702, by Senator Little, Senate Print 8310, an 13 act to adjust certain state aid payments. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1703, by the Senate Committee on Rules, Senate

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(518) 371-8910 1 Print Number 8363, an act in relation to 2 adjusting certain state aid payments. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1704, by Senator Robach, Senate Print 8374, an 15 act to amend the Workers' Compensation Law, in 16 relation to eliminating. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1706, by Senator Seward -- 4 SENATOR SKELOS: Lay it aside for 5 the day, please. 6 ACTING PRESIDENT WINNER: Lay it 7 aside for the day. 8 THE SECRETARY: Calendar Number 9 1707, by Senator Gonzalez, Senate Print Number 10 8387, an act to amend the Domestic Relations 11 Law, in relation to authorizing. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 Senator Skelos, that completes the 23 reading of the noncontroversial calendar. 24 SENATOR SKELOS: Thank you, 25 Mr. President.

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(518) 371-8910 1 If you could have the bells rung at 2 this time, let the members know that we're 3 going to the controversial calendar. 4 And it would help if the members 5 are in their seats as we move through so that 6 we can finish the day expeditiously. 7 ACTING PRESIDENT WINNER: The 8 Secretary will ring the bell. 9 And if the members would be kind 10 enough to be in their seats so that we can 11 move through the controversial calendar. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we could go to the controversial reading of 15 the calendar at this time. 16 ACTING PRESIDENT WINNER: Order 17 in the chamber, please. 18 We will now move to the reading of 19 the controversial calendar. The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 1299, by Senator Skelos, Senate Print 2375, an 23 act to amend the Executive Law. 24 ACTING PRESIDENT WINNER: Senator 25 Schneiderman.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Thank you, 2 Mr. President. 3 I am here joined in opposition to 4 this bill by Mr. Sheen, because this seeks to 5 expand the DNA database. And as anyone who 6 has worked in a law enforcement movie or TV 7 show knows, the DNA database currently is 8 backlogged, we've had tremendous problems with 9 it. 10 And any bill that expands, as this 11 bill does -- and it's a substantial expansion 12 of the DNA database. It would include people 13 for two violations. It's much broader than 14 anything that has been proposed or really 15 seriously considered thus far. 16 Anything that -- any bill that 17 expands the database but does not deal with 18 the fundamental issue of mandating that we get 19 rid of rogue DNA databases, mandating that we 20 have requirements for the preservation, 21 cataloging and maintenance of DNA, is not 22 going to solve any of our problems. In fact, 23 it's going to create more problems. 24 We now have a relatively chaotic 25 system in which we know innocent people are

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(518) 371-8910 1 going to jail and doing time because we don't 2 have a functional system of DNA management, 3 cataloging and indexing in our state. 4 So I'm going to support this bill 5 as a very, very small part of an overall 6 remedy. And I would urge that the other 7 matters that were under discussion when we 8 debated Senator DeFrancisco's bill two days 9 ago also apply. 10 But this is a very, very narrow 11 part of a very big problem, and we are not 12 going to pass a bill ever that will become a 13 law that expands the DNA database if it 14 doesn't deal with these other fundamental 15 issues. 16 Our goal should not just be to show 17 the public that we're spending a lot of money 18 to collect a lot of DNA samples so we look 19 tough on crime when we're not actually putting 20 the mechanisms in place to ensure that every 21 defendant has access to DNA so we can compare 22 crime scene evidence to their DNA, that rogue 23 databases are eliminated, and that we know 24 where the DNA is and can access it. 25 Once again, I call your attention

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(518) 371-8910 1 to the case of Al Newton, who for 11 years 2 requested a match of his DNA to the DNA found 3 at a crime scene and was told that that DNA 4 had been lost. It had not been lost. 5 But until we put the money up and 6 invest in a system of cataloging and unifying 7 our DNA database, this kind of a bill will 8 never become law. And if it became law, it 9 wouldn't do us any good. 10 So I'm going to support the bill, 11 Mr. President, but with the understanding that 12 it's really just a very small part of a very 13 big problem. 14 Thank you. 15 ACTING PRESIDENT WINNER: Any 16 other Senator wishing to be heard? 17 The debate is closed. The 18 Secretary will ring the bell. 19 May we please have some order in 20 the chamber, please. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT WINNER: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT WINNER: Senator 3 Skelos, to explain his vote. 4 SENATOR SKELOS: Just to explain 5 my vote -- 6 ACTING PRESIDENT WINNER: Excuse 7 me, Senator Skelos. 8 May we have some order in the 9 chamber, please. 10 SENATOR SKELOS: Currently there 11 are approximately 17 misdemeanor crimes that 12 require a person convicted of a crime to 13 submit their DNA. 14 This expands the list to cover all 15 misdemeanors. The reason for this is 16 experience has clearly shown that many 17 perpetrators convicted of lower or mid-level 18 crimes have committed or will subsequently 19 commit more serious and violent crimes. 20 ACTING PRESIDENT WINNER: Senator 21 Skelos, will you suffer an interruption. 22 SENATOR SKELOS: What's important 23 is that we have discovered, Mr. President, 24 that by expanding those who are required to 25 split their DNA to the DNA database, it helps

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(518) 371-8910 1 law enforcement convict those who should be 2 rightfully convicted, but also expanding the 3 DNA database has led to the acquittal of those 4 who are indeed not guilty. 5 So I strongly support this 6 legislation and urge my colleagues to do so. 7 ACTING PRESIDENT WINNER: Senator 8 Skelos will be recorded in the affirmative. 9 Any other Senators wishing to be 10 heard? 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1299 are 14 Senators Connor, Dilan, Duane, 15 Hassell-Thompson, Montgomery, Parker, Perkins, 16 and Sampson. Also Senator Serrano. 17 Ayes, 51. Nays, 9. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1471, by Senator Seward, Senate Print 7111, an 22 act to amend the Insurance Law, in relation to 23 service contracts. 24 SENATOR DUANE: Explanation, 25 please.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: An 2 explanation has been asked for, Senator 3 Seward. 4 SENATOR SEWARD: Certainly, 5 Mr. President. 6 This legislation would expand the 7 definition of a service contract -- 8 ACTING PRESIDENT WINNER: Senator 9 Seward, excuse me. Would you suffer an 10 interruption? 11 SENATOR SEWARD: Certainly. 12 ACTING PRESIDENT WINNER: My 13 colleagues, we need to have some order in the 14 chamber. I can barely hear Senator Seward up 15 here. 16 We're never going to get this 17 business done if we don't have some order and 18 members remain in the chamber in order to be 19 able to vote and move this along. So please 20 keep the conversations down to a minimum, and 21 no unnecessary walking around, and we can get 22 through this business. 23 Senator Seward. 24 SENATOR SEWARD: Thank you, 25 Mr. President.

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(518) 371-8910 1 This legislation would expand the 2 definition of a service contract to include 3 contracts providing windshield-repair services 4 which do not involve actual replacement of the 5 windshield or providing for the repair of 6 dents for motor vehicles using paintless 7 dent-repair techniques. 8 As you know, Mr. President and my 9 colleagues, very often when consumers purchase 10 a vehicle they also purchase a service 11 contract to cover the maintenance of the 12 vehicle to help avoid any unanticipated 13 expenses. And this legislation is necessary 14 to clearly state in the statutes that these 15 types of repairs being included in service 16 contracts do not constitute insurance. 17 ACTING PRESIDENT WINNER: Thank 18 you, Senator Seward. 19 Senator Duane. 20 SENATOR DUANE: Thank you, 21 Mr. President. If the sponsor would yield. 22 ACTING PRESIDENT WINNER: Senator 23 Seward, do you yield to a question from 24 Senator Duane? 25 SENATOR SEWARD: Yes.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. Through you. 3 I'm just wondering if in state law 4 if there is any definition for "ding." 5 SENATOR SEWARD: I am not aware 6 that there is such a definition in statute. 7 However, I would point out that the 8 legislation clearly states that if there is 9 any painting that actually has to occur as 10 part of the repair of the ding that may be on 11 the vehicle, then, of course, that's a whole 12 different matter. This only involves when 13 there's no painting or actual replacement of a 14 part. 15 SENATOR DUANE: Thank you. 16 Mr. President, on the bill. 17 ACTING PRESIDENT WINNER: Senator 18 Seward, thank you. 19 Senator Duane, on the bill. 20 SENATOR DUANE: I am just going 21 to make a tremendous leap of faith and assume 22 that you'll know a ding when you see a ding, 23 and I will be voting in the affirmative on 24 this bill. 25 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Thank 2 you for your observation. Senator Duane will 3 be recorded in the affirmative. 4 Any other Senator wishing to be 5 heard? 6 Debate is closed. The Secretary 7 will ring the bell. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1589, by Senator Morahan, Senate Print 4013A, 19 an act relating to authorizing and directing 20 the Commissioner of General Services. 21 SENATOR CONNOR: Explanation. 22 ACTING PRESIDENT WINNER: An 23 explanation has been asked for. 24 Senator Morahan. 25 SENATOR MORAHAN: Yes,

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(518) 371-8910 1 Mr. President. 2 This bill really authorizes the 3 Commissioner of General Services to erect a 4 monument in the Empire State Plaza or the 5 Capitol Park dedicated to those New York 6 residents who served in the armed forces 7 during the Persian Gulf War, including those 8 who served in the theater operations in Iraq 9 and Afghanistan. And it's an appropriation of 10 $500,000. 11 ACTING PRESIDENT WINNER: Senator 12 Connor. 13 SENATOR CONNOR: Thank you, 14 Mr. President. 15 I believe there's an amendment at 16 the desk. I ask that the reading of the 17 amendment be waived, and I ask to be heard on 18 the amendment. 19 ACTING PRESIDENT WINNER: The 20 reading is waived and, Senator, you may be 21 heard on the amendment. 22 SENATOR CONNOR: Thank you, 23 Mr. President. 24 As Senator Morahan explained, this 25 bill would authorize the expenditure of

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(518) 371-8910 1 $500,000 to erect a memorial, and it covers 2 the Persian Gulf War, which I believe we 3 define elsewhere in state law as that war in 4 1991 to push the Iraqis out of Kuwait, and it 5 also has an addendum and says, oh, and those 6 serving in Iraq and Afghanistan, which we know 7 that's in the present day. 8 With respect to that 1991 war, the 9 then President Bush Sr. had the good sense to 10 stop and not to try and rebuild Iraq. He was 11 criticized for it at the time in some circles, 12 but the fact is I think the occurrences in 13 these past years in Iraq have shown the wisdom 14 of it. 15 And I would have no objection to a 16 memorial to that war. I believe U.S. 17 casualties were 97 people, something like 18 that. Maybe a hundred. 19 But I really have a concern with a 20 memorial to the present military actions in 21 Afghanistan and Iraq. I can't recall -- and 22 not that I've been around forever -- us ever 23 doing that. Now, I don't propose we wait, as 24 we did for those Korean War veterans, I don't 25 propose we wait until many years later.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Can we 2 have some order in the chamber so that all the 3 members can hear the remarks of Senator 4 Connor. 5 Thank you, Senator Connor. 6 SENATOR CONNOR: Thank you, 7 Mr. President. 8 As I was saying, I certainly think 9 it would be appropriate to have a memorial to 10 those who served in 1991 in that action. That 11 war has since passed. 12 I really question the wisdom of 13 building a memorial to a war that's still 14 ongoing, the outcome of which we cannot be 15 certain of, and a war which I think never 16 should have been fought. We never should have 17 invaded Iraq. It was done on false premises, 18 false claims of intelligence reports. The 19 Congress was misled into it. And we've 20 suffered the loss of thousands of young men 21 and women who bravely serve our country. And 22 certainly someday they should have a memorial, 23 but not now. Not till the war is over. 24 With respect to Afghanistan, it's 25 the war we should have fought, we should have

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(518) 371-8910 1 won, we should have stuck with it. We should 2 have captured Osama bin Laden; he attacked our 3 state and nation. And the effort was diverted 4 to Iraq, and he's still wherever with his 5 devious plots, and the Taliban seem to come 6 out and resurge constantly in Afghanistan. 7 I object to spending this state 8 money on this memorial while the war is 9 ongoing. My amendment would take that same 10 amount of money and put it into a scholarship 11 fund for the children of the men and women who 12 serve in these wars. And I think that's what 13 we ought to be doing while the war is ongoing, 14 taking care of the people who served and their 15 children and families. 16 We should be taking care -- and I 17 know many of my colleagues here have sponsored 18 bills. We should eliminate those anomalies. 19 Why are all our brave National Guard troops 20 over there and get wounded and come back, why 21 do they get 30 days medical care when an 22 active duty or Army Reservist comes back and 23 they're taken care of as long as needed? 24 We're not treating the people who 25 are serving there fairly. We're not treating

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(518) 371-8910 1 them the way we should. They didn't make the 2 bad political decision to go to this war. 3 They're serving their country honorably, 4 bravely, and with great self-sacrifice. 5 And our first obligation while this 6 war is going on is to take care of them and 7 their children, and not to build a stone 8 monument to a war that hasn't ended yet. 9 There's time for that later. There's time for 10 that later when and if this war ever 11 concludes. Someone, and I don't want to say 12 who, talked about it going only for a hundred 13 years. God forbid it goes on for a hundred 14 days more. 15 So I urge everyone to support my 16 amendment. Let's take care of the children of 17 those New Yorkers who serve there before we 18 worry about standing out there on the mall and 19 cutting a ribbon like a burning of big shots 20 with a memorial behind us. 21 Mr. President, I urge my amendment 22 be adopted. 23 ACTING PRESIDENT WINNER: Senator 24 Schneiderman. 25 SENATOR SCHNEIDERMAN: Thank you,

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(518) 371-8910 1 Mr. President. 2 I rise to strongly support Senator 3 Connor's amendment. I realize that this 4 legislation is well intended, and I mean no 5 disrespect for any of the sponsors, but 6 there's something wrong, in a time of fiscal 7 crisis in this state -- when we know we are 8 not providing the aid to the returning 9 veterans from the Iraq and Afghanistan 10 conflicts, when we know that we're not taking 11 care of the children of those who have made 12 the ultimate sacrifice for a war that probably 13 will never produce any of the benefits that 14 were proffered when we were lured into it -- 15 there's something wrong in this state when 16 we're not taking care of the people who need 17 our care because of this war and yet we're 18 going to spend millions of dollars on a 19 monument. I think we should wait for any 20 monuments. 21 It sends a very bad message. I am 22 reminded of proposals to present fountains in 23 poor communities where there were riots and 24 there were problems with -- this is back in 25 the 1960s and '70s -- riots, homelessness,

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(518) 371-8910 1 problems with lack of jobs, and there were 2 proposals for fountains and for parks. 3 Those are not bad things to do, 4 Mr. President. But we are in a time when 5 New York's veterans are not getting the care 6 they need, when the children of people who are 7 dying in this war are not getting the care 8 they need. We do not need to spend our scarce 9 state dollars on a monument, we need to spend 10 our dollars taking care of people who deserve 11 that care. 12 I think Senator Connor is 13 absolutely right on. I do not think we should 14 be spending state money on a monument when 15 we're not meeting the needs of the people who 16 really deserve the help and are really bearing 17 the burden. This is a war that would not be 18 fought if we had a draft. If the children of 19 the rich were fighting this war, it never 20 would have started. 21 So let's be clear about this. In 22 my district we have a lot of people who are 23 going to this war, a lot of Dominican- 24 Americans. We have people who aren't even 25 citizens who are fighting this war. They all

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(518) 371-8910 1 come home with needs, whether it's because 2 they're wounded, because they're injured, 3 because they have posttraumatic stress 4 disorder, because they can't find a job when 5 they come home. 6 Let's deal with that and, as 7 Senator Connor has proposed, let's deal with 8 the children of those who make the ultimate 9 sacrifice. I think everyone in this chamber 10 should support this amendment. 11 ACTING PRESIDENT WINNER: Senator 12 Diaz. 13 SENATOR DIAZ: Thank you, 14 Mr. President. 15 You know, we are living in a 16 time -- and nobody, nobody, no one, I believe, 17 wants war. Everyone wants war to end. We 18 don't want war. Nobody wants to see their 19 children being killed or killing people. 20 Nobody wants that. 21 However, however, however, however, 22 when Senator Connor says that we are -- that 23 this bill will build a monument to the war in 24 Iraq, the bill doesn't say that. With all due 25 respect to Senator Connor, who I do respect

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(518) 371-8910 1 and admire a lot, the bill doesn't say they're 2 going to build a monument to the war. The 3 bill is saying that we'll build a monument to 4 those young soldiers that have died there. 5 How will you tell a mother, a 6 parent of one of those young soldiers that 7 have died there that we should not spend half 8 a million dollars to build a monument 9 remembering them so they could come once in a 10 time to the monument to remember their fallen 11 one? I mean, that's an outrage what I'm 12 hearing here. 13 I don't want war. I want the war 14 to end. I want the war to end. My 15 granddaughter, 18 years old, she volunteered 16 in the Marines, and she's out there. And you 17 are going to tell me now that no, we should 18 not build a monument to remember the fallen 19 ones, those heroes and then we come here 20 and -- when they are there like that, we call 21 them our heroes and heroines. Look at our 22 heroes. And we're going to say no, oh, no, 23 that's too much money because we have other 24 things to do? We should not build a monument 25 to remember the fallen ones, those young girls

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(518) 371-8910 1 and young boys that have given their lives to 2 protect us? 3 Yes, the war should end. Yes, we 4 should get doing away with that. Yes, nobody 5 wants a war. But to come here and say, oh, we 6 got to do other things -- yes, we have to take 7 care of veterans. I'm a veteran. Yes, I need 8 more benefits as a veteran. Yes, we do. Yes, 9 we need to take care of our students. Yes, we 10 need to take care of all the needs that we 11 have. 12 But to stand here in this chamber 13 and say, oh, we should not spend half a 14 million dollars to build a monument to those 15 heroes that lost their lives there, shame on 16 you guys. I'm voting yes on that bill. 17 SENATOR CONNOR: Mr. President. 18 ACTING PRESIDENT WINNER: Senator 19 Hassell-Thompson is next. 20 SENATOR HASSELL-THOMPSON: Thank 21 you, Mr. President. 22 While I believe that all of us have 23 a right to our opinions, I also think that the 24 merit to what Senator Connor has asked us to 25 do and to consider ought to be given greater

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(518) 371-8910 1 consideration. 2 If you were to ask any of the 3 veterans what they would want to have, it 4 certainly would not be to have a monument. A 5 living monument is much more effective, much 6 more true, a true accounting of what you 7 believe their sacrifice is worth. Their 8 sacrifice is to give a better life to their 9 children, to continue to create freedom for 10 their children in this society. 11 And if those children have to 12 struggle because the benefits that we give to 13 families are denied them because we chose to 14 do a posturing before a monument, then we miss 15 the point. 16 The point here is that we ask 17 sacrifices of our children, our youth, our 18 future. And they ask us, take care of our 19 families. Right now the benefits to the women 20 who stay behind, the ability to have benefits 21 for their children, health benefits for their 22 children -- we have not sat down and done that 23 plan. 24 And we have a war that's going on 25 and will continue to make more and more

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(518) 371-8910 1 children orphans because of that war. And 2 while I think that monuments certainly have 3 their place, I think that what people respect 4 is the care that we give to their children and 5 to those loved ones that leave behind. 6 So when we talk about where our 7 money should go, we should be talking about 8 what is more meaningful to them and not how a 9 moment in the sun means to us as legislators 10 here in this legislative tent. 11 Thank you, Mr. President. I just 12 chose not to get emotional about this, but I 13 do. I feel that our young men and women give 14 so much. And for us to think that a monument 15 will substitute for what they give and what 16 they ask their families to sacrifice misses 17 the mark. 18 ACTING PRESIDENT WINNER: Senator 19 Morahan. 20 SENATOR MORAHAN: Thank you, 21 Mr. President. 22 I fully understand the concern 23 about the offspring, the survivors of those 24 who have served honorably in the military and 25 sacrificed their lives or given up a portion

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(518) 371-8910 1 of their life for their country. But I 2 believe when we talk benefits for survivors, 3 education for survivors, we talk a different 4 bill. This is a monument bill with $500,000. 5 By the way, the Iraq and 6 Afghanistan measure was put in the bill at the 7 of bill at the request of the Assembly. They 8 would not pass the bill when it was just the 9 monument and it didn't include Iraq and Iran. 10 So we accommodated the Assembly. 11 But as to this amendment, what 12 we're saying is because the war is not over or 13 it's because the war should never have been 14 fought, we don't recognize the sacrifice of 15 the veterans, those who did not make the 16 decision to go there other than they were 17 volunteers in the service. 18 But are we to say the monument -- 19 we don't know the outcome, that we will only 20 recognize the service of those who win the 21 war, and if we lose the war we don't recognize 22 those who served? Is that what we're saying 23 here with this amendment? That's how I read 24 the amendment's desire, or certainly in the 25 comments of the sponsor of the amendment.

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(518) 371-8910 1 I believe we ought to put up this 2 monument in recognition of those who have 3 served in the Persian Gulf and those who 4 continue to serve, those New Yorkers who went 5 as volunteers at the request of their country. 6 You can argue that request all you want. But 7 these young men and women deserve our 8 recognition. 9 And if we want to do something 10 beyond this, if we want to do something more 11 meaningful -- education benefits, survivor 12 benefits, which we have in place now to some 13 degree -- then fine, let's entertain a 14 separate stand-alone bill that's adequately 15 funded to do that. 16 But it's hard for me to understand 17 how people can say I'm against the war, but I 18 support the troops, but I won't give them a 19 monument. I find that insulting. 20 Thank you, Mr. President. 21 ACTING PRESIDENT WINNER: Senator 22 Leibell. 23 SENATOR LEIBELL: Thank you, 24 Mr. President. 25 It's appropriate, I guess, that

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(518) 371-8910 1 while we are having this discussion today we 2 should acknowledge that in the balcony there 3 are women veterans from all over New York 4 State who are watching us have this discussion 5 and dialogue. It's especially appropriate 6 because there are hundreds of thousands of 7 young Americans who are now deployed, 8 guaranteeing us the right to have this debate 9 today. 10 I'd like to comment on some of the 11 comments that I've heard made. The idea that 12 we should not have a monument until something 13 has concluded goes against, actually, our 14 history in this country. President Lincoln 15 went and dedicated the Gettysburg battleground 16 and cemetery while the outcome of that 17 conflict was not determined yet. 18 Senator Schneiderman made some 19 comments, if I may, that I think reflects 20 inaccurately on the nature of our military. 21 We are a volunteer force -- nobody is made to 22 go there -- but they are not poor. Some of 23 them are. Some of them are from wealthy 24 families. It may shock some people to know 25 that our military reflects the makeup of the

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(518) 371-8910 1 American population, with one exception. They 2 are better educated than the average American, 3 statistically. 4 There is no question that we have a 5 need, a continuing need, to address the 6 benefits that our veterans get, their families 7 and those who survive them. That is a 8 continuing dialogue that has gone on 9 throughout the history of this country. 10 And if anybody wishes to take the 11 time, you can go back and research the debates 12 that occurred after the American Civil War, 13 the greatest loss of American lives in 14 military action up until the current day. 15 That was a discussion that continued. In 16 fact, up until the early 1900s, the largest 17 part of the United States budget was dedicated 18 to making compensation to war widows and their 19 orphans. 20 It is a continuing challenge. It 21 is one that we will face in this state, other 22 states will face, and primarily the federal 23 government will face. But that should not 24 diminish in any way the recognition that we 25 give to monuments.

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(518) 371-8910 1 And that's how we in our culture, 2 one way we recognize those who have served, 3 those who have suffered, and those who have 4 lost their lives. If it was otherwise, we 5 would have no monuments. We would have no 6 great national cemeteries. There would be no 7 Arlington. 8 I'm opposed to this amendment, 9 Mr. President. 10 ACTING PRESIDENT WINNER: Senator 11 Connor. 12 SENATOR CONNOR: Thank you, 13 Mr. President. 14 I think a little careful 15 listening -- I did not say we should not have 16 a monument. I said we should not, as a matter 17 of priority, do the monument at this time. We 18 can wait for that. The most urgent need is to 19 take care of veterans, those who have served 20 and who serve and their families. 21 You know, we talk about the 22 "greatest generation." You know, for me, my 23 parents' generation. They not only saved this 24 country and democracy, they saved the world in 25 World War II. And look at how long it took

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(518) 371-8910 1 before the federal government had a World War 2 II monument on the mall. 3 Because the federal government gave 4 them the greatest tribute to their service, 5 the greatest living monument you could 6 imagine, in the GI Bill. It allowed those 7 veterans to buy houses and become homeowners. 8 It allowed millions to go to college and get 9 an education and improve their lives and their 10 families' lives. It literally changed America 11 by producing this well-educated corps of 12 returned veterans. 13 I read in the paper that both 14 houses of Congress have passed a new GI Bill 15 just like the other one: Four years of 16 college when you get back from your service. 17 And our president, who started this war on 18 false information and lies, is threatening to 19 veto it because it costs too much. 20 Well, how much did that war cost in 21 treasure and in blood that he started? Why 22 not take care of those veterans? Why not give 23 them four years of college? They certainly 24 sacrificed as much as my parents' generation 25 did in that great World War II, and they

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(518) 371-8910 1 deserve it. 2 And the point I'm making with this 3 amendment is before we build the marble 4 monuments, let's build the monuments of the 5 soul. Let's take care of the families. 6 Let's -- you know, I understand someone who 7 served or who had a loss, it means something 8 to have a monument. And they will have their 9 monument. But it means a lot more to be able 10 to pay the bills, educate the kids, get on 11 with your life and get proper medical care. 12 Senator Morahan, I have no doubt of 13 his sincerity and concern here. He has a bill 14 that ought to be on this floor now because it 15 deals with the present need now, and that's 16 the posttraumatic stress disorder bill I 17 believe Senator Morahan has. 18 Because the returning Reservists 19 and National Guardspeople do not get, unlike 20 regular service personnel, do not get the same 21 benefits to treat that disorder, which we know 22 a large percentage of those who have 23 experienced combat suffer from. No, they come 24 back, their 30 days are up. If they have an 25 employer with health insurance, most plans are

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(518) 371-8910 1 going to give them, you know, eight visits. 2 That's a need. That's a need 3 Senator Morahan has addressed in his bill. I 4 call on the Majority, bring that out. 5 The point of this amendment is 6 let's take care of today's business, the most 7 urgent needs. We can build the well-deserved 8 monument to the sacrifice at a later time. 9 Right now we should be taking care of those 10 men and women who serve us so bravely in such 11 a self-sacrificing way. And that's the point 12 of my amendment, let's take care of first 13 things first. 14 Let's bring Senator Morahan's 15 posttraumatic stress disorder bill to the 16 floor and pass it certainly in the next few 17 days. 18 Thank you, Mr. President. 19 ACTING PRESIDENT WINNER: Senator 20 Padavan. 21 SENATOR PADAVAN: Thank you, 22 Mr. President. 23 If someone were listening to the 24 debate, they would be under the misconception 25 that we have not been addressing the needs of

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(518) 371-8910 1 our returning military personnel, either those 2 who were in the National Guard and the 3 Reserves returning home to New York State. We 4 have. 5 There have been a number of bills 6 passed in this house dealing with credit, 7 dealing with civil service benefits, dealing 8 with their opportunities for educational 9 enhancements. And if we look up the index, 10 I'm sure you will pick out some others even 11 that I may have forgotten that passed this 12 house. 13 So it isn't that we have not been 14 attentive to the needs of those young men and 15 women as they return home to New York State, 16 at least not in this chamber. 17 For 30 years I served in the active 18 and reserves, and prior to retiring in 1984, 19 the unit that I served in for 14 years and 20 commanded for a period of time was activated 21 in the first Gulf War. Headquartered in Fort 22 Tilden and then later Floyd Bennett Field, and 23 they went off to Iraq. And of course when 24 they came back, being in touch with many of 25 them, many of them have worked for me, I had

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(518) 371-8910 1 certainly a different perspective of what they 2 did and how they did it. 3 That same unit, the 411 Engineer 4 Brigade, was activated a year and a half ago 5 to go back to Iraq. Now, these are all 6 volunteers, citizen soldiers here in New York 7 State, with units that go from Watertown, a 8 battalion up there, all the way down to 9 Brooklyn and Long Island. About 5,000 men and 10 women in toto. They all went. And now 11 they're all coming back. Not quite all. 12 Now, when I talk to them, I get a 13 different perspective than when I pick up the 14 newspaper and read various commentaries and 15 editorials about what we're doing and why 16 we're doing it. But I don't want to debate 17 that. To use this monument issue as a vehicle 18 to discuss this conflict I think to some 19 degree is inappropriate. 20 But the point I would like to make 21 is for those 5,000 men and women who served in 22 the Gulf War and served more recently in the 23 current conflict, they would like to have a 24 monument, something that draws attention to 25 their service in this state in this place.

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(518) 371-8910 1 And so therefore I think Senator Morahan's 2 proposal makes a great deal of sense. 3 I've been at Fort Totten, where we 4 have units leaving. We have ceremonies when 5 they depart and ceremonies when they return. 6 Similarly at an armory in Whitestone. So I've 7 seen these young men and women going, and I've 8 talked to them when they came back. And I 9 know that they would, and their families -- 10 and those who did not return and their 11 families -- would welcome the fact that we in 12 this state acknowledge their service, said 13 thank you in some small way by putting a 14 monument across a street near the Korean War 15 Monument and the other monuments that we have. 16 Thank you, Mr. President. 17 ACTING PRESIDENT WINNER: Senator 18 Larkin. 19 SENATOR LARKIN: Thank you, 20 Mr. President. 21 You know, I listened today with 22 mixed emotions. First of all, I want to thank 23 my colleague Tom Morahan for putting this bill 24 in. When Tom Morahan put it in, some of the 25 veterans in any area said "Super idea." I

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(518) 371-8910 1 have as many as anybody else served in Iraq, 2 served in Afghanistan, served in Kuwait in 3 Iraq I. 4 I don't know how many people in 5 this chamber have been in combat. But I want 6 to tell you something. From those who have, 7 we think this is the right thing to do. 8 You want to put a bill in about 9 doing something else, like a Montgomery bill, 10 I'll be there to help you. But I've asked, 11 over groups coming home -- there will be 12 another 80 coming home next Saturday. But the 13 last two groups that come home, I asked them: 14 "What do you think?" They said, "You know, 15 maybe the people will get it that we're all 16 volunteers." 17 Three months ago the MNF Commander, 18 General Petraeus, swore in 4600 troops for a 19 reenlistment of four to six years. As Senator 20 Leibell said it, Senator Padavan, Senator 21 Morahan, these are volunteers. Senator 22 Schneiderman talked about a draft. I think a 23 volunteer service is the best thing in the 24 world. 25 You may not agree with it, but

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(518) 371-8910 1 you've never been there. I don't know anybody 2 in this room that's ever sat down at a table 3 and wrote home to a mother: "I regret to 4 inform you that your son was killed in combat 5 today." I have. It's a sad case. It will 6 make you cry. When you're 24 and the man that 7 just got killed was 19. And I stand here 8 today as an 80-year-old thinking it could be 9 mine. 10 But why not honor these people? 11 Why not? They've been there. You haven't. 12 But I tell you, I see people going 13 to Washington Monument, going to the Korean 14 Monument that was built in Beacon, New York, 15 and they got pictures and how great it is and 16 all that. Never heard a shot fired in anger, 17 in combat. Never went to combat. Never went 18 to service. But they want to go there and 19 say, "Oh, I've been to the monument, Tommy. 20 Didn't you like it?" 21 What you're saying, Senator Connor, 22 is a good point. We should do more. But why 23 take away from those individuals who served, 24 for those individuals who gave their life or 25 parts of their life?

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(518) 371-8910 1 We had a bill last year to take 2 care of those individuals who went overseas 3 and their mortgage was out of whack -- as a 4 matter of fact, there was one from Staten 5 Island. You even helped us, remember, Diane? 6 The cavalry unit. The mother was there, their 7 mortgage was done, two kids were in college. 8 We tried to do what 22 other states 9 did. And last year the Governor vetoed it. 10 Couldn't afford it. Twenty-two other states 11 have done it. That would have helped us. It 12 passed this chamber, bipartisan. It was a 13 good bill. 14 But don't mix apples and oranges. 15 This bill says one thing: We want to pay 16 respect and homage to those individuals who 17 served. 18 When you talk about service, let's 19 think about it. We've got troops in Korea, on 20 the 38th. We have skirmishes. We don't 21 report the casualties. But they've been there 22 since September 2, 1945. We've had troops in 23 France since '44, Germany '44, Japan '45. So, 24 you know, we've got troops all over the world. 25 But don't let us sit in this

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(518) 371-8910 1 chamber as almighty god and king and say we're 2 not going to do this because of this. I think 3 we make a big, big mistake. I think that 4 Senator Morahan had the right idea. He made a 5 very fine choice. He didn't say we'll do this 6 or we'll do this. There was no decision in 7 his -- if you read the bill and memo, there 8 was nothing to say we're going to take this 9 and we're not give it to somebody else. It 10 specifically talks about creating something to 11 pay respect to those who served. 12 I want to tell you something. You 13 serve one day in combat, you'd be out there 14 with a trowel putting the concrete together. 15 I salute you, Tom, for your 16 commitment to our veterans. Thank you and God 17 bless you. 18 ACTING PRESIDENT WINNER: Senator 19 Nozzolio. 20 SENATOR NOZZOLIO: Mr. President, 21 on the legislation, on the bill, the 22 amendment. 23 It is an honor for me to follow, in 24 debating this measure, the words of one of the 25 finest Americans ever, Colonel Bill Larkin.

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(518) 371-8910 1 And when Senator Colonel Bill Larkin talks 2 about military matters, about protecting our 3 veterans, there's no stronger advocate, no 4 finer voice. 5 I rise as one who served in the 6 Naval Reserve, in the naval militia, but never 7 saw the horrors of combat and can only imagine 8 the anguish, the anxiety, the courage 9 exhibited by those who have. 10 This monument certainly recognizes 11 that courage and those contributions. But 12 monuments are not just for the dead, they are 13 as much for the living. 14 A few weeks ago, during the 15 Memorial Day week, I looked into the eyes of 16 second-graders and asked them what they 17 thought of when they were looking forward to 18 Memorial Day. And all of them said they 19 looked forward to it because some were going 20 camping, all of them were going to be off from 21 school. They looked at Memorial Day as a day 22 of play, of recreation. As do, unfortunately, 23 most Americans. 24 But it's the Memorial Days and the 25 monuments that teach our second-graders and

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(518) 371-8910 1 our high school students and the young and 2 not-so-young together that the price of 3 freedom is not free, that the sacrifices have 4 been exorbitant through our history to ensure 5 that we have the greatest standard of living, 6 the greatest continuous running democracy in 7 the history of the world, and that we are the 8 strength and source of freedom for millions of 9 people across the world. That's what 10 monuments tell us, and that's why monuments 11 play a role. 12 I join Senator Larkin. I think his 13 suggestion was perfect when he said that we 14 will join in support of veterans' issues. We 15 enacted a resolution earlier this year in this 16 Senate chamber calling on the Congress of the 17 United States to take the adequate steps 18 necessary to provide real healthcare benefits 19 for all our veterans. We led with that 20 request because that's where the policy lies. 21 I certainly agree with the tenets 22 of the support of our veterans. But frankly, 23 we have done as much as we can in this 24 state -- certainly would look to do more, but 25 those educational benefits, those healthcare

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(518) 371-8910 1 benefits, the things that Senator Connor 2 discussed, we believe they should be beefed 3 up. And that's why we stood in support of 4 that resolution. 5 Mr. President, that we believe 6 strongly that our veterans are owed much and 7 that we will continue to support them. We 8 have led the way. We have implored our 9 national Congressional delegation to support 10 us in this effort. And that that's why I rise 11 with my remarks today. 12 Thank you. 13 ACTING PRESIDENT WINNER: Senator 14 Sabini. 15 SENATOR SABINI: Thank you, 16 Mr. President. I rise in support of Senator 17 Connor's amendment. 18 You know, because of the policies 19 of the federal government, while this war is 20 fought on an international level, Congress has 21 refused to institute a draft and we now have 22 to send members of our National Guard among 23 the fighting force, under the command of our 24 Governor. 25 So Congress has said we want to

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(518) 371-8910 1 fight, but we're not going to introduce a 2 draft. Now, I served on the Selective Service 3 Board, which still exists, stands ready to 4 implement a draft at any moment under orders 5 from Congress. That board stands ready, but 6 there has been no call for a draft. 7 And the interesting thing is that 8 when we invaded Iraq and started this 9 conflict, there was no call for a draft. And 10 that's probably a good thing. 11 We're not against monuments. I'm 12 sure all of us would be united in supporting 13 them. I have an interesting monument in my 14 district -- that I helped put up when I was on 15 the City Council -- in Elmhurst. Elmhurst is 16 the most diverse community on the planet. Not 17 in New York State or New York City, but on the 18 planet. And in the Vietnam conflict, some of 19 which dates back four decades, nine servicemen 20 and women were lost from the community of 21 Elmhurst. At that time, three of them were 22 noncitizens, going back four decades. 23 And the reason I raise that is 24 this. Senator Schneiderman's right. We send 25 a force of all kinds of people. When we

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(518) 371-8910 1 invaded Iraq, oil was at $45 a barrel. We 2 know where it is today. We know the economic 3 times today. And we've seen press reports, or 4 at least I have, that say that recruiting 5 efforts for the military have been improved by 6 the fact that our economic times are so bad, 7 that people in the underclass feel that they 8 can get a jump on things by getting into the 9 armed forces. And yet it's an economic 10 climate we created by being in this war. 11 That's a little self-serving, it's 12 a little ironic, and it's frankly sad for our 13 state of affairs as a country. 14 And so the people who are going 15 into the military in areas like mine very 16 often are not citizens. People who some in 17 this room wouldn't give a driver's license to. 18 People who some in this room have voted to 19 take away the Tuition Assistance Program. But 20 they're good enough to shed their blood on 21 behalf of the United States of America. 22 So I don't think anyone here is 23 against monuments. But I think we as a state, 24 because we have been asked to step up with our 25 National Guard, it's incumbent for us to make

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(518) 371-8910 1 a statement. Senator Connor's amendment makes 2 that statement. And that is that, you know, 3 we'd like to see monuments, but we'd also like 4 to see our folks taken care of, those who have 5 been asked to commit to the service. 6 So I'm not against Senator 7 Morahan's idea for a monument, and we can take 8 that up as a separate piece of legislation. 9 But I think that Senator Connor, 10 who can't bring a bill to the floor without 11 the assistance of the Majority, by bringing up 12 this amendment allows New York State to make a 13 statement. And that is that the folks that go 14 to conflict on our behalf deserve the 15 healthcare, the education and, frankly, the 16 respect of the people of the State of 17 New York. That would be a statement that 18 would be heard around this country. 19 I'm going to vote aye on Senator 20 Connor's amendment. 21 ACTING PRESIDENT WINNER: Senator 22 Morahan. 23 SENATOR MORAHAN: Thank you, 24 Mr. President. 25 I want to thank my colleagues who

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(518) 371-8910 1 support the bill and challenge the amendment. 2 I've heard a lot here. And I think very 3 cleverly wove into this discussion of 4 recognizing our veterans are the merits of the 5 war itself. And I think that's a very 6 dangerous route to take when you're deciding 7 what to do to honor those who serve our 8 country, whether you like the war or not like 9 the war. 10 There would be no monument to the 11 Vietnam vets. In the '60s we tore this nation 12 apart. We lost our will and we didn't want to 13 continue that war. Now we have this other war 14 coming in, but we have veterans. 15 Now, we talked about benefits. 16 Somebody said 30 days. Any National Guard 17 New Yorker who has been activated into this 18 Iraq war has benefits for six years, free 19 healthcare from the VA for six years. Those 20 GIs from New York who are wounded have 21 lifetime benefits from the VA. And I guess 22 the next discussion would be how well the VA 23 does that. That's something else. 24 In this last budget we just passed 25 we appropriated $4.5 million for the education

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(518) 371-8910 1 purposes of those returning from Iraq and 2 Afghanistan, and who have served this nation, 3 for their college education. And I have no 4 problem with saying we should do more. That's 5 fine. 6 I wasn't a volunteer. I was 7 drafted during the Korean War. A lot of us 8 didn't volunteer. I don't know how those kids 9 do it. It's remarkable. 10 But as far as I'm concerned, we 11 have a bill on the floor that says we want to 12 erect a monument, we have appropriated the 13 money. I know Senator Hassell-Thompson, she 14 also put a bill in for a monument for the same 15 purpose for the same people, but there was no 16 appropriation. This has an appropriation. 17 This will get it done. 18 The Assembly has agreed to this 19 bill. It will get done. The Governor will 20 sign this bill, I assume. It will get done. 21 And if someone wants to do more -- 22 and I think we all want to do more for 23 survivors or whoever -- then let's discuss it, 24 let's get a bill, let's move it on the merits, 25 let's get the appropriation and then we'll

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(518) 371-8910 1 move it. 2 But I stand in opposition of this 3 particular amendment because it really takes 4 away the purpose of the basic bill, and it 5 really isn't connected. I think it should 6 stand alone. 7 It takes on a greater 8 responsibility for the state to do the health 9 benefits and whatever and an examination of 10 what's provided now by the federal people to 11 our National Guard folks coming home and to 12 our GIs. 13 Thank you, Mr. President. 14 ACTING PRESIDENT WINNER: Senator 15 Diaz. 16 SENATOR DIAZ: Thank you, 17 Mr. President. 18 Ladies and gentlemen, we should not 19 allow ourselves to be confused. People are 20 trying to confuse us. I heard somebody saying 21 that we should not substitute -- and that was 22 the word that was said -- we should not 23 substitute the health services and the care of 24 the veterans for a monument. We should not -- 25 that's what they said.

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(518) 371-8910 1 Somebody here said it, I was not 2 even going to mention the name: We should not 3 substitute the benefits for their families and 4 for the veterans for a monument. Who's saying 5 that? How are you -- are you trying to play 6 with our intelligence? 7 So those people that are watching, 8 those people that are listening, do not let 9 yourself get confused, because nobody is 10 talking about substituting the benefits. 11 Because in 1960, when I was 18 12 years old, I proudly joined the Army, 13 voluntary, in Puerto Rico. And I wore the 14 uniform proudly. But you know what happened? 15 1960, they sent me overseas. And then we find 16 out that we have those Jane Fondas of the 17 world, and those Hanoi Janes, that when I came 18 back in 1963 to Puerto Rico, instead of 19 feeling proud or being proud of the uniform, I 20 hide to get into my house. Because the Hanoi 21 Janes of the world made me feel shame. 22 And we -- I was not a captain, I 23 was not a general, I was not a sergeant, I was 24 not even a corporal. I was PFC Diaz, Private 25 First Class Diaz. And I was so proud of that

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(518) 371-8910 1 uniform and to go out there and fight for my 2 country. 3 But the Hanoi Janes of this world, 4 those people make us feel shame and put guilty 5 conscience on us. We were not the ones that 6 initiated the war. We were serving our 7 country. 8 And those young guys and women that 9 are serving now in Iraq or Iran or whatever it 10 is, over there in the Middle East, they have 11 nothing to do -- if Bush lied, which I don't 12 know if he did, okay, we take it on him. If 13 he had agreed to sign and approve the war and 14 sign to go to war, we take it on him. 15 But to take it on those, to take it 16 on them that gave their life and made them 17 feel like in 1960 -- in the '60s when we came 18 back home, and try to make them feel ashamed 19 because they are serving the country, because 20 Bush or Hillary Clinton or whoever approved 21 the war sent them there, they have nothing to 22 do with it. Have nothing to do with it. 23 We are trying -- the bill says 24 let's build a monument to remember those 25 fallen ones. Nobody is saying let's take away

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(518) 371-8910 1 the money for their health, for their 2 community, for their family and forget about 3 them. Nobody is saying that. 4 We're saying let's build a monument 5 so their parents could come to Albany or 6 wherever it is and, you know, like some people 7 do now, they go to Washington, to the Vietnam 8 Memorial, to remember their fallen ones. So 9 it has nothing to do with it. The Hanoi Janes 10 of this world has no part anymore. We have to 11 make those people feel proud. 12 And there is no money, there is no 13 money to pay for one life, one young boy or 14 girl, woman, that fall, that give their life 15 in Iraq for this country. There's no money, 16 no money in this world that could compensate 17 their parents for their loss. 18 So, ladies and gentlemen, this is a 19 good bill. I'm sorry it's a Republican bill, 20 but it's a good bill. And I would like to be 21 part of that bill, if you could allow me to 22 sign on that bill and be part of that bill and 23 be -- and join you and be part of asking for 24 that monument. 25 Ladies and gentlemen, thank you

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(518) 371-8910 1 very much. We've got to vote yes on this 2 bill. 3 ACTING PRESIDENT WINNER: Senator 4 Parker. 5 SENATOR PARKER: Thank you, 6 Mr. President. 7 First let me begin by thanking 8 Senator Morahan for putting this bill in. I 9 think this is an important bill. I think that 10 honoring the troops is absolutely the absolute 11 thing that we must be doing at this time. 12 Senator Larkin's comments, I want 13 to associate myself with his comments in terms 14 of how important this is in terms of the 15 generations of troops that we honor by doing 16 this monument. 17 But I'm in support of this 18 amendment because I think that timing is 19 everything. I think it's insufficient to in 20 fact do a physical monument without doing what 21 Senator Connor calls building a monument to 22 the soul. 23 I think, Senator Diaz, that in fact 24 when you have a bill that simply says build a 25 monument but does not increase opportunities,

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(518) 371-8910 1 then in fact we are saying to people that yes, 2 we're substituting. 3 Senator Nozzolio said that the 4 price of freedom is not free, and he's 5 absolutely right. The price of freedom is 6 eternal vigilance. But the vigilance has to 7 be around access to opportunity. We must 8 continue to be vigilant about making sure that 9 our veterans have the opportunities that they 10 fought for. 11 And as anybody who's, you know, got 12 up and touted their war records -- I 13 unfortunately don't have one, but I come from 14 a family of lots of veterans. I have a uncle 15 who died in -- you know, as a result of 16 injuries and other kinds of detrimental things 17 that happened to him in the Vietnam War. I 18 have a brother who fought in many of the 19 conflicts that we're talking about now who 20 died the very first year I came here as a 21 result of things that resulted from his 22 service in the Marines. A career Marine. 23 So I have a different story to 24 tell, not one of writing letters home to 25 people of passed war veterans, but of veterans

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(518) 371-8910 1 who have returned home and have walked into my 2 district office and said to me: "Senator 3 Parker, I fought for this country, and I can't 4 get a job." "Senator Parker, I fought for 5 this country and have sustained injuries and 6 can't get proper medical care." "Senator 7 Parker, I fought for this country and can't 8 get proper housing." 9 And what simply this amendment says 10 is let's first deal with those veterans who 11 have returned home, and let's honor the 12 sacrifice they've made to us and this country 13 by in fact making sure that they have access 14 to the American dream, to be eternally 15 vigilant to make sure that their access to 16 opportunity is not killed because we have 17 allocated money to a monument. 18 Yes, let's do the monument. But 19 let's also do the other things that need to be 20 done to make sure that our veterans have 21 access to healthcare, to housing, and to 22 employment opportunities once they're out of 23 the military. 24 Mr. President, I vote aye on this 25 amendment.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Schneiderman. 3 SENATOR SCHNEIDERMAN: Thank you, 4 Mr. President. 5 This is really a fascinating 6 debate, and I'm sorry to say that it appears 7 to reflect a complete disconnect between most 8 of my colleagues on the other side of the 9 aisle, most of our Republican Senators, and 10 most of my colleagues on this side of the 11 aisle and I believe the overwhelming majority 12 of the American people. 13 It is not true that we have an 14 infinite money and if we spent money -- and 15 this bill does not, by the way, say that the 16 cost of the monument will be limited to half a 17 million dollars. It says we're appropriating 18 half a million, but it may well cost more. 19 I would urge anyone who suggests 20 that this is not substituting the monument for 21 other social services or veterans' services to 22 read the bill. It simply says that this is 23 appropriating money from the State Treasury or 24 the General Fund. 25 We've just heard that the Governor

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(518) 371-8910 1 vetoed a bill to help veterans because we 2 couldn't afford it. And yet we want to 3 provide the symbolism. 4 Here's the disconnect. What you 5 are offering the American people are symbols. 6 And what we are trying to say is deal with the 7 real needs of the troops. Support the troops. 8 Bring them home and care for them when they 9 come home. 10 Are you telling me -- and one of 11 you just said we have done as much as we can 12 in this house for veterans. That is a lie. 13 And everyone should be ashamed of themselves 14 if you are pretending that that is true when 15 we're closing veterans' hospitals, we're 16 cutting veterans' benefits. 17 Senator Parker is right. They come 18 into my office, they come into your office. 19 Veterans are in need. And until we meet the 20 needs of those veterans, until we ensure that 21 their children can get a decent education, 22 shame on us for diverting money from those 23 purposes to a monument. 24 I'm not against monuments, but 25 let's look at this. We're in a fiscal crisis,

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(518) 371-8910 1 our veterans are in need. The troops are 2 being hurt now because of the insanely bad 3 policies of the federal government under this 4 Republican administration. And yet what you 5 are suffering us is symbols. 6 We passed a resolution urging the 7 federal government to help veterans. Is that 8 all we can do? That's not all we can do. 9 Senator Hassell-Thompson has a bill she cannot 10 get to the floor -- because your leadership 11 blocks it -- to provide additional tax 12 exemptions for veterans who are living in the 13 same household. Senator Shirley Huntley has a 14 bill -- which you're blocking from coming to 15 the floor, the Republican leaders of this 16 house -- that would increase benefits for 17 blind veterans or spouses of blind veterans. 18 You're blocking that. 19 Have we done everything we can do 20 for veterans? Shame on any one of you who 21 pretends we have. You are blocking bills as 22 we sit here today. And yet you want us to 23 divert money from healthcare, social service, 24 benefits for their children, to build a 25 monument.

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(518) 371-8910 1 This is not about not liking 2 monuments. This is about our priorities. 3 Where are our priorities? I support the 4 troops. I support the human beings. We can 5 build a monument later. I think everyone 6 should vote for this amendment, Mr. President. 7 ACTING PRESIDENT WINNER: Senator 8 Skelos. 9 SENATOR SKELOS: Mr. President, I 10 wasn't really going to speak on this 11 amendment, but number one, I want to thank 12 Senator Morahan for the legislation. 13 And quite honestly, I understand 14 that this is an even year, some people have 15 primaries, others have primaries where county 16 chairmen aren't supporting them. 17 But to bring up this amendment when 18 we're looking to honor those who have served 19 their country and have lost their life, 20 whether you agree with the war or not, and to 21 somehow equate that as a political statement 22 as to we're not doing enough for our veterans 23 or we shouldn't be building monuments I think 24 is totally inappropriate. It's totally 25 inappropriate and wrong.

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(518) 371-8910 1 You know, a number of years ago I 2 was traveling in the Netherlands and I just 3 happened to stop by, we ran into the American 4 Cemetery of the Netherlands. And I visited 5 another one in Luxembourg. And the group I 6 was with, and my wife, we were stunned, quite 7 honestly, how beautiful, how peaceful, how 8 respectful those cemeteries were. 9 And we were with the commandant, 10 and there wasn't one piece of crab grass in 11 that cemetery, and we commented how beautiful 12 it was. And the commandant said: "Do you 13 know how many people that live in other 14 countries, in other European countries will 15 come here and say 'It's a waste of money, it's 16 a waste of money that we have all these 17 monuments for those who gave up their lives, 18 that we take such care of those cemeteries'? 19 Only the Americans would do that." Only the 20 Americans would do that. 21 Well, you know, it took this 22 country over 40 years, if I'm correct, Senator 23 Larkin, to build a World War II monument. 24 Over 40 years. Republican administrations, 25 Democrat administrations, all administrations,

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(518) 371-8910 1 over 40 years. And thank God for Bob Dole, 2 who made that happen. 3 As I said, this is a political year 4 and we understand at times certain things are 5 done for political advantage. But you know 6 what, if you want to pass or try to pass this 7 amendment, attach it to another bill. There's 8 so many pieces of legislation that are going 9 to come up this year, in the balance of this 10 year, that you could, Senator Connor, try to 11 attach the amendment to. 12 If it's a matter of making a point 13 or whatever, do it on something else, not on 14 this legislation. Because by doing that, 15 quite honestly -- and for those of you who are 16 going to vote for this amendment, you're no 17 better than those Europeans who said we waste 18 our money on monuments, on cemeteries, and 19 respecting those who lost their lives and 20 sacrificed their lives for their country. 21 That's, that's the message we 22 should be sending, is we're going to do the 23 monument. We're going to -- Senator Morahan 24 pointed out certain benefits that we did 25 increase this year. Do the amendment on

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(518) 371-8910 1 another bill. 2 Senator Connor, withdraw this 3 amendment, do it on another bill. Do it on 4 another bill. And there will be, you know, a 5 petition to canvass, the whole thing. But not 6 on this bill to build a monument to those who 7 have sacrificed their lives. 8 ACTING PRESIDENT WINNER: Senator 9 Volker. 10 SENATOR VOLKER: Just one 11 statement, if I might. 12 As somebody who has been involved 13 in building monuments before, I have to tell 14 you, this legislation, should it become law, 15 you don't have to worry about a big hurry of 16 spending the money. It takes about two years, 17 once you authorize a process, to get the plans 18 and all the rest of the stuff done. The OGS 19 controls the process no matter what we do. 20 So if you think that this is going 21 to have a major impact on the fiscal plan of 22 this state -- the one thing it will do is get 23 the process in motion to get that monument. 24 Most likely by the time it actually happens, 25 it will probably be certainly 2009 and

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(518) 371-8910 1 possibly 2010. So one of the reasons you do 2 it now is to get the process moving to get 3 that done. 4 It's the way the system works. 5 It's the real world. I can tell you, I was 6 involved in the State Police monument or the 7 police memorial thing and a lot of other 8 things. It took us a number of years to get 9 it. First of all, they've got to find a site 10 for it. There's a number of things that have 11 to be done. 12 But what Senator Morahan is saying 13 is now is the time to authorize it, get the 14 process moving so we can actually do a 15 memorial to those people. 16 Just one thing I just want to say, 17 and I know you could say this is irrelevant. 18 When I was in Poland -- the national media 19 always talks about the young people who are 20 attacking America and how terrible it is. My 21 wife and I were standing in Cracow, we were 22 trying to figure out which train to take into 23 downtown Cracow. And there was a woman 24 standing there, and my wife, who speaks a 25 little bit of Polish, asked her about how to

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(518) 371-8910 1 go. 2 And she said, "Americans," and she 3 yelled upstairs, pushed the button. Her 4 mother, who spoke English, came to the window 5 and said: "I'll be right down." We said, 6 "No, no, no, no, all we want to know is how do 7 we get to downtown Cracow on the train." 8 The woman said -- she told us from 9 up there, and she said, "You know, we love 10 Americans." And I said, "Well, why?" She 11 said, "Because if it wasn't for you, we 12 wouldn't be free." The older Poles, they 13 understand that story. 14 And I only say that because I think 15 the national media will never tell you that 16 story, because they would rather knock America 17 as a country. 18 One final thing, and I'm just -- 19 you know, I have something to do with homeland 20 security and Vinnie Leibell. There's a great 21 many people in homeland security -- in fact, 22 virtually all of them -- that believe if we 23 didn't go into Iraq and Afghanistan, we would 24 have been hit at least twice in this country. 25 Now, nobody can actually verify

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(518) 371-8910 1 that, but nobody can exactly figure out in the 2 intelligence community why we haven't been 3 hit, because we were supposed to have been hit 4 twice. And we've done a lot of -- we've 5 stopped a lot of plots. "We" meaning our 6 people. 7 But I have to tell you, I 8 personally believe if we hadn't gone into Iraq 9 and Afghanistan, the West Coast would have hit 10 and probably something on the East Coast. You 11 know, who knows? But I can only say to you 12 there are reasons for everything. 13 ACTING PRESIDENT WINNER: Senator 14 Little. 15 SENATOR LITTLE: Thank you, 16 Mr. President. 17 I am not a veteran and have not 18 served in that capacity at any time, although 19 I have two sons who have served in the 20 military, and I have one son who is currently 21 serving in the military. But I am a supporter 22 of veterans' issues, and I work with the 23 veterans in my district. 24 And talking to the men and women 25 who have served our country and the family

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(518) 371-8910 1 members who have lost members of their 2 families in the service of our country, I just 3 can't believe that we would stand here and be 4 talking about an either/or; instead of doing 5 that, let's do this. Because I don't believe 6 that we can do enough for our veterans. And I 7 don't believe that any program should be 8 rejected by this body. 9 My own son, as serving spends three 10 months, six months, three weeks, four weeks 11 away from his family. Those are the 12 sacrifices that they endure. Their entire 13 family endures sacrifices, as do all of our 14 men and women who are away from their families 15 for lengths of time up to a year. 16 We need to do more, we need to do 17 everything. If anything, this amendment 18 should be in addition to Senator Morahan's 19 idea for a monument. 20 Monuments speak volumes. And you 21 may say that they aren't necessary, but I 22 believe that they are. And they say, they 23 represent our feelings and our gratitude to 24 our men and women, to our veterans, to those 25 who have died, to those who have changed their

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(518) 371-8910 1 lives and been willing to work for us. 2 So I support this bill. And if 3 anything, the amendment is what should be 4 changed to say "and" we also do that. 5 Thank you. 6 ACTING PRESIDENT WINNER: I would 7 point out that the time allotted to the Senate 8 Minority has expired. 9 Are there any other Senators on the 10 Majority side that wish to be heard with the 11 few remaining minutes? 12 If not, on the amendment, those 13 Senators in agreement please signify by 14 raising your hands. 15 THE SECRETARY: Those recorded in 16 agreement are Senators Breslin, Connor, Dilan, 17 Duane, L. Krueger, Montgomery, Onorato, 18 Oppenheimer, Parker, Perkins, Sabini, Sampson, 19 Savino, Schneiderman, Serrano, Smith, Stavisky 20 and Thompson. 21 ACTING PRESIDENT WINNER: The 22 amendment is not agreed to. 23 On the bill, any other Senators 24 wish to be heard? 25 The debate is closed. The

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(518) 371-8910 1 Secretary will ring the bell. 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. Nays, 9 0. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1613, by Member of the Assembly Lentol, 14 Assembly Print Number 10736, an act to amend 15 Chapter 548 of the Laws of 2004, amending the 16 Education Law. 17 ACTING PRESIDENT WINNER: Senator 18 Stavisky. 19 SENATOR STAVISKY: Will the 20 sponsor rise for a very brief question. 21 ACTING PRESIDENT WINNER: Senator 22 Padavan, do you yield to a question? 23 SENATOR PADAVAN: Yes. 24 SENATOR STAVISKY: A couple of 25 very brief questions.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 Senator yields. 3 SENATOR STAVISKY: Calendar 1613, 4 which is Senate 6897, didn't this pass 5 yesterday? 6 SENATOR PADAVAN: Pardon me? 7 SENATOR STAVISKY: I'm under the 8 impression that this -- 9 SENATOR PADAVAN: No, it was laid 10 aside, Senator. 11 SENATOR STAVISKY: Oh, it was 12 laid aside yesterday? 13 SENATOR PADAVAN: Yes, that's 14 correct. 15 SENATOR STAVISKY: There's a -- 16 one more question, two more questions, if -- 17 SENATOR PADAVAN: The Assembly 18 bill which passed was substituted. 19 SENATOR STAVISKY: The Assembly 20 bill was substituted for Calendar 1613? 21 SENATOR PADAVAN: That's correct. 22 SENATOR STAVISKY: There is a 23 very similar bill, Calendar Number 1632, which 24 was laid aside yesterday, which increased the 25 number of courses and applied it to SUNY as

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(518) 371-8910 1 well as CUNY, isn't that correct? 2 SENATOR PADAVAN: Yes. But 3 that's not the bill we're dealing with right 4 now. We're dealing with this bill. 5 SENATOR STAVISKY: But if 6 Calendar Number 1613 passes, it's going to be 7 in conflict with Calendar 1632. 8 SENATOR PADAVAN: No, not really. 9 Why don't we wait till we get to 1632 and then 10 we can discuss that. Right now we're dealing 11 with 1613, which is an extension of what 12 currently is in place. All right? 13 SENATOR STAVISKY: Okay, agreed. 14 ACTING PRESIDENT WINNER: Thank 15 you, Senator Padavan. 16 Read the last section. 17 Oh, Senator Smith, sorry. 18 SENATOR SMITH: On the bill. 19 ACTING PRESIDENT WINNER: Not on 20 this bill? 21 SENATOR SMITH: On this bill. 22 ACTING PRESIDENT WINNER: On the 23 bill. 24 SENATOR SMITH: Yes. Let me 25 just -- what I wanted to -- I think others

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(518) 371-8910 1 know just recently the trial-level task force, 2 which was a legislative task force of three 3 branches of government, city, state and 4 federal, recently put out a report that spoke 5 to a number of bills that related to 6 increasing the confidence of the public in our 7 law enforcement system. 8 This particular bill that Senator 9 Padavan is putting forward, or at least an 10 extension thereof, is a good bill. Senator 11 Stavisky in what she was alluding to was a 12 bill that perhaps will come up later which 13 extends the waiver for two classes, as opposed 14 to this extension, which is also good. 15 What we are trying to underscore 16 with Toby Stavisky as well is understanding 17 the importance of what happens if our law 18 enforcement are allowed to be better educated, 19 what it does to their improved law enforcement 20 background, what it does to improve their 21 ability to do their job. 22 And while our colleagues are going 23 to pass this bill today, which is a good one, 24 we do hope that the bill will come back that 25 he did lay aside yesterday, it comes back

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(518) 371-8910 1 again this week or perhaps next week. 2 And it is our belief and 3 understanding that CUNY may have had some 4 involvement with putting this bill off. We 5 would hope that we will rise to a point where 6 we do what is actually best for our law 7 enforcement people, notwithstanding the 8 importance of higher education institutions 9 and their influence. 10 This is a bill that we support, a 11 bill that I support. But I do hope in the 12 future, given it was part of a larger package 13 of a report that was issued on Sunday, and we 14 are hopeful that some other bills that are 15 within this package will come forward, as we 16 believe it's one that will raise the public 17 confidence in our law enforcement teams not 18 only in New York City but around the state. 19 So I will be voting aye on this 20 bill, Mr. President, but I do want to make 21 sure that we hopefully have the bill that 22 Senator Stavisky was talking about, that it 23 will come back to the floor before we adjourn 24 next week. 25 ACTING PRESIDENT WINNER: Is

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(518) 371-8910 1 there any other Senator wishing to be heard? 2 Debate is closed. The Secretary 3 will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT WINNER: Senator 11 Stavisky, to explain her vote. 12 SENATOR STAVISKY: My question, 13 Mr. President, was simply a mechanical one and 14 a procedural one, not on the substance. I 15 wanted to be sure that there was no conflict 16 between the two bills, where one gives one 17 course and the other is additional courses. 18 Thank you. 19 ACTING PRESIDENT WINNER: Senator 20 Stavisky will be recorded in the affirmative. 21 Results. 22 THE SECRETARY: In relation to 23 Calendar Number 1613, absent from voting: 24 Senators Gonzalez, Huntley, and Rath. 25 Ayes, 57. Nays, 0.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 Can I please ask the Senators to 4 remain in the chamber so that we can finish 5 the controversial calendar. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1619, by Senator Leibell, Senate Print 7267A, 9 an act to amend the Public Officers Law. 10 SENATOR KLEIN: Explanation, 11 please. 12 ACTING PRESIDENT WINNER: Senator 13 Leibell. 14 SENATOR LEIBELL: Mr. President, 15 this bill would amend Section 3 of the Public 16 Officers Law to remove the residency 17 requirement for assistant district attorneys 18 in Putnam County. 19 SENATOR KLEIN: Explanation 20 satisfactory. 21 ACTING PRESIDENT WINNER: Any 22 other Senator wishing to be heard? 23 Debate is closed. The Secretary 24 will ring the bell. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: In relation to 7 Calendar Number 1619, absent from voting: 8 Senators Gonzalez, Huntley and Rath. 9 Ayes, 57. Nays, 0. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1644, by Senator LaValle, Senate Print 8314, 14 an act to amend the Correction Law, in 15 relation to facilitating compliance. 16 ACTING PRESIDENT WINNER: Senator 17 Klein. 18 SENATOR KLEIN: Would the sponsor 19 yield for a couple of questions, 20 Mr. President. 21 ACTING PRESIDENT WINNER: Senator 22 LaValle, will you yield to Senator Klein for a 23 couple of questions? 24 SENATOR LaVALLE: Yes, sure. 25 You didn't want an explanation?

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(518) 371-8910 1 SENATOR KLEIN: Just a couple of 2 questions. 3 Through you, Mr. President. 4 Senator LaValle, can you just explain what the 5 sex offender registration officer would do as 6 applied to enforcing Megan's Law in the State 7 of New York? 8 SENATOR LaVALLE: Yeah. One of 9 the changes we made from last year where we 10 had social services handling this as a 11 responsibility, we -- in negotiations with the 12 Governor's office, we chose to allow the 13 locality to choose an officer that would 14 ensure that the individual would be meeting 15 the 10-day rule of checking in in compliance 16 with the provisions of this act. 17 We give DCJS rule power so that 18 that individual could check in in a number of 19 places that would be convenient and could, 20 after two or three visits, every 10 days they 21 might check in over the telephone. I mean, 22 that could be. 23 So the individual wants to make 24 sure, since the sex offender really doesn't 25 have a home and is homeless and traveling from

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(518) 371-8910 1 one place to another within the county, that 2 we want to know where that individual is. So 3 that's the key element here. 4 SENATOR KLEIN: Again, another 5 question through you, Mr. President. 6 If an individual is homeless and 7 also happens to be classified as a Level 3 8 sexual predator, will they have to reregister 9 every 90 days as if they had a residence? 10 SENATOR LaVALLE: Just so you 11 know who we are talking about, this bill 12 emanated because the county -- individuals 13 that didn't have a home, instead of having 14 them in a specific motel, one place, they came 15 up and they said, "We're going to move 16 individuals from one place to another." Could 17 be in almost like a mobile van. 18 And so it was important to know 19 where they are. So in the legislation it's 20 not 90 days, it's every 10 days. 21 SENATOR KLEIN: So they would 22 have to reregister every 10 days? 23 SENATOR LaVALLE: Every 10 days, 24 yeah. And as long as they are classified, 25 then every 10 days they have to check in so

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(518) 371-8910 1 that we know where they are. 2 With the exception, as I had 3 indicated, if DCJS says this is a Level 1 4 person, we could do it by the telephone. 5 SENATOR KLEIN: Again, through 6 you, Mr. President. This is, I guess, a 7 hypothetical. 8 If indeed, again, a dangerous 9 sexual predator, Level 3, is actually living 10 in a homeless shelter, wouldn't that 11 individual be able to use that address as the 12 homeless shelter they're living in? For 13 Megan's Law registration purposes. 14 SENATOR LaVALLE: We very 15 specifically define what this person -- in 16 other words, they do not have a residence that 17 is one that we can register as their 18 residence. 19 SENATOR KLEIN: So we're not 20 talking about sexual predators that are living 21 in homeless shelters? Would they be exempt 22 from your potential law? 23 SENATOR LaVALLE: No, they would 24 not be exempt from here. 25 SENATOR KLEIN: So I guess what

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(518) 371-8910 1 I'm asking is would they now be required to 2 register -- let's say they're living in a 3 homeless shelter, let's say it's a family 4 homeless shelter. They use the address of the 5 shelter, that's their residence. Would they 6 have to reregister every 10 days or every 90 7 days? 8 SENATOR LaVALLE: No. The key 9 here is -- let's use your hypothetical. I am 10 in a shelter. I will then declare that 11 shelter as my home. 12 SENATOR KLEIN: And you wouldn't 13 be part of this legislation? 14 SENATOR LaVALLE: That's right. 15 SENATOR KLEIN: I have one more 16 question, through you, Mr. President. 17 Under the requirements of your 18 legislation, would it change the notification 19 requirements under the present Megan's Law? 20 In other words -- 21 SENATOR LaVALLE: No. No, 22 nothing changes there. 23 SENATOR KLEIN: Thank you very 24 much. 25 On the bill, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Klein, on the bill. 3 SENATOR KLEIN: I think 4 Mr. LaValle has actually introduced a piece of 5 legislation I think which will go a long way 6 towards helping individuals in his district on 7 a very limited basis. 8 The reason being is one of the 9 things that I found very, very disturbing 10 after we put out a report, my office, last 11 year, was presently there's Level 2 and 12 Level 3 sexual predators living in family 13 homeless shelters all around the City of 14 New York. Not in men's shelters, that's not 15 what we looked at. And we didn't do this to 16 try to deny an individual their right to 17 shelter. 18 But at the same time, these are 19 individuals who use their address as a family 20 shelter around children. I think that's 21 something that we need to change and maybe go 22 one step further than Mr. LaValle's 23 legislation, to have some type of notification 24 requirements. 25 Right now the City Homeless

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(518) 371-8910 1 Services does not require anyone in their 2 facilities to even know or be told or notified 3 in any way that a dangerous sexual predator is 4 living around families. I think that's 5 absolutely ludicrous. I think homeless 6 children deserve the same safety as all of our 7 children. 8 If under our present Megan's Law 9 we're notifying local schools, we're notifying 10 parents in the area, if local law enforcement 11 chooses to do that, I think certainly homeless 12 families have that same right if a dangerous 13 sexual predator is living in one of these 14 family shelters. 15 So a piece of legislation that I've 16 introduced, and I hope it can somehow pass 17 this session as maybe even an amendment to 18 Senator LaValle's bill, would be very simple. 19 If indeed there is a dangerous sexual predator 20 living in one of these family homeless 21 shelters, I don't think it's too much to ask 22 that we notify the families living in these 23 family shelters that a dangerous sexual 24 predator is living there as well. 25 And I also think that we should

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(518) 371-8910 1 require the Division of Homeless Services to 2 actually find out that information. If 3 someone walks in and says, "I'm a family 4 member of this family, I want to come live in 5 your family shelter," they should do a 6 background check. They should keep that 7 information confidential, I guess, if the 8 person actually doesn't stay for an extended 9 period of time. 10 But I think it's important that we 11 gather this information. It's presently part 12 of the Division of Criminal Justice Megan's 13 Law subdirectory, and I think it should be 14 used in a positive way to protect families who 15 are presently living in family shelters. 16 So I thank Senator LaValle for 17 introducing this piece of legislation, but I 18 think we really need to take it one step 19 further if we're going to really protect 20 families from dangerous sexual predators. 21 I vote yes on this bill. 22 ACTING PRESIDENT WINNER: Any 23 other Senator wishing to be heard? 24 The debate is closed. The 25 Secretary will ring the bell.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 6. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: In relation to 8 Calendar Number 1644, recorded in the 9 negative: Senator Montgomery. 10 Absent from voting: Senators 11 Gonzalez, Huntley, Rath and Serrano. 12 Ayes, 55. Nays, 1. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1650, by Senator Larkin, Senate Print 195, an 17 act to authorize the City of Newburgh to 18 establish. 19 SENATOR KLEIN: Explanation, 20 please. 21 ACTING PRESIDENT WINNER: There 22 is a home-rule message at the desk. 23 Senator Larkin. 24 SENATOR LARKIN: Who asked for 25 the --

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Klein has asked for an explanation. 3 SENATOR LARKIN: Thank you for 4 voting for this bill the last two years, 5 Mr. Klein. 6 This bill hasn't changed. It 7 passed 61 to nothing; the previous year it 8 passed 60 to nothing. 9 This is a very simple bill that 10 allows the City of Newburgh to be in 11 partnership with Peekskill, Yonkers, Suffolk 12 County, the City of Utica, and a lot of our 13 cities with population of over 200,000. 14 The City of Newburgh is a small 15 city. It's got a lot of problems. What it 16 needs is this court so they can handle a lot 17 of these traffic violations and whatnot. I 18 think it's an excellent deal. The city is now 19 owed about $4.5 million to $5 million. And if 20 you have a small city -- I know you have a big 21 city, but even in a city of your size, Senator 22 Klein, you'd realize an additional $5 million 23 would go a long way to providing services that 24 are essential. 25 SENATOR KLEIN: Thank you,

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(518) 371-8910 1 Senator Larkin. Your explanation was better 2 this year than even last year. 3 ACTING PRESIDENT WINNER: Senator 4 Duane. 5 SENATOR DUANE: Thank you, Mr. 6 President. If the sponsor would yield. 7 ACTING PRESIDENT WINNER: Senator 8 Larkin, do you yield to Senator Duane? 9 SENATOR LARKIN: I yield to the 10 good Senator from the City of New York, Tom 11 Duane. 12 ACTING PRESIDENT WINNER: The 13 Senator yields, Senator Duane. 14 SENATOR DUANE: Thank you, 15 Mr. President. 16 I'm wondering what happens now. 17 How are these traffic tickets dealt with now? 18 SENATOR LARKIN: Tom, right now 19 the city has a backlog of probably six to nine 20 months. They've been going out and hiring 21 people to serve notice on it. The city 22 doesn't have extra money to do this. Without 23 this, they're not able to process all of the 24 violations. 25 And this came from the Division of

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(518) 371-8910 1 Criminal Justice of the previous 2 administration and this administration that 3 this was a positive way to do it, because we 4 in this chamber and in the other house and in 5 previous governors have allowed others to do 6 it. 7 SENATOR DUANE: Through you, Mr. 8 President, if the sponsor would continue to 9 yield. 10 ACTING PRESIDENT WINNER: Senator 11 Larkin, do you yield? 12 SENATOR LARKIN: Yes, sir. 13 ACTING PRESIDENT WINNER: The 14 Senator yields. 15 SENATOR DUANE: More 16 specifically, where are these tickets 17 adjudicated now? 18 SENATOR LARKIN: Pardon me? 19 SENATOR DUANE: In what venue are 20 these parking tickets adjudicated now? 21 SENATOR LARKIN: They're in the 22 custody of the police in the City of Newburgh. 23 SENATOR DUANE: But through you, 24 Mr. President, just even more specifically, 25 what is the third branch, if you will, what is

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(518) 371-8910 1 the judicial branch of government within 2 Newburgh where these tickets are now being 3 heard? 4 SENATOR LARKIN: Tom, the City 5 Court is handling all of this. But they have 6 no funding to do any of the other things that 7 are required to be done. 8 The city manager and the city 9 council visited Peekskill, they've visited 10 Yonkers, they've been to Utica. And they feel 11 that this would in turn effect a positive 12 reaction to clean up all of this mess and 13 generate revenue for the municipality. 14 SENATOR DUANE: And through you, 15 Mr. President, if the sponsor would continue 16 to yield. 17 ACTING PRESIDENT WINNER: Senator 18 Larkin, do you yield? 19 SENATOR LARKIN: Yeah. 20 ACTING PRESIDENT WINNER: Senator 21 Larkin yields. 22 SENATOR DUANE: Thank you. 23 And what are the funding streams by 24 which the City Court is funded? 25 SENATOR LARKIN: The state. And

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(518) 371-8910 1 the municipality. 2 SENATOR DUANE: And through you, 3 Mr. President, if the sponsor would continue 4 to yield. 5 SENATOR LARKIN: Oh, come on. 6 One more time. 7 ACTING PRESIDENT WINNER: Senator 8 Larkin yields. 9 SENATOR DUANE: Thank you, 10 Mr. President. 11 What is the pay for City Court 12 judges in Newburgh? 13 SENATOR LARKIN: If you look at 14 the books that we've passed every few years, 15 there's been statutes saying what the city 16 judges -- in our case we have one sitting 17 judge and one part-time judge. 18 SENATOR DUANE: And through you, 19 Mr. President, if the sponsor would continue 20 to yield. I'm getting to the point that I'm 21 trying get to, but I need to -- 22 SENATOR LARKIN: I would be 23 delighted if you'd get to the point. Even 24 Klein's laughing. 25 ACTING PRESIDENT WINNER: By all

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(518) 371-8910 1 means, Senator -- 2 SENATOR DUANE: With bated 3 breath? 4 SENATOR LARKIN: With bated 5 breath. 6 SENATOR DUANE: Are 7 administrative judges on tribunals paid less 8 than City Court judges? 9 SENATOR LARKIN: That's to be 10 determined by the city council. 11 SENATOR DUANE: So through you, 12 Mr. President -- actually, I'll just speak on 13 the bill. Thank you. 14 SENATOR LARKIN: You're most 15 welcome. 16 SENATOR DUANE: Unless you'd like 17 more questions. I could do that too. 18 ACTING PRESIDENT WINNER: Senator 19 Duane, are you asking Senator Larkin to yield 20 to more questions? 21 SENATOR DUANE: No, I'm a good 22 person. I will only speak on the bill, 23 Mr. President. 24 ACTING PRESIDENT WINNER: That's 25 terrific. Senator Duane, on the bill.

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(518) 371-8910 1 SENATOR DUANE: Less time in 2 purgatory for both Senator Larkin and myself. 3 ACTING PRESIDENT WINNER: Not to 4 mention myself. 5 SENATOR DUANE: Yes, Mr. 6 President. 7 UNIDENTIFIED SENATOR: What about 8 us? 9 SENATOR DUANE: Take care of 10 yourselves. 11 I am concerned that we are doing an 12 end run around the proper adjudication of 13 these parking tickets in an effort to lessen 14 the fiscal impact. But it seems as if we 15 don't really know what the fiscal impact is. 16 A tribunal -- I'm assuming that's three 17 people, but maybe it's not. But hiring three 18 people may actually end up being more 19 expensive than hiring one person as a town 20 court judge. 21 So I think that one thing I'd like 22 to see happen is to see what the fiscal impact 23 would be here. Would we be making up enough 24 money on more rapid parking violations, fees 25 being paid by people? Would it be enough to

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(518) 371-8910 1 pay for the hiring of people for a tribunal? 2 Maybe this is an opportunity for us 3 to share with other municipalities or other 4 jurisdictions within a county. It may be a 5 way to actually reduce the price of 6 government. During these difficult fiscal 7 times I think maybe we should try to look at 8 new strategies. 9 And while I understand that other 10 municipalities may be using tribunals, perhaps 11 the sharing idea would work better, that 12 different municipalities could share 13 adjudicators or they could travel from place 14 to place within a county, they could spend a 15 day in each municipality. 16 There are many, many different 17 kinds of strategies which we potentially could 18 use to lessen the burden both for this city 19 but also for other cities around it. 20 Perhaps a pilot program. We're 21 wild about pilot programs here. And maybe 22 this is a golden opportunity for a pilot 23 program to see if there might be ways for 24 counties and municipalities to share services 25 and save money, including as it applies to

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(518) 371-8910 1 parking violations. 2 So I'm pleased that this bill has 3 come before us. And because Senator Larkin 4 was so convincing, I may actually end up 5 voting for it. 6 However, I do think that this 7 should be a jumping-off point for us to look 8 at other ways to share services in 9 municipalities and overall reduce the cost of 10 government while at the same time potentially 11 increasing revenue at the expense of people 12 using vehicles who break our local laws. 13 So I will vote yes, but I'm 14 optimistic that we will all take a good, long, 15 hard look at other strategies that we could 16 use. 17 Thank you, Mr. President. 18 ACTING PRESIDENT WINNER: Any 19 Senator wishing to be heard? 20 Debate is closed. The Secretary 21 will ring the bell. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT WINNER: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: In relation to 4 Calendar Number 1650, absent from voting: 5 Senators Gonzalez, Hassell-Thompson, Huntley, 6 Rath and Serrano. 7 Ayes, 55. Nays, 0. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1651, by Senator Flanagan, Senate Print 900, 12 an act to authorize the Holy Cross Roman 13 Catholic Church to retroactively apply. 14 SENATOR DUANE: Explanation, 15 please. 16 ACTING PRESIDENT WINNER: Senator 17 Flanagan, an explanation has been asked for. 18 SENATOR FLANAGAN: Thank you, 19 Mr. President. 20 This is a retroactive tax exemption 21 request from a church within the town of 22 Smithtown in the district that I represent. 23 ACTING PRESIDENT WINNER: Senator 24 Duane. 25 SENATOR DUANE: Thank you,

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(518) 371-8910 1 Mr. President. If the sponsor would yield. 2 SENATOR FLANAGAN: Yes. 3 ACTING PRESIDENT WINNER: Senator 4 Duane, for a question. 5 SENATOR DUANE: There was another 6 piece of legislation that passed earlier today 7 which authorized the Holy Cross Polish 8 National Church to retroactively apply for a 9 real property tax exemption for property in 10 Smithtown, and I'm wondering whether there's a 11 relationship between the Holy Cross Polish 12 National Church and the Holy Cross Roman 13 Catholic Church, as they're both in Smithtown. 14 SENATOR FLANAGAN: Senator Duane, 15 we have a lot of houses of worship and 16 churches in the Second Senate District. I 17 don't believe that they are the same. 18 SENATOR DUANE: But through you, 19 Mr. President, I just want to make absolutely 20 sure that -- 21 ACTING PRESIDENT WINNER: Senator 22 Duane, are you asking Senator Flanagan to 23 yield to a question? 24 SENATOR DUANE: Yeah, I'm about 25 to get up to that. It's all -- it's a prelude

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(518) 371-8910 1 to the question. 2 ACTING PRESIDENT WINNER: We 3 can't wait, Senator Duane. 4 (Laughter.) 5 SENATOR DUANE: And because I'm 6 trying to find out if -- more precisely if 7 they are the same, then I would ask the 8 sponsor to yield on that question, so we can 9 find out if they are the same institution. 10 ACTING PRESIDENT WINNER: Senator 11 Flanagan, will you yield to Senator Duane to 12 make a determination as to whether or not the 13 churches are one and the same? 14 SENATOR FLANAGAN: Yes, I will, 15 Mr. President. 16 And the answer to your question is 17 no. 18 SENATOR DUANE: Through you, 19 Mr. President, if the sponsor would continue 20 to yield. 21 ACTING PRESIDENT WINNER: Senator 22 Flanagan, do you yield? 23 SENATOR FLANAGAN: Yes, I do. 24 ACTING PRESIDENT WINNER: The 25 Senator yields, Senator Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 The tax exemption that's being 4 asked for, that would impact both the local 5 property tax -- does it impact any other taxes 6 being collected or not being collected if we 7 pass this? 8 SENATOR FLANAGAN: I believe 9 that's a determination that would ultimately 10 be made by the Town of Smithtown through its 11 town assessor. What we're doing is giving 12 them permission to make that application. The 13 ultimate decision will rest with the 14 municipality. 15 SENATOR DUANE: Thank you. Thank 16 you, Mr. President. Thank you. 17 ACTING PRESIDENT WINNER: Any 18 Senator wishing to be heard? 19 The debate is closed. 20 SENATOR MAZIARZ: Mr. President. 21 ACTING PRESIDENT WINNER: Senator 22 Maziarz. 23 SENATOR MAZIARZ: Mr. President, 24 on behalf of the Polish American Caucus here 25 in the New York State Senate, chaired by

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(518) 371-8910 1 Senator Bill Stachowski and myself, we want to 2 express our support for this bill for Holy 3 Cross Polish National Catholic Church, is the 4 correct title, and there are two separate 5 churches. 6 Thank you, Mr. President. 7 ACTING PRESIDENT WINNER: Thank 8 you, Senator Maziarz. 9 Senator Diaz. 10 (Laughter, catcalls.) 11 SENATOR DIAZ: Mr. President. 12 ACTING PRESIDENT WINNER: Yes. 13 SENATOR DIAZ: On behalf of the 14 evangelical churches of the state, especially 15 the Hispanic ones in the State of New York, we 16 also support this bill. Thank you. 17 ACTING PRESIDENT WINNER: On 18 behalf of the Episcopal Church, we also thank 19 him as well. 20 (Laughter.) 21 ACTING PRESIDENT WINNER: So any 22 other Senator wishing to be heard? 23 Debate is closed. The Secretary 24 will ring the bell. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1651 are 8 Senators Bonacic and Larkin. 9 Absent from voting: Senators 10 Gonzalez, Huntley, Rath and Serrano. 11 Ayes, 54. Nays, 2. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1652, by Senator Little, Senate Print 1140A, 16 Concurrent Resolution of the Senate and 17 Assembly proposing amendments to Article 9 of 18 the Constitution. 19 SENATOR LIZ KRUEGER: 20 Explanation. 21 ACTING PRESIDENT WINNER: Senator 22 Little, an explanation has been asked for by 23 Senator Krueger. 24 SENATOR LITTLE: Thank you, 25 Mr. President.

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(518) 371-8910 1 This is a concurrent resolution of 2 the Senate and the Assembly proposing 3 amendments to Article 9 of the Constitution 4 intended to prevent the state from imposing 5 additional unfunded mandates on local 6 governments. 7 SENATOR LIZ KRUEGER: Thank you, 8 Mr. President. If through you the sponsor 9 would yield. 10 SENATOR LITTLE: Yes, I will 11 yield. 12 ACTING PRESIDENT WINNER: Senator 13 Little yields. 14 SENATOR LIZ KRUEGER: Thank you. 15 Constitutional amendments require 16 serious discussion and debate, because we're 17 talking about changing the Constitution. And 18 so I was reviewing Senator Little's bill, and 19 my understanding is it would, with some 20 exceptions -- and they're detailed in there, 21 so I appreciate that -- we, the Legislature, 22 could not pass any law that applied a new cost 23 mandate to a local government. 24 Is that a fair quick version? 25 SENATOR LITTLE: No, that's not

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(518) 371-8910 1 accurate, I don't believe, because we have a 2 safety-net provision in the bill which would 3 permit the State Legislature to enact an 4 unfunded mandate if two-thirds of each house 5 concur, the Senate and the Assembly. A public 6 hearing would have to be held, and there would 7 are have to be a fiscal analysis as to the 8 cost of the bill, the mandate, and that would 9 all be made public. 10 And of course there are several 11 exemptions. Anything under $20,000 is not 12 considered an unfunded mandate, even though it 13 really is. And for a city of a million or 14 more -- New York City -- it's anything under 15 $100,000 would not be considered an unfunded 16 mandate. 17 SENATOR LIZ KRUEGER: Mr. 18 President, if through you the sponsor would 19 continue to yield. 20 ACTING PRESIDENT WINNER: Senator 21 Little, do you yield? 22 SENATOR LITTLE: Yes. 23 ACTING PRESIDENT WINNER: Senator 24 Little yields. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 In the details of your bill it also 2 talks about budget bills submitted by the 3 Governor pursuant to Article 7 of the 4 Constitution, but only if such bills 5 "implement, revise, amend or continue programs 6 or mandates which currently exist and such 7 bills do not impose any new mandates which, if 8 undertaken by themselves, would otherwise be 9 subject to the restrictions." 10 If we, the Legislature, chose to 11 submit our own budget bills or our own 12 amendments to budget bills, which it seems to 13 me we do every year, is it my correct 14 understanding that we could not, the Governor 15 could propose new unfunded mandates within 16 particular categories but we, the Legislature, 17 could not do that through amendments to the 18 budget bills? Am I reading that correctly? 19 SENATOR LITTLE: Well, I think in 20 the summary it talks about budget bills 21 submitted by the Governor. But when you 22 understand it, it says that you're not going 23 to be able to change any currently existing 24 mandate, but you cannot add a new mandate. 25 And many of our new budget bills ask for

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(518) 371-8910 1 continuation of programs which are basically 2 mandates. 3 For instance, the Medicaid program, 4 which mandates that the counties pay a portion 5 of. Therefore, you would continue budgeting 6 for that every year, and you would be able to 7 do that. This resolution and this 8 constitutional amendment would not affect it. 9 But you could not add any additional mandate 10 to that. 11 And the way they would determine 12 that is by taking that particular mandate and 13 saying if this separately would be an 14 additional mandate, then it is an unfunded 15 mandate. 16 There also is a commission that is 17 enacted in this bill that would be used to -- 18 where you could challenge, a local government 19 could challenge an unfunded mandate and say 20 that this was an unfunded mandate even though 21 we at the state may say it wasn't. 22 So there are opportunities there. 23 SENATOR LIZ KRUEGER: Mr. 24 President, if through you the sponsor would 25 continue to yield.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Little, will you yield? 3 SENATOR LITTLE: Yes, I will 4 yield. 5 ACTING PRESIDENT WINNER: The 6 Senator yields. 7 SENATOR LIZ KRUEGER: Thank you. 8 You know, there are so many examples I could 9 raise of -- because I'm struggling with this. 10 I'm concerned about a constitutional amendment 11 and the complications therein. But I think 12 you and I share many concerns about our taking 13 action here that translates into costs at the 14 local level. 15 You have another bill on today 16 which we're going to get to a little later. 17 It is Bill Number S1120, which would amend the 18 Real Property Tax Law. This would be the 19 State Legislature changing the rules such that 20 there was a broader exemption from property 21 taxes. We actually have many of those of 22 various kinds. 23 Would that be, under this 24 constitutional amendment, not allowed because 25 would that be an unfunded mandate to --

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(518) 371-8910 1 SENATOR LITTLE: No, I don't 2 believe it would, because it doesn't change, 3 it doesn't extend. 4 If you want me to start explaining 5 that bill, I can, but that's not before bill 6 before us. But that bill actually makes 7 things easier for DEC to allow a forestry 8 program to get into a 480-a program which 9 already exists. It's just saying that if you 10 are a certified forestry, you don't have to 11 have a forestry management plan approved and 12 all of that by DEC to get into the 480-a 13 forestry plan, which gives you up to an 14 80 percent reduction in your assessed value. 15 No, so that wouldn't count in this. 16 And really the reason for this 17 unfunded mandate bill, certainly I relate to 18 it from my years on the Warren County Board of 19 Supervisors, where we would hear how the state 20 budget was doing so well and not raising costs 21 and not raising taxes and not doing all of 22 that, and yet the unfunded mandates that were 23 imposed upon the county caused us to raise 24 property taxes. 25 And I think that throughout

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(518) 371-8910 1 New York State, everyone is well aware of the 2 fact that our local properties are the 3 problem. It's not the state tax, it's the 4 local property taxes that are a deterrent to 5 business and a deterrent to people living in 6 New York State. 7 SENATOR LIZ KRUEGER: And I 8 appreciate your answer. 9 We will debate that other bill 10 later, because I'm not sure I agree with you 11 on the analysis of whether it's not a new 12 program or not. 13 But just to use another example, I 14 remember a debate on the floor, and I 15 supported the bill, to require our schools to 16 have defibrillators, particularly I believe in 17 sporting events. And at the time I distinctly 18 remember my city sending a memo saying this is 19 an unfunded mandate to mandate defibrillators, 20 even though I think most of us in this house 21 voted for that bill because we thought it 22 would save lives. 23 Under your constitutional 24 amendment, would a bill like that not be able 25 to be passed?

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(518) 371-8910 1 SENATOR LITTLE: I don't think it 2 would be able to be passed, although it might 3 be able to get under the $20,000 threshold per 4 municipality, per school district. You 5 probably could, although many of my schools 6 are saying that the defibrillators are costing 7 them more than $20,000 to keep them up to 8 speed and -- so yeah, that was an unfunded 9 mandate, and we did pass it in the interests. 10 Now, how could we do it if we 11 decided that that was important enough? We 12 would pass it by a two-thirds majority. 13 SENATOR LIZ KRUEGER: Thank you. 14 And, Mr. President, if the sponsor would 15 continue to yield. 16 SENATOR LITTLE: Yes. 17 SENATOR LIZ KRUEGER: Thank you. 18 Earlier today we just did a -- 19 actually, Senator Klein had a debate with 20 Senator LaValle over the homeless sex offender 21 registration. And we passed it, I think close 22 to unanimously. And again, this will clearly 23 increase the costs at the local level, 24 certainly if I was speaking for New York City, 25 of having to cross-check people every 10 days

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(518) 371-8910 1 as opposed to 90 days or 180 days. 2 Would, under your constitutional 3 amendment, that bill also then not meet the 4 standard? 5 SENATOR LITTLE: I believe that, 6 depending on the cost, again, and the 7 exceptions -- there are other exceptions for 8 state laws that comply with federal laws. But 9 if you were going to do an unfunded mandate 10 over that $20,000, you would have to have a 11 fiscal analysis, you would have to have a 12 public hearing before passage, and you would 13 have to make the public aware that this is 14 what we are doing. 15 SENATOR LIZ KRUEGER: Thank you. 16 Mr. President, on the bill. Thank 17 you. I appreciate the Senator's answers to my 18 questions. 19 And I struggle with my own decision 20 about the bill because, again, I think all of 21 us here understand the abject concerns of our 22 local governments that we pass laws that 23 translate into some of the costs or all of the 24 costs translating to them. 25 If I take any calendar of any day

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(518) 371-8910 1 on this floor, I'm going to find bills we 2 passed that I don't believe would meet your 3 standard of being allowable under this 4 constitutional amendment without a much more 5 complex process as you've described: 6 Hearings, which I always support for 7 legislation, fiscal analysis, which I strongly 8 support for all legislation. I'm always 9 amazed we have so many bills that make it to 10 the floor with fiscal notes that haven't been 11 done; we're not even explaining how we're 12 going to pay for them. And I also agree with 13 the importance of two-thirds bills, because I 14 also think that increases representation on 15 both sides of the aisle of bills. 16 So I have a dilemma. I agree with 17 so much of this. I like two-thirds bills. I 18 like fiscal analysis. I like public hearings. 19 But I also think through the bills we pass 20 every day. Again, I just used a couple of 21 examples from this book. But take any day, 22 any Third Reading Calendar, any active list; 23 we're passing bills that wouldn't meet your 24 standard. 25 And so I would make the argument to

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(518) 371-8910 1 you, you have a very radical proposal here in 2 the context of the New York State Senate. I 3 tend to actually like radical proposals. I'm 4 that kind of legislator. I want us to 5 challenge what we're doing. 6 And yet I still think that there's 7 any number of examples where we would be sorry 8 if we trapped ourselves in a constitutional 9 amendment without further public hearing, 10 discussion and review of what the impact of 11 this would be. 12 So I'm also concerned that we're 13 not even meeting the test I think you would 14 like us to have for this bill. Now, granted 15 it would have to go through both houses -- 16 ACTING PRESIDENT GRIFFO: Senator 17 Little, why do you rise? 18 SENATOR LITTLE: Thank you, 19 Mr. President. If I may respond. 20 SENATOR LIZ KRUEGER: Yes. 21 ACTING PRESIDENT GRIFFO: Senator 22 Little. 23 SENATOR LITTLE: A constitutional 24 amendment, this is first passage. Second 25 passage would begin in '09. And if we passed

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(518) 371-8910 1 it in '09, it would be before the voters in 2 November of 2009. And I believe there would 3 be plenty of public discussion, plenty of 4 hearings, and this bill would certainly grab a 5 lot of attention statewide. 6 The other thing that in your 7 discussion you brought up is that if we are 8 enacting something here in the Senate that we 9 think is very, very important for our 10 communities to do, then it should be just as 11 important for the state to pay those costs as 12 for the local governments to have to pay those 13 costs. 14 ACTING PRESIDENT GRIFFO: Senator 15 Krueger. 16 SENATOR LIZ KRUEGER: Thank you. 17 Thank you, Mr. President, to continue. 18 In fact, Senator Little spoke on 19 exactly what I was going to say, that because 20 it's a constitutional amendment it does need 21 to go through both houses twice before it goes 22 to the public for a vote. 23 And in fact, I was going to agree 24 completely with you that this is an opening 25 discussion about something that will require

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(518) 371-8910 1 much more detail. 2 And I also share with you the view 3 that if we went down this road, we would 4 inevitably find ourselves either choosing to 5 reduce the amount of legislation we pass and 6 mitigate ourselves what we are mandating on 7 our locals and/or would end up shifting the 8 requirements of who pays for what in New York 9 State, which I believe would get us eventually 10 to a statewide equity system for tax policy, 11 something I'm looking forward to. 12 So I'm having the conversation I 13 appreciated here on the floor today to say 14 that I find this incredibly fascinating and 15 intellectually challenging to what the role of 16 the state government is versus local 17 government, how we would make decisions up 18 here under a new purview in the constitution, 19 what it would mean at the local level, what it 20 would mean for fiscal analysis and shifting 21 from local to state tax policy. 22 And so because of that, despite 23 concerns that I might have at the end of the 24 day of how this might play out, I'm actually 25 going to urge support of this constitutional

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(518) 371-8910 1 amendment at this point in time in order to 2 continue the discussion and the debate with 3 the 19 million New Yorkers who are impacted 4 every day by bills we pass that perhaps we 5 have not given enough thought to or evaluated 6 the outcome of. 7 So I want to thank the sponsor for 8 the legislation. Again, at the end of the 9 day, by the second round or a public vote, I 10 might have concluded that I would want to 11 change my mind. But right now, I think that 12 this type of radical proposal is well worth it 13 in the 21st century for the state. 14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Is 16 there any other Senator wishing to be heard? 17 The debate is closed. The 18 Secretary will ring the bell. 19 The Secretary will call the roll on 20 the Concurrent Resolution. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT GRIFFO: Senator 23 Schneiderman, to explain his vote. 24 And, Senator Schneiderman, we will 25 be invoking Rule 9(3)(e), two minutes.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Thank you, 2 Mr. President. That's one of my favorite 3 rules. 4 I am rising to note that all of 5 this concern over unfunded mandates appears to 6 omit one salient fact. There's not one 7 unfunded mandate that has been imposed by the 8 State of New York on local governments since 9 I've been here that has not been through a 10 bill put on the floor by the Majority and 11 passed in this house by the Majority. Every 12 unfunded mandate, ladies and gentlemen, comes 13 from you. 14 So if you want to put a 15 constitutional amendment out there to say 16 please stop us from beating you up, there's a 17 simpler solution. Why don't you and the 18 Republican Majority stop passing unfunded 19 mandates? 20 I'm going to support this bill, 21 Mr. President, in the spirit of bringing to 22 light the extraordinarily and remarkable 23 hypocrisy which we celebrate here today, and I 24 hope this debate will go forward. 25 ACTING PRESIDENT GRIFFO: How do

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(518) 371-8910 1 you vote? 2 SENATOR SCHNEIDERMAN: Oh, I'm 3 for it. 4 ACTING PRESIDENT GRIFFO: Senator 5 Schneiderman to be recorded in the 6 affirmative. 7 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1652 are 10 Senators Connor, Montgomery, Perkins and 11 Sabini. 12 Absent from voting: Senators 13 Gonzalez, Hassell-Thompson, Huntley, Rath and 14 Serrano. 15 Ayes, 51. Nays, 4. 16 ACTING PRESIDENT GRIFFO: The 17 resolution is adopted. 18 THE SECRETARY: Calendar Number 19 1660, by Senator Libous, Senate Print 7132, an 20 act to amend the Executive Law, in relation to 21 requiring state agencies. 22 SENATOR DUANE: Explanation. 23 ACTING PRESIDENT GRIFFO: 24 Explanation, Senator Libous. 25 SENATOR LIBOUS: Mr. President, I

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(518) 371-8910 1 am extremely happy that Senator Duane asked 2 for an explanation, because I was going to lay 3 this bill aside myself just to explain it. 4 It's a great bill, and I'm going to 5 explain what it does, because it's going to 6 help everybody in this chamber. It is the 7 "Honesty in Permit Progressing Act." And, for 8 those of you who like acronyms, HIPPA. 9 What it does, basically, we have a 10 lot of agencies that give out permits, and we 11 all get very frustrated because constituents 12 call us, constituents call us because at the 13 State Liquor Authority a request for a license 14 went in, the application went in, and four or 15 five -- Mr. President, there's a lot of noise 16 in the chamber. 17 ACTING PRESIDENT GRIFFO: May we 18 have order in the chamber, please. 19 SENATOR LIBOUS: Thank you. 20 And four or five months go by, and 21 then we end up calling the agency and asking 22 the agency, "Gee, what's going on? Where's 23 the permit?" And, you know, we go back to the 24 constituent and say that the agency is working 25 on it.

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(518) 371-8910 1 And then there are young people who 2 go to college and get their teaching license 3 and then they apply to the State Education 4 Department for their license so they can go 5 off into the world and educate our children, 6 and we get phone calls because they want to go 7 to work and they're still waiting two, three, 8 four months because the permit is sitting on 9 somebody's desk in the State Education 10 Department and they just haven't signed off on 11 it. 12 And it goes on and on and on and on 13 and on, with a whole host of permitting 14 agencies in the State of New York. 15 What this bill does, Mr. President, 16 is basically require the agencies to come back 17 to the Legislature and the Governor and say, 18 for a liquor license it takes X number of days 19 and X number of months, and for an education 20 license it takes X number of days, X number of 21 months, whatever. And they'll set a standard, 22 they'll come back to us, and now we can call 23 our constituents and say that, you know, it 24 takes -- for a liquor license, hypothetically, 25 it takes two months to get a license.

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(518) 371-8910 1 And if it takes three or four, then 2 they will be penalized in that the application 3 fee that they paid will have to go back to the 4 applicant because the agency did not fulfill 5 its responsibility. 6 This is a consumer-oriented bill, 7 this is a pro-business bill. This basically 8 helps us to get people their licenses and 9 their permits. And it only pertains to those 10 agencies who issue a hundred permits or more 11 on an annual basis. 12 Mr. President, this is something 13 that I think is long overdue, it's good 14 legislation. As I said, it's pro-consumer 15 legislation. It's going to help each member 16 in this chamber and their office staff with 17 efficiency in responding to their 18 constituents. I certainly urge all my 19 colleagues to vote aye. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Libous. 22 Senator Montgomery, why do you 23 rise? 24 SENATOR MONTGOMERY: Yes, 25 Mr. President, I rise to support this

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(518) 371-8910 1 legislation. 2 I think certainly that Senator 3 Libous is correct, it will help all of us to 4 know exactly what is going on on behalf of our 5 constituents as it relates to the agencies 6 that issue permits. 7 I only wish, Senator Libous, that 8 you had included in your bill information on 9 how many permits or licenses were refused by 10 an agency and the reason why people are 11 refused. 12 I am interested in knowing whether 13 or not our state agencies are actually 14 breaking the state law, which says that we are 15 not to discriminate against a person, 16 especially people who, because they've been 17 incarcerated, they've served their time, they 18 have every other aspect of their citizenship 19 returned, and they still are refused to be 20 able to get permits and licenses in certain 21 cases. 22 So I would really like to see if we 23 could -- if you might consider at some point 24 adding to this information from those agencies 25 requiring them to tell us how many licenses

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(518) 371-8910 1 they refused and what reasons and who was 2 refused, so that we can evaluate whether or 3 not they're actually fulfilling the mandate of 4 the state law in that regard. 5 And with that, Mr. President, I 6 thank you, and I'm voting yes on this 7 legislation. 8 ACTING PRESIDENT GRIFFO: Thank 9 you. 10 Any other Senator wishing to be 11 heard? 12 Debate is closed. The Secretary 13 will ring the bell. 14 Read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the first of April 17 next succeeding. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Recorded in the 22 negative: Senator Perkins. 23 Absent from voting: Senators 24 Gonzalez, Hassell-Thompson, Huntley, Rath and 25 Serrano.

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(518) 371-8910 1 Ayes, 54. Nays, 1. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1661, by Senator Golden, Senate Print 322, an 6 act to amend the Elder Law, in relation to 7 creating. 8 ACTING PRESIDENT GRIFFO: Senator 9 Smith. 10 SENATOR SMITH: Thank you, 11 Mr. President. 12 I believe there is an amendment at 13 the desk, and I ask that the amendment be 14 waived and ask that I be heard on the 15 amendment. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator. The reading is waived and you 18 may be heard on the amendment. 19 Senator Golden, why do you rise? 20 SENATOR GOLDEN: Point of order, 21 Mr. President. 22 ACTING PRESIDENT GRIFFO: Please 23 state your point of order. 24 SENATOR GOLDEN: This is a 25 state's benefit card that was put together as

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(518) 371-8910 1 a statewide program, and it deals with helping 2 our seniors across the State of New York live 3 a healthier and longer life. And by creating 4 this card, this card would give them access to 5 many, many discounts. And in the future, this 6 card would be used as a card for food stamps 7 or EPIC or Medicaid or the federal 8 pharmaceutical benefits program somewhere down 9 in the near future. 10 So this card is a card that can be 11 used for all of our seniors across the state. 12 The amendment that I looked at is a citywide 13 bill for the City of New York and not germane 14 to the statewide issue that we are presently 15 engaged in. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Golden. 18 Senator Golden's point of order is 19 on whether or not the amendment is germane. 20 Upon consultation with counsel, your point is 21 well-taken. 22 The amendment is not considered 23 germane, Senator Smith. 24 SENATOR DUANE: Mr. President, 25 point of order.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Duane, what is your point of order? 3 SENATOR DUANE: Mr. President, I 4 believe that the definition of "germane" is 5 being at once relevant and appropriate and 6 having to do with the matter at hand. 7 ACTING PRESIDENT GRIFFO: Senator 8 Duane, are you attempting to overrule the 9 ruling of the chair? 10 SENATOR MONTGOMERY: Yes. 11 ACTING PRESIDENT GRIFFO: Please 12 state your point. 13 (Laughter.) 14 ACTING PRESIDENT GRIFFO: Please 15 state your point. 16 SENATOR DUANE: Yes, 17 Mr. President. Though sometimes I actually 18 have to think before I answer, because I get 19 into a lot of trouble if I don't think before 20 I answer. So I appreciate your indulging me 21 on thinking, which can also get me into 22 trouble. 23 But anyway, I believe if you look 24 at Senate Bill 322, lines 1 through 7, and 25 I'll give you a moment to take a look at that,

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(518) 371-8910 1 those lines state in part that "The 2 Legislature hereby finds and declares that 3 access to healthy foods can make a significant 4 difference in the quality and length of the 5 life of seniors, and that the voluntary 6 program created by this act, with the 7 education and outreach program instituted by 8 the State Office for the Aging" -- 9 ACTING PRESIDENT GRIFFO: Thank 10 you, Senator Duane. Your point -- 11 SENATOR DUANE: Therefore, 12 Mr. President -- 13 ACTING PRESIDENT GRIFFO: Senator 14 Duane -- 15 SENATOR DUANE: Therefore, Mr. 16 President, the bill is germane, our bill is 17 germane to the extent that it applies to 18 programs undertaken or authorized by the -- 19 ACTING PRESIDENT GRIFFO: Senator 20 Duane, the chair rules that you're out of 21 order. 22 SENATOR DUANE: Through you, Mr. 23 President -- 24 ACTING PRESIDENT GRIFFO: Do you 25 have a point, an additional point of order?

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(518) 371-8910 1 SENATOR DUANE: Mr. President, my 2 point of order, then I would like a vote on 3 that. 4 ACTING PRESIDENT GRIFFO: Would 5 you like to appeal the ruling of the chair, 6 then? 7 SENATOR DUANE: Yes, I would, 8 Mr. President. 9 ACTING PRESIDENT GRIFFO: The 10 question shall be on the ruling of the chair, 11 should it be overruled. All in favor signify 12 say aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT GRIFFO: 15 Opposed. 16 (Response of "Nay.") 17 ACTING PRESIDENT GRIFFO: The 18 ruling stands. 19 SENATOR DUANE: Mr. President, I 20 would request that we have a hand count on 21 that, because it sounded to me like the ayes 22 had it. 23 ACTING PRESIDENT GRIFFO: Senator 24 Duane, the motion to overrule the chair has 25 failed.

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(518) 371-8910 1 SENATOR DUANE: Mr. President, as 2 long as -- 3 ACTING PRESIDENT GRIFFO: Senator 4 Duane. You are out of order, Senator Duane. 5 SENATOR DUANE: -- as long as 6 five of my members or any members stand, we 7 are entitled to have a slow roll. 8 ACTING PRESIDENT GRIFFO: Very 9 good, Senator Duane. Do five members stand? 10 Five members have stood. We will 11 have a slow roll call. 12 The Secretary will read the slow 13 roll call. 14 SENATOR DUANE: Mr. President. 15 ACTING PRESIDENT GRIFFO: There's 16 no debate on a roll call, Senator Duane. Why 17 do you rise? 18 SENATOR DUANE: I know that, 19 Mr. President. I would like a point of 20 clarification. 21 I just want to make sure that 22 voting yes is to be in agreement with my 23 challenge, and voting no is to be in agreement 24 with your denial. 25 ACTING PRESIDENT GRIFFO:

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(518) 371-8910 1 Correct. Senator, yes, that is correct. 2 The Secretary will call the roll. 3 The question is shall the ruling of the chair 4 be overruled. 5 THE SECRETARY: Senator Adams, 6 excused. 7 Senator Alesi. 8 SENATOR ALESI: No. 9 THE SECRETARY: Senator 10 Aubertine. 11 SENATOR AUBERTINE: Yes. 12 THE SECRETARY: Senator Bonacic. 13 (No response.) 14 THE SECRETARY: Senator Breslin. 15 SENATOR BRESLIN: Yes. 16 THE SECRETARY: Senator Bruno, 17 no. 18 Senator Connor. 19 SENATOR CONNOR: Aye. 20 THE SECRETARY: Senator 21 DeFrancisco. 22 SENATOR DeFRANCISCO: No. 23 THE SECRETARY: Senator Diaz. 24 SENATOR DIAZ: Si. 25 THE SECRETARY: Senator Dilan.

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(518) 371-8910 1 SENATOR DILAN: Yes. 2 THE SECRETARY: Senator Duane. 3 SENATOR DUANE: Yes. 4 THE SECRETARY: Senator Farley. 5 SENATOR FARLEY: No. 6 THE SECRETARY: Senator Flanagan. 7 SENATOR FLANAGAN: No. 8 THE SECRETARY: Senator 9 Fuschillo. 10 SENATOR FUSCHILLO: No. 11 THE SECRETARY: Senator Golden. 12 SENATOR GOLDEN: No. 13 THE SECRETARY: Senator Gonzalez. 14 (No response.) 15 THE SECRETARY: Senator Griffo. 16 SENATOR GRIFFO: No. 17 THE SECRETARY: Senator Hannon. 18 SENATOR HANNON: No. 19 THE SECRETARY: Senator 20 Hassell-Thompson. 21 (No response.) 22 THE SECRETARY: Senator Huntley. 23 (No response.) 24 THE SECRETARY: Senator C. 25 Johnson.

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(518) 371-8910 1 SENATOR CRAIG JOHNSON: Yes. 2 THE SECRETARY: Senator O. 3 Johnson. 4 SENATOR OWEN JOHNSON: No. 5 THE SECRETARY: Senator Klein. 6 SENATOR KLEIN: Yes. 7 THE SECRETARY: Senator 8 L. Krueger. 9 SENATOR LIZ KRUEGER: Yes. 10 THE SECRETARY: Senator C. 11 Kruger, excused. 12 Senator Lanza. 13 SENATOR LANZA: No. 14 THE SECRETARY: Senator Larkin. 15 SENATOR LARKIN: No. 16 THE SECRETARY: Senator LaValle. 17 SENATOR LaVALLE: No. 18 THE SECRETARY: Senator Leibell. 19 SENATOR LEIBELL: No. 20 THE SECRETARY: Senator Libous. 21 SENATOR LIBOUS: No. 22 THE SECRETARY: Senator Little. 23 SENATOR LITTLE: No. 24 THE SECRETARY: Senator Maltese. 25 SENATOR MALTESE: No.

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(518) 371-8910 1 THE SECRETARY: Senator 2 Marcellino. 3 SENATOR MARCELLINO: No. 4 THE SECRETARY: Senator Maziarz. 5 SENATOR MAZIARZ: No. 6 THE SECRETARY: Senator 7 Montgomery. 8 SENATOR MONTGOMERY: Yes. 9 THE SECRETARY: Senator Morahan. 10 SENATOR MORAHAN: No. 11 THE SECRETARY: Senator Nozzolio. 12 SENATOR NOZZOLIO: No. 13 THE SECRETARY: Senator Onorato. 14 SENATOR ONORATO: Yes. 15 THE SECRETARY: Senator 16 Oppenheimer. 17 (No response.) 18 THE SECRETARY: Senator Padavan. 19 SENATOR PADAVAN: No. 20 THE SECRETARY: Senator Parker. 21 SENATOR PARKER: Yes. 22 THE SECRETARY: Senator Perkins. 23 SENATOR PERKINS: Yes. 24 THE SECRETARY: Senator Rath. 25 (No response.)

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(518) 371-8910 1 THE SECRETARY: Senator Robach. 2 SENATOR ROBACH: No. 3 THE SECRETARY: Senator Sabini. 4 SENATOR SABINI: Aye. 5 THE SECRETARY: Senator Saland. 6 SENATOR SALAND: No. 7 THE SECRETARY: Senator Sampson. 8 SENATOR SAMPSON: Yes. 9 THE SECRETARY: Senator Savino. 10 SENATOR SAVINO: Yes. 11 THE SECRETARY: Senator 12 Schneiderman. 13 SENATOR SCHNEIDERMAN: Yes. 14 THE SECRETARY: Senator Serrano. 15 (No response.) 16 THE SECRETARY: Senator Seward. 17 SENATOR SEWARD: No. 18 THE SECRETARY: Senator Skelos. 19 SENATOR SKELOS: No. 20 THE SECRETARY: Senator Smith. 21 SENATOR SMITH: Yes. 22 THE SECRETARY: Senator 23 Stachowski. 24 SENATOR STACHOWSKI: Yes. 25 THE SECRETARY: Senator Stavisky.

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(518) 371-8910 1 SENATOR STAVISKY: Aye. 2 THE SECRETARY: Senator 3 Stewart-Cousins. 4 SENATOR STEWART-COUSINS: Yes. 5 THE SECRETARY: Senator Thompson. 6 SENATOR THOMPSON: Yes. 7 THE SECRETARY: Senator Trunzo. 8 SENATOR TRUNZO: No. 9 THE SECRETARY: Senator Valesky. 10 SENATOR VALESKY: Yes. 11 THE SECRETARY: Senator Volker. 12 SENATOR VOLKER: No. 13 THE SECRETARY: Senator Winner. 14 SENATOR WINNER: No. 15 THE SECRETARY: Senator Young. 16 SENATOR YOUNG: No. 17 ACTING PRESIDENT GRIFFO: The 18 Secretary will call the absentees. 19 THE SECRETARY: Senator Bonacic. 20 SENATOR BONACIC: No. 21 THE SECRETARY: Senator Gonzalez. 22 (No response.) 23 THE SECRETARY: Senator 24 Hassell-Thompson. 25 (No response.)

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(518) 371-8910 1 THE SECRETARY: Senator Huntley. 2 (No response.) 3 THE SECRETARY: Senator 4 Oppenheimer. 5 (No response.) 6 THE SECRETARY: Senator Rath. 7 (No response.) 8 THE SECRETARY: Senator Serrano. 9 (No response.) 10 ACTING PRESIDENT GRIFFO: 11 Announce the results. 12 THE SECRETARY: Ayes, 23. Nays, 13 31. 14 ACTING PRESIDENT GRIFFO: The 15 ruling of the chair is sustained. 16 Are there any Senators wishing to 17 be heard on the bill? 18 The debate is closed. The 19 Secretary will ring the bell. 20 Read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 55. Nays, 2 0. 3 Absent from voting on Calendar 4 Number 1661 are Senators Gonzalez, 5 Hassell-Thompson, Huntley, Rath and Serrano. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1662, by Senator Duane, Senate Print 7226, an 10 act to amend the Environmental Conservation 11 Law -- 12 SENATOR MARCELLINO: 13 Explanation. 14 ACTING PRESIDENT GRIFFO: 15 Explanation, Senator Duane. 16 SENATOR DUANE: Thank you, 17 Mr. President. I know my colleagues can't get 18 enough of this voice. 19 This bill allows the commissioner 20 of the Department of Environmental 21 Conservation to establish a civil penalty of 22 up to $10,000 for violations -- that is, after 23 notice and opportunity for hearing -- by 24 dealers and exhibitors who violate federal 25 laws related to direct contact between a big

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(518) 371-8910 1 cat -- and what is a big cat? Lions, tigers, 2 leopards, cheetahs, jaguars, mountain lions -- 3 and a member or members of the public. 4 The bill does not apply to an 5 exhibitor or a zoo accredited by or in good 6 standing with the Association of Zoos and 7 Aquariums and operated with sufficient regard 8 to public safety. 9 Now, seriously and tragically, 10 there have been recent incidents of members of 11 the public getting too close to big cats like 12 lions, tigers, et cetera, and that has caused 13 injuries and in some cases death. And also 14 very sadly, it forces that these big cats be 15 put to sleep as a result. 16 So this bill is designed to help 17 make it so that this unfortunate and tragic 18 situation does not occur. 19 Now, my bill is in large part 20 precipitated by Haley's Act, which is named 21 after 17-year-old Haley Hilderbrand, who was 22 mauled to death while posing with a 550-pound 23 tiger for her senior photo at a USDA-licensed 24 facility. 25 Now, while there are many

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(518) 371-8910 1 USDA-licensed facilities housing dangerous 2 cats, these zoos and sanctuaries account for 3 less than one-third of the USDA-licensed 4 facilities, and the bulk of them, the rest of 5 them are being used by backyard breeders and 6 roadside tourist traps, flea market 7 attractions, and people who call themselves 8 educators, and I'm putting that in quotes, and 9 they charge a fee to bring a lion or a tiger 10 into a classroom or a party. 11 And bringing big cats, though they 12 may seem tame and not at all dangerous, is 13 actually very, very dangerous. And if not 14 handled properly, they cause a tremendous 15 danger. And sometimes, unfortunately, young 16 people are most at risk because the people 17 handling them should not be handling them and 18 the tigers or cats or leopards or whatever 19 other big cat has not been properly housed and 20 there's not proper supervision. 21 You know, oftentimes this starts 22 with just using a cub, which obviously are 23 less dangerous. But there's a very slippery 24 slope which occurs. And people pay to have 25 their photos taken or children pay to have

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(518) 371-8910 1 their photo taken or to pet them, and they 2 seem very cute and cuddly. However, these 3 cats can quickly grow into dangerous 4 predators. 5 And again, it's not their fault, 6 it's what they are as animals. That's their 7 natural way to be. And if one of them mauls 8 or kills a child or an adult, that's terrible 9 in and of itself, and it's compounded because 10 the animal needs to be killed as a result. 11 So this bill will dovetail along 12 with Haley's Act and actually provide 13 protection for people and also protection for 14 these large and wild cats which should not be 15 put in front of the public without proper 16 supervision. So for the safety of our 17 citizens, as well as to preserve these breeds 18 of large cats, I am urging my colleagues to 19 vote in the affirmative. 20 Thank you, Mr. President. 21 ACTING PRESIDENT GRIFFO: Senator 22 Skelos. 23 SENATOR SKELOS: Thank you, 24 Mr. President. Would Senator Duane yield for 25 a series of questions.

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(518) 371-8910 1 (Laughter.) 2 ACTING PRESIDENT GRIFFO: Senator 3 Duane, will you yield for a series of 4 questions? 5 SENATOR DUANE: Yes, 6 Mr. President, I will. 7 ACTING PRESIDENT GRIFFO: Senator 8 Skelos. 9 SENATOR SKELOS: Senator Duane, 10 would this apply to feral cats or large 11 pussycats? 12 SENATOR DUANE: No, 13 Mr. President, it would not apply to even 14 chubby pussycats, no. 15 (Laughter.) 16 ACTING PRESIDENT GRIFFO: Senator 17 Skelos. 18 SENATOR SKELOS: Mr. President, 19 if Senator Duane would yield for another 20 question. 21 ACTING PRESIDENT GRIFFO: Senator 22 Duane? 23 SENATOR DUANE: I would be, as 24 always, pleased to yield. 25 SENATOR SKELOS: It's my

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(518) 371-8910 1 understanding that under the legislation that 2 the Commissioner of Environmental Conservation 3 can exempt some zoos from this requirement. 4 Is there a particular department 5 within the Department of Environmental 6 Conservation that deals with these types of 7 issues? What criteria is there in making this 8 determination as to whether a zoo should be 9 exempt? 10 SENATOR DUANE: Through you, 11 Mr. President, the overarching authority is 12 based upon that a zoo be accredited and in. 13 Good standing with the Association of Zoos and 14 Aquariums. And within DEC there is a 15 department which deals with animals, and this 16 would fall under that jurisdiction. 17 But the overarching -- the 18 controlling -- that the zoo in good standing 19 would be based on the Association of Zoos and 20 Aquariums. 21 ACTING PRESIDENT GRIFFO: Senator 22 Skelos. 23 SENATOR SKELOS: Mr. President, 24 if Senator Duane would yield for another 25 question.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Duane? 3 SENATOR DUANE: Yes, 4 Mr. President. 5 ACTING PRESIDENT GRIFFO: Senator 6 Skelos. 7 SENATOR SKELOS: Senator Duane, 8 you mentioned that there could be civil 9 penalties of up to $10,000 for violations of 10 this legislation. I think you also have 11 within the law that an exhibitor or a dealer 12 could be subject up to one year of 13 imprisonment and a $10,000 fine if this is 14 violated. Is that correct? 15 SENATOR DUANE: With a 16 clarification, Mr. President. That would only 17 occur, the fine or the potential imprisonment, 18 after notice and an opportunity for a hearing. 19 ACTING PRESIDENT GRIFFO: Senator 20 Skelos. 21 SENATOR SKELOS: Mr. President, 22 if Senator Duane would yield to another 23 question. 24 ACTING PRESIDENT GRIFFO: Senator 25 Duane?

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(518) 371-8910 1 SENATOR DUANE: Yes, 2 Mr. President. 3 ACTING PRESIDENT GRIFFO: Senator 4 Skelos. 5 SENATOR SKELOS: Senator Duane, I 6 know on a number of occasions yourself and 7 other members of your conference, when we've 8 looked to increase the penalties for issues 9 such as sex offenders not registering, other 10 legislation concerning criminals, that there 11 has been, from a number of members of your 12 conference, a consistent vote against this 13 type of legislation. 14 I'm just wondering whether, in your 15 mind, that one year in jail is appropriate -- 16 and I'm going to support the legislation -- is 17 appropriate for a person that violates this 18 law, yet for sex offenders and others who 19 commit violent crimes, at times misdemeanors 20 are appropriate. 21 SENATOR DUANE: Mr. President, I 22 think if you looked at my record -- and I'm 23 not going to pretend to agree -- to speak for 24 every member of my conference, because we're a 25 Democratic conference and people have their

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(518) 371-8910 1 own opinions and points of view on criminal 2 justice and other issues. But I believe if 3 you look at my record, there's a pretty good 4 consistency on protecting children in all 5 cases of crimes that are committed against 6 them. So this would be consistent with my 7 philosophy. 8 In terms of consistency on sex 9 offenses in general, I just would call 10 everyone's attention to a piece of legislation 11 today which I believe was sponsored by Senator 12 Skelos which I voted in the affirmative on. 13 So I cannot promise that I'm a 14 hundred percent consistent on everything. As 15 I mentioned before, similarly to before I 16 speak I try to think, I try to think before I 17 vote. So I may not always be consistent, but 18 there is generally a good reason if there's a 19 variation in my vote on various issues. 20 But in this case, in terms of 21 protecting children, whether from predatory 22 adults or when an animal, through no fault of 23 its own, because of its natural inclinations, 24 puts a child at risk, my support and putting 25 this bill forward is consistent with that

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(518) 371-8910 1 philosophy. 2 ACTING PRESIDENT GRIFFO: Senator 3 Skelos. 4 SENATOR SKELOS: If Senator Duane 5 would yield for another question. 6 ACTING PRESIDENT GRIFFO: Senator 7 Duane, do you yield? 8 SENATOR DUANE: Yes. 9 ACTING PRESIDENT GRIFFO: Senator 10 Skelos. 11 SENATOR SKELOS: Senator Duane, 12 is there an Assembly sponsor to this 13 legislation? 14 SENATOR DUANE: Mr. President, at 15 this time there is not. However, I expect by 16 the end of this week that there will be. 17 And in all candor, there was -- 18 there were -- it was hard for me to choose 19 which of the Assembly members who wanted this 20 bill, it was hard for me to choose which one 21 to give it to. And that was my conundrum, 22 because I don't like to let people down. But 23 there will be one, I'm going to have to make 24 that choice by the end of this week. 25 SENATOR SKELOS: Thank you,

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(518) 371-8910 1 Senator Duane. 2 If Senator Duane would yield for 3 one more question. 4 ACTING PRESIDENT GRIFFO: Senator 5 Duane, do you continue to yield? 6 SENATOR DUANE: Yes, 7 Mr. President. 8 ACTING PRESIDENT GRIFFO: Senator 9 Skelos. 10 SENATOR SKELOS: Senator Duane, I 11 would just ask in the future when Senator 12 Schneiderman admonishes this conference about 13 wasting the Senate's time on one-house bills, 14 that you remind him in the future that we're 15 voting on a one-house bill right now. 16 And certainly, as I said, I'll be, 17 you know, supportive of the legislation. I'm 18 just wondering whether those within your 19 conference who vote against bills because they 20 consider them one-house or they think the 21 penalties are too severe, you know, I hope 22 they support you in this bill. 23 SENATOR DUANE: Thank you. 24 Mr. President, I want to say a 25 couple of things. One is I'd like to open up

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(518) 371-8910 1 sponsorship of this bill to all members on 2 both sides of the aisle, and I'm going to 3 encourage the lucky Assembly sponsor to do the 4 same thing. 5 Also, it was such a pleasant 6 surprise to see this bill come out of Rules, 7 it was such a surprise -- and who doesn't love 8 a surprise? I was surprised that it came out. 9 And part of my celebration will be to hurry up 10 and get an Assembly sponsor for the bill. 11 And finally, I wish my conference 12 would do what I said all the time, but 13 unfortunately they don't. And I'm just going 14 to have to live with that burden of 15 independence. But I have a feeling they heard 16 you, and I will let them decide on their own 17 regarding your advice, and I trust that 18 they'll make a good decision. 19 Thank you. 20 ACTING PRESIDENT GRIFFO: Senator 21 Bonacic. 22 SENATOR BONACIC: Yes. Will the 23 sponsor yield for a couple of questions. 24 ACTING PRESIDENT GRIFFO: Senator 25 Duane, do you yield?

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(518) 371-8910 1 SENATOR DUANE: More than a 2 couple. From Senator Bonacic? He couldn't 3 have enough questions for me. 4 ACTING PRESIDENT GRIFFO: Senator 5 Bonacic. 6 SENATOR BONACIC: This kind of 7 legislation is kind of unique to me. I 8 haven't seen this subject matter before. So 9 I'd like to inquire -- 10 SENATOR DUANE: And I am a unique 11 Senator. 12 SENATOR BONACIC: Do you know 13 what's required to get a federal license for 14 this kind of business? 15 SENATOR DUANE: You know, I have 16 to honestly say I'm not familiar with 17 everything that's needed, but -- so I'm a 18 little loath to answer that question. 19 SENATOR BONACIC: Okay. Do you 20 know how many federal licenses there are in 21 the State of New York that would cover this 22 kind of activity? 23 I would take yes or no if you're 24 not -- 25 SENATOR DUANE: You know, I did

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(518) 371-8910 1 know, and I -- but at this moment I don't 2 know. Again, I -- between yesterday and 3 today, I apologize that I didn't bring that 4 information with me, because I should have 5 known that this bill would be coming to the 6 floor today. 7 But I did know -- I don't know, but 8 I could get that to you very quickly. 9 SENATOR BONACIC: Okay. 10 ACTING PRESIDENT GRIFFO: Senator 11 Bonacic. 12 SENATOR BONACIC: I don't have a 13 sense of the assets or the size of this kind 14 of a business that would have a federal 15 license in the State of New York. In other 16 words, are these corporate businesses with 17 significant assets and employees? I just 18 don't know. And if you had any knowledge on 19 it, I would appreciate it. 20 ACTING PRESIDENT GRIFFO: Senator 21 Duane. 22 SENATOR DUANE: The reason for 23 this bill is to make sure that it's not just, 24 you know, sort of mom-and-pop backyard 25 organizations that would have these dangerous

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(518) 371-8910 1 cats, large cats available for birthday 2 parties, that it would only be organizations 3 like zoos and perhaps circuses, though I have 4 some mixed emotions about those as well, that 5 have the wherewithal and the expertise to 6 handle the animals in a humane and, specific 7 to this legislation, safe way. 8 And it's not my intention to put 9 out of business petting zoos that have, you 10 know, goats and calves, et cetera. But it is 11 my intention to put out of business 12 organizations that are not equipped to handle 13 these big dangerous cats. 14 ACTING PRESIDENT GRIFFO: Senator 15 Bonacic. 16 SENATOR BONACIC: Would you 17 continue to yield for just a couple more 18 questions. 19 ACTING PRESIDENT GRIFFO: Senator 20 Duane, do you continue to yield? 21 SENATOR DUANE: Absolutely, 22 Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Bonacic. 25 SENATOR BONACIC: The explanation

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(518) 371-8910 1 talks of direct contact with cats. So if an 2 individual was in close proximity, this 3 legislation wouldn't apply, it would have to 4 be physical contact, the touching of the 5 animal? 6 SENATOR DUANE: Mr. President, 7 the point of the legislation -- I'm not 8 expecting DEC commissioners to comb every 9 valley and mountain in New York State to see 10 if people are keeping these big cats 11 illegally. 12 What I'm trying to prevent is 13 children and adults from coming into contact 14 with them, for instance, for photo ops or 15 petting, for hire. Because I think that that 16 could precipitate a dangerous and potentially 17 deadly situation for the child, the person, 18 and for the animal as well. 19 So it's really just for those who 20 would be charging and not have the expertise 21 to make sure that the animals are kept in a 22 safe relationship from children or adults. 23 ACTING PRESIDENT GRIFFO: Senator 24 Bonacic. 25 SENATOR BONACIC: Will you

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(518) 371-8910 1 continue to yield for just a couple more? 2 ACTING PRESIDENT GRIFFO: Senator 3 Duane? 4 SENATOR DUANE: Certainly. 5 SENATOR BONACIC: Is there any 6 other state in the United States that has this 7 legislation? 8 SENATOR DUANE: Through you, 9 Mr. President, there are other states with 10 bills pending. As of my last look, none of 11 those states have yet passed the bills. But 12 there is a national state-by-state movement to 13 pass these bills. 14 And it would be great if we were 15 the first, actually. And in particular, it 16 would be great if we beat California, because 17 you know they recently beat us on the whole 18 marriage thing, so it would be great if we 19 could beat them on this, similar to, you know, 20 the Red Sox and the Yankees, I guess. 21 But I anticipate that many other 22 states will pass similar legislation, but it 23 would be wonderful if we were the first 24 because there is a national movement with the 25 state-by-state strategy.

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(518) 371-8910 1 SENATOR BONACIC: So I take it no 2 other state has passed it yet. 3 ACTING PRESIDENT GRIFFO: Senator 4 Duane. 5 SENATOR DUANE: It is -- it is 6 possible that California has passed this 7 legislation, so I'm not a hundred percent 8 sure. I don't think that they did, but they 9 may have. And I don't know whether Governor 10 Schwarzenegger, if they did pass it, has 11 signed it. But again, I anticipate that they 12 will. And I will get the most up-to-date 13 information pretty much as soon as I get back 14 to my office. 15 ACTING PRESIDENT GRIFFO: Senator 16 Bonacic. 17 SENATOR BONACIC: My last 18 question, if I may. 19 ACTING PRESIDENT GRIFFO: Senator 20 Duane? 21 SENATOR DUANE: Certainly, Mr. 22 President. 23 SENATOR BONACIC: Senator Duane, 24 if someone were to be convicted under this 25 legislation, if it were to become law, would

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(518) 371-8910 1 that cause them to have their federal license 2 revoked because they would then be deemed a 3 criminal? And would that result in a loss of 4 business and jobs in this state? 5 SENATOR DUANE: Through you, 6 Mr. President, they would automatically be in 7 violation of federal law if they were 8 convicted of this, because under federal law 9 they should not be doing this anyway. 10 So I guess the answer would be yes, 11 they would. 12 SENATOR BONACIC: Thank you, 13 Senator Duane. 14 On the bill. 15 ACTING PRESIDENT GRIFFO: Senator 16 Bonacic, on the bill. 17 Senator DeFrancisco, why do you 18 rise? 19 SENATOR DeFRANCISCO: I was 20 wondering if I could have the opportunity to 21 ask Senator Duane a couple of questions. 22 SENATOR BONACIC: I defer to 23 Senator DeFrancisco. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Bonacic.

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(518) 371-8910 1 Senator Duane, are you yielding to 2 questions from Senator DeFrancisco? 3 SENATOR DUANE: Yes, Mr. 4 President. 5 SENATOR DeFRANCISCO: Senator 6 Duane, you indicated the purpose of this bill 7 is to avoid children being mauled by animals; 8 correct? 9 SENATOR DUANE: That is correct, 10 Mr. President. 11 SENATOR DeFRANCISCO: And the 12 animals that you want to prevent them being 13 mauled by are big cats; correct? 14 ACTING PRESIDENT GRIFFO: Senator 15 Duane. 16 SENATOR DUANE: That is correct, 17 Mr. President. 18 SENATOR DeFRANCISCO: Under your 19 bill, what is the minimum size of a big cat? 20 SENATOR DUANE: Mr. President, 21 the bill is defined as, per species, lions, 22 tigers, leopards, cheetahs, jaguars, mountain 23 lions. I think that's it. 24 ACTING PRESIDENT GRIFFO: Senator 25 DeFrancisco.

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(518) 371-8910 1 SENATOR DeFRANCISCO: Would you 2 yield to another question? 3 ACTING PRESIDENT GRIFFO: Senator 4 Duane, do you continue to yield? 5 SENATOR DUANE: Yes, Mr. 6 President. 7 SENATOR DeFRANCISCO: So is it 8 fair to say that a lion on the first day of 9 birth would be determined to be a big cat, 10 under your bill? 11 SENATOR DUANE: Mr. President, 12 yes, that is correct. 13 Because remember, the point of this 14 is that these are not just cuddly, cute little 15 animals, they are in fact something quite 16 different. They're not kittens of 17 domesticated cats, they are a member of a 18 species that is not domesticated. 19 ACTING PRESIDENT GRIFFO: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: Would you 22 yield to another question, please. 23 ACTING PRESIDENT GRIFFO: Senator 24 Duane, do you yield? 25 SENATOR DUANE: Yes, Mr.

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(518) 371-8910 1 President. 2 ACTING PRESIDENT GRIFFO: Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: If this 5 bill were to become law, would anyone 6 appearing on Jay Leno with a cuddly young baby 7 lion to show to Jay Leno -- or the former 8 Johnny Carson, as he did in the past -- an 9 animal for educational purposes for the 10 general public, would that person be violating 11 this law? 12 ACTING PRESIDENT GRIFFO: Senator 13 Duane. 14 SENATOR DUANE: Mr. President, 15 without knowing specifically who they are, I 16 can't answer that. 17 But I am assuming that those kinds 18 of television shows do not permit people to 19 bring animals on who are not properly licensed 20 or accredited and in good standing with 21 relevant state and federal agencies, 22 including, for instance, the Association of 23 Zoos and Aquariums. 24 And so -- well, I'll wait for more 25 questions.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 DeFrancisco. 3 SENATOR DeFRANCISCO: And just 4 one last question, if you would, Senator 5 Duane. 6 ACTING PRESIDENT GRIFFO: Senator 7 Duane? 8 SENATOR DUANE: Yes, 9 Mr. President. 10 ACTING PRESIDENT GRIFFO: Senator 11 DeFrancisco. 12 SENATOR DeFRANCISCO: Senator 13 Duane, your definition of exhibitors seems to 14 include just about anybody, any person 15 exhibiting any animals which were purchased in 16 commerce or the intended distribution of which 17 affects commerce, et cetera, et cetera. 18 Is there anybody under this bill, 19 under the language of this bill, that had a 20 baby animal of some type, one of these cats, 21 would there be anybody that would not be an 22 exhibitor under your definition? 23 SENATOR DUANE: Mr. President, 24 yes, I thought I had clarified this. For 25 instance, zoos. I would hope circuses that

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(518) 371-8910 1 are accredited, though again I have mixed 2 emotions about circuses and large animals. 3 But they all would be permitted to make their 4 animals in a safe manner available to be 5 viewed by the public. And anyone with a 6 license. 7 It's really just those who are 8 unlicensed and unaccredited. Again, because 9 of the safety issue, because they should not 10 be putting these animals in close contact with 11 children or adults. 12 ACTING PRESIDENT GRIFFO: Thank 13 you. 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, 16 Mr. President. 17 I wondered if Senator Duane would 18 clarify a couple of points for me, because 19 there's an issue that I'm a little concerned 20 with. 21 ACTING PRESIDENT GRIFFO: Senator 22 Duane, do you yield? 23 SENATOR DUANE: Yes, 24 Mr. President. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Libous. 2 SENATOR LIBOUS: Senator Duane, I 3 appreciate what you're trying to do with this 4 legislation, and I've licensed intently. But 5 I do have a concern, because I don't think it 6 goes far enough to the protection of all 7 children, and I'll tell you what I mean. 8 We have a nice zoo in Binghamton 9 called the Ross Park Zoo, it was established 10 back in the 1900s, and it's on a very nice 11 tract of land that the Ross family donated. 12 Because of some problems over the course of 13 the last year, the Ross Park Zoo lost its 14 accreditation. And of course a number of the 15 members of the community -- it's a good-sized 16 zoo for the City of Binghamton, and we do have 17 large cats as defined under your legislation. 18 And what I'm concerned about is 19 that the protection of our children in 20 Binghamton who still visit the zoo -- and 21 they're trying to reapply for their 22 accreditation, but it is a process. From what 23 I'm hearing, I'm concerned that, God forbid, 24 an incident were to happen under this 25 legislation that because they are in between

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(518) 371-8910 1 accreditation, that they wouldn't be protected 2 under this. Is that correct? 3 SENATOR DUANE: Through you, 4 Mr. President, I want to first say as long as 5 an organization is accredited by the federal 6 government, it is -- there wouldn't a problem. 7 And I am assuming, because I 8 believe the people that run the Ross Zoo are 9 law-abiding, that similar to -- I'm trying to 10 think of an example. Sometimes people are 11 allowed to inhabit a building even though it 12 hasn't gotten its certificate of occupancy 13 yet, that pending that, they're allowed to 14 continue to operate. 15 So I'm assuming that the Ross Zoo 16 would fall under that and so it would still be 17 in compliance with federal regulation. 18 ACTING PRESIDENT GRIFFO: Senator 19 Libous. 20 SENATOR LIBOUS: Well, Mr. 21 President, it is -- 22 SENATOR DUANE: And if they're 23 not, they shouldn't be operating. So I'm 24 assuming they are okay with the feds right 25 now.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Libous. 3 SENATOR LIBOUS: Mr. President, 4 if the sponsor would then -- I certainly 5 respect the sponsor's answer, but I'm not sure 6 that that's the case without having checked 7 with legal counsel. 8 And, Mr. President, if I could ask 9 the sponsor if he wouldn't mind checking into 10 that for me and responding, only because I do 11 support the concept of the bill here, but I do 12 feel as if the children and the people who 13 visit the Ross Park Zoo may be left out on 14 this technicality until the reaccreditation 15 takes place. 16 And I feel that as my constituents, 17 they deserve the same protection that anyone 18 else under Senator Duane's bill would receive 19 as they approach a zoo or a place where those, 20 quote, large cats or pussycats are going to be 21 located. 22 ACTING PRESIDENT GRIFFO: Senator 23 Duane. 24 SENATOR DUANE: Mr. President, 25 again, not pussycats. Tigers, leopards,

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(518) 371-8910 1 cheetahs, jaguars, et cetera. 2 But again, I am 99 percent sure 3 that the Ross Zoo is in compliance with 4 federal regulations. But if the Senator would 5 give me the name of their government relations 6 person and a phone number, or the executive 7 director, I will absolutely call and check to 8 make sure. But I would be incredulous if they 9 were not in compliance. 10 ACTING PRESIDENT GRIFFO: Senator 11 Libous. 12 SENATOR LIBOUS: Thank you, 13 Mr. President. 14 And, Senator Duane, thank you. I 15 will get the name of the director. We're not 16 large enough to have a lobbyist or a 17 government relations director, because we're 18 just a small zoo. But I appreciate Senator 19 Duane's response, and I would be happy to get 20 the director's name so that we could see to it 21 that they're covered under this legislation. 22 Thank you, Senator. 23 ACTING PRESIDENT GRIFFO: Thank 24 you, Senator Libous. 25 Senator Marcellino.

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(518) 371-8910 1 SENATOR MARCELLINO: Mr. 2 President, on the bill. 3 ACTING PRESIDENT GRIFFO: On the 4 bill, Senator Marcellino. 5 SENATOR MARCELLINO: Many of the 6 questions have been asked and answered on this 7 issue, very important. I intend to vote for 8 this bill, but I just would like to point out 9 to everybody in the chamber that everything in 10 this bill is already current law. 11 With the exception of the penalty, 12 every single thing that has been discussed is 13 current law right now in the State of 14 New York. Permitting must be done, the DEC 15 carries that out. If you handle these 16 animals, if you travel with them, you have 17 very strict requirements if you do it legally. 18 It's all current law. 19 We passed a bill in 2004, Chapter 20 693. We passed an amendment to that in 2005, 21 Chapter 10. The venomous snakes bill, we 22 expanded it to include a whole host of 23 organisms and animals and creatures and 24 critters. 25 It is current law now. You

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(518) 371-8910 1 cannot -- in the City of New York, for 2 example, it's a complete violation of law to 3 even own a wild cat or one of these creatures 4 that's so defined, and the law goes through a 5 whole litany of these species that goes in. 6 So I appreciate Senator Duane's 7 eagerness to put forth legislation, but it's 8 already law. So if you want to re-pass 9 existing law -- we're ahead of California, 10 Senator. We did it four years ago. So, you 11 know, if you want to change the penalty, I 12 could agree with that. That's no problem. 13 I'll increase the penalty. So that's fine. 14 And I'll vote for the bill, because 15 it's apple pie and motherhood as far as I'm 16 concerned. We should not be abusing these 17 creatures or putting them at risk, or the 18 general public at risk with these animals. 19 The Senator is perfectly correct, 20 these are not cuddly little creatures, these 21 are wild animals, they're dangerous. Their 22 instincts are protection and self-preservation 23 and eating. And quite frankly, folks, we're 24 their food. So if I were you, I wouldn't get 25 too close to any one of these creatures at any

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(518) 371-8910 1 given time because you never know when they 2 want to have lunch. 3 So as I said before, this is 4 already existing law, but I will in effect 5 vote yes on this very important bill. 6 Thank you. 7 ACTING PRESIDENT GRIFFO: Thank 8 you, Senator Marcellino. 9 Senator Sabini. 10 SENATOR SABINI: Thank you, 11 Mr. President. 12 I just wanted to point out, an 13 earlier speaker pointed out that 90 percent of 14 this is in current law. Well, if that were 15 the criteria for the bills we pass in this 16 house, this would look about the size of a 17 pamphlet. 18 So I think if we want to reflect on 19 what's in statute now that are in our bills, 20 we wouldn't have much to pass for the last six 21 months. So I don't think that's a criteria at 22 all. 23 ACTING PRESIDENT GRIFFO: Senator 24 Connor. 25 SENATOR CONNOR: Yes,

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(518) 371-8910 1 Mr. President. You know, as we paw and claw 2 our way through the calendar today -- 3 (Laughter.) 4 SENATOR CONNOR: -- it's 5 refreshing to have this legislation. And 6 Senator Duane several times referred to the 7 overarching nature of it. And I would ask 8 everyone to look over the arches over the 9 windows at the gargoyles up there and see the 10 big cats looking down on us. 11 And, you know, I've got to admit 12 this bill doesn't exactly make me want to 13 purr, Mr. President. But weighing it -- 14 weighing it, I think I'll vote aye, but it's 15 close. It's by a whisker. 16 (Groans.) 17 ACTING PRESIDENT GRIFFO: Senator 18 Connor, you've earned your stripes. 19 Any other Senator wishing to be 20 heard? 21 Senator Montgomery. 22 SENATOR MONTGOMERY: Yes, 23 Mr. President, I would like to respond to one 24 of the comments by my colleague Senator 25 Skelos, who referred to the penalty and the

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(518) 371-8910 1 fact that many of -- some of us on this side 2 frequently vote against criminal penalties 3 that come so frequently before us for 4 everything, including jumping the turnstile 5 and whatever. 6 So I have a lot of young people in 7 my district who in fact have criminal records 8 because maybe they jumped the turnstile a 9 couple of times. So I do vote against those, 10 certainly, as one of those people. 11 But I want to just refer to Senator 12 Duane's bill, because it's very different in 13 the way that he establishes what the penalty 14 is and how it is assessed. It says the 15 penalty may be assessed, a civil penalty, by 16 the commissioner. 17 So essentially, there's a lot more 18 emphasis on this being a civil penalty, and it 19 allows for a lot of discretion by the 20 commissioner, including, as it says in the 21 bill, any such civil penalty may be 22 compromised by the commissioner. So there is 23 a lot of leeway there. 24 And in the event that the entity 25 refuses to pay the penalty, assuming that

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(518) 371-8910 1 there is even a penalty, if the commissioner 2 decides that there should be, then they are 3 presumed to be in violation of the law and the 4 bill allows for imprisonment for not more than 5 one year or a fine of not more than $10,000 or 6 both. 7 However, I just want to point out 8 that there is discretion by the commissioner, 9 there is a lot of latitude, there are a lot of 10 considerations that the commissioner can make. 11 And it is certainly not as punitive as some of 12 the types of penalties that come from the 13 Majority in terms of the legislation that they 14 propose. 15 And since the criminal justice 16 system specifically, is specifically levied 17 most heavily on African-Americans in this 18 country -- 2 million people incarcerated, and 19 half of them are African-American. So that's 20 a whole different ballgame, in my mind, very 21 disproportionate to the actual rate of crime 22 and who commits those crimes. 23 So I weigh that very heavily in all 24 of my votes. I do not apologize for it. And 25 certainly I think that this penalty is

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(518) 371-8910 1 extremely and very different from whatever 2 comes across in terms of criminal penalties in 3 many of the legislation. 4 I support this bill, Mr. President. 5 ACTING PRESIDENT GRIFFO: Is 6 there any other Senator wishing to be heard? 7 The debate is closed. The 8 Secretary will ring the bell. 9 The Secretary will read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 180th day. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT GRIFFO: Senator 17 Bonacic, to explain his vote. 18 SENATOR BONACIC: Thank you, 19 Mr. President. 20 I have concerns with this 21 legislation because I don't know any more now 22 than before this debate started. I don't know 23 how we're going to hurt this industry with a 24 criminal offense, if this becomes law, of an 25 exhibitor. I don't know if their license will

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(518) 371-8910 1 be revoked. I don't know the arbitrariness 2 and the capriciousness of the DEC saying 3 whether a zoo would be exempted or not. I 4 don't know if it will hurt the tourism 5 industry, when it has, with our zoos upstate. 6 There's more unanswered questions than there 7 are answered. 8 Having said all of that, I can 9 identify with the safety concerns of Senator 10 Duane. But quite frankly, I don't think this 11 bill is ready yet. It's not structured 12 properly. There's not enough information to 13 make intelligent decisions today. 14 I'm voting no. Thank you, 15 Mr. President. 16 ACTING PRESIDENT GRIFFO: Senator 17 Bonacic to be recorded in the negative. 18 Senator Craig Johnson, to explain 19 his vote. 20 SENATOR CRAIG JOHNSON: Thank you 21 very much, Mr. President. I'll be voting in 22 the affirmative. 23 I want to commend Senator Duane for 24 his leadership on this issue, for the way he 25 handled himself through some very rigorous

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(518) 371-8910 1 questioning by the members of the Majority. 2 As the father of two young children 3 who oftentimes is asked to attend a number of 4 events where you do have these exhibitors with 5 the large cats, I'm relieved to know that 6 there's now a law going to be put into place 7 that will protect my children, all of our 8 children from these dangerous animals. 9 We see in the news all the time of 10 situations where teenagers and young people 11 are mauled, either killed or hurt, and now 12 we're going to have a piece of legislation put 13 in place by our good friend Tom Duane that's 14 going to help protect them and punish those 15 who violate it. 16 So I commend you, Senator Duane, on 17 this piece of legislation. I'll be voting 18 yes. Thank you very much. 19 ACTING PRESIDENT GRIFFO: Senator 20 Diaz, to explain his vote. 21 SENATOR DIAZ: Thank you, 22 Mr. President. 23 I'm also voting yes. But you know, 24 I'm not clear -- I was supposed to ask the 25 sponsor before, but I let it go. I'm not

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(518) 371-8910 1 clear -- I'm voting yes, but I'm not clear if 2 this is the black cat or the white cat, the 3 one that's going to get punished, because 4 always the black cat is the one that always 5 gets it. 6 (Laughter.) 7 SENATOR DIAZ: So I'm voting yes. 8 ACTING PRESIDENT GRIFFO: Senator 9 DeFrancisco, to explain his vote. 10 SENATOR DeFRANCISCO: Yes, I'm 11 going to vote no. I don't think the bill is 12 consistent and makes a lot of sense. 13 It seems to me if the intent of the 14 bill is to keep kids away from animals that 15 are dangerous, why would you give a zoo an 16 exemption to allow contact between one of 17 these animals and the general public? But it 18 allows that. 19 And if animals that are of such 20 small size that may have some educational 21 value if children were able to see them up 22 close and personal, and they're no danger, why 23 would you outlaw that? 24 I just don't think the bill is 25 consistent, I don't think it makes a heck of a

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(518) 371-8910 1 lot of sense, and for those reasons I'm going 2 to vote no. 3 ACTING PRESIDENT GRIFFO: Senator 4 DeFrancisco to be recorded in the negative. 5 Senator Schneiderman, to explain 6 his vote. 7 SENATOR SCHNEIDERMAN: Thank you, 8 Mr. President. 9 I think this is a fine piece of 10 legislation. I'm confident that it will pass 11 the Assembly. There are numerous 12 Assemblymembers who would like to sponsor it. 13 This is not one of the bills that I 14 criticized, the recidivist one-house bills 15 that come up year and year again that we pass 16 in an effort to make it look as though we're 17 doing something when we're really not. 18 But I would just like to say I'm 19 very proud that our conference is staking out 20 a position against the mauling of children by 21 animals. And I regret to say that on the 22 other side of the aisle, you're repeatedly 23 passing -- I'm sorry my good friend George 24 Maziarz is not here -- the bill that 25 authorizes children to hunt bears with bows

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(518) 371-8910 1 and arrows, that I refer to as the "Wounded 2 Bear Chasing Children Through the Woods Act." 3 And I hope that we will take a 4 consistent anti-children-mauling position in 5 this house, and I look forward to you joining 6 with us when that bill comes to the floor in 7 the not too distant future. 8 I'm opposed to the mauling of 9 children by animals. Thank you, Senator 10 Duane, for taking a firm stance on this 11 important issue. 12 ACTING PRESIDENT GRIFFO: How do 13 you vote, Senator Schneiderman? 14 SENATOR SCHNEIDERMAN: I vote in 15 the affirmative, proudly. 16 ACTING PRESIDENT GRIFFO: Senator 17 Schneiderman to be recorded in the 18 affirmative. 19 Senator Duane. 20 SENATOR DUANE: Thank you, 21 Mr. President. 22 I just want to thank my colleagues 23 for their great questions and also for their 24 interest and support. 25 And I just, in all seriousness,

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(518) 371-8910 1 want to raise an issue because of Senator 2 Bonacic's comments. And even though he's 3 voting no, I will get back to him with his 4 answers, even though I don't think I should 5 have to, but I will. 6 But the serious thing is that I was 7 very saddened and I know he was when the 8 Catskill Game Farm closed down, which was in 9 compliance at all times with federal 10 regulations. And it is my hope that we would 11 be able to have a similar educational farm 12 there in the near future, because I was sad 13 that that family felt they could no longer 14 keep operating it. 15 So -- and again, but with 16 appreciation to my colleagues, I'll be voting 17 yes. 18 ACTING PRESIDENT GRIFFO: Senator 19 Duane to be recorded in the affirmative. 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1662 are 23 Senators Bonacic and DeFrancisco. 24 Absent from voting: Senators 25 Gonzalez, Hassell-Thompson, Huntley, Rath and

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(518) 371-8910 1 Serrano. 2 Ayes, 53. Nays, 2. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1664, by Senator Volker, Senate Print 7312, an 7 act to amend the County Law, in relation to 8 establishing. 9 ACTING PRESIDENT GRIFFO: There 10 is a local fiscal impact note at the desk. 11 SENATOR DUANE: Explanation. 12 ACTING PRESIDENT GRIFFO: Senator 13 Volker. 14 SENATOR VOLKER: Yeah, 15 Mr. President, this is a bill requested by the 16 Wyoming County Legislature. And we received a 17 home-rule message. And it asks for a 30-cent 18 surcharge on all wireless devices. 19 The reason for it has to do, 20 frankly, with the fact that we have not been 21 able to deal with the SWIN problem statewide, 22 and as a result Wyoming County has a 911 23 dispatching unit in Wyoming County, called the 24 Dispatching Center, which takes care of all 25 fire, EMS, police and also highway department

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(518) 371-8910 1 emergencies and other situations. 2 What this is designed for is to 3 provide -- and they estimate $92,000 from a 4 30-cent wireless surcharge to deal with this 5 911 center. Otherwise, it would have to go on 6 the real property tax. 7 Wyoming County is not a large 8 county. It has been very frugal in spending, 9 and particularly in the area of real property 10 taxes. So that's the reason that they asked 11 us to provide this wireless surcharge, only 12 for Wyoming County, only for those addresses 13 that are in the county itself. 14 SENATOR DUANE: Explanation 15 satisfactory. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Volker. 18 Is there any other Senator wishing 19 to be heard? 20 The debate is closed. The 21 Secretary will ring the bell. 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 ACTING PRESIDENT GRIFFO: 4 Announce the results. 5 THE SECRETARY: In relation to 6 Calendar Number 1664, absent from voting: 7 Senators Gonzalez, Hassell-Thompson, Huntley, 8 Rath and Serrano. 9 Ayes, 55. Nays, 0. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1679, substituted earlier today by Member of 14 the Assembly Destito, Assembly Print Number 15 872, an act to amend the Real Property Tax 16 Law. 17 SENATOR DUANE: Explanation, 18 please. 19 ACTING PRESIDENT GRIFFO: 20 Explanation, Senator Little. 21 SENATOR LITTLE: Thank you, 22 Mr. President. 23 To understand this bill, you first 24 of all need to understand the 480/480-a real 25 property tax program, which is given to large

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(518) 371-8910 1 tract of forest land. 2 You have to have over 50 acres of 3 land. You put your land into a forest program 4 with DEC. You then have to have an approved 5 forest management plan, and you have to follow 6 that plan for 10 years. If you cut down 7 trees, you have to pay a stumpage fee to the 8 municipality, depending upon the size of the 9 tree that was cut down. 10 And in return for being in this 11 program, you get up to an 80 percent reduction 12 in the assessed value of your land. This is 13 one way of helping maintain forest lands. And 14 we all know the value of trees and forests to 15 the environment. 16 ACTING PRESIDENT GRIFFO: Can we 17 have order, please. Thank you. 18 Senator Little. 19 SENATOR LITTLE: So what we have 20 here is a program that if the forest company 21 that is working the lands, logging the lands, 22 and using all of these hundreds -- in the 23 Adirondacks, you have thousands of acres of 24 forest lands. They are utilizing a forest 25 certification program, something that is

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(518) 371-8910 1 certified by the DEC as sustainable forestry. 2 And the regulations will be made for that by 3 the DEC. 4 So if they have one of those 5 programs, and many of them do, and they have 6 this program, they advertise it so that people 7 know that when they are cutting their timber 8 on their lands, they are good to the 9 environment, they are careful about endangered 10 species, they do not clear-cut, they follow a 11 very good sustainable forestry program, and 12 they see that new trees are planted and new 13 trees grow along to maintain the resources. 14 So if they are in that program -- 15 this is a certified forestry program -- what 16 we are saying here is that instead of having 17 to have that forest management plan with DEC, 18 that DEC would accept the forestry 19 certification and say that this is a certified 20 forestry plan and working forest, therefore, 21 we will allow them to be in the 480-a program 22 without having to be part of the forest 23 management plan. 24 And all of the things that are in 25 the certified plan are really at a higher

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(518) 371-8910 1 level even than the forest management plan 2 that DEC requires. 3 One of the benefits of this, it 4 really would encourage more of the forestry 5 companies to get into a certified forestry 6 plan and have sustainable certification in 7 their forest operation. It would also free up 8 DEC staff from having to monitor and 9 constantly, you know, okay the forest 10 management plan that the company has to keep 11 presenting. 12 Other than that, it is good for the 13 forest, good for the environment, good for the 14 companies that are operating. And believe me, 15 this is a big business in many parts of 16 New York State. 17 And this bill has passed the Senate 18 in 2006 by a vote of 59 to 0, and in 2007 by a 19 veto of 50 to 3. 20 The bill is supported by the Empire 21 State Forest Products Association, by the 22 Adirondack Council, by the American Forest and 23 Paper Association. And the bill passed the 24 Assembly this morning. 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Senator Duane. 2 SENATOR DUANE: Thank you, Madam 3 President -- Mr. President. 4 ACTING PRESIDENT MORAHAN: Close. 5 (Laughter.) 6 SENATOR DUANE: If the sponsor 7 would yield. 8 ACTING PRESIDENT MORAHAN: 9 Senator Little, will you yield? 10 SENATOR LITTLE: I will yield. 11 ACTING PRESIDENT MORAHAN: The 12 Senator yields. 13 SENATOR DUANE: Thank you, 14 Mr. President. 15 How can we be sure that we can 16 trust the DEC commissioner to recognize 17 forests and certify them if potentially the 18 commissioner is running around the state 19 hunting big cats? 20 (Laughter.) 21 SENATOR LITTLE: Well, are they 22 one of the endangered species that we would -- 23 I guess you can be about as sure as anything 24 of the DEC. 25 SENATOR DUANE: Thank you.

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(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT MORAHAN: Thank 3 you, Senator Duane. 4 Senator Krueger. 5 SENATOR LIZ KRUEGER: Thank you, 6 Mr. President. If through you the sponsor 7 would please yield. 8 ACTING PRESIDENT MORAHAN: 9 Senator Little, will you yield? 10 SENATOR LITTLE: Yes, I will 11 yield. 12 ACTING PRESIDENT MORAHAN: The 13 Senator yields. 14 SENATOR LIZ KRUEGER: Thank you. 15 Does DEC support this bill? 16 SENATOR LITTLE: Yes. It 17 actually would relieve them of some of the 18 oversight that they have to provide for the 19 forest management plan that is required to be 20 in the 480-a. So if this becomes a 21 sustainable certified forestry company working 22 that way, then they could just accept their 23 plan without having to go out and do the whole 24 thing. 25 SENATOR LIZ KRUEGER: Thank you,

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(518) 371-8910 1 Mr. President. If the sponsor would continue 2 to yield. 3 ACTING PRESIDENT MORAHAN: 4 Senator, will you continue to yield? 5 SENATOR LITTLE: Yes. 6 ACTING PRESIDENT MORAHAN: The 7 Senator yields. 8 SENATOR LIZ KRUEGER: Do you know 9 how many acres under the current program 10 currently are considered in our program in the 11 State of New York? 12 SENATOR LITTLE: Fifty. 13 SENATOR LIZ KRUEGER: I'm sorry? 14 SENATOR LITTLE: You have to have 15 50 acres to be in the 480-a program. 16 SENATOR LIZ KRUEGER: I'm sorry. 17 Mr. President, if through you the sponsor 18 would continue to yield. 19 ACTING PRESIDENT MORAHAN: 20 Senator Little, will you continue to yield? 21 SENATOR LITTLE: Yes. 22 ACTING PRESIDENT MORAHAN: The 23 Senator continues to yield. 24 SENATOR LIZ KRUEGER: Thank you. 25 I didn't make my question clear enough.

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(518) 371-8910 1 Do you know the total number of 2 acres in the State of New York that are 3 currently in this program? 4 SENATOR LITTLE: I don't believe 5 I do have that figure, do I? Two million 6 acres of forest land. 7 And I will tell you that a great 8 deal of it is within the Adirondack Park and 9 the Catskills and many parts of the state. 10 SENATOR LIZ KRUEGER: Mr. 11 President, if through you the sponsor would 12 continue to yield. 13 ACTING PRESIDENT MORAHAN: 14 Senator Little, do you continue to yield? 15 SENATOR LITTLE: Yes, I will. 16 SENATOR LIZ KRUEGER: Thank you. 17 Do you have an estimate of how many more acres 18 would fall into this eligibility if your bill 19 became law? 20 SENATOR LITTLE: Well, there 21 could be more, but we don't really know that. 22 We just know that some of the 23 companies that are in this plan are already 24 certified foresters, and they would not have 25 to have the forest management plan because

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(518) 371-8910 1 they are sustainably certified foresters. So 2 it would remove that requirement. And they 3 actually work above the requirements of the 4 forest management plan. 5 SENATOR LIZ KRUEGER: Mr. 6 President, if through you the sponsor would 7 continue to yield. 8 ACTING PRESIDENT MORAHAN: 9 Senator Little, will you continue to yield to 10 Senator Krueger? 11 SENATOR LITTLE: Yes. 12 ACTING PRESIDENT MORAHAN: The 13 Senator yields. 14 SENATOR LIZ KRUEGER: So as I 15 read your bill, if acreage is categorized 16 under the new expanded program -- and we don't 17 know how many additional acres might be 18 covered, but some number would be, we assume; 19 otherwise, there would be no purpose of the 20 bill -- then the owner would not have to pay a 21 percentage of their property tax. That is 22 correct? 23 SENATOR LITTLE: Their assessment 24 is reduced, and their property tax therefore 25 is reduced.

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(518) 371-8910 1 Several years ago, I was able to 2 secure the state commitment, and they pay 3 those taxes, they've been added into the Aid 4 to Municipalities. And they do receive those 5 taxes if the 480-a program affects more than 6 1 percent of their entire tax base. That's 7 how they get into the reimbursement program. 8 There does need to be more 9 reimbursement. And if there is a huge 10 expansion of that, then the state needs to 11 continue to reimburse. Because this is 12 actually a statewide plan that helps everyone 13 in the state because of the green and the 14 trees and the forested lands. 15 SENATOR LIZ KRUEGER: Mr. 16 President, if through you the sponsor would 17 continue to yield. 18 ACTING PRESIDENT MORAHAN: 19 Senator Little, will you continue to yield to 20 Senator Krueger? 21 SENATOR LITTLE: Yes. 22 ACTING PRESIDENT MORAHAN: The 23 Senator yields. 24 SENATOR LIZ KRUEGER: Thank you. 25 So again, if I'm understanding your

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(518) 371-8910 1 answers to my questions -- and I appreciate 2 them very much -- this would expand the 3 universe of acreage that might be covered by 4 this program. The existing program does in 5 fact mean that there's a loss in local 6 property tax revenue, although some of it, 7 you're saying, is made up through a program, 8 although not enough, if I understand you 9 correctly. 10 Is this a local option? Because we 11 pass this law, more acreage goes into this 12 program, there's a reduction in the property 13 tax revenue to the locality. Do I, the local 14 government, have the right to say no, I don't 15 want to lose this property tax revenue? 16 SENATOR LITTLE: I'm trying to 17 answer all of those questions. 18 No, it is not an option. This is a 19 statewide program. It does not necessarily 20 mean that the state program would be expanded. 21 It just means that those within the program, 22 if they are a certified forest program, that 23 they would not have to do the unit management 24 plan. 25 And the state is currently

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(518) 371-8910 1 preparing to have all state forests, all 2 700,000 acres, come under this, become 3 certified programs, so -- and I'm not sure of 4 the other questions. 5 SENATOR LIZ KRUEGER: Thank you, 6 Mr. President. On the bill. 7 ACTING PRESIDENT MORAHAN: 8 Senator Krueger, on the bill. 9 SENATOR LIZ KRUEGER: Thank you. 10 I appreciate the sponsor's answers 11 to my questions. 12 And actually, I'm reading the memos 13 in support, and the supporters actually think 14 that there would be more forest that would be 15 certified this way, and that's why they're 16 supporting it. 17 Which, then, I'm not actually 18 arguing whether it's a good or bad things for 19 the forests to expand the program this way. 20 But I am concerned, given our earlier 21 discussions about unfunded mandates, that this 22 is an example where we would pass a bill 23 without public hearings, without financial 24 evaluation, without a guarantee of replacement 25 by the state for the lost local revenue, and

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(518) 371-8910 1 without a two-thirds vote that would in fact 2 be one of those unfunded mandates we've been 3 talking about during the day. 4 So I have voted for the bill in the 5 past; I will vote for the bill today. But I 6 just want to highlight how complex the 7 situation is of whether we go down the road of 8 trying to establish that we don't transfer 9 costs to our localities because we think that 10 it's a good thing -- because I don't disagree 11 that better stewardship of our forests is a 12 good thing. 13 But I do worry that we're not 14 necessarily answering all the questions for 15 our local governments, even the questions the 16 excellent Senator Betty Little's 17 constitutional amendment from earlier today 18 raises when we pass this kind of legislation. 19 So I will be supporting the bill. 20 Thank you, Mr. President. 21 ACTING PRESIDENT MORAHAN: Thank 22 you, Senator Krueger. 23 Senator Little. 24 SENATOR LITTLE: Mr. President, 25 if I may, yes, this is an unfunded mandate

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(518) 371-8910 1 that is currently in existence, and this would 2 make it easier for these companies to be in 3 this program. 4 And if we did pass the prohibition 5 on unfunded mandates, then certainly this 6 state would be required to reimburse for the 7 taxes, which is something I have been working 8 on since I've been in the Legislature. 9 So even though we have a partial, 10 if we do the unfunded mandate constitutional 11 amendment then they would have to pay all the 12 taxes that would happen, because of this 13 statewide program that is already in 14 existence. 15 Thank you. 16 ACTING PRESIDENT MORAHAN: Thank 17 you, Senator Little. 18 Any other Senator wishing to be 19 heard? 20 If not, the debate is closed. The 21 Secretary will ring the bell. 22 The Secretary will read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MORAHAN: 5 Announce the results. 6 THE SECRETARY: In relation to 7 Calendar Number 1679, those recorded in the 8 negative are Senators Connor, Duane, 9 C. Johnson, LaValle, Marcellino, Padavan, 10 Parker, Perkins, Sabini, Stavisky, 11 Stewart-Cousins and Thompson. 12 Absent from voting: Senators 13 Gonzalez, Hassell-Thompson, Huntley, Rath and 14 Serrano. 15 Ayes, 43. Nays, 12. 16 ACTING PRESIDENT MORAHAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1680, by Senator LaValle, Senate Print 1842C, 20 an act to amend the Tax Law, in relation to 21 exempting. 22 ACTING PRESIDENT MORAHAN: 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 MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MORAHAN: 5 Announce the results. 6 THE SECRETARY: In relation to 7 Calendar Number 1680: Ayes, 55. Nays, 0. 8 Absent from voting: Senators 9 Gonzalez, Hassell-Thompson, Huntley, Rath and 10 Serrano. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1681, by Senator Griffo, Senate Print 2724, 15 Concurrent Resolution of the Senate and 16 Assembly proposing an amendment to Section 1 17 of Article 5 of the Constitution. 18 SENATOR LIZ KRUEGER: 19 Explanation. 20 ACTING PRESIDENT MORAHAN: 21 Explanation, Senator Griffo. 22 SENATOR GRIFFO: Thank you, 23 Mr. President. 24 Essentially recognizing the 25 important duties and responsibilities in these

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(518) 371-8910 1 important positions, this bill essentially 2 expresses our preference to have these 3 positions elected rather than appointed 4 wherever a vacancy may occur and exist. 5 ACTING PRESIDENT MORAHAN: 6 Senator Krueger. 7 SENATOR LIZ KRUEGER: Thank you. 8 I appreciate the explanation. 9 If through you, Mr. President, the 10 sponsor would yield. 11 ACTING PRESIDENT MORAHAN: 12 Senator Griffo, do you yield? 13 SENATOR GRIFFO: Yes. 14 ACTING PRESIDENT MORAHAN: The 15 Senator yields. 16 SENATOR LIZ KRUEGER: Thank you. 17 Would this bill provide a mechanism 18 for people to have primaries to get onto the 19 ballot, or simply allow the state committees 20 of the leading parties to choose or anoint the 21 candidate? 22 SENATOR GRIFFO: Mr. President, 23 through you. Senator Krueger, this bill 24 basically reflects the current process that 25 exists right now. In order to allow for any

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(518) 371-8910 1 type of primary approach to contest the 2 election, we would have to be changing 3 numerous laws and aspects of the law. 4 So in this case we follow the 5 current procedures that exist under the law, 6 which would basically have the call for the 7 election and a designation of the candidates 8 and the election would take place. 9 SENATOR LIZ KRUEGER: Thank you. 10 Mr. President, if through you the 11 sponsor would continue to yield. 12 ACTING PRESIDENT MORAHAN: 13 Senator Griffo, do you continue to yield? 14 SENATOR GRIFFO: Yes. 15 ACTING PRESIDENT MORAHAN: The 16 Senator yields. 17 SENATOR LIZ KRUEGER: Thank you. 18 Does this bill allow for any model 19 of petitions and coming to the public to show 20 your support by individuals, especially in 21 statewide elections where, under the current 22 rules for elections of statewide officials, 23 you need a fairly broad universe of petitions 24 to be filed? 25 SENATOR GRIFFO: Mr. President,

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(518) 371-8910 1 through you. Senator Krueger, it does not. 2 But that is not necessarily the 3 case. In a general election, that would be 4 the case. But in a special election, that is 5 not the case right now. There is not a 6 petition process, there is a designation. 7 And as I indicated to you, I would 8 be more than willing and interested to hear 9 any ideas of how to change the various aspects 10 and laws that exist relative to the process 11 itself. 12 This basically, again, allows us to 13 say that we favor an election of these 14 statewide officers as opposed to an 15 appointment, and it follows the current 16 procedures and guidelines that are in place. 17 SENATOR LIZ KRUEGER: Mr. 18 President, on the bill. 19 ACTING PRESIDENT MORAHAN: 20 Senator Krueger, on the bill. 21 SENATOR LIZ KRUEGER: Thank you. 22 Thank the sponsor for his explanation. 23 We had a discussion about this bill 24 I think two years ago and -- maybe it was just 25 last year, I don't want to misspeak -- and

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(518) 371-8910 1 some of the issues I just asked the sponsor 2 were raised then. 3 I understand the argument for 4 having an election for open seats at the 5 statewide level. I would argue we could have 6 thrown Lieutenant Governor in here as well, 7 since we now have no technical Lieutenant 8 Governor. 9 My concerns then, and they continue 10 to be my concerns, are that we're not going 11 far enough with this constitutional amendment. 12 Again, as the sponsor correctly said, we would 13 have to change a number of laws to have an 14 actual primary process, actual petitioning, a 15 model for the public to pick the candidates, 16 not the major parties to simply select, 17 conceivably in a back room, who their 18 candidate would be. 19 We could incorporate some type of 20 runoff election or instant runoff voting 21 method for special elections to ensure that 22 the winner actually had a majority vote of the 23 public. We're talking statewide elections, 24 again. 25 We could in fact reduce the number

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(518) 371-8910 1 of signatures required in order to open up the 2 ballot but still have a petition process. I 3 heard the sponsor say, well, that would 4 require changing other laws. I think my point 5 is we're talking a constitutional amendment. 6 By definition, we're opening up a complex 7 process to change a system that I think he and 8 I agree we don't like the current system. 9 But I wish that the sponsor had 10 gone farther in the year since we last 11 discussed this bill -- it was 2007, to be 12 correct -- because I still don't like the 13 model we're being offered. I don't like the 14 current process. I can't in good faith 15 support this constitutional amendment because, 16 again, we're opening up the Constitution. We 17 have the ability to do it right. 18 So we'll see what happens in both 19 houses, and maybe we'll try for a different 20 constitutional amendment proposal that I think 21 would open up to the public their right to 22 have every vote count, to make decisions about 23 who they wish to have in key statewide elected 24 offices even under circumstances of vacancies 25 and special elections.

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(518) 371-8910 1 So I'm sorry that I don't think 2 that this gets us to where we want to go, and 3 I will be voting no. 4 Thank you, Mr. President. 5 ACTING PRESIDENT MORAHAN: Thank 6 you, Senator Krueger. You will be recorded in 7 the negative. 8 Senator Sabini. 9 SENATOR SABINI: Thank you, 10 Mr. President. If the sponsor would yield to 11 a question. 12 ACTING PRESIDENT MORAHAN: 13 Senator Griffo, will you yield? 14 SENATOR GRIFFO: Yes. 15 ACTING PRESIDENT MORAHAN: The 16 Senator yields. 17 SENATOR SABINI: Through you, 18 Mr. President, the sponsor indicated that the 19 special election that the bill calls for would 20 be conducted under rules currently in the law 21 under special elections. But I would submit 22 that there are no special elections statewide. 23 So based on the answer I heard to 24 Senator Krueger's question, I assume that the 25 nominees would be designated by the state

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(518) 371-8910 1 committees of the appropriate parties that are 2 recognized under state law now. Is that not 3 the case? 4 SENATOR GRIFFO: Mr. President, 5 through you. Senator Sabini, that is the 6 case. And that's what I had mentioned also to 7 Senator Krueger. 8 There may not be any statewide 9 elections right now, but we do have special 10 elections that take place in this house and in 11 the Assembly, and those are the procedures 12 that we are mirroring at this point in time. 13 SENATOR SABINI: Through you, 14 Mr. President, if the sponsor would continue 15 to yield. 16 ACTING PRESIDENT MORAHAN: 17 Senator Griffo, will you continue to yield? 18 SENATOR GRIFFO: Yes. 19 ACTING PRESIDENT MORAHAN: The 20 Senator yields. 21 SENATOR SABINI: That goes 22 precisely to my next question, Mr. President, 23 which is there are rules governing the 24 election of members of the Legislature when 25 there's a vacancy, but none of them are

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(518) 371-8910 1 statewide. 2 And the rules regarding elections 3 and vacancies in the Legislature allow for 4 independent or nonrecognized parties of the 5 State of New York to petition their way on the 6 ballot in a time frame that is set out in law. 7 Not having special elections 8 statewide, we have no time frame set out in 9 the law where an independent candidate or a 10 candidate of one of the parties that's not 11 recognized under state law -- that would 12 include Democrats, Republicans, Conservatives 13 Independents, Working Families -- how would 14 they get on the ballot if the sponsor's bill 15 became law, of nonparties that are recognized? 16 SENATOR GRIFFO: Mr. President, 17 through you. Senator Sabini, at this point in 18 time the idea was to take existing law, to 19 level the playing field, to follow -- to bring 20 this into compliance with how we do follow 21 basic procedures in specials. And in most 22 cases, that is what this mirrors right now. 23 As I had indicated to Senator 24 Krueger, obviously there are many nuances that 25 could be considered. If anyone has ideas or

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(518) 371-8910 1 an input, I would be interested and willing to 2 listen as to changing the various laws across 3 the state and the timetables and things of 4 that nature. 5 But this gives us the opportunity, 6 because of what we saw in recent time, to deal 7 with the subject immediately. There is a 8 sponsor in the Assembly. We thought this was 9 an agreeable, quick approach to deal with this 10 problem that we have had recurring in the last 11 decade with these vacancies and these 12 significant offices. 13 And yes, it would follow the basic 14 pattern of the approach and procedures that 15 are in place right now. So that was the 16 reasoning behind it. 17 SENATOR SABINI: Mr. President, 18 on the bill. 19 ACTING PRESIDENT MORAHAN: 20 Senator Sabini, on the bill. 21 SENATOR SABINI: While I 22 appreciate the sponsor's sincerity in trying 23 to get a more democratic and workable solution 24 to the problem of statewide vacancies, I 25 think -- and I know my colleague Senator

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(518) 371-8910 1 Connor would agree -- sometimes the devil is 2 the details. 3 And I would want to know what 4 protection there was for people to advance 5 independent candidacies, especially in light 6 of the fact that if the state committees of 7 the parties were going to nominate candidates, 8 that would generally exclude, in an open 9 primary, usually the winner of those 10 primaries. Because if past history continues, 11 having the designation of the state parties in 12 an open primary often leads you to second or 13 third place in a real primary. 14 So I would want to protect the 15 interests of all New Yorkers. I'd want to see 16 more detail. I voted against this bill in the 17 past, and I will do so again, recognizing the 18 sincerity of trying to advance democracy that 19 the chairman of the Election Law committee 20 has. So I'll be voting in the negative. 21 ACTING PRESIDENT MORAHAN: Thank 22 you, Senator Sabini. You will be recorded in 23 the negative. 24 Any other Senator wish to be heard? 25 Senator Connor.

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(518) 371-8910 1 SENATOR CONNOR: Yes, thank you, 2 Mr. President. 3 I actually have a similar bill in, 4 and voted for this in the past. 5 But it's amazing to me, 6 Mr. President, how the Republican Party has 7 changed. Because prior to 1952 or '54, I 8 think it was, there were special elections 9 when these offices were vacant. And at a time 10 when the Republican Party dominated both 11 houses of the Legislature, they passed the 12 current provision for election by a joint 13 session. So it's a case of watch what you 14 wish for, Mr. President. 15 The fact of the matter is any way 16 you look at it, it's political. Now they come 17 forward with it when for many years in a joint 18 session they have not been the majority, and 19 they want to go back on something that their 20 party advocated and pushed through many years 21 ago. 22 That said, I think it's always a 23 good idea to let the people choose. While 24 this is a constitutional amendment, it won't 25 automatically trigger anything without

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(518) 371-8910 1 enabling legislation, and I would certainly be 2 vigilant to make sure that the enabling 3 legislation provided an opportunity for other 4 than just the party leaders to pick the 5 candidates. 6 So I'm going to vote yes, 7 Mr. President, but this isn't the whole 8 package. I'd like to see some enabling 9 legislation, certainly before this amendment 10 were ever to receive its second passage and go 11 on to the people. 12 ACTING PRESIDENT MORAHAN: Thank 13 you, Senator Connor. You will be recorded in 14 the affirmative. 15 Any other Senator wishing to be 16 heard? If not, the Secretary will ring the 17 bell. 18 Call the roll on the resolution. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results when available. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1681 are 24 Senators Breslin, Dilan, Duane, Klein, 25 L. Krueger, Onorato, Parker, Perkins, Sabini,

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(518) 371-8910 1 Sampson, Schneiderman, Smith, Stachowski and 2 Thompson. 3 Absent from voting: Senators 4 Gonzalez, Hassell-Thompson, Huntley, Rath and 5 Serrano. 6 Ayes, 41. Nays, 14. 7 ACTING PRESIDENT MORAHAN: The 8 concurrent resolution is adopted. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1682, substituted earlier today by Member of 12 the Assembly Koon, Assembly Print Number 6906, 13 an act to amend the Economic Development Law 14 and others. 15 SENATOR LIZ KRUEGER: 16 Explanation. 17 ACTING PRESIDENT MORAHAN: 18 Senator Flanagan, Senator Krueger is 19 requesting an explanation. 20 SENATOR FLANAGAN: Thank you, 21 Mr. President. 22 Very simply, this requires that our 23 economic development agencies gear their 24 efforts towards small business with an eye 25 towards getting 20 percent of the funds that

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(518) 371-8910 1 are available to go to small business. 2 SENATOR LIZ KRUEGER: Through 3 you, Mr. President, if the sponsor would 4 yield. 5 ACTING PRESIDENT MORAHAN: 6 Senator Flanagan, will you yield for a 7 question from Senator Krueger? 8 SENATOR FLANAGAN: Yes, I will. 9 SENATOR LIZ KRUEGER: Thank you. 10 Could you define "small business" 11 in this law? 12 SENATOR FLANAGAN: No, I don't 13 define it in this law. But it is defined in 14 New York State statute. In the Economic 15 Development Law, Section 131, "small business" 16 is defined. 17 SENATOR LIZ KRUEGER: I'm going 18 to ask my counsel, if I find him, to look at 19 that. 20 Mr. President, if through you the 21 sponsor would yield. 22 ACTING PRESIDENT MORAHAN: 23 Senator Flanagan, will you continue to yield 24 to Senator Krueger? 25 SENATOR FLANAGAN: Yes.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Could you 2 define "entrepreneur" in this law? 3 SENATOR FLANAGAN: Is it defined? 4 No. 5 SENATOR LIZ KRUEGER: Mr. 6 President, if through you the sponsor would 7 continue to yield. 8 ACTING PRESIDENT MORAHAN: 9 Senator Flanagan, would you continue to yield? 10 SENATOR FLANAGAN: Yes. 11 SENATOR LIZ KRUEGER: Thank you. 12 This law would require 20 percent 13 of the contracts going through the Economic 14 Development Corporation or the Urban 15 Development Corporation to go to, quote, small 16 business and entrepreneurs; is that correct? 17 SENATOR FLANAGAN: That's 18 correct. 19 SENATOR LIZ KRUEGER: Thank you. 20 Mr. President, if through you the 21 sponsor would continue to yield. 22 ACTING PRESIDENT MORAHAN: 23 Senator Flanagan, will you continue to yield 24 to Senator Krueger? 25 SENATOR FLANAGAN: Yes.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Are you 2 familiar with the rules within economic 3 development for targets of contracts for MWBE 4 businesses? 5 SENATOR FLANAGAN: Yes, I am. 6 SENATOR LIZ KRUEGER: Mr. 7 President, if the sponsor would continue to 8 yield. 9 ACTING PRESIDENT MORAHAN: 10 Senator Flanagan, will you continue to yield 11 to Senator Krueger? 12 SENATOR FLANAGAN: Yes, 13 Mr. President. 14 ACTING PRESIDENT MORAHAN: The 15 Senator yields. 16 SENATOR LIZ KRUEGER: So we both 17 know that under MWBE, there's actually a 18 definition of what is a minority or a 19 woman-owned business, they have to be 20 certified, there is an evaluation done on the 21 percentage of state business going through 22 certified, quantified MWBE businesses, and out 23 of that research and analysis then the target 24 is attempted to be met. 25 Your bill would have 20 percent

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(518) 371-8910 1 going to entrepreneurs and small business, but 2 at least in Economic Development Law and in 3 your proposal, I can't find definitions of who 4 those entities would be. So how would we have 5 a parallel type of model to what we have in 6 MWBE? 7 SENATOR FLANAGAN: Well, under 8 the Economic Development Law, a small business 9 is defined as being deemed to be one which is 10 resident in the state, independently owned and 11 operated, not dominant in its field, and 12 employs 100 or less persons. 13 I'm confident that our economic 14 development agencies can ascertain what 15 businesses would qualify and those that would 16 not. 17 SENATOR LIZ KRUEGER: If through 18 you, Mr. President, the sponsor would continue 19 to yield. 20 ACTING PRESIDENT MORAHAN: 21 Senator Flanagan, will you continue to yield 22 to Senator Krueger? 23 SENATOR FLANAGAN: Yes. 24 ACTING PRESIDENT MORAHAN: The 25 Senator yields.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you. 2 How would we do that same 3 assignment for entrepreneurs if we haven't 4 defined "entrepreneur"? 5 SENATOR FLANAGAN: Senator 6 Krueger, you are correct. But I'm going to go 7 out on the proverbial limb and suggest that 8 the people who hold these types of positions 9 in these agencies will be well equipped to 10 make a determination about who would qualify 11 and who would not. 12 SENATOR LIZ KRUEGER: If through 13 you the sponsor would continue to yield, 14 Mr. President. 15 ACTING PRESIDENT MORAHAN: 16 Senator Flanagan, will you continue to yield 17 to Senator Krueger? 18 SENATOR FLANAGAN: Yes. 19 SENATOR LIZ KRUEGER: Thank you. 20 So we would have a new 20 percent 21 target for small business and entrepreneurs. 22 How would that overlap or contradict our 23 mandates in MWBE programs at this time, since 24 to some degree they'd be competing? 25 SENATOR FLANAGAN: I don't view

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(518) 371-8910 1 them as being mutually exclusive. I think 2 there could be a complementary effort. There 3 are probably a number of small businesses that 4 would also qualify under the qualifications of 5 MWBE. I don't think one has to be to the 6 exclusion of the other. 7 SENATOR LIZ KRUEGER: Mr. 8 President, if through you the sponsor would 9 continue to yield. 10 ACTING PRESIDENT MORAHAN: 11 Senator Flanagan, will you continue to yield 12 to Senator Krueger? 13 SENATOR FLANAGAN: Yes. 14 ACTING PRESIDENT MORAHAN: The 15 sponsor yields. 16 SENATOR LIZ KRUEGER: Thank you. 17 I do appreciate this dialogue. 18 All right, so we've established 19 what we define as a small business, and it 20 actually has to be a New York State business, 21 but we don't have a definition for 22 entrepreneur. Would it concern you if this 23 mandated contracting out to people who define 24 themselves as entrepreneurs with very large 25 businesses not even here in New York State?

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(518) 371-8910 1 SENATOR FLANAGAN: The concept of 2 the legislation is to be geared towards small 3 business and entrepreneurs within the State of 4 New York. I think being consistent with the 5 definition of a small business, that whether 6 it's Economic Development or Empire State 7 Development, I think their first premise and 8 operation would be to look at businesses in 9 New York State. 10 And no, do I think they would be 11 looking at a business that would be too large 12 and outside the State of New York? I don't. 13 SENATOR LIZ KRUEGER: Mr. 14 President, on the bill. 15 ACTING PRESIDENT MORAHAN: 16 Senator Krueger, on the bill. 17 SENATOR LIZ KRUEGER: Thank you. 18 So earlier today we had a long 19 discussion about what was a big cat and what 20 was a zoo and who would define it as such. 21 And one could argue that this would have a 22 much larger impact on the State of New York. 23 I don't disagree with the proposal 24 to try to ensure that when the State of 25 New York does business with the people's money

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(518) 371-8910 1 (A) we keep it here in the State of New York, 2 (B) we recognize the importance of supporting 3 small business, because I think too much of 4 our economic development policies favor large 5 corporations at the expense of small business. 6 I'm also, by definition, not, of 7 course, opposed to supporting home-grown 8 entrepreneurs. My concern is, again, the 9 definitions or the lack thereof in your 10 proposal where, as I read this bill, I could 11 actually be a large corporation in another 12 state who defines myself as entrepreneurial 13 and as someone who defines myself as an 14 entrepreneur at the top of that corporation, 15 and I could take a stab at arguing that what 16 we meant was that the State of New York should 17 do business with me even if I'm a very large 18 corporate entity outside the State of 19 New York. 20 So my concern is in the definitions 21 or the lack thereof in the bill. I'm also 22 concerned that since we don't have the 23 definitions, it's very hard to determine how 24 we would have certifications. Because, again, 25 if I read this as somewhat parallel to what

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(518) 371-8910 1 we're attempting to do with MWBE in the State 2 of New York, where of course we all know we 3 haven't really met our requirements for quite 4 some time, that really the definitions of who 5 you are to be certified is very important to 6 be clarified in law -- who you are as far as 7 percentages out there in order to count who 8 are we doing business with now, do they meet 9 that criteria, who would we do business with 10 instead, have they met the criteria. 11 That we need to go further than you 12 have in this bill to clarify that we would 13 actually accomplish your goals of ensuring 14 that more of the state money does in fact get 15 used by small businesses and, quote, unquote, 16 home-grown state entrepreneurs. 17 I'm also a little concerned, 18 because of the lack of definitions and how it 19 would fit into the existing Economic 20 Development Law, what this could mean for 21 existing MWBE businesses. Because would they 22 simply be rolled into this new category, would 23 they have separate certification and numbers 24 requirements still placed on government 25 participating in meeting its MWBE

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(518) 371-8910 1 requirements? 2 Again, I will admit that I don't 3 think we've been doing it right up until now 4 on MWBE, which is one of the reasons I'm 5 concerned about leaving it to the agencies to 6 come up with all these answers not yet 7 answered in this bill. 8 So while I actually overall like 9 where you're trying to go with this, I'm very 10 concerned that this is not defined nearly 11 enough, and therefore I'm not clear what the 12 outcome would be. 13 And so I'm going to vote no, hoping 14 that we can come up with some amendments that 15 might actually pass both houses that would 16 help me answer. And in fact if this bill 17 passes both houses and we have to face that 18 issue even with my concerns, I'm hoping you'll 19 be interested in working with me to try to get 20 those clarifications into the law, because I 21 think that that's really where this will all 22 succeed or fall apart. 23 Thank you, Mr. President. 24 ACTING PRESIDENT MORAHAN: Thank 25 you, Senator Krueger.

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(518) 371-8910 1 Any other Senator wish to be heard? 2 Senator Stewart-Cousins. 3 SENATOR STEWART-COUSINS: Yes, 4 thank you, Mr. President. I too wanted to 5 rise. 6 First of all, I certainly wanted to 7 commend Senator Flanagan for dealing with the 8 small business issue. Obviously we know that 9 it is a huge economic engine. Obviously we 10 know that there are so many jobs that are 11 provided by small businesses. In fact, most 12 of our jobs are provided by small business. 13 But I echo my colleague Senator 14 Krueger's concerns with regard to minority and 15 women-owned businesses. Obviously in the 16 State of New York we know that in terms of 17 minority businesses and women-owned 18 businesses, the state does less than 1 percent 19 business with either of those categories. And 20 many of them obviously are small businesses. 21 There's nothing that would have 22 prevented us from setting aside other than the 23 fact that it seems that it is not 24 constitutional. We are told that we have to 25 do a disparity study in order to make those

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(518) 371-8910 1 preferences. And that, despite what we see as 2 obvious in terms of the utilization of 3 minority businesses and women-owned 4 businesses, has delayed us from creating 5 preferences. 6 So at this point I am supportive, 7 but I'm certainly wondering why we are now 8 investing a million dollars in terms of a 9 disparity study if we could so easily just set 10 preferences. If indeed that is true, I would 11 love to have this piece of legislation amended 12 to allow for the preferences that we've sought 13 for minority and women-owned businesses who, 14 again, have been rather underrepresented in 15 the business that we do with the state. 16 This being said, because small 17 businesses are at the focal point and because 18 it is important, I will certainly support this 19 legislation. But I do hope, as my colleague 20 Senator Krueger says, that we will be able to 21 have something that also looks at the issue of 22 minority and women-owned businesses and 23 addresses them. 24 ACTING PRESIDENT MORAHAN: Thank 25 you, Senator.

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(518) 371-8910 1 Any other Senator wishing to be 2 heard? 3 Debate is closed. The Secretary 4 will ring the bells. 5 The Secretary will read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: The 13 Secretary will announce the results when 14 available. 15 Can we have a little order in the 16 house, please. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1682 are 19 Senators L. Krueger and Perkins. 20 Absent from voting: Senators 21 Gonzalez, Hassell-Thompson, Huntley, Rath and 22 Serrano. 23 Ayes, 53. Nays, 2. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1684, by Senator Trunzo, Senate Print 4174, an 4 act to amend the General Municipal Law and 5 others. 6 ACTING PRESIDENT MORAHAN: There 7 is a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 10. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MORAHAN: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: In relation to 15 Calendar Number 1684, absent from voting: 16 Senators Gonzalez, Hassell-Thompson, Huntley, 17 Rath and Serrano. 18 Ayes, 55. Nays, 0. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 If the Senators in the chamber will 22 take their seats, we're now going to take on 23 the last bill of the day. 24 THE SECRETARY: Calendar Number 25 1692, by Senator O. Johnson, Senate Print

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(518) 371-8910 1 6728A, an act to amend Chapter 635 of the Laws 2 of 1987. 3 SENATOR SABINI: Explanation. 4 ACTING PRESIDENT MORAHAN: 5 Senator Johnson, an explanation has been 6 requested. 7 SENATOR O. JOHNSON: Well, in 8 1988 there was a piece of land that belonged 9 to the Pilgrim State Hospital, and there was 10 talk about developing it. So I got hold of 11 it, got it transferred to what we call now the 12 Oak Brush Plain Preserve. 13 It's 850 acres of land, 14 environmental land. It's situated along the 15 high point of Long Island where the water runs 16 either way both sides, a great recharge area 17 for fresh water, a lot of critters run around 18 in there, people walk through on nature walks. 19 It's a wonderful thing. 20 There was 118 acres that was not 21 included in the preserve at that time. Now 22 we're adding that 118 acres to the 850, to 23 make a total of 970 acres. 24 ACTING PRESIDENT MORAHAN: 25 Senator Sabini.

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(518) 371-8910 1 SENATOR SABINI: Mr. President, 2 if the sponsor would yield for questions. 3 ACTING PRESIDENT MORAHAN: 4 Senator Johnson, will you yield to Senator 5 Sabini for a question? 6 SENATOR OWEN JOHNSON: Yes, 7 Mr. President. 8 SENATOR SABINI: Mr. President, 9 through you, is the land currently in a 10 natural state right now that you would want it 11 in the preserve? 12 SENATOR OWEN JOHNSON: Yes, 13 essentially it is. 14 SENATOR SABINI: Mr. President, 15 through you, if the sponsor would continue to 16 yield. 17 ACTING PRESIDENT MORAHAN: 18 Senator Johnson, will you continue to yield? 19 SENATOR OWEN JOHNSON: Yes, I 20 will. 21 ACTING PRESIDENT MORAHAN: The 22 Senator yields. 23 SENATOR SABINI: I thought during 24 the explanation you said this was the grounds 25 of Pilgrim State Hospital. And my

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(518) 371-8910 1 recollection of that property is that there 2 was a large long-term care facility there. 3 ACTING PRESIDENT MORAHAN: Is 4 there a question there? 5 SENATOR SABINI: So, I mean, is 6 it natural or not natural? 7 SENATOR OWEN JOHNSON: Is that a 8 question? 9 SENATOR SABINI: Yes. 10 SENATOR OWEN JOHNSON: Your 11 recollection is correct. 12 SENATOR SABINI: Mr. President, 13 I'm at a loss, then. Is that a long-term 14 healthcare facility or a naturally wild 15 habitat? 16 SENATOR OWEN JOHNSON: Your 17 recollection has been altered by time and 18 actions. 19 SENATOR SABINI: So it's not in a 20 natural state, is that what I'm being told? 21 ACTING PRESIDENT MORAHAN: 22 Senator Sabini, are you asking Senator Johnson 23 to yield? 24 SENATOR SABINI: Yes, Mr. 25 President.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Senator Johnson, will you yield to Senator 3 Sabini? 4 SENATOR OWEN JOHNSON: There was 5 a structure there which has been demolished 6 and eliminated. 7 SENATOR SABINI: Mr. President, 8 perhaps I'll rephrase the question. Are there 9 currently structures on the property? 10 SENATOR OWEN JOHNSON: No 11 structures at the moment. Two minor 12 electrical transfer stations, but they're 13 separated out from this parcel. 14 SENATOR SABINI: Mr. President, 15 through you, if the sponsor would continue to 16 yield. 17 ACTING PRESIDENT MORAHAN: 18 Senator Johnson, will you continue to yield to 19 Senator Sabini? 20 SENATOR OWEN JOHNSON: Yes. 21 ACTING PRESIDENT MORAHAN: The 22 sponsor yields. 23 SENATOR SABINI: Are there 24 roadways on the site now? 25 SENATOR OWEN JOHNSON: Vestiges

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(518) 371-8910 1 of a roadway exist, yes. But all the rest of 2 the land which is not under the road -- in 3 fact, the road is used for hiking through the 4 property. It all reverted to natural growth 5 and so forth. 6 SENATOR SABINI: So I'm to 7 ascertain that the part that aren't roads are 8 not roads and the parts that are roads -- 9 ACTING PRESIDENT MORAHAN: Are 10 you on the bill, Senator? 11 SENATOR SABINI: No, no, I'm just 12 trying to get it straight in my mind. 13 Mr. President, through you, if the 14 sponsor would continue to yield. Is it not 15 the case that -- 16 ACTING PRESIDENT MORAHAN: 17 Senator Johnson, will you continue to yield? 18 SENATOR OWEN JOHNSON: Yes, I 19 will, Mr. President. 20 ACTING PRESIDENT MORAHAN: 21 Senator Sabini, he yields again. 22 SENATOR SABINI: -- that the 23 New York State Department of Transportation is 24 seeking to site, as stated in the sponsor's 25 memo, the Long Island Truck and Rail

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(518) 371-8910 1 Intermodal Facility at that site? 2 SENATOR OWEN JOHNSON: Yes, they 3 would like to have that. But we're not 4 permitting them to take that property because 5 there are other sites for that to be located 6 which will not be in a nature preserve. 7 ACTING PRESIDENT MORAHAN: 8 Senator Sabini. 9 SENATOR SABINI: On the bill, 10 Mr. President. 11 ACTING PRESIDENT MORAHAN: 12 Senator Sabini, on the bill. 13 SENATOR SABINI: Thank you, 14 Mr. President. 15 I'm very concerned about 16 transferring this property. State DOT has 17 long sought to put the Long Island Intermodal 18 Facility at this site, and as the ranker on 19 Transportation it makes me concerned. 20 I don't believe, based on 21 information State DOT has given out, that 22 there are alternative sites. The sponsor's 23 memorandum said says there's no cost to the 24 state in the transfer of this land. Actually, 25 there would be a cost to the state, because

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(518) 371-8910 1 they would have to acquire other land to do 2 this project. 3 Now, you might not want to do the 4 project at all, and maybe the sponsor doesn't 5 and maybe there are people in this room that 6 don't. But I think the project would be one 7 that would reduce truck traffic throughout the 8 downstate region, including areas like Queens 9 and Nassau and Suffolk. 10 And New York State DOT says that 11 the site selection criteria necessary to site 12 the intermodal facility is access to the Long 13 Island Railroad, at least 50 to 100 acres, 14 access to major east-west truck routes, a site 15 that's suitable to usage for an intermodal 16 facility, and minimal social and environmental 17 impact. 18 ACTING PRESIDENT MORAHAN: 19 Senator Flanagan, why do you rise? 20 SENATOR FLANAGAN: I rise to ask 21 if Senator Sabini would yield to a question. 22 ACTING PRESIDENT MORAHAN: 23 Senator Sabini, would you yield for a question 24 from Senator Flanagan? 25 SENATOR SABINI: I'll be happy to

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(518) 371-8910 1 yield to Senator Flanagan as soon as I finish 2 my statement. 3 ACTING PRESIDENT MORAHAN: The 4 Senator refuses to yield at the moment. 5 SENATOR SABINI: For the moment. 6 State DOT says that Pilgrim State 7 Hospital is the only site that met all the 8 criteria for this type of project. If we want 9 to continue to try to reduce greenhouse gases 10 and to minimize truck traffic, it's important 11 we utilize rail freight, whether that be our 12 Cross-Harbor Tunnel or throughout Long Island. 13 And I want to raise the concern of 14 the New York State Department of 15 Transportation, and to those who are concerned 16 about transit issues all over the state, that 17 loss of this site may jeopardize the Long 18 Island Intermodal Truck and Rail Facility. 19 And so that is my concern that I 20 wanted to raise at this time, and I'm 21 interested in hearing what Senator Flanagan's 22 question is. 23 ACTING PRESIDENT MORAHAN: 24 Senator Flanagan. 25 SENATOR FLANAGAN: Mr. President,

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(518) 371-8910 1 through you. 2 Senator Sabini, do you have a 3 memorandum of opposition from State DOT? 4 SENATOR SABINI: Through you, 5 Mr. President, I actually have a PowerPoint 6 presentation from State DOT saying this is the 7 only site they believe is suitable for this. 8 SENATOR FLANAGAN: I appreciate 9 your answer, but that doesn't really answer my 10 question. 11 ACTING PRESIDENT MORAHAN: 12 Senator Flanagan, do you ask that Senator 13 Sabini continue to yield? 14 SENATOR FLANAGAN: Yes. 15 ACTING PRESIDENT MORAHAN: 16 Senator, do you yield? 17 SENATOR SABINI: Yes. 18 ACTING PRESIDENT MORAHAN: The 19 Senator yields. 20 SENATOR FLANAGAN: I appreciate 21 the PowerPoint presentation comment, but do 22 you have a memorandum of opposition on this 23 bill? 24 SENATOR SABINI: Mr. President, 25 through you, no, I don't.

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(518) 371-8910 1 But I even have a newsletter from 2 the Tri-State Regional Transportation Campaign 3 dating back to 2003 saying the only parcel in 4 Central Long Island where an intermodal 5 freight yard would be feasible is this site. 6 SENATOR FLANAGAN: Mr. President, 7 would Senator Sabini continue to yield. 8 ACTING PRESIDENT MORAHAN: 9 Senator Sabini, will you continue to yield? 10 SENATOR SABINI: Yes, 11 Mr. President. 12 ACTING PRESIDENT MORAHAN: The 13 Senator yields. 14 SENATOR FLANAGAN: Are you aware 15 that there are other sites that have been 16 considered and are under consideration that 17 would require no purchase by New York State 18 Department of Transportation which in fact are 19 state-owned lands? 20 SENATOR SABINI: Through you, 21 Mr. President, no, I am not. But I am aware 22 of the fact that State DOT has said this is 23 this the only available property that they 24 believe is feasible for this. 25 And if there are, I'd like to hear

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(518) 371-8910 1 about them. 2 SENATOR FLANAGAN: Mr. President, 3 would Senator Sabini continue to yield. 4 ACTING PRESIDENT MORAHAN: 5 Senator Sabini, do you continue to yield? 6 SENATOR SABINI: Yes. 7 ACTING PRESIDENT MORAHAN: The 8 Senator yields. 9 SENATOR FLANAGAN: Are you 10 familiar with Crooked Hill Road in Suffolk 11 County? 12 SENATOR SABINI: Through you, 13 Mr. President, yes, I am. 14 And I wasn't aware it was 15 considered as a site. I can just tell you 16 what I've read from State DOT. 17 SENATOR FLANAGAN: Are you aware 18 of Commack Road in Suffolk County? 19 SENATOR SABINI: Yes. 20 SENATOR FLANAGAN: Are you aware 21 of Long Island Avenue -- 22 ACTING PRESIDENT MORAHAN: 23 Senator Flanagan, are you asking the Senator 24 to continue to yield? 25 SENATOR FLANAGAN: I'm sorry,

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(518) 371-8910 1 Mr. President. Will Senator Sabini to 2 continue to yield. 3 ACTING PRESIDENT MORAHAN: Give 4 him time to think of the answer. 5 SENATOR SABINI: Yes, 6 Mr. President. 7 ACTING PRESIDENT MORAHAN: The 8 Senator yields. 9 SENATOR SABINI: Yes. 10 SENATOR FLANAGAN: Are you aware 11 of Long Island Avenue in Suffolk County? 12 SENATOR SABINI: Yes, 13 Mr. President. And yes. 14 ACTING PRESIDENT MORAHAN: Are 15 you asking the Senator to yield again? 16 SENATOR FLANAGAN: Yes, I am, 17 Mr. President. 18 SENATOR SABINI: Yes and yes. 19 SENATOR FLANAGAN: Thank you, 20 Mr. President. On the bill. 21 ACTING PRESIDENT MORAHAN: 22 Senator Flanagan, on the bill. 23 SENATOR FLANAGAN: I appreciate 24 listening to the comments, but I'm going to 25 join in with my colleague Senator Johnson, and

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(518) 371-8910 1 I know Senator Trunzo has had a deep and 2 abiding interest in this issue. And this is a 3 broad perspective, but frankly it's also a 4 very local perspective. 5 The reason I asked Senator Sabini 6 if he was familiar with these roadways is 7 because this facility and this property and 8 this proposal has been around for a number of 9 years, and frankly it happens to be right at 10 the corner or the end of three Senate 11 districts, Senator Johnson's, Senator 12 Trunzo's, and the district that I happen to 13 represent. 14 So while State DOT has their own 15 blueprint for certain things, we are the ones 16 who are actually in the streets in the 17 communities who are dealing with issues that 18 affect our constituents. 19 Now, I will tell you in many 20 respects I don't even believe we need this 21 legislation, because I think what 22 Senator Johnson did in 1987 was a very strong 23 piece of legislation. And in fact it 24 basically said for whatever property is left, 25 if it's not really being used for mental

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(518) 371-8910 1 health purposes, then it should be gone into 2 this preserve. 3 There are those who have 4 interpreted it differently, and frankly that 5 is why we have this legislation here before us 6 today. We didn't want to lack for any clarity 7 in terms of what was being done here. We 8 wanted to take a belt-and-suspenders approach 9 and make sure that the consistency of the 1987 10 statute was followed. 11 The land is vacant, it is in a 12 natural state. The psychiatric center that 13 was there has been removed from the property. 14 And frankly, we believe that this is in the 15 best interests of the people in those 16 surrounding communities. 17 And, Mr. President, one of the 18 primary reasons is because there have been a 19 number of intervening factors over which the 20 State of New York has no control. The 21 surrounding towns -- 22 ACTING PRESIDENT MORAHAN: 23 Senator Sabini, why do you rise? 24 SENATOR SABINI: I was going to 25 ask to him to yield for a question. I'll let

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(518) 371-8910 1 him finish. 2 ACTING PRESIDENT MORAHAN: Why 3 don't you sit till you're ready to do that. 4 SENATOR SABINI: I just don't 5 want to get rushed here. 6 ACTING PRESIDENT MORAHAN: Thank 7 you. Senator Flanagan to continue. 8 SENATOR FLANAGAN: There have 9 been a number of intervening factors that has 10 been precipitated by actions taken by local 11 governments -- the Town of Huntington, the 12 Town of Smithtown, the Town of Babylon as well 13 as Suffolk County. 14 This proposal, when it first came 15 about, had a lot more merit to it because 16 there wasn't as much going on. We are now 17 suffering from the effects of overdevelopment 18 in those areas. I represent Commack Road; it 19 is a bad road at 2 o'clock in the morning. 20 Those surrounding communities are suffering. 21 There are viable alternatives to 22 this site. This property should have been 23 maintained as a preserve. This will make sure 24 that it's being done. Assemblyman Ramos and 25 Assemblyman Conte and Assemblyman Raia are

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(518) 371-8910 1 pushing for this very clearly in the New York 2 State Assembly. 3 And, Senator Sabini, I sit on the 4 Transportation Committee, and I'm acutely 5 sensitive to these types of issues. But in 6 reality, there's a better way to do this, and 7 we need to be responsive in that respect. 8 ACTING PRESIDENT MORAHAN: 9 Senator Sabini. 10 SENATOR SABINI: Mr. President, 11 would Senator Flanagan yield to a question. 12 ACTING PRESIDENT MORAHAN: 13 Senator Flanagan, will you yield to Senator 14 Sabini? 15 SENATOR FLANAGAN: Yes, I will. 16 ACTING PRESIDENT MORAHAN: The 17 Senator yields. 18 SENATOR SABINI: I haven't said 19 how I'm voting on this, because, you know, we 20 have a situation in the Gansevoort Pier that 21 Senator Duane is involved in, and some people 22 wanted to have local concerns over global 23 concerns, and you can come down either way on 24 that. 25 So I appreciate the local concerns

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(518) 371-8910 1 that Senator Flanagan and Senator Owen Johnson 2 have raised. 3 I'm just wondering if Senator 4 Flanagan and others had expressed their 5 concern when this project was proposed during 6 the Pataki administration. 7 SENATOR FLANAGAN: Yes. 8 ACTING PRESIDENT MORAHAN: The 9 answer is yes. 10 SENATOR SABINI: Thank you, 11 Mr. President. 12 ACTING PRESIDENT MORAHAN: Thank 13 you, Senator Sabini. 14 Any other Senator wish to be heard? 15 Senator Schneiderman. 16 SENATOR SCHNEIDERMAN: Thank you, 17 Mr. President. 18 I want to thank Senator Sabini for 19 raising an issue. And I must say that I'm not 20 quite sure I understand how preventing a 21 multimodal facility from being sited in 22 Suffolk County, which in fact is what this 23 bill would do -- I mean, this is the site that 24 DOT and everyone recognizes is the best site. 25 It is indeed the congestion there

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(518) 371-8910 1 that we're seeking to relieve. One of the 2 biggest problems we've got in New York State 3 is we have an excess of truck traffic. Every 4 time you site a multimodal facility, it gets 5 trucks off the road. It reduces congestion. 6 So I must say I don't really see 7 this as anything other than an effort to block 8 a facility at the one site that has been 9 approved. If there is another site that has 10 been identified and has been approved by DOT, 11 then bring it forth. But at this late date, 12 after this has been pending for such a long 13 period of time, let's acknowledge that this is 14 simply an effort to block the location of a 15 multimodal facility. 16 Not only has State DOT expressed 17 its concern about this, but I know that our 18 Congressional delegation, the leader on 19 transit funding in the Congressional 20 delegation, Congressman Jerry Nadler, has 21 expressed concern with how difficult it is to 22 put a multimodal facility into Suffolk County. 23 He's also working on behalf of us getting a 24 rail freight tunnel that would require a 25 multimodal facility in the City of New York.

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(518) 371-8910 1 So he's not picking one part of the state. 2 But if we do not reduce our 3 reliance on truck traffic, our air will get 4 worse, our congestion will get worse, and our 5 prices will stay higher. So I would commend 6 to all of you who care about the long-term 7 viability of our transportation system and of 8 our environment to oppose this bill. 9 This is not something that really 10 proffers an alternative, as Senator Duane did 11 when the issue of Gansevoort came up. He has 12 a site identified very close to the existing 13 site that has been analyzed and would serve 14 equally well as the site that was proposed by 15 the city. 16 Here we're just seeing an effort to 17 block this by taking an area to make it into a 18 wildlife preserve when the memo in support of 19 the bill says that the problem is this is 20 surrounded by all this traffic and congestion. 21 I'm not sure what kind of a wildlife preserve 22 you want in a traffic-congested area. 23 I vote no. I urge everyone to vote 24 no, Mr. President. 25 ACTING PRESIDENT MORAHAN: Any

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(518) 371-8910 1 other Senator wish to be heard? 2 Debate is closed. The Secretary 3 will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MORAHAN: 11 Announce the results when available. 12 Senator Flanagan, to explain his 13 vote. 14 SENATOR FLANAGAN: Thank you, 15 Mr. President. 16 I just want to make two points. I 17 want to congratulate and thank Senator Johnson 18 for not only passing this bill but, 20 years 19 ago, long before anybody was really talking 20 about these types of things, he helped create 21 what is a wildlife preserve or a preserve that 22 is maintained by the DEC that is loved by many 23 of the community groups who happen to use it 24 for hiking and biking and many other things. 25 It was an 800-acre preserve at a

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(518) 371-8910 1 time when the State of New York just wasn't 2 doing these kinds of things. So he was way 3 out in front then. This is frankly a 4 complement and a continuation of what was 5 started over 20 years ago. 6 And I listened to the comments 7 about Congressman Nadler being in opposition 8 to this. I can tell you very comfortably and 9 confidently that Congressman Israel, who 10 happens to actually represent the area, is in 11 equally strong commitment to what we are 12 trying to do, and we have individually and 13 collectively met with our federal 14 representatives and pushed this very issue. 15 I vote in the affirmative. 16 ACTING PRESIDENT MORAHAN: Thank 17 you, Senator Flanagan. You will be recorded 18 in the affirmative. 19 Senator Craig Johnson. 20 SENATOR CRAIG JOHNSON: Thank 21 you, Mr. President. 22 I rise also to vote yes and 23 congratulate Senator Owen Johnson on this 24 piece of legislation. 25 I've expressed my opposition as

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(518) 371-8910 1 well to the intermodal facility, joining 2 Senator Flanagan, Senator Johnson, and Senator 3 Trunzo on this, because siting it at this 4 location also has a direct impact in Nassau 5 County, as they're going to be required to use 6 the Main Line for freight purposes, and I've 7 been adamantly opposed to that effort. 8 I wish that the Senate Republican 9 Majority had joined our petition to discharge, 10 my petition to discharge for my bill that 11 would have given my communities the ability to 12 say yea or nay on the third track, a very 13 similar piece of legislation. 14 Here we are acceding to the desires 15 of the community, led by Senator Owen Johnson 16 and Senator Flanagan and Senator Trunzo, 17 communities who are concerned about what this 18 intermodal facility will do. I just wish that 19 the Senate Republicans would have joined me 20 and my delegation to allow my bill to prevent 21 the third track from coming into the Seventh 22 Senatorial District the same consideration. 23 But I will vote yes on this piece 24 of legislation. Thank you. 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Senator Farley, to explain his vote. 2 SENATOR FARLEY: I want to get up 3 and congratulate Senator Johnson on this 4 wonderful piece of legislation. You're an 5 absolute credit to the Marine Corps. I vote 6 aye. 7 (Laughter.) 8 ACTING PRESIDENT MORAHAN: Thank 9 you. You will be recorded in the affirmative. 10 Senator Craig Johnson will also be 11 recorded in the affirmative. 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1692 are 15 Senators Dilan, L. Krueger, Parker, Perkins, 16 Sabini, Sampson and Schneiderman. 17 Absent from voting: Senators 18 Gonzalez, Hassell-Thompson, Huntley, Rath and 19 Serrano. 20 Ayes, 48. Nays, 7. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 Senator Fuschillo. 24 SENATOR FUSCHILLO: Mr. 25 President, may we please return to the reports

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(518) 371-8910 1 of standing committees. I believe there's 2 another report of the Rules Committee at the 3 desk. 4 ACTING PRESIDENT MORAHAN: 5 Reports of standing committees. 6 The Secretary will read. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, reports the 9 following bills: 10 Senate Print 476, by Senator 11 Bonacic, an act to amend the Public Health 12 Law; 13 1130, by Senator Little, an act to 14 amend the General City Law and others; 15 1665, by Senator Padavan, an act to 16 amend the Family Court Act; 17 1851, by Senator LaValle, an act to 18 amend the General Municipal Law; 19 3849, by Senator Flanagan, an act 20 to amend the Economic Development Law; 21 4010, by Senator Diaz, an act to 22 amend the Executive Law; 23 4429, by Senator Leibell, an act to 24 amend the Military Law; 25 5425B, by Senator Padavan, an act

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(518) 371-8910 1 to amend the Tax Law; 2 5693, by Senator Flanagan, an act 3 to amend the Tax Law; 4 5892A, by Senator Saland, an act to 5 amend the Education Law; 6 5899A, by Senator Griffo, an act to 7 amend the State Technology Law; 8 6445, by Senator Lanza, an act to 9 amend the Correction Law; 10 6948, by Senator Golden, an act to 11 amend the Public Authorities Law; 12 7168, by Senator Griffo, an act to 13 amend the Agriculture and Markets Law; 14 7921, by Senator Bonacic, an act to 15 authorize; 16 7944, by Senator Flanagan, an act 17 to amend the Public Officers Law; 18 8072, by Senator Morahan, an act to 19 authorize; 20 8117B, by Senator LaValle, an act 21 to amend the Public Health Law; 22 8124, by Senator Lanza, an act to 23 amend the Vehicle and Traffic Law; 24 8259, by Senator Bruno, an act 25 authorizing;

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(518) 371-8910 1 8305, by Senator Robach, an act to 2 amend the Public Authorities Law; 3 8312, by Senator Leibell, an act in 4 relation in state aid payments; 5 8316, by Senator Volker, an act in 6 relation to transportation; 7 8364, by the Senate Committee on 8 Rules, an act in relation to adjusting; 9 8370, by the Senate Committee on 10 Rules, an act to amend Chapter 987 of the Laws 11 of 1971; 12 8375, by Senator Robach, an act to 13 amend the Workers' Compensation Law; 14 And Senate Print 8433, by Senator 15 LaValle, an act to amend Chapter 376 of the 16 Laws of 1998. 17 All bills ordered direct to third 18 reading. 19 ACTING PRESIDENT MORAHAN: 20 Senator Fuschillo. 21 SENATOR FUSCHILLO: Move to 22 accept the report of the Rules Committee. 23 ACTING PRESIDENT MORAHAN: All in 24 favor of accepting the report of the Rules 25 Committee signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT MORAHAN: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT MORAHAN: The 6 report is accepted. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Mr. 9 President, can we return to motions and 10 resolutions. 11 There will also be an immediate 12 meeting of the Rules Committee in the Majority 13 Conference Room. 14 ACTING PRESIDENT MORAHAN: There 15 will be an immediate meeting of the Rules 16 Committee in the Majority Conference Room. 17 We will return to the order of 18 motions and resolutions. 19 Senator Duane. 20 SENATOR DUANE: Thank you, 21 Mr. President. 22 On behalf of Senator Carl Kruger, I 23 wish to call up his bill, Print Number 8147, 24 recalled from the Assembly, which is now at 25 the desk.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 1115, by Senator C. Kruger, Senate Print 8147, 5 an act to amend the Social Services Law. 6 SENATOR DUANE: And, 7 Mr. President, I now move to reconsider the 8 vote by which this bill was passed. 9 ACTING PRESIDENT MORAHAN: The 10 Secretary will call the roll on 11 reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT MORAHAN: 15 Senator Duane. 16 SENATOR DUANE: Mr. President, I 17 now offer the following amendments. 18 ACTING PRESIDENT MORAHAN: The 19 amendments are received, and the bill will 20 retain its place on the Third Reading 21 Calendar. 22 SENATOR DUANE: Thank you, 23 Mr. President. 24 In addition, on behalf of Senator 25 Kruger, I wish to call up his bill, Print

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(518) 371-8910 1 Number 4541, recalled from the Assembly, which 2 is now at the desk. 3 ACTING PRESIDENT MORAHAN: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 238, by Senator C. Kruger, Senate Print 4541, 7 an act to amend the Family Court Act and the 8 Domestic Relations Law. 9 SENATOR DUANE: Mr. President, I 10 now move to reconsider the vote by which this 11 bill was passed. 12 ACTING PRESIDENT MORAHAN: Call 13 the roll on reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 SENATOR DUANE: Mr. President, I 17 now offer the following amendments. 18 ACTING PRESIDENT MORAHAN: The 19 amendments are received, and the bill will 20 retain its place on the Third Reading 21 Calendar. 22 SENATOR DUANE: Thank you, 23 Mr. President. 24 ACTING PRESIDENT MORAHAN: You're 25 welcome, Senator Duane.

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(518) 371-8910 1 Senator Griffo. 2 SENATOR GRIFFO: Thank you, 3 Mr. President. 4 On behalf of Senator Young, I wish 5 to call up Senate Print 5685, recalled from 6 the Assembly, which is now at the desk. 7 ACTING PRESIDENT MORAHAN: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1601, by Senator Young, Senate Print 5685, an 11 act to amend the Tax Law and others. 12 SENATOR GRIFFO: Mr. President, I 13 now move to reconsider the vote by which this 14 bill was passed. 15 ACTING PRESIDENT MORAHAN: The 16 Secretary will call the roll on 17 reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 SENATOR GRIFFO: Mr. President, I 21 now offer the following amendments. 22 ACTING PRESIDENT MORAHAN: The 23 amendments are received, and the bill will 24 retain its position on the Third Reading 25 Calendar.

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(518) 371-8910 1 Senator Griffo. 2 SENATOR GRIFFO: Mr. President, 3 on behalf of Senator Golden, I wish to call up 4 Senate Print Number 6966A, recalled from the 5 Assembly, which is now at the desk. 6 ACTING PRESIDENT MORAHAN: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 411, by Senator Golden, Senate Print 6966A, an 10 act to amend the Elder Law. 11 SENATOR GRIFFO: Mr. President, I 12 now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT MORAHAN: The 15 Secretary will call the roll on 16 reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 SENATOR GRIFFO: Mr. President, I 20 now offer the following amendments. 21 ACTING PRESIDENT MORAHAN: The 22 amendments are received, and the bill will 23 retain its position on the Third Reading 24 Calendar. 25 Senator Griffo.

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(518) 371-8910 1 SENATOR GRIFFO: Mr. President, 2 on behalf of Senator Bruno, I wish to call up 3 Print Number 6329, recalled from the Assembly, 4 which is now before the desk. 5 ACTING PRESIDENT MORAHAN: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 777, by the Senate Committee on Rules, Senate 9 Print 6329, an act to authorize the Town of 10 Malta. 11 SENATOR GRIFFO: Mr. President, I 12 now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT MORAHAN: The 15 Secretary will call the roll on 16 reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 SENATOR GRIFFO: Mr. President, I 20 now offer the following amendments. 21 ACTING PRESIDENT MORAHAN: The 22 amendments are received, and the bill will 23 retain its position on the Third Reading 24 Calendar. 25 Senator Fuschillo.

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(518) 371-8910 1 SENATOR FUSCHILLO: Mr. 2 President, before we do these motions, I also 3 wanted to advise the members that we will be 4 taking up supplemental Calendar Number 58A at 5 the conclusion of these motions. 6 Mr. President, amendments are 7 offered to the following Third Reading 8 Calendar bills: 9 Sponsored by Senator Fuschillo, 10 page number 6, Calendar Number 103, Senate 11 Print Number 6737; 12 By Senator Farley, page number 32, 13 Calendar Number 892, Senate Print Number 7360; 14 By Senator Morahan, page number 38, 15 Calendar Number 1010, Senate Print Number 16 8058; 17 By Senator Volker, page number 62, 18 Calendar Number 1481, Senate Print Number 19 8225; 20 By Senator Hannon, page number 41, 21 Calendar Number 1119, Senate Print Number 22 4601. 23 I now move that these bills retain 24 their place on the order of Third Reading 25 Calendar.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 amendments are received, and the bills will 3 retain their place on the Third Reading 4 Calendar. 5 Senator Fuschillo. 6 SENATOR FUSCHILLO: Mr. 7 President, on behalf of Senator Leibell, on 8 page number 28 I offer the following 9 amendments to Calendar Number 741, Senate 10 Print Number 3811, and ask that said bill 11 retain its place on Third Reading Calendar. 12 ACTING PRESIDENT MORAHAN: The 13 amendments are received, and the bill will 14 retain its place on the Third Reading 15 Calendar. 16 SENATOR FUSCHILLO: Mr. 17 President, on behalf of Senator Padavan, on 18 the supplemental calendar I offer the 19 following amendments to Calendar Number 1710, 20 Senate Print Number 1665, and ask that said 21 bill retain its place on Third Reading 22 Calendar. 23 ACTING PRESIDENT MORAHAN: The 24 amendments are received, and the bill will 25 retain its position on the Third Reading

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(518) 371-8910 1 Calendar. 2 SENATOR FUSCHILLO: On behalf of 3 Senator Morahan, on the supplemental calendar 4 I now offer the following amendments to 5 Calendar Number 1724, Senate Print Number 6 8072, and ask that said bill retain its place 7 on Third Reading Calendar. 8 ACTING PRESIDENT MORAHAN: The 9 amendments are received, and the bill will 10 retain its position on the Third Reading 11 Calendar. 12 SENATOR FUSCHILLO: Mr. 13 President, the Senate will stand at ease for a 14 moment. 15 First, Mr. President, please 16 recognize Senator Lanza. 17 ACTING PRESIDENT MORAHAN: 18 Senator Lanza. 19 SENATOR LANZA: Thank you, 20 Mr. President. I wish to call up my bill, 21 Print Number 7602, recalled from the Assembly, 22 which is now at the desk. 23 ACTING PRESIDENT MORAHAN: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1003, by Senator Lanza, Senate Print 7602, an 2 act to amend the Penal Law. 3 SENATOR LANZA: Mr. President, I 4 now move to reconsider the vote by which this 5 bill was passed. 6 ACTING PRESIDENT MORAHAN: The 7 Secretary will call the roll on 8 reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 SENATOR LANZA: Mr. President, I 12 now offer the following amendments. 13 ACTING PRESIDENT MORAHAN: The 14 amendments are received, and the bill will 15 retain its place on the Third Reading 16 Calendar. 17 Senator Lanza. 18 SENATOR LANZA: Mr. President, on 19 behalf of Senator Morahan, I wish to call up 20 Print Number 6217, recalled from the Assembly, 21 which is now at the desk. 22 ACTING PRESIDENT MORAHAN: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 521, by Senator Morahan, Senate Print 6217, an

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(518) 371-8910 1 act to amend the Highway Law. 2 ACTING PRESIDENT MORAHAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 SENATOR LANZA: Mr. President, I 7 now offer the following amendments. 8 ACTING PRESIDENT MORAHAN: The 9 amendments are received, and the bill will 10 retain its place on the Third Reading 11 Calendar. 12 SENATOR LANZA: Mr. President, on 13 behalf of Senator Skelos, I wish to call up 14 Print Number 962B, recalled from the Assembly, 15 which is now at the desk. 16 ACTING PRESIDENT MORAHAN: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 693, by Senator Skelos, Senate Print 962B, an 20 act to amend the Public Officers Law and the 21 Civil Practice Law and Rules. 22 SENATOR LANZA: Mr. President, I 23 now move to reconsider the vote by which the 24 bill was passed. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 Secretary will call the roll on 2 reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 SENATOR LANZA: Mr. President, I 6 now offer the following amendments. 7 ACTING PRESIDENT MORAHAN: The 8 amendments are received, and the bill will 9 retain its place on the Third Reading 10 Calendar. 11 Senator Fuschillo. 12 SENATOR FUSCHILLO: Mr. 13 President, we will be waiting for the report 14 of the Rules Committee and the members to 15 return to the chambers. 16 ACTING PRESIDENT MORAHAN: The 17 Senate will stand at ease until the report of 18 the Rules Committee is forwarded to the 19 chamber. 20 (Whereupon, the Senate stood at 21 ease at 5:13 p.m.) 22 (Whereupon, the Senate reconvened 23 at 5:15 p.m.) 24 ACTING PRESIDENT MORAHAN: 25 Senator Fuschillo.

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(518) 371-8910 1 SENATOR FUSCHILLO: Mr. 2 President, can we take up the noncontroversial 3 reading of Supplemental Calendar Number 58A. 4 ACTING PRESIDENT MORAHAN: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1708, by Senator Bonacic, Senate Print 476, an 8 act to amend the Public Health Law and the Tax 9 Law. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1709, by Senator Little, Senate Print 1130, an 24 act to amend the General City Law and others. 25 ACTING PRESIDENT MORAHAN: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1711, by Senator LaValle, Senate Print 1851, 14 an act to amend the General Municipal Law. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1712, by Senator Flanagan, Senate Print 3849, 4 an act to amend the Economic Development Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 120th day. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1713, by Senator Diaz, Senate Print 4010, an 19 act to amend the Executive Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1714, by Senator Leibell, Senate Print 4429, 9 an act to amend the Military Law. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1715, by Senator Padavan, Senate Print 5425B, 24 an act to amend the Tax Law. 25 ACTING PRESIDENT MORAHAN: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1716, by Senator Flanagan, Senate Print 5693, 14 an act to amend the Tax Law. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1717, by Senator Saland, Senate Print 5892A, 4 an act to amend the Education Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1718, by Senator Griffo, Senate Print 5899A, 19 an act to amend the State Technology Law, in 20 relation to creating. 21 ACTING PRESIDENT MORAHAN: Read 22 the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the 120th day. 25 ACTING PRESIDENT MORAHAN: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1719, by Senator Lanza, Senate Print 6445, an 10 act to amend the Correction Law. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 59. Nays, 21 1. Senator Duane recorded in the negative. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1720, by Senator Golden, Senate Print 6948, an

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(518) 371-8910 1 act to amend the Public Authorities Law. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Announce the results. 11 Senator Saland, to explain his 12 vote. 13 SENATOR SALAND: No, I just 14 wanted to be recorded in the negative. I just 15 came from the Rules Committee meeting; I 16 wanted to be recorded in the negative. 17 ACTING PRESIDENT MORAHAN: You 18 will be recorded in the negative, Senator. 19 Announce the results. 20 THE SECRETARY: In relation to 21 Calendar Number 1720: Ayes, 59. Nays, 1. 22 Senator Saland recorded in the negative. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1721, Senator Griffo moves to 2 discharge, from the Committee on Consumer 3 Protection, Assembly Bill Number 10132 and 4 substitute it for the identical Senate Bill 5 Number 7168, Third Reading Calendar 1721. 6 ACTING PRESIDENT MORAHAN: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1721, by Member of the Assembly Magee, 11 Assembly Print Number 10132, an act to amend 12 the Agriculture and Markets Law. 13 ACTING PRESIDENT MORAHAN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1722, by Senator Bonacic, Senate Print 7921, 2 an act to authorize the Commissioner of 3 Environmental Conservation. 4 ACTING PRESIDENT MORAHAN: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1723, Senator Flanagan moves 16 to discharge, from the Committee on 17 Investigations and Government Operations, 18 Assembly Bill Number 1975 and substitute it 19 for the identical Senate Bill Number 7944, 20 Third Reading Calendar 1723. 21 ACTING PRESIDENT MORAHAN: 22 Substitution is ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1723, by Member of the Assembly Diaz, Assembly

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(518) 371-8910 1 Print Number 1975, an act to amend the Public 2 Officers Law. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 120th day. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MORAHAN: 11 Announce the results. 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1725, Senator LaValle moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 10945A and substitute it 19 for the identical Senate Bill Number 8117B, 20 Third Reading Calendar 1725. 21 ACTING PRESIDENT MORAHAN: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1725, by Member of the Assembly Canestrari,

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(518) 371-8910 1 Assembly Print Number 10945A, an act to amend 2 the Public Health Law. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 15. This 6 act shall take effect on the 30th day. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MORAHAN: 11 Announce the results. 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1726, by Senator Lanza, Senate Print 8124, an 17 act to amend the Vehicle and Traffic Law. 18 SENATOR SAMPSON: Lay that aside. 19 ACTING PRESIDENT MORAHAN: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 1727, by Senator Bruno, Senate Print 8259, an 23 act authorizing the County of Saratoga. 24 ACTING PRESIDENT MORAHAN: There 25 is a home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: The 8 Secretary will announce the results. 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1728, by Senator Robach, Senate Print 8305, an 14 act to amend the Public Authorities Law. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 59. Nays, 25 1. Senator Little recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1729, by Senator Leibell, Senate Print 8312, 5 an act -- 6 SENATOR FUSCHILLO: Lay it aside 7 for the day. 8 ACTING PRESIDENT MORAHAN: The 9 bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 1730, by Senator Volker, Senate Print 8316, an 12 act in relation in transportation maintenance. 13 ACTING PRESIDENT MORAHAN: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1731, by the Senate Committee on Rules, Senate 2 Print 8364, an act in relation to adjusting 3 certain state aid payments. 4 ACTING PRESIDENT MORAHAN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT MORAHAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1732, by the Senate Committee on Rules, Senate 18 Print Number 8370, an act to amend Chapter 987 19 of the Laws of 1971 amending the Education 20 Law. 21 ACTING PRESIDENT MORAHAN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MORAHAN: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 59. Nays, 6 1. Senator Saland recorded in the negative. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1733, by Senator Robach, Senate Print 8375, an 11 act to amend the Workers' Compensation Law. 12 ACTING PRESIDENT MORAHAN: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 120th day. 16 ACTING PRESIDENT MORAHAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT MORAHAN: 20 Announce the results. 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 Senator Fuschillo, that completes 25 the noncontroversial reading of Supplemental

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(518) 371-8910 1 Calendar 58A. 2 SENATOR FUSCHILLO: Mr. 3 President, will you please take up Calendar 4 Number 1726 as a noncontroversial bill. 5 ACTING PRESIDENT MORAHAN: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 1726, by Senator Lanza, Senate Print 8124, an 9 act to amend the Vehicle and Traffic Law. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 60th day. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: In relation to 20 Calendar Number 1726: Ayes, 59. Nays, 1. 21 Senator Little recorded in the negative. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Mr.

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(518) 371-8910 1 President, may we please return to the reports 2 of standing committees. I believe there's 3 another report of the Rules Committee at the 4 desk. 5 ACTING PRESIDENT MORAHAN: 6 Reports of standing committees. 7 The Secretary will read. 8 THE SECRETARY: Senator Bruno, 9 from the Committee on Rules, reports the 10 following bills: 11 Senate Print 463, by Senator 12 Bonacic, an act to amend the Environmental 13 Conservation Law; 14 713, by Senator Breslin, an act to 15 amend the Penal Law; 16 2450A, by Senator Golden, an act to 17 amend the Public Health Law; 18 3223A, by Senator Skelos, an act to 19 amend the Workers' Compensation Law; 20 3806A, by Senator Leibell, an act 21 to amend the Labor Law; 22 4449, by Senator Morahan, an act to 23 amend the Domestic Relations Law; 24 4499A, by Senator Young, an act to 25 amend the Environmental Conservation Law;

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(518) 371-8910 1 4620, by Senator Griffo, an act to 2 amend the General Municipal Law; 3 4817, by Senator Nozzolio, an act 4 to amend the General Municipal Law; 5 5507, by Senator Morahan, an act to 6 amend the General Municipal Law; 7 6024A, by Senator Padavan, an act 8 to amend the Local Finance Law; 9 6852B, by Senator Lanza, an act to 10 amend the Tax Law; 11 6907A, by Senator Lanza, an act to 12 amend the Executive Law; 13 7002A, by Senator Hannon, an act to 14 authorize; 15 7295A, by Senator Golden, an act to 16 amend the Tax Law; 17 7354, by Senator Lanza, an act to 18 amend the Public Officers Law; 19 7461, by Senator Flanagan, an act 20 to amend the Executive Law; 21 7522, by Senator Maltese, an act to 22 amend the Arts and Cultural Affairs Law; 23 7533, by Senator Lanza, an act to 24 amend the Civil Service Law; 25 7994, by Senator Flanagan, an act

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(518) 371-8910 1 to amend the Penal Law; 2 8275, by Senator Trunzo, an act to 3 amend the Retirement and Social Security Law; 4 8290, by Senator Flanagan, an act 5 to require; 6 8332, by Senator Golden, an act to 7 amend the Vehicle and Traffic Law; 8 8335, by Senator Nozzolio, an act 9 to amend the Civil Service Law; 10 8336, by Senator Nozzolio, an act 11 to amend the Civil Service Law; 12 8337, by Senator Golden, an act to 13 amend Chapter 841 of the Laws of 1987; 14 8351, by Senator Flanagan, an act 15 to amend Chapter 307 of the Laws of 2005; 16 8377, by Senator Robach, an act to 17 amend the Workers' Compensation Law; 18 8378, by Senator Robach, an act to 19 amend the Workers' Compensation Law; 20 8400, by Senator Robach, an act to 21 amend the Workers' Compensation Law; 22 8402, by Senator Lanza, an act to 23 amend the Criminal Procedure Law; 24 8409, by Senator Young, an act to 25 amend the Agriculture and Markets Law;

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(518) 371-8910 1 8424, by Senator Maltese, an act to 2 amend the Penal Law; 3 And Senate Print 8435, by Senator 4 Seward, an act to amend Chapter 549 of the 5 Laws of 2005. 6 All bills ordered direct to third 7 reading. 8 ACTING PRESIDENT MORAHAN: 9 Senator Fuschillo. 10 SENATOR FUSCHILLO: Move to 11 accept the report of the Rules Committee. 12 ACTING PRESIDENT MORAHAN: All in 13 favor of accepting the Rules Committee report 14 say aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT MORAHAN: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT MORAHAN: The 20 Rules report is accepted. 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Mr. 23 President, is there any further business at 24 the desk? 25 ACTING PRESIDENT MORAHAN: There

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(518) 371-8910 1 is no other business at this desk at this 2 moment. 3 SENATOR FUSCHILLO: There being 4 no further business to come before the Senate, 5 I move we adjourn until Monday, June 16th, at 6 3:00 p.m., intervening days being legislative 7 days. 8 ACTING PRESIDENT MORAHAN: On 9 motion, the Senate stands adjourned until 10 Monday, June 16th, at 3:00 p.m., intervening 11 days being legislative days. 12 (Whereupon, at 5:30 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910