Monday, June 16, 2008

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

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all present to please rise 5 and join with me as we recite the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy, I ask that we all bow our 11 heads in silence, in remembrance of a great 12 New Yorker, Tim Russert, who passed away last 13 week. 14 (Whereupon, the assemblage 15 respected a moment of silence.) 16 ACTING PRESIDENT GRIFFO: Reading 17 of the Journal. 18 THE SECRETARY: In Senate, 19 Sunday, June 15, the Senate met pursuant to 20 adjournment. The Journal of Saturday, 21 June 14, was read and approved. On motion, 22 Senate adjourned. 23 ACTING PRESIDENT GRIFFO: Without 24 objection, the Journal stands approved as 25 read.

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(518) 371-8910 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Alesi. 10 SENATOR ALESI: Thank you, 11 Mr. President. 12 Amendments are offered to the 13 following Third Reading Calendar bills: 14 Sponsored by Senator Hannon, page 15 6, Calendar Number 106, Senate Print 599B; 16 Senator Little, on page 11, 17 Calendar Number 261, Senate Print 5302C; 18 Senator Lanza, page 17, Calendar 19 Number 429, Senate Print 6355; 20 Senator DeFrancisco, page 40, 21 Calendar Number 1107, Senate Print 7995; 22 Senator LaValle, page 43, Calendar 23 Number 1157, Senate Print 7724; 24 Senator Young, page 47, Calendar 25 Number 1209, Senate Print 8006;

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(518) 371-8910 1 Senator LaValle, page 48, Calendar 2 Number 1226, Senate Print 7946; 3 Senator Seward, page 67, Calendar 4 Number 1706, Senate Print 8385; 5 Senator LaValle, page 26, Calendar 6 Number 711, Senate Print 7215; 7 Senator Volker, page 47, Calendar 8 Number 1208, Senate Print 7964B; 9 Senator Libous, page 43, Calendar 10 Number 1150, Senate Print 1592A; 11 Senator Marcellino, page 43, 12 Calendar Number 1159, Senate Print 7842; 13 Senator LaValle, page 48, Calendar 14 Number 1238, Senate Print 3063; 15 Senator Nozzolio, page 57, Calendar 16 Number 1386, Senate Print 5037C; 17 And Senator LaValle, page 64, 18 Calendar Number 1529, Senate Print 7497. 19 I now move that these bills retain 20 their place on the order of third reading. 21 ACTING PRESIDENT GRIFFO: Thank 22 you, Senator Alesi. 23 The amendments are received and 24 adopted, and the bills will retain their place 25 on the Third Reading Calendar.

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(518) 371-8910 1 Senator Alesi. 2 SENATOR ALESI: Mr. President, on 3 page 34 I offer the following amendments to 4 Calendar Number 918, Senate Print 7342, and I 5 ask that said bill retain its place on Third 6 Reading Calendar. 7 ACTING PRESIDENT GRIFFO: The 8 amendments are received and adopted, and the 9 bill will retain its place on the Third 10 Reading Calendar. 11 Senator Alesi. 12 SENATOR ALESI: Mr. President, on 13 behalf of Senator C. Kruger, on page 41 I 14 offer the following amendments to Calendar 15 Number 1110, Senate Print 7181A, and ask that 16 that bill retain its place on Third Reading 17 Calendar. 18 ACTING PRESIDENT GRIFFO: The 19 amendments are received and adopted, and the 20 bill will retain its place on the Third 21 Reading Calendar. 22 SENATOR ALESI: On behalf of 23 Senator Malcolm Smith, on page 55 I offer the 24 following amendments to Calendar Number 1335, 25 Senate Print 4221A, and ask that said bill

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(518) 371-8910 1 retain its place on Third Reading Calendar. 2 ACTING PRESIDENT GRIFFO: The 3 amendments are received and adopted, and the 4 bill will retain its place on the Third 5 Reading Calendar. 6 Thank you, Senator Alesi. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, I 9 wish to call up Senate Print Number 6747, 10 recalled from the Assembly, which is now at 11 the desk. 12 ACTING PRESIDENT GRIFFO: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 325, by Senator Volker, Senate Print 6747, an 16 act to amend the Criminal Procedure Law and 17 others. 18 SENATOR LIBOUS: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT GRIFFO: The 22 Secretary will call the roll on 23 reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 41.

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(518) 371-8910 1 SENATOR LIBOUS: Mr. President, I 2 now offer up the following amendments. 3 ACTING PRESIDENT GRIFFO: The 4 amendments are accepted. 5 SENATOR LIBOUS: Mr. President, I 6 have one other. I wish to call up Print 7 Number 3079, recalled from the Assembly, which 8 is now at the desk. 9 ACTING PRESIDENT GRIFFO: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 1380, by Senator Fuschillo, Senate Print 3079, 13 an act to amend the Penal Law. 14 SENATOR LIBOUS: Mr. President, I 15 now move to reconsider the vote by which this 16 bill was passed. 17 ACTING PRESIDENT GRIFFO: The 18 Secretary will call the roll on 19 reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 44. 22 SENATOR LIBOUS: Mr. President, I 23 now offer up the following amendments. 24 ACTING PRESIDENT GRIFFO: The 25 amendments are received and accepted.

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(518) 371-8910 1 SENATOR LIBOUS: Thank you, 2 Mr. President. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Libous. 5 SENATOR LIBOUS: Mr. President, I 6 believe that there are some substitutions at 7 the desk. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: On page 7, 11 Senator Fuschillo moves to discharge, from the 12 Committee on Consumer Protection, Assembly 13 Bill Number 8634D and substitute it for the 14 identical Senate Bill Number 5543E, Third 15 Reading Calendar 169. 16 On page 7, Senator Seward moves to 17 discharge, from the Committee on Consumer 18 Protection, Assembly Bill Number 8657 and 19 substitute it for the identical Senate Bill 20 Number 6166, Third Reading Calendar 171. 21 On page 10, Senator Griffo moves to 22 discharge, from the Committee on Civil Service 23 and Pensions, Assembly Bill Number 9719 and 24 substitute it for the identical Senate Bill 25 Number 6836, Third Reading Calendar 251.

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(518) 371-8910 1 On page 15, Senator Maltese moves 2 to discharge, from the Committee on Civil 3 Service and Pensions, Assembly Bill Number 4 8232 and substitute it for the identical 5 Senate Bill Number 6862, Third Reading 6 Calendar 383. 7 On page 34, Senator Griffo moves to 8 discharge, from the Committee on Social 9 Services, Children and Families, Assembly Bill 10 Number 7858E and substitute it for the 11 identical Senate Bill Number 5482E, Third 12 Reading Calendar 916. 13 On page 40, Senator Morahan moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 10933 and substitute it 16 for the identical Senate Bill Number 8057, 17 Third Reading Calendar 1101. 18 On page 53, Senator Winner moves to 19 discharge, from the Committee on Finance, 20 Assembly Bill Number 9936 and substitute it 21 for the identical Senate Bill Number 6866, 22 Third Reading Calendar 1309. 23 On page 53, Senator Griffo moves to 24 discharge, from the Committee on Finance, 25 Assembly Bill Number 10563 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 7518, 2 Third Reading Calendar 1313. 3 On page 59, Senator O. Johnson 4 moves to discharge, from the Committee on 5 Rules, Assembly Bill Number 10887 and 6 substitute it for the identical Senate Bill 7 Number 8149, Third Reading Calendar 1437. 8 On page 68, Senator Morahan moves 9 to discharge, from the Committee on Judiciary, 10 Assembly Bill Number 8953 and substitute it 11 for the identical Senate Bill Number 4449, 12 Third Reading Calendar 1740. 13 On page 69, Senator Maltese moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 10969 and substitute it 16 for the identical Senate Bill Number 7522, 17 Third Reading Calendar 1752. 18 On page 69, Senator Flanagan moves 19 to discharge, from the Committee on Codes, 20 Assembly Bill Number 9673 and substitute it 21 for the identical Senate Bill Number 7994, 22 Third Reading Calendar 1754. 23 On page 69, Senator Golden moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11355 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 8337, 2 Third Reading Calendar 1760. 3 On page 70, Senator Flanagan moves 4 to discharge, from the Committee on Rules, 5 Assembly Bill Number 11197 and substitute it 6 for the identical Senate Bill Number 8351, 7 Third Reading Calendar 1761. 8 And on page 70, Senator Young moves 9 to discharge, from the Committee on Rules, 10 Assembly Bill Number 3689B and substitute it 11 for the identical Senate Bill Number 8409, 12 Third Reading Calendar 1766. 13 ACTING PRESIDENT GRIFFO: 14 Substitutions so ordered. 15 Senator Libous. 16 SENATOR LIBOUS: Mr. President, I 17 believe at this time we can begin the 18 noncontroversial reading of the calendar 19 please. 20 Oh, Senator Bonacic, I believe, 21 needs to be called upon. 22 ACTING PRESIDENT GRIFFO: Thank 23 you, Senator Libous. 24 On motions, the chair will 25 recognize Senator Bonacic.

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(518) 371-8910 1 SENATOR BONACIC: Thank you, 2 Mr. President. 3 On behalf of Senator Padavan, on 4 page 30 I offer the following amendments to 5 Calendar Number 827, Senate Print Number 7005, 6 and ask that said bill retain its place on the 7 Third Reading Calendar. 8 ACTING PRESIDENT GRIFFO: The 9 amendments are received and adopted, and the 10 bill will retain its place on the Third 11 Reading Calendar. 12 SENATOR BONACIC: Thank you. 13 On behalf of Senator Saland, on 14 page 38, I offer the following amendments to 15 Calendar Number 1031, Senate Print Number 16 7051, and ask that said bill retain its place 17 on the Third Reading Calendar. 18 ACTING PRESIDENT GRIFFO: The 19 amendments are received and adopted, and the 20 bill will retain its place on the Third 21 Reading Calendar. 22 SENATOR BONACIC: Thank you, 23 Mr. President. 24 On behalf of Senator Seward, on 25 page number 50, I offer the following

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(518) 371-8910 1 amendments to Calendar Number 1266, Senate 2 Print Number 2180C, and ask that said bill 3 retain its place on Third Reading Calendar. 4 ACTING PRESIDENT GRIFFO: The 5 amendments are received and adopted, and the 6 bill will retain its place on the Third 7 Reading Calendar. 8 SENATOR BONACIC: Thank you, 9 Mr. President. 10 Finally, on page 63, on behalf of 11 Senator Nozzolio, I offer the following 12 amendments to Calendar Number 1505, Senate 13 Print Number 7762, and ask that said bill 14 retain its place on the Third Reading 15 Calendar. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Bonacic. The amendments are 18 received and adopted, and the bill will retain 19 its place on the Third Reading Calendar. 20 SENATOR BONACIC: Thank you, 21 Mr. President. 22 ACTING PRESIDENT GRIFFO: Senator 23 Libous. 24 SENATOR LIBOUS: Mr. President, 25 now that we've got all the housekeeping out of

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(518) 371-8910 1 the way, I think we can go to the 2 noncontroversial calendar, please. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 15, by Senator DeFrancisco, Senate Print 7 1830A, an act to amend the Military Law, in 8 relation to waiving. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 49. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 82, by Senator Young, Senate Print 3714B, an 21 act to amend the Agriculture and Markets Law, 22 in relation to including. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 49. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 102, by Senator Alesi, Senate Print 6635, an 10 act to amend the Environmental Conservation 11 Law and the General Business Law, in relation 12 to jewelry containing lead. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 6. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 51. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 169, substituted earlier by Member of the 25 Assembly Pheffer, Assembly Print Number 8634D,

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(518) 371-8910 1 an act to amend the General Business Law and 2 the Penal Law, in relation to providing. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 51. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 171, substituted earlier by Member of the 15 Assembly Magee, Assembly Print Number 8657, an 16 act to amend the General Business Law, in 17 relation to dealer agreements. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 7. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 51.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 251, substituted earlier by Member of the 5 Assembly Destito, Assembly Print Number 9719, 6 an act to amend the Civil Service Law, in 7 relation to providing. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 51. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 262, by Senator Larkin, Senate Print 6108A, an 20 act to amend the Real Property Tax Law, in 21 relation to authorizing. 22 SENATOR DUANE: Lay it aside, 23 please. 24 ACTING PRESIDENT GRIFFO: Lay it 25 aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 375, by Senator Bonacic, Senate Print 5514B, 3 an act to amend the Environmental Conservation 4 Law, in relation to authorizing and directing. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 Craig Johnson. 14 SENATOR CRAIG JOHNSON: Yes, to 15 explain my vote, Mr. President, thank you. 16 I'm going to be voting in the 17 affirmative, and I want to thank Senator 18 Bonacic. 19 If you may recall, last year we had 20 a very lengthy debate on this very issue 21 involving counties to be covered and counties 22 that hadn't been covered in a previous draft. 23 We passed it, but I'm happy to see that it's 24 been amended to include the counties of 25 Nassau, Suffolk, Westchester, I believe a

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(518) 371-8910 1 couple of others that weren't included in the 2 original. 3 If you looked outside today, it's 4 pouring outside. The rains this past weekend 5 down in Long Island were devastating to a lot 6 of homeowners who were facing the flooding. 7 This is a good bill. We need to do 8 more, obviously, in addressing the flooding, 9 but I congratulate you, Senator Bonacic, for 10 doing this. So I'll be voting in the 11 affirmative. 12 Thank you very much. 13 ACTING PRESIDENT GRIFFO: Senator 14 C. Johnson to be recorded in the affirmative. 15 Announce the results. 16 THE SECRETARY: Ayes, 53. Nays, 17 0. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 383, substituted earlier by Member of the 22 Assembly Towns, Assembly Print Number 8232, an 23 act to amend the Civil Service Law and the 24 Administrative Code of the City of New York. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 53. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 387, by Senator Lanza, Senate Print 6926, an 12 act to amend the Retirement and Social 13 Security Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 52. Nays, 22 1. Senator Duane recorded in the negative. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 485, by Senator Padavan, Senate Print 5484, an 2 act to amend the General Obligations Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of January. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 53. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 491, by Senator Golden, Senate Print 2818A, an 15 act to amend the Real Property Tax Law. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 53. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 497, by Senator Maziarz, Senate Print 113, an 3 act to amend the Environmental Conservation 4 Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 Schneiderman. 14 SENATOR SCHNEIDERMAN: Thank you, 15 Mr. President. 16 This is Senator Maziarz's bill that 17 authorizes 12-year-old children to hunt bears 18 with bows and arrows. It is a remarkable 19 piece of legislation. And I think that just 20 as we recently dealt with the issue of the 21 danger of children being mauled by big cats, 22 we should also stand up against children being 23 mauled by wounded bears. 24 I think the odds of a 12-year-old 25 child actually killing a bear with a bow and

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(518) 371-8910 1 arrow -- as opposed to wounding the bear and 2 missing the bear entirely, resulting in an 3 angry bear chasing the child through the 4 woods -- are overwhelming. 5 And, Senator Maziarz, I urge you, 6 the Institute for Juvenile Weaponry in 7 Washington has examined your bill, and they 8 have a concern that this is [brandishing 9 plastic slingshot], in fact, in other states 10 that have gone down the slope, a weapon that 11 children are authorized to hunt bears with. 12 Sir, where will this all stop? I 13 urge you, protect our children. We oppose 14 them being mauled by big cats; we should also 15 oppose them being mauled by wounded bears. I 16 vote no and urge everyone to vote no. 17 And, Senator Maziarz, I've got you 18 in my sights. 19 (Laughter.) 20 ACTING PRESIDENT GRIFFO: Senator 21 Schneiderman will be recorded in the negative. 22 I do want to remind the members 23 that props are not allowed in the chamber. 24 SENATOR SCHNEIDERMAN: It is a 25 weapon, sir, not a prop.

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(518) 371-8910 1 (Laughter.) 2 SENATOR LIBOUS: Would the 3 sergeant-at-arms come and -- 4 (Laughter.) 5 ACTING PRESIDENT GRIFFO: Senator 6 Maziarz. 7 SENATOR MAZIARZ: Thank you very 8 much, Mr. President. 9 Once again my good friend Senator 10 Schneiderman is dead wrong, no pun intended. 11 But this bill would allow younger people -- or 12 mothers and fathers to get their children away 13 from television sets and computer screens, get 14 them out into the woods learning good American 15 values like hunting, outdoorsmanship, 16 sporting. 17 Senator Krueger, who every year -- 18 where is she? Oh, there she is, over there -- 19 Senator Krueger every year has debated me on 20 this bill and asked me, I think every year for 21 the last six or seven years, whether there was 22 a study done on the impact that this would 23 have on young people in the State of New York. 24 Ironically enough, my staff found a 25 study that was done that showed the positive

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(518) 371-8910 1 impact that legislation like this, getting 2 younger people involved in hunting sports, the 3 positive impact that it would have here in our 4 great state. And I did send that study over 5 to Senator Krueger with a personal note. 6 And I am totally in favor of this 7 bill. And I hope that someday before Senator 8 Schneiderman and I retire or -- well, before 9 we retire, that this will become law in the 10 State of New York. Or Senator Schneiderman 11 gets appointed to some big job by the 12 Governor, but . . . 13 (Laughter.) 14 ACTING PRESIDENT GRIFFO: Senator 15 Maziarz to be recorded in the affirmative. 16 Senator Libous. 17 SENATOR LIBOUS: Thank you. 18 Before we vote on this bill, I just want to -- 19 and I do certainly appreciate Senator 20 Schneiderman's sense of humor and knowing that 21 sometimes it's a jungle in here. But I just 22 want to remind members that props are not 23 allowed on the Senate floor, and it is part of 24 the Senate Rules. Thank you. 25 ACTING PRESIDENT GRIFFO: Thank

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(518) 371-8910 1 you, Senator Libous. 2 Senator Serrano, to explain his 3 vote. 4 SENATOR SERRANO: Thank you, 5 Mr. President. 6 While I have great affection and 7 respect for Senator Maziarz, and he knows 8 that, I think this bill is sending the wrong 9 message to the youth of our great state. 10 As a person who enjoys the great 11 outdoors and the natural wonders that New York 12 State has to offer, I think it's more 13 important that we focus on preserving our 14 natural resources rather than learning how to 15 hunt them. 16 And it really sends a very negative 17 message to someone at the age of 12 to teach 18 them how to kill anything. And I think we 19 should be very, very careful about those types 20 of values and what they will have, the effect 21 they will have over the long haul for the 22 children of our great state. 23 So I will be voting against this. 24 ACTING PRESIDENT GRIFFO: Senator 25 Volker, to explain his vote.

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(518) 371-8910 1 SENATOR VOLKER: Mr. President, I 2 know that to my colleagues from downstate 3 New York, particularly from New York City, who 4 only can think of hunters and weapons as some 5 sort of criminal act -- you know, I must be 6 very honest with you, it points up something 7 that I've said for a long time. It's a 8 cultural thing. 9 I don't know of anybody -- I do 10 know of one person who was hit by an arrow. 11 Certainly not by any young people. And you'd 12 be surprised at how many young people we have 13 who want to be part of an American culture 14 which is as old as the hills and would like to 15 use bow and arrows. 16 I realize that, as we've often 17 said, the problem in the city is that 18 everything is equaled with violence because, 19 unfortunately, that's what the culture is. 20 And that's too bad. 21 I have to be honest with you, I've 22 had more discussion from parents -- because 23 let's remember that this is with parents. 24 This is not somebody that's going to run out 25 there and shoot arrows and, you know, have

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(518) 371-8910 1 fun. This is part of, in fact, our basic 2 rights as American citizens. 3 I don't know of any time in my 4 lifetime that hunters have been involved in 5 illegal activity -- except maybe, it is true, 6 for poaching and things of that nature which, 7 generally speaking, the staff from downstate 8 New York has opposed it. The Pataki people 9 didn't like it because they couldn't even 10 understand what jacklighting was all about. 11 I have to be honest with you, there 12 is absolutely nothing untoward with this bill. 13 And the chances of a young person being chased 14 by a bear or anything else are about one in a 15 million. 16 The truth is, to give young people 17 responsibility is something that is so 18 important that it would be wise for many 19 people who are not used to hunters and to 20 American culture to understand that this is 21 the kind of training and the kind of teaching 22 that will help young people, not harm them. 23 So I don't think -- you know, 24 personally I don't think this is any kind of a 25 joke. And I understand your proposal. And I

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(518) 371-8910 1 understand too that the Assembly has some 2 difficulties because they really have trouble 3 understanding what the whole culture is all 4 about. 5 You show me where any of the 6 legislation we've passed here that enhances 7 young people as far as weapons are concerned, 8 including bow hunting -- I have never seen one 9 real problem that's ever come out of it. Now, 10 maybe, you know, in New York City there could 11 be a problem, although I don't know of anybody 12 that does a lot of bow hunting in New York 13 City. 14 But I just want to say that I 15 support this bill. I think it's the right 16 thing to do. And I expect that before I leave 17 here, and I hope it will be a few years from 18 now, we'll see this bill passed into law. 19 Because there are other things the City of 20 New York needs more desperately that I'm sure 21 they're going to be coming to us for. 22 So I vote aye. 23 ACTING PRESIDENT GRIFFO: Senator 24 Volker to be recorded in the affirmative. 25 Senator Stavisky, to explain her

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(518) 371-8910 1 vote. 2 SENATOR STAVISKY: Thank you, 3 Mr. President. 4 I hate to disagree with my friend 5 Senator Volker, but I don't think this is 6 cultural issue, a question of 7 upstate/downstate. Because, as we keep 8 repeating, this is one state. 9 What bothers me is the idea of 10 children bonding with their parents over 11 killing. To me it's the killing aspect, the 12 hurting and maiming of animals that I find 13 troubling. 14 That is not the way to bond. You 15 bond in many, many ways. But it seems to me 16 that killing an animal, a defenseless animal, 17 is not bonding, it's cruelty. And I vote no. 18 ACTING PRESIDENT GRIFFO: Senator 19 Stavisky to be recorded in the negative. 20 Senator Stachowski, to explain his 21 vote. 22 SENATOR STACHOWSKI: Yes, 23 Mr. President. I'd like to rise to support 24 this bill. 25 I think that in upstate you learn

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(518) 371-8910 1 that the hunters care more about the animals 2 than most other people. And although they 3 hunt them, because it seems that animals are 4 there to be hunted -- I mean, that's -- they 5 don't kill animals for no reason. They hunt 6 them, they usually will eat what they hunt, 7 even today. And they're more careful about 8 not only the animals but the forest land and 9 everything else, and they're more 10 conservationists than the average person. 11 So there's a push I know now being 12 made by DEC and its commissioner, who used to 13 be a Manhattan Assembly guy, to try to get the 14 hunting age lower. The average hunting age 15 now is too high. So lowering the age for 16 hunting -- and it's always when people start 17 hunting, their parents are always with them to 18 start it out, or an adult is with them. 19 And the reality is that no better 20 lessons on nature could be learned than to get 21 people out hunting, lower the age of hunting, 22 and to get the average age of the average 23 hunter in New York State back down. Because 24 it is an important industry, it's a great 25 recreational activity.

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(518) 371-8910 1 To stand on the floor and call it 2 killing and murder is a little bit troublesome 3 to me. It shows a complete misunderstanding 4 of what hunting is. And, I mean, if you're 5 calling it that way, then I imagine fishing is 6 murdering too, because you catch the fish, you 7 pull him out of the water, and then you cook 8 him and you eat him. So I don't understand 9 why that would be so much different. 10 But the reality is that to get the 11 hunting age down would be a great positive for 12 the state. And I think this bill is a good 13 idea, and I'm looking forward this to this 14 bill and any ones that the department sends 15 over also, to support those too. 16 I vote yes. 17 ACTING PRESIDENT GRIFFO: Senator 18 Stachowski to be recorded in the affirmative. 19 Senator Savino. 20 SENATOR SAVINO: Thank you, Mr. 21 President. 22 First let me say I'm going to vote 23 for this bill. And let me say to my 24 colleagues, who predominantly are coming from 25 the city, I understand your concern and I'm

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(518) 371-8910 1 actually sympathetic to it. There are many of 2 us for whom hunting is completely unacceptable 3 under any circumstances, no matter what the 4 age. And for some of us, it is acceptable. 5 Now, I may be a city girl, as 6 Senator Volker would point out. I was born 7 and raised in Queens, and now, you know, I 8 live in Staten Island. But on the way to 9 Staten Island, I made a sojourn to Orange 10 County, where I bought my first house, and I 11 lived there for two years. 12 And it was while I was living in 13 Orange County that I realized that hunting 14 season in many parts of the county, the 15 schools were closed on the first day of 16 hunting season. 17 The hunting season was a special 18 time for men and their sons, particularly -- 19 some daughters, too, but particularly for men 20 and their sons. They looked forward to it. 21 They bought all types of equipment. They 22 bought camping equipment. They went out into 23 the woods and they bonded. 24 And you know what I found out from 25 most of my neighbors? None of them ever

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(518) 371-8910 1 killed anything. Sometimes they didn't even 2 shoot anything. But it was that whole bonding 3 experience that meant so much. 4 So perhaps there is a cultural 5 difference. And maybe we don't have that 6 experience down in the streets of Queens or 7 even in Staten Island. But it is an important 8 cultural tradition that should be maintained. 9 But because it is something that 10 involves the use of weapons, the earlier that 11 young people are trained and licensed and 12 supervised, the better off they will be. 13 They're going to continue to hunt. They're 14 going to want to teach their sons and maybe 15 their daughters. We need to instill in them 16 that they need to be licensed, trained and 17 always take this sport incredibly seriously, 18 because it can be dangerous. 19 So I'm going to vote for this bill, 20 Senator Maziarz, because even though I'm a 21 city girl, I understand the country. 22 ACTING PRESIDENT GRIFFO: Senator 23 Savino to be recorded in the affirmative. 24 Senator Adams, to explain his vote. 25 SENATOR ADAMS: I must have drove

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(518) 371-8910 1 the staff crazy, because I changed my vote 2 five times. 3 You know, but I think that this 4 discussion was a great discussion, because it 5 shows how, although we are one New York and 6 one state, that we have to learn from each 7 other. 8 And while the issue is an important 9 issue, I'm going to also vote in the 10 affirmative. And I hope that Senator Maziarz 11 invites me up one day to use a bow and arrow, 12 you know. 13 But we have to learn from each 14 other. And what is important on one block may 15 not be important in another block. And I 16 think it's out of respect of understanding the 17 norms in a particular geographical location of 18 the state that we can open ourselves up to 19 understand what is possible, what is not 20 possible, and how we can learn by just 21 standing in this chamber, because we are 22 representatives of the various norms in the 23 parts of the cities and the parts of the 24 communities that we come from. 25 So this was a learning experience

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(518) 371-8910 1 for me, and I went from yes to no to yes to no 2 to yes to no and back to yes again. I'm going 3 to vote in support of this bill. And 4 hopefully it will reach the goal that we're 5 looking for, to continue to process of the 6 long, rich culture coming from Alabama, where 7 we used to hunt, the long rich culture of 8 hunting and men and their children bonding 9 with each other throughout the hunting season. 10 I'm going to vote in the 11 affirmative. 12 ACTING PRESIDENT GRIFFO: Senator 13 Adams will be recorded in the affirmative. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 497 are 17 Senators Duane, L. Krueger, LaValle, Morahan, 18 Oppenheimer, Padavan, Perkins, Schneiderman, 19 Serrano, Smith and Stavisky. 20 Ayes, 44. Nays, 11. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 546, by Senator DeFrancisco, Senate Print 25 2061, an act to amend the Penal Law.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 55. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 595, by Senator Alesi, Senate Print 4322A, an 14 act to amend the General Municipal Law. 15 ACTING PRESIDENT GRIFFO: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT GRIFFO: Senator 24 Robach. 25 SENATOR ROBACH: Yes, just very

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(518) 371-8910 1 quickly. 2 This is a somewhat ordinary but 3 very important piece of legislation. I want 4 to commend Senator Alesi. This is something 5 we've been working on for a number of years, 6 as straightforward as it is. 7 This is bill is good because it 8 will not only allow residential areas around 9 Monroe County to have lower speed limits to 10 protect pedestrians, protect kids around 11 schools, anybody walking or riding a bike, but 12 it's also in direct response to our local 13 government colleagues who have called us to do 14 this. 15 Currently, in order to change the 16 speed limit, you have to go through a long, 17 lengthy process, additional signage, and other 18 things. This in some regards would be a 19 reverse mandate, where we'd be allowing them 20 to not only make certain streets safer in 21 certain neighborhoods at request, but also do 22 it for less money. So it's really a win/win 23 situation. 24 And I'm glad this day is here; 25 we've talked about it for a long time, but

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(518) 371-8910 1 there's been some frustration because it's 2 taken a lengthy time to get this passed. And 3 I hope, again, on the merits for protecting 4 people and in response to our colleagues in 5 local government, as well as less cost to 6 local government, to make their citizens safer 7 on roads, highways and neighborhoods, we'll 8 get this passed in the other house. 9 Clearly, for all those meritorious 10 reasons, a good thing to do, and I proudly 11 cast my vote in the affirmative. 12 ACTING PRESIDENT GRIFFO: Senator 13 Robach to be recorded in the affirmative. 14 Senator Alesi. 15 SENATOR ALESI: Thank you, 16 Mr. President. 17 This is a bill that had taken some 18 time to bring to the floor of the Senate. As 19 you know, it has required the cooperation and 20 involvement of several localities and 21 home-rule messages. And I'd also like to 22 thank my cosponsors, Senators Maziarz and 23 Nozzolio and Robach, for their continued 24 effort over the last couple of years to help 25 in that coordinated effort.

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(518) 371-8910 1 I think the people that we 2 represent collectively are better served when 3 local government has the opportunity to 4 determine speed limits in certain 5 neighborhoods. It is those towns that give 6 the subdivisions the permits, and they go 7 through the local committee process, planning 8 boards and things of that nature. 9 The local governments know better 10 what the needs of the communities are under 11 most circumstances, and it has been a 12 tradition of this Senate to honor the wishes 13 of local government when it makes sense. And 14 in this particular case, making our 15 neighborhoods safe, protecting our families 16 and the traveling public in certain areas in 17 those towns does make sense. 18 And I am very happy to be able to 19 bring this bill to the floor with my 20 cosponsors. And again, I'd like to thank them 21 for their effort and their cooperation as 22 well. 23 So I urge my colleagues to support 24 the bill and look forward to positive action 25 in the Assembly, because as we all know, those

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(518) 371-8910 1 members of the Assembly that are carrying this 2 bill serve the same constituents and have the 3 same responsibilities to protect them as we 4 do. 5 ACTING PRESIDENT GRIFFO: Senator 6 Alesi to be recorded in the affirmative. 7 Announce the results. 8 THE SECRETARY: Ayes, 61. Nays, 9 0. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 652, by Senator Trunzo, Senate Print 4690B, an 14 act to amend the Civil Service Law. 15 ACTING PRESIDENT GRIFFO: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 656, by Senator Montgomery, Senate Print 3 3153A, an act to amend the Family Court Act 4 and the Social Services Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 11. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 680, by Senator Leibell, Senate Print 2382B, 17 an act to amend the Surrogate's Court 18 Procedure Act, in relation to increasing. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect January 1, 2009. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 739, by Senator Leibell, Senate Print 3643A, 6 an act to amend the Executive Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 775, by Senator Little, Senate Print -- 19 SENATOR LIBOUS: Lay it aside for 20 the day, please. 21 ACTING PRESIDENT GRIFFO: Lay it 22 aside for the day. 23 THE SECRETARY: Calendar Number 24 812, by Senator Golden, Senate Print 7227, an 25 act to amend the Executive Law.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT GRIFFO: Senator 9 Montgomery. 10 SENATOR MONTGOMERY: Yes, 11 Mr. President, I would like to comment on this 12 legislation. 13 I understand the intent of this 14 bill is to ensure that any funding realized, 15 any savings realized through various actions 16 of the Office of Children and Family Services 17 be reinvested specifically in alternatives to 18 incarceration, and I'm certainly all in favor 19 of reinvestment into alternatives. 20 But I don't think that we in the 21 Legislature want to go as far as to 22 micromanage this agency when there are so 23 many -- this is the largest agency in our 24 state. It has jurisdiction over all aspects 25 of children, youth and families and their

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(518) 371-8910 1 lives. There are many decisions, multiple 2 decisions that have to be made at any given 3 moment. 4 And I don't believe it is 5 appropriate for us to establish, through this 6 kind of legislation, that we specifically 7 direct the agency to make a decision based on 8 our small and narrow vision of what we would 9 like to see happen. 10 So I support the intent, but I 11 think that it goes much too far in 12 micromanaging the agency, and so I'm going to 13 vote no on this legislation. 14 ACTING PRESIDENT GRIFFO: Senator 15 Montgomery will be recorded in the negative. 16 Announce the results. 17 THE SECRETARY: Ayes, 59. Nays, 18 2. Senators Montgomery and Perkins recorded 19 in the negative. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 856, by Senator DeFrancisco, Senate Print 24 6461A, an act in relation to the supervision, 25 coordination and approval of highway routing

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(518) 371-8910 1 designations. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 865, by Senator O. Johnson, Senate Print 14 7130A, an act to amend the Retirement and 15 Social Security Law and the Military Law. 16 SENATOR OWEN JOHNSON: Lay it 17 aside for the day, please. 18 ACTING PRESIDENT GRIFFO: Lay it 19 aside for the day. 20 THE SECRETARY: Calendar Number 21 869, by Senator Winner, Senate Print 6750A, an 22 act to amend Chapter 296 of the Laws of 2007 23 amending the Environmental Conservation Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. Nays, 7 1. Senator Duane recorded in the negative. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 911, by Senator LaValle, Senate Print 6264A, 12 an act to amend the Education Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 30th day. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 915, by Senator C. Kruger, Senate Print 5142A, 25 an act to amend the Family Court Act and the

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(518) 371-8910 1 Social Services Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 17. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 916, substituted earlier today by Member of 14 the Assembly Destito, Assembly Print Number 15 7858E, an act to amend the Social Services Law 16 and the Executive Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the 180th day. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 924, by Senator Hannon -- 4 SENATOR LIBOUS: Lay the bill 5 aside for the day, please. 6 ACTING PRESIDENT GRIFFO: Lay it 7 aside for the day. 8 THE SECRETARY: Calendar Number 9 1017, by Senator Lanza, Senate Print 6811, an 10 act to amend the Vehicle and Traffic Law. 11 ACTING PRESIDENT GRIFFO: There 12 is a home-rule message at the desk. 13 The Secretary will read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. Nays, 21 1. Senator Saland recorded in the negative. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1032, by Senator Farley, Senate Print 7148B,

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(518) 371-8910 1 an act in relation to special education 2 transportation contracts. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1073, by Senator Larkin, Senate Print 7245, an 15 act to amend the Alcoholic Beverage Control 16 Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1098, by Senator Morahan, Senate Print 8043, 4 an act to amend the Mental Hygiene Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1101, substituted earlier today by Member of 17 the Assembly Zebrowski, Assembly Print Number 18 10933, an act to amend the Mental Hygiene Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1139, by Senator Bonacic, Senate Print 7273, 6 an act to amend the Executive Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1139 are 16 Senators Duane, Hassell-Thompson, and Perkins. 17 Ayes, 58. Nays, 3. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1156, by Senator Fuschillo, Senate Print 22 7679A, an act to amend the Environmental 23 Conservation Law. 24 ACTING PRESIDENT GRIFFO: 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 180th day. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1188, by Senator Maziarz, Senate Print 6697A, 11 an act to amend the Real Property Tax Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1204, by Senator Saland -- 24 SENATOR LIBOUS: Lay the bill 25 aside for the day, please.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Lay it 2 aside for the day. 3 THE SECRETARY: Calendar Number 4 1242, by Senator Adams, Senate Print 7344, an 5 act to amend the Civil Service Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1265, by Senator Larkin -- 18 SENATOR MORAHAN: Lay it aside 19 for the day. 20 ACTING PRESIDENT GRIFFO: Lay it 21 aside for the day. 22 THE SECRETARY: Calendar Number 23 1274, by Senator Maltese, Senate Print 6449A, 24 an act to amend the Social Services Law. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1280, by Senator Padavan, Senate Print 63A, an 12 act to amend the -- 13 SENATOR DUANE: Lay it aside, 14 please. 15 ACTING PRESIDENT GRIFFO: Lay it 16 aside. 17 THE SECRETARY: Calendar Number 18 1296, by Senator Flanagan, Senate Print 694, 19 an act to amend the Tax Law. 20 ACTING PRESIDENT GRIFFO: There 21 is a local fiscal impact note at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first day of the 25 next sales tax quarterly period.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1296 are 6 Senators Duane, L. Krueger and Perkins. Also 7 Senator Montgomery. 8 Ayes, 57. Nays, 4. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1301, by Senator Maziarz, Senate Print 13 5706C -- 14 SENATOR LIBOUS: Please lay that 15 bill aside for the day. 16 ACTING PRESIDENT GRIFFO: Lay the 17 bill aside for the day. 18 THE SECRETARY: Calendar Number 19 1309, substituted earlier today by Member of 20 the Assembly Bacalles, Assembly Print Number 21 9936, an act to amend the Executive Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1313, substituted earlier today by Member of 9 the Assembly Destito, Assembly Print Number 10 10563, an act to amend the State Finance Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1316, by Senator Griffo, Senate Print 8144, an 23 act to amend the Parks, Recreation and 24 Historic Preservation Law. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1325, by Senator Young, Senate Print 5686A, an 12 act to amend the Agriculture and Markets Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1334, by Senator Morahan, Senate Print 8080, 25 an act to amend the General Business Law.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 120th day. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1370, by Senator Larkin, Senate Print 230A, an 13 act to amend the Penal Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. Nays, 22 1. Senator Perkins recorded in the negative. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1378, by Senator LaValle, Senate Print 2680, 2 an act to amend the Penal Law. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT GRIFFO: Senator 12 Krueger, to explain her vote. 13 SENATOR LIZ KRUEGER: Thank you, 14 Mr. President. 15 I will continue to vote against 16 this bill this year, as I have in the past. 17 Just pointing out a concern to our 18 colleagues that of course while it is all of 19 our goals to prevent a violent sexual offender 20 from ever attacking anyone again, the research 21 shows that a vast majority of sexual offenders 22 in fact are driven by anger and violence as 23 opposed to hormone levels. And so in fact a 24 proposal to mandate medical castration does 25 not leave us with a protection that we might

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(518) 371-8910 1 think we had. 2 In addition, I'm particularly 3 concerned about the constitutional protections 4 that are violated by mandating chemical 5 treatments of people that may in fact cause 6 other illnesses and yet not protect us, the 7 public, from them. 8 So for that reason, I will continue 9 to vote against this bill. Thank you, 10 Mr. President. 11 ACTING PRESIDENT GRIFFO: Senator 12 Krueger to be recorded in the negative. 13 Senator Montgomery, to explain her 14 vote. 15 SENATOR MONTGOMERY: Yes, 16 Mr. President. I would like to explain my 17 position on this. 18 I always support the bill, and I 19 think that in fact it's one way that people 20 who have a particular problem with their 21 inability to control this deviant behavior, 22 this excessive drive, this would help them and 23 in fact would help to keep them from molesting 24 people, one. 25 And, two, it would also help repeat

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(518) 371-8910 1 offenders not to repeat their offenses and 2 thereby having to be incarcerated for most of 3 their lives. 4 So I'm supporting this. I think it 5 is a humane thing to do. And as always, I 6 compliment Senator LaValle. And I just hope 7 that we can get this bill done in the Assembly 8 because I think we need this as one of the 9 tools to fight against sex offenders. 10 Thank you. I vote yes. 11 ACTING PRESIDENT GRIFFO: Senator 12 Montgomery will be recorded in the 13 affirmative. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1378 are 17 Senators Connor, Hassell-Thompson, L. Krueger, 18 Perkins and Schneiderman. 19 Ayes, 56. Nays, 5. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1395, by Senator Skelos, Senate Print 7712A, 24 an act to amend the Criminal Procedure Law. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. Nays, 8 0. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1399, by Senator Winner, Senate Print 7852A, 13 an act to amend the Penal Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. Nays, 22 1. Senator Duane recorded in the negative. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1427, by Senator O. Johnson -- 2 SENATOR MORAHAN: Lay it aside 3 for the day, please. 4 ACTING PRESIDENT GRIFFO: Lay it 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 1429, by Senator Fuschillo, Senate Print 8 4307B, an act to amend the Education Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 9. This 12 act shall take effect on the first of July. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. Nays, 17 1. Senator Montgomery recorded in the 18 negative. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1431, by Senator Saland, Senate Print 6272A, 23 an act to amend the Education Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect September 1. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1432, by Senator LaValle, Senate Print 7951A, 11 an act to legalize, validate, ratify and 12 confirm. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1437, substituted earlier today by Member of 25 the Assembly Sweeney, Assembly Print Number

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(518) 371-8910 1 10887, an act in relation to authorizing. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1443, by Senator Maziarz, Senate Print 7923, 14 an act to amend the Tax Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1446, by Senator Robach, Senate Print 1702, an 2 act to amend the Correction Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1485, by Senator Young, Senate Print 371, an 16 act to amend the General Municipal Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 11. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1486, by Senator Marcellino, Senate Print 614, 4 an act to amend the Real Property Tax Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1504, by Senator Farley, Senate Print 7721B, 17 an act to amend the Public Authorities Law. 18 ACTING PRESIDENT GRIFFO: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 8. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1526, by Senator LaValle, Senate Print 5563, 6 an act to amend the Education Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1526 are 16 Senators Dilan, Duane, Gonzalez, Montgomery, 17 Perkins, Stachowski and Stavisky. Also 18 Senator Schneiderman. 19 Ayes, 53. Nays, 8. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1531, by Senator LaValle, Senate Print 7838A, 24 an act to amend the Education Law. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 120th day. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1534, by Senator LaValle, Senate Print 8115, 12 an act to amend the Education Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1607, by Senator Thompson, Senate Print 8101A, 25 an act to amend the Parks, Recreation and

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(518) 371-8910 1 Historic Preservation Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1665, by Senator Morahan, Senate Print 7338A, 14 an act to authorize. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1668, by Senator Bonacic, Senate Print 7799A, 2 an act to amend the Real Property Tax Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of January. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1690, by Senator Lanza, Senate Print 5584A, an 16 act to amend the Penal Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1697, by Senator Rath, Senate Print 7701, an 5 act to amend the Real Property Tax Law. 6 SENATOR MORAHAN: Lay it aside 7 for the day, please. 8 ACTING PRESIDENT GRIFFO: Lay it 9 aside for the day. 10 THE SECRETARY: Calendar Number 11 1729, by Senator Leibell, Senate Print 8312, 12 an act in relation to state aid payments. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 SENATOR MORAHAN: Lay it aside 16 for the day, please. 17 ACTING PRESIDENT GRIFFO: Lay it 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 1734, by Senator LaValle, Senate Print 8433, 21 an act to amend Chapter 376 of the Laws of 22 1998. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1736, by Senator Breslin, Senate Print 713, an 10 act to amend the Penal Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1737, by Senator Golden, Senate Print 2450A, 23 an act to amend the Public Health Law. 24 ACTING PRESIDENT GRIFFO: 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 same date as 3 Section 24 of Part B of Chapter 58 of the Laws 4 of 2007. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1739, by Senator Leibell, Senate Print 3806A, 13 an act to amend the Labor Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1740, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Zebrowski, Assembly Print Number 2 8953, an act to amend the Domestic Relations 3 Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1741, by Senator Young, Senate Print 4499A, an 16 act to amend the Environmental Conservation 17 Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1742, by Senator Griffo, Senate Print 4620, an 5 act to amend the General Municipal Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1746, by Senator Lanza, Senate Print 6852B, an 18 act to amend the Tax Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect on the first of the 23 month next occurring 30 days after this act 24 shall have become a law. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. Nays, 4 1. Senator Duane recorded in the negative. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1747, by Senator Lanza, Senate Print 6907A, an 9 act to amend the Executive Law and the Penal 10 Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1750, by Senator Lanza, Senate Print 7354, an 23 act to amend the Public Officers Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1751, by Senator Flanagan, Senate Print 7461, 11 an act to amend the Executive Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1752, substituted earlier today by Member of 24 the Assembly Englebright, Assembly Print 25 Number 10969, an act to amend the Arts and

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(518) 371-8910 1 Cultural Affairs Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1753, by Senator Lanza, Senate Print 7533, an 14 act to amend the Civil Service Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1754, substituted earlier today by Member of 2 the Assembly Spano, Assembly Print Number 3 9673, an act to amend the Penal Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1755, by Senator Trunzo, Senate Print 8275, an 16 act to amend the Retirement and Social 17 Security Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 Could we have some order, please. 4 Thank you. 5 THE SECRETARY: Calendar Number 6 1756, by Senator Flanagan, Senate Print 8290, 7 an act to require the Metropolitan 8 Transportation Authority. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1757, by Senator Golden, Senate Print 8332, an 21 act to amend the Vehicle and Traffic Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect September 1.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1758, by Senator Nozzolio, Senate Print 8335, 9 an act to amend the Civil Service Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1760, substituted earlier today by Member of 22 the Assembly Dinowitz, Assembly Print Number 23 11355, an act to amend Chapter 841 of the Laws 24 of 1987. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1761, substituted earlier today by Member of 12 the Assembly Sweeney, Assembly Print Number 13 11197, an act to amend Chapter 307 of the Laws 14 of 2005 amending the Public Authorities Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1762, by Senator Robach, Senate Print 8377, an 2 act to amend the Workers' Compensation Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall -- 7 SENATOR MORAHAN: Lay it aside 8 for the day, please. 9 ACTING PRESIDENT GRIFFO: Lay it 10 aside for the day. 11 THE SECRETARY: Calendar Number 12 1763, by Senator Robach, Senate Print 8378, an 13 act to amend the Workers' Compensation Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1764, by Senator Robach, Senate Print 8400, an

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(518) 371-8910 1 act to amend the Workers' Compensation Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1765, by Senator Lanza, Senate Print 8402, an 14 act to amend the Criminal Procedure Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1766, substituted earlier today by Member of 3 the Assembly Markey, Assembly Print Number -- 4 SENATOR DUANE: Lay it aside, 5 please. 6 ACTING PRESIDENT GRIFFO: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 1767, by Senator Maltese, Senate Print 8424, 10 an act to amend the Penal Law and others. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 20. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT GRIFFO: 19 Announce the results. 20 THE SECRETARY: Ayes, 60. Nays, 21 1. Senator Montgomery recorded in the 22 negative. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1768, by Senator Seward, Senate Print 8435, an 2 act to amend Chapter 549 of the Laws of 2005 3 amending the Tax Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 Senator Morahan, that completes the 15 noncontroversial reading of the calendar. 16 SENATOR MORAHAN: Thank you, 17 Mr. President. 18 Can we now move to the 19 controversial reading of the calendar, or the 20 reading of the controversial calendar. 21 ACTING PRESIDENT GRIFFO: Senator 22 Morahan, may we take up some motions prior to 23 the controversial reading. 24 SENATOR MORAHAN: Fine. 25 ACTING PRESIDENT GRIFFO: We'll

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(518) 371-8910 1 return to the order of motions and 2 resolutions. 3 I would ask for some order, please. 4 Thank you. 5 Senator Fuschillo. 6 SENATOR FUSCHILLO: Thank you 7 very much, Mr. President. 8 On behalf of Senator LaValle, I 9 wish to call up Senate Print Number 6949, 10 recalled from the Assembly, which is now at 11 the desk. 12 ACTING PRESIDENT GRIFFO: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 459, by Senator LaValle, Senate Print 6949, an 16 act to amend the Education Law. 17 SENATOR FUSCHILLO: I now move to 18 reconsider the vote by which the bill was 19 passed. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 SENATOR FUSCHILLO: I now offer 25 the following amendments.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 amendments are received and accepted. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Mr. 5 President, on behalf of Senator Larkin, I wish 6 to call up Senate Print Number 1882, recalled 7 from the Assembly, which is now at the desk. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 286, by Senator Larkin, Senate Print 1882, an 12 act to amend the Racing, Pari-Mutuel Wagering 13 and Breeding Law. 14 SENATOR FUSCHILLO: I now move to 15 reconsider the vote by which the bill was 16 passed. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll on reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 SENATOR FUSCHILLO: I now offer 22 the following amendments. 23 ACTING PRESIDENT GRIFFO: The 24 amendments are received and accepted. 25 SENATOR FUSCHILLO: Thank you.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Thank 2 you, Senator Fuschillo. 3 We will now go to the controversial 4 reading of the calendar. 5 Senator Morahan. 6 SENATOR MORAHAN: That's my 7 request. 8 ACTING PRESIDENT GRIFFO: At the 9 request of Senator Morahan, we will now go to 10 the controversial reading of the calendar, and 11 the Secretary will ring the bell. 12 THE SECRETARY: Calendar Number 13 262, by Senator Larkin, Senate Print 6108A, an 14 act to amend the Real Property Tax Law. 15 SENATOR DUANE: Explanation, 16 please. 17 ACTING PRESIDENT GRIFFO: 18 Explanation requested, Senator Larkin. 19 SENATOR LARKIN: Who asked for 20 it? 21 ACTING PRESIDENT GRIFFO: Senator 22 Duane. 23 SENATOR LARKIN: Oh, my brother 24 Thomas. 25 Tom, this is a bill that we passed

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(518) 371-8910 1 the last couple of years. This is a bill 2 that's sponsored in about 25 or 27 states. It 3 just gives the local government the option to 4 collect delinquent tax liens by the bulk sale 5 of liens to a private entity. 6 Orange County and Ulster County 7 have asked for this time and time again. It 8 is very important. You can find some units 9 that have this -- 10 ACTING PRESIDENT GRIFFO: Excuse 11 me, Senator Larkin. 12 Could we please have order so the 13 Senator may be heard. 14 Senator Larkin. 15 SENATOR LARKIN: Just recently, 16 we approved the City of Schenectady, City of 17 Amsterdam, Gloversville and Utica to do the 18 same thing, and they were done unanimous. 19 Why should our county that I 20 represent be denied this opportunity when 21 there are over $5 million to $7 million in 22 this package that would go back to the 23 municipalities? And you know and everybody 24 else knows that dollars are short. These 25 dollars could do some things that are

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(518) 371-8910 1 important for the constituents. 2 And I hope you had a nice day 3 yesterday. 4 ACTING PRESIDENT GRIFFO: Senator 5 Montgomery. 6 SENATOR MONTGOMERY: Yes, thank 7 you, Mr. President. 8 I appreciate the explanation that 9 Senator Larkin has given. On the bill -- 10 ACTING PRESIDENT GRIFFO: Senator 11 Montgomery, do you wish to speak on the bill 12 or ask a question? 13 SENATOR MONTGOMERY: I'll speak 14 on the bill, Mr. President. 15 ACTING PRESIDENT GRIFFO: Senator 16 Montgomery, on the bill. 17 SENATOR MONTGOMERY: Yes. This 18 is exactly the program that was voted on by 19 the New York City Council, I guess maybe about 20 ten years ago. And after that bill passed, 21 prior to that, the properties that the city 22 owned through the tax lien process were 23 available to citizens in the city who were 24 able to bid on and in many cases acquire those 25 properties.

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(518) 371-8910 1 After a bill very, very exactly 2 similar to this passed the City Council, the 3 city began packaging the liens and selling 4 them to private parties outside of the state, 5 primarily, and it started a wholesale loss of 6 property to people in the City of New York, 7 especially in districts like mine in Brooklyn, 8 where there were essentially thousands of 9 pieces of property that went into this tax 10 lien pool. 11 And even though they could retrieve 12 their property, the owners of the property, 13 under certain conditions, under certain 14 circumstances, they were not basically able to 15 do that within the specified time. The cost 16 went up five and six times what the original 17 tax lien amount was, based on the requirements 18 of the third-party tax lien owners. And 19 subsequently, consequently, properties were 20 lost. 21 I'm opposed to this process because 22 basically those outfits, those entities that 23 are going to be in a position to purchase 24 these packages of tax liens are not people who 25 are interested in the development of any

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(518) 371-8910 1 community, and very often it leads to 2 wholesale loss of property and people who 3 don't have the interest of communities to come 4 back and develop properties. 5 We lose the opportunities to 6 develop affordable housing, to have 7 not-for-profit organizations take properties 8 and develop it into affordable living 9 residences for the people who live in those 10 communities. 11 I've seen the negative effect of 12 this, and my warning to my colleagues is that 13 this is a trap, and take New York City as an 14 example. We can go through any of our blocks 15 and find the negative consequences of what I 16 consider to be certainly a very ill-advised 17 move on the part of New York City. 18 So if other municipalities want an 19 example of how awful this can be in the name 20 of raising funds, just look at New York City. 21 Mr. President, I vote no. 22 ACTING PRESIDENT GRIFFO: Senator 23 Larkin. 24 SENATOR LARKIN: I just want to 25 remind Senator Montgomery that this bill, the

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(518) 371-8910 1 difference from the last year was one thing we 2 put in here after the debate last year which 3 Senator Duane brought up, why don't we have a 4 public hearing before there's a contract 5 signed. And as Senator Duane pointed out so 6 clearly, it was very important. And we put 7 that. 8 So what you're saying about all the 9 destruction -- but this is your City of 10 New York. 11 Senator Farley, who's diligently 12 working over here, will tell you how important 13 it was to his municipalities. The mayor of 14 Schenectady came here and begged us to pass it 15 for him. Am I correct, Senator? 16 SENATOR FARLEY: That's correct. 17 SENATOR LARKIN: So what we're 18 saying, we've done everything to protect. 19 But, you know, those are duly elected 20 officials in the City of New York. 21 Senator Duane said somebody should 22 be looking over their head and there should be 23 a public hearing. We put it in there, 24 Senator. Senator Montgomery, it's there. But 25 if you can't trust the councilmen that you

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(518) 371-8910 1 represented, maybe you ought to go and speak 2 to the Speaker in the city. 3 ACTING PRESIDENT GRIFFO: Is 4 there any other Senator wishing to be heard? 5 Senator Stachowski. 6 SENATOR STACHOWSKI: Mr. 7 President, just on the issue, and it's the 8 same message I had last year. 9 I worked on the house flipping task 10 force in Buffalo. In Buffalo, this program 11 was a complete disaster. Not through 12 Buffalo's fault; it just turns out that they 13 had too many properties yearly on their in-rem 14 sale, so that all these properties that were 15 purchased on lien by the private company sat 16 there for two, three, four years with nothing 17 being done to them and became blights on the 18 neighborhoods that they were in. 19 They have recently worked out a 20 deal with the city to take these properties 21 back from them. 22 However, the same warning. I'll 23 tell you that it doesn't matter whether you 24 have a public hearing or not, you've got to 25 make sure that your local government does

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(518) 371-8910 1 their due diligence on how their in-rem sale 2 goes every year, on whether they're going to 3 have houses standing there. 4 Fortunately, these worked in a lot 5 of the other areas, and in most parts of 6 New York City it worked also. Obviously now I 7 know it didn't work in Brooklyn. But I know 8 in Buffalo it was a disaster. 9 I was aware that it worked in 10 Schenectady before they expanded on it. I was 11 aware that it finally worked in Syracuse. But 12 I just, again, tell you that it did not work 13 in Buffalo. And that's just through the 14 circumstance of the way the in-rem sales work 15 in Buffalo and how many properties were 16 abandoned. 17 So that's the only warning I have 18 for everybody. It's something I would be 19 remiss if I didn't stand up and say it. But 20 if it works, good. And if it doesn't, well, 21 good luck with the properties you have sitting 22 there for three, four, five years. 23 I vote yes. 24 ACTING PRESIDENT GRIFFO: Any 25 other Senator wishing to be heard?

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(518) 371-8910 1 Senator Farley. 2 SENATOR FARLEY: Yeah, just to 3 Senator Stachowski, I understand your concern 4 and so forth. 5 But let me just say how successful 6 this was for Schenectady, which had the worst 7 credit rating in New York State. And the 8 mayor, giving him due credit -- he once ran 9 against me. Worked for this house, as you 10 well know -- came up and asked for this. And 11 they had so many properties that were 12 delinquent, they weren't collecting and so 13 forth. 14 That, along with some other things, 15 turned it around. Moody's has raised their 16 credit rating. The city has really come back 17 financially, and this was just one of the keys 18 to the puzzle. 19 So it can work in some places, and 20 it certainly has worked here and worked in 21 Gloversville and a few other cities that I've 22 had. 23 ACTING PRESIDENT GRIFFO: Any 24 other Senator wishing 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 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT GRIFFO: We have 9 two more bills that were laid aside. If the 10 members would choose to remain in the chamber, 11 that would help expedite the proceedings. 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 262 are 15 Senators Adams, Gonzalez and Montgomery. 16 Absent from voting: Senators C. 17 Kruger, Little and Parker. 18 Ayes, 56. Nays, 3. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1280, by Senator Padavan, Senate Print 63A, an 23 act to amend the General Municipal Law. 24 SENATOR DUANE: Explanation, 25 please.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: An 2 explanation has been called for. 3 Again, I ask for order so that the 4 Senator may be heard. 5 Senator Padavan. 6 SENATOR PADAVAN: Thank you, 7 Mr. President. 8 This kept was developed largely by 9 the hard work of Assemblywoman Barbara Clark, 10 who recognized that in the City of New York 11 there was indeed a lack of resources to 12 adequately fund athletic programs in our high 13 schools. 14 And she came up with a concept that 15 I think makes a great deal of sense to 16 authorize the City of New York, by the City 17 Council, to impose a 3 percent surcharge on 18 the tickets to professional sporting events in 19 the city, for those funds to be used by our 20 high schools in the city to expand and 21 adequately provide for their recreational and 22 sports activities. 23 ACTING PRESIDENT GRIFFO: Thank 24 you, Senator Padavan. 25 Senator Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. On the bill. 3 ACTING PRESIDENT GRIFFO: Senator 4 Duane, on the bill. 5 SENATOR DUANE: Well-intentioned 6 though this legislation may be, I have some 7 concerns about it which will lead me to vote 8 in the negative. 9 I think the first and most 10 overarching issue is that our tax levy dollars 11 should actually go towards the purchase of 12 athletic equipment and uniforms and to make 13 sure that there's space available for all 14 those who want to participate in sports and 15 other athletic activities in our schools. We 16 should just be doing that. 17 I recall a battle that I had with 18 what was then called the Board of Education 19 where small specialized schools were not being 20 provided with play space for their athletic 21 activities. And the policy of the Department 22 of Education was that all of the students in 23 the bigger schools had space, but they had a 24 policy that the students in the smaller 25 schools didn't have the space.

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(518) 371-8910 1 So they said, Well, we don't have 2 the money for the students in the smaller 3 schools. So I said, Well, but if they were in 4 bigger schools before you had these smaller 5 schools, you'd have space for them. So why 6 don't you have space for them now? I mean, 7 isn't that what our tax levy dollars are 8 supposed to be used for? 9 So we should just be doing that. 10 If we think that sports and extracurricular 11 athletic activities are important, which they 12 are, I think they are, then we should be 13 funding them appropriately. 14 I think to place the burden -- you 15 know, there is a tremendous amount of public 16 benefit being given to our largest sports 17 teams, but this would be a tax which would be 18 equally shared by those that sat in the 19 bleachers, which are the only affordable seats 20 for the big stadiums, et cetera. 21 Also, you know, the Staten Island 22 Yankees are -- frankly, they're not doing too 23 well. And the Cyclones are doing okay; they 24 could be doing better. But to tax those seats 25 more I think will negatively impact the

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(518) 371-8910 1 ability of those teams to fill those seats and 2 those stadiums. And in fact, many people can 3 only afford to go to those because the major 4 league stadium sites are just way too 5 expensive and will be even more expensive 6 after they're completed in large part thanks 7 to the public largesse. 8 So for the smaller facilities -- 9 where families can actually afford to go and 10 watch the teams -- to have to pay a surcharge 11 I think is just not right. 12 And though Lady Liberty also does 13 pretty well, another example of why would we 14 be charging -- you know, the women's 15 basketball league does okay, but it certainly 16 doesn't do as well as the male major league 17 teams, and yet there would be a surcharge 18 there as well. 19 So if we are determined and if we 20 think it's a good goal to provide athletic 21 equipment and venues for students, then we 22 should just fund it. It should be -- we 23 should make the choice to spend money to make 24 sure that they have adequate equipment and 25 decent places to play, but we shouldn't do it

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(518) 371-8910 1 at the expense of making it more difficult for 2 people to watch and families to watch some of 3 our less-advantaged sports teams in stadiums. 4 So as I say, well-intentioned 5 though this is, because I would like to see 6 athletic venues and equipment funded for 7 sports teams in our schools, I think that we 8 just have to hone this down a little bit 9 better. If we're going to tax something -- 10 although, as I say, I'm not really sure that 11 that's the way to go. Either we just fund it 12 or we should find a way that's not going to 13 hurt people who can barely afford to see 14 athletic events anyway. 15 So I'll be voting in the negative 16 on this, Mr. President. 17 And also, I'm not even sure -- I 18 don't know whether the City of New York has 19 even asked for this. I mean, maybe they did, 20 but I'm not sure that they have in the 21 Department of Education. But in the scheme of 22 all the funding requests that they've made and 23 the taxation requests they've made to us, I'm 24 not sure where this is in the priority. I'd 25 kind of like to hear that from them as well.

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(518) 371-8910 1 So I'll be voting in the negative, 2 Mr. President. 3 ACTING PRESIDENT GRIFFO: Is 4 there any other Senator wishing to be heard? 5 Senator Connor. 6 SENATOR CONNOR: Thank you, 7 Mr. President. 8 You know, this just points out 9 something that I'd like my colleagues who 10 aren't from the city to focus on. And I'm 11 going to vote for the bill. But I agree with 12 Senator Duane, it's a shame we have to do 13 something like this. We shouldn't have to. 14 The Department of Education, in my 15 mind, I don't know what they're doing. We 16 passed a record amount of school aid -- for 17 all of our schools, but for New York City -- 18 last year, and we increased it this year as 19 part of the CFE settlement. 20 Now, prior to that, my son was in 21 public school, and he was captain of the golf 22 team. Parents had to pay a tuition for that, 23 toward supporting the team. He was on the 24 football team, and I was told that the 25 Department of Education was giving them

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(518) 371-8910 1 something like $3,000 as a budget to run a 2 football program. Which in that high school, 3 by the way, was the old football team, 4 continuous, in America in a high school. 5 How did they have a football team? 6 You know, that's anywhere from 70 to 90 to a 7 hundred boys that need equipment, need to go 8 to camp to get in shape, need buses to take 9 them to games. Well, there was a tuition. In 10 public school, there was a tuition. Each 11 parent had to write a couple-of-hundred-dollar 12 check. 13 Now, I'm sure no one was turned 14 away from the program. I'm sure any parents 15 who couldn't afford it, it was just done 16 discreetly: Okay, you can play football. But 17 the other parents were paying for it. In a 18 public school. My colleagues upstate, is that 19 happens with your football teams? 20 By the way, couldn't afford to have 21 a marching band. Or, you know, the 22 cheerleaders had to buy their own uniforms. 23 That's what, in a school that's large enough 24 to be able to field teams -- because as 25 Senator Duane pointed out, these small schools

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(518) 371-8910 1 don't get the benefit of any of those 2 extracurriculars. But that's what life is 3 like there. 4 They're not funded by the 5 Department of Education. I don't know what 6 they're doing with all this extra money. We 7 voted for more money this year, and the 8 Department of Education is cutting budgets in 9 schools. Why is that? Why do I have parents 10 say to me, Why are there budget cuts in my 11 schools, when we gave them more money than 12 they ever got before? It's going on right 13 now. 14 I fault the mayor for this. He's 15 in charge of the schools, and it's going on 16 right now. They got more money from the 17 state, and they're cutting budgets. And the 18 schools in my district are hopelessly 19 overcrowded. Not by accident, by policy. By 20 policy. 21 This mayor brought about the 22 rezoning of downtown Brooklyn. He brought 23 about -- after 9/11 he made the statement, he 24 and Deputy Mayor Doctoroff: "The future of 25 lower Manhattan is residential." And I

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(518) 371-8910 1 remember testifying at a hearing right after 2 9/11 about rebuilding and saying, "If you're 3 going to make it residential, you need 4 schools, schools, schools, libraries and 5 playing fields." And the playing fields we 6 were able to accept are now woefully 7 inadequate. 8 There are two new schools online 9 now down there that will add 1200 seats. 10 Projections are by the time they're online, 11 we'll need twice as many again. 12 I happened to be in Lower Manhattan 13 on Saturday. I've never seen so many 14 strollers and baby carriages, frankly. The 15 mayor bragged at a recent event the highest 16 birth rate in America is in TriBeCa. 17 And they have a wonderful public 18 school there that real estate people encourage 19 people move in here, move in here because you 20 have the best public school, one of the best 21 in Manhattan. What they don't tell them, it's 22 at 160 percent capacity. There's no more room 23 there. 24 What is the Department of Education 25 doing? What has this mayor done? We're sick

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(518) 371-8910 1 of all the overcrowded schools. We're sick of 2 budget cuts when we put more money in. And we 3 are sick of athletic programs that parents 4 have to pay for if they're fortunate enough to 5 be able to do so. Why, why isn't the 6 Department of Education taking care of our 7 children in New York City? 8 Thank you, Mr. President. 9 ACTING PRESIDENT GRIFFO: Senator 10 Padavan. 11 SENATOR PADAVAN: Thank you, 12 Mr. President. Just a couple of points. Just 13 a couple of points. 14 First, there's nothing in the bill 15 nor in the authorization that we give to the 16 City Council that would require the New York 17 Yankees or the Mets or any of the other larger 18 teams mandating they pass this 3 percent 19 across. They could absorb it if they choose 20 to. 21 And frankly, as you pointed out, I 22 think, or someone did, the amount of benefit 23 we have been giving these big sports teams in 24 the City of New York, building stadiums, in 25 all kinds of ways, all kinds of incentives, it

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(518) 371-8910 1 seems to me that they could be motivated to 2 absorb that 3 percent so it would not impact 3 on the families or taking their kids to see a 4 ballgame. 5 The other point, one of the points 6 you made I think is answered in Article 7, 7 which is on the last page of the bill, where 8 it talks about how the monies are to be 9 utilized. And it's very specific. It talks 10 about sporting goods equipment, uniforms, 11 transportation to outside facilities or games, 12 expenses and fees for interschool and 13 intermural sports competitions, negotiated 14 rental items or fees for nonschool athletic 15 facilities. 16 As you pointed out, a lot of 17 schools just don't have the fields, so they 18 have to go somewhere else, and frequently 19 there are costs associated with that. And 20 these monies could be used to offset that 21 expense. 22 Many of you -- I'm sure I do, all 23 of you probably do -- get requests from the 24 teams and the various schools in your district 25 to buy an ad in their journal or to buy a

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(518) 371-8910 1 ticket to their fundraiser, and all that money 2 is being used by them to enhance their 3 program. And we try to do our best, but it's 4 certainly not enough. 5 Studies have been coming out lately 6 at great frequency about problems of obesity 7 in our young children, health problems, 8 serious ones, because they're not involved in 9 more athletic activity. They're not getting 10 out from behind the computer or in front of 11 the TV screen and getting out on the ballfield 12 and exercising. 13 There's also been developed a 14 direct correlation between that fact and the 15 propensity of young people to get involved in 16 alcohol, drugs, and other addictions. In 17 other words, the more they are involved in 18 athletics, the less likely they are to get 19 involved in these other destructive forms of 20 behavior. 21 So there are a lot of pluses here. 22 But I want to reemphasize we are authorizing 23 the City Council of the City of New York, 24 along with the mayor, to do this. And 25 obviously we provide a lot of latitude and

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(518) 371-8910 1 ways for them to implement this proposal. 2 Thank you, Mr. President. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Padavan. 5 Any other Senator wishing to be 6 heard? 7 The debate is closed. The 8 Secretary will ring the bell. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT GRIFFO: Senator 16 Adams, to explain his vote. 17 SENATOR ADAMS: I just want to 18 explain my vote. 19 I'm going to vote in the 20 affirmative. I agree with my colleagues on 21 the importance of having athletic programs. 22 And I think we have to continue to 23 raise the question, as Senator Connor raised, 24 of why are we seeing millions of dollars 25 poured into those consultants, millions of

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(518) 371-8910 1 dollars going to no-bid contracts. The only 2 thing that seems to be going up are those 3 no-bid contracts and those consultants in the 4 Department of Education -- yet we see a 5 decrease in after-school programs, a decrease 6 in our sports funding, a decrease in those 7 special programs for our youth to prevent them 8 from participating in violence. 9 So I think it's imperative that we 10 ask those questions and protect the funding 11 that goes to our athletic programs, that they 12 don't find themselves, the funding, off the 13 athletic fields and into the pockets of 14 consultants and independent no-bid contracts. 15 I'm going to vote in the 16 affirmative because it's important to continue 17 the support and the financial support of these 18 sports programs. 19 ACTING PRESIDENT GRIFFO: Senator 20 Adams to be recorded in the affirmative. 21 Senator Hassell-Thompson, to 22 explain her vote. 23 SENATOR HASSELL-THOMPSON: Thank 24 you, Mr. President. 25 While I agree with Senator Connor

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(518) 371-8910 1 that we work very hard to put an adequate 2 amount of funding into our educational 3 programs, it is very clear that our schools 4 continue to lose the ability to support the 5 athletic programs that are very important to 6 our children. 7 We have talked in these chambers 8 about obesity, and I appreciate the fact that 9 I hear Senator Padavan now talking about 10 obesity and not just eating disorders. Our 11 children belong to the era of technology, and 12 yet they do not have the kind of physical 13 achievement unless they play basketball, 14 unless they play a sport that they think is 15 going to take them to stardom. 16 Every child needs to have 17 activities, even those who are not good at 18 sports. And so that our schools continue to 19 lack the playground area, the equipment 20 necessary to ensure that every child has some 21 physical education. 22 This is not perhaps the best way 23 that we should be doing this, but at least 24 it's one creative way that we need to address 25 this issue. And I would hope that as we begin

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(518) 371-8910 1 next year that we will talk about across the 2 board reforms that really look at the things 3 that are lacking in our schools, as well as 4 our music and culture, so that we have a 5 better-balanced idea of what we're funding for 6 every schoolchild in the State of New York. 7 Thank you, Mr. President. I will 8 be voting in favor of the bill. 9 ACTING PRESIDENT GRIFFO: Senator 10 Hassell-Thompson to be recorded in the 11 affirmative. 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1280 are 15 Senators Bonacic, DeFrancisco, Duane, 16 Fuschillo, Griffo, Hannon, C. Johnson, 17 LaValle, Libous, Little, Marcellino, Maziarz, 18 Morahan, Robach, Saland, Savino, Skelos, 19 Stachowski, Thompson, Winner and Young. Also 20 Senator Valesky. 21 Absent from voting: Senator 22 Parker. 23 Ayes, 39. Nays, 22. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1766, substituted earlier today by Member of 4 the Assembly Markey, Assembly Print Number 5 3689B, an act to amend the Agriculture and 6 Markets Law. 7 ACTING PRESIDENT GRIFFO: Senator 8 Krueger. 9 SENATOR LIZ KRUEGER: Mr. 10 President, I have an amendment at the desk. 11 I'd like to waive reading and speak on my 12 amendment. 13 ACTING PRESIDENT GRIFFO: The 14 reading is waived, and you may be heard on the 15 amendment. 16 SENATOR LIZ KRUEGER: Thank you, 17 Mr. President. 18 Colleagues, the bill that I am 19 amending would create a task force to study 20 the problem of downed animals. I don't think 21 we need any more study. Research has been 22 done around the world. A significant number 23 of other states, including California, 24 Colorado, Florida, Illinois, Kansas, Oregon, 25 Washington State, and a number of localities

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(518) 371-8910 1 around the country have already passed 2 legislation that mirrors my legislation, today 3 in amendment to the bill -- 4 ACTING PRESIDENT GRIFFO: Excuse 5 me, Senator Krueger. 6 May we have some order, please, in 7 the chamber. 8 Thank you, Senator Krueger. 9 SENATOR LIZ KRUEGER: Thank you, 10 Mr. President. Thank you, colleagues. 11 So my bill, which today is an 12 amendment to Senator Young's bill, would in 13 fact create a no-downed-animal ordinance right 14 here in New York State. 15 A few months ago the City of New 16 York's public school system pulled hamburger 17 out of our school meals program because of 18 reports from around the country for specific 19 companies having used downed animals in the 20 food chain, creating dangerous and at-risk 21 meat. 22 What is a downed animal? A downed 23 animal is an animal too sick to walk to the 24 slaughterhouse. 25 Research has shown that downed

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(518) 371-8910 1 animals are afflicted with a myriad of 2 ailments besides mad cow disease. The U.S. 3 Department of Agriculture has records obtained 4 through the Freedom of Information Act showing 5 explicitly that the consumption of meat from 6 downed animals -- cattle, sheep and swine -- 7 can be afflicted with hepatitis, gangrene, 8 pneumonia, malignant lymphomas and other 9 ailments. Downed animals are also more likely 10 to harbor bacterial contamination than walking 11 animals. 12 This is a fundamental public health 13 issue. An animal too sick to walk to the 14 slaughterhouse, animals that have been 15 recorded as being dragged in chains and 16 shocked electrically to push them to the 17 slaughterhouse, in fact are sick. We should 18 not be eating them. Our children should not 19 be eating them. 20 McDonald's, Burger King, Wendy's 21 have already voluntarily excluded downed 22 animal meat from their systems because of 23 their recognition that this is not the quality 24 of meat that should be served to human beings. 25 A recent Zogby poll showed that

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(518) 371-8910 1 four out of five Americans are opposed to the 2 use of downed animals in the human food 3 supply. 4 Even the largest livestock 5 operation in New York State, the Empire 6 Livestock Marketing Company, has written a 7 letter -- and they have 60 percent of the 8 market share in our region -- arguing that 9 they do not use downed animal meat for human 10 consumption and they don't think anyone 11 should. 12 We're past the time for study. We 13 should outlaw downed animal meat for human 14 consumption in the State of New York. The 15 federal government has bills that have just 16 missed passing several times. We can't wait 17 for them any longer. We need to follow the 18 pattern of other states who have moved forward 19 to protect their citizens. 20 I urge my colleagues to vote with 21 me today on this amendment. 22 Thank you, Mr. President. 23 ACTING PRESIDENT GRIFFO: Thank 24 you, Senator Krueger. 25 Senator Young.

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(518) 371-8910 1 SENATOR YOUNG: Would Senator 2 Krueger yield for a question. 3 ACTING PRESIDENT GRIFFO: Senator 4 Krueger, would you yield for a question? 5 SENATOR LIZ KRUEGER: Certainly. 6 ACTING PRESIDENT GRIFFO: Senator 7 Young. 8 SENATOR YOUNG: Thank you, 9 Senator Krueger. 10 Mr. President, we've established 11 this before, but I just wanted an update. 12 Senator Krueger has told me in the past that 13 the only time she's spent on a farm was in a 14 kibbutz in Israel. Maybe she's gone upstate 15 since then, I don't know, and she's spent time 16 on farms upstate. 17 But I guess my question is, Senator 18 Krueger, what makes you qualified to make ag 19 policy when you've never set foot on a farm in 20 upstate New York? 21 ACTING PRESIDENT GRIFFO: Senator 22 Krueger. 23 SENATOR LIZ KRUEGER: Thank you. 24 Well, I've certainly set foot in 25 upstate New York. And I think since our last

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(518) 371-8910 1 debate I've even visited several farms in 2 upstate New York. 3 But I'm not sure the argument is 4 one of geography. It is one of health and 5 science. The science is there showing that 6 downed animals in fact have a greater rate of 7 illness that in fact can be transferred to 8 human beings. The U.S. Department of 9 Agriculture, our national agency in charge of 10 food inspection, has documented this data 11 through various reports. 12 Other states have carried forward 13 with this legislation. Our federal 14 government, in the House and the Senate, have 15 just missed passing a similar bill. Any 16 number of other states have already passed the 17 bill. 18 And of course we also know that 19 several other countries around the world won't 20 accept our imports of meat because of their 21 concerns about the quality of the health of 22 the meat that we are not only consuming 23 ourselves but making available for export. 24 So I'm not sure that my geographic 25 location of my home or my travels is really

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(518) 371-8910 1 the relevant question. The science is there, 2 and I'll stand by the science. 3 ACTING PRESIDENT GRIFFO: Senator 4 Young. 5 SENATOR YOUNG: Thank you. On 6 the amendment. 7 ACTING PRESIDENT GRIFFO: Senator 8 Young, on the amendment. 9 SENATOR YOUNG: You know, 10 actually there already are federal and state 11 regulations that do not allow a downed animal 12 to be introduced into the food supply. That's 13 very clear. 14 What is clear, though, also is that 15 Senator Krueger's amendment doesn't have 16 anything to do with whether they can enter the 17 food supply. It actually has to do with the 18 treatment of a downed animal once they're 19 down. 20 So, for example, it prohibits the 21 movement of a downed animal -- and by that it 22 could be a cow that breaks a leg or hurts its 23 foot -- until a veterinarian comes and checks 24 the animal out. 25 That's the reason why I asked

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(518) 371-8910 1 Senator Krueger about her exposure to 2 agricultural practices in upstate New York, 3 because oftentimes what we face in upstate 4 New York is the fact that we do not have 5 enough large animal veterinarians. 6 And what that means is that this 7 amendment actually could have quite the 8 opposite effect of its intention. Because if 9 you have to wait for a veterinarian to show up 10 on the scene before you moved a downed animal, 11 you could cause that animal to suffer 12 needlessly for hours and perhaps even days. 13 So that part of the amendment 14 really doesn't make a lot of sense. It also 15 talks about undue delay, but it's not clearly 16 defined. 17 And also, if you don't actually 18 treat a downed animal -- and I have to say 19 that a lot of our farmers are 20 jacks-of-all-trades. What that means is they 21 wear many hats. They're able to treat these 22 animals until the vet gets there. But if you 23 have to wait for the vet, it's going to cause 24 a lot of distress, not only for that animal 25 but also a lot of distress for the other

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(518) 371-8910 1 animals. 2 For example -- and again, practical 3 application -- if a cow breaks its leg right 4 in front of a milking parlor and the farmer 5 can't do anything to move or treat the animal 6 or to anything until a vet gets there, then 7 you have all the other cows that are in 8 distress because they can't be milked, for 9 example. 10 So this creates a lot of problems. 11 And I don't think that that's Senator 12 Krueger's intent. I think that she wants 13 humane treatment of animals. I believe 14 everyone in this chamber wants that same goal. 15 But this amendment really does not cover it. 16 You know, the other problem with it 17 is that it prohibits any kind of movement of 18 the animal except by a sled. Well, sometimes 19 in upstate New York there's topography that 20 prohibits that. 21 I live in the Southern Tier, in 22 Western New York. We have mountains, we have 23 woods, we have everything that we have to deal 24 with. 25 And I believe that the farmer

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(518) 371-8910 1 should have the latitude to be able to care 2 for the animal to how he or she thinks is best 3 that fits the situation. To try to legislate 4 that is the wrong direction, and that's why I 5 think everyone should oppose this amendment. 6 Thank you. 7 ACTING PRESIDENT GRIFFO: Senator 8 Krueger. 9 SENATOR LIZ KRUEGER: Thank you. 10 On my amendment, Mr. President. 11 ACTING PRESIDENT GRIFFO: Senator 12 Krueger, on her amendment. 13 SENATOR LIZ KRUEGER: I 14 appreciate the dialogue on my amendment. And 15 I just wanted to clarify that my bill doesn't 16 require a veterinarian. It does require that 17 there is humane treatment of the animal even 18 if a veterinarian is not available, that we 19 should not have undue delay. 20 I agree with Senator Young that you 21 should not cause harm or further harm or 22 trauma to the ill animal or any animals around 23 it. And again, my bill lays out specifically 24 a number of options for the moving of an 25 animal, so it does not require specifically

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(518) 371-8910 1 one type of product. 2 But again, what I think is the 3 primary purpose of the legislation -- and I 4 would certainly be happy to discuss it with 5 the Senator after session -- is to make sure 6 that sick meat is not going into our supply. 7 And my reason for amending her bill 8 today is I don't think we need a task force to 9 study the question any longer, I think the 10 State of New York needs to move. Because in 11 fact the USDA hasn't mandated these 12 requirements on our food supply; that's why we 13 still have federal legislation pending, S.394 14 in the U.S. Senate and House 661 in the U.S. 15 House of Representatives, in fact titled the 16 "Downed Animal and Food Safety Protection 17 Act." 18 So we can agree to disagree on the 19 handling of an animal that is too ill to go to 20 the slaughterhouse to become food for 21 consumption. I think the important priority 22 here today for us is to make sure sick meat is 23 not going into the food supply. 24 Thank you, Mr. President. 25 ACTING PRESIDENT GRIFFO: Thank

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(518) 371-8910 1 you, Senator Krueger. 2 On the amendment, those Senators in 3 favor please signify by raising your hands. 4 THE SECRETARY: Those recorded in 5 agreement are Senators Adams, Breslin, Connor, 6 Dilan, Duane, Gonzalez, Hassell-Thompson, 7 Huntley, Klein, L. Krueger, Montgomery, 8 Onorato, Oppenheimer, Perkins, Sabini, 9 Sampson, Savino, Schneiderman, Serrano, Smith, 10 Stachowski, Stavisky, Stewart-Cousins and 11 Thompson. 12 ACTING PRESIDENT GRIFFO: The 13 amendment is not agreed to. 14 Is there any other Senator wishing 15 to be heard on the bill? 16 Senator Young. 17 SENATOR YOUNG: Yes, 18 Mr. President, on the bill in chief. 19 I want to thank my colleagues for 20 supporting this because it does take 21 additional steps to ensure a safe food supply. 22 But at the same time, this task force will 23 study how to treat downed animals. Because 24 you can come up with policies, but unless you 25 have a task force that looks at how things

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(518) 371-8910 1 would work literally out in the field -- how 2 practical they are, what solutions can we come 3 to -- that's the way to go, rather than 4 legislate something from Albany that doesn't 5 work on the farm. 6 I do want to also point out that 7 the Farm Bureau opposed Senator Krueger's 8 amendment, but they strongly support this 9 particular bill. They are the leading voice 10 of agriculture, one of the leading voices of 11 agriculture in New York State. I believe that 12 we should listen to them, we should listen to 13 the farmers. And I would urge everyone to 14 support this legislation. 15 Thank you. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Young. 18 Any other Senator wishing to be 19 heard? 20 Then 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 GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: In relation to 5 Calendar Number 1766: Ayes, 61. Nays, 0. 6 Senator Parker absent from voting. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 Senator Morahan, that completes the 10 controversial reading of the calendar. 11 SENATOR MORAHAN: Thank you, 12 Mr. President. 13 Could we return to motions and 14 resolutions, please. 15 ACTING PRESIDENT GRIFFO: On 16 motions and resolutions. 17 SENATOR MORAHAN: Mr. President, 18 in the meantime, there's going to be an 19 immediate meeting of the Rules Committee in 20 the Majority Conference Room. 21 ACTING PRESIDENT GRIFFO: There 22 will be an immediate meeting of the Rules 23 Committee in the Majority Conference Room, 24 Room 332. 25 We will continue with motions and

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(518) 371-8910 1 resolutions. 2 Senator Fuschillo. 3 SENATOR FUSCHILLO: Thank you, 4 Mr. President. 5 Amendments are offered to the 6 follow Third Reading Calendar bills: 7 Sponsored by Senator Morahan, page 8 number 38, Calendar Number 1010, Senate Print 9 Number 8058A; 10 By Senator Morahan, page number 42, 11 Calendar Number 1143, Senate Print Number 12 4939; 13 By Senator Owen Johnson, page 14 number 59, Calendar Number 1427, Senate Print 15 Number 7653B; 16 By Senator Morahan, page number 59, 17 Calendar Number 1433, Senate Print Number 18 8051; 19 By Senator Fuschillo, page number 20 64, Calendar Number 1522, Senate Print Number 21 1312A. 22 I now move that these bills retain 23 their place on the order of third reading. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Fuschillo. The amendments are

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(518) 371-8910 1 received and adopted, and the bills will 2 retain their place on the Third Reading 3 Calendar. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Mr. 6 President, on behalf of Senator Seward, I wish 7 to call up Senate Print Number 8435, which is 8 at the desk. 9 ACTING PRESIDENT GRIFFO: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 1768, by Senator Seward, Senate Print 8435, an 13 act to amend Chapter 549 of the Laws of 2005. 14 SENATOR FUSCHILLO: I now move to 15 reconsider the vote by which this bill was 16 passed and ask that the bill be restored to 17 the order of third reading. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT GRIFFO: The 23 bill is restored to third reading. 24 The Senate stands at ease pending 25 the return of the Rules Committee.

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(518) 371-8910 1 (Whereupon, the Senate stood at 2 ease at 5:29 p.m.) 3 (Whereupon, the Senate reconvened 4 at 5:45 p.m.) 5 ACTING PRESIDENT GRIFFO: The 6 Senate will come to order. 7 Senator Morahan. 8 SENATOR MORAHAN: Thank you, 9 Mr. President. Can we return to the reports 10 of standing committees for the report of the 11 Rules Committee. 12 Is there a Rules report at the 13 desk? 14 ACTING PRESIDENT GRIFFO: The 15 Rules report is at the desk. 16 The Secretary will read. 17 THE SECRETARY: Senator Bruno, 18 from the Committee on Rules, reports the 19 following bills: 20 Senate Print 178B, by Senator 21 Alesi, an act to amend the Education Law; 22 206, by Senator Golden, an act to 23 amend the State Finance Law; 24 1084A, by Senator Saland, an act to 25 amend the Environmental Conservation Law and

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(518) 371-8910 1 others; 2 1628A, by Senator Maziarz, an act 3 to amend the Labor Law; 4 1955A, by Senator Leibell, an act 5 to amend the Public Health Law; 6 2177B, by Senator Lanza, an act to 7 amend the Tax Law; 8 2645B, by Senator Seward, an act to 9 amend the Insurance Law; 10 4333B, by Senator Young, an act to 11 amend the Agriculture and Markets Law; 12 4489, by Senator Skelos, an act to 13 authorize; 14 4637C, by Senator Rath, an act to 15 amend the Environmental Conservation Law; 16 5034, by Senator Fuschillo, an act 17 to amend the Education Law; 18 5091B, by Senator DeFrancisco, an 19 act to amend the Domestic Relations Law and 20 others; 21 5308A, by Senator Marcellino, an 22 act to amend the Education Law; 23 5525A, by Senator Thompson, an act 24 relating to certain bonds issued; 25 6878, by Senator Stewart-Cousins,

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(518) 371-8910 1 an act to amend the Local Finance Law; 2 6882, by Senator Volker, an act to 3 amend the Environmental Conservation Law; 4 7045A, by Senator Flanagan, an act 5 to authorize; 6 7128A, by Senator C. Kruger, an act 7 to authorize; 8 7180, by Senator Robach, an act to 9 amend the State Finance Law; 10 7335, by Senator Larkin, an act to 11 authorize; 12 7943, by Senator Flanagan, an act 13 to amend the Public Officers Law; 14 8023, by Senator Winner, an act to 15 amend the Public Lands Law; 16 8111A, by Senator LaValle, an act 17 to amend the Town Law; 18 8306, by Senator Farley, an act to 19 authorize; 20 8388, by Senator Saland, an act to 21 amend the Town Law; 22 8399, by Senator Golden, an act to 23 amend the Penal Law; 24 8425, by Senator Alesi, an act to 25 amend Chapter 831 of the Laws of 1981.

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(518) 371-8910 1 And Senate Print 8522, by Senator 2 Bruno, an act to amend the Education Law. 3 All bills ordered direct to third 4 reading. 5 ACTING PRESIDENT GRIFFO: Senator 6 Morahan. 7 SENATOR MORAHAN: Mr. President, 8 move to accept the report of the Rules 9 Committee. 10 ACTING PRESIDENT GRIFFO: All in 11 favor of accepting the report of the Rules 12 Committee signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT GRIFFO: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT GRIFFO: The 18 Rules Committee report is accepted. 19 Senator Morahan. 20 SENATOR MORAHAN: Mr. President, 21 could we now have the noncontroversial reading 22 of Supplemental Calendar 59A. 23 ACTING PRESIDENT GRIFFO: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1769, by Senator Alesi, Senate Print 178B, an 2 act to amend the Education Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1770, by Senator Golden, Senate Print 206, an 15 act to amend the State Finance Law. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1771, by Senator Saland, Senate Print 1084A, 3 an act to amend the Environmental Conservation 4 Law and others. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 8. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 Schneiderman. 14 SENATOR SCHNEIDERMAN: Thank you. 15 To explain my vote, Mr. President. 16 I have joined many of my colleagues 17 in voting against this bill in the past, and I 18 will do so again today. 19 This legislation provides an 20 extremely vague provision that can exempt 21 large areas of the state from the requirement 22 that we test well water. And as we know, 23 because of the dumping of toxic materials over 24 many, many decades in parts of the State of 25 New York, whether it's oil or fiberglass or

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(518) 371-8910 1 other substances, it's possible to have, in an 2 area of the state where the water is 3 relatively pristine, a small microenvironment 4 where the wells are in fact poisoned. 5 This bill provides an exemption 6 that is not done in other states that have had 7 a tradition of industrial development since 8 the 1800s, as New York has. And I think it is 9 just unacceptably dangerous. There is a 10 public health hazard involved in removing the 11 requirement that we test well water. 12 And I think it's important to take 13 note that the Assembly has got a much more 14 comprehensive bill that has a more coherent 15 way of choosing and documenting what water 16 needs to be tested and doesn't need to be 17 tested, and that's sponsored by Assemblymember 18 Jaffee. 19 This bill, which is another one of 20 our oldies but goodies, it just provides that 21 the Department of Environmental Conservation 22 may, pursuant to a finding that there's not a 23 health threat, exclude or limit the testing. 24 It doesn't tell us what that is, doesn't tell 25 us what that means.

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(518) 371-8910 1 This is not an acceptable way to 2 reduce our protection of the public health of 3 the citizens of the State of New York. I urge 4 everyone to vote no, and I urge the sponsor to 5 take a look at the Assembly bill. 6 ACTING PRESIDENT GRIFFO: Senator 7 Schneiderman to be recorded in the negative. 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1771 are 11 Senators Adams, Breslin, Diaz, Dilan, Duane, 12 Hassell-Thompson, Huntley, L. Krueger, Little, 13 Oppenheimer, Perkins, Sabini, Savino, 14 Schneiderman, Serrano, Smith, Stachowski, and 15 Stewart-Cousins. Also Senator Stavisky. Also 16 Senator Onorato. Also Senator Montgomery. 17 Ayes, 41. Nays, 21. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1772, by Senator Maziarz, Senate Print 1628A, 22 an act to amend the Labor Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1773, Senator Leibell moves to 10 discharge, from the Committee on Health, 11 Assembly Bill Number 538A and substitute it 12 for the identical Senate Bill Number 1955A, 13 Third Reading Calendar 1773. 14 ACTING PRESIDENT GRIFFO: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1773, by Member of the Assembly Paulin, 19 Assembly Print Number 538A, an act to amend 20 the Public Health Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 15th of August. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1774, by Senator Lanza, Senate Print 2177B, an 8 act to amend the Tax Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 7. This 12 act shall take effect April 1, 2009. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. Nays, 17 3. Senators Duane, L. Krueger and Perkins 18 recorded in the negative. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1776, by Senator Young, Senate Print 4333B, an 23 act to amend the Agriculture and Markets Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1777, by Senator Skelos, Senate Print 4489, an 11 act to authorize. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. Nays, 20 3. Senators Bonacic, Larkin and Rath recorded 21 in the negative. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1778, by Senator Rath, Senate Print 4637C, an

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(518) 371-8910 1 act to amend the Environmental Conservation 2 Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 10. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT GRIFFO: Senator 11 Rath. 12 SENATOR RATH: To explain my 13 vote, Mr. President. 14 This bill is named the Bruce S. 15 Kershner Old-Growth Forest Preservation and 16 Protection Act. I bring this to the attention 17 of the members because Bruce Kershner was a 18 Western New Yorker who was an ardent supporter 19 of old-growth forests. 20 In a time when most people believed 21 there were no more old-growth forests in New 22 York State, he worked tirelessly to find those 23 remnants of forest in New York State, and 24 indeed there are hundreds of acres in various 25 pockets across the state. These areas have

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(518) 371-8910 1 never been logged since the arrival of the 2 first Europeans. Several hundred of those 3 acres are right here in the Albany/Capital 4 District area. 5 Tragically, Mr. Kershner passed 6 away a year ago. This bill was under 7 consideration at the time. He was very 8 enthusiastic. It's been supported by the 9 Sierra Club, the Conservation Conservancy. 10 And the purpose of the old-growth 11 forest is that they are the building blocks 12 for restoring natural forest structures and 13 maintaining ecological diversity. 14 This session, this may go down as 15 one of the most unusual bills and one we can 16 be proudest of, that we have preserved 17 old-growth forests in New York State. Thank 18 you for supporting it. 19 ACTING PRESIDENT GRIFFO: Senator 20 Rath to be recorded in the affirmative. 21 Senator Stachowski, to explain his 22 vote. 23 SENATOR STACHOWSKI: Yes, Mr. 24 President, I'd like to rise in support of this 25 bill also.

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(518) 371-8910 1 In fact, Senator Rath actually had 2 a very interesting presentation set up out in 3 the Woodlawn Beach area this past spring, I 4 think it was, and I went over and got the 5 whole presentation on old-growth forests and 6 thought it was a great idea. 7 And I'm glad that we're doing this 8 bill, and we hope that this becomes law, 9 because this is a great bill, as Senator Rath 10 said. And it's a very important bill in that 11 we protect our old-growth forests. 12 I vote yes. 13 ACTING PRESIDENT GRIFFO: Senator 14 Stachowski to be recorded in the affirmative. 15 Announce the results. 16 THE SECRETARY: Ayes, 62. Nays, 17 0. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1779, by Senator Fuschillo, Senate Print -- 22 SENATOR MORAHAN: Lay it aside 23 for the day. 24 ACTING PRESIDENT GRIFFO: Lay it 25 aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1780, by Senator DeFrancisco, Senate Print 3 5091B, an act to amend the Domestic Relations 4 Law and others. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 21. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1781, by Senator Marcellino, Senate Print 17 5308A, an act to amend the Education Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect January 1, 2009. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1782, Senator Thompson moves 5 to discharge, from the Committee on Rules, 6 Assembly Bill Number 7817A and substitute it 7 for the identical Senate Bill Number 5525A, 8 Third Reading Calendar 1782. 9 ACTING PRESIDENT GRIFFO: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1782, by Member of the Assembly Peoples, 14 Assembly Print Number 7817A, an act relating 15 to certain bonds. 16 ACTING PRESIDENT GRIFFO: There 17 is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 1783, Senator Stewart-Cousins 4 moves to discharge, from the Committee on 5 Local Government, Assembly Bill Number 9887 6 and substitute it for the identical Senate 7 Bill Number 6878, Third Reading Calendar 8 Number 1783. 9 ACTING PRESIDENT GRIFFO: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1783, by Member of the Assembly Pretlow, 14 Assembly Print Number 9887, an act to amend 15 the Local Finance Law. 16 ACTING PRESIDENT GRIFFO: There 17 is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 1784, Senator Volker moves to 4 discharge, from the Committee on Environmental 5 Conservation, Assembly Bill Number 734 and 6 substitute it for the identical Senate Bill 7 Number 6882, Third Reading Calendar 1784. 8 ACTING PRESIDENT GRIFFO: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1784, by Member of the Assembly DelMonte, 13 Assembly Print Number 734, an act to amend the 14 Environmental Conservation Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1785, by Senator Flanagan, Senate Print 7045A, 2 an act to authorize. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1785 are 12 Senators Bonacic, Larkin and Rath. 13 Ayes, 59. Nays, 3. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 1786, Senator C. Kruger moves 18 to discharge, from the Committee on Rules, 19 Assembly Print Number 10089A and substitute it 20 for the identical Senate Bill Number 7128A, 21 Third Reading Calendar 1786. 22 ACTING PRESIDENT GRIFFO: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1786, by Member of the Assembly Weinstein, 2 Assembly Print Number 10089A, an act to 3 authorize. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1786 are 13 Senators Bonacic, Larkin and Rath. 14 Ayes, 59. Nays, 3. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1787, by Senator Robach Senate Print 7180, an 19 act to amend the State Finance Law. 20 ACTING PRESIDENT GRIFFO: Can we 21 have order, please. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1788, by Senator Larkin, Senate Print 7335, an 8 act to authorize the County of Orange. 9 ACTING PRESIDENT GRIFFO: There 10 is a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 1789, Senator Flanagan moves 22 to discharge, from the Committee on 23 Investigations and Government Operations, 24 Assembly Bill Number 3403 and substitute it 25 for the identical Senate Bill Number 7943,

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(518) 371-8910 1 Third Reading Calendar 1789. 2 ACTING PRESIDENT GRIFFO: 3 Substitution ordered. 4 And the Secretary will read. 5 THE SECRETARY: Calendar Number 6 1789, by Member of the Assembly Diaz, Assembly 7 Print Number 3403, an act to amend the Public 8 Officers Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 120th day. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1790, by Senator Winner, Senate Print 8023, an 21 act to amend the Public Lands Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 30th day.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1791, by Senator LaValle, Senate Print 8111A, 9 an act to amend the Town Law. 10 ACTING PRESIDENT GRIFFO: There 11 is a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1792, by Senator Farley, Senate Print 8306, an 23 act to authorize the City of Schenectady in 24 the County of Schenectady. 25 ACTING PRESIDENT GRIFFO: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 The Secretary will read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1793, by Senator Saland, Senate Print 8388, an 14 act to amend the Town Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1795, by Senator Golden, Senate Print 8399, an 2 act to amend the Penal Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT GRIFFO: Senator 11 Krueger, to explain her vote. 12 SENATOR LIZ KRUEGER: Thank you, 13 Mr. President. 14 So I read the bill, and I have to 15 say, well, I think I understand the point of 16 the sponsor that we want to pay extra-careful 17 attention for protecting senior citizens over 18 the age of 65 from being taken advantage of or 19 robbed of their property. 20 But as I read the bill, that 21 regardless of the nature or value of the 22 property, if the person doing the stealing is 23 ten years or more younger than the 24 65-year-old, then it's an increased crime. 25 So as I understand the bill, if I'm

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(518) 371-8910 1 85 and I rob a 95-year-old, then I have a 2 greater penalty than if I'm 54 and rob a 3 64-year-old. And I just don't think we want 4 to go down this road in criminal justice in 5 New York. 6 So I'll be voting no. Thank you. 7 ACTING PRESIDENT GRIFFO: Senator 8 Krueger to be recorded in the negative. 9 Announce the results. 10 THE SECRETARY: Ayes, 61. Nays, 11 1. Senator L. Krueger recorded in the 12 negative. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1796, by Senator Alesi, Senate Print 8425, an 17 act to amend Chapter 831 of the Laws of 1981. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1797, by Senator Bruno, Senate Print 8522, an 5 act to amend the Education Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT GRIFFO: Senator 14 Krueger, to explain her vote. 15 SENATOR LIZ KRUEGER: Thank you, 16 Mr. President. 17 We debated this bill, or a 18 variation on it, last year. And again, as I 19 understand this bill, it's sort of the 20 grandmother or grandfather of all unfunded 21 mandates. The locality would be allowed to 22 stop paying their -- collecting their taxes at 23 the local level, send the bill to the state 24 without an explanation of where we would come 25 up with the money, that is estimated over a

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(518) 371-8910 1 five-year period to be over $11 billion. 2 These are the kinds of bills we 3 should deal with in the context of the budget, 4 not as freestanding bills. And again, how in 5 a tough fiscal time are we going to deal with 6 such an enormous unfunded mandate? I don't 7 understand how we could vote for this today. 8 I'll vote no. Thank you, 9 Mr. President. 10 ACTING PRESIDENT GRIFFO: Senator 11 Krueger to be recorded in the negative. 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1797 are 15 Senators Hassell-Thompson, L. Krueger and 16 Sabini. 17 Ayes, 59. Nays, 3. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 Senator Morahan, that completes the 21 noncontroversial reading of Calendar 59A. 22 SENATOR MORAHAN: Thank you, 23 Mr. President. 24 Could we now have an immediate 25 meeting of the Rules Committee in the Majority

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(518) 371-8910 1 Conference Room. 2 ACTING PRESIDENT GRIFFO: There 3 will be an immediate meeting of the Rules 4 Committee in the Majority Conference Room, 5 Room 332. 6 SENATOR MORAHAN: And the Senate 7 will stand at ease in the meantime. 8 ACTING PRESIDENT GRIFFO: The 9 Senate stands at ease. 10 (Whereupon, the Senate stood at 11 ease at 6:10 p.m.) 12 (Whereupon, the Senate reconvened 13 at 6:26 p.m.) 14 ACTING PRESIDENT GRIFFO: The 15 Senate will come to order. 16 Senator Morahan. 17 SENATOR MORAHAN: Thank you, 18 Mr. President. 19 Could we now return to reports of 20 standing committees. 21 ACTING PRESIDENT GRIFFO: We will 22 return to reports of standing committees. 23 SENATOR MORAHAN: I understand 24 there's a Rules report at the desk. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 Secretary will read the report of the Rules 2 Committee. 3 THE SECRETARY: Senator Bruno, 4 from the Committee on Rules, reports the 5 following bills: 6 Senate Print 6201A, by Senator 7 Duane, an act to amend the Domestic Relations 8 Law; 9 7246B, by Senator Larkin, an act to 10 amend the Agriculture and Markets Law; 11 7346, by Senator LaValle, an act to 12 amend the Town Law; 13 7358A, by Senator Farley, an act to 14 amend the Banking Law; 15 7490A, by Senator Winner, an act to 16 amend the Education Law; 17 7520A, by Senator Trunzo, an act to 18 amend the Retirement and Social Security Law; 19 7611, by Senator Young, an act to 20 amend the Agriculture and Markets Law; 21 7683, by Senator Alesi, an act to 22 amend the Public Health Law; 23 7695, by Senator Volker, an act to 24 amend the Penal Law; 25 7737, by Senator Maziarz, an act to

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(518) 371-8910 1 amend the Labor Law; 2 7739, by Senator Skelos, an act to 3 amend Chapter 318 of the Laws of 2004; 4 7754A, by Senator Hannon, an act to 5 amend the Public Health Law; 6 7761, by Senator Farley, an act to 7 amend the Banking Law; 8 7769, by Senator Skelos, an act to 9 amend the Civil Practice Law and Rules; 10 7814, by Senator DeFrancisco, an 11 act to amend the Real Property Tax Law; 12 7837, by Senator LaValle, an act to 13 establish; 14 7851, by Senator Winner, an act to 15 amend the Alcoholic Beverage Control Law; 16 7854A, by Senator Young, an act to 17 amend the Agriculture and Markets Law; 18 7873, by Senator Leibell, an act to 19 amend the Agriculture and Markets Law; 20 7904, by Senator Flanagan, an act 21 to amend the Penal Law; 22 7915A, by Senator Little, an act to 23 amend the Real Property Actions and 24 Proceedings Law; 25 7928, by Senator Rath, an act

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(518) 371-8910 1 authorizing; 2 7975, by Senator Maziarz, an act to 3 amend the Agriculture and Markets Law; 4 8076, by Senator Morahan, an act to 5 establish; 6 8156A, by Senator Padavan, an act 7 to amend Chapter 130 of the Laws of 1998; 8 8255A, by Senator Marcellino, an 9 act to amend the Environmental Conservation 10 Law; 11 8267, by Senator Bruno, an act in 12 relation to creating; 13 8271, by Senator Perkins, an act 14 authorizing; 15 8281, by Senator Maltese, an act to 16 amend the Arts and Cultural Affairs Law; 17 8331, by Senator Bonacic, an act to 18 amend Chapter 172 of the Laws of 2002; 19 And Senate Print 8549, by Senator 20 Larkin, an act to amend the Racing, 21 Pari-Mutuel Wagering and Breeding Law. 22 All bills ordered direct to third 23 reading. 24 ACTING PRESIDENT GRIFFO: Senator 25 Morahan.

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(518) 371-8910 1 SENATOR MORAHAN: Yes, 2 Mr. President. I move to accept the report of 3 the Rules Committee. 4 ACTING PRESIDENT GRIFFO: All in 5 favor of accepting the report of the Rules 6 Committee signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT GRIFFO: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT GRIFFO: The 12 report is accepted. 13 Senator Morahan. 14 SENATOR MORAHAN: Can we return 15 to motions and resolutions and would you 16 recognize Senator Nozzolio, please. 17 ACTING PRESIDENT GRIFFO: Motions 18 and resolutions. 19 Senator Nozzolio. 20 SENATOR NOZZOLIO: Thank you, 21 Mr. President. 22 I wish to call up Assembly Print 23 Number 734, which is at the desk. 24 ACTING PRESIDENT GRIFFO: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1784, by Member of the Assembly DelMonte, 3 Assembly Print Number 734, an act to amend the 4 Environmental Conservation Law. 5 SENATOR NOZZOLIO: Mr. President, 6 I now move to reconsider the vote by which the 7 bill was passed and ask that said bill be 8 restored to the order of Third Reading 9 Calendar. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll on reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT GRIFFO: The 15 bill is restored to third reading. 16 Senator Nozzolio. 17 SENATOR NOZZOLIO: Mr. President, 18 on behalf of Senator Skelos, on Supplemental 19 Number 2, page 2, I offer the following 20 amendments to Calendar Number 1812, Senate 21 Print Number 7769, and ask that said bill 22 retain its place on Third Reading Calendar. 23 ACTING PRESIDENT GRIFFO: The 24 amendments are received and adopted, and the 25 bill will retain its place on the Third

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(518) 371-8910 1 Reading Calendar. 2 Thank you, Senator Nozzolio. 3 Senator Morahan. 4 SENATOR MORAHAN: Yes, 5 Mr. President. Can we return to the prior 6 supplemental active list, to Calendar 1442, 7 and take that up, noncontroversial reading. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: In relation to 11 Calendar Number 1442, Senator Little moves to 12 discharge, from the Committee on Commerce and 13 Economic Development, Assembly Bill Number 14 10944 and substitute it for the identical 15 Senate Bill Number 7910, Third Reading 16 Calendar 1442. 17 ACTING PRESIDENT GRIFFO: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1442, by Member of the Assembly Destito, 22 Assembly Print Number 10944, an act to amend 23 the Executive Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1635, by Senator Nozzolio, Senate Print 7844A, 11 an act in relation to authorizing the Town of 12 Webster. 13 ACTING PRESIDENT GRIFFO: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 7. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 Senator Morahan. 25 SENATOR MORAHAN: Yes,

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(518) 371-8910 1 Mr. President. Can we now have the 2 noncontroversial reading of the Supplemental 3 Calendar 59B. 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will conduct the noncontroversial 6 reading of Supplemental Calendar 59B. 7 THE SECRETARY: Calendar Number 8 1798, by Senator Duane, Senate Print 6201A, an 9 act to amend the Domestic Relations Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1799, by Senator Larkin, Senate Print 7246B, 22 an act to amend the Agriculture and Markets 23 Law and the Alcoholic Beverage Control Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 7. This 2 act shall take effect on the first of January. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1800, by Senator LaValle, Senate Print 7346, 11 an act to amend the Town Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1801, by Senator Farley, Senate Print 7358A, 24 an act to amend the Banking Law. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 20. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1802, by Senator Winner, Senate Print 7490A, 12 an act to amend the Education Law. 13 SENATOR WINNER: Lay it aside for 14 the day. 15 ACTING PRESIDENT GRIFFO: The 16 bill is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 1803, by Senator Trunzo, Senate Print 7520A, 19 an act to amend the Retirement and Social 20 Security Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1805, by Senator Young, Senate Print 7611, an 8 act to amend the Agriculture and Markets Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1806, Senator Alesi moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 10764 and substitute it 23 for the identical Senate Bill Number 7683, 24 Third Reading Calendar 1806. 25 ACTING PRESIDENT GRIFFO:

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(518) 371-8910 1 Substitution so ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1806, by Member of the Assembly Morelle, 5 Assembly Print Number 10764, an act to amend 6 the Public Health Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1807, Senator Volker moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 10765 and substitute it 21 for the identical Senate Bill Number 7695, 22 Third Reading Calendar 1807. 23 ACTING PRESIDENT GRIFFO: 24 Substitution so ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1807, by Member of the Assembly Rosenthal, 3 Assembly Print Number 10765, an act to amend 4 the Penal Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1808, by Senator Maziarz, Senate Print 7737, 17 an act to amend the Labor Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1809, Senator Skelos moves to 5 discharge, from the Committee on Rules -- 6 SENATOR SKELOS: Lay it aside for 7 the day, please. 8 ACTING PRESIDENT GRIFFO: Can we 9 accept the substitution first, Senator? 10 SENATOR SKELOS: Yes. 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will read the substitution. 13 THE SECRETARY: In relation to 14 Calendar Number 1809, Senator Skelos moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 10981 and substitute it 17 for the identical Senate Bill Number 7739, 18 Third Reading Calendar 1809. 19 ACTING PRESIDENT GRIFFO: 20 Substitution so ordered. 21 The bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 1810, by Senator Hannon, Senate Print 7754A, 24 an act to amend the Public Health Law. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 cull call. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1811, by Senator Farley, Senate Print Number 12 7761, an act to amend the Banking Law and the 13 Insurance Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1813, by Senator DeFrancisco, Senate Print

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(518) 371-8910 1 7814, an act to amend the Real Property Tax 2 Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1814, by Senator LaValle, Senate Print 7837, 15 an act to establish the Suffolk School of 16 Math, Science and Engineering. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 12. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1815, by Senator Winner, Senate Print 7851, an 4 act to amend the Alcoholic Beverage Control 5 Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 1816, Senator Young moves to 18 discharge, from the Committee on Agriculture, 19 Assembly Bill Number 10021A and substitute it 20 for the identical Senate Bill Number 7854A, 21 Third Reading Calendar 1816. 22 ACTING PRESIDENT GRIFFO: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1816, by Member of the Assembly Magee, 2 Assembly Print Number 10021A, an act to amend 3 the Agriculture and Markets Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1817, by Senator Leibell, Senate Print 7873, 16 an act to amend the Agriculture and Markets 17 Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 120th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1818, by Senator Flanagan, Senate Print 7904, 5 an act to amend the Penal Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 6. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1819, by Senator Little -- 18 SENATOR MORAHAN: Lay it aside 19 for the day. 20 ACTING PRESIDENT GRIFFO: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 1820, by Senator Rath, Senate Print 7928, an 24 act authorizing the waiver of penalties and 25 interest.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1821, by Senator Maziarz, Senate Print 7975, 13 an act to amend the Agriculture and Markets 14 Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1822, by Senator Morahan -- 2 SENATOR MORAHAN: Lay it aside 3 for the day. 4 ACTING PRESIDENT GRIFFO: Lay it 5 aside for the day. 6 THE SECRETARY: In relation to 7 Calendar Number 1823, Senator Padavan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 11240 and substitute it 10 for the identical Senate Bill Number 8156A, 11 Third Reading Calendar 1823. 12 ACTING PRESIDENT GRIFFO: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1823, by Member of the Assembly Farrell, 17 Assembly Print Number 11240, an act to amend 18 Chapter 130 of the Laws of 1998. 19 ACTING PRESIDENT GRIFFO: There 20 is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1825, Senator Bruno moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 11189 and substitute it 9 for the identical Senate Bill Number 8267, 10 Third Reading Calendar 1825. 11 ACTING PRESIDENT GRIFFO: 12 Substitution so ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1825, by Member of the Assembly Canestrari, 16 Assembly Print Number 11189, an act in 17 relation to creating a public library district 18 in the City of Troy, County of Rensselaer. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1826, by Senator Perkins, Senate Print 8271, 6 an act authorizing the City of New York to 7 reconvey its interest. 8 ACTING PRESIDENT GRIFFO: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1827, by Senator Maltese, Senate Print 8281, 21 an act to amend the Arts and Cultural Affairs 22 Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1828, Senator Bonacic moves to 10 discharge, from the Committee on Rules -- 11 SENATOR MORAHAN: Lay it aside 12 for the day, please. 13 ACTING PRESIDENT GRIFFO: We'll 14 complete the substitution first, Senator. 15 The Secretary will continue. 16 THE SECRETARY: In relation to 17 Calendar Number 1828, Senator Bonacic moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 11440 and substitute it 20 for the identical Senate Bill Number 8331, 21 Third Reading Calendar 1828. 22 ACTING PRESIDENT GRIFFO: 23 Substitution so ordered. 24 The bill is laid aside for the day. 25 SENATOR MORAHAN: Mr. President,

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(518) 371-8910 1 can we take up 1822, which was laid aside for 2 the day a moment ago. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1822, by Senator Morahan, Senate Print 8076, 7 an act to establish the Hudson School of Math, 8 Science and Engineering. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 12. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1847, by Senator Larkin, Senate Print 8549, an 21 act to amend the Racing, Pari-Mutuel Wagering 22 and Breeding Law. 23 ACTING PRESIDENT GRIFFO: Senator 24 Morahan. 25 SENATOR MORAHAN: Is there a

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(518) 371-8910 1 message of necessity at the desk, 2 Mr. President? 3 ACTING PRESIDENT GRIFFO: Yes, 4 there is, Senator Morahan. 5 SENATOR MORAHAN: Motion to 6 accept the message. 7 ACTING PRESIDENT GRIFFO: All in 8 favor of accepting the message of necessity 9 from the Governor indicate by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT GRIFFO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT GRIFFO: The 15 message is accepted. 16 Read the last section. 17 THE SECRETARY: Section 32. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 Senator Morahan, that completes the

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(518) 371-8910 1 noncontroversial reading of the calendar. 2 SENATOR MORAHAN: Thank you, 3 Mr. President. 4 There will be an immediate meeting 5 of the Rules Committee in the Majority 6 Conference Room. And we'll stand at ease for 7 the moment. 8 ACTING PRESIDENT GRIFFO: There 9 will be an immediate meeting of the Rules 10 Committee in the Majority Conference Room, 11 Room 332. 12 The Senate stands at ease. 13 (Whereupon, the Senate stood at 14 ease at 6:48 p.m.) 15 ACTING PRESIDENT GRIFFO: Senator 16 Morahan. 17 SENATOR MORAHAN: Yes, Mr. 18 President, I've just been advised that we will 19 not be taking up this Rules calendar when it 20 comes out on report. So those members who 21 wish to go about some other business may feel 22 free to do so. 23 (Whereupon, the Senate reconvened 24 at 7:00 p.m.) 25 ACTING PRESIDENT MAZIARZ: The

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(518) 371-8910 1 Senate will come to order. 2 Senator Morahan. 3 SENATOR MORAHAN: Yes, 4 Mr. President. Can we return to reports of 5 standing committees. I understand that 6 there's a report from the Rules Committee at 7 the desk. 8 ACTING PRESIDENT MAZIARZ: The 9 Secretary will read. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bills: 13 Senate Print 6711, by Senator 14 Stachowski, an act to authorize; 15 8017A, by Senator Lanza, an act to 16 amend the Vehicle and Traffic Law; 17 8018, by Senator Lanza, an act to 18 amend the Vehicle and Traffic Law; 19 8019, by Senator Lanza, an act to 20 establish; 21 8020A, by Senator Lanza, an act 22 enacting; 23 8224, by Senator Huntley, an act to 24 amend the Vehicle and Traffic Law; 25 8349, by Senator Flanagan, an act

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(518) 371-8910 1 to amend Chapter 492 of the Laws of 1993; 2 8357, by Senator Seward, an act to 3 amend the Insurance Law; 4 8382A, by Senator Skelos, an act 5 relating; 6 8389A, by Senator Morahan, an act 7 to amend Chapter 24 of the Laws of 2007; 8 8426, by Senator Padavan, an act to 9 amend the Real Property Tax Law; 10 8430, by Senator Winner, an act to 11 amend the Agriculture and Markets Law; 12 8437, by Senator Flanagan, an act 13 to amend the General Municipal Law; 14 8442, by the Senate Committee on 15 Rules, an act to amend the Real Property Tax 16 Law; 17 8447, by Senator Nozzolio, an act 18 to amend the Monroe County Tax Act; 19 8454, by Senator Larkin, an act to 20 authorize; 21 8455, by Senator Fuschillo, an act 22 to amend the Real Property Tax Law; 23 8456, by Senator Golden, an act 24 relating to requiring; 25 8457, by Senator Maltese, an act to

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(518) 371-8910 1 amend the Elder Law; 2 8459, by Senator Padavan, an act to 3 amend the Public Authorities Law; 4 8464, by Senator Farley, an act in 5 relation to requiring; 6 8466, by Senator Seward, an act to 7 amend Chapter 673 of the Laws of 2005; 8 8472, by Senator Leibell, an act to 9 amend the Public Officers Law; 10 8481, by Senator Maziarz, an act to 11 amend the Public Service Law; 12 And Senate Print 8483, by Senator 13 Larkin, an act to amend the Criminal Procedure 14 Law. 15 All bills ordered direct to third 16 reading. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Morahan. 19 SENATOR MORAHAN: Yes, can we 20 have a motion to accept the report of the 21 Rules Committee. 22 ACTING PRESIDENT MAZIARZ: All in 23 favor of accepting the report of the Rules 24 Committee signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT MAZIARZ: The 5 ayes have it; the report is accepted. 6 Senator Morahan. 7 SENATOR MORAHAN: Thank you, 8 Mr. President. 9 Can we stand at ease for a few 10 minutes, Mr. President. 11 ACTING PRESIDENT MAZIARZ: The 12 Senate will stand at ease. 13 Senator Morahan. 14 SENATOR MORAHAN: Thank you, 15 Mr. President. Can we return to motions. 16 ACTING PRESIDENT MAZIARZ: 17 Motions and resolutions. 18 Senator Morahan. 19 SENATOR MORAHAN: Mr. President, 20 I wish to call up Senator Farley's bill, 21 Senate Print 7761, which is at the desk. 22 ACTING PRESIDENT MAZIARZ: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 1811, by Senator Farley, Senate Print 7761, an

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(518) 371-8910 1 act to amend the Banking Law and the Insurance 2 Law. 3 SENATOR MORAHAN: Mr. President, 4 I now move to reconsider the vote by which 5 this bill was passed and ask that the bill be 6 restored to the order of third reading. 7 ACTING PRESIDENT MAZIARZ: Call 8 the roll on reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is restored. 13 The Secretary will read the 14 substitution on Calendar Number 1811. 15 THE SECRETARY: In relation to 16 Calendar Number 1811, Senator Farley moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 11236 and substitute it 19 for the identical Senate Bill Number 7761, 20 Third Reading Calendar 1811. 21 ACTING PRESIDENT MAZIARZ: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1811, by Member of the Assembly Jeffries,

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(518) 371-8910 1 Assembly Print Number 11236, an act to amend 2 the Banking Law and the Insurance Law. 3 ACTING PRESIDENT MAZIARZ: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MAZIARZ: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 Senator Morahan. 14 SENATOR MORAHAN: Mr. President, 15 can we stand at ease for a few minutes. 16 I believe we may have another 17 meeting of the Rules Committee in the Majority 18 Conference Room in a few minutes. 19 ACTING PRESIDENT MAZIARZ: There 20 will be a meeting of the Rules Committee in 21 the Majority Conference Room, Room 332, in two 22 minutes. 23 The Senate stands at ease. 24 (Whereupon, the Senate stood at 25 ease at 7:06 p.m.)

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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 7:17 p.m.) 3 ACTING PRESIDENT MAZIARZ: The 4 Senate will come to order. 5 Senator Morahan. 6 SENATOR MORAHAN: Yes, 7 Mr. President. Can we return to reports of 8 standing committees. 9 I understand there's a report from 10 the Rules Committee at the desk. 11 ACTING PRESIDENT MAZIARZ: 12 Reports of standing committees. 13 The Secretary will read. 14 THE SECRETARY: Senator Bruno, 15 from the Committee on Rules, reports the 16 following bills: 17 Senate Print 3592A, by Senator 18 Alesi, an act to amend the Economic 19 Development Law; 20 3619A, by Senator Leibell, an act 21 to amend the Volunteer Firefighters Benefit 22 Law; 23 3888, by Senator Lanza, an act to 24 amend the Public Authorities Law; 25 4155, by Senator LaValle, an act to

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(518) 371-8910 1 amend the Education Law; 2 4467, by Senator Morahan, an act to 3 amend the New York State Urban Development 4 Corporation Act; 5 4490, by Senator Skelos, an act to 6 authorize; 7 5052A, by Senator Saland, an act to 8 amend the Executive Law; 9 5129, by Senator DeFrancisco, an 10 act to amend the Mental Hygiene Law; 11 5357A, by Senator Larkin, an act to 12 amend the Agriculture and Markets Law; 13 5621, by Senator Farley, an act to 14 amend the Banking Law; 15 5687B, by Senator Fuschillo, an act 16 to amend the Civil Service Law; 17 5694, by Senator Morahan, an act in 18 relation to state aid; 19 5830A, by Senator Flanagan, an act 20 to amend the Education Law; 21 6040A, by Senator Saland, an act to 22 amend the Education Law; 23 6198A, by Senator Young, an act to 24 amend the Agriculture and Markets Law; 25 6251, by Senator Flanagan, an act

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(518) 371-8910 1 to amend the Vehicle and Traffic Law; 2 6298A, by Senator Golden, an act to 3 amend the Executive Law; 4 6721A, by Senator Skelos, an act in 5 relation to enacting; 6 6762B, by Senator Lanza, an act to 7 amend the Criminal Procedure Law; 8 6835B, by Senator Seward, an act to 9 establish; 10 7036, by Senator Adams, an act to 11 amend the Penal Law; 12 7049, by Senator Libous, an act to 13 amend the County Law; 14 7135, by Senator Alesi, an act to 15 amend the Economic Development Law; 16 7232, by Senator Winner, an act to 17 amend the Public Health Law; 18 7260A, by Senator Young, an act to 19 authorize; 20 7282B, by Senator Farley, an act to 21 amend Chapter 505 of the Laws of 2006; 22 7690, by Senator Seward, an act 23 relating to increasing; 24 7691, by Senator Seward, an act 25 relating to increasing availability;

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(518) 371-8910 1 7807A, by Senator Hannon, an act to 2 amend the Public Authorities Law; 3 7816A, by Senator DeFrancisco, an 4 act to amend the Real Property Tax Law; 5 7966A, by Senator Leibell, an act 6 to amend the Local Finance Law; 7 8108, by Senator LaValle, an act to 8 amend the Real Property Tax Law; 9 8137, by Senator Robach, an act 10 authorizing; 11 8169A, by Senator Young, an act to 12 amend the Environmental Conservation Law; 13 8236, by Senator Valesky, an act to 14 authorize; 15 8245, by Senator Maziarz, an act to 16 amend Chapter 433 of the Laws of 1997; 17 8294A, by Senator Bonacic, an act 18 to amend the Insurance Law; 19 8443, by Senator Griffo, an act to 20 amend Chapter 92 of the Laws of 2001; 21 8446, by the Senate Committee on 22 Rules, an act to amend the Insurance Law; 23 And Senate Print 8473, by Senator 24 Leibell, an act to amend the Patriot Plan. 25 All bills ordered direct to third

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(518) 371-8910 1 reading. 2 ACTING PRESIDENT MAZIARZ: 3 Senator Morahan. 4 SENATOR MORAHAN: Yes, can I move 5 that we accept the report of the Rules 6 Committee, sir. 7 ACTING PRESIDENT MAZIARZ: All in 8 favor of accepting the report of the Rules 9 Committee signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MAZIARZ: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MAZIARZ: The 15 Rules Committee report is accepted. 16 Senator Morahan. 17 SENATOR MORAHAN: Is there any 18 other further business at the desk, 19 Mr. President? 20 ACTING PRESIDENT MAZIARZ: There 21 is no further business, Senator. 22 SENATOR MORAHAN: Then I move 23 that we adjourn till Tuesday, June 17th, at 24 11:00 a.m. 25 ACTING PRESIDENT MAZIARZ: On

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

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(518) 371-8910