Thursday, June 19, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 19, 2008 11 11:09 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR GEORGE H. WINNER, JR., Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Skelos. 8 SENATOR SKELOS: If we could 9 adopt the Resolution Calendar, with the 10 exception of Resolutions 6663, 6664, and 6713. 11 ACTING PRESIDENT WINNER: All in 12 favor of adopting the Resolution Calendar, 13 with the exception of Resolutions 6663, 6664, 14 and 6713, signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT WINNER: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT WINNER: The 20 Resolution Calendar is adopted. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 if we could take up Resolution 6713, by 24 Senator Bruno, have the title read, and move 25 for its immediate adoption.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 Secretary will read. 3 THE SECRETARY: By Senator Bruno, 4 Concurrent Resolution Number 6713, 5 establishing a plan setting forth an itemized 6 list for grantees for certain appropriations 7 for the 2008-2009 state fiscal year under the 8 Edward Byrne Memorial Grant Program and for 9 grants that prevent domestic violence or aid 10 victims of domestic violence, as required by 11 Subdivision 5 of Section 24 of the State 12 Finance Law. 13 ACTING PRESIDENT WINNER: Call 14 the roll on the resolution. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 40. 17 ACTING PRESIDENT WINNER: The 18 resolution is adopted. 19 SENATOR SKELOS: Mr. President, I 20 believe there are motions at this time. 21 ACTING PRESIDENT WINNER: Senator 22 Fuschillo. 23 SENATOR FUSCHILLO: Thank you, 24 Mr. President. 25 On behalf of Senator DeFrancisco, I

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(518) 371-8910 1 wish to call Senate Print Number 2879A, 2 recalled from the Assembly, which is now at 3 the desk. 4 ACTING PRESIDENT WINNER: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 682, by Senator DeFrancisco, Senate Print 8 2879A, an act to amend the Estates, Powers and 9 Trusts Law and others. 10 SENATOR FUSCHILLO: I now move to 11 reconsider the vote by which the bill was 12 passed. 13 ACTING PRESIDENT WINNER: Call 14 the roll on reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 40. 17 SENATOR FUSCHILLO: I now offer 18 the following amendments. 19 ACTING PRESIDENT WINNER: The 20 amendments are received. 21 SENATOR FUSCHILLO: Thank you, 22 Mr. President. 23 On behalf of Senator Morahan, I 24 wish to call up Senate Print Number 4006, 25 recalled from the Assembly, which is now at

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(518) 371-8910 1 the desk. 2 ACTING PRESIDENT WINNER: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 557, by Senator Morahan, Senate Print 4006, an 6 act to amend the Mental Hygiene Law. 7 SENATOR FUSCHILLO: I now move to 8 reconsider the vote by which the bill was 9 passed. 10 ACTING PRESIDENT WINNER: Call 11 the roll on reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 40. 14 SENATOR FUSCHILLO: I now offer 15 the following amendments. 16 ACTING PRESIDENT WINNER: The 17 amendments are received and adopted. 18 SENATOR FUSCHILLO: On behalf of 19 Senator Larkin, I wish to call up Senate Print 20 Number 1047A, recalled from the Assembly, 21 which is now at the desk. 22 ACTING PRESIDENT WINNER: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 285, by Senator Larkin, Senate Print 1047A, an

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(518) 371-8910 1 act to amend the Racing, Pari-Mutuel Wagering 2 and Breeding Law. 3 SENATOR FUSCHILLO: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 ACTING PRESIDENT WINNER: Call 7 the roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 40. 10 SENATOR FUSCHILLO: I now offer 11 the following amendments. 12 ACTING PRESIDENT WINNER: The 13 amendments are received and adopted. 14 SENATOR FUSCHILLO: Mr. 15 President, amendments are offered to the 16 following Third Reading Calendar bills: 17 Sponsored by Senator Larkin, page 18 number 42, Calendar Number 1263, Senate Print 19 Number 7866; 20 By Senator Volker, page number 39, 21 Calendar Number 1208, Senate Print Number 22 7964C; 23 By Senator Winner, page number 46, 24 Calendar Number 1356, Senate Print Number 25 8022;

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(518) 371-8910 1 By Senator Morahan, page number 34, 2 Calendar Number 1094, Senate Print Number 3 7408; 4 And by Senator Larkin, page number 5 33, Calendar Number 1071, Senate Print Number 6 7177. 7 I mow move that these bills retain 8 their place on the order of third reading. 9 ACTING PRESIDENT WINNER: The 10 amendments are received and adopted, and the 11 bills will retain their place on the Third 12 Reading Calendar. 13 Thank you, Senator Fuschillo. 14 SENATOR FUSCHILLO: Thank you. 15 ACTING PRESIDENT WINNER: Senator 16 Skelos. 17 SENATOR SKELOS: I believe there 18 are substitutions at the desk, if we could 19 make them at this time. 20 ACTING PRESIDENT WINNER: The 21 Secretary will read. 22 THE SECRETARY: On page 4, 23 Senator Leibell moves to discharge, from the 24 Committee on Veterans, Homeland Security and 25 Military Affairs, Assembly Bill Number 5156A

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(518) 371-8910 1 and substitute it for the identical Senate 2 Bill Number 5650, Third Reading Calendar 24. 3 On page 9, Senator Morahan moves to 4 discharge, from the Committee on Social 5 Services, Children and Families, Assembly Bill 6 Number 2019A and substitute it for the 7 identical Senate Bill Number 2899, Third 8 Reading Calendar 236. 9 On page 38, Senator Maltese moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 10306 and substitute it 12 for the identical Senate Bill Number 7389, 13 Third Reading Calendar 1179. 14 On page 40, Senator Rath moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 9317B and substitute it 17 for the identical Senate Bill Number 2324B, 18 Third Reading Calendar 1227. 19 On page 41, Senator Robach moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 10850 and substitute it 22 for the identical Senate Bill Number 8209, 23 Third Reading Calendar 1248. 24 On page 56, Senator Montgomery 25 moves to discharge, from the Committee on

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(518) 371-8910 1 Rules, Assembly Bill Number 8849A and 2 substitute it for the identical Senate Bill 3 Number 8508, Third Reading Calendar 1950. 4 And on page 60, Senator Morahan 5 moves to discharge, from the Committee on 6 Rules, Assembly Bill Number 9225A and 7 substitute it for the identical Senate Bill 8 Number 8545, Third Reading Calendar 2015. 9 ACTING PRESIDENT WINNER: 10 Substitutions ordered. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 Senator Breslin has a resolution at the desk, 14 6664. If we could have it read in its 15 entirety and move for its immediate adoption. 16 ACTING PRESIDENT WINNER: The 17 Secretary will read. 18 THE SECRETARY: By Senators 19 Breslin and DeFrancisco -- 20 ACTING PRESIDENT WINNER: Excuse 21 me. 22 Ladies and gentlemen, may we have 23 some order in the chamber, please, so that we 24 may hear the reading of this resolution and 25 give it its all due consideration. Thank you.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: By Senators 3 Breslin and DeFrancisco, Legislative 4 Resolution Number 6664, congratulating Michael 5 Leveille upon the occasion of his designation 6 as recipient of the Tewaaraton Trophy, the 7 lacrosse version of the Heisman Trophy. 8 "WHEREAS, Excellence and success in 9 competitive sports can be achieved only 10 through strenuous practice, team play and team 11 spirit, nurtured by dedicated coaching and 12 strategic planning; and 13 "WHEREAS, Athletic competition 14 enhances the moral and physical development of 15 the young people of this state, preparing them 16 for the future by instilling in them the value 17 of teamwork, encouraging a standard of healthy 18 living, imparting a desire for success, and 19 developing a sense of fair play and 20 competition; and 21 "WHEREAS, This Legislative Body is 22 justly proud to congratulate Michael Leveille 23 upon the occasion of his designation as 24 recipient of the Tewaaraton Trophy, the 25 lacrosse version of the Heisman trophy; and

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(518) 371-8910 1 "WHEREAS, A lifelong resident of 2 the town of Delmar in Albany County, New York, 3 Michael Leveille is a graduate of The Albany 4 Academy, where he was an honor student and 5 captain of both the hockey team and the 6 lacrosse team; and 7 "WHEREAS, Michael Leveille was 8 named the school's Scholar Athlete and was an 9 All-American and represented the Capital 10 District for two years on the Empire State 11 Games Lacrosse Team; and 12 "WHEREAS, Michael Leveille was 13 recruited by many of the best lacrosse 14 programs in the country and chose to attend 15 Syracuse University; and 16 "WHEREAS, Michael Leveille led 17 Syracuse to their tenth Division I National 18 Championship in 2008, leading the team in 19 every major offensive category and in the 20 semifinal game against the University of 21 Virginia, scored the tying goal and then the 22 winning goal in overtime to beat UVA 12-11 in 23 a double overtime victory, leading the Orange 24 to the final game against Johns Hopkins; and 25 "WHEREAS, Syracuse University

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(518) 371-8910 1 expanded on its great lacrosse tradition, 2 winning its record tenth National Lacrosse 3 Championship only 25 years after the Orange 4 won its first championship; and 5 "WHEREAS, Michael Leveille received 6 two prestigious awards at Syracuse, the 7 Soladay Award as Syracuse University's Athlete 8 of the Year for both athletic/academic 9 accomplishments and community service, and 10 also Syracuse's Male Athlete of the Year 11 Award; and 12 "WHEREAS, Moreover, Michael 13 Leveille won the Lowe's Senior Class Award for 14 men's lacrosse, a national honor awarded for 15 achievement in the classroom as well as 16 community service; and 17 "WHEREAS, Michael Leveille was the 18 recipient of the highest award given in 19 lacrosse, the Tewaaraton Trophy, the lacrosse 20 version of the Heisman Trophy, an award given 21 to the best lacrosse player in the country, 22 modeled after a Native American of the Mohawk 23 Tribe in upstate New York; and 24 "WHEREAS, Sports competition 25 instills the values of teamwork, pride and

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(518) 371-8910 1 accomplishment, and Michael Leveille has 2 clearly made a contribution to the spirit of 3 excellence which is a tradition of his school; 4 now, therefore, be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to 7 congratulate Michael Leveille upon the 8 occasion of his designation as recipient of 9 Tewaaraton Trophy, and be it further 10 "RESOLVED, That a copy of this 11 resolution, suitably engrossed, be transmitted 12 to Michael Leveille." 13 ACTING PRESIDENT WINNER: Senator 14 Breslin, on the resolution. 15 SENATOR BRESLIN: Thank you very 16 much, Mr. President. 17 It's my honor to stand and talk 18 about Mike Leveille, who for four years at 19 Albany Academy, his hockey and lacrosse were 20 well-known throughout the Capital District, 21 and he was at the highest academic level as 22 well. 23 And for his entire life he's lived 24 in the town of Bethlehem, in my district, and 25 then proceeded to Syracuse University, where

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(518) 371-8910 1 he became an All-American but suffered 2 through, in his junior year, a 5-8 season, 3 something unbecoming of Syracuse, which has 4 won ten championships over the last 25 years. 5 But this year was a magical year, a 6 magical year that culminated in the 7 semifinals, where Mike scored five goals 8 against Virginia -- the tying goal, the 9 winning goal -- and then went on, against 10 Johns Hopkins, to win the final game and 11 become national lacrosse champions. 12 But it doesn't end there. As was 13 pointed out, Mike is the recipient of the 14 equivalent of the Heisman Trophy, the 15 Tewaaraton Award, for the outstanding lacrosse 16 player in the country. 17 But beyond that, not only was he 18 the Athlete of the Year at Syracuse, a fitting 19 successor to Senator John DeFrancisco, who's 20 with us, but he was the Scholar Athlete of the 21 Year at Syracuse. 22 And now he's joined up in the 23 gallery with his parents, Nancy and George. 24 They, I think, considered the academic part 25 just as valuable if not more valuable than the

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(518) 371-8910 1 athletic awards that Mike that won. 2 And we're proud to greet him here, 3 as a representative of the national champion, 4 Syracuse, as an All-American, and recently the 5 third drafted player in the lacrosse pro 6 draft. And he starts, though, with his 7 academic background, this fall with KPMG in 8 New York City. 9 So with that, I welcome Mike and 10 his mom and dad, Nancy and George. 11 (Applause.) 12 ACTING PRESIDENT WINNER: Thank 13 you, Senator Breslin. 14 The question is on the resolution. 15 All in favor signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT WINNER: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT WINNER: The 21 resolution is adopted. 22 Congratulations, Michael and his 23 parents, and thank you for being here. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 Resolution 6663, by Senator DeFrancisco, is at 2 the desk. If we could have the title read and 3 move for its immediate adoption. 4 ACTING PRESIDENT WINNER: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 DeFrancisco, Legislative Resolution Number 8 6663, congratulating the Syracuse University 9 Men's Lacrosse Team upon the occasion of 10 capturing the 2008 NCAA Division I Men's 11 Lacrosse Championship. 12 ACTING PRESIDENT WINNER: Senator 13 DeFrancisco, on the resolution. 14 SENATOR DeFRANCISCO: Thank you, 15 Mr. President. 16 I also congratulate Mike and his 17 family for an outstanding athletic and 18 academic career. 19 I think Senator Breslin overstated 20 a case a bit; I didn't win the Heisman Trophy 21 or any other trophies equivalent thereto. But 22 I did play baseball there, and I'm an avid 23 Syracuse University fan. And we're very, very 24 proud of the lacrosse team and Michael and his 25 athletic and academic accomplishments.

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(518) 371-8910 1 You know, one thing that was 2 pointed out about this team, other than -- I 3 should start off by saying, actually, that 4 it's just another championship team from 5 Syracuse. I mean, it gets kind of tiresome 6 here, we've had -- you know, with the lacrosse 7 teams constantly winning, with the basketball 8 team here, with all the high school teams that 9 we bring up here. 10 It's really embarrassing, Michael, 11 to all the other Senators, that they don't 12 have the same opportunity to do this all the 13 time. 14 But the thing that I think that 15 Senator Breslin said that I think is most 16 significant about this team -- and 17 unfortunately, they couldn't come here; 18 they've all dispersed after school was out -- 19 but the fact that an incredibly successful 20 team over many, many years, that's won now 21 more championships in lacrosse than any other 22 team in history, had a terrible year last 23 year. A very, very bad last year. 24 Now, in most cases that would 25 result in continued failure and years before

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(518) 371-8910 1 they get back on top again. But it shows the 2 great leadership of Michael and the coach of 3 this team, Coach Desko, and also all the other 4 players, to be able to come together after a 5 bad year and win the national championship 6 again. 7 So congratulations to Syracuse 8 University, the coach and all the players, and 9 to Michael. And we congratulate Michael for 10 what he's done and also what you're going to 11 do in the future. 12 Now I just wanted to close by 13 saying one thing. I was a scholar athlete as 14 well at Syracuse University. I only got to 15 the Senate. I hope you get a goal much higher 16 than that in your future life. 17 So thank you and thanks for coming 18 to be here today. 19 ACTING PRESIDENT WINNER: Thank 20 you, Senator DeFrancisco. 21 Senator Stachowski. 22 SENATOR STACHOWSKI: Yeah, I'd 23 just like to rise to congratulate Mike and his 24 family, Mike on his accomplishments, both as 25 an individual and as a member of a team.

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(518) 371-8910 1 And I'd like to thank you for one 2 other thing. The guys that live in the 3 apartment complex with DeFrancisco, they had 4 him on suicide watch, with the failures of the 5 Syracuse teams in the last year. So if you 6 guys hadn't won, I'm not sure if they would 7 have got him to this point. 8 But that bravado was a little bit 9 misleading. He was very despondent and wasn't 10 reacting to any wins. Not until you won the 11 championship did he finally get his smile and 12 his bounce back. So we thank you for that. 13 ACTING PRESIDENT WINNER: The 14 question is on the resolution. All in favor 15 signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT WINNER: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT WINNER: The 21 resolution is adopted. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 there will be an immediate meeting of the 25 Health Committee in the Majority Conference

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(518) 371-8910 1 Room. 2 And we'll stand at ease. 3 ACTING PRESIDENT WINNER: 4 Immediate meeting of the Health Committee in 5 the Majority Conference Room. 6 The Senate stands at ease. 7 (Whereupon, the Senate stood at 8 ease at 11:27 a.m.) 9 ACTING PRESIDENT WINNER: Senator 10 Skelos. 11 SENATOR SKELOS: Mr. President, 12 there will be an immediate meeting of the 13 Labor Committee in the Majority Conference 14 Room. 15 ACTING PRESIDENT WINNER: 16 Immediate meeting of the Labor Committee in 17 the Majority Conference Room. 18 The Senate continues to stand at 19 ease. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 there will be an immediate meeting of the 23 Mental Health Committee in the Majority 24 Conference Room. 25 ACTING PRESIDENT WINNER: There

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(518) 371-8910 1 will be an immediate meeting of the Mental 2 Health Committee in the Majority Conference 3 Room. 4 The Senate stands at ease. 5 (Whereupon, the Senate reconvened 6 at 12:20 p.m.) 7 ACTING PRESIDENT WINNER: Senator 8 Little. 9 SENATOR LITTLE: Mr. President, 10 may we return to motions and resolutions. 11 ACTING PRESIDENT WINNER: The 12 house will come to order. 13 Motions and resolutions. 14 Senator Duane. 15 SENATOR DUANE: Thank you, 16 Mr. President. 17 On behalf of Senator Kruger, on 18 page 42 I now offer the following amendments 19 to Calendar Number 1271, Senate Print 4838A, 20 and ask that said bill retain its place on 21 Third Reading Calendar. 22 ACTING PRESIDENT WINNER: The 23 amendments are received and adopted, and the 24 bill will retain its place on the Third 25 Reading Calendar.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 And also on behalf of Senator 4 Kruger -- that's the one without the "E," 5 Senator Carl Kruger -- on page 43 I offer the 6 following amendments to Calendar Number 1276, 7 Senate Print Number 7447, and ask that said 8 bill retain its place on Third Reading 9 Calendar. 10 ACTING PRESIDENT WINNER: The 11 amendments are received and adopted, and the 12 bill will retain its place on the Third 13 Reading Calendar. 14 SENATOR DUANE: I don't care what 15 everyone says, Mr. President, you're very 16 nice. Thank you. 17 (Laughter.) 18 ACTING PRESIDENT WINNER: Thank 19 you, Senator Duane. 20 Senator Little. 21 SENATOR LITTLE: Mr. President, I 22 believe we have a substitution. 23 ACTING PRESIDENT WINNER: The 24 Secretary will read. 25 THE SECRETARY: On page 56,

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(518) 371-8910 1 Senator Saland moves to discharge, from the 2 Committee on Rules, Assembly Bill Number 3 11500A and substitute it for the identical 4 Senate Bill Number 8553, Third Reading 5 Calendar 1955. 6 ACTING PRESIDENT WINNER: 7 Substitution ordered. 8 Senator Little. 9 SENATOR LITTLE: Thank you, 10 Mr. President. May we now move to the 11 noncontroversial reading of the calendar. 12 ACTING PRESIDENT WINNER: The 13 Secretary will read. 14 May we have some order in the 15 chamber. We're going to go through the 16 noncontroversial calendar and appreciate your 17 cooperation and attention. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 24, substituted earlier today by Member of the 21 Assembly Ortiz, Assembly Print Number 5156A, 22 an act to amend the Military Law. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the 120th day. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 121, by Senator Morahan, Senate Print 4447A, 10 an act to amend the Retirement and Social 11 Security Law. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 191, by Senator DeFrancisco, Senate Print 36A, 24 an act to amend the Public Health Law and the 25 State Finance Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 120th day. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 236, substituted earlier today by Member of 13 the Assembly Dinowitz, Assembly Print Number 14 2019A, an act to amend the Domestic Relations 15 Law and the Public Health Law. 16 ACTING PRESIDENT WINNER: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 90th day. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 325, by Senator Volker, Senate Print 6747A, an 3 act to amend the Criminal Procedure Law and 4 others. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 59. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 429, by Senator Lanza, Senate Print 6355A, an 18 act to amend the Civil Practice Law and Rules. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 495, by Senator Farley, Senate Print 5238A, an 6 act to amend the Retirement and Social 7 Security Law. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 912, by Senator Maltese, Senate Print 6462A, 20 an act to amend Chapter 55 of the Laws of 21 2007, enacting the Transportation, Economic 22 Development and Environmental Conservation 23 Budget. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 976, by Senator Winner, Senate Print 7797, an 11 act to amend the Alcoholic Beverage Control 12 Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 991, by Senator Maltese, Senate Print 6643, an 25 act to amend the Penal Law.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 997, by Senator Volker, Senate Print 7411, an 13 act to amend the Penal Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1179, substituted earlier today by Member of 2 the Assembly Abbate, Assembly Print Number 3 10306, an act to amend the Civil Service Law. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1185, by Senator Lanza, Senate Print 8066, an 16 act to amend the Retirement and Social 17 Security Law. 18 ACTING PRESIDENT WINNER: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT WINNER: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1186, by Senator Rath, Senate Print 8142, an 5 act to amend the Education Law. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT WINNER: Senator 14 Diaz, to explain his vote. 15 SENATOR DIAZ: Thank you, 16 Mr. President. 17 I'm delighted to support this bill. 18 It's a beautiful, good bill. I'm delighted to 19 support it. 20 At the same time, I would like to 21 take the opportunity to say hello to the 22 New York Hispanic Clergy Organization. It's 23 an organization that came all the way from the 24 Bronx. They're all there. And I welcome them 25 to the Senate floor.

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(518) 371-8910 1 So thank you, Mr. President. They 2 took their time to come all the way from the 3 Bronx to come here to Albany today. 4 So thank you, Mr. President, and 5 I'm voting yes on the bill. 6 ACTING PRESIDENT WINNER: Senator 7 Diaz will be recorded in the affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 59. Nays, 10 0. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 And we welcome all the visitors. 14 THE SECRETARY: Calendar Number 15 1204, by Senator Saland, Senate Print 1773A, 16 an act to amend the Education Law. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 23. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1227, substituted earlier today by Member of 4 the Assembly DelMonte, Assembly Print Number 5 9317B, an act to create a task force on 6 multi-use trails. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT WINNER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1248, substituted earlier today by Member of 19 the Assembly Kavanagh, Assembly Print Number 20 10850, an act to amend the Labor Law. 21 ACTING PRESIDENT WINNER: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT WINNER: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1268, by Senator Young, Senate Print 8148, an 8 act to amend the Agriculture and Markets Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT WINNER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1288, by Senator Alesi, Senate Print 7000A, an 21 act to amend the Public Health Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the 90th day.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1289, by Senator Little, Senate Print 7472, an 9 act to amend the Social Services Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1380, by Senator Fuschillo, Senate Print 22 3079A, an act to amend the Penal Law. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1427, by Senator O. Johnson, Senate Print 11 7653C, an act to amend the Vehicle and Traffic 12 Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 30th day. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1482, by Senator Seward -- 25 SENATOR LITTLE: Lay it aside for

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(518) 371-8910 1 the day, please. 2 ACTING PRESIDENT WINNER: The 3 bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 1510, by Senator Winner, Senate Print 6282, an 6 act to amend the Alcoholic Beverage Control 7 Law. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1695, by Senator Leibell -- 20 SENATOR LITTLE: Lay it aside for 21 the day, please. 22 ACTING PRESIDENT WINNER: The 23 bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 1729, by Senator Leibell --

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(518) 371-8910 1 SENATOR LITTLE: Lay it aside for 2 the day, please. 3 ACTING PRESIDENT WINNER: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 1748, by Senator Hannon, Senate Print 7002A, 7 an act to authorize the Village of Lloyd 8 Harbor. 9 ACTING PRESIDENT WINNER: There 10 is a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1762, by Senator Robach -- 22 SENATOR LITTLE: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT WINNER: The 25 bill is laid aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1775, by Senator Seward, Senate Print 2645B, 3 an act to amend the Insurance Law. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. Nays, 12 1. Senator LaValle recorded in the negative. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1784, by Member of the Assembly DelMonte, 17 Assembly Print Number 734, an act to amend the 18 Environmental Conservation Law. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1812, by Senator Skelos, Senate Print 7769A, 6 an act to amend the Civil Practice Law and 7 Rules. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1824, by Senator Marcellino, Senate Print 20 8255A, an act to amend the Environmental 21 Conservation Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 180th day.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1883, by Senator DeFrancisco, Senate Print 9 7816A, an act to amend the Real Property Tax 10 Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1886, by Senator Robach, Senate Print 8137, an 23 act authorizing the Town of Brighton, Monroe 24 County. 25 ACTING PRESIDENT WINNER: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 7. This 4 act shall take effect immediately. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT WINNER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1918, by Senator Skelos, Senate Print 5552B, 13 an act to amend the Tax Law. 14 ACTING PRESIDENT WINNER: There 15 is a local fiscal impact notice at the desk. 16 Read the last section. 17 THE SECRETARY: Section 10. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1918 are 24 Senators Duane, L. Krueger, Parker and 25 Perkins.

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(518) 371-8910 1 Ayes, 55. Nays, 4. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1920, by Senator Lanza, Senate Print 6479A, an 6 act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT WINNER: Senator 15 Schneiderman, to explain his vote. 16 SENATOR SCHNEIDERMAN: Thank you, 17 Mr. President. 18 I'm going to vote against this 19 bill, and I urge all of my colleagues to vote 20 against it. It is really an extension of the 21 failed Bush administration policy embodied in 22 the Real ID Act, which has been extended and 23 extended and extended because it's essentially 24 impossible for states to comply with it. 25 Our Department of Motor Vehicles,

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(518) 371-8910 1 under this bill, would be required to obtain a 2 whole set of documents for anyone who wants to 3 get a driver's license, and to verify -- and 4 I'm reading from the sponsor's memo -- with 5 the issuing agency each document required to 6 be presented by the applicant. 7 This requires the DMV to become 8 essentially a body that enforces federal 9 immigration laws, requires all of our clerks 10 at the DMV to be experts in figuring out 11 whether a particular type of visa issued in 12 1988 gives someone the same status as the same 13 visa issued in 1998. It's simply a bad idea. 14 The federal government has to take 15 responsibility for taking care of our borders, 16 for taking care of the immigrants who are 17 here, for ensuring that people are here 18 legally. And I think it is a very bad mistake 19 to continue to follow the Bush 20 administration's lead -- embodied, again, in 21 Real ID, and embodied in this bill -- to make 22 the Department of Motor Vehicles of the State 23 of New York, with no federal funding, no 24 federal funding, responsible for enforcing 25 federal immigration laws. They are incapable

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(518) 371-8910 1 of doing it. 2 One out of five New Yorkers 3 currently was born somewhere else. We have 4 the highest number of immigrants here we've 5 ever had. The overwhelming majority of them 6 are here legally. But the DMV clerks aren't 7 equipped to evaluate all of their complex visa 8 documents. 9 So I appreciate the concern. You 10 are required to present identification now to 11 get a driver's license, and you have to be 12 here legally to get a driver's license. 13 Everyone knows that. This would simply create 14 chaos. 15 And again, it's just a bad message 16 to try and say, you know what, we're going to 17 try and make our DMV clerks into immigration 18 agents. I vote everyone to vote no. 19 ACTING PRESIDENT WINNER: Senator 20 Schneiderman will be recorded in the negative. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1920 are 23 Senators Adams, Connor, Dilan, Duane, 24 Gonzalez, Hassell-Thompson, Montgomery, 25 Onorato, Parker, Perkins, Sabini,

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(518) 371-8910 1 Schneiderman, Serrano, Smith, Stavisky, 2 Stewart-Cousins and Thompson. 3 Ayes, 42. Nays, 17. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1927, by Senator Trunzo -- 8 SENATOR LITTLE: Lay it aside for 9 the day, please. 10 ACTING PRESIDENT WINNER: The 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 1934, by Senator Leibell, Senate Print 7829, 14 an act to amend the Tax Law. 15 ACTING PRESIDENT WINNER: There 16 is a local fiscal impact notice at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1938, by Senator Flanagan, Senate Print 8107B, 3 an act to authorize the Commissioner of 4 General Services. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 6. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1950, substituted earlier today by Member of 17 the Assembly Peoples, Assembly Print Number 18 8849A, an act to amend the Correction Law. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 60th day. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Montgomery, to explain her vote. 3 SENATOR MONTGOMERY: Yes, thank 4 you, Mr. President. 5 I just want to thank my colleagues 6 in this house as well as in the Assembly for 7 this legislation. It's very important. As we 8 know, minorities make up over 70 percent of 9 all reported AIDS cases as reported in 2005. 10 African-American and Latina women 11 make up less than one-quarter of the female 12 population in the U.S. However, they make up 13 77 percent of all of the AIDS cases reported 14 among women in the U.S. 15 And incarceration is a major factor 16 in HIV infection among communities of color. 17 So I am very grateful that we now will be 18 looking specifically to provide information to 19 people who are returning to their communities 20 after having been incarcerated, so that they 21 know where to go to have free HIV testing as 22 well as where they can get services. 23 So I thank you very much. I'm 24 voting yes on this legislation. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Montgomery will be recorded in the 2 affirmative. 3 Senator Parker, to explain his 4 vote. 5 SENATOR PARKER: To explain my 6 vote, Mr. President. 7 First let me just begin by thanking 8 Senator Montgomery for her leadership and for 9 this bill, and to congratulate her on being so 10 proactive on an issue that's so important. 11 This pandemic has now plagued not 12 just this state but this country and this 13 world now for twenty years. And frankly, 14 we're not as far along as we should be as far 15 as eradicating it. This is a horrible and 16 debilitating disease that takes people's lives 17 by the thousands every year, almost now in 18 silence. 19 The good news is that this is 20 something that's totally preventable by our 21 own behavior. And we certainly, as a state 22 government, ought to be encouraging people to 23 behave responsibly and making sure people who 24 are coming out of our correctional facilities, 25 where there is an overabundance and a

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(518) 371-8910 1 disproportionate amount of people plagued with 2 the disease coming back to our communities, 3 those folks ought to be given the right 4 information and the right tools to protect 5 themselves and our communities. 6 So I'm voting aye on this bill. I 7 just recently launched an HIV/AIDS task force 8 in my district, and I'm hoping that this will 9 in fact make those kind of initiatives in my 10 district unnecessary in the coming future. 11 Thank you very much, Senator 12 Montgomery. I vote aye. 13 ACTING PRESIDENT WINNER: Senator 14 Parker will be recorded in the affirmative. 15 Senator Hassell-Thompson, to 16 explain her vote. 17 SENATOR HASSELL-THOMPSON: Thank 18 you, Mr. President. 19 I too would like to congratulate 20 Senator Montgomery on this bill and for the 21 care and thoughtfulness with which she attends 22 to all of our constituents, but particularly 23 to those who are returning from prison. 24 We think because the numbers of 25 deaths from HIV and AIDS has been reduced

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(518) 371-8910 1 significantly that the scourge is over. Far 2 from it. We are continuing to see new cases 3 of HIV and AIDS, and particularly among our 4 young women between the ages of 12 and 22. 5 Many times when our returning 6 incarcerated individuals return to our 7 communities, they bring with them very little 8 information about their own health and their 9 health conditions. This will go a long way, I 10 believe, in making sure that no one who is 11 returning from prison will not be informed, 12 will understand the modes of transmission, and 13 will, for their own health and welfare, be 14 more responsible in the way in which they 15 conduct themselves. 16 So I appreciate again the work that 17 she continues to do, but particularly for her 18 thoughtfulness in presenting this bill to us 19 today. And I encourage all of my colleagues 20 to support her in her efforts. 21 ACTING PRESIDENT WINNER: Senator 22 Hassell-Thompson will be recorded in the 23 affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 59. Nays,

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(518) 371-8910 1 0. 2 ACTING PRESIDENT WINNER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1955, substituted earlier today by the 6 Assembly Committee on Rules, Assembly Print 7 Number 11500A, an act to amend the Education 8 Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT WINNER: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT WINNER: Senator 17 Saland, to explain his vote. 18 SENATOR SALAND: Thank you, Mr. 19 President. 20 Mr. President, this bill represents 21 the culmination of several months' worth of 22 very intensive effort. What it basically does 23 is it puts an equal sign between a teacher's 24 conviction for a crime under the SORA, or 25 Sexual Offense Registry Act, and revocation of

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(518) 371-8910 1 license -- or certification, more 2 appropriately. 3 And as we have come to learn, 4 regrettably, the conviction or plea to a sex 5 offense doesn't -- unless there's a plea 6 arrangement, which doesn't necessarily always 7 occur -- terminate a teacher's certification. 8 As a result of which, 9 administrative hearings, whether they be 10 so-called Part 83 hearings or 3020A hearings, 11 have at times been required to be held in 12 correction facilities, often after an extended 13 period of time, as a result of which there is 14 considerable expense incurred by a school 15 district. On top of which the perpetrator has 16 already had, effectively, a due process 17 hearing and been found guilty beyond a 18 reasonable doubt or pled guilty. 19 So this is a win for taxpayers, 20 it's a win for children, it's a win for 21 parents. 22 And I'd be remiss if I didn't note 23 that there's over 225,000 teachers in New York 24 State. The overwhelming majority of them are 25 dedicated professionals, dedicated to their

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(518) 371-8910 1 communities and the children and the families 2 whom they serve. These predators certainly 3 don't belong in their midst, and we are 4 removing them far more rapidly. 5 And if I may, Mr. President, at the 6 expense of being presumptive, the following 7 bill deals very similarly with an issue which 8 basically deals with white-collar crime that 9 is perpetrated against a school district and 10 its taxpayers. 11 And what that bill similarly would 12 do would be to say that if a school supervisor 13 or business personnel person who had a 14 certificate in fact defrauded that school 15 district, as has occurred in Long Island and 16 in other districts, that person very similarly 17 would immediately experience the revocation of 18 their certification. 19 As a result of which, I would 20 reasonably expect this would also help to be a 21 deterrent from those who would steal from 22 taxpayers and compromise not only the 23 taxpayers but the quality of education within 24 their respective school districts. 25 Thank you, Mr. President. Quite

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(518) 371-8910 1 obviously, I vote aye. 2 ACTING PRESIDENT WINNER: Senator 3 Saland will be recorded in the affirmative. 4 Senator Little, to explain her 5 vote. 6 SENATOR LITTLE: Thank you, 7 Mr. President. 8 If I could briefly explain my vote, 9 because I would like to sincerely thank 10 Senator Saland for his efforts in gaining 11 consensus on this piece of legislation, being 12 able to put it forth and have it become law in 13 New York State. 14 As a representative of 53 school 15 districts, I know that this is going to not 16 only put these people out of their contact 17 with children within the school, it's going to 18 save the schools a tremendous amount of money 19 in the Part 83/3020A hearings and actually 20 just really do a great job at when there is an 21 offense and a person is guilty or convicted, 22 that is it. 23 So thank you, Senator Saland. It's 24 a great bill and a great effort put forth. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Little will be recorded in the affirmative. 2 Announce the results. 3 THE SECRETARY: Ayes, 59. Nays, 4 0. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1956, by Senator Saland, Senate Print 8554, an 9 act to amend the Education Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1969, by Senator Golden, Senate Print 7163, an 22 act to amend the Tax Law. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 5. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1971, by Senator Sabini, Senate Print 1645, an 10 act to amend the General Business Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1972, by Senator DeFrancisco, Senate Print 23 7585C, an act to amend the Elder Law and the 24 Public Health Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 7. This 3 act shall take effect on the 120th day. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1974 -- 12 SENATOR HANNON: Lay it aside for 13 the day. 14 ACTING PRESIDENT WINNER: The 15 bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 1991, by Senator Stachowski, Senate Print 18 6232, an act to amend Chapter 276 of the Laws 19 of 1993 relating to authorizing. 20 ACTING PRESIDENT WINNER: There 21 is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT WINNER: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT WINNER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1995, by Senator Hannon, Senate Print 7752, an 8 act to amend the Surrogate's Court Procedure 9 Act. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1996, by Senator Winner, Senate Print 8291, an 22 act to amend the Tax Law and the Public Health 23 Law. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 10. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1997, by Senator Winner, Senate Print 8328A, 11 an act to amend the Real Property Tax Law. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1998, by Senator Winner, Senate Print 8380, an 24 act to amend the Vehicle and Traffic Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1999, by Senator Padavan, Senate Print 8427A, 12 an act to amend the Real Property Tax Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT WINNER: Senator 21 Duane. 22 SENATOR DUANE: Mr. President, 23 because I have a pecuniary interest in 24 Calendar Number 1999, I respectfully request 25 to be excused from voting on this matter.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Without 2 objection, Senator Duane will be recorded as 3 abstaining. 4 SENATOR DUANE: Thank you, 5 Mr. President. 6 ACTING PRESIDENT WINNER: Thank 7 you, Senator Duane. 8 Announce the results. 9 THE SECRETARY: Ayes, 58. Nays, 10 0. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2000, by Senator Padavan, Senate Print 8460, 15 an act to amend the New York State Financial 16 Emergency Act for the City of New York. 17 ACTING PRESIDENT WINNER: Read 18 the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2002, by Senator Saland, Senate Print 8497, an 4 act to amend the Education Law. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2003, by Senator Saland, Senate Print 8498, an 17 act to amend the Education Law. 18 ACTING PRESIDENT WINNER: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 60th day. 22 ACTING PRESIDENT WINNER: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2005, by Senator Libous, Senate Print 8510, an 5 act to amend the Highway Law. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect May 1, 2009. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2007, by the Senate Committee on Rules, Senate 18 Print 8516, an act to amend the Insurance Law. 19 ACTING PRESIDENT WINNER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT WINNER: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT WINNER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 2008, by the Senate Committee on Rules, Senate 7 Print 8521, an act to amend the Executive Law. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT WINNER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 2009, by Senator Golden, Senate Print 8535, an 20 act to amend the Executive Law and the Social 21 Services Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 13. This 25 act shall take effect April 1.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT WINNER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2013, by Senator Flanagan, Senate Print 8543, 9 an act to amend Chapter 672 of the Laws of 10 1993, amending the Public Authorities Law. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2015, substituted earlier today by Member of 23 the Assembly Weisenberg, Assembly Print Number 24 9225A, an act to amend the Mental Hygiene Law. 25 ACTING PRESIDENT WINNER: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 120th day. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT WINNER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2017, by Senator Little, Senate Print 8555, an 12 act to amend Part X of Chapter 62 of the Laws 13 of 2003. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 Senator Little, that completes the 25 noncontroversial calendar.

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(518) 371-8910 1 SENATOR LITTLE: Thank you, 2 Mr. President. 3 Could we return to motions and 4 resolutions. 5 ACTING PRESIDENT WINNER: Motions 6 and resolutions. 7 Senator Seward. 8 SENATOR SEWARD: Yes, 9 Mr. President. On behalf of Senator Flanagan, 10 I wish to call up his bill, Print Number 3849, 11 recalled from the Assembly, which is now at 12 the desk. 13 ACTING PRESIDENT WINNER: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1712, by Senator Flanagan, Senate Print 3849, 17 an act to amend the Economic Development Law. 18 SENATOR SEWARD: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT WINNER: Call 22 the roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 SENATOR SEWARD: Mr. President, I

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(518) 371-8910 1 now offer the following amendments. 2 ACTING PRESIDENT WINNER: The 3 amendments are received and adopted. 4 Thank you, Senator Seward. 5 SENATOR SEWARD: Thank you. 6 SENATOR LITTLE: Mr. President, I 7 believe Senator Duane has a motion. 8 ACTING PRESIDENT WINNER: Senator 9 Duane. 10 SENATOR DUANE: Thank you, 11 Mr. President. 12 On behalf of Senator Sabini, I wish 13 to call up his bill, Print Number 5874, 14 recalled from the Assembly, which is now at 15 the desk. 16 ACTING PRESIDENT WINNER: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 1144, by Senator Sabini, Senate Print 5874, an 20 act to amend the Agriculture and Markets Law. 21 SENATOR DUANE: I now move to 22 reconsider the vote by which this bill was 23 passed. 24 ACTING PRESIDENT WINNER: Call 25 the roll on reconsideration.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 SENATOR DUANE: Mr. President, I 4 now offer the following amendments. 5 ACTING PRESIDENT WINNER: The 6 amendments are received and adopted. 7 SENATOR DUANE: Thank you. 8 ACTING PRESIDENT WINNER: Thank 9 you. 10 Senator Little. 11 SENATOR LITTLE: Thank you, 12 Mr. President. 13 There will now be a meeting of the 14 Rules Committee in the Senate Majority 15 Conference Room, and the Senate will stand at 16 ease. 17 ACTING PRESIDENT WINNER: 18 Immediate meeting of the Rules Committee in 19 the Majority Conference Room. 20 The Senate stands at ease. 21 (Whereupon, the Senate stood at 22 ease at 12:54 p.m.) 23 (Whereupon, the Senate reconvened 24 at 1:06 p.m.) 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could return to reports of standing 4 committees, for the report of the Rules 5 Committee. 6 ACTING PRESIDENT WINNER: Reports 7 of standing committees. 8 There is a Rules report at the 9 desk. The Secretary will read. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bills: 13 Senate Print 466A, by Senator 14 Bonacic, an act to amend the Private Housing 15 Finance Law; 16 3387, by Senator Onorato, an act to 17 amend the Penal Law; 18 5218A, by Senator Morahan, an act 19 to create; 20 5465A, by Senator Golden, an act to 21 amend the Elder Law; 22 5565A, by Senator Golden, an act to 23 amend the Criminal Procedure Law; 24 6043B, by Senator Morahan, an act 25 to amend the Public Health Law;

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(518) 371-8910 1 6533A, by Senator Rath, an act to 2 amend the Education Law; 3 6639C, by Senator Golden, an act to 4 amend the Education Law; 5 7893A, by Senator Fuschillo, an act 6 to amend the Executive Law; 7 7912A, by Senator Griffo, an act to 8 authorize; 9 8198, by Senator Griffo, an act 10 establishing; 11 8449, by Senator Hannon, an act to 12 amend the Public Health Law; 13 8461, by Senator Padavan, an act to 14 amend the General City Law; 15 8507, by Senator Griffo, an act to 16 amend the Tax Law; 17 8523, by the Senate Committee on 18 Rules, an act to amend the General Municipal 19 Law; 20 8524A, by the Senate Committee on 21 Rules, an act to amend the Labor Law; 22 8559, by Senator Padavan, an act to 23 amend the Real Property Law; 24 8566, by Senator Leibell, an act to 25 amend the Real Property Tax Law;

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(518) 371-8910 1 8571, by Senator Volker, an act to 2 amend the Public Authorities Law; 3 8572, by Senator O. Johnson, an act 4 to amend the Vehicle and Traffic Law; 5 8573, by Senator Morahan, an act to 6 authorize; 7 8578, by Senator Saland, an act to 8 amend the Vehicle and Traffic Law; 9 And Senate Print 8584, by Senator 10 Lanza, an act to amend Chapter 759 of the Laws 11 of 1973. 12 All bills ordered direct to third 13 reading. 14 ACTING PRESIDENT WINNER: Senator 15 Skelos. 16 SENATOR SKELOS: Mr. President, 17 move to accept the report of the Rules 18 Committee. 19 ACTING PRESIDENT WINNER: All 20 those in favor of accepting the report of the 21 Rules Committee signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT WINNER: 24 Opposed, nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 Rules Committee report is accepted. 3 SENATOR SKELOS: Mr. President, I 4 believe there's a motion, if we could return 5 to the order of motions and resolutions. 6 ACTING PRESIDENT WINNER: Return 7 to motions and resolutions. 8 Senator Griffo. 9 SENATOR GRIFFO: Mr. President, 10 I'd like to call up my bill and offer the 11 following amendments to Calendar 2031, which 12 is Senate Print Number 8507, and ask that the 13 bill retain its place on the Third Reading 14 Calendar. 15 ACTING PRESIDENT WINNER: The 16 amendments are received and adopted, and the 17 bill will retain its place on the Third 18 Reading Calendar. 19 Thank you, Senator Griffo. 20 Senator Skelos. 21 SENATOR SKELOS: If we could now 22 take up the Rules report, which is 23 Supplemental Calendar 62A, noncontroversial. 24 ACTING PRESIDENT WINNER: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 2018, Senator Bonacic moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 8819A and substitute it 5 for the identical Senate Bill Number 466A, 6 Third Reading Calendar 2018. 7 ACTING PRESIDENT WINNER: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 2018, by Member of the Assembly Magee, 12 Assembly Print Number 8819A, an act to amend 13 the Private Housing Finance Law. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT WINNER: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2019, by Senator Onorato, Senate Print 3387,

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(518) 371-8910 1 an act to amend the Penal Law. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. Nays, 11 2. Senators Duane and Montgomery recorded in 12 the negative. 13 ACTING PRESIDENT WINNER: The 14 bill is passed. 15 Senator Duane. 16 SENATOR DUANE: Thank you, 17 Mr. President. I just wanted to make sure 18 that I understand this bill. 19 I believe that it requires 500 20 hours of community service upon conviction for 21 making graffiti, if I read it right. So I 22 just wanted to double-check and make sure that 23 that's the case. 24 But as I look, I see that that is 25 what it does. So I'll be voting in the

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(518) 371-8910 1 negative on that one, Mr. President. 2 ACTING PRESIDENT WINNER: Senator 3 Duane will be recorded in the negative. 4 Senator Montgomery, to explain her 5 vote. 6 SENATOR MONTGOMERY: Yes, 7 Mr. President, I'm also voting in the negative 8 on this. 9 And I just want to remind my 10 colleagues that one of the best remedies for 11 graffiti -- that is, the kind that we don't 12 like -- is to engage young people in doing 13 positive graffiti. 14 I have a number of groups that work 15 with young people, and they literally go 16 around the borough and paint walls. And I 17 have never seen an artistically painted wall 18 done by young people with any graffiti on it. 19 So I always advise people, 20 especially store owners, property owners, that 21 if you want to make sure that there's no 22 graffiti on your property, have a group of 23 young artists paint that wall, and it becomes 24 for them a symbol of their artistic greatness 25 and no one graffitis it with ugly graffiti.

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(518) 371-8910 1 So I'm opposed to this. I would 2 rather see us invest in allowing young people 3 an opportunity to express their artistic 4 ability and thereby eliminating their need to 5 scribble and make ugly graffiti on our walls. 6 So I'm voting no on this bill. 7 SENATOR OPPENHEIMER: Mr. 8 President. 9 ACTING PRESIDENT WINNER: The 10 roll call has been closed. And I apologize to 11 the members. 12 But as an indulgence, we allowed 13 Senator Duane and Senator Montgomery to 14 explain their votes because they had indicated 15 that they had voted no during the roll call. 16 SENATOR SKELOS: Mr. President, 17 thank you for pointing that out. And 18 certainly members were just coming in, so I 19 thank you for being flexible. 20 But I would really urge members, if 21 they have comments to make on any legislation, 22 that they come into the chamber so we can 23 move. 24 Thank you, Mr. President. 25 ACTING PRESIDENT WINNER: Thank

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(518) 371-8910 1 you, Senator Skelos. 2 The bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 2021, Senator Golden moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 5740A and substitute it 7 for the identical Senate Bill Number 5465A, 8 Third Reading Calendar 2021. 9 ACTING PRESIDENT WINNER: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 2021, by Member of the Assembly Englebright, 14 Assembly Print Number 5740A, an act to amend 15 the Elder Law. 16 ACTING PRESIDENT WINNER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT WINNER: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2022, by Senator Golden, Senate Print 5565A, 3 an act to amend the Criminal Procedure Law. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT WINNER: Senator 12 Diaz, to explain his vote. 13 SENATOR DIAZ: No, no. Not to 14 explain my vote, no. 15 ACTING PRESIDENT WINNER: 16 Announce the results. 17 THE SECRETARY: Ayes, 57. Nays, 18 2. Senators Duane and Perkins recorded in the 19 negative. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 Senator Diaz, the roll call has 23 been closed. 24 SENATOR DIAZ: No, I just want 25 to -- about a vote that passed that I wasn't

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(518) 371-8910 1 here. 2 I would like to ask the record to 3 reflect that if I had been here in the chamber 4 for Calendar Number 1920, Senate Bill 6479A, I 5 would have voted no. 6 ACTING PRESIDENT WINNER: The 7 record will so indicate. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 2023, by Senator Morahan, Senate Print 6043B, 11 an act to amend the Public Health Law. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect April 1, 2010. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2024, Senator Rath moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 9511A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 6533A, 2 Third Reading Calendar 2024. 3 ACTING PRESIDENT WINNER: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2024, by Member of the Assembly Destito, 8 Assembly Print Number 9511A, an act to amend 9 the Education Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the 120th day. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 2025, by Senator Golden, Senate Print 6639C, 22 an act to amend the Education Law. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2028, by Senator Griffo, Senate Print 8198, an 10 act establishing a temporary state commission. 11 ACTING PRESIDENT WINNER: Read 12 the last section. 13 THE SECRETARY: Section 7. This 14 act shall take effect immediately. 15 ACTING PRESIDENT WINNER: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 2029, Senator Hannon moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 11468 and substitute it 25 for the identical Senate Bill Number 8449,

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(518) 371-8910 1 Third Reading Calendar 2029. 2 ACTING PRESIDENT WINNER: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 2029, by the Assembly Committee on Rules, 7 Assembly Print Number 11468, an act to amend 8 the Public Health Law. 9 ACTING PRESIDENT WINNER: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect one year after it shall 13 have become law. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 2030, by Senator Padavan, Senate Print 8461, 22 an act to amend the General City Law and the 23 Administrative Code of the City of New York. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect July 1, 2008. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2032, by the Senate Committee on Rules, Senate 11 Print 8523, an act to amend the General 12 Municipal Law. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the same date and in 17 the same manner as Part MM of Chapter 57 of 18 the Laws of 2008. 19 ACTING PRESIDENT WINNER: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT WINNER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2033, by the Senate Committee on Rules, Senate 2 Print 8524A, an act to amend the Labor Law. 3 ACTING PRESIDENT WINNER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the same date and in 7 the same manner as Part MM of Chapter 57 of 8 the Laws of 2008. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. Nays, 13 1. Senator Morahan recorded in the negative. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 2035, Senator Leibell moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 4262A and substitute it 20 for the identical Senate Bill Number 8566, 21 Third Reading Calendar 2035. 22 ACTING PRESIDENT WINNER: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2035, by Member of the Assembly Gianaris, 2 Assembly Print Number 4262A, an act to amend 3 the Real Property Tax Law. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 30th day. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT WINNER: The 13 bill is passed. 14 Senator Skelos, that completes the 15 noncontroversial reading of Supplemental 16 Calendar 62A. 17 SENATOR SKELOS: Thank you, 18 Mr. President. 19 If we could go to the supplemental 20 active list. 21 ACTING PRESIDENT WINNER: The 22 Secretary will read. 23 THE SECRETARY: In relation to 24 Calendar Number 1150, Senator Libous moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 1143B and substitute it 2 for the identical Senate Bill Number 1592B, 3 Third Reading Calendar 1150. 4 ACTING PRESIDENT WINNER: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1150, by Member of the Assembly Brodsky, 9 Assembly Print Number 1143B, an act to amend 10 the Environmental Conservation Law and the 11 Public Health Law. 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT WINNER: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 1802, Senator Winner moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11463 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 7490B, 2 Third Reading Calendar 1802. 3 ACTING PRESIDENT WINNER: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1802, by the Assembly Committee on Rules, 8 Assembly Print Number 11463, an act to amend 9 the Education Law. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1992, by Senator Flanagan, Senate Print -- 22 SENATOR LIZ KRUEGER: Lay it 23 aside, please. 24 SENATOR DUANE: Lay it aside, 25 please.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is laid aside. 3 Senator Skelos, that completes the 4 reading of the supplemental active list. 5 SENATOR SKELOS: If we could now 6 take up the supplemental active list, 7 controversial. 8 ACTING PRESIDENT WINNER: The 9 Secretary will ring the bell. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1992, by Senator Flanagan, Senate Print 6543A, 13 an act to amend the Election Law. 14 SENATOR DUANE: Explanation, 15 please. 16 ACTING PRESIDENT WINNER: An 17 explanation has been asked for, Senator 18 Flanagan. 19 SENATOR FLANAGAN: Thank you, 20 Mr. President. 21 Mr. President, this bill would add 22 a new section to the Election Law that would 23 require that when someone is registering to 24 vote, they have to provide proof of 25 citizenship. And that would be done by the

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(518) 371-8910 1 rules and regulations that would be 2 promulgated by the New York State Board of 3 Elections. 4 ACTING PRESIDENT WINNER: Senator 5 Dilan. 6 SENATOR DILAN: Yes, I'd like to 7 know if the sponsor would yield for some 8 questions. 9 ACTING PRESIDENT WINNER: Senator 10 Flanagan, do you yield to Senator Dilan? 11 SENATOR FLANAGAN: Yes, I do. 12 ACTING PRESIDENT WINNER: The 13 Senator yields. 14 SENATOR DILAN: Through you, sir. 15 The League of Women Voters of the 16 State of New York has indicated that in a 17 four-year period between 2002 and 2006, only 18 24 people have been convicted nationally for 19 voter fraud. 20 So I wanted to know, what is the 21 impetus for this bill? And what data do you 22 have within New York State on voter fraud? 23 SENATOR FLANAGAN: Well, the 24 impetus for the bill, in my estimation, is to 25 protect the integrity of the process. There

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(518) 371-8910 1 is probably not a day, week or month that goes 2 by that we don't see changes in technology, we 3 don't see changes in requirements for all 4 various forms of ID. 5 I see my colleague Senator 6 Fuschillo here, who's probably made a hallmark 7 in his career on working on issues like 8 identity theft. 9 We impose stringent requirements 10 for driver's license, for U.S. passports, and 11 frankly I don't think we should be doing 12 anything less when it comes to voting. 13 I think there are -- I have pages 14 and pages of stories all across the country 15 dealing with voter fraud and cases where the 16 integrity of the process has either been 17 undermined or has the potential to be 18 undermined. So I think this is an important 19 step forward. 20 SENATOR DILAN: Would the Senator 21 continue to yield. 22 ACTING PRESIDENT WINNER: Senator 23 Flanagan, do you yield to Senator Dilan? 24 SENATOR FLANAGAN: Yes, I do. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 Senator yields. 2 SENATOR DILAN: I mean, what 3 empirical data do you have in New York State 4 regarding voter fraud? 5 SENATOR FLANAGAN: Right in front 6 of me? 7 SENATOR DILAN: Yeah. 8 SENATOR FLANAGAN: I don't have 9 anything at my disposal. 10 SENATOR DILAN: Okay. Another 11 question, Mr. President. 12 ACTING PRESIDENT WINNER: Senator 13 Flanagan, do you yield? 14 SENATOR FLANAGAN: Yes, I do. 15 ACTING PRESIDENT WINNER: The 16 Senator yields. 17 SENATOR DILAN: Under this bill, 18 what would be acceptable documentation that a 19 voter would have to show to an election worker 20 in order to register? 21 SENATOR FLANAGAN: Well, in my 22 explanation, Senator Dilan, I did say that 23 acceptable forms of ID and proof would be done 24 through rules that would be promulgated by the 25 New York State Board of Elections. We leave

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(518) 371-8910 1 the discretion and the latitude to them. 2 Which is a bipartisan board, I 3 might add. 4 SENATOR DILAN: But I'm assuming 5 that -- will you continue to yield? 6 SENATOR FLANAGAN: Yes, I do. 7 SENATOR DILAN: I'm assuming that 8 adequate documentation would be a passport, to 9 prove citizenship, naturalization papers, 10 birth certificate. Is that correct? 11 SENATOR FLANAGAN: Well, I don't 12 want to make any assumptions on what the -- 13 the Board of Elections, in terms of what they 14 would do. Common sense would dictate that you 15 and I would agree on something like that. 16 Yes, I think a U.S. passport, a birth 17 certificate, naturalization papers. 18 Let me hasten to add that there are 19 approximately 20 states across the country who 20 have either enacted laws in this area or have 21 introduced legislation in this area. And 22 frankly, there is a test case, which is the 23 State of Arizona, which has actually 24 implemented legislation like this. 25 SENATOR DILAN: Will the Senator

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(518) 371-8910 1 continue to yield. 2 ACTING PRESIDENT WINNER: 3 Senator, do you yield? 4 SENATOR FLANAGAN: Yes, I do. 5 SENATOR DILAN: Let's take a 6 scenario, for example, where a woman would get 7 married, she takes on her husband's name, and 8 she goes to register to vote. How would she 9 prove -- she would not have a birth 10 certificate indicating her married name. This 11 would put a burden on her to have a passport, 12 pay for a passport, or to pay for a copy of 13 naturalization papers. This puts an extra 14 burden on a female to prove that she is a 15 citizen. 16 How do you react to that? 17 SENATOR FLANAGAN: A couple of 18 things. As I stated already, this is the type 19 of thing -- you are familiar, Senator Dilan, 20 with the rule-making process in the State of 21 New York. This is not something that the 22 State Board of Elections should just come out 23 and say, by the way, here's how it's going to 24 be done. 25 There's a public hearing period,

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(518) 371-8910 1 there's a public comment period. All of that 2 is done through the New York State Register. 3 There would be ample opportunity for people to 4 be heard in a variety of different ways. 5 That is a legitimate point that you 6 raise. I think it's one worthy of note. But 7 you could have a birth certificate, you could 8 have a marriage license. That could probably 9 be very easily rectified. 10 SENATOR DILAN: Well, I don't 11 think a marriage license proves citizenship. 12 But another question, sir. 13 ACTING PRESIDENT WINNER: Senator 14 Flanagan, do you yield? 15 SENATOR FLANAGAN: Yes, I do. 16 SENATOR DILAN: What impact would 17 this have on mail registration in New York 18 State? And how do you prove citizenship 19 through mail registration? 20 SENATOR FLANAGAN: Well, I don't 21 want to appear to be repetitive, but right now 22 you can obviously register by mail. And if we 23 added this additional requirement, that would 24 be something that would have to be 25 contemplated by the board in its

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(518) 371-8910 1 administration and its proposal regarding any 2 rules and regulations. That's something that 3 I believe that they would take into account. 4 SENATOR DILAN: One further 5 question. 6 SENATOR FLANAGAN: Yes. 7 SENATOR DILAN: Your bill does 8 not provide for any cures if a Board of 9 Elections employee makes an error and fails to 10 register a voter or if a voter does not have 11 the necessary documentation immediately 12 available. What cures are in this bill to 13 allow that voter to register? 14 SENATOR FLANAGAN: Well, actually 15 I would disagree. To suggest that the bill 16 doesn't provide any cure assumes that there's 17 to be going to be a problem. If there are 18 rules and regulations, that is exactly what 19 should be contained in the rules that will be 20 promulgated. 21 There is contemplation of issues 22 like that, and I'm sure the state board, as we 23 do now in our implementation of the Election 24 Law, someone shows up now, you have registered 25 by mail for the first time, you show up at the

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(518) 371-8910 1 poll and you don't have an acceptable form of 2 ID, you can still vote on a paper ballot. 3 So there are plenty of ways those 4 safeguards could be implemented. 5 SENATOR DILAN: Thank you. 6 On the bill. 7 ACTING PRESIDENT WINNER: Senator 8 Dilan, on the bill. 9 SENATOR DILAN: Okay, I just want 10 to indicate that I believe that this bill puts 11 an unfair burden on potential voters in 12 New York State. I think it puts an unfair 13 burden on immigrants or new citizens and 14 minority voters. I think it discourages voter 15 participation and registration. 16 And there are many advocate groups 17 that are against this bill, and I would urge 18 my colleagues to vote against the bill. 19 Thank you. 20 ACTING PRESIDENT WINNER: Senator 21 Diaz. 22 SENATOR DIAZ: Thank you, 23 Mr. President. 24 On May 16, 2008, there were 25 presidential elections in the Dominican

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(518) 371-8910 1 Republic. Yeah, a few months ago. Last 2 month. And I was invited, I was invited by 3 the Central Election Board in the Dominican 4 Republic to be one of the foreign observers of 5 the election, Mr. President. 6 And I flew there, they flew me down 7 there, and I was part of observing that the 8 elections in Santo Domingo were nice. 9 Let me tell you what I saw, ladies 10 and gentlemen. Let me tell you what I saw. I 11 saw people coming to vote. When people were 12 coming to vote, they had a table in the 13 center. The people that was to -- for them to 14 be able to come to vote, they had to show an 15 ID card. Then the president of that precinct 16 would take the ID card and would read aloud 17 the number of that ID card. Everybody else 18 would write that ID card number down. 19 The person would go -- the person 20 would be handed a ballot, he or she would go, 21 in front of everybody, behind a desk, do what 22 else they have to do, fold the ballot, and in 23 front of everybody put it in the box. 24 When the person was coming out, 25 ladies and gentlemen, when the voter was

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(518) 371-8910 1 coming out, the finger was printed with ink. 2 So in the Dominican Republic -- and 3 I was watching that election on May 16th -- in 4 the Dominican Republic the person had to show 5 an ID card. Plus they had to be fingerprinted 6 before they leave. 7 In Puerto Rico, my hometown, my 8 town, my country, they don't get 9 fingerprinted, but they have to show an ID 10 card. 11 So my question to you, ladies and 12 gentlemen, and to my colleagues is, people in 13 Santo Domingo don't complain -- and by the 14 way, I was so impressed. I saw the most 15 serious and the most honest election that I 16 have seen in my life. And everybody was happy 17 showing their ID card. Everyone was happy 18 getting fingerprinted. 19 And in Puerto Rico, in my country, 20 if people don't have the ID card, they don't 21 vote. Simple as that. Simple as that. If 22 you don't have an ID card, you don't vote. 23 So if my Puerto Rican countrymen, 24 country fellows don't complain in Puerto Rico 25 and the Dominicans don't complain in Santo

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(518) 371-8910 1 Domingo, why would they complain here? 2 So as a Puerto Rican, as a Hispanic 3 that fights for the rights of the immigrants, 4 as a Hispanic that fight for the rights of 5 immigrants, I am saying to all of you, 6 everybody that want to vote in New York and in 7 this country should get an ID card. Like they 8 do in Santo Domingo and like they do in Puerto 9 Rico. An ID with card with a picture. And 10 that would be best thing that would happen to 11 avoid any -- any other -- any problem. 12 So yes, yes, Mr. President, yes, 13 fellow members, I protect the immigrants. One 14 thing is the one thing, the other thing is the 15 other thing. Two different things. Protect 16 the right of the immigrant, but to vote, to 17 vote, people that are going to come out to 18 vote for me now in my reelection campaign, 19 show the ID card and be sure that you could 20 vote. 21 I'm for this bill. I congratulate 22 Senator Flanagan. And I'm going to support 23 this bill. In Puerto Rico they do it, in 24 Santo Domingo they do it. Why not do it in 25 the States? Thank you very much.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Serrano. 3 SENATOR SERRANO: Thank you, 4 Mr. President. Will the sponsor please yield 5 for a question. 6 ACTING PRESIDENT WINNER: Senator 7 Flanagan, do you yield for a question? 8 SENATOR FLANAGAN: Yes. 9 ACTING PRESIDENT WINNER: The 10 sponsor yields. 11 SENATOR SERRANO: Through you, 12 Mr. President. As we know in the State of 13 New York and in this nation, we have probably 14 the lowest voter advocacy of any developed 15 nation in the world, which is very 16 unfortunate. And we see so many barriers to 17 getting people more involved in the electoral 18 process, as they should, as it would make our 19 country a better place. 20 Through you, Mr. President, Senator 21 Flanagan, are you concerned that this proposal 22 will actually violate the spirit of the Voting 23 Rights Act of 1965 by putting in place 24 additional barriers to people, citizens 25 registering to vote?

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(518) 371-8910 1 SENATOR FLANAGAN: No. 2 SENATOR SERRANO: Through you, 3 Mr. President, I respectfully disagree with my 4 friend Senator Flanagan. I think that this 5 will -- 6 ACTING PRESIDENT WINNER: Senator 7 Serrano, are you asking Senator Flanagan to 8 yield? 9 SENATOR SERRANO: I will. 10 Senator Flanagan -- if the sponsor will yield. 11 ACTING PRESIDENT WINNER: 12 Senator, do you yield? 13 SENATOR FLANAGAN: Yes. 14 ACTING PRESIDENT WINNER: Thank 15 you. 16 SENATOR SERRANO: As you know, 17 those who register to vote online or in person 18 take an oath of citizenship that they sign on 19 the bottom of their application. Do you not 20 think that the word of the people of the great 21 State of New York is good enough and their 22 signature affirming that they are a citizen is 23 not good enough? 24 SENATOR FLANAGAN: Mr. President, 25 I believe that this bill only enhances the

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(518) 371-8910 1 integrity of the process. 2 SENATOR SERRANO: Okay. On the 3 bill. 4 ACTING PRESIDENT WINNER: Senator 5 Serrano, on the bill. 6 SENATOR SERRANO: I'm happy for 7 those very enlightening responses, but I would 8 have to say that I believe that this 9 legislation is misguided. 10 And when you consider that so many 11 New Yorkers are disenfranchised from the 12 electoral process, are not involved -- many 13 from very poor communities do not have all of 14 their documents at their disposal, do not have 15 them in order, many people were born in their 16 homes, do not have what would be considered 17 now to be proper birth certificates -- all of 18 these are discouragements for people to come 19 out and register to vote and to get more 20 involved in making this country a better 21 place. 22 I think it violates the spirit of 23 the Voting Rights Act of 1965. I think it 24 violates the spirit of the American way. And 25 I have a tremendous amount of trepidation when

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(518) 371-8910 1 I see a bill like this, because I believe that 2 it will disenfranchise those who can least 3 afford to be additionally disenfranchised. 4 I hope that all of my colleagues 5 join me in opposing this legislation. Thank 6 you. 7 ACTING PRESIDENT WINNER: Senator 8 Hassell-Thompson. 9 SENATOR HASSELL-THOMPSON: Thank 10 you, Mr. President. On the bill. 11 I find it very interesting, Senator 12 Flanagan, that you should choose Arizona as an 13 example. I just left Arizona this past 14 weekend, and voter registration was one of the 15 issues under discussion. 16 And interestingly enough, if 17 passed, this legislation will create a new 18 barrier to voting, potentially 19 disenfranchising millions of eligible American 20 voters. Arizona, which recently implemented 21 the proof-of-citizenship requirement after the 22 passage of Proposition 200, is a case in 23 point. 24 In the first six months of 2005, 25 more than 5,000 Arizona citizens had their

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(518) 371-8910 1 registration rejected for failing to provide 2 adequate proof of information for their proof 3 of citizenship. In Pima County, home of 4 Tucson, Arizona, 60 percent of new 5 registrants, all eligible voters, were 6 initially rejected. 7 As other states similarly implement 8 this law, the potential for disenfranchisement 9 increases exponentially. 10 Democratic elections should be open 11 to all voters. Part of the HAVA attempt is to 12 make it easier, not more difficult and create 13 barriers. 14 As we move to this new election, 15 our national elections in 2008, it is very 16 suspicious that efforts are being made to 17 curtail higher voter turnout among Democrats 18 in the coming months. New Americans have 19 historically voted Democrat. 20 I will be voting no. 21 ACTING PRESIDENT WINNER: Senator 22 Connor. 23 SENATOR CONNOR: Thank you, 24 Mr. President. 25 I've had a bit of experience with

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(518) 371-8910 1 elections over the years, and voting and voter 2 registration. And, you know, what I see going 3 on now with this bill and throughout the 4 country is rather disturbing. 5 Once upon a time in New York, as 6 some of you may know, until into the fifties, 7 you had to register for each election. There 8 was no permanent registration. Then we went 9 to permanent registration to increase the 10 franchise, the participation in the franchise. 11 And in I think it was 1976 or 1978, we adopted 12 mail voter registration, and it increased the 13 rolls significantly. 14 So we had this long-standing 15 policy, starting under Governor Rockefeller, 16 when we did permanent registration, to 17 increase voter participation, to encourage 18 everyone to register. 19 This bill will make it more 20 difficult and will discourage people. And, 21 you know, Senator Diaz pointed out something. 22 You know, in Puerto Rico they get 92 and 23 93 percent turnouts in elections. We never 24 come close to that in this state. And they 25 have to have an ID.

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(518) 371-8910 1 But what we're doing here is 2 targeted, targeted obstacles to voting. And 3 I'll explain why that is. 4 And I would support a program -- 5 and I've said this before, about Real ID and 6 whatever, we're one of the few nations that 7 doesn't have a national identity card, and I 8 don't think that's any infringement to do that 9 on anyone's civil liberties. I think you have 10 a right to privacy; you don't have a right to 11 anonymity. That's certainly true, that's not 12 a right that any country can recognize. 13 But if we were serious about voter 14 participation, adopt an identity card for 15 everyone, existing voters as well, and secure 16 your elections that way. 17 And if we were serious about it, we 18 would figure out how to prevent anyone from 19 graduating from high school without 20 registering to vote. They're either 18 by 21 then, or they're certainly within a year of 22 the next election of being 18. If they don't 23 want to vote after that, fine. But why don't 24 we do that, why don't we register everyone, 25 every senior in high school? Part of their

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(518) 371-8910 1 requirement should be to register to vote. 2 I suppose you would put in there 3 some religious objections. There are people 4 who for religious objections don't participate 5 in the electoral process. 6 Why don't we do that? And gee, we 7 have all the information we need to know about 8 them there. You know, when they go to school, 9 back before they ever dreamed of voting, 10 someone, a parent or whatever, is giving up 11 the fact that they're a citizen or not a 12 citizen or whatever. So we can control that 13 for the future. But we could ensure that 14 everybody's registered to vote. 15 Now, is fraud a problem? I have 16 been involved literally in dozens and dozens 17 and dozens of elections, and more so, for far 18 longer than I've been in the Senate. And yes, 19 twice I encountered a situation -- actually, 20 it was all in one case -- that this bill would 21 address. 22 Someone running against one of our 23 colleagues years ago who is no longer with us 24 asked me to help out. The petition was 25 voluminous, and it was obviously full of

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(518) 371-8910 1 forgeries and whatever. And we found one 2 subscribing witness who was -- he was 17, but 3 how we caught it is he registered every year 4 and advanced his birth date a year. 5 Originally he was advancing it six years. 6 He'd been petitioning since he was 12 or 13 7 and getting paid to do it. His signatures 8 were thrown out. 9 And in another case there was a 10 woman who had gotten a lot of signatures and 11 who admitted on the stand she was not a United 12 States citizen. She was advised of her 13 rights, and it was referred to the DA. 14 By the way, how did we catch her? 15 Well, she had two voter registrations in her 16 name at the same address. Varied the birth 17 date by six months. One was Republican, and 18 one was Democratic. She was also in the 19 getting-paid-to-petition business and didn't 20 want to miss any opportunities. She had 21 petitioned for Republican candidates and 22 Democratic candidates. And her signatures, of 23 course, were thrown out. 24 And it was referred to the DA. The 25 judge didn't refer the young man, they stopped

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(518) 371-8910 1 his testimony. He was 17, you know. He was 2 getting ready to go to college. But the DA 3 did nothing, because DAs get these cases and 4 they think, oh, a little bit of election 5 fraud, ha, ha. 6 And I've said this on this floor 7 before. Enforcement when you catch somebody 8 is the best deterrent. 9 Now, what would happen today if one 10 someone signed that oath and registered to 11 vote saying they're a citizen, they're 18 12 years old, and they're eligible to vote and 13 did so falsely? They'd face up to five years 14 in jail, they'd face up to a $10,000 fine. 15 And if they are not a U.S. citizen, under 16 current federal immigration law, a conviction 17 such as that would undoubtedly get them 18 deported. I think that's a huge deterrent to 19 people falsely registering. 20 And everything you do is always a 21 balancing act, isn't it? To say why trust 22 people's voluntary compliance -- come on, our 23 entire tax system depends on voluntary 24 compliance by the overwhelming majority of our 25 citizens in filing their tax returns, paying

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(518) 371-8910 1 their taxes. 2 Yes, you have people check up on 3 it. Yes, when you catch people who violate 4 it, they're in serious trouble. But we depend 5 on the fact that certainly 99 percent of our 6 residents -- not just our citizens, because 7 everybody pays taxes -- are going to comply. 8 And that's how we've structured our electoral 9 system. 10 Oh, yeah, there was a news station 11 sent a reporter around a few years ago who 12 registered five times, once in each borough, 13 under her name, and they did a little news 14 story about ha, ha, ha, the Board of Elections 15 is doing a lousy job, I got to register five 16 times. What a silly story. And the Board of 17 Elections in the city wanted to refer -- 18 referred it, actually, to the DA, who of 19 course wasn't going to go after this 20 television news reporter. 21 But sure, people who want to beat 22 the system, they can beat the tax system, they 23 can beat the electoral system. For a while, 24 until they get caught. And as you know, 25 anyone can challenge any voter when they go in

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(518) 371-8910 1 to vote, and anyone can challenge any 2 registration. And that does trigger a closer 3 investigation, and you would catch someone. 4 I just don't think there's a big 5 problem with this. Maybe a few little 6 instances; there are ways to address that. I 7 don't think the problem, a minuscule problem, 8 is deserving of a huge solution that will 9 potentially put tens of thousands of people, 10 place obstacles to their free voting. 11 And, you know, even with the ID 12 laws -- you know, oh, you have to show ID -- 13 there are people who don't have government 14 forms of ID. Particularly among poor people, 15 you don't have a job, you don't have a picture 16 ID, you don't have a bank account, you don't 17 have a lot of things that we take for granted. 18 Is that a reason we want to disenfranchise 19 someone? 20 And I call your attention to the 21 presidential primaries a few weeks back, I 22 think it was in Wisconsin. One of the states 23 where you have to have ID. Eight elderly nuns 24 were turned away from the polls. They were in 25 their 80s. They didn't have driver's

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(518) 371-8910 1 licenses. They didn't have IDs. They'd been 2 living in a convent for 50, 60 years. Don't 3 they have a right to vote, though? 4 So, I mean, as we go forward, look 5 at the people you're disenfranchising. Figure 6 out better ways to get at the few who may be 7 gaming the system. And I could give you a lot 8 of suggestions, including more enforcement 9 personnel to spot-check. 10 How do we check people's taxes? We 11 do random audits. I wouldn't object to random 12 reviews of new registrants, more thorough 13 checkups to see what you come up with, and to 14 go after people. Because if you get a couple 15 of people who are cheating, that will deter 16 anyone else who has the thought. 17 But I just don't think it's a big 18 problem. I think a bigger problem for our 19 democracy is the fact that we think a huge 20 turnout in an election in New York State is 21 52 percent or 55 percent of the people vote. 22 That's a big problem for our democracy, far 23 bigger than a handful who may be getting away 24 with voting who aren't eligible. 25 So, Mr. President, I'm going to

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(518) 371-8910 1 oppose this. I urge my colleagues, let's look 2 at a real way to deal with this. Maybe an ID 3 card for all voters, not just for new voters, 4 isn't a bad way to go. 5 It will cost money, it will cost 6 the state a lot of money to provide that. But 7 that way, you know, people like those nuns 8 could get an ID that would allow them to vote 9 and wouldn't be turned away by operation of 10 either federal law -- because federal law 11 requires new registrants to show some ID. 12 But with this law -- there are only 13 a couple of ways to prove citizenship. A 14 birth certificate, passport. You know, 15 military discharge papers don't do it. Boy, 16 we don't put any bars to noncitizens joining 17 the Army or the Marines or any other service 18 and going off to fight our wars, we're quite 19 happy to have that happen. 20 So how will mail registration 21 possibly work? We're going back on the whole 22 scheme. To show that proof, you have to go 23 into a Board of Elections office. And by the 24 way, this is after we've ended the three or 25 four open registration days that we used to

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(518) 371-8910 1 have in October as a matter of law, a hangover 2 from the annual registration requirements, and 3 then used when had you had to personally 4 appear, pre-mail ballot. 5 And we had them for a number of 6 years after that, and this Legislature said: 7 Oh, we're going to stop paying election 8 inspectors to open the polling places for 9 those four days in October. People really 10 don't have to go in in person to register to 11 vote, they can mail it in. 12 Pass this law, having eliminated 13 that -- because at least there people could go 14 in person, in their own neighborhood or in 15 their own town or village or wherever to their 16 polling place to register -- you don't have 17 that opportunity now. Now it's go off to the 18 county Board of Elections. 19 Inconvenient in New York City. In 20 many of the counties you all represent, a long 21 trip, a long, expensive trip at $4 a gallon, 22 to get to the county seat, go to the Board of 23 Elections, register to vote and present your 24 citizenship. 25 That's what you're asking. Think

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(518) 371-8910 1 about it, my upstate colleagues. Do you 2 really think you want new voters to have to go 3 to the county seat to the Board of Elections 4 on a workday? They're not open Saturday and 5 Sunday. 6 Those old -- when we had the open 7 registration days in the polling places, you 8 could go on Saturday. There were always two 9 Saturdays in there, I think two Saturdays and 10 there used to be a Wednesday and a Thursday or 11 something. You can't do that anymore. 12 So you're saying to register to 13 vote now in New York, you have to go to the 14 county Board of Elections to present this 15 proof. You can't even go to your local 16 polling place and do it. 17 So this piecemeal attack on our 18 election system I think has totally ignored 19 the fact that we eliminated the four open 20 registration days, and now they'll have to go 21 to go to the county seat. In Brooklyn it 22 means a long subway ride. In most of the 23 districts you represent, it can mean a very 24 long ride to get there between 9:00 and 5:00 25 Monday through Friday to register to vote.

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(518) 371-8910 1 So think again before you 2 disenfranchise your own residents and 3 citizens, before you disenfranchise them. 4 That's putting a big burden on their 5 registering to vote. It's not just that they 6 have to have the documentation, they have to 7 go for the Board of Elections, when it's open, 8 to register. 9 Mr. President, I urge my 10 colleagues, don't go down this path. This is 11 a very bad bill. It takes out of context one 12 feature of our election system and ignores a 13 lot of others and creates barriers that I 14 don't think were actually anticipated when 15 this bill was put in. 16 ACTING PRESIDENT GRIFFO: Senator 17 Parker. 18 SENATOR PARKER: On the bill, 19 Mr. President. 20 ACTING PRESIDENT GRIFFO: Senator 21 Parker, on the bill. 22 SENATOR PARKER: First let me 23 thank Senator Flanagan for raising this 24 important issue, because I think that all of 25 us are concerned about voter fraud. And we

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(518) 371-8910 1 certainly want to see that go away. 2 You know, I think this is the 3 right -- you know, to use Andrea 4 Stewart-Cousin's favorite expression, this is 5 the right church but the wrong pew. I think 6 that we are absolutely creating a situation 7 here, as Senator Connor has indicated, that in 8 fact disenfranchises many people across, you 9 know, across the state. 10 And unfortunately, Senator Diaz 11 left the chamber, but Senator Diaz actually 12 ought to understand a little bit about history 13 before he starts going -- pontificating on 14 things that he knows very little about. And 15 obviously the election system is one of those 16 things. 17 We are, as the United States, the 18 leader in electoral democracy. Not the 19 Dominican Republic or Puerto Rico, with all 20 due respect to those countries and their fine 21 democracies. And the reality is that they're 22 also countries that are mainly racially 23 homogeneous, for the most part. And so 24 because of that, the implementation of 25 electoral policy and election law is also

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(518) 371-8910 1 very, very different. 2 We stand here -- and part of what 3 concerns me about this, Senator Flanagan, and 4 my objections to it is not about your law and 5 your good intentions, because I know you, and 6 I know that you put this forward with the best 7 intentions. 8 The problem is going to be the 9 implementation at the board level and poll 10 site by poll site. And what you're going to 11 see and what we have historically seen is laws 12 like this used to disenfranchise primarily 13 black and Latino voters across the country. 14 And we've seen it even now, up as recently as 15 February 5th in our own elections here in 16 New York State. And it's really -- it's a 17 significant problem. It's a significant 18 problem. 19 We here in the United States, as 20 much as we are the leaders, when you look at 21 participation, we rank number 29 out of the 22 top 30 democracies in the world. Twenty-nine. 23 Here in what's supposed to be the greatest 24 democracy in the world, we don't have the 25 participation levels that we should have.

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(518) 371-8910 1 And why is that? Well, some of it 2 is about history. Some of it is, frankly, as 3 great as our democracy is, it was never 4 supposed to be a mass democracy. This was a 5 democracy that was not supposed to have Kevin 6 Parker, an African-American young man from the 7 Bushwick housing projects, representing a 8 State Senate district in Flatbush, Brooklyn. 9 Most of the people actually, you 10 know, sitting here now representing their 11 various districts, when this democracy was 12 founded, and frankly when this state was 13 founded, would not have even be able to vote, 14 let alone get elected in districts. 15 And so we have some work to do in 16 our democracy, and this bill doesn't take us 17 toward that work. What we ought to be doing 18 is making our democracy more open. 19 When you look at places that have 20 greater participation, countries that have 21 greater participation than we do -- take 22 Italy, which only became a democracy in 1976. 23 But what do they do in Italy that's different 24 than the United States? Well, every year they 25 send people around like census workers to

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(518) 371-8910 1 literally register people door by door. It's 2 very similar to what we do for the census. If 3 we were really interested in having people 4 participate, we would do that. 5 We really ought to be taking this 6 opportunity to discuss, Mr. President, how we 7 in fact change our system here in New York 8 State in order to increase participation, not 9 in fact hinder it. We ought to ask ourselves 10 some fundamental questions. Why do we have 11 elections on a Tuesday? Why not, you know -- 12 and why is it only one day? Why don't we 13 have -- why is it only 12 to 16 hours, 14 depending on what state it is? 15 We ought to look at maybe having it 16 for a couple of days, maybe having it for a 17 week, maybe doing 24 hours, maybe doing it 18 online. I mean, there's lots of things that 19 we ought to be doing to in fact expand our 20 democracy, not in fact shrink it. 21 This bill, unfortunately, although 22 the intention is good and we want to find ways 23 to root out fraud -- and so I stand with you, 24 Senator Flanagan, on that principle. But in 25 terms of the application and what we've seen

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(518) 371-8910 1 in terms of the administration of laws like 2 this, the outcomes wind up being the opposite, 3 and we wind up disenfranchising voters all 4 over our state. 5 I would like to see us eliminate 6 fraud in our electoral system, but this bill, 7 unfortunately, is not the right way to go 8 about that. 9 ACTING PRESIDENT GRIFFO: Senator 10 Krueger. 11 SENATOR LIZ KRUEGER: Thank you, 12 Mr. President. On the bill. 13 ACTING PRESIDENT GRIFFO: Senator 14 Krueger, on the bill. 15 SENATOR LIZ KRUEGER: Well, the 16 good news about this bill is it would require 17 the Board of Elections to actually propose 18 regulations as to how we would implement this. 19 I say that's good news, because I don't think 20 they could. And as I read the bill, if they 21 can't, then this couldn't be implemented. And 22 I think that's good. 23 Because I think this is a bill in 24 search of a problem. The federal data, the 25 bipartisan, under the Bush administration

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(518) 371-8910 1 federal data on voter registration fraud shows 2 that we don't have a problem. 3 Now, if this were to be 4 implemented, when I look at what the other 5 states have done, where you'd need a passport 6 that costs a hundred dollars or you'd need a 7 proof of your birth certificate, which may or 8 may not ever be available and can cost up to 9 $50, or you had to get naturalization papers 10 for your citizenship, which cost now, I think, 11 almost $250 -- but not to worry, because the 12 immigration agency will never get to you, so 13 you won't get them anyway. 14 What I see is a bill that if it was 15 implemented would, as we have seen in the 16 other states, target elderly people, the poor 17 and the disabled, who statistically are least 18 likely to be able to produce this kind of 19 document. And, on behalf of the 51 percent of 20 the population of New York who are women, 21 would disenfranchise us from our ability to 22 vote, particularly women who have taken names 23 of their husbands during marriage. 24 In fact, while I'm quite sure I'm a 25 U.S. citizen, I'm quite sure I've been a voter

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(518) 371-8910 1 in New York State literally from the minute I 2 moved to New York State in 1983, I believe 3 that I would not be eligible to vote if this 4 law was in effect. 5 My legal name on my birth 6 certificate is Elizabeth Krueger. My Social 7 Security card is under Elizabeth Krueger. 8 Everyone who knows me here knows me as Liz 9 Krueger. That is how I am registered to vote, 10 that is how I am listed on my Senate walls and 11 paper. When I became a Senator and they got 12 me paperwork to sign up as a state senator and 13 got me stationery -- I'm sure we all have 14 stationery, even placards for our offices -- 15 it all said "Liz Krueger." 16 And then I got a contact call from 17 personnel, after about a year, saying: 18 "Social Security and the IRS have a problem. 19 Someone is fraudulently using your Social 20 Security number under the name Elizabeth 21 Krueger, and they live at the same address and 22 have the same birth date. There's a problem." 23 And I had to go explain that 24 perhaps it was shocking to various federal 25 government agencies, but that "Liz" was a

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(518) 371-8910 1 relatively well-known short nickname for 2 Elizabeth. Poor Pete Grannis when he was 3 here -- his name was Alexander B. Grannis, and 4 he went under "Pete." I was just "Liz," 5 usually understood as short for Elizabeth. 6 Now, to add to the complications, 7 if I had to produce my passport, and happily I 8 have one, my passport is in the name Elizabeth 9 Krueger-Seley, my husband's last name. 10 Because when I got married, we were going to a 11 Muslim country, Morocco, for our honeymoon, 12 and I was advised that if I didn't have the 13 same name on my passport as my husband, even 14 though we were newlyweds we would not be 15 allowed to stay in the same hotel room. So I 16 made sure that my passport had my husband's 17 name. 18 Then when I went to get a renewed 19 driver's license and they asked me for my ID, 20 I pulled out my passport; again, Elizabeth 21 Krueger-Seley. So my driver's license is 22 Elizabeth Krueger-Seley. 23 So my birth certificate is one 24 name, my Social Security card is another name, 25 my passport is another name, my motor vehicle

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(518) 371-8910 1 ID is another name, and I'm known here as 2 another name. Which is the name I'm 3 registered to vote as. 4 So I have to say I don't think my 5 story is that complicated. Most of the women 6 I know who have been married, and particularly 7 who have been married who are above a certain 8 age, have taken their husband's name. We 9 won't even get into the complications of 10 supposed you got divorced and remarried and 11 changed names again. 12 So if I'm worried that I wouldn't 13 be able to vote under this law, I'm very 14 worried for the hundreds of thousands of women 15 who I believe would find themselves in the 16 same position. 17 And again, when we look at the data 18 from around the country, the poorer you are, 19 the more likely you are to have this problem. 20 The more disabled you are, the more likely you 21 are to have this problem. And the more 22 elderly you are, the more likely you are to 23 have this problem. 24 My colleague Ruth Hassell-Thompson 25 already raised the findings in Arizona. I'll

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(518) 371-8910 1 just reference one newspaper story -- 2 actually, it was a TV news story -- from 3 June '08: "Woman, 97, Battles Voter ID Law." 4 From Arizona. She's a legal American, she was 5 born and raised in America. She's been voting 6 since 1932. And yet under the Arizona law, 7 she was rejected for a voter ID because she 8 doesn't a passport, she doesn't have a birth 9 certificate. And she reports that since she 10 was born in 1910, before birth certificates 11 were issued, she can't get one. 12 So again, on behalf of women, we 13 don't want this law. On behalf of elderly 14 people, we don't want this law. On behalf of 15 poor people, we don't want this law. On 16 behalf of disabled people, we don't want this 17 law. 18 The really good news is even if we 19 got this law, we wouldn't have a way to 20 implement it. 21 And best of all, we don't have a 22 problem we need to fix, because we don't have 23 a voter registration fraud problem in our 24 state or in our country. 25 I'll be voting no. Thank you,

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(518) 371-8910 1 Mr. President. 2 ACTING PRESIDENT GRIFFO: Thank 3 you, Senator Krueger. 4 Senator Stavisky. 5 SENATOR STAVISKY: Thank you. 6 I guess, Senator Krueger, I'm 7 fortunate to have a very short name. But we 8 had nothing to do with that. 9 Mr. President, if the sponsor would 10 yield, I have a couple of questions. 11 ACTING PRESIDENT GRIFFO: Senator 12 Flanagan, do you yield for a couple of 13 questions? 14 SENATOR FLANAGAN: Yes, I do. 15 ACTING PRESIDENT GRIFFO: Senator 16 Stavisky. 17 SENATOR STAVISKY: Both Senator 18 Connor and Senator Krueger have alluded to the 19 fact that voter fraud doesn't seem to be a 20 major problem. Can you tell us any statistics 21 in New York State on people who either have 22 been indicted or convicted on voter fraud 23 issues? 24 SENATOR FLANAGAN: Senator Dilan 25 had asked me this question before, and I

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(518) 371-8910 1 probably should have given a little bit more 2 detail. 3 Do I have anything specifically 4 from the State Board of Elections? No. But 5 I'll just read you one thing that is, to the 6 extent that it can be, independent, and that 7 was in 2006 an investigation by the 8 Poughkeepsie Journal. 9 And one of the findings that they 10 had come up with was that there were at least 11 2600 people who had cast votes that were dead. 12 Now, I don't know if you might consider that 13 fraud, but I consider that fraud. 14 SENATOR STAVISKY: It depends on 15 when they died. 16 (Laughter.) 17 SENATOR FLANAGAN: So there's 18 just one. And it's laid out, by the way. 19 And to Senator Hassell-Thompson's 20 point, while it's not in her district, the 21 overwhelming majority of those facts emanate 22 from the City of New York. 23 ACTING PRESIDENT GRIFFO: Senator 24 Stavisky. 25 SENATOR ONORATO: Did they show a

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(518) 371-8910 1 death certificate? 2 SENATOR STAVISKY: My colleague 3 said that -- no, I'm not going to ask that 4 question. And I'm not going to ask whether 5 there was a challenge to any of the 6 legislative races based upon the alleged 7 suspicions of fraud. 8 Let me ask you another question, 9 then. 10 SENATOR FLANAGAN: Sure. 11 SENATOR STAVISKY: From what I 12 understand, it is relatively rare for 13 instances of voter fraud to occur when they 14 vote. But there are instances before they 15 vote, when they register to vote. And it 16 seems to me that that is an area of concern. 17 When they register to vote, what do 18 they have to show in order to become a 19 registered voter? 20 SENATOR FLANAGAN: Well, 21 actually, right now you can register in a 22 couple of different ways. You can certainly 23 register in person at the Board of Elections. 24 You can register by mail. And if you look at 25 it in terms of convenience and things that

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(518) 371-8910 1 have changed, going back to observations made 2 by Senator Connor from 1976, we now have mail 3 registration, which has really helped spur 4 voter registration. 5 So that's probably -- I don't know 6 if I have this a hundred percent correct, but 7 probably the most convenient and most 8 frequently used form of registration is by 9 mail. 10 SENATOR STAVISKY: Don't they 11 have to show -- 12 ACTING PRESIDENT GRIFFO: Senator 13 Stavisky, are you asking Senator Flanagan to 14 continue to yield? 15 SENATOR STAVISKY: I'm sorry, one 16 other question. 17 ACTING PRESIDENT GRIFFO: Senator 18 Flanagan, will you continue to yield? 19 SENATOR FLANAGAN: Yes, I'm 20 sorry, I do yield. 21 ACTING PRESIDENT GRIFFO: Senator 22 Stavisky. 23 SENATOR STAVISKY: Don't they 24 take an oath that they are a citizen when they 25 register to vote?

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(518) 371-8910 1 SENATOR FLANAGAN: Yes. 2 SENATOR STAVISKY: So aren't 3 we -- one follow-up question, then. 4 ACTING PRESIDENT GRIFFO: Senator 5 Flanagan, do you yield? 6 SENATOR FLANAGAN: Yes. 7 ACTING PRESIDENT GRIFFO: Senator 8 Stavisky. 9 SENATOR STAVISKY: So doesn't 10 that resolve the issue of voter fraud 11 potential, when they register, they take an 12 oath that they are a citizen? 13 SENATOR FLANAGAN: In my 14 estimation, no. I'd like to see something 15 else. And we can respectfully disagree and 16 have a difference of opinion on something like 17 this. 18 Right now, if you register by mail, 19 there is no check. Now, if you're a 20 first-time voter and you register by mail and 21 you show up at the poll, you have to show some 22 form of ID. And going back to what Senator 23 Connor offered, I would gladly, gladly support 24 what he was talking about in terms of voter ID 25 or a universal ID card.

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(518) 371-8910 1 But, ladies and gentlemen, I sat 2 and spent hours and hours -- Senator Dilan was 3 there -- working on issues involving HAVA. 4 Quite candidly, it was the Democrats who 5 didn't want to go anywhere near that, didn't 6 want to have any identification, any proof 7 offered whatsoever. We very clearly wanted to 8 have much more stringent requirements, but 9 quite frankly it was the Democrats who didn't 10 want to have anything to do with it, in any 11 way, shape or form. 12 SENATOR STAVISKY: Well, I think 13 this is not a Democrat/Republican issue but 14 more an issue of enforcing our laws. 15 Thank you, Senator. On the bill. 16 ACTING PRESIDENT GRIFFO: Senator 17 Stavisky, on the bill. 18 SENATOR STAVISKY: Very briefly, 19 I represent a district in Flushing, and 20 several years ago we did have an instance of 21 voter fraud in the registration process. What 22 happened -- and Senator Connor was not 23 involved in this. But what happened was there 24 was an instance where people registered to 25 vote from a studio apartment, and there were

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(518) 371-8910 1 15 or so people registered to vote from a 2 studio apartment in Flushing. There were 3 other individuals who registered to vote from 4 industrial areas in Flushing. One in 5 particular, I think, was a bookstore, if I'm 6 not mistaken. 7 They were caught. The case was 8 referred to the Queens district attorney, 9 people were subpoenaed, and I believe there 10 was a plea bargain entered into and the case 11 was eventually resolved. 12 This is what troubles me. It's the 13 potential for fraud at the registration level. 14 I see people on the street registering voters 15 without asking for identification. That 16 troubles me. I understand that this occurred 17 several days ago, somebody gave me a call and 18 told me that there were instances of people 19 registering voters on the street and not 20 asking, just signing them up without 21 identification. 22 I find that troubling. But 23 unfortunately, I don't see how this 24 legislation is going to remedy it. 25 I think we all want to encourage

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(518) 371-8910 1 voter participation, and I am going to vote 2 against this bill. Thank you. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Stavisky. 5 Senator Sabini. 6 SENATOR SABINI: Thank you, 7 Mr. President. On the bill. 8 ACTING PRESIDENT GRIFFO: Senator 9 Sabini, on the bill. 10 SENATOR SABINI: I understand the 11 sponsor's sincerity in trying to make sure we 12 have some surety in the results of our 13 elections. 14 But I think in proposing this bill 15 and moving forward with it, statistically, 16 whether we like it or not, lots of groups of 17 people who would be adversely affected: the 18 elderly, African-Americans, immigrants, people 19 with disabilities, poor people. Many of the 20 types of people that are represented in 21 districts like mine. 22 And we've heard a lot of the 23 arguments already, but one of the other things 24 that troubles me here is to allow the State 25 Board of Elections to make this determination.

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(518) 371-8910 1 There's no appropriation for them to buy any 2 equipment or hire any personnel to do this 3 vetting process, to check encryptions. All of 4 these new IDs now have encryptions. We went 5 through that with driver's license debate. 6 So there's no money there. But 7 also the State Board of Elections, in recent 8 years, has been, frankly, at a full-time 9 stalemate. They can't seem to get anything 10 done because of the partisan nature of the 11 board. 12 I remember when we were in the HAVA 13 conference committee with Senator Morahan and 14 others from the Assembly and this body, we had 15 a hard time coming up with a common ground on 16 what kind of IDs we would want to show to 17 demonstrate citizenship. People from upstate 18 wanted to use fishing licenses, and people 19 from downstate wanted to use senior Metro 20 cards, and each side that was not from that 21 area questioned the veracity of either. 22 So I think this just brings up more 23 problems than it solves. I think New York has 24 been behind the curve in voter participation. 25 Sometimes it's even folks in my party who are

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(518) 371-8910 1 behind the curve in increasing participation. 2 I laugh when I hear people complain 3 about mail-in votes, it's not a real vote. 4 Well, in other states, places like Oregon, 5 California, Nevada, State of Washington, 6 people are clamoring to do mail-in votes. In 7 some cases they're doing only mail-in votes. 8 And it increases participation. 9 So I'd like to find ways that we 10 can have sound results in our elections that 11 we can trust. And I understand that's what 12 the sponsor wants to do here, but I also want 13 to make sure we have the maximum 14 participation. And so therefore I'll be 15 voting in the negative. 16 Thank you, Mr. President. 17 ACTING PRESIDENT GRIFFO: Senator 18 Schneiderman. 19 SENATOR SCHNEIDERMAN: Thank you, 20 Mr. President. Very briefly. 21 This has been an interesting and I 22 hope educational discussion on this issue. 23 But I just want to underline what to me is the 24 most troubling thing about this bill. It 25 simply changes the law which currently

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(518) 371-8910 1 requires that you must be -- you can't 2 register unless you are a citizen. Senator 3 Flanagan's bill would change it to say unless 4 he or she provides proof of citizenship. 5 Now, that may seem to be a small 6 change, but I think it's tremendously 7 important because there are two great 8 traditions in the United States -- and I don't 9 mean great in the sense of good, there are two 10 long-standing traditions in the United States 11 regarding voting. 12 There is a tradition which has been 13 bipartisan, multigenerational, of people who 14 seek to suppress the vote. And it goes back 15 to what used to be called disability laws, the 16 disability laws that initially -- when this 17 republic was founded, if you could not prove 18 you were a Christian, you could not vote. The 19 disability laws on Jews were only relieved in 20 the mid-19th century. 21 The poll tax was a law to prevent 22 people from voting. Interestingly enough, in 23 Ohio they have a law that allows challenges to 24 voters, and the law is an amendment of a law 25 that existed in the Civil War era that

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(518) 371-8910 1 originally read -- the challenges were allowed 2 to, quote, those with a distinct and visible 3 admixture of African blood. 4 So that is a tradition in the 5 United States, making it harder for people to 6 vote. And it generally has been directed at 7 people who are different than the mainstream, 8 at people who may have views of how the 9 government should work that are out of sync 10 with the mainstream, poorer people, 11 immigrants, African-Americans. 12 And I'm afraid that this bill seems 13 to be closer to that tradition than to the 14 other tradition that I hope that we in this 15 house aspire to be a part of, which is the 16 tradition of expanding the franchise, of the 17 suffragist movement, of the Voting Rights Act, 18 of HAVA, of the Motor-Voter Law. There are 19 people who view it in all of our self-interest 20 to expand voter participation. 21 It is absolutely clear to me that 22 changing this requirement only imposes a 23 disability to the millions of New Yorkers who 24 do not have a birth certificate or a passport. 25 Let's not kid around and say the Board of

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(518) 371-8910 1 Elections can come up with some clever 2 solution. There's virtually no way to prove 3 you're a citizen. You have a birth 4 certificate, you have a passport. Lots of 5 people don't. And overwhelmingly the people 6 who do not have them are poorer, they are 7 older, they are African-American. 8 So this is something that quite 9 honestly would make -- again, Senator Flanagan 10 is referring to the Board of Elections, which 11 as several people here have pointed out is not 12 really the most adept and able agency at 13 responding to stressful situations or coming 14 up with creative solutions. This would 15 require people really to go in person to a 16 Board of Elections. It's a tremendous burden, 17 frankly, mostly to my upstate colleagues, 18 where the distances are greater. 19 But it does bother me that we will 20 pass in this house a bill that falls into this 21 unfortunate tradition of disabilities, of 22 restrictions, and of making it more difficult 23 for the poorer, for the elderly, for 24 African-Americans and others to vote. 25 We have seen challenges to voters

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(518) 371-8910 1 in this state. There are illegal challenges 2 to voters all the time at polling places in 3 New York. I was present at Andrea 4 Stewart-Cousin's election, where there were 5 lots of illegal challenges to African-American 6 and Latino voters. That's not legal, but it's 7 done. 8 Let's be cognizant of the whole 9 picture: This is a bill that would it harder 10 for people to vote. Let's ensure that 11 citizens are the only ones to vote without 12 imposing a disability. I urge everyone to 13 vote no, Mr. President. 14 ACTING PRESIDENT GRIFFO: Senator 15 Stewart-Cousins. 16 SENATOR STEWART-COUSINS: Thank 17 you, Mr. President. 18 I guess, as Senator Schneiderman 19 alluded to, I've certainly had my experience 20 of election and people being challenged. 21 But if the sponsor would yield for 22 a question. 23 ACTING PRESIDENT GRIFFO: Senator 24 Flanagan, will you yield for a question? 25 SENATOR FLANAGAN: Yes.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Stewart-Cousins. 3 SENATOR STEWART-COUSINS: Thank 4 you, Senator. I was just curious about the 5 reference that you had brought up about the 6 Poughkeepsie Journal and the people who were 7 deceased who were voting. 8 SENATOR FLANAGAN: Yeah. 9 SENATOR STEWART-COUSINS: I was 10 just curious. In other words, people who were 11 living used the name of the deceased in order 12 to vote? Is that it? Is that what happened? 13 SENATOR FLANAGAN: I believe that 14 would be about the only way you could get the 15 vote cast. 16 SENATOR STEWART-COUSINS: Okay. 17 No, because -- if the sponsor could continue 18 to yield. 19 ACTING PRESIDENT GRIFFO: Senator 20 Flanagan, do you continue to yield? 21 SENATOR FLANAGAN: Yes. 22 ACTING PRESIDENT GRIFFO: Senator 23 Stewart-Cousins. 24 SENATOR STEWART-COUSINS: I was 25 just wondering, as you made that reference,

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(518) 371-8910 1 whether or not the bill that you have in front 2 of us addressed that particular problem. 3 SENATOR FLANAGAN: No. But the 4 comments that I made were in response to an 5 inquiry about voter fraud in the State of 6 New York. So I don't know that that -- you 7 probably couldn't ask for a clearer example of 8 voter fraud. 9 Did it address the question of 10 citizenship? No. But the question was not 11 about that, it was about voter fraud. 12 SENATOR STEWART-COUSINS: Well, I 13 think that -- 14 ACTING PRESIDENT GRIFFO: Senator 15 Stewart-Cousins, are you on the bill? 16 SENATOR STEWART-COUSINS: I'm on 17 the bill. 18 ACTING PRESIDENT GRIFFO: Senator 19 Stewart-Cousins, on the bill. 20 SENATOR STEWART-COUSINS: Clearly 21 I asked that question because, when we talk 22 about voter fraud and when we look at the 23 national instances, certainly in the cases of 24 the two very contentious elections that I was 25 involved in, there were allegations of voter

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(518) 371-8910 1 fraud back and forth. And certainly there was 2 no substantiation of those claims. 3 However, as Senator Schneiderman 4 said, there were clearly a lot of challenges 5 to voters as they attempted to vote, legal 6 voters as they attempted to vote. In fact, 7 when I came here I offered several pieces of 8 legislation that dealt with people being 9 denied the right to vote. 10 So I would certainly stand in this 11 chamber with my colleagues who are looking to 12 reduce barriers to vote, not to create new 13 barriers. 14 In the case of my parents, if this 15 type of legislation were enacted, my mother 16 could never have voted for probably the first 17 65 years of her life, where she had never 18 traveled out of the country and, although 19 certainly a citizen since birth, living here 20 in New York, had no driver's license because 21 she didn't drive. She assumed the name of her 22 husband, as women of her generation did. And 23 she would not have been qualified to vote. 24 My father, a decorated war hero 25 who's won the Bronze Star, Purple Heart, a

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(518) 371-8910 1 veteran, disabled, in a nursing home, maybe he 2 could pull his papers together, but chances 3 are he's not going to go to the Board of 4 Elections to approve his citizenship. 5 This is a barrier. And as we are 6 in this extremely exciting part where maybe 7 the amount of participation in our elections 8 will rise high above the 50 percent of real 9 citizens voting to determine the course of 10 their nation, I think that we should stand 11 with creating more access, not less. 12 ACTING PRESIDENT GRIFFO: Is 13 there any other Senator wishing to be heard? 14 Senator Connor. 15 SENATOR CONNOR: Thank you, 16 Mr. President. 17 I couldn't help but think the 18 example of 2,000 dead people voting indicates 19 a different kind of fraud. It's not voters 20 lying on their registration forms, obviously. 21 It's someone calculating and running a racket, 22 and it's negligence by the Board of Elections 23 in not taking the certificates they get from 24 the Department of Health and cancelling 25 registrations.

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(518) 371-8910 1 And I don't know, if you want to 2 put a bill in saying dead people have to show 3 their death certificate in order to vote, I -- 4 it doesn't make any sense to me. 5 But the real problem with this bill 6 is, you know, as Senator Flanagan said, oh, 7 most people register by mail, and it's 8 convenient. This bill doesn't say in order to 9 vote, in order to vote you must show the proof 10 of citizenship. You know, federal law says 11 new voters, in order to vote for the first 12 time, must show identification. This bill 13 says in order to be registered to vote, you 14 must give the proof of age and citizenship. 15 And there's no way you're going to 16 do that by mail. There's no way. No one is 17 sending their original birth certificate or 18 their passport through the mail to the Board 19 of Elections. That would be foolish. 20 And it also raises a question, as 21 you look at what Motor Vehicles is doing with 22 the new ID requirements, county clerks' 23 employees or Motor Vehicle employees have to 24 be specially trained to authenticate 25 documents. I do not think our Boards of

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(518) 371-8910 1 Elections have that sort of trained personnel 2 to know whether they were being shown a fake 3 one or not. 4 But if you do away with the mail 5 registration, the efficacy of mail 6 registration, then you are left with having to 7 personally appear at the Board of Elections 8 with your documentation. And that is a huge 9 burden, more so upstate than in the City of 10 New York. A huge burden. 11 Monday through Friday, 9:00 to 12 5:00, go to the county seat at the Board of 13 Elections in order to register to vote. The 14 negative impact is actually going to be 15 greater, I think, on most of the 16 constituencies represented by my Republican 17 colleagues here. 18 But you really -- they're not 19 registered to vote until they show that 20 documentation. That's my problem with this. 21 You know, to say, oh, they sign an oath as if 22 that's nothing -- anyone appearing at a 23 polling place and identifying themselves, 24 without identity, anybody who walks in and 25 says "I'm John Smith at that address, that's

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(518) 371-8910 1 me in the book," and someone challenges them 2 and says "No, you're not John Smith," has a 3 right to vote as long as they sign the 4 challenge oath. 5 We use an oath at the polling 6 place, we use an oath at registration to 7 qualify people to vote. Obviously, if they're 8 lying, the penalties for perjury are large and 9 should be imposed. This bill takes us out of 10 that system. You still, when you're 11 challenged at a polling place, can vote on the 12 machine as long as you sign an oath. 13 But the real problem here is you're 14 not registered -- it's not like in order to 15 vote the first time you have to show this. 16 You're not registered until you show to 17 documentation, and you're not going to be able 18 to show this documentation unless you go to 19 the County Board of Elections. 20 And when you talk about NVRA, the 21 National Voter Registration Act, so-called 22 Motor Voter, which we have implemented, when 23 you go to certain state agencies -- Motor 24 Vehicles, actually, public assistance offices 25 and so on -- you're given an opportunity to

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(518) 371-8910 1 check a box, and you're automatically 2 registered to vote. 3 This bill, implementing this bill, 4 would vitiate the NVRA, which is federal law. 5 Because when you go to a lot of these offices, 6 you don't necessarily have to have this proof 7 of citizenship with you to get the 8 governmental service you're getting. And 9 federal law says, Well, if you're not 10 registered, you're automatically registered 11 when you go there and do the paperwork there. 12 So this bill just doesn't fit into 13 our whole scheme of election law, and it 14 imposes an enormous burden on people who want 15 to register, particularly people in upstate 16 and rural counties. 17 So, Mr. President, I again urge 18 everyone, vote no. 19 ACTING PRESIDENT GRIFFO: Is 20 there any other Senator wishing to be heard? 21 I call on Senator Flanagan, then, 22 to close debate. 23 SENATOR FLANAGAN: Thank you, 24 Mr. President. 25 I appreciate the sincerity of the

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(518) 371-8910 1 comments from my colleagues. I just want to 2 offer a few of my own observations. 3 I listened to a lot of things that 4 I don't think this bill is, because I actually 5 think this bill is quite simple. It basically 6 says that you have to provide proof of 7 citizenship. Now, we can have a philosophical 8 disagreement, people may not want to hear 9 this. But in my interpretation -- I listened 10 to the comments -- this is not about 11 disenfranchising the women, this is not about 12 disenfranchising the elderly, this is not 13 about disenfranchising minorities. 14 And in the State of New York -- and 15 we will have a difference of opinion on that, 16 because I know how I approach things. And if 17 I look in the State of New York, I'm probably 18 no different than many of you. Every single 19 time I go to a school, every single time I go 20 and talk to kids, the thing I tell them: You 21 can forget everything else I say; when you 22 turn 18, register to vote and vote. It's such 23 an unbelievable right and privilege that we 24 have, and it's a shame that more people don't 25 exercise it.

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(518) 371-8910 1 But I'll just talk about New York 2 State for a second. Within the State of 3 New York, I represent a district where in the 4 last presidential election, turnout was about 5 80 percent. I don't have an electoral problem 6 in my area. We have problems within the State 7 of New York where people do, and some of our 8 colleagues in this house and the other get 9 elected with 10, 12, maybe 15 percent of the 10 eligible electorate getting out and voting. 11 People talked about voter fraud. I 12 believe that if you look at HAVA, after the 13 National Voter Registration Act, HAVA came 14 about because people were concerned about the 15 integrity of the process and people were 16 concerned about fraud. There have obviously 17 been court cases and years of legislation and 18 hearings and all kind of issues at the federal 19 level, and it's played out at the state level 20 as well. 21 I have stories and stories and 22 stories here. I try, when I prepare for 23 something like this, to be at least well-read 24 on what the subject matter is. There are 25 cases all across the country where there's

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(518) 371-8910 1 clear instances of voter fraud. 2 Now, if you look to Arizona -- and 3 some people don't want to hear about Arizona. 4 But, ladies and gentlemen, that's a state 5 where this law has actually been enacted. 6 There have been no burdens. There have been 7 no impediments. And there have been two court 8 cases at the district court level, at the 9 federal level, and at the Court of Appeals, 10 which have not only said it's not a violation 11 of the National Voter Registration Act, but 12 they have found no statistical evidence and no 13 anecdotal evidence of any kind suggesting that 14 there are impediments being created by a law 15 like this. 16 Now, do I think our State Board of 17 Elections works perfectly? Absolutely not. 18 Do I think they can come up with rules and 19 regulations? Yes, I do. 20 Am I worried that people are now 21 going to have to forget mail-in registration? 22 No. I think we can work that out. I think a 23 system could be set up so that all you have to 24 do is show that you are actually a citizen. 25 I want to do that, and I hope all

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(518) 371-8910 1 of you want to do that, because I want to 2 protect my vote by making sure that someone 3 who should not be voting doesn't have that 4 right or, rather, doesn't have that 5 opportunity. Because if they're not a 6 citizen, they don't have that right anyway. 7 I will work in good faith with any 8 of my colleagues to help increase electoral 9 participation. But this is not about 10 disenfranchising people, this is about 11 enhancing the integrity of the process and 12 taking something that works and trying to make 13 it better. 14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Debate 16 is closed. The Secretary will ring the bell. 17 The Secretary will read the last 18 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 ACTING PRESIDENT GRIFFO: Senator 25 Hassell-Thompson, to explain her vote.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Thank 2 you, Mr. President. 3 Mr. President, I have already 4 stated that I will be voting no, and I want to 5 reaffirm that. Nothing that has been 6 discussed since that convinces me perhaps that 7 my view of this bill was obscured. 8 To the contrary, I think that 9 Senator Flanagan has asked us -- has said that 10 he sees no impediments, and yet the very state 11 that he quoted indicated the impediments to 12 more than 5,000 eligible voters. That's just 13 a microcosm of what happens and can happen in 14 the State of New York with the numbers of 15 different ethnic groups that we find in this 16 state alone. 17 So I will be voting no, and I just 18 encourage every right-thinking Senator in here 19 to vote along with me in voting down this 20 bill. Because even though this may not be the 21 intent, the outcomes will in fact be the same. 22 Thank you, Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Hassell-Thompson to be recorded in the 25 negative.

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(518) 371-8910 1 Senator Nozzolio, to explain his 2 vote. 3 SENATOR NOZZOLIO: Mr. President, 4 can I have some order, please. 5 ACTING PRESIDENT GRIFFO: Can we 6 have some order, please. Thank you. 7 SENATOR NOZZOLIO: Thank you, 8 Mr. President. 9 Mr. President and my colleagues, we 10 are voting on a concept that's fundamental, 11 that you have to be a citizen to have the 12 right to vote in America. 13 I find it ironic that there are so 14 many people who are not supporting this 15 measure. But maybe the irony is not that 16 great when you realize that the Minority 17 Leader of this house supports legislation that 18 provides those who are here as aliens, albeit 19 legally, the right to vote. 20 Let me state that again. The 21 Minority Leader and a number of members on 22 that side of the aisle support legislation 23 that allows those who are not citizens in 24 New York State the right to vote in state, 25 local, and national elections.

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(518) 371-8910 1 My grandmother came to this country 2 from Italy. She became a United States 3 citizen, one of the proudest days of her life. 4 And I think certainly the second proudest day 5 of her life in terms of civics and government 6 was the day that she took those citizenship 7 papers and registered her right to vote as a 8 new citizen of this United States of America. 9 That right is a sacred right. It's 10 a right that many fought and died for. It's a 11 right that we believe strongly that citizens 12 of this country have and that it is one we 13 honor. 14 My grandmother was proud to 15 demonstrate to all that she was a citizen of 16 the United States. That's what Senator 17 Flanagan's bill does: Only show that you are 18 a citizen of this country, and you of course 19 have the right to vote. 20 That is why, Mr. President, I know 21 the true spirit of this nation is in its 22 strong citizenry and those who wish to 23 exercise their right and should be proud of 24 their right and proud of their citizenship. 25 That's why it makes sense,

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(518) 371-8910 1 Mr. President, to establish this legislation. 2 And I vote aye. 3 ACTING PRESIDENT GRIFFO: Senator 4 Nozzolio to be recorded in the affirmative. 5 Senator Parker, to explain his 6 vote. 7 SENATOR PARKER: Mr. President, 8 to explain my vote. 9 One, let me again just say thank 10 you to Senator Flanagan for bringing this 11 legislation and encouraging this debate on 12 this important issue. Again, I think that 13 he's right, that this bill does not in fact 14 disenfranchise people per se. 15 The problem is going to be how this 16 bill is executed on the local level. And, you 17 know, the bill, you're right, doesn't do all 18 that. But when you look at how it's going to 19 get executed, people need to understand the 20 entire public policy process. 21 We in fact here up in Albany, in 22 our ivory tower, legislate lots of things, but 23 when it gets implemented, the unintended 24 outcomes will in fact disenfranchise women, 25 disenfranchise African-Americans,

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(518) 371-8910 1 disenfranchise Latinos. And this is something 2 that we frankly cannot afford. 3 As I listen to our conversations 4 about immigrants, you know, once again I feel 5 another strain of the Mayflower syndrome 6 coming on and people are just not 7 understanding on what this country was 8 founded. Most of the people here couldn't 9 even vote when this country was founded. This 10 country wasn't founded by the immigrant groups 11 that are represented here. And I'm not just 12 talking about Caribbean or Asian or whatever, 13 I'm talking about people who are Italian and 14 Irish couldn't vote. You didn't have the 15 right. Most of our ancestors didn't even own 16 property enough to have an opportunity to get 17 elected, let alone vote. 18 So we are in the process here of 19 perfecting our democracy. And this bill 20 doesn't do that. We ought to be opening up 21 our democracy more and more to new groups of 22 people who are coming here because we call 23 ourselves the greatest democracy. And being 24 the greatest democracy means your 25 responsibility to open up and let people

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(518) 371-8910 1 decide. This is a country, a state, and I 2 live in a city and a borough of immigrants. 3 And how dare we not give them an opportunity 4 to participate in the process. 5 And you're darn right, I support a 6 policy that would allow immigrants on a local 7 level to vote for things like City Council and 8 mayor and school board, because this country 9 is founded, Mr. President, on the idea of no 10 taxation without representation. And that's 11 exactly what we're doing now. We have bills 12 and our federal policy says come, work, pay 13 taxes, but don't participate in the political 14 process which governs your day-to-day life. 15 It's unfair, and it's un-American, 16 and that's why I'm voting no on this bill. 17 ACTING PRESIDENT GRIFFO: Senator 18 Parker to be recorded in the negative. 19 Senator Diaz, to explain his vote. 20 SENATOR DIAZ: Yes. Yes, 21 Mr. President. 22 Again, I'm going to repeat myself. 23 I went to Santo Domingo to observe the 24 election there, invited by the Dominican 25 Central Board of Election. And people there

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(518) 371-8910 1 to vote, they had to get an ID card and they 2 had to present proof -- to get the ID card, 3 they had to present proof of citizenship so 4 they could get the ID card. Also in Puerto 5 Rico, where I come from, people have to 6 present proof of citizenship. 7 So this is not being a Democrat, 8 this is not being a Republican. This is 9 saying that people in the State of New York, 10 to be able to vote, the law says, the law says 11 they have to be U.S. citizens. Not until we 12 change the law, not until we change the law 13 then we're going to allow anything else. 14 I'm also representing a community 15 full of immigrants. But I don't want to come 16 here because I represent a community full of 17 immigrants and I'm going to say that I'm 18 voting against this bill because it's 19 anti-immigrant. This bill is not 20 anti-immigrant, this bill is pro-law. 21 The law says, the law says to be 22 able to vote in America, in the United States, 23 in New York, you have to be an American 24 citizen. So that means that to be able to 25 register to vote, you have to present proof

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(518) 371-8910 1 that you are an American citizen simple as 2 that. Simple as that. 3 So I represent immigrants. I'm a 4 Puerto Rican, I'm Hispanic. But I don't want 5 to vote against this bill because I want 6 immigrants to vote. Yes, I want immigrants to 7 vote. I want everyone with the regular visa, 8 not the American -- the green card to vote. 9 But that's a different law. Let's pass a law 10 authorizing them to vote, and then they can 11 vote. 12 Meanwhile, meanwhile, anyone -- 13 until that time comes, every person that would 14 like to vote in America has to be a U.S. 15 citizen. I don't like it. I want other 16 people to vote so that I could keep in power. 17 That's the law. So that's why I'm voting for 18 this bill. Not because I'm anti-anybody. As 19 one of my colleagues said, move to that side, 20 move to that Republican side. Oh, to protect 21 the law I have to be Republican? So I cannot 22 be a Democrat to protect the law? So I'm a 23 Democrat, I don't protect the law? So I have 24 to move to the other side and vote Republican 25 so I could protect the law?

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(518) 371-8910 1 UNIDENTIFIED REPUBLICAN SENATOR: 2 Yes. 3 (Laughter.) 4 SENATOR DIAZ: How ridiculous is 5 that? 6 ACTING PRESIDENT GRIFFO: Senator 7 Diaz, how do you vote? 8 SENATOR DIAZ: I'm voting yes. 9 ACTING PRESIDENT GRIFFO: Senator 10 Diaz to be recorded in the affirmative. 11 Senator Montgomery, to explain her 12 vote. 13 SENATOR MONTGOMERY: Yes, 14 Mr. President, just very briefly. 15 I just want to remind my colleagues 16 that the central theme of Martin Luther King's 17 struggle for the rights in this country was to 18 attain voting rights. And at that time, prior 19 to the Voting Rights Act of 1965, there was 20 the poll tax and many other obstacles to 21 voting by African-Americans in this country. 22 And so in the name of Martin Luther 23 King, I think that this really goes against -- 24 this is a back-door poll-tax bill, because 25 the -- those documents that are required will

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(518) 371-8910 1 cost up to $210 in order for a person to be 2 able to access the records. If it's a 3 passport, $85. If it's a birth certificate, 4 up to $15. And if it's naturalization papers, 5 it's $210. That is indeed a poll tax. 6 That is -- it defies the civil 7 rights movement. It defies the intent of 8 Dr. Martin Luther King. And I think that none 9 of us in this room would want to say that we 10 now, in 2008, do not respect and honor the 11 legacy of Dr. Martin Luther King. I vote no. 12 ACTING PRESIDENT GRIFFO: Senator 13 Montgomery to be recorded in the negative. 14 Senator Oppenheimer, to explain her 15 vote. 16 SENATOR OPPENHEIMER: Yes, 17 Mr. President. 18 I've been listening closely, and I 19 certainly agree with the people who say that a 20 number of people will be discouraged from 21 voting. A number of people -- a great number 22 of people, maybe as much as 11 percent in 23 nation, do not have the picture ID. There's a 24 cost entailed there, and in many cases it is 25 not only a cost but something that they simply

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(518) 371-8910 1 haven't acquired and can't acquire for any 2 number of reasons. 3 But what interested me is this 4 message that I got from the League of Women 5 Voters, which I'm happy to say I am a past 6 president of, and they say that voter fraud is 7 miniscule in this country. There was a 8 national study done between the years 2002 and 9 2006, and only 24 people were convicted 10 nationally of voter fraud. And they say in 11 each of those cases it was really due to human 12 error in the local and the state 13 bureaucracies. 14 Which brings me to my next point. 15 Right now the Board of Elections, which is, as 16 we all know, a bipartisan agency, they are in 17 total gridlock right now. And they don't have 18 the capacity to review the credentials of 19 every person. 20 And down to the most basic level, I 21 would have to say that do you really think 22 that myself, a middle-class white woman, is 23 going to be asked to produce this kind of 24 information? I don't think so. I think this 25 is targeted at our new residents and our

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(518) 371-8910 1 minority residents, and I think there will be 2 unequal justice of which we will all be very 3 embarrassed. 4 This is not a bill which we can be 5 proud of. And I'm happy to vote in the no. 6 ACTING PRESIDENT GRIFFO: Senator 7 Oppenheimer to be recorded in the negative. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1992 are 12 Senators Adams, Breslin, Connor, Dilan, Duane, 13 Gonzalez, Hassell-Thompson, Klein, L. Krueger, 14 Montgomery, Onorato, Oppenheimer, Parker, 15 Perkins, Sabini, Sampson, Savino, 16 Schneiderman, Serrano, Smith, Stavisky, 17 Stewart-Cousins and Thompson. 18 Absent from voting: Senator C. 19 Kruger. 20 Ayes, 37. Nays, 23. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 Senator Maziarz, that completes the 24 controversial reading of the supplemental 25 calendar.

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(518) 371-8910 1 SENATOR MAZIARZ: Thank you very 2 much, Mr. President. 3 Just for everyone's knowledge about 4 the process going forward, we're going to take 5 up two bills now from the last calendar. Then 6 we are going to have a Rules Committee 7 meeting, and we will be voting on that Rules 8 Committee report. 9 Then there's going to be a Finance 10 Committee meeting, and there will be 11 confirmations that we will take up today. 12 And after session is over, there 13 will be a short Majority conference. 14 So that's the schedule for the rest 15 of the day. And whosever decision it was to 16 take up that last bill on getaway day, I want 17 to thank them. 18 (Laughter.) 19 SENATOR MAZIARZ: Mr. President, 20 would you please call up Calendar Number 1729. 21 ACTING PRESIDENT GRIFFO: The 22 Secretary will read. 23 THE SECRETARY: In relation to 24 Calendar Number 1729, Senator Leibell moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 11303 and substitute it 2 for the identical Senate Bill Number 8312, 3 Third Reading Calendar 1729. 4 ACTING PRESIDENT GRIFFO: The 5 substitution is ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1729, by Member of the Assembly Molinaro, 9 Assembly Print Number 11303, an act in 10 relation to state aid payments. 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, 60. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 Senator Maziarz. 22 SENATOR MAZIARZ: Thank you, 23 Mr. President. 24 Can we please take up Calendar 25 Number 2040, laid aside earlier.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: In relation to 4 Calendar Number 2040, Senator Lanza moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 11634 and substitute it 7 for the identical Senate Bill Number 8584, 8 Third Reading Calendar 2040. 9 ACTING PRESIDENT GRIFFO: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 2040, by the Assembly Committee on Rules, 14 Assembly Print Number 11634, an act to amend 15 Chapter 759 of the Laws of 1973. 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, 60. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 Senator Maziarz. 2 SENATOR MAZIARZ: Thank you very 3 much, Mr. President. 4 There will be an immediate meeting 5 of the Senate Finance Committee in Room 332, 6 the Majority Conference Room. 7 ACTING PRESIDENT GRIFFO: There's 8 an immediate meeting of the Senate Finance 9 Committee in Room 332, the Majority Conference 10 Room. 11 Senator Maziarz. 12 SENATOR MAZIARZ: Mr. President, 13 could we return to motions and resolutions. 14 ACTING PRESIDENT GRIFFO: May I 15 have some order in the house, please. 16 We will return to motions and 17 resolutions. 18 SENATOR MAZIARZ: Would you 19 recognize Senator Fuschillo, please, 20 Mr. President. 21 ACTING PRESIDENT GRIFFO: Senator 22 Fuschillo. 23 SENATOR FUSCHILLO: Thank you, 24 Mr. President. 25 On behalf of Senator Little, on

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(518) 371-8910 1 page 54 I offer the following amendments to 2 Calendar Number 1819, Senate Print Number 3 7915B, and ask that said bill retain its place 4 on Third Reading Calendar. 5 ACTING PRESIDENT GRIFFO: The 6 amendments are received and adopted, and the 7 bill will retain its place on Third Reading 8 Calendar. 9 Please can we have some order in 10 the chamber so that the stenographer can get 11 an accurate reading of the proceedings. Thank 12 you. 13 Senator Fuschillo. 14 SENATOR FUSCHILLO: Mr. 15 President, on behalf of Senator LaValle, I 16 move to amend Senate Print Number 3208B by 17 striking out the amendments made on May 5th 18 and restoring it to its previous print number, 19 3208A. 20 ACTING PRESIDENT GRIFFO: So 21 ordered. 22 SENATOR FUSCHILLO: On behalf of 23 Senator Little, I wish to call up Senate Print 24 1101, recalled from the Assembly, which is now 25 at the desk.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 256, by Senator Little, Senate Print 1101, an 5 act to legalize, validate, ratify and confirm. 6 SENATOR FUSCHILLO: Mr. 7 President, I now move to reconsider the vote 8 by which the bill was passed. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll on reconsideration. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 SENATOR FUSCHILLO: I now offer 14 the following amendments. 15 ACTING PRESIDENT GRIFFO: The 16 amendments are accepted. 17 SENATOR FUSCHILLO: Mr. 18 President, amendments are offered to the 19 following Third Reading Calendar bills: 20 Sponsored by Senator Winner, page 21 number 21, Calendar Number 621, Senate Print 22 Number 7061; 23 By Senator Fuschillo, page number 24 36, Calendar Number 1148, Senate Print Number 25 7892;

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(518) 371-8910 1 By Senator Fuschillo, page number 2 52, Calendar Number 1522, Senate Print Number 3 1312B; 4 By Senator Skelos, page number 56, 5 Calendar Number 1946, Senate Print Number 6 8478. 7 I now move that these bills retain 8 their place on the order of third reading. 9 ACTING PRESIDENT GRIFFO: The 10 amendments are received and adopted, and the 11 bills will retain their place on the Third 12 Reading Calendar. 13 SENATOR FUSCHILLO: Thank you. 14 ACTING PRESIDENT GRIFFO: Thank 15 you, Senator Fuschillo. 16 Senator Maziarz. 17 SENATOR MAZIARZ: Mr. President, 18 would you recognize Senator Duane, please. 19 ACTING PRESIDENT GRIFFO: Senator 20 Duane. 21 SENATOR DUANE: Thank you, 22 Mr. President. 23 I wish to call up Senator Diaz's 24 bill, Print Number 767, recalled from the 25 Assembly, which is now at the desk.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 1538, by Senator Diaz, Senate Print 767, an 5 act to amend the Executive Law and the 6 Agriculture and Markets Law. 7 ACTING PRESIDENT GRIFFO: Senator 8 Duane. 9 SENATOR DUANE: Mr. President, I 10 move to reconsider the vote by which this bill 11 was passed and ask that the bill be restored 12 to the order of third reading. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT GRIFFO: Senator 19 Duane. 20 SENATOR DUANE: Mr. President, I 21 now move to recommit the bill to the Committee 22 on Rules, with instructions to said committee 23 to strike out the enacting clause. 24 ACTING PRESIDENT GRIFFO: So 25 ordered.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Duane. 5 Senator Nozzolio. 6 SENATOR NOZZOLIO: Mr. President, 7 on behalf of Senator Winner, I wish to call up 8 Print Number 7124A, recalled from the 9 Assembly, which is now at the desk. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1311, by Senator Winner, Senate Print 7124A, 14 an act to amend the Education Law. 15 SENATOR NOZZOLIO: Mr. President, 16 I now move to reconsider the vote by which the 17 bill was passed. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 SENATOR NOZZOLIO: Mr. President, 23 I now offer the following amendments, on 24 behalf of Senator Winner. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 amendments are accepted. 2 SENATOR NOZZOLIO: Mr. President, 3 Calendar Number 682, Print Number 2879B, I 4 offer the following amendments, on behalf of 5 Senator DeFrancisco, and ask that said bill 6 retain its place on Third 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 Maziarz. 12 SENATOR MAZIARZ: Thank you very 13 much, Mr. President. 14 Could we stand at ease pending the 15 report of the Finance Committee. 16 ACTING PRESIDENT GRIFFO: The 17 Senate stands at ease pending the report of 18 the Finance Committee. 19 (Whereupon, the Senate stood at 20 ease at 2:56 p.m.) 21 (Whereupon, the Senate reconvened 22 at 3:44 p.m.) 23 ACTING PRESIDENT GRIFFO: The 24 Senate will come to order. 25 Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Mr. President, 2 can we at this time return to reports of 3 standing committees. 4 I believe there's a report from the 5 Finance Committee at the desk, and I ask that 6 it be read at this time. 7 ACTING PRESIDENT GRIFFO: We'll 8 return to reports of standing committees. 9 The Secretary will read the report 10 of the Finance Committee. 11 THE SECRETARY: Senator Owen 12 Johnson, from the Committee on Finance, 13 reports the following nominations. 14 As a member of the State Board of 15 Parole, Lisa Beth Elovich, of Selkirk. 16 ACTING PRESIDENT GRIFFO: Senator 17 Johnson. 18 SENATOR OWEN JOHNSON: Move the 19 nomination. 20 ACTING PRESIDENT GRIFFO: Senator 21 Bruno. 22 SENATOR BRUNO: Mr. President, on 23 the nomination. 24 Thank you, Senator Johnson and 25 colleagues.

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(518) 371-8910 1 Lisa Elovich Avella is a 2 constituent of mine. And Lisa is here, and 3 I'm very proud of Lisa, as all of us should 4 be. Educated with a B.A. in government in 5 Maryland, Hofstra, as a juris doctor, and has 6 served as an assistant district attorney in 7 Manhattan and a deputy attorney general, and 8 has served with great distinction already on 9 the Parole Board, which is a very difficult 10 assignment, as we all know. 11 So we are fortunate when highly 12 qualified people are ready to give public 13 service in the way that Lisa has already 14 demonstrated. 15 So I'm proud, as a representative 16 of a distinguished constituent, who, besides 17 everything else, a hugely successful 18 entrepreneur, mother. So we're glad that the 19 Governor would submit Lisa, and I am proud to 20 move this nomination, Mr. President. 21 ACTING PRESIDENT GRIFFO: Thank 22 you, Senator Bruno. 23 Senator Nozzolio. 24 SENATOR NOZZOLIO: Thank you, 25 Mr. President. On the nomination.

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(518) 371-8910 1 Commissioner Elovich came before 2 the Senate Standing Committee on Crime 3 Victims, Crime and Corrections this morning 4 and did an excellent in job in outlining for 5 the committee the dynamics of, every day, a 6 commissioner's responsibilities. 7 That the committee has worked hard 8 to ensure transparency and appropriate notice 9 be given to all those victims of crime who are 10 interested in the activities of the New York 11 State Board of Parole. 12 Commissioner Elovich was tremendous 13 in outlining those dynamics, discussing a 14 number of the cases that she was called into 15 question to ask about and to be involved with. 16 Nonetheless, it was a very good experience, a 17 very educating experience for the members of 18 the committee, who are extremely impressed 19 with Commissioner Elovich's background and are 20 very pleased that she is facing renomination. 21 The committee unanimously endorsed that 22 renomination. 23 Thank you, Mr. President. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Nozzolio.

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(518) 371-8910 1 Senator Farley. 2 SENATOR FARLEY: Yeah, I rise to 3 support Lisa Elovich, who is an incredible 4 young woman with a sparkling resume who really 5 has done so much. 6 She's been a district attorney for 7 the County of New York, worked in the criminal 8 area. She has been with the Attorney 9 General's office as a deputy attorney general 10 and did an outstanding job there. She's a 11 graduate of Hofstra Law School. She's been an 12 administrative law judge. She's been, of 13 course, continuing on from the Division of 14 Parole. 15 She's a person that is very 16 broad-based in all of the things she does. 17 She's a promoter of boxing, which I think is 18 very, very exciting; I've attended many of her 19 matches. 20 And I think that Lisa is an 21 incredible appointment and somebody that can 22 really serve Parole. Because this is 23 something that is really important in 24 protecting society, and she has had the 25 background to make a good judgment as to what

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(518) 371-8910 1 should happen in the Division of Parole. 2 And I endorse her enthusiastically. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Farley. 5 Senator Skelos. 6 SENATOR SKELOS: Thank you, 7 Mr. President. 8 I want to congratulate the Governor 9 on this appointment and to Senator Bruno for 10 moving the nomination. 11 Unlike most of you in this chamber, 12 I knew Lisa when she was a little girl and my 13 constituent. In fact, I went to her 14 bat mitzvah many, many years ago. 15 But she is just a great person, a 16 great human being. And I know she's 17 distinguished herself on the Parole Board, and 18 I'm happy to join in seconding your 19 nomination, Lisa. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Skelos. 22 The question is on the nomination 23 of Lisa Beth Elovich, of Selkirk, for a 24 position as a member of the State Board of 25 Parole. All in favor signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT GRIFFO: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT GRIFFO: 6 Congratulations and best wishes, Lisa. 7 (Applause.) 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: As a member of 11 the State Board of Parole, Mary Ross, of 12 Hempstead. 13 ACTING PRESIDENT GRIFFO: Senator 14 Johnson. 15 SENATOR O. JOHNSON: I move the 16 nomination. 17 ACTING PRESIDENT GRIFFO: Senator 18 Nozzolio. 19 SENATOR NOZZOLIO: Mr. President, 20 the Senate Standing Committee on Crime 21 Victims, Crime and Corrections came together 22 to review the nomination of Mary Ross as a 23 member of the New York State Board of Parole, 24 unanimously endorsed her candidacy. 25 That there are many things in her

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(518) 371-8910 1 variety of background and experience that are 2 impressive, but I believe one of the most 3 impressive aspects of her resume is that she 4 is a member of the Sisters of St. Joseph, that 5 she will be the first nun, to the knowledge of 6 those who know the historical aspects of the 7 Board of Parole, she will be the very first 8 nun to serve in that capacity. 9 Whatever reservations I may have 10 had about Mary Ross's candidacy were 11 eliminated by that fact, because I know Sister 12 Frances Theresa, Sister Ellen Marie, Sister 13 Noreen and many others who taught me at 14 St. Patrick's School from age five into eighth 15 grade certainly were exemplary of great 16 service, and that that is a watchword and 17 hallmark of the order of Sisters of 18 St. Joseph, and that this is exemplary of the 19 candidate that is before us. 20 The committee unanimously endorsed 21 her candidacy for nomination to the Board of 22 Parole, and that I'm here to reflect that 23 endorsement. 24 Thank you, Mr. President. 25 ACTING PRESIDENT GRIFFO: Thank

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(518) 371-8910 1 you, Senator Nozzolio. 2 Senator Stachowski. 3 SENATOR STACHOWSKI: Just 4 briefly, I'd like to second this nomination. 5 There was a great background on 6 Mary Ross, all her involvement with the 7 various programs that she worked with through 8 her experience, and then her law school. 9 And there was one question in the 10 Finance Committee about would she be able to 11 deal out the justice. And as one of the other 12 people that went to Catholic grammar school -- 13 and anyone that did knows very well that nuns 14 have absolutely no problem dealing out 15 justice. 16 (Laughter.) 17 SENATOR STACHOWSKI: So I'd like 18 to take this opportunity to congratulate the 19 Governor and second the nomination. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Stachowski. 22 Senator Stavisky. 23 SENATOR STAVISKY: Yes, I did 24 not -- I was never disciplined by the sisters. 25 However, let me add that Mary Ross

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(518) 371-8910 1 brings a unique background, and I am 2 particularly proud of the fact that she is a 3 graduate of the City University of New York 4 Law School. It is a law school devoted to 5 public service, and I know everybody at the 6 law school is proud and delighted that Mary 7 Ross is going to be a member of the Parole 8 Board, and we congratulate her. 9 Thank you very much, Mr. President. 10 ACTING PRESIDENT GRIFFO: Thank 11 you, Senator Stavisky. 12 Senator Hannon. 13 SENATOR HANNON: Yes, 14 Mr. President. I'd like to rise in support of 15 Ms. Ross's nomination. 16 She has a distinguished background, 17 served with Legal Aid, brings a unique 18 perspective to being on the Parole Board. 19 I must say that, having gone from 20 kindergarten in parochial school to finishing 21 with Catholic school in Fordham Law, that I've 22 had a certain due, deep respect for nuns, even 23 former nuns, and I do believe the discipline I 24 received will be an appropriate mental 25 framework for when you're approaching your

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(518) 371-8910 1 duties in the Parole Board. 2 So congratulations. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Hannon. 5 The question is on the nomination 6 of Mary Ross, of Hempstead, as a member of the 7 State Board of Parole. All in favor signify 8 by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT GRIFFO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT GRIFFO: 14 Congratulations, Mary Ross, and our best 15 wishes. 16 (Applause.) 17 ACTING PRESIDENT GRIFFO: The 18 Secretary will read. 19 THE SECRETARY: As a member of 20 the State Board of Parole, Joseph P. Crangle, 21 of Buffalo. 22 ACTING PRESIDENT GRIFFO: Senator 23 Johnson. 24 SENATOR OWEN JOHNSON: I move the 25 nomination.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Nozzolio. 3 SENATOR NOZZOLIO: Thank you, 4 Mr. President. 5 Mr. President, Mr. Crangle came 6 before the Committee on Crime Victims, Crime 7 and Corrections, and Joseph Crangle's resume 8 is extensive, his criminal justice background. 9 And the committee was most impressed with his 10 work in the domestic violence courts of Erie 11 County. 12 He presents a great background, is 13 sensitive to working for crime victims, and 14 that he will be knowledgeable about the 15 ramifications of crime, particularly violent 16 crime, as he undergoes his review as a member 17 of the New York State Board of Parole. 18 That background and experience, as 19 well as many of us like to say also his 20 location, and the fact that he is from Western 21 New York and was born and raised in Erie 22 County, educated in Monroe County, he has that 23 perspective of Western New York presence on 24 the Board of Parole which we believe is also a 25 great addition to his extremely varied and

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(518) 371-8910 1 important background. 2 He also worked in probation, which 3 is another aspect of the criminal justice 4 system that brings an individual well suited 5 to be in service as a commissioner of the very 6 important New York State Board of Parole. 7 The committee unanimously endorsed 8 Mr. Crangle's nomination, and that I rise to 9 support that nomination as well. 10 Thank you very much, Mr. President. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Nozzolio. 13 Senator Volker. 14 SENATOR VOLKER: Mr. President, I 15 to want to support young Mr. Crangle. 16 I've known him for a number of 17 years -- but of course I've known his father 18 for about 30 or 35 years -- a fine young man 19 who I am convinced will make a great addition 20 to the Board of Parole. 21 We need really good, solid people 22 on the Board of Parole, and I think all three 23 of the nominees that we have today are 24 excellent nominees. And I congratulate the 25 Governor, and I wish Joe Crangle the best on

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(518) 371-8910 1 the board. 2 ACTING PRESIDENT GRIFFO: Senator 3 Maziarz. 4 SENATOR MAZIARZ: Thank you very 5 much, Mr. President. I too want to add my 6 support to this nominee. 7 I think it's always a good thing 8 and great when somebody from Western New York 9 is appointed to a very important and very 10 highly responsible position such as this. 11 And I want to congratulate the 12 nominee, Mr. Crangle, and particularly 13 congratulate his dad, Joe Crangle, who is here 14 too. I'm sure this is a very proud moment for 15 him to be back here in Albany to see his son 16 confirmed today. 17 I vote in the affirmative, 18 Mr. President. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Maziarz. 21 Senator Stachowski. 22 SENATOR STACHOWSKI: Yes, 23 Mr. President, I too rise to second the 24 nomination of Joseph Crangle to the Parole 25 Board.

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(518) 371-8910 1 I think his background will serve 2 him well. His education at Canisius will 3 provide a good background. And he'll bring 4 the tenacity of his father and the compassion 5 of his mother to this position, and I think 6 that he will be a positive addition. 7 And I congratulate the Governor on 8 this appointment and wish Joe very well in his 9 career as a part of the Parole Board. 10 Thank you. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Stachowski. 13 Senator Thompson. 14 SENATOR THOMPSON: Thank you, 15 Mr. President, for the opportunity to speak. 16 I am really excited today to second 17 the nomination of Joseph P. Crangle, not only 18 because he's a resident of my district, but he 19 comes very highly recommended. Many of us in 20 Western New York are excited, as Senator 21 Maziarz just talked about, at seeing someone 22 else from Western New York go on one of these 23 very, very important boards. 24 I know, as a father, that his dad 25 is very excited to see his son move up

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(518) 371-8910 1 professionally, like all of us are who are 2 parents. We're always very excited to see our 3 children grow up and reach great heights. 4 One of the things that was talked 5 about today in Finance was the need to focus 6 more on reentry programs. I know that the 7 chair of Parole Board and many of its members 8 are very concerned about making our 9 neighborhoods safer and making sure that when 10 people leave the system, that they are 11 prepared to come back into society so we can 12 reduce that rate of reincarceration which 13 raises up our taxes. 14 And so I look forward to him going 15 on this board. I believe he is a great 16 addition. 17 And many people in Western New York 18 are excited; we had two major appointments two 19 days in a row, so this has been a great week 20 for Western New York. 21 ACTING PRESIDENT GRIFFO: Thank 22 you, Senator Thompson. 23 Senator Rath. 24 SENATOR RATH: Thank you, 25 Mr. President. It would be incomplete if all

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(518) 371-8910 1 of the members of the Western New York 2 delegation did not rise to second 3 Mr. Crangle's nomination. 4 I too want to congratulate the 5 Governor on his wisdom in this bright young 6 man who will have a bright future. It's a 7 little poignant. In these very chambers, just 8 last week, we spoke about Jimmy Griffin. Just 9 this week we spoke Tim Russert. And today 10 we're talking about the next generation of 11 leadership in the Crangle family. 12 Congratulations. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Rath. 15 The question is on the nomination 16 of Joseph P. Crangle as a member of the State 17 Board of Parole. All in favor signify by 18 saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT GRIFFO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT GRIFFO: Today 24 joining Mr. Crangle is his wife, Kim, as well 25 as his dad, Joseph.

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(518) 371-8910 1 We extend to Joe P. our 2 congratulations and best wishes. 3 (Applause.) 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will read. 6 THE SECRETARY: As commissioner 7 of the State Insurance Fund, H. Sidney Holmes, 8 III, of New York City. 9 As members of the board of 10 directors of the Roosevelt Island Operating 11 Corporation, Fay Fryer Christian, of New York 12 City; Katherine Teets Grimm, M.D., of New York 13 City; Jonathan M. Kalkin, of New York City; 14 and David M. Kraut, of New York City. 15 As members of the Mental Health 16 Services Council, Lori Accardi, of Vestal, and 17 Susan M. Delehanty, of Tupper Lake. 18 As a member of the State Camp 19 Safety Advisory Council, Gordon W. Felt, of 20 Remsen. 21 And as members of the State 22 Hospital Review and Planning Council, Patricia 23 Smith Bransford, of New York City; Joan S. 24 Conboy, of Fort Plain; and Edwin T. Graham, of 25 Niskayuna.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Johnson. 3 SENATOR OWEN JOHNSON: Move the 4 nominations. 5 ACTING PRESIDENT GRIFFO: The 6 question is on the nominations as read. All 7 in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT GRIFFO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT GRIFFO: Senator 13 Serrano. 14 SENATOR SERRANO: Thank you, 15 Mr. President. 16 I just wanted to speak very 17 briefly, being that I represent Roosevelt 18 Island, on the new appointees. And I want to 19 congratulate all of them for being elected and 20 appointed and confirmed. 21 And I'm so proud to represent the 22 island, a very close-knit community which has 23 a rich history and a very diverse population. 24 The island finds itself, however, at a 25 watershed moment, with great challenges that

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(518) 371-8910 1 include a commitment to affordable housing, 2 the senior and disabled community, and vibrant 3 commerce on Main Street. 4 The key to overcoming these 5 challenges is greater democracy and 6 transparency. Earlier this year, the 7 Roosevelt Island Operating Corporation and the 8 residents association joined forces to 9 establish an electoral process, one in which 10 the island residents, for the first time in 11 their history, were able to vote for the 12 candidates that we would recommend to serve on 13 the board of the operating corporation. 14 Governor Paterson, to his enormous 15 credit, followed most of these 16 recommendations. And it is a beginning, 17 though certainly not an end, of a tremendous 18 and long-awaited march towards 19 self-determination. 20 Thank you. 21 ACTING PRESIDENT GRIFFO: Thank 22 you, Senator Serrano. 23 The question is on the nominations 24 as presented. All in favor signify by saying 25 aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT GRIFFO: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT GRIFFO: The 6 nominees are all confirmed that have been 7 voted on affirmatively today. Thank you very 8 much. 9 Senator Volker. 10 SENATOR VOLKER: I'd like to call 11 an immediate meeting of the Rules Committee. 12 And we'll recess until they come back. 13 ACTING PRESIDENT GRIFFO: There 14 will be an immediate meeting of the Rules 15 Committee in Room 332, the Majority Conference 16 Room. 17 The chair recognizes Senator 18 Savino. 19 SENATOR SAVINO: Thank you, 20 Mr. President. 21 I'd like the record to reflect that 22 had I been in the room on Calendar Number 23 2033, I would have voted no. 24 ACTING PRESIDENT GRIFFO: The 25 record shall so reflect.

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(518) 371-8910 1 SENATOR SAVINO: Thank you. 2 ACTING PRESIDENT GRIFFO: Senator 3 Stavisky. 4 SENATOR STAVISKY: Mr. President, 5 I too was absent from the chamber in a 6 meeting. And if I had been present for 7 Calendar 2033, I would have voted in the 8 negative. 9 ACTING PRESIDENT GRIFFO: The 10 record shall so reflect. 11 The Senate stands at ease. 12 (Whereupon, the Senate stood at 13 ease at 4:05 p.m.) 14 (Whereupon, the Senate reconvened 15 at 4:16 p.m.) 16 ACTING PRESIDENT GRIFFO: The 17 Senate will come to order. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could return to reports of standing 21 committees for the report of the Rules 22 Committee. 23 ACTING PRESIDENT GRIFFO: Reports 24 of standing committees. 25 The Secretary will read the report

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(518) 371-8910 1 of the Rules Committee. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, reports the 4 following bills: 5 Senate Print 3216B, by Senator 6 Libous, an act to amend the Highway Law; 7 5910A, by the Senate Committee on 8 Rules, an act to authorize; 9 6207B, by Senator Serrano, an act 10 to amend the Real Property Tax Law; 11 6350A, by Senator Robach, an act to 12 amend the Public Health Law; 13 6366A, by Senator Padavan, an act 14 to amend the Real Property Tax Law; 15 6814, by Senator Fuschillo, an act 16 to amend the Vehicle and Traffic Law; 17 7131A, by Senator Farley, an act to 18 amend the Education Law; 19 7214, by Senator Volker, an act to 20 amend the Criminal Procedure Law; 21 7322, by Senator Leibell, an act to 22 amend the County Law; 23 7509A, by Senator O. Johnson, an 24 act to amend the Vehicle and Traffic Law; 25 7633, by Senator Libous, an act to

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(518) 371-8910 1 amend the General Municipal Law; 2 7723, by Senator Montgomery, an act 3 to amend the General Business Law; 4 7825, by Senator Young, an act to 5 amend the General Obligations Law; 6 8240A, by the Senate Committee on 7 Rules, an act to amend Chapter 331 of the Laws 8 of 2007; 9 8346, by Senator Volker, an act in 10 relation to establishing; 11 8509B, by Senator DeFrancisco, an 12 act to amend the Education Law; 13 8536, by Senator Marcellino, an act 14 to amend the Environmental Conservation Law; 15 8579, by Senator Marcellino, an act 16 to rename; 17 8581, by Senator LaValle, an act in 18 relation to the implementation of terms; 19 8586, by Senator Farley, an act to 20 authorize; 21 8587, by Senator Farley, an act to 22 authorize; 23 8588, by Senator Farley, an act to 24 authorize; 25 8589, by Senator Farley, an act to

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(518) 371-8910 1 authorize; 2 8590, by Senator Farley, an act to 3 authorize. 4 8592, by Senator Farley, an act to 5 authorize; 6 8595, by Senator Leibell, an act 7 establishing the veterans of war on terror; 8 8596, by Senator Leibell, an act to 9 amend the Executive Law; 10 8605, by Senator Larkin, an act in 11 relation to establishing; 12 8606, by Senator Larkin, an act to 13 amend the State Finance Law and the Executive 14 Law; 15 And Senate Print 8607, by Senator 16 Volker, an act to amend the Highway Law. 17 All bills ordered direct to third 18 reading. 19 ACTING PRESIDENT GRIFFO: Senator 20 Skelos. 21 SENATOR SKELOS: Mr. President, 22 move to accept the report of the Rules 23 Committee. 24 ACTING PRESIDENT GRIFFO: All in 25 favor of accepting the Rules Committee report

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(518) 371-8910 1 signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT GRIFFO: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT GRIFFO: The 7 report is accepted. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 before we take up the Rules report, if we 11 could go back to motions and resolutions. 12 ACTING PRESIDENT GRIFFO: We will 13 return to motions and resolutions. 14 The chair recognizes Senator 15 Farley. 16 SENATOR FARLEY: Yes, I'm 17 authorized, thank you. 18 Mr. President, I wish to call up 19 Senator DeFrancisco's bill, 2061, it's 20 recalled from the Assembly, and it's now at 21 the desk. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 546, by Senator DeFrancisco, Senate Print

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(518) 371-8910 1 2061, an act to amend the Penal Law. 2 SENATOR FARLEY: Mr. President, I 3 now move to reconsider the vote by which this 4 bill was passed. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll on reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 SENATOR FARLEY: Mr. President, I 10 now offer the following amendments. 11 ACTING PRESIDENT GRIFFO: The 12 amendments are accepted. 13 SENATOR FARLEY: On behalf of 14 Senator Larkin, Mr. President, I wish to call 15 up his bill, 4497A, it's recalled from the 16 Assembly, and it's now at the desk. 17 ACTING PRESIDENT GRIFFO: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 449, by Senator Larkin, Senate Print 4497A, an 21 act to direct the Commissioner of Education. 22 SENATOR FARLEY: Mr. President, I 23 now move to reconsider the vote by which this 24 bill passed. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 Secretary will call the roll on 2 reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 SENATOR FARLEY: I now offer the 6 following amendments. 7 ACTING PRESIDENT GRIFFO: The 8 amendments are accepted. 9 SENATOR FARLEY: On behalf of 10 Senator Marcellino, Mr. President, I wish to 11 call up his bill, 5307A, it's recalled from 12 the Assembly, and it's now at your desk. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1656, by Senator Marcellino, Senate Print 17 5307A, an act to amend the Education Law. 18 SENATOR FARLEY: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 SENATOR FARLEY: I now offer the

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(518) 371-8910 1 following amendments. 2 ACTING PRESIDENT GRIFFO: The 3 amendments are accepted. 4 SENATOR FARLEY: Mr. President, 5 on behalf of Senator Alesi, on page 6 I offer 6 the following amendments to Calendar Number 7 134, Senate Print 6634B, and I ask that this 8 bill retain its place on the Third Reading 9 Calendar. 10 ACTING PRESIDENT GRIFFO: The 11 amendments are received and adopted, and the 12 bill will retain its place on the Third 13 Reading Calendar. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could take up Senate Supplemental 17 Calendar 62B. 18 ACTING PRESIDENT GRIFFO: The 19 Secretary will read. 20 THE SECRETARY: In relation to 21 Calendar Number 2041, Senator Libous moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 2343B and substitute it 24 for the identical Senate Bill Number 3216B, 25 Third Reading Calendar 2041.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: 2 Substitution ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 2041, by Member of the Assembly Hoyt, Assembly 6 Print Number 2343B, an act to amend the 7 Highway Law. 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, 60. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 2042, Senator Bruno moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 8499A and substitute it 22 for the identical Senate Bill Number 5910A, 23 Third Reading Calendar 2042. 24 ACTING PRESIDENT GRIFFO: 25 Substitution so ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 2042, by Member of the Assembly Pretlow, 4 Assembly Print Number 8499A, an act to 5 authorize the City of Yonkers, County of 6 Westchester. 7 ACTING PRESIDENT GRIFFO: There 8 is a home-rule message at the desk. 9 The Secretary will read the last 10 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, 60. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 2043, Senator Serrano moves to 21 discharge, from the Committee on Local 22 Government, Assembly Bill Number 8666A and 23 substitute it for the identical Senate Bill 24 Number 6207B, Third Reading Calendar 2043. 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 2043, by Member of the Assembly Farrell, 5 Assembly Print Number 8666A, an act to amend 6 the Real Property Tax 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 ACTING PRESIDENT GRIFFO: Senator 15 Serrano. 16 SENATOR SERRANO: Thank you, 17 Mr. President. 18 Not only is this a joyous day, for 19 me because it's my 36th birthday, but also 20 this is the first -- 21 (Applause.) 22 SENATOR SERRANO: It gets better. 23 This is the first Serrano 24 legislation that has come to this floor. And 25 I want to thank everyone, because this is such

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(518) 371-8910 1 a very meaningful bill to me. 2 This bill will reclassify 3 properties north of 110th Street in Manhattan 4 at a higher tax rate. For many years, vacant 5 lots north of 110th Street have been 6 classified and taxed at much lower rate, 7 removing any incentive for developing 8 much-needed things like affordable housing. 9 And I want to thank the borough 10 president, Scott Stringer, of Manhattan for 11 putting out a report, "No Vacancy," which 12 outlines how we can do a much better job on 13 dealing with the affordable housing crisis by 14 passing this piece of legislation. 15 So I want to thank all of my 16 colleagues from both sides of the aisle for 17 their support on this, of course the borough 18 president, Scott Stringer, Assemblymember 19 Denny Farrell, and Mayor Bloomberg for his 20 support of this legislation. 21 Thank you. I vote yes. 22 (Applause.) 23 ACTING PRESIDENT GRIFFO: Senator 24 Schneiderman. 25 SENATOR SCHNEIDERMAN: Thank you,

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(518) 371-8910 1 Mr. President. I rise really to commend 2 Senator Serrano. 3 This is a great bill to have as 4 your first bill. It is a tremendously 5 important program for everyone that represents 6 Upper Manhattan. 7 Very often in New York State our 8 laws regarding tax rates and incentives for 9 development lag behind actual market 10 conditions. There is a tremendous interest in 11 development north of 110th Street now, and 12 it's very important that we update the laws to 13 address the real market conditions to ensure 14 that we get affordable housing, that schools 15 are built as communities expand and high-rises 16 rise. 17 And the borough president, Scott 18 Stringer, was in Albany lobbying for this. I 19 note that he has a quite a successful record, 20 for a New York City elected official, of 21 coming to Albany and getting bills passed. 22 And I really just have to commend 23 Senator Serrano. I'm very impressed that he 24 made it here after his birthday party last 25 night in order to speak on his bill, and I

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(518) 371-8910 1 commend him for his good work. 2 ACTING PRESIDENT GRIFFO: 3 Announce the results. 4 THE SECRETARY: Ayes, 60. Nays, 5 0. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 Happy birthday, Senator Serrano. 9 (Applause.) 10 THE SECRETARY: Calendar Number 11 2045, by Senator Padavan, Senate Print 6366A, 12 an act to amend the Real Property Tax Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect July 1, 2008. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT GRIFFO: Senator 21 Krueger. 22 SENATOR LIZ KRUEGER: Thank you, 23 Mr. President. To explain my vote. 24 This is an amendment of a 25 tax-credit exemption bill, the Industrial and

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(518) 371-8910 1 Commercial Incentive Program, that if I had my 2 druthers we would have allowed to sunset this 3 June, as it was scheduled to do. 4 This is a program that internal 5 studies by the City of New York found that 6 over the 25-year term of the existing 7 subsidies, the City of New York will suffer a 8 loss of $1.1 billion. And indeed, the study 9 found that the vast majority of the tax breaks 10 have gone to projects in the city that the 11 city itself determined would have happened 12 anyway. 13 So of the $3.4 billion awarded 14 through the ICIP program during the time 15 period that has been studied, $2.8 billion of 16 the $3.4 billion in lost revenue was not 17 justifiable. 18 We are in tough economic times. 19 The City of New York is talking about closing 20 programs in our schools, cutting down on the 21 number of teachers, increasing class size 22 rather than reducing class size. 23 I have to say I don't think this is 24 the time to continue a corporate welfare 25 program that in fact primarily goes to midtown

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(518) 371-8910 1 Manhattan, my district, where as we speak 2 people are literally fighting to the death 3 over air rights to build more buildings. In 4 fact, the complaint in my district is that 5 there's too much development, too high, too 6 frequent. 7 And so I don't think we need this 8 tax incentive program. I think its time has 9 come and gone. I think the research shows 10 that it is not necessary. 11 And I wish that the City of 12 New York wasn't asking us to continue allowing 13 them to give this kind of corporate tax break, 14 because they need the money, Mr. President. 15 And it's not at all obvious to me that the 16 people who have been taking advantage of this 17 specific tax credit program need the 18 incentive, because I see them incentivized all 19 over the place, building. 20 So it is a reduction in the 21 program. It was an attempt at a modification 22 of a program whose time should have been over. 23 But I'm not -- 24 ACTING PRESIDENT GRIFFO: Can we 25 have some order, please.

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(518) 371-8910 1 Senator Krueger. 2 SENATOR LIZ KRUEGER: But I am 3 not at all satisfied that this is as good as 4 the city could have done, and I wish that they 5 could have come to us either saying "Enough, 6 we don't need this program" or with a much 7 more finely targeted ICIP program. 8 So I'll be voting no. Thank you, 9 Mr. President. 10 ACTING PRESIDENT GRIFFO: Senator 11 Krueger to be recorded in the negative. 12 Senator Schneiderman. 13 SENATOR SCHNEIDERMAN: Thank you. 14 As good as Senator Serrano's bill 15 was as far as dealing with the need for proper 16 treatment in terms of taxes and incentives of 17 development in New York City, this bill is 18 just that bad. 19 This is the worst sort of corporate 20 welfare, Mr. President. This is a bill that 21 provided a tax incentive for work on the 22 MetLife Building at 200 Park Avenue -- you 23 know, that used to be the Pan Am Building -- 24 one of the richest, most choice properties in 25 the world.

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(518) 371-8910 1 This is inexcusable corporate 2 welfare. I'm sorry we're extending the 3 program. And in fact, we're not even cutting 4 back in ways that were called for by the city 5 in its own reports. 6 This is not what we need in a time 7 of fiscal crisis. I am voting no. 8 ACTING PRESIDENT GRIFFO: Senator 9 Schneiderman to be recorded in the negative. 10 Could the negatives please raise 11 your hands again. Those voting no, please 12 raise your hand. 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 2045 are 16 Senators Adams, Hassell-Thompson, L. Krueger, 17 C. Kruger, Parker, Sabini, Savino and 18 Schneiderman. 19 Ayes, 53. Nays, 8. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2046, by Senator Fuschillo, Senate Print 6814, 24 an act to amend the Vehicle and Traffic 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 on the first of 4 November. 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 2047, by Senator Farley, Senate Print 7131A, 13 an act to amend the Education Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of April. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2048, Senator Volker moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 10502 and substitute it 3 for the identical Senate Bill Number 7214, 4 Third Reading Calendar 2048. 5 ACTING PRESIDENT GRIFFO: 6 Substitution so ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2048, by Member of the Assembly O'Donnell, 10 Assembly Print Number 10502, an act to amend 11 the Criminal Procedure Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of January. 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: In relation to 23 Calendar Number 2049, Senator Leibell moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 10413 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 7322, 2 Third Reading Calendar 2049. 3 ACTING PRESIDENT GRIFFO: Could I 4 please have some order in the chamber. Thank 5 you. 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2049, by Member of the Assembly Bradley, 10 Assembly Print Number 10413, an act to amend 11 the County Law. 12 ACTING PRESIDENT GRIFFO: There 13 is a home-rule message at the desk. 14 Read 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 2051, by Senator Libous, Senate Print 7633, an 25 act to amend the General Municipal 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 January. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT GRIFFO: Senator 9 Krueger, to explain her vote. 10 SENATOR LIZ KRUEGER: Thank you. 11 Well, the day rolls on and bills 12 move out speedily. And the bill was dated 13 April 22nd, so maybe I should have read it 14 before Rules. But this is a bill that would 15 expand an IDA membership to include an 16 enrolled member of the political party which 17 has the second-most members in the governing 18 body of the County of Broome. 19 I really don't understand why we're 20 doing partisan political assignments within an 21 IDA board. I'm not sure whether it would meet 22 any constitutional standard. I hope it 23 doesn't. 24 So I'll be voting no, but I'm also 25 fairly amused. What happens if the second

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(518) 371-8910 1 party changes in the midst of the IDA 2 appointee's term? Do they have to quit, or do 3 they have to change party, which one? 4 So I'll vote no, Mr. President. 5 Thank you. 6 ACTING PRESIDENT GRIFFO: Senator 7 Krueger to be recorded in the negative. 8 Senator Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you. 10 I have come to appreciate many 11 members on the other side of the aisle over 12 the years. And I enjoy our debates on issues 13 of substance, I enjoy their collegiality. But 14 I especially enjoy their sense of humor. 15 And as those of you who know me 16 know, Senator Maziarz tries to keep me cheered 17 up every year by introducing his bill about 18 wounded bears chasing children through the 19 woods. I take this in the same spirit. 20 This is a bill that would alter the 21 composition of the Broome County IDA by adding 22 someone defined as a member of the political 23 party which has the second-most members in the 24 governing body of the County of Broome. 25 Was there an election? Did the

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(518) 371-8910 1 county executive change? I don't know. I 2 take this as something that's designed to help 3 keep us in a good mood. 4 Senator Libous is one of my 5 favorite legislators, and I think the County 6 of Broome is one of the most beautiful places 7 in the State of New York. I suppose, under 8 those circumstances, you're allowed to have a 9 little gag every now and then. 10 I'm voting no, Mr. President. 11 ACTING PRESIDENT GRIFFO: Senator 12 Schneiderman to be recorded in the negative. 13 Senator Maziarz, to explain his 14 vote. 15 SENATOR MAZIARZ: Thank you very 16 much, Mr. President. To explain my vote. 17 I am shocked that my colleagues, 18 Senator Schneiderman most particularly, is 19 opposed to diversity and inclusiveness. 20 (Laughter.) 21 SENATOR MAZIARZ: I think it's 22 shocking and shameful that Senator 23 Schneiderman would take this course when just 24 a few short minutes ago, maybe an hour or so 25 ago, he wanted to let everyone vote. Everyone

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(518) 371-8910 1 that could possibly, you know, walk into a 2 polling place, regardless of where they lived, 3 whether they were citizens or not, he wanted 4 them to vote. 5 But in the poor Broome County 6 Industrial Development Agency, he wants to 7 limit the individuals that can serve 8 voluntarily on that board. 9 I think it's shameful and it's 10 wrong, and I vote in the affirmative, 11 Mr. President. 12 (Laughter.) 13 ACTING PRESIDENT GRIFFO: Senator 14 Maziarz to be recorded in the affirmative. 15 Senator Libous. 16 SENATOR LIBOUS: Thank you, 17 Mr. President. I too want to explain my vote. 18 And thank you, Senator Maziarz, 19 because I was going to echo the same things 20 with my good friends Senator Schneiderman and 21 Senator Krueger, that I would think you would 22 be enthusiastically supporting this, because 23 it gives everyone as an opportunity to now 24 serve so that both political parties are fully 25 represented and not just one party having

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(518) 371-8910 1 control. Because I know how much that upsets 2 the two of you, if one party has too much 3 control. 4 So I, like Senator Maziarz, am just 5 somewhat in shock that I'm not getting the 6 full support of all of my colleagues on the 7 other side of the aisle. But, Mr. President, 8 maybe someday that will happen. 9 I vote aye. 10 ACTING PRESIDENT GRIFFO: Senator 11 Libous to be recorded in the affirmative. 12 Senator Hassell-Thompson. 13 SENATOR HASSELL-THOMPSON: Thank 14 you, Mr. President. 15 Senator Libous, you're absolutely 16 right. We do tend, on this side of the aisle, 17 to want to achieve adversity. And so might I 18 suggest to you that in the language of this 19 that the language say both political parties 20 should in fact be represented, and then we 21 would not feel like there was an imbalance. 22 I will be voting no. 23 ACTING PRESIDENT GRIFFO: Senator 24 Hassell-Thompson to be recorded in the 25 negative.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 2051 are 4 Senators Adams, Duane, Hassell-Thompson, 5 L. Krueger, Parker and Schneiderman. Also 6 Senator Savino. 7 Ayes, 54. Nays, 7. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2052, by Senator Montgomery, Senate Print 12 7723, an act to amend the General Business 13 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 2053, by Senator Young, Senate Print 7825, an

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(518) 371-8910 1 act to amend the General Obligations Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 30th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT GRIFFO: Senator 10 Young. 11 SENATOR YOUNG: Thank you, 12 Mr. President. 13 This bill actually provides 14 protections to consumers, to landowners, by 15 allowing them, if they signed an oil and gas 16 lease, to be able to cancel the contract after 17 five days instead of three. 18 Currently, it's three right now. 19 And many of the people who are new to these 20 leases need to have the time necessary so that 21 they can fully review those with an attorney 22 and get the answers that they need. 23 So this is supported by the Farm 24 Bureau, many landowners across New York State, 25 and I vote aye.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Young to be recorded in the affirmative. 3 Announce the results. 4 THE SECRETARY: Ayes, 61. Nays, 5 0. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 2055, by Senator Volker, Senate Print 8346, an 10 act in relation to establishing the 11 conservation easement law of the Town of Elma. 12 ACTING PRESIDENT GRIFFO: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 10. 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: In relation to 24 Calendar Number 2057, Senator Marcellino moves 25 to discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 11278 and substitute it 2 for the identical Senate Bill Number 8536, 3 Third Reading Calendar 2057. 4 ACTING PRESIDENT GRIFFO: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2057, by Member of the Assembly Sweeney, 9 Assembly Print Number 11278, an act to amend 10 the Environmental Conservation 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: In relation to 22 Calendar Number 2058, Senator Marcellino moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 10137 and substitute it 25 for the identical Senate Bill Number 8579,

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(518) 371-8910 1 Third Reading Calendar 2058. 2 ACTING PRESIDENT GRIFFO: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 2058, by Member of the Assembly Conte, 7 Assembly Print Number 10137, an act to rename 8 Cold Spring Harbor State Park. 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, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 2059, Senator LaValle moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 11630 and substitute it 23 for the identical Senate Bill Number 8581, 24 Third Reading Calendar 2059. 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 2059, by the Assembly Committee on Rules, 5 Assembly Print Number 11630, an act in 6 relation to the implementation of the terms of 7 a written agreement. 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, 61. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 Senator Skelos, that completes the 19 reading of Supplemental Calendar 62B. 20 SENATOR SKELOS: Thank you, 21 Mr. President. Is there any further business 22 at the desk? 23 ACTING PRESIDENT GRIFFO: There 24 is none. 25 SENATOR SKELOS: Just a reminder

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(518) 371-8910 1 that there will be a conference of the 2 Majority immediately following session. 3 And there being no further business 4 to come before the Senate, I move we adjourn 5 until Monday, June 23rd, at 11:00 a.m., 6 intervening days being legislative days. 7 ACTING PRESIDENT GRIFFO: There 8 will be an immediate meeting of the Majority 9 conference in the Majority Conference Room. 10 And on motion, the Senate stands 11 adjourned until Monday, June 23rd, at 12 11:00 a.m., intervening days being legislative 13 days. 14 (Whereupon, at 4:43 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910