Thursday, July 9, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 July 9, 2009 11 3:30 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT STEWART-COUSINS: 3 The Senate will come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 In the absence of clergy, may we all bow our 11 heads for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you. 16 The reading of the Journal. 17 The Secretary will read. 18 THE SECRETARY: In Senate, 19 Tuesday, July 7, the Senate met pursuant to 20 adjournment. The Journal of Monday, July 6, 21 was read and approved. On motion, Senate 22 adjourned. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Without objection, the Journal stands approved

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(518) 371-8910 1 as read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Senator Smith. 10 SENATOR SMITH: Yes, Madam 11 President. I would ask at this moment that we 12 could just have the Senate stand at ease and 13 we will return shortly. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The Senate will stand at ease. 16 (Whereupon, the Senate stood at 17 ease at 3:32 p.m.) 18 (Whereupon, the Senate reconvened 19 at 9:25 p.m.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Smith. 22 SENATOR SMITH: Yes, Madam 23 President. There will be an immediate meeting 24 of the Rules Committee in Room 332, and I ask

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(518) 371-8910 1 that the Senate stand at ease based on the 2 conclusion of the Rules Committee. 3 ACTING PRESIDENT STEWART-COUSINS: 4 There will be an immediate meeting of the 5 Rules Committee, Room 332, and the Senate will 6 stand at ease. 7 (Whereupon, the Senate stood at 8 ease at 9:26 p.m.) 9 (Whereupon, the Senate reconvened 10 at 9:34 p.m.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Smith. 13 SENATOR SMITH: Yes, Madam 14 President. Is there a report of the Rules 15 Committee at the desk? 16 ACTING PRESIDENT STEWART-COUSINS: 17 There is a report of the Rules Committee here 18 at the desk. 19 The Secretary will read. 20 THE SECRETARY: Senator Smith, 21 from the Committee on Rules, reports the 22 following resolution: By Senator Sampson, 23 Senate Resolution Number 2790. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Senator Smith. 2 SENATOR SMITH: Yes, Madam 3 President. I move that we accept the report 4 of the Rules Committee. 5 ACTING PRESIDENT STEWART-COUSINS: 6 All those in favor of accepting the report of 7 the Rules Committee please signify by saying 8 aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT STEWART-COUSINS: 11 Opposed, nay. 12 (Response of "Nay.") 13 ACTING PRESIDENT STEWART-COUSINS: 14 The report of the Rules Committee is accepted. 15 Senator Smith. 16 SENATOR SMITH: Thank you, Madam 17 President. 18 Can we please take up Senate 19 Resolution Number 2790. I ask that the title 20 of the resolution be read and move for its 21 immediate adoption. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Returning to the order of motions and 24 resolutions, the Secretary will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Sampson, Senate Resolution Number 2790, 3 amending Rules 2 and 9 of the Senate Rules, in 4 relation to the authority of the Temporary 5 President to appoint a Majority Leader of the 6 Senate. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Are there any Senators that wish to be heard 9 on the resolution? 10 Hearing none, the question is on 11 the resolution. All those in favor of the 12 resolution please signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT STEWART-COUSINS: 15 Opposed, nay. 16 SENATOR SKELOS: May we have a 17 show of hands on the yeses and the nos, 18 please. 19 ACTING PRESIDENT STEWART-COUSINS: 20 All those who are in favor of the resolution 21 signify by a show of hands, raising your 22 hands, please. 23 (Democratic members raised their 24 hands.)

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The Secretary will announce the results. 3 THE SECRETARY: In relation to 4 Resolution Number 2790: Ayes, 32. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The resolution is adopted. 7 Senator Smith. 8 SENATOR SMITH: Yes, Madam 9 President. I now hand up the following 10 leadership notice and I ask that it be filed 11 in the Journal. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The notice will be filed in the Journal. 14 Senator Smith. 15 SENATOR SMITH: Yes, Madam 16 President. This is a historical moment for 17 our chamber. It will be the first time that 18 the chamber will once again make history 19 within the same year. Back in January, it 20 made history with its first African-American 21 Majority Leader. Today we will be making 22 history with the first Latino Majority Leader. 23 And I believe that this is a 24 fitting day, a fitting moment for our entire

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(518) 371-8910 1 state. As we go back to business and as we 2 open up a new chapter in doing business this 3 year, I think this is very appropriate that we 4 do it with my good friend Senator Pedro 5 Espada. 6 And could you please recognize our 7 Majority Leader, Senator Pedro Espada. 8 (Applause.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 Majority Leader Espada. 11 SENATOR ESPADA: Thank you, Madam 12 President. 13 And thank you for the opportunity, 14 Senator Smith, to address this chamber as the 15 Majority Leader. It is a point of tremendous 16 honor for me personally, but today I wish to 17 focus in on the institution that includes all 18 of us, 62 Senators. 19 On June 8th we took decisive action 20 from this side of the aisle, Senator 21 Monserrate and myself. We voted for reforms, 22 we voted for titles. Today we still are 23 focused on the reforms, and now the folks that 24 have raised their hands today support myself

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(518) 371-8910 1 for the Majority Leader position but also 2 support, more importantly, the changes that 3 had other hands up on June 8th. 4 So together, the events of 5 June 8th, the hands that went up on June 8th, 6 and the hands that went up today have created 7 a new environment, a new State Senate. And 8 the reforms that were spoken about for six 9 months will in fact be enacted. They. 10 Will include reform of how we do 11 business here, how we treat one another with 12 respect. Legislatively, it will improve our 13 powers to deliver upon the promises that we 14 made to the constituents that we serve -- 15 19.5 million people have watched us at our 16 worst; they will now get used to watching us 17 perform at our very best. 18 Senator Smith, thank you very much. 19 Senator Monserrate, 62 Senators, 20 thank you very much for the high privilege of 21 engaging in this journey with me. Thank you 22 very much. 23 (Applause from Democratic members.) 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Thank you, Senator Espada. Congratulations. 2 Senator Smith. 3 SENATOR SMITH: Yes, Madam 4 President. I now ask that we move to the 5 reading of our calendar. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The Secretary will read. 8 THE SECRETARY: In relation to 9 Calendar Number 212, Senator Aubertine moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 1939 and substitute it 12 for the identical Senate Bill Number 246, 13 Third Reading Calendar 212. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 212, by Member of the Assembly Townsend, 19 Assembly Print Number 1939, an act in relation 20 to authorizing. 21 ACTING PRESIDENT STEWART-COUSINS: 22 There is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 Announce the results. 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 215, Senator Farley moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 4554C and substitute it 14 for the identical Senate Bill Number 1261B, 15 Third Reading Calendar 215. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 215, by Member of the Assembly Amedore, 20 Assembly Print Number 4554C, an act to 21 authorize the City of Schenectady. 22 ACTING PRESIDENT STEWART-COUSINS: 23 There is a home-rule message at the desk. 24 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 Announce the results. 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 243, Senator Bonacic moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 5208A and substitute it 15 for the identical Senate Bill Number 3183A, 16 Third Reading Calendar 243. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 243, by Member of the Assembly Gunther, 21 Assembly Print Number 5208A, an act to 22 authorize the City of Middletown. 23 ACTING PRESIDENT STEWART-COUSINS: 24 There is a home-rule message here at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 Announce the results. 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 460, Senator Thompson moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 8374 and substitute it 16 for the identical Senate Bill Number 5073, 17 Third Reading Calendar 460. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 460, by Member of the Assembly Peoples, 22 Assembly Print Number 8374, an act to amend 23 the Public Authorities Law. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 Announce the results. 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 476, Senator Farley moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 4587A and substitute it 16 for the identical Senate Bill Number 693A, 17 Third Reading Calendar 476. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 476, by Member of the Assembly Amedore, 22 Assembly Print Number 4587A, an act to 23 legalize, validate, ratify and confirm. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 Announce the results. 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 484, Senator LaValle moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 4767 and substitute it 16 for the identical Senate Bill Number 1796, 17 Third Reading Calendar 484. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 484, by Member of the Assembly Alessi, 22 Assembly Print Number 4767, an act in relation 23 to legalizing, validating, ratifying and 24 confirming.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 491, Senator Larkin moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 8581 and substitute it 17 for the identical Senate Bill Number 2756, 18 Third Reading Calendar 491. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 491, by Member of the Assembly Calhoun, 23 Assembly Print Number 8581, an act to provide 24 for the repayment.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 494, Senator Stachowski moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 7202A and substitute it 17 for the identical Senate Bill Number 3650A, 18 Third Reading Calendar 494. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 494, by Member of the Assembly Quinn, Assembly 23 Print Number 7202A, an act to legalize, 24 validate, ratify and confirm.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 499, Senator Aubertine moves 15 to discharge, from the Committee on Finance, 16 Assembly Print Number 6413 and substitute it 17 for the identical Senate Bill Number 4250, 18 Third Reading Calendar 499. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 499, by Member of the Assembly Russell, 23 Assembly Print Number 6413, an act to amend 24 the Executive Law.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 500, Senator Volker moves to 15 discharge, from the Committee on Rules, 16 Assembly Print Number 8001A and substitute it 17 for the identical Senate Bill Number 4739A, 18 Third Reading Calendar 500. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 500, by Member of the Assembly Burling, 23 Assembly Print Number 8001A, an act to amend 24 the Executive Law.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 525, Senator Diaz moves to 15 discharge, from the Committee on Rules, 16 Assembly Print Number 6053A and substitute it 17 for the identical Senate Print Number 3163, 18 Third Reading Calendar 525. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 525, by Member of the Assembly Arroyo, 23 Assembly Print Number 6053A, an act to 24 authorizing the City of New York.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 There is a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 Announce the results. 11 THE SECRETARY: In relation to 12 Calendar Number 525: Ayes, 61. Nays, 1. 13 Senator Golden recorded in the negative. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is passed. 16 Senator Smith. 17 SENATOR SMITH: Thank you, Madam 18 President. 19 I wish to call up the Assembly 20 bills which are at the desk. 21 ACTING PRESIDENT STEWART-COUSINS: 22 We will return to the order of motions and 23 resolutions. 24 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 72, Assembly Print Number 4790; 3 191, Assembly Print Number 2805A; 4 196, Assembly Print 6993; 5 200, Assembly Print 7085; 6 216, Assembly Print 6565; 7 242, Assembly Print 6466; 8 244, Assembly Print 7531; 9 245, Assembly Print 7530; 10 315, Assembly Print 7007; 11 320, Assembly Print 7310; 12 321, Assembly Print 3988; 13 334, Assembly Print 7450; 14 341, Assembly Print 6394; 15 375, Assembly Print 8528; 16 405, Assembly Print 7009; 17 408, Assembly Print 7429; 18 409, Assembly Print 7455; 19 410, Assembly Print 7671; 20 414, Assembly Print 8034A; 21 415, Assembly Print 8145; 22 431, Assembly Print 2782; 23 434, Assembly Print 7673; 24 436, Assembly Print 8312;

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(518) 371-8910 1 437, Assembly Print 7344; 2 442, Assembly Print 8302A; 3 464, Assembly Print 7745A; 4 465, Assembly Print 7336; 5 467, Assembly Print 8382; 6 488, Assembly Print 5364A; 7 492, Assembly Print 8570; 8 542, Assembly Print 5222A; 9 557, Assembly Print 8617; 10 587, Assembly Print 6891; 11 588, Assembly Print 4768A; 12 589, Assembly Print 227; 13 590, Assembly Print 289; 14 591, Assembly Print 6421A; 15 592, Assembly Print 6883; 16 593, Assembly Print 1753; 17 594, Assembly Print 8548B; 18 596, Assembly Print 7365; 19 597, Assembly Print 8477; 20 607, Assembly Print 8135; 21 628, Assembly Print 8611; 22 630, Assembly Print 6923A; 23 639, Assembly Print 7685; 24 647, Assembly Print 4233;

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(518) 371-8910 1 648, Assembly Print 4234; 2 649, Assembly Print 4718; 3 650, Assembly Print 8708; 4 651, Assembly Print 6884; 5 652, Assembly Print 6894; 6 653, Assembly Print 6890; 7 654, Assembly Print 7230; 8 655, Assembly Print 7795; 9 656, Assembly Print 8454; 10 657, Assembly Print 8691; 11 658, Assembly Print 8529; 12 659, Assembly Print 6050; 13 660, Assembly Print 6924B; 14 661, Assembly Print 7460A; 15 662, Assembly Print 7462; 16 663, Assembly Print 7721; 17 664, Assembly Print 8315; 18 665, Assembly Print 8977; 19 666, Assembly Print 8209; 20 667, Assembly Print 8116; 21 668, Assembly Print 8115; 22 669, Assembly Print 8614; 23 670, Assembly Print 7606; 24 671, Assembly Print 8057A;

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(518) 371-8910 1 672, Assembly Print 8710; 2 673, Assembly Print 8891; 3 674, Assembly Print 8615; 4 675, Assembly Print 8618; 5 676, Assembly Print 8616; 6 677, Assembly Print 8469; 7 678, Assembly Print 7227A; 8 679, Assembly Print 8422; 9 680, Assembly Print 8376; 10 681, Assembly Print 8327; 11 682, Assembly Print 8502; 12 683, Assembly Print 8514; 13 684, Assembly Print 8666; 14 685, Assembly Print 6825; 15 686, Assembly Print 8048; 16 687, Assembly Print 8347; 17 688, Assembly Print 8688; 18 689, Assembly Print 8629; 19 690, Assembly Print 8682; 20 691, Assembly Print 8459A; 21 692, Assembly Print 8564; 22 693, Assembly Print 8045A; 23 694, Assembly Print 8660; 24 695, Assembly Print 7143B;

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(518) 371-8910 1 696, Assembly Print 8831; 2 697, Assembly Print 8936; 3 698, Assembly Print 8838; 4 699, Assembly Print 8889; 5 700, Assembly Print 8923B; 6 701, Assembly Print 8894; 7 702, Assembly Print 8796; 8 704, Assembly Print 8867; 9 705, Assembly Print 8933; 10 706, Assembly Print 8920; 11 707, Assembly Print 8868; 12 708, Assembly Print 7252; 13 709, Assembly Print 7350; 14 710, Assembly Print 8895; 15 711, Assembly Print 8391; 16 715, Assembly Print 7064; 17 716, Assembly Print 9036; 18 717, Assembly Print 9039; 19 718, Assembly Print 8737; 20 719, Assembly Print 6564A; 21 720, Assembly Print 8423; 22 721, Assembly Print 8713; 23 722, Assembly Print 8864; 24 723, Assembly Print 8893;

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(518) 371-8910 1 724, Assembly Print 9037; 2 725, Assembly Print 8103A; 3 And Calendar Number 726, Assembly 4 Print 8694. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The Assembly bills are before the house. 7 Senator Smith. 8 SENATOR SMITH: Madam President, 9 I now move to reconsider the vote by which the 10 bills were passed and ask that the bills be 11 restored to the order of third reading. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The Secretary will call the roll on 14 reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The bills are restored to their place on the 19 Third Reading Calendar. 20 SENATOR SMITH: Madam President, 21 at this time can we please take up the reading 22 of the supplemental calendar. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 72, by Member of the Assembly Weinstein, 3 Assembly Print Number 4790, an act to amend 4 Chapter -- 5 SENATOR LIBOUS: Lay it aside. 6 ACTING PRESIDENT VALESKY: The 7 bill is laid aside. 8 THE SECRETARY: Calendar Number 9 191, by Member of the Assembly Kolb, Assembly 10 Print Number 2805A, an act to amend the Tax 11 Law. 12 SENATOR PERKINS: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 196, by Member of the Assembly Hawley, 17 Assembly Print Number 6993, an act to amend 18 the Tax Law. 19 ACTING PRESIDENT VALESKY: There 20 is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 200, by Member of the Assembly Sayward, 8 Assembly Print Number 7085, an act to amend 9 Chapter 327 of the Laws of 2006. 10 ACTING PRESIDENT VALESKY: There 11 is a home-rule message at the desk. 12 Read the last section. 13 SENATOR KLEIN: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 216, by Member of the Assembly Zebrowski, 18 Assembly Print Number 6565, an act to amend 19 the Local Finance Law. 20 ACTING PRESIDENT VALESKY: There 21 is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section -- 24 SENATOR KLEIN: Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 242, by Member of the Assembly Latimer -- 5 SENATOR LIBOUS: Lay it aside. 6 ACTING PRESIDENT VALESKY: The 7 bill is laid aside. 8 THE SECRETARY: Calendar Number 9 244, by Member of the Assembly Pretlow -- 10 SENATOR LIBOUS: Lay it aside. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside. 13 THE SECRETARY: Calendar Number 14 245, by Member of the Assembly Pretlow, 15 Assembly Print Number -- 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 315, by -- 21 SENATOR LIBOUS: Lay it aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 320, by Member of the Assembly -- 2 SENATOR LIBOUS: Lay it aside. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 321, by Member of the Assembly Crouch -- 7 SENATOR LIBOUS: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 334, by Member of the Assembly Wright -- 12 SENATOR LIBOUS: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 341, by Member of the Assembly Magee, Assembly 17 Print Number 6394 -- 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 375, by Member of the Assembly Camara, 23 Assembly Print Number 8528, an act to amend 24 the Private Housing Finance Law.

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(518) 371-8910 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 405, by Member of the Assembly Duprey, 6 Assembly Print Number 7009, an act to amend 7 the Tax Law. 8 SENATOR KLEIN: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 408, by Member of the Assembly Burling, 13 Assembly Print Number 7429, an act to amend 14 the Tax Law. 15 SENATOR KLEIN: Lay it aside. 16 ACTING PRESIDENT VALESKY: The 17 bill is laid aside. 18 THE SECRETARY: Calendar Number 19 409, by Member of the Assembly Bacalles, 20 Assembly Print Number 74 -- 21 SENATOR KLEIN: Lay it aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 410, by Member of the Assembly Barclay -- 2 SENATOR LIBOUS: Lay it aside. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 414, by Member of the Assembly Magnarelli -- 7 SENATOR LIBOUS: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 415, by Member of the Assembly Englebright, 12 Assembly Print Number 8145 -- 13 SENATOR LIBOUS: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 431, by Member of the Assembly Abbate, 18 Assembly Print Number -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 434, by Member of the Assembly Barclay, 24 Assembly Print Number --

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(518) 371-8910 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 436, by Member of the Assembly Tedisco, 6 Assembly Print Number -- 7 SENATOR KLEIN: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 437, by Member of the Assembly Calhoun, 12 Assembly Print Number -- 13 SENATOR KLEIN: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 442, by Member of the Assembly Magee, Assembly 18 Print Number 8302A -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 464, by Member of the Assembly Gunther, 24 Assembly Print Number --

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(518) 371-8910 1 SENATOR KLEIN: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 465, by Member of the Assembly Sweeney, 6 Assembly Print Number 7336 -- 7 SENATOR LIBOUS: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 467, by Member of the Assembly Castro, 12 Assembly Print Number 83 -- 13 SENATOR LIBOUS: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 488, by Member of the -- 18 SENATOR KLEIN: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 492, by Member -- 23 SENATOR LIBOUS: Lay it aside. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 542, by Member of the Assembly McEneny -- 4 SENATOR LIBOUS: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 557, by Member of the Assembly Farrell -- 9 SENATOR LIBOUS: Lay it aside. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 587, by Member -- 14 SENATOR KLEIN: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 588, by Member of the Assembly Jordan, 19 Assembly Print Number -- 20 SENATOR KLEIN: Lay it aside. 21 ACTING PRESIDENT VALESKY: The 22 bill is laid aside. 23 THE SECRETARY: Calendar Number 24 589, by Member of the Assembly Latimer,

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(518) 371-8910 1 Assembly Print Number 227 -- 2 SENATOR LIBOUS: Lay it aside. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 590, by Member of the Assembly Latimer, 7 Assembly Print Number 289 -- 8 SENATOR LIBOUS: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 591, by Member of the Assembly -- 13 SENATOR KLEIN: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 592, by Member of the Assembly -- 18 SENATOR KLEIN: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 593, by Member of the Assembly Lifton -- 23 SENATOR KLEIN: Lay it aside. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 594, by Member of the Assembly Skartados, 4 Assembly Print Number 8548B, an act to amend 5 the Tax Law. 6 SENATOR KLEIN: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 596, by Member of the Assembly Oaks, Assembly 11 Print Number 7365, an -- 12 SENATOR KLEIN: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 597, by Member of the Assembly Scozzafava, 17 Assembly Print Number 84 -- 18 SENATOR KLEIN: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 607, by Member of the -- 23 SENATOR LIBOUS: Lay it aside. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 628, by Member of the Assembly Morelle, 4 Assembly Print -- 5 SENATOR LIBOUS: Lay it aside. 6 ACTING PRESIDENT VALESKY: Lay 7 the bill is laid aside. 8 THE SECRETARY: Calendar Number 9 630, by Member of the Assembly Towns, Assembly 10 Print -- 11 SENATOR LIBOUS: Lay it aside. 12 ACTING PRESIDENT VALESKY: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 639, by Member of the Assembly Hooper, 16 Assembly Print Number 7685, an act to amend 17 the Local Finance Law. 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 647, by Member of the -- 23 SENATOR KLEIN: Lay it aside. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 648, by Member of the Assembly Giglio -- 4 SENATOR KLEIN: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 649, by Member of the Assembly P. Lopez -- 9 SENATOR KLEIN: Lay it aside. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 650, by Member of the Assembly -- 14 SENATOR KLEIN: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 651, by Member of the Assembly -- 19 SENATOR KLEIN: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 652, by Member of the Assembly Molinaro, 24 Assembly Print Number --

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(518) 371-8910 1 SENATOR KLEIN: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 653, by Member of the Assembly P. Lopez -- 6 SENATOR KLEIN: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 654, by Member of the Assembly -- 11 SENATOR KLEIN: Lay it aside. 12 ACTING PRESIDENT VALESKY: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 655, by Member of the Assembly DelMonte -- 16 SENATOR KLEIN: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 656, by Member of the Assembly Galef -- 21 SENATOR LIBOUS: Lay it aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 657, by Member of the Assembly V. Lopez -- 2 SENATOR LIBOUS: Lay it aside. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 658, by Member of the Assembly V. Lopez, 7 Assembly Print Number 85 -- 8 SENATOR LIBOUS: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 659, by -- 13 SENATOR LIBOUS: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 660, by Member of -- 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 661, by Member of the Assembly Jaffee, 23 Assembly Print -- 24 SENATOR KLEIN: Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 662, by Member of the Assembly Giglio, 5 Assembly Print Number 74 -- 6 SENATOR KLEIN: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 663, by Member of the Assembly Giglio -- 11 SENATOR KLEIN: Lay it aside. 12 ACTING PRESIDENT VALESKY: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 664, by Member of the Assembly Galef -- 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 665, by Member of the Assembly Weinstein, 21 Assembly Print Number 8977 -- 22 SENATOR LIBOUS: Lay it aside. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 666, by -- 3 SENATOR KLEIN: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 667, by Member of the Assembly -- 8 SENATOR KLEIN: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 668, by Member of the -- 13 SENATOR KLEIN: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 669, by Member of the Assembly Farrell -- 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 670, by Member of the Assembly Schimel, 23 Assembly Print Number 7606, an act to amend 24 Chapter --

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(518) 371-8910 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 671, by Member of the Assembly -- 6 SENATOR KLEIN: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 672, by Member of the Assembly -- 11 SENATOR LIBOUS: Lay it aside. 12 ACTING PRESIDENT VALESKY: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 673, by -- 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 674, by Member of the Assembly Farrell, 21 Assembly -- 22 SENATOR LIBOUS: Lay it aside. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 675, by Member of the Assembly Farrell -- 3 SENATOR LIBOUS: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 676, by Member of the -- 8 SENATOR LIBOUS: Again, lay the 9 bill aside. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 677, by -- 14 SENATOR KLEIN: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 678, by Member of the Assembly Sweeney -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 679 -- 24 SENATOR LIBOUS: Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 680, by Member of the Assembly Silver, 5 Assembly Print Number -- 6 SENATOR LIBOUS: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 681, by Member of the Assembly Bing, Assembly 11 Print Number 8327, an act -- 12 SENATOR LIBOUS: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 682, by -- 17 SENATOR KLEIN: Lay it aside. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 683, by Member of the Assembly Kolb -- 22 SENATOR KLEIN: Lay it aside. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 684, by Member of the Assembly -- 3 SENATOR KLEIN: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 685, by Member of the Assembly Wright -- 8 SENATOR LIBOUS: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 686, by -- 13 SENATOR LIBOUS: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 687, by Member of the Assembly -- 18 SENATOR KLEIN: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 688, by Member of the Assembly Skartados, 23 Assembly Print Number 8688, an act to amend 24 the Tax Law.

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(518) 371-8910 1 SENATOR KLEIN: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 689, by Member of the Assembly Sayward -- 6 SENATOR KLEIN: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 690, by Member of the Assembly -- 11 SENATOR KLEIN: Lay it aside. 12 ACTING PRESIDENT VALESKY: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 691, by Member of the Assembly -- 16 SENATOR KLEIN: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 692, by Member of the Assembly Nolan, Assembly 21 Print Number 85 -- 22 SENATOR LIBOUS: Lay it aside. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 693, by -- 3 SENATOR KLEIN: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 694, by Member of the Assembly -- 8 SENATOR LIBOUS: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 695, by Member of the Assembly -- 13 SENATOR KLEIN: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 696, by Member of the Assembly -- 18 SENATOR KLEIN: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 697, by Member of the Assembly -- 23 SENATOR KLEIN: Lay it aside. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 698, by Member of the Assembly Barron, 4 Assembly Print Number -- 5 SENATOR LIBOUS: Lay it aside. 6 ACTING PRESIDENT VALESKY: The 7 bill is laid aside. 8 THE SECRETARY: Calendar Number 9 699, by Member of the Assembly Silver, 10 Assembly Print Number 8889, an act to amend 11 the -- 12 SENATOR LIBOUS: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 700, by Member of the Assembly -- 17 SENATOR KLEIN: Lay it aside. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 701 -- 22 SENATOR LIBOUS: Lay it aside. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 702 -- 3 SENATOR LIBOUS: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 704, by Member -- 8 SENATOR LIBOUS: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 705 -- 13 SENATOR LIBOUS: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 706 -- 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 707 -- 23 SENATOR KLEIN: Lay it aside. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 708 -- 4 SENATOR KLEIN: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 709 -- 9 SENATOR KLEIN: Lay it aside. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 710 -- 14 SENATOR LIBOUS: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 711 -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 715 -- 24 SENATOR LIBOUS: Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 716, by Member of the Assembly Gottfried -- 5 SENATOR LIBOUS: Lay it aside. 6 ACTING PRESIDENT VALESKY: The 7 bill is laid aside. 8 THE SECRETARY: Calendar Number 9 717, by Member of the Assembly Cahill, 10 Assembly Print Number 9039, an act to amend 11 the Economic Development Law. 12 SENATOR YOUNG: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 718, by Member of the Assembly Espaillat, 17 Assembly Print Number 8737, an act -- 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 719, by Member of the Assembly Zebrowski -- 23 SENATOR KLEIN: Lay it aside. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 720, by Member of the Assembly Destito -- 4 SENATOR LIBOUS: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: Calendar number 8 721, by Member of the Assembly -- 9 SENATOR LIBOUS: Lay it aside. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 722, by Member of the Assembly Canestrari -- 14 SENATOR LIBOUS: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 723 -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 724 -- 24 SENATOR LIBOUS: Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 725 -- 5 SENATOR LIBOUS: Lay it aside. 6 ACTING PRESIDENT VALESKY: The 7 bill is laid aside. 8 THE SECRETARY: Calendar Number 9 726 -- 10 SENATOR LIBOUS: Lay it aside. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside. 13 Senator Klein, that completes the 14 noncontroversial reading of Senate 15 Supplemental Calendar 59A. 16 SENATOR KLEIN: Mr. President, 17 can we stand at ease. 18 ACTING PRESIDENT VALESKY: The 19 Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 10:08 p.m.) 22 SENATOR SKELOS: Immediate 23 conference of the Republicans in our 24 conference room.

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(518) 371-8910 1 (The Senate continued to stand at 2 ease.) 3 ACTING PRESIDENT VALESKY: 4 Senator Smith. 5 SENATOR SMITH: Yes, 6 Mr. President. Could you please ring the bell 7 get members into the chamber so that we can 8 continue with the controversial calendar. 9 ACTING PRESIDENT VALESKY: The 10 Secretary will ring the bells. 11 (The Senate continued to stand at 12 ease.) 13 (Whereupon, the Senate reconvened 14 at 11:46 p.m.) 15 ACTING PRESIDENT VALESKY: The 16 Senate will come back to order. 17 Senator Smith. 18 SENATOR SMITH: Yes, 19 Mr. President. After consultation with 20 Senator Libous and a few of my colleagues -- 21 Senator Sampson, Senator Maziarz, as well as 22 Senator Jeff Klein -- we ask for unanimous 23 consent to restore all bills that were 24 previously laid aside to today's

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(518) 371-8910 1 noncontroversial calendar and move to take up 2 the noncontroversial calendar at this time. 3 ACTING PRESIDENT VALESKY: 4 Pursuant to a request under unanimous consent, 5 the bills on Senate Supplemental Calendar 6 Number 59A are restored to the 7 noncontroversial reading. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 72, by Member of the Assembly Weinstein, 11 Assembly Print Number 4790, an act to amend 12 Chapter 455 of the Laws of 1997. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 191, by Member of the Assembly Kolb, Assembly

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(518) 371-8910 1 Print Number 2805A, an act to amend the Tax 2 Law. 3 ACTING PRESIDENT VALESKY: There 4 is a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 200, by Member of the Assembly Sayward, 16 Assembly Print Number 7085, an act to amend 17 Chapter 327 of the Laws of 2006. 18 ACTING PRESIDENT VALESKY: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 216, by Member of the Assembly Zebrowski, 7 Assembly Print Number 6565, an act to amend 8 the Local Finance Law. 9 ACTING PRESIDENT VALESKY: There 10 is a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 242, by Member of the Assembly Latimer, 22 Assembly Print Number 6466, an act to amend 23 Chapter 272 of the Laws of 1991. 24 ACTING PRESIDENT VALESKY: 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 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 244, by Member of the Assembly Pretlow, 13 Assembly Print Number 7531, an act to amend 14 the Tax Law. 15 ACTING PRESIDENT VALESKY: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 245, by Member of the Assembly Pretlow, 4 Assembly Print Number 7530, an act to amend 5 the Tax Law and Chapter 535 of the Laws of 6 1987. 7 ACTING PRESIDENT VALESKY: There 8 is a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 315, by Member of the Assembly Canestrari, 20 Assembly Print Number 7007, an act to amend 21 the Tax Law. 22 ACTING PRESIDENT VALESKY: There 23 is a home-rule message at the desk. 24 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 320, by Member of the Assembly Finch, Assembly 11 Print Number 7310, an act to amend the Tax 12 Law. 13 ACTING PRESIDENT VALESKY: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 321, by Member of the Assembly Crouch, 2 Assembly Print Number 3988, an act to amend 3 the Tax Law. 4 ACTING PRESIDENT VALESKY: There 5 is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 334, by Member of the Assembly Wright, 17 Assembly Print Number 7450, an act to amend 18 Chapter 436 of the Laws of 1997. 19 ACTING PRESIDENT VALESKY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 341, by Member of the Assembly Magee, Assembly 7 Print Number 6394, an act to amend Chapter 80 8 of the Laws of 2000. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT VALESKY: 17 Senator DeFrancisco, to explain his vote. 18 SENATOR DeFRANCISCO: Yes, I'm 19 voting no. I've voted no on a bill similar to 20 this for many, many years. 21 There's so many students in our 22 state that would love to go to veterinary 23 school and would be wonderful veterinarians. 24 But year after year, I plead for the state to

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(518) 371-8910 1 provide more education and more institutions 2 or expand on the institutions that exist so 3 that we could have our citizens actually 4 participate and become veterinarians. 5 Instead, each year we end up just 6 extending a law that allows for noncitizens to 7 provide these services, and it's simply wrong. 8 So I vote no. 9 ACTING PRESIDENT VALESKY: 10 Senator DeFrancisco to be recorded in the 11 negative. 12 Senator LaValle, to explain his 13 vote. 14 SENATOR LaVALLE: Thank you, 15 Mr. President. 16 A few years ago Senator Little had 17 a bill very similar to this. Senator Little's 18 bill had a sunset provision in that 19 legislation that became law. It allowed us to 20 take a look at how certain parts of the state 21 had needs for veterinarians, but we didn't 22 collapse and abolish citizenship regulations. 23 This bill puts out, for 24 veterinarians as a profession, makes them

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(518) 371-8910 1 different than many other professions that 2 still have citizenship requirements. So this 3 bill really should have a sunset provision for 4 the reasons that Senator DeFrancisco 5 articulated, because we need to fill this 6 void -- if there is one in certain parts of 7 the state -- with our own students, with our 8 own citizens. 9 I vote no. 10 ACTING PRESIDENT VALESKY: 11 Senator LaValle to be recorded in the 12 negative. 13 Senator Stavisky, to explain her 14 vote. 15 SENATOR STAVISKY: Yes, 16 Mr. President. I vote yes because of the 17 serious shortage of veterinarians in upstate 18 New York. Particularly significant because of 19 its proximity to the Canadian border, it makes 20 it a lot easier to attract veterinarians. 21 It's interesting that other parts 22 of the state are also experiencing shortages. 23 For example, in the Buffalo-Niagara Frontier 24 area, there are only two students at the

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(518) 371-8910 1 College of Veterinarian Medicine at Cornell 2 from this area, only two students. 3 So to overcome these problems -- 4 and there are similar shortages, incidentally, 5 of students in the Capital District, in the 6 Rochester area, and in the Hudson Valley. So 7 that I think this will perhaps help somewhat 8 to alleviate the shortage of veterinarians, 9 and I vote aye. 10 ACTING PRESIDENT VALESKY: 11 Senator Stavisky to be recorded in the 12 affirmative. 13 The Secretary will announce the 14 results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 341 are 17 Senators Bonacic, DeFrancisco, Flanagan, 18 Fuschillo, Golden, Hannon, Lanza, Larkin, 19 LaValle, Marcellino, McDonald, Nozzolio, 20 Padavan, Ranzenhofer, Robach, Saland, Skelos, 21 Volker, Winner and Young. Also Senator Owen 22 Johnson. Also Senator Leibell. 23 Ayes, 40. Nays, 22. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 375, by Member of the Assembly Camara, 4 Assembly Print Number 8528, an act to amend 5 the Private Housing Finance Law. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 405, by Member of the Assembly Duprey, 18 Assembly Print Number 7009, an act to amend 19 the Tax Law. 20 ACTING PRESIDENT VALESKY: 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.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 408, by Member of the Assembly Burling, 9 Assembly Print Number 7429, an act to amend 10 the Tax Law. 11 ACTING PRESIDENT VALESKY: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 409, by Member of the Assembly Bacalles, 24 Assembly Print Number 7455, an act to amend

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(518) 371-8910 1 the Tax Law. 2 ACTING PRESIDENT VALESKY: There 3 is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 410, by Member of the Assembly Barclay, 15 Assembly Print Number 7671, an act to amend 16 the Tax Law. 17 ACTING PRESIDENT VALESKY: There 18 is a home-rule message at the desk. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 414, by Member of the Assembly Magnarelli, 6 Assembly Print Number 8034A, an act to amend 7 the Tax Law. 8 ACTING PRESIDENT VALESKY: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 415, by Member of the Assembly Englebright, 21 Assembly Print Number 8145, an act to amend 22 the Tax Law. 23 SENATOR LaVALLE: Lay it aside. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 431, by Member of the Assembly Abbate, 4 Assembly Print Number 2782, an act to amend 5 Chapter 929 of the Laws of 1986. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 SENATOR LIBOUS: Lay it aside. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside. 13 THE SECRETARY: Calendar Number 14 434, by Member of the Assembly Barclay, 15 Assembly Print Number 7673, an act to amend 16 the Tax Law. 17 ACTING PRESIDENT VALESKY: There 18 is a home-rule message at the desk. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 436, by Member of the Assembly Tedisco, 6 Assembly Print Number 8312, an act to amend 7 the Tax Law. 8 ACTING PRESIDENT VALESKY: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 437, by Member of the Assembly Calhoun, 21 Assembly Print Number 7344, an act to amend 22 the Tax Law. 23 ACTING PRESIDENT VALESKY: There 24 is a home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 442, by Member of the Assembly Magee, Assembly 12 Print Number 8302A, an act to amend 13 Chapter 412 of the Laws of 2008. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 464, by Member of the Assembly Gunther, 2 Assembly Print Number 7745A, an act to amend 3 Chapter 270 of the Laws of 2008. 4 ACTING PRESIDENT VALESKY: There 5 is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 465, by Member of the Assembly Sweeney, 17 Assembly Print Number 7336, an act to amend 18 the County Law. 19 ACTING PRESIDENT VALESKY: There 20 is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 465 are 5 Senators Flanagan, Fuschillo, Golden, Lanza, 6 LaValle, Marcellino, Padavan and Ranzenhofer. 7 Also Senator O. Johnson. 8 Ayes, 53. Nays, 9. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 467, by Member of the Assembly Castro, 13 Assembly Print Number 8382, an act to amend 14 Chapter 223 of the Laws of 1996. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 488, by Member of the Assembly Jordan, 3 Assembly Print Number 5364A, an act to 4 authorize approval. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 492, by Member of the Assembly -- 17 SENATOR SKELOS: Lay it aside. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 542, by Member of the Assembly McEneny, 22 Assembly Print Number 5222A, an act to amend 23 Chapter 693 of the Laws of 1980. 24 ACTING PRESIDENT VALESKY: 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 3. This 4 act shall take effect upon the adoption by the 5 County of Albany of a local law. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. Nays, 10 1. Senator Golden recorded in the negative. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 557, by Member of the Assembly Farrell, 15 Assembly Print Number 8617, an act to amend 16 the New York State Financial Emergency Act. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 587, by Member of the Assembly P. Lopez, 5 Assembly Print Number 6891, an act to amend 6 the Tax Law. 7 ACTING PRESIDENT VALESKY: There 8 is a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 588, by Member of the Assembly Jordan, 20 Assembly Print Number 4768A, an act to amend 21 the Tax Law. 22 ACTING PRESIDENT VALESKY: There 23 is a home-rule message at the desk. 24 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 589, by Member of the Assembly Latimer, 11 Assembly Print Number 227, an act to amend the 12 Tax Law. 13 ACTING PRESIDENT VALESKY: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. Nays, 22 1. Senator Golden recorded in the negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 Senator Smith. 2 SENATOR SMITH: Yes, 3 Mr. President. I would like to note that the 4 record should reflect that the clock has 5 struck midnight. And I move, pursuant to Rule 6 5, that the Senate remains in session so that 7 we may complete our work. 8 Mr. President, though, prior to us 9 completing our work, I would like to read a 10 statement that Senator John Sampson, Senator 11 Pedro Espada, Senator Dean Skelos, Senator 12 Jeff Klein and myself have put out in the 13 spirit of what we're looking to do with regard 14 to reforming the State Senate. And it reads 15 as follows: 16 "We, as leaders of our respective 17 conferences, have agreed on a framework for 18 historic rules reform that will help us move 19 forward to improve the operation of the State 20 Senate. The reforms encompass many of the 21 recommendations of the Senate Temporary 22 Committee on Rules and Reform that was chaired 23 by Senator Bonacic and chaired by Senator 24 Valesky, as reported on April 21st, as well as

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(518) 371-8910 1 some of the reforms that were advanced on 2 June 8th and we believe will create a more 3 open and bipartisan member-driven body. 4 "These reforms are long overdue. 5 They give each individual Senator the means of 6 effectively representing their constituents 7 and assure each Senator will be treated fairly 8 with respect to the way they do their jobs to 9 the best of their ability. 10 "We believe these rules will 11 empower all 62 members of this body. It will 12 give greater opportunity to get bills moved 13 out of committee and onto the floor for a 14 vote," Senator Squadron. 15 "There will be greater public 16 notification of bills on committee agendas, 17 greater notice on the active list. We will 18 compete with C-SPAN by having our own network 19 in which we will look to have ourselves 20 televised beyond the immediate conditions. 21 "We also have agreed that the 22 Senate administration will be fair and 23 nonpartisan, including access to services such 24 as printing, mailing, and providing equitable

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(518) 371-8910 1 allocation for staff. 2 "We hope the conference will use 3 these reforms, and we hope that we'll be 4 taking these up as soon as next week. But 5 more importantly, we believe by enacting these 6 reforms we hope that the Senate will be a more 7 effective body and will serve the people of 8 the State of New York." 9 Mr. President, we think this is a 10 time for more bipartisanship than this body 11 has ever had. We think we have a 12 responsibility to not only the 19.5 million 13 people -- as our conference leader, Senator 14 John Sampson, so ably says so many times -- 15 but we believe this is an opportunity for us 16 to restore the faith, trust and hope of the 17 people of the State of New York in this body, 18 which is one of and still is one of the most 19 esteemed bodies in this country. We will 20 continue to perform our duty as we continue to 21 move forward on this calendar. 22 So with that, Mr. President, I ask 23 that we return to the noncontroversial 24 calendar and continue to read.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Senator Skelos. 3 SENATOR SKELOS: If I could 4 follow up on the comments made by Senator 5 Malcolm Smith. 6 I believe that sometimes the 7 outside world and perhaps even the media 8 wonders what happened in the past month. We 9 are on the verge, and I believe with the 10 support of the Majority, of really reforming 11 the way this Senate chamber operates in the 12 future. 13 We've been involved in a month-long 14 struggle, but I also believe that the end 15 result, as committed to by Senator Malcolm 16 Smith and Senator John Sampson, is that we 17 will be enacting historic reforms to change 18 the way the process works here and also open 19 up to the sunlight, to all of our constituents 20 and the media, to see exactly how the process 21 works and how we function. 22 It's also going to empower the 23 individual members. I know that this is 24 something that has been extremely important to

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(518) 371-8910 1 Senator Bonacic, who was a cochair of the 2 committee, Senator Winner and Senator Griffo, 3 and in fact every single member of our 4 conference. 5 It's my hope that in the next 6 several days, the reforms -- and I appreciate 7 your reading that statement -- that we felt 8 could have and should have been passed tonight 9 will be enacted when we return next week. 10 I think it's also important to note 11 that, as I've said in the past, perhaps the 12 dramatic steps that were taken on June 8th is 13 also an indication to the public not just that 14 reforms are critically important, but the 15 direction this state was going -- in 16 overspending, overtaxing, payroll taxes, 17 antibusiness, antijob, elimination of STAR 18 rebate checks -- cannot continue in the 19 future. 20 And that's our commitment to the 21 public. I think we've made that statement 22 clear and strong. And certainly I look 23 forward to working with you, Senator Smith, to 24 enact the reforms.

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(518) 371-8910 1 And it's also my hope that the 2 collegiality that we should have within the 3 Senate, and the open and frank discussions and 4 debates, will continue perhaps in a more 5 toned-down way. 6 So again, I appreciate, Senator 7 Smith, your reading that statement. And 8 certainly it's my desire, my hope, and I take 9 you at your word and Senator Sampson at his 10 word that these critical reforms which we 11 started on June 8th will become part of the 12 rules of the Senate next week when we 13 reconvene. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Skelos. 16 There is a motion on the floor by 17 Senator Smith to continue the work of this 18 session day past the midnight hour. All in 19 favor of the motion signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT VALESKY: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 motion carries, and the work of this Senate 2 session will continue, commencing with 3 Calendar Number 590. 4 THE SECRETARY: Calendar Number 5 590, by Member of the Assembly Latimer, 6 Assembly Print Number 289, an act to amend the 7 Tax Law. 8 ACTING PRESIDENT VALESKY: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. Nays, 17 1. Senator Golden recorded in the negative. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 591, by Member of the Assembly Butler, 22 Assembly Print Number 6421A, an act to amend 23 the Tax Law. 24 ACTING PRESIDENT VALESKY: 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 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 592, by Member of the Assembly Hawley, 13 Assembly Print Number 6883, an act to amend 14 Chapter 579 of the Laws of 2004. 15 ACTING PRESIDENT VALESKY: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 593, by Member of the Assembly Lifton, 4 Assembly Print Number 1753, an act to amend 5 the Tax Law. 6 ACTING PRESIDENT VALESKY: There 7 is a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 594, by Member of the Assembly Skartados, 19 Assembly Print Number 8548B, an act to amend 20 the Tax Law. 21 ACTING PRESIDENT VALESKY: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 596, by Member of the Assembly Oaks, Assembly 10 Print Number 7365, an act to amend the Tax 11 Law. 12 ACTING PRESIDENT VALESKY: 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 VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 597, by Member of the Assembly Scozzafava,

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(518) 371-8910 1 Assembly Print Number 8477, an act to amend 2 the Tax Law. 3 ACTING PRESIDENT VALESKY: There 4 is a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 607, by Member of the Assembly Nolan, Assembly 16 Print Number 8135, an act to amend Chapter 425 17 of the Laws of 2002. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 628, by Member of the Assembly Morelle, 6 Assembly Print Number 8611, an act to amend 7 Chapter 748 of the Laws of 2008. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 630, by Member of the Assembly Towns, Assembly 20 Print Number 6923A, an act to amend Chapter 21 322 of the Laws of 2007. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 639, by Member of the Assembly Hooper, 10 Assembly Print Number 7685, an act to amend 11 the Local Finance Law. 12 ACTING PRESIDENT VALESKY: 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 VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. Nays, 21 1. Senator Ranzenhofer recorded in the 22 negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 647, by Member of the Assembly Giglio, 3 Assembly Print Number 4233, an act to amend 4 the Tax Law. 5 ACTING PRESIDENT VALESKY: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 648, by Member of the Assembly Giglio, 18 Assembly Print Number 4234, an act to amend 19 the Tax Law. 20 ACTING PRESIDENT VALESKY: 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.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 649, by Member of the Assembly P. Lopez, 9 Assembly Print Number 4718, an act to amend 10 the Tax Law. 11 ACTING PRESIDENT VALESKY: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of the 16 month next succeeding. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 650, by Member of the Assembly Gordon,

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(518) 371-8910 1 Assembly Print Number 8708, an act to amend 2 Chapter 556 of the Laws of 2007. 3 ACTING PRESIDENT VALESKY: There 4 is a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 651, by Member of the Assembly Hawley, 16 Assembly Print Number 6884, an act to amend 17 the Tax Law. 18 ACTING PRESIDENT VALESKY: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 652, by Member of the Assembly Molinaro, 7 Assembly Print Number 6894, an act to amend 8 the Tax Law. 9 ACTING PRESIDENT VALESKY: There 10 is a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 653, by Member of the Assembly P. Lopez, 22 Assembly Print Number 6890, an act to amend 23 the Tax Law. 24 ACTING PRESIDENT VALESKY: 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 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 654, by Member of the Assembly Parment, 13 Assembly Print Number 7230, an act to amend 14 Chapter 405 of the Laws of 2007. 15 ACTING PRESIDENT VALESKY: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 655, by Member of the Assembly DelMonte, 4 Assembly Print Number 7795, an act to amend 5 the Tax Law. 6 ACTING PRESIDENT VALESKY: There 7 is a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 656, by Member of the Assembly Galef, Assembly 19 Print Number 8454, an act to amend the Public 20 Authorities Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 657, by Member of the Assembly V. Lopez, 9 Assembly Print Number 8691, an act to amend 10 Chapter 555 of the Laws of 1989. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 658, by Member of the Assembly V. Lopez, 23 Assembly Print Number 8529, an act to amend 24 Chapter 915 of the Laws of 1982.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 659, by Member of the Assembly Schimminger, 13 Assembly Print Number 6050, an act to amend 14 Chapter 413 of the Laws of 2003. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 660, by Member of the Assembly Towns, Assembly 3 Print Number 6924B, an act to amend the 4 Banking Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 661, by Member of the Assembly Jaffee, 17 Assembly Print Number 7460A, an act to amend 18 the Public Authorities Law. 19 ACTING PRESIDENT VALESKY: There 20 is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 662, by Member of the Assembly Giglio, 8 Assembly Print Number 7462, an act to amend 9 the Tax Law. 10 ACTING PRESIDENT VALESKY: There 11 is a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 663, by Member of the Assembly Giglio, 23 Assembly Print Number 7721, an act to amend 24 Chapter 331 of the Laws of 2007.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: There 2 is a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 664, by Member of the Assembly Galef, Assembly 14 Print Number 8315, an act to amend Chapter 674 15 of the Laws of 1993. 16 ACTING PRESIDENT VALESKY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 665, by Member of the Assembly Weinstein, 4 Assembly Print Number 8977, an act to amend 5 the Family Court Act and the Domestic 6 Relations Law. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 13. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 666, by Member of the Assembly Amedore, 19 Assembly Print Number 8209, an act to amend 20 the Tax Law. 21 ACTING PRESIDENT VALESKY: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 667, by Member of the Assembly Butler, 10 Assembly Print Number 8116, an act to amend 11 the Tax Law. 12 ACTING PRESIDENT VALESKY: 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 VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 668, by Member of the Assembly Butler,

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(518) 371-8910 1 Assembly Print Number 8115, an act to amend 2 Chapter 489 of the Laws of 2004. 3 ACTING PRESIDENT VALESKY: There 4 is a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 669, by Member of the Assembly Farrell, 16 Assembly Print Number 8614, an act to amend 17 the Public Authorities Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 670, by Member of the Assembly Schimel, 6 Assembly Print Number 7606, an act to amend 7 Chapter 602 of the Laws of 1993. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 671, by Member of the Assembly Zebrowski, 20 Assembly Print Number 8057A, an act to amend 21 the Tax Law. 22 ACTING PRESIDENT VALESKY: There 23 is a home-rule message at the desk. 24 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 672, by Member of the Assembly Nolan, Assembly 11 Print Number 8710, an act authorizing the 12 Commissioner of Education. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. Nays, 21 1. Senator Ranzenhofer recorded in the 22 negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 673, by Member of the Assembly Schimminger, 3 Assembly Print Number 8891, an act to amend 4 Part L of Chapter 60 of the Laws of 2004. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 674, by Member of the Assembly Farrell, 17 Assembly Print Number 8615, an act to amend 18 the Administrative Code of the City of 19 New York. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 675, by Member of the Assembly Farrell, 8 Assembly Print Number 8618, an act to amend 9 the Local Finance Law and Chapter 413 of the 10 Laws of 1991. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 676, by Member of the Assembly Farrell, 23 Assembly Print Number 8616, an act to amend 24 the Local Finance Law.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 677, by Member of the Assembly Gantt, Assembly 13 Print Number 8469, an act to amend the Tax 14 Law. 15 ACTING PRESIDENT VALESKY: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 678, by Member of the Assembly Sweeney, 4 Assembly Print Number 7227A, an act to amend 5 the Suffolk County Tax Act. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 679, by Member of the Assembly Destito, 18 Assembly Print Number 8422, an act to amend 19 the Tax Law. 20 ACTING PRESIDENT VALESKY: 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.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 680, by Member of the Assembly Silver, 9 Assembly Print Number 8376, an act to amend 10 the Election Law. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 681, by Member of the Assembly Bing, Assembly 23 Print Number 8327, an act to amend Chapter 292 24 of the Laws of 2007.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 682, by Member of the Assembly Parment, 13 Assembly Print Number 8502, an act to amend 14 the Tax Law. 15 ACTING PRESIDENT VALESKY: There 16 is a home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 683, by Member of the Assembly Kolb, Assembly 4 Print Number 8514, an act to amend the Tax 5 Law. 6 ACTING PRESIDENT VALESKY: There 7 is a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 684, by Member of the Assembly Finch, Assembly 19 Print Number 8666, an act to amend the Tax 20 Law. 21 ACTING PRESIDENT VALESKY: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 685, by Member of the Assembly Wright, 10 Assembly Print Number 6825, an act to amend 11 Chapter 92 of the Laws of 2001. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 686, by Member of the Assembly V. Lopez, 24 Assembly Print Number 8048, an act to amend

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(518) 371-8910 1 the Real Property Tax Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 687, by Member of the Assembly Gunther, 14 Assembly Print Number 8347, an act to amend 15 the Tax Law. 16 ACTING PRESIDENT VALESKY: There 17 is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 688, by Member of the Assembly Skartados, 5 Assembly Print Number 8688, an act to amend 6 the Tax Law and Chapter 200 of the Laws of 7 2002. 8 ACTING PRESIDENT VALESKY: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 689, by Member of the Assembly Sayward, 21 Assembly Print Number 8629, an act to amend 22 Chapter 326 of the Laws of 2006. 23 ACTING PRESIDENT VALESKY: There 24 is a home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 690, by Member of the Assembly Thiele, 12 Assembly Print Number 8682, an act to amend 13 Chapter 282 of the Laws of 2008. 14 ACTING PRESIDENT VALESKY: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 691, by Member of the Assembly Galef, Assembly 3 Print Number 8459A, an act to amend the Tax 4 Law. 5 ACTING PRESIDENT VALESKY: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 692, by Member of the Assembly Nolan, Assembly 18 Print Number 8564, an act to amend the 19 Education Law. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 10. This 23 act shall take effect July 1, 2009. 24 ACTING PRESIDENT VALESKY: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 693, by Member of the Assembly Gunther, 8 Assembly Print Number 8045A, an act to amend 9 Chapter 738 of the Laws of 2005. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 694, by Member of the Assembly Englebright, 22 Assembly Print Number 8660, an act to amend 23 Chapter 138 of the Laws of 1998. 24 ACTING PRESIDENT VALESKY: 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 VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 695, by Member of the Assembly Calhoun, 12 Assembly Print Number 7143B, an act to amend 13 the Tax Law. 14 ACTING PRESIDENT VALESKY: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 696, by Member of the Assembly P. Lopez, 3 Assembly Print Number 8831, an act to amend 4 Chapter 333 of the Laws of 2006. 5 ACTING PRESIDENT VALESKY: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 697, by Member of the Assembly Sayward, 18 Assembly Print Number 8936, an act to amend 19 the Tax Law. 20 ACTING PRESIDENT VALESKY: 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.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 698, by Member of the Assembly Barron, 9 Assembly Print Number 8838, an act to amend 10 the Private Housing Finance Law. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 699, by Member of the Assembly Silver, 23 Assembly Print Number 8889, an act to amend 24 the Administrative Code of the City of

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(518) 371-8910 1 New York and the Tax Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 700, by Member of the Assembly Lifton, 14 Assembly Print Number 8923B, an act to amend 15 the County Law. 16 ACTING PRESIDENT VALESKY: There 17 is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 701, by Member of the Assembly Nolan, Assembly 5 Print Number 8894, an act to amend Chapter 352 6 of the Laws of 2005. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect July 1, 2009. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 702, by Member of the Assembly V. Lopez, 19 Assembly Print Number 8796, an act to amend 20 the General Municipal Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect July 15, 2009.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 704, by Member of the Assembly Farrell, 9 Assembly Print Number 8867, an act to amend 10 the Administrative Code of the City of 11 New York. 12 ACTING PRESIDENT VALESKY: 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 VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 705, by Member of the Assembly Abbate,

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(518) 371-8910 1 Assembly Print Number 8933, an act to amend 2 the Administrative Code of the City of 3 New York. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section -- 7 SENATOR LIBOUS: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 706, by Member of the Assembly Hoyt, Assembly 12 Print Number 8920 -- 13 SENATOR LIBOUS: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 707, by Member of the Assembly Silver, 18 Assembly Print Number 8868, an act to amend 19 the General City Law and the Administrative 20 Code of the City of New York. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 708, by Member of the Assembly Galef, Assembly 9 Print Number 7252, an act to amend the Tax 10 Law. 11 ACTING PRESIDENT VALESKY: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 709, by Member of the Assembly Galef, Assembly 24 Print Number 7350, an act to amend the Tax

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(518) 371-8910 1 Law. 2 ACTING PRESIDENT VALESKY: There 3 is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 710, by Member of the Assembly Hyer-Spencer, 15 Assembly Print Number 8895, an act to amend 16 the Real Property Tax Law. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 711, by Member of the Assembly Eddington, 5 Assembly Print Number 8391, an act to amend 6 Chapter 57 of the Laws of 2005. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 715, by Member of the Assembly Fields -- 19 SENATOR LaVALLE: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 716, by Member of the Assembly Gottfried, 24 Assembly Print Number 9036, an act to amend

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(518) 371-8910 1 Chapter 266 of the Laws of -- 2 SENATOR RANZENHOFER: Lay it 3 aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 717, by Member of the Assembly Cahill, 8 Assembly Print Number 9039, an act to amend 9 the Economic Development Law. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 718, by Member of the Assembly Espaillat, 22 Assembly Print Number 8737, an act to amend 23 the Executive Law. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Senator Ranzenhofer, why do you rise? 2 SENATOR RANZENHOFER: I withdraw 3 my request that 716 be laid aside. 4 ACTING PRESIDENT VALESKY: You're 5 withdrawing your lay-aside -- 6 SENATOR RANZENHOFER: Yeah, I 7 withdraw my request to lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 Secretary will continue reading Calendar 718. 10 THE SECRETARY: Calendar Number 11 718, by Member of the Assembly Espaillat, 12 Assembly Print Number 8737, an act to amend 13 the Executive Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 The Secretary will return to

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(518) 371-8910 1 Calendar Number 716. 2 THE SECRETARY: Calendar Number 3 716, by Member of the Assembly Gottfried, 4 Assembly Print Number 9036, an act to amend 5 Chapter 266 of the Laws of 1986. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 719, by Member of the Assembly Zebrowski, 18 Assembly Print Number 6564A, an act to amend 19 the County Law. 20 ACTING PRESIDENT VALESKY: 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.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. Nays, 5 1. Senator Lanza recorded in the negative. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 720, by Member of the Assembly Destito, 10 Assembly Print Number 8423, an act to amend 11 Chapter 1 of the Laws of 2005. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 721, by Member of the Assembly Cymbrowitz, 24 Assembly Print Number 8713, an act to amend

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(518) 371-8910 1 Chapter 122 of the Laws of 2000. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 722, by Member of the Assembly Canestrari, 14 Assembly Print Number 8864, an act to amend 15 the Education Law. 16 ACTING PRESIDENT VALESKY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the same date and in 20 the same manner as Section 1 of Part F of 21 Chapter 57 of the Laws of 2009. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 723, by Member of the Assembly Nolan, Assembly 6 Print Number 8893, an act to amend the 7 Education Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect July 1, 2009. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 724, by Member of the Assembly Abbate, 20 Assembly Print Number -- 21 SENATOR WINNER: Lay it aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 725, by Member of the Assembly Pretlow, 2 Assembly Print Number 8103A, an act providing 3 for accelerated pavements. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 726, by Member of the Assembly Magnarelli, 16 Assembly Print Number 8694, an act in relation 17 to authorizing. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 Senator Smith, that completes the 5 noncontroversial reading of Senate 6 Supplemental Calendar 59A. 7 SENATOR SMITH: Thank you, 8 Mr. President. 9 I would ask at this time that we 10 move to the reading of the controversial 11 supplemental calendar. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will ring the bells. 14 I ask all members to return to the 15 chamber so that we may proceed with the 16 controversial reading. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 415, by Member of the Assembly Englebright, 20 Assembly Print Number 8145, an act to amend 21 the Tax Law. 22 SENATOR LaVALLE: Explanation. 23 ACTING PRESIDENT VALESKY: An 24 explanation of Calendar Number 415 has been

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(518) 371-8910 1 requested, Senator Foley. 2 SENATOR FOLEY: Yes, thank you, 3 Mr. President. 4 This was an initiative that has 5 been requested by the County of Suffolk 6 wherein on a bipartisan basis the county 7 legislature, along with the county executive, 8 have requested of this body, as they have of 9 the Assembly, to extend and to increase the 10 hotel/motel tax for Suffolk County from 11 1 percent to 3 percent. And even at 12 3 percent, it would be among the lowest 13 hotel/motel taxes anywhere in the State of 14 New York, and certainly lower than many in the 15 adjoining states. 16 When you read the body of the 17 resolution, it speaks to how the additional 18 funds will be utilized by the County of 19 Suffolk. They'll be used in such fashion as 20 to improve the county parklands, they'll be 21 used to help improve cultural events and 22 cultural affairs in the county, and they'll 23 also be used in order to promote tourism 24 throughout Suffolk County as well.

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(518) 371-8910 1 So it's for those basic reasons 2 that the county government, both the county 3 executive and the county legislature -- again, 4 in a bipartisan basis -- have asked for this 5 increase in the hotel/motel tax to reflect 6 the, let's say, increase in interest among the 7 policymakers to have both parklands as well as 8 cultural events as well as having, let's say, 9 a more effective promotion of the hotels and 10 motels and cultural venues throughout the 11 County of Suffolk. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Foley. 14 Senator LaValle. 15 SENATOR LaVALLE: Yes, would 16 Senator Foley yield to just a few questions? 17 ACTING PRESIDENT VALESKY: 18 Senator Foley, do you yield? 19 SENATOR FOLEY: Yes. 20 ACTING PRESIDENT VALESKY: The 21 sponsor yields. 22 SENATOR LaVALLE: I see in the 23 bill that the tax was 3/4 of 1 percent; is 24 that correct?

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(518) 371-8910 1 SENATOR FOLEY: Yes. Again, let 2 the record reflect that this is a resolution 3 that has been sponsored by the Governor and 4 that we have moved forward tonight. 5 Yes, the answer is correct, 6 Senator, the increase is from 3/4 percent to 7 3 percent. 8 SENATOR LaVALLE: Okay. In your 9 original remarks you had said 1 percent. 10 SENATOR FOLEY: Correct. I stand 11 corrected. 12 SENATOR LaVALLE: You said the 13 Governor has requested this? 14 SENATOR FOLEY: This is a Rules 15 bill that comes out of the Rules Committee. 16 The Governor has stated his support for this 17 particular resolution, yes. 18 SENATOR LaVALLE: Okay. So this 19 money is going to come into county. 20 SENATOR FOLEY: Correct. 21 SENATOR LaVALLE: And what is the 22 mechanism that will distribute these monies? 23 SENATOR FOLEY: Again, let the 24 record reflect that the 24 percent of the

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(518) 371-8910 1 increase will be distributed for tourism, 10 2 to 15 percent for cultural affairs, 5 to 3 10 percent for museums on county properties, 4 8 percent to other museums in the county, and 5 up to 2 percent for film production or film 6 promotion, and 20 percent for parks. 7 SENATOR LaVALLE: And this bill, 8 should the Governor sign it, would sunset in 9 what year? 10 SENATOR FOLEY: 2015. 11 SENATOR LaVALLE: 2015. Thank 12 you, Senator. 13 SENATOR FOLEY: Okay, thank you. 14 SENATOR LaVALLE: On the bill, 15 Mr. President. 16 ACTING PRESIDENT VALESKY: 17 Senator LaValle, on the bill. 18 SENATOR LaVALLE: One of the 19 reasons why I'm going to oppose this bill is 20 the mechanism, which is our county Convention 21 Tourism Visitors Bureau, is probably one of 22 the biggest disasters that has been created. 23 The website really, while it has 24 been updated, is really not a very good

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(518) 371-8910 1 website. Promises that were made to the east 2 end of Long Island and to those individuals 3 who run golf courses was never really abided 4 or fulfilled. We have, as many of you know, 5 some of the finest golf venues. When the 6 director came in of our visitors bureau, we 7 were going to be the Myrtle Beach of the east. 8 We were going to be a county that people would 9 really think we were the best. 10 Instead, we have, in the east end, 11 some of the biggest venues with the wine 12 trails, some of the greatest historic venues, 13 and they really have not been promoted. 14 The east end, that I represent, has 15 opposed such increases in the hotel/motel tax 16 because we, in the distribution mechanism, do 17 not get a fair share. And so this legislation 18 really in terms of -- is taking money -- I 19 think it raises about 3 million, is an 20 estimate -- is taking money and pouring it 21 down the drain. 22 If we had a visitors bureau that 23 was exemplary, I wouldn't be on this floor. I 24 might complain that the east end of Long

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(518) 371-8910 1 Island gets shortchanged. But our venues, 2 from the west end to the east end of 3 Long Island, has not been promoted, has not 4 been promoted the way it should. 5 So to have a piece of legislation 6 that continues this tax until the year 2015 is 7 I think irresponsible. I don't believe that 8 we have the kind of accountability 9 mechanisms -- while we have improved, we are 10 far from where we should be in this age of 11 transparency and accountability. 12 So, Senator Foley, I'm going to 13 oppose this legislation. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator LaValle. 16 Are there any other Senators who 17 wish to be heard? 18 Senator Foley. 19 SENATOR FOLEY: Thank you, 20 Mr. President. 21 Let me just sum up; I know the hour 22 is late. And having served in the county 23 legislature for 12 years, and also on the 24 Parks Committee, the points are well-taken

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(518) 371-8910 1 that were made by Senator LaValle as far as 2 the past practices of the Visitors Convention 3 Bureau on Long Island. 4 However, a number of improvements 5 have been made over the years, to the point 6 where, again, tonight I can speak with full 7 confidence that the great majority of county 8 legislators who will be overseeing this 9 particular program, on a strong bipartisan 10 basis, support this particular initiative. 11 Because, yes, by raising this hotel/motel tax 12 from 3/4 to 3 percent -- which, again, stays 13 still among the lowest anywhere in the State 14 of New York, and certainly much lower than 15 adjoining states -- it will enable the County 16 of Suffolk to promote a number of venues that 17 up to this point, as Senator LaValle 18 mentioned, have not been adequately or 19 effectively promoted. 20 Part of the reason why it's been 21 ineffective is the allocation of funding has 22 not been there suitable enough in order to 23 promote those particular venues. This will 24 enable them to do so.

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(518) 371-8910 1 Additionally, we live in a time 2 where fewer people are going abroad or going 3 to other parts of the country to vacation. 4 This will allocate additional money to improve 5 our county parks. And one thing that we have 6 seen in Suffolk County, that we have residents 7 from the greater metropolitan New York area 8 who come out to Suffolk County for vacation; 9 it's called staycation. They may not go too 10 far from home; they will come to Suffolk 11 County. 12 We need to improve those parks so 13 they can enjoy, let's say, the full measure of 14 what Suffolk has to offer. This particular 15 resolution will enable the county to improve 16 those parks and, in so doing, improve the park 17 experience that many families come to our 18 county to enjoy. 19 So those are some of the reasons 20 why we have strong support for this resolution 21 by both sides of the aisle in the county 22 legislature in Suffolk County. 23 Thank you, Mr. President. 24 ACTING PRESIDENT VALESKY: Thank

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(518) 371-8910 1 you, Senator Foley. 2 The debate is closed. 3 The Secretary will ring the bells. 4 The Secretary will read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT VALESKY: 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 415 are 15 Senators Bonacic, DeFrancisco, Flanagan, 16 Fuschillo, Golden, Griffo, Hannon, O. Johnson, 17 Lanza, Larkin, LaValle, Leibell, Libous, 18 Marcellino, Nozzolio, Padavan, Ranzenhofer, 19 Robach, Saland, Skelos, Volker and Winner. 20 Ayes, 40. Nays, 22. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 431, by Member of the Assembly Abbate,

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(518) 371-8910 1 Assembly Print Number 2782, an act to amend 2 Chapter 929 of the Laws of 1986. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT VALESKY: 11 Senator Hannon, to explain his vote. 12 SENATOR HANNON: Thank you, 13 Mr. President. 14 Obviously, this bill extends the 15 binding arbitration provisions for the MTA. I 16 simply think, in light of the circumstances 17 that's taken place with the MTA -- the tax, 18 the strike, the special provisions of, if you 19 read through the law that we're amending here, 20 what's in the bill is just the effective 21 dates -- that we're doing a disservice to 22 people who are in the metropolitan 23 transportation region by just merely extending 24 this.

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(518) 371-8910 1 I think this there needs to be some 2 thought. This is a statute that was passed 3 originally over two decades ago. I don't 4 think it's worked well. I think it needs a 5 lot of study. 6 When we passed the MTA transit 7 payroll tax earlier, we were supposed to have 8 a reorganization study of the MTA. I haven't 9 seen that. 10 So I don't think this is an 11 appropriate bill at the moment, and I'm voting 12 against it. 13 ACTING PRESIDENT VALESKY: 14 Senator Hannon to be recorded in the negative. 15 Senator Saland, to explain his 16 vote. 17 SENATOR SALAND: Thank you, 18 Mr. President. 19 Mr. President, I endured in the 20 past couple of months perhaps one of the most 21 horrendous experiences that I have ever been 22 forced to endure in all my years of public 23 service, and that was the MTA package that 24 savaged, absolutely savaged my county. This

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(518) 371-8910 1 apparent icon of inefficiency, this bloated, 2 excessively costly, abusive system in which my 3 county happens to be a revenue hostage. 4 Nobody has done, other than lip 5 service, anything to take these people to 6 task. There is absolutely nothing that should 7 be done in any way, shape or form to assist 8 them as they continue to squander money, abuse 9 taxpayers, charge excessive amounts to those 10 who use their service. 11 And in my particular case, there 12 are so few people who use the service, and yet 13 my county, for somewhere in the area of about 14 6,000 commuters, now pays over $85 million for 15 the wonderful distinction of being a revenue 16 hostage. 17 I'll vote in the negative each and 18 every time I have the opportunity to vote 19 against the MTA. 20 Thank you. 21 ACTING PRESIDENT VALESKY: 22 Senator Saland to be recorded in the negative. 23 Announce the results. 24 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 431 are 2 Senators Bonacic, DeFrancisco, Flanagan, 3 Fuschillo, Hannon, Lanza, Larkin, LaValle, 4 Leibell, Libous, Little, Marcellino, McDonald, 5 Morahan, Nozzolio, Ranzenhofer, Saland, Seward 6 and Skelos. Also Senator Farley. Also 7 Senator Griffo. Also Senator Winner. Also 8 Senator O. Johnson. Also Senator Maziarz. 9 Ayes, 38. Nays, 24. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 492, by Member of the Assembly Hoyt, Assembly 14 Print Number 8570, an act in relation to 15 redistributing 2008 bond volume allocations. 16 ACTING PRESIDENT VALESKY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 705, by Member of the Assembly Abbate, 4 Assembly Print Number 8933, an act to amend 5 the Administrative Code of the City of 6 New York. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect July 1, 2009. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 SENATOR SALAND: Mr. President, 15 what was that calendar number? 16 ACTING PRESIDENT VALESKY: 17 Calendar Number 705. 18 SENATOR SALAND: Thank you. 19 ACTING PRESIDENT VALESKY: 20 Results. 21 THE SECRETARY: Ayes, 62. Nays, 22 0. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 706, by Member of the Assembly Hoyt, Assembly 3 Print Number 8920, an act to amend Chapter 605 4 of the Laws of 2000. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 715, by Member of the Assembly Fields, 17 Assembly Print Number 7064, an act to amend 18 the Vehicle and Traffic Law and the State 19 Finance Law. 20 ACTING PRESIDENT VALESKY: 21 Senator LaValle. 22 SENATOR LaVALLE: Yes, 23 Mr. President, on the bill. The hour is 24 getting late.

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(518) 371-8910 1 This bill indicates that monies 2 received by such funds shall be expended 3 pursuant to an appropriation. What everyone 4 should know is that members of the Long Island 5 delegation have worked for many years to 6 secure funding for the police to patrol the 7 Long Island Expressway and the Sunrise 8 Highway. 9 I was offering an amendment, but 10 what my amendment was trying to do was to say 11 that the money received by such fund shall be 12 expended directly to the counties of Suffolk 13 and Nassau to provide funding for the cost of 14 staffing the patrol units for the Long Island 15 Expressway and the Sunrise Highway in both 16 Suffolk and Nassau, and also allow for those 17 municipalities outside of the police district 18 only in the County of Suffolk on a 19 proportional basis to receive some monies to 20 patrol the state highways. 21 I guess what I am talking about 22 is -- and I think a lot of members in the 23 Assembly voted against this bill because it's, 24 again, some hope that the appropriation will

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(518) 371-8910 1 be there in the future. 2 So I am not going to support this 3 bill, because I believe that the monies should 4 go directly to both counties that this bill 5 intends to help. And I believe if the 6 language in the bill said that, I would be 7 supporting it, because it's a goal that we in 8 both Nassau and Suffolk Counties have sought, 9 to have proper patrolling of the highways. 10 So when the bill comes up for a 11 vote, Mr. President, I am going to vote in the 12 negative. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator LaValle. 15 Senator Flanagan, on the bill. 16 SENATOR FLANAGAN: Thank you, 17 Mr. President. Just a couple of observations 18 following up on some of the things that 19 Senator LaValle said. 20 Relative to this bill, I have 21 couple of issues that I think are important 22 and should be important to all of us. Number 23 one, there's no home-rule message from Nassau 24 or Suffolk County.

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(518) 371-8910 1 And I know there are those who will 2 say, well, this is the type of bill you don't 3 really need one. But we get caught in this 4 situation all the time where we have 5 purportedly these requests coming from 6 counties. If they want it, they should be 7 sending us a home-rule message saying they 8 want it. 9 Because what they're going to do, 10 ladies and gentlemen -- you all know this -- 11 this bill is going to pass, they're going to 12 enact something locally, and then they're 13 going to turn around and tell everybody, hey, 14 the State of New York passed a law. They're 15 going to blame us. They're going to blame us. 16 That's number one. 17 Number two, Senator LaValle is 18 absolutely right. The provisions in this bill 19 make no guarantee whatsoever in any way, shape 20 or form that this money is actually going to 21 go to the place that it's intended. This 22 money can be kept by the State of New York, 23 it's a special fund set up by the Comptroller, 24 the Governor can take this money right away.

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(518) 371-8910 1 So there's no guarantee that it's supposed to 2 get to the place that it was originally 3 intended to go. 4 On top of that, there's no sunset. 5 There's no sunset in here. It's a 6 permanentizing something that is going to cost 7 people more money. 8 And finally, I do believe we are 9 getting to the point where we need to take a 10 serious look at the taxes and fees more so 11 than we are doing right now. 12 Do I think people who have traffic 13 infractions should pay a fine? Yes. But 14 we're getting to the point where to register 15 your car, to pay insurance, to put gas in the 16 car, everything is getting so frightfully 17 expensive. This is another $50 surcharge on 18 top of the surcharges that we already have, on 19 top of the fines that we originally imposed. 20 We're getting to the point of saturation, and 21 we're absolutely killing the taxpayers. 22 This bill is replete with problems 23 independent of some of the things that Senator 24 LaValle mentioned regarding the police. It

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(518) 371-8910 1 should not be passed. 2 ACTING PRESIDENT VALESKY: Thank 3 you, Senator Flanagan. 4 Are there any other Senators who 5 wish to be heard? 6 Senator Diaz. 7 SENATOR DIAZ: Thank you, 8 Mr. President. 9 Because I refuse to burden the 10 people of the State of New York with taxes and 11 taxes and taxes and taxes, I'm joining my 12 colleagues over there in voting no on this 13 bill. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Diaz. 16 The debate is closed. 17 The Secretary will read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Senator Smith. 2 SENATOR SMITH: Yes, 3 Mr. President, will you withdraw the roll call 4 and lay this bill aside for the day. 5 ACTING PRESIDENT VALESKY: The 6 roll call is withdrawn, and the bill is laid 7 aside for the day. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 724, by Member of the Assembly Abbate, 12 Assembly Print Number 9037, an act to amend 13 the Retirement and Social Security Law. 14 ACTING PRESIDENT VALESKY: 15 Senator Winner. 16 SENATOR WINNER: Senator Valesky, 17 Mr. President, this legislation is really a 18 very, very large piece of legislation that has 19 a very, very big impact on the pension fund of 20 the State of New York. 21 As you know, most of you know, the 22 pension fund in the last fiscal year has lost 23 $44 billion in its value, over 26 percent of 24 its overall value of the pension system. And

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(518) 371-8910 1 therefore, some people could say that the 2 performance of that fund has not been doing 3 particularly well. 4 This bill is also at the request of 5 the Comptroller. And while it is seemingly 6 intended to try to minimize the impact that 7 localities may have on burgeoning pension 8 contributions as a result of losses in the 9 possession fund, it will further exacerbate 10 additional losses to the fund due to the fact 11 that the underlying assumptions as to how 12 its -- the rate of payback for the loans that 13 are basically in the billions of dollars that 14 are being authorized now from the pension fund 15 will now get rates of return to pay back those 16 funds that are less than the assumptions of 17 the amount of return that the pension fund was 18 supposed to get in order to remain actuarially 19 sound. 20 This is an extraordinarily reckless 21 proposal. And to advance it at 1 o'clock in 22 the morning, when it is going to authorize the 23 largest borrowing in the history of the State 24 of New York as against the pension system, in

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(518) 371-8910 1 my judgment is something that we should not be 2 going into very, very quickly in this hour 3 without a great deal of additional study and 4 work. 5 I am fearful that this bill is 6 reckless, it will cost the pension system even 7 more money, it will cost municipalities more 8 money in the end because it will further erode 9 the value of that fund, which then they have 10 to make up in the end. 11 So while it sounds like a nice 12 little rollover of contributions in 13 amortizing -- oh, it's got nice little terms 14 and phrases in it -- the underlying 15 assumptions and the amount of money that will 16 be paid in the form of interest will be less 17 than the amount of money that the pension fund 18 was presumed to be able to earn in any 19 particular time. 20 Mr. President, I urge that this 21 bill be either withdrawn, laid aside, or 22 certainly defeated at this time, because I 23 don't think that we should be going into it in 24 this fashion without a lot further

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(518) 371-8910 1 understanding. And there is no urgency to do 2 it at this time. 3 ACTING PRESIDENT VALESKY: Thank 4 you, Senator Winner. 5 Are there any other Senators who 6 wish to be heard? 7 Seeing none, the debate is closed. 8 The Secretary will read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT VALESKY: 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 724 are 19 Senators Alesi, Bonacic, DeFrancisco, Diaz, 20 Farley, Flanagan, Fuschillo, Golden, Griffo, 21 Hannon, Huntley, O. Johnson, Klein, C. Kruger, 22 Lanza, Larkin, LaValle, Leibell, Libous, 23 Little, Marcellino, Maziarz, McDonald, 24 Morahan, Nozzolio, Padavan, Perkins,

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(518) 371-8910 1 Ranzenhofer, Robach, Saland, Seward, Skelos, 2 Volker, Winner and Young. 3 Ayes, 27. Nays, 35. 4 ACTING PRESIDENT VALESKY: The 5 bill fails. 6 Senator Smith, that completes the 7 controversial reading of Senate Supplemental 8 Calendar Number 59A. 9 SENATOR SMITH: Now, 10 Mr. President, I ask that we move to the 11 reading of the supplemental active list. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will proceed with the 14 noncontroversial reading of the supplemental 15 active list. 16 THE SECRETARY: Calendar Number 17 712, by Member of the Assembly Abbate, 18 Assembly Print Number 8954, an act to amend 19 the Civil Service Law. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 713, by Member of the Assembly Abbate, 8 Assembly Print Number 8955, an act to amend 9 the Civil Service Law and the State Finance 10 Law. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 714, by Member of the Assembly Abbate, 23 Assembly Print Number 8898, an act in relation 24 to the implementation of terms.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 Senator Smith, that completes the 12 noncontroversial reading of the supplemental 13 active list. 14 SENATOR SMITH: Thank you very 15 much, Mr. President. 16 I would now move to reconsider the 17 vote by which Assembly Bill 8866 was lost on 18 June 30, 2009. I further move that said bill 19 be restored to the order of third reading. 20 ACTING PRESIDENT VALESKY: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 703, by Member of the Assembly Farrell, 24 Assembly Print Number 8866, an act to amend

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(518) 371-8910 1 the Tax Law. 2 ACTING PRESIDENT VALESKY: The 3 Secretary will call the roll on 4 reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT VALESKY: The 8 bill is restored to the Third Reading 9 Calendar. 10 SENATOR SMITH: Mr. President, I 11 now move to table said bill, and I now move to 12 take from the table the motion to reconsider 13 the vote by which Assembly Bill Number 8866 14 was lost on June 30, 2009. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 703, by Member of the Assembly Farrell, 19 Assembly Print Number 8866, an act to amend 20 the Tax Law and the Administrative Code of the 21 City of New York. 22 ACTING PRESIDENT VALESKY: The 23 Secretary will call the roll on 24 reconsideration.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 62. 3 ACTING PRESIDENT VALESKY: 4 Senator Smith. 5 SENATOR SMITH: Mr. President, I 6 further move that said bill be restored to the 7 order of third reading. 8 ACTING PRESIDENT VALESKY: The 9 bill is restored to the Third Reading 10 Calendar. 11 SENATOR SMITH: Now, 12 Mr. President, I move that we take up this 13 bill. 14 ACTING PRESIDENT VALESKY: The 15 bill is before the house. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 703, by Member of the Assembly Farrell, 19 Assembly Print Number 8866, an act to amend 20 the Tax Law. 21 SENATOR DIAZ: Lay it aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 Senator Smith.

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(518) 371-8910 1 SENATOR SMITH: Yes, 2 Mr. President, I now ask that we will take up 3 the controversial Bill 703. 4 ACTING PRESIDENT VALESKY: The 5 Secretary will proceed with the controversial 6 reading of Calendar Number 703. 7 THE SECRETARY: Calendar Number 8 703, by Member of the Assembly Farrell, 9 Assembly Print Number 8866, an act to amend 10 the Tax Law and the Administrative Code of the 11 City of New York. 12 ACTING PRESIDENT VALESKY: 13 Senator Diaz. 14 SENATOR DIAZ: On the bill. 15 ACTING PRESIDENT VALESKY: 16 Senator Diaz, on the bill. 17 SENATOR DIAZ: What time is it, 18 Mr. President? It is ten minutes after 1:00. 19 And because we all love to be here and do the 20 people's work, I'm going to help all of you 21 stay here for one more hour. I plan to speak 22 for one hour so we can do the people's work as 23 the Governor has stated we are supposed to do. 24 He wants us to work.

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(518) 371-8910 1 But, ladies and gentlemen, to the 2 members of that aisle over there, there was a 3 tax for Nassau County, and I voted against it. 4 I voted against the tax, and I joined you. I 5 joined you because I don't believe in taxes. 6 I don't believe that the people of the State 7 of New York have to keep being punished tax 8 after tax after tax. 9 I'm asking you now, now I'm asking 10 you to do the same here for the City of 11 New York. I joined you, I voted with you to 12 kill some tax for you earlier to help your 13 constituents. I crossed the aisle, I crossed 14 my party to go with you to help you guys so 15 you could stop taxes for your people. 16 Now I'm asking you now, join with 17 me now. Join me now. Show me that you care. 18 Show me that you are my friends. Show me that 19 I can work with you when we need each other. 20 I make a lot of enemies. See, I took a 21 chance. I crossed my party, I went to you to 22 help you people in Nassau County so you people 23 don't get taxes. 24 So now the people of the City of

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(518) 371-8910 1 New York, the bodegueros, the taxi drivers, 2 the senior citizens, the poor people of the 3 City of New York are being burdened with 4 taxes. MTA taxes, subway taxes, taxes on 5 meals, cigarette taxes. There is not a single 6 tax that the mayor of the City of New York 7 doesn't like. Name it, and he tax, tax. 8 So I'm asking you again, join me so 9 I could see that in the future I could jump 10 too and join you when you really need me. I 11 need you today. I challenge you, I'm 12 challenging you today, join me. Let's stop 13 the burden of the people of the State of 14 New York. And I just proved to you that I 15 could do it, that when I want I could jump. 16 Proven to me that you could jump too. 17 And we could stop the taxes for the 18 City of New York. We just stopped the taxes 19 for Nassau County. Ladies and gentlemen, Liz 20 Benjamin -- 21 (Laughter.) 22 SENATOR DIAZ: -- we stopped 23 taxes. Fifteen minutes after 1:00, I've got 24 50 more minutes.

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(518) 371-8910 1 Mr. Leader, I crossed you today, my 2 leader -- two leaders -- today I just crossed 3 my new majority leader to join you guys to 4 show you that I care for the people of Nassau 5 County. As you should care for the people of 6 the City of New York. 7 So join me. Let's see if we could 8 have a partnership. Let's see if in the 9 future Reverend Diaz -- let's see if in the 10 future Reverend Diaz could say, Senator 11 Skelos, I'm going to join you today. Let's 12 see. Let's see if in the future Senator 13 Reverend Diaz could say: Senator Libous, I'm 14 going to join you today, I'm going to cross 15 lines and I'm going to join you today because 16 I believe in what you're doing. Let's see if 17 I could do that in the future. Because I did 18 it tonight. 19 And I was no fool when I was doing 20 that; I knew what I was doing. I knew what I 21 was doing. I was throwing you a peace 22 offering. Peace offering. And I did it, and 23 my leader looked at me and said, "What are you 24 doing?" I was helping the people of Nassau

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(518) 371-8910 1 County. 2 So now I'm asking that you help the 3 people of the City of New York -- the 4 bodegueros, the taxi drivers, the senior 5 citizens, people that have been burdened with 6 taxes. Taxes on taxis. Taxes on horse rides. 7 Taxes on milk. Taxes on subways. Taxes on 8 cigarettes. Taxes -- even the mayor wanted to 9 put taxes on plastic bags, garbage, plastic 10 bags. Taxes all over. 11 So this is one of them. This is 12 one of the taxes. But you know, the mayor of 13 the City of New York could -- to solve the 14 problem, he could cease with so -- they have 15 so many consultant contracts wasting millions 16 and millions and millions of dollars in 17 consultant contracts. They could do away with 18 that. They don't have to impose taxes to the 19 people. 20 When I was growing up in 21 Puerto Rico -- I got 40 more minutes. I got 22 40 more minutes. When I was growing up in 23 Puerto Rico, in Barrio Hato Tejas, Bayamon, 24 there was no taxes at that time. People used

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(518) 371-8910 1 to go to any palm tree or to the coconut tree 2 or whatever you want to call it, and we 3 used -- you know, there was no taxes, none of 4 those things. 5 But now, in the City of New York, 6 67 years later, I see taxes to senior 7 citizens, taxes to everybody. 8 So I don't want to -- I don't want 9 to punish you anymore. I just -- look, is she 10 sleeping? Don't sleep on me. Don't go to 11 sleep on me now. 12 Just I'm asking you to help me 13 prevent taxes for the people of the City of 14 New York as I helped you prevent taxes for the 15 people of Nassau County. 16 So, Senator Skelos, I never lie. I 17 have always been truthful to you. I give you 18 my hand, I keep my word. So I'm telling you 19 right now, in front of all -- of everybody and 20 in front of Liz Benjamin, I'm telling you now 21 that if you help me, that if you help me 22 tonight, help the people of the City of 23 New York by not imposing taxes to them, in the 24 future you will not regret it.

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(518) 371-8910 1 This is my offer, this is what I'm 2 saying, and I'm saying it publicly in front of 3 my colleagues. I need your help now. Thank 4 you, ladies and gentlemen. 5 Mr. President -- oh, you were 6 sleeping too, Mr. President? Thank you very 7 much. Then I'll keep talking. 8 I'm voting no. Thank you. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator Diaz. 11 Senator Liz Krueger, on the bill. 12 SENATOR LIZ KRUEGER: Thank you 13 very much, Mr. President. 14 Thank you, Senator Reverend Diaz, 15 for your interesting analysis. 16 So colleagues, the public, ladies, 17 gentlemen, Liz Benjamin -- 18 (Laughter.) 19 SENATOR LIZ KRUEGER: -- I would 20 simply like to make the point that I carry 21 this bill not because I want to raise taxes, 22 not because I don't -- I agree with Senator 23 Diaz that the goal is not to have to raise 24 taxes on the people of New York City.

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(518) 371-8910 1 But like so many other bills we 2 passed here tonight, this is a local tax bill 3 requested by the City of New York with a 4 home-rule message supported by their local 5 legislature, the City Council, because they 6 have a budget problem just like we have faced 7 a budget problem. 8 And the analysis is they have a 9 $500 million hole in their budget if they 10 can't increase their sales tax, and that they 11 are losing $60 million per month by our not 12 moving this legislation. 13 So I won't disagree with Senator 14 Diaz that there could be ways that the City of 15 New York could in fact decrease some of their 16 costs. They could perhaps increase 17 efficiencies. 18 And yet we, as we know, have our 19 own headaches here running our state 20 government. I'm not sure we're up to taking 21 on solving the problems of every local 22 government or every county government in the 23 state right now. 24 So I ask you to join with me in

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(518) 371-8910 1 supporting this bill, because the fundamental 2 argument here, this is a local sales tax at 3 the request of the City of New York, with the 4 support of the local legislature, just like we 5 could have gone down the list tonight and I 6 could read many, many counties that we were 7 moving tax bills for. 8 So of course no one ever wants to 9 coat vote for an increase in taxes. No one 10 usually wants to put their name on a tax bill. 11 But I stand here tonight asking you to do this 12 because my city, New York City, needs the 13 revenue. I am being told that they have 14 delayed hiring additional police, hiring 15 additional emergency service workers because 16 we have delayed so far in moving the sales 17 tax. 18 So I hope, just like Senator Diaz 19 has asked you to reach across the aisle and 20 not vote for the bill, I'm asking you to join 21 us in voting for the bill. 22 Thank you, Mr. President. 23 ACTING PRESIDENT VALESKY: Thank 24 you, Senator Krueger.

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(518) 371-8910 1 Senator Monserrate, on the bill. 2 SENATOR MONSERRATE: Thank you 3 very much, Mr. Presiding Officer. 4 I also rise in opposition to this 5 bill, and I join my colleague Ruben Diaz. 6 When we speak about what this bill 7 potentially can do, we're looking at a tax 8 increase that will bring us very close to 9 9 percent in sales tax. This is bad for small 10 businesses -- bodegas, delis and small 11 shops -- this is bad for businesses in Lower 12 Manhattan and in Staten Island, where folks 13 can cross a bridge and go to New Jersey and 14 shop for their wares and their needs without 15 this tax. 16 The reality is, ladies and 17 gentlemen, this is the worst of tax-and-spend 18 liberalism. And I know my colleagues on that 19 side of the aisle do not support that 20 fundamentally. 21 I know that several of my 22 colleagues here on June 30th sent a message to 23 the administration of the City of New York and 24 said no to an increase in sales tax.

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(518) 371-8910 1 For those of us who are more 2 progressive, a sales tax is amongst the most 3 regressive taxation schemes. We should be 4 against this. We should call on the mayor to 5 be more fiscally prudent. He speaks boldly 6 about being a businessman that makes billions 7 of dollars, but he says he needs to increase 8 taxes on middle-class New Yorkers and the 9 working poor in our city. 10 So to the administration, I say: 11 You got it wrong. Go back to those books. 12 Make some cuts. Make some adjustments. Be 13 more progressive. Let's get rid of all these 14 consultant contracts for millions upon 15 millions of dollars. And let's have the 16 courage to vote no to this increase. 17 To my colleague Dan Squadron, who I 18 promised I would be very short, because he's 19 getting married soon -- Saturday, right? He's 20 getting married Saturday. Hurry up and get 21 married before we pass this bill -- 22 (Laughter.) 23 SENATOR MONSERRATE: -- because 24 the sales tax will elevate it. And I'm sure

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(518) 371-8910 1 you're going to have a beautiful wedding, just 2 like your beautiful bride. 3 So I ask my colleague Dan Squadron 4 to join me in protecting other people who are 5 getting married so they don't have to pay 6 thousands of dollars in taxation that's wrong. 7 It's wrong on the left, it's wrong on the 8 right. It's bad for New York City. We should 9 vote no. 10 Mr. Chair, I intend to vote no. 11 Thank you very much. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Monserrate. 14 Senator Parker, on the bill. 15 SENATOR PARKER: Mr. President, 16 on the bill. 17 I don't expect to be as eloquent as 18 Senator Diaz, but I do agree with him 19 wholeheartedly that this bill is a bad bill. 20 This is not where we actually ought to be 21 going as a city or as a state. 22 Like Liz Krueger, New York City is 23 my city as well. And representing, you know, 24 probably the 4 million people who live in

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(518) 371-8910 1 Brooklyn, I know that they don't need one more 2 tax, particularly on sales items. 3 As Senator Monserrate indicated, a 4 sales tax is one of the most regressive things 5 that you can do. What does regressive mean? 6 It means that poor people as a percentage of 7 their salaries -- of their income, actually -- 8 pay more in sales taxes than rich people do. 9 So the more money that you make, the less that 10 this affects you. 11 So when you look at people in my 12 community and many of the communities that we 13 represent in New York City, our folks are 14 going to be disproportionately affected in a 15 negative way by the extension of this sales 16 tax. 17 What is different about this sales 18 tax as opposed to the 200 other sales taxes 19 that we extended throughout this evening is 20 that when you look at the amount of this sales 21 tax, it is far greater than any of the other 22 ones that we've passed tonight. 23 In addition, not passing this bill 24 tonight helps New York City have a competitive

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(518) 371-8910 1 economic development advantage with 2 New Jersey, its neighbor who it completes 3 with. 4 As Senator Monserrate indicated, 5 particularly in places like Staten Island, 6 that is a simple bridge away from New Jersey, 7 not enacting this sales tax will level the 8 playing field and allow people to keep their 9 dollars in New York City. That would help 10 small businesses, that would help a lot of the 11 little guy who we come here and we claim that 12 we want to help. 13 And so I'm asking my colleagues 14 tonight, as somebody who lives and works in 15 New York City, to vote no on this bill. It is 16 not a good bill for the small businesses. 17 It's not a good bill for the people every day 18 who are trying to make it, who work hard and 19 who are already paying so many other taxes in 20 this state. To have to pay this extended 21 sales tax would be a really, really 22 significant undue burden. 23 We have been asked by the current 24 mayor of the City of New York to do this. And

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(518) 371-8910 1 why have we done this? He's asked us to do 2 this, to come here and put another regressive 3 tax on the table, because this is a man who 4 simply taxes his way out of every single 5 problem that he's gotten into. 6 When he got elected, the first 7 thing he did was pass the most expansive 8 property tax increase in the history of 9 New York City. Right? And many of you know 10 that, many of you lived through that. And 11 they gave it back, and now they've in fact now 12 reenacted that property tax. 13 And these taxes are never an answer 14 to the problem. When we had a problem around 15 traffic and we had a problem in the city 16 around the environment, what was the answer? 17 A congestion price tax. Then, when the MTA 18 got into trouble, what did he want to do? He 19 wanted to tax the bridges across the 20 East River. 21 Enough is enough, Mr. Mayor. 22 Enough is enough. The people of the City of 23 New York can't take another tax from you. We 24 can't take, you know, another increase when

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(518) 371-8910 1 people are losing their jobs and people are 2 trying to make it day to day. When people are 3 just trying to put food in their mouths, we 4 just can't simply tax and tax and tax and tax 5 and tax people. 6 And it's easy for him, because he's 7 a billionaire. He's the richest person in the 8 state, he's the 16th richest person in the 9 entire country. And so for him, ah, another 10 8 percent here, another 9 percent here. He'll 11 make that overnight, you know, on the stock 12 exchange. 13 But most of us don't have, 14 unfortunately, that kind of wealth. And so to 15 continue to tax and tax regular everyday 16 people is not what we ought to do. 17 This is also the same person, while 18 he's proposing the highest property taxes in 19 the history of New York City, a tax for 20 congestion pricing, a tax for the MTA on the 21 East River bridges, an increased sales tax, 22 who stood up and wanted to protect rich people 23 in Manhattan when he didn't want to do a Fair 24 Share Tax to bring this state into balance.

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(518) 371-8910 1 We can't afford these policies, 2 ladies and gentlemen. We simply can't afford 3 to do it. The City of New York has the fourth 4 largest budget in the country. It's the 5 federal government's budget, it's the state of 6 California, it's the State of New York and the 7 City of New York. 8 The City of New York has a budget 9 that if it was a Fortune 500 company, it would 10 be in the top ten. It has a budget that is 11 larger than 48 other states. As such, there 12 is more than one way, Mr. President, for them 13 to skin the cat. 14 So for people like myself and Liz 15 Benjamin, $500 million is a lot of money. 16 (Laughter.) 17 SENATOR PARKER: But for the City 18 of New York, $500 million is a significant sum 19 but not all the money in the world. They can 20 certainly find other ways to skin that cat. 21 And so I'm voting no today because 22 I need to stand up for the everyday people who 23 are working in our communities, who are trying 24 to make it day to day. And the taxes on milk

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(518) 371-8910 1 and on Pampers and on clothes and on 2 everything that we tax in New York City can't 3 simply go on this way. 4 We can't simply continue to, you 5 know, stand up for, you know, a billionaire 6 mayor who thinks it's okay to tax regular 7 people but doesn't want to see, you know, the 8 rich people of the state pay their fair share. 9 It can no longer continue to go on that way. 10 And so I'm urging my colleagues to 11 join me on the side of right, on the side of 12 fairness. I want them to join me and my 13 colleagues who are voting no on this bill 14 because it is the right thing to do. 15 I vote no. 16 ACTING PRESIDENT VALESKY: Thank 17 you, Senator Parker. 18 Are there any other Senators who 19 wish to be heard? Seeing none, the debate is 20 closed. 21 The Secretary will ring the bells. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 SENATOR SKELOS: To explain my 5 vote, Mr. President. 6 ACTING PRESIDENT VALESKY: 7 Senator Skelos, to explain his vote. 8 SENATOR SKELOS: Mr. President, I 9 listened so carefully to my dear friend 10 Reverend Diaz. 11 And I'm going to support the 12 legislation for two reasons. Number one, it 13 comes with a home-rule message from the City 14 of New York -- of which, the last time I 15 looked, there were roughly, on the City 16 Council, 47 Democrats and 3 Republicans. 17 And if I also listened carefully to 18 you, Reverend Diaz, you said if I voted 19 against it, you would come to this side. I 20 don't think we could go through 31-31 again. 21 (Loud laughter; applause.) 22 SENATOR SKELOS: So I vote aye. 23 ACTING PRESIDENT VALESKY: 24 Senator Skelos will be recorded in the

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(518) 371-8910 1 affirmative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 703 are 5 Senators Adams, Addabbo, Bonacic, Diaz, 6 Espada, Flanagan, Fuschillo, Golden, Hannon, 7 Hassell-Thompson, Huntley, C. Kruger, Lanza, 8 LaValle, Marcellino, Monserrate, Padavan, 9 Parker, and Perkins. 10 Ayes, 43. Nays, 19. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 Senator Smith. 14 SENATOR SMITH: Could you please 15 recognize Senator Klein, please. 16 ACTING PRESIDENT VALESKY: 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, if 19 we could return to the order of motions and 20 resolutions, I have several motions. 21 ACTING PRESIDENT VALESKY: 22 Proceed. 23 SENATOR KLEIN: First, on behalf 24 of Senator Ruth Hassell-Thompson, I wish to

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(518) 371-8910 1 call up Calendar Number 485, Assembly Print 2 Number 4810. 3 ACTING PRESIDENT VALESKY: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 485, by Member of the Assembly Brodsky, 7 Assembly Print Number 4810, an act to amend 8 the Executive Law. 9 SENATOR KLEIN: I now move to 10 reconsider the vote by which this Assembly 11 bill was substituted for Senate Print 1799 on 12 June 3rd. 13 ACTING PRESIDENT VALESKY: Call 14 the roll on reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT VALESKY: The 18 bill is before the house and restored to its 19 place on the Third Reading Calendar. 20 SENATOR KLEIN: I now move that 21 Assembly Bill Number 4810 be recommitted to 22 the Committee on Rules and the Senate bill be 23 restored to the order of Third Reading 24 Calendar.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: So 2 ordered. 3 SENATOR KLEIN: On behalf of 4 Senator Stachowski, I move the following bills 5 be discharged from their respective committees 6 and be recommitted with instructions to strike 7 the enacting clause: Senate Number 3479B. 8 ACTING PRESIDENT VALESKY: So 9 ordered. 10 SENATOR KLEIN: On behalf of 11 Senator Parker, I move that the following 12 bills be discharged from their respective 13 committees and be recommitted with 14 instructions to strike the enacting clause: 15 Senate Bill 5812. 16 ACTING PRESIDENT VALESKY: So 17 ordered. 18 SENATOR KLEIN: On behalf of 19 Senator L. Krueger, I move that the following 20 bills be discharged from their respective 21 committees and be recommitted with 22 instructions to strike the enacting clause: 23 Senate Bill 5819. 24 ACTING PRESIDENT VALESKY: So

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(518) 371-8910 1 ordered. 2 SENATOR KLEIN: On behalf of 3 Senator Onorato, I move to amend Senate Bill 4 3358A by striking out the amendments made on 5 April 14th and restoring it to its original 6 print, Number 3358. 7 ACTING PRESIDENT VALESKY: So 8 ordered. 9 SENATOR KLEIN: On behalf of 10 Senator Sampson, I move to recommit Senate 11 Print Number 5589, Calendar Number 531 on the 12 order of third reading, to the Committee on 13 Judiciary, with instructions to said committee 14 to strike out the enacting clause. 15 ACTING PRESIDENT VALESKY: So 16 ordered. 17 SENATOR KLEIN: Now, Mr. 18 President, amendments are offered to the 19 following Third Reading Calendar bills: 20 On behalf of Senator Stachowski, 21 page 13, Calendar Number 247, Senate Print 22 1944. 23 ACTING PRESIDENT VALESKY: The 24 amendments are received.

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(518) 371-8910 1 SENATOR KLEIN: On behalf of 2 Senator L. Krueger, page 13, Calendar Number 3 250, Senate Print 4259. 4 On behalf of Senator Thompson, 5 page number 14, Calendar Number 281, Senate 6 Print Number 4950. 7 On behalf of Senator Huntley, 8 page number 21, Calendar Number 367, Senate 9 Print 2653B. 10 On behalf of Senator Stachowski, 11 page number 22, Calendar Number 426, Senate 12 Print 1716. 13 Again on behalf of Senator 14 Stachowski, page 26, Calendar Number 486, 15 Senate Print 1948A. 16 On behalf of Senator Duane, 17 page number 34, Calendar Number 567, Senate 18 Print 3164. 19 On behalf of Senator Dilan, 20 page 34, Calendar Number 569, Senate Print 21 3619. 22 On behalf of Senator Thompson, 23 page number 38, Calendar Number 618, Senate 24 Print 4954A.

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(518) 371-8910 1 On behalf of Senator Huntley, 2 page number 39, Calendar Number 627, Senate 3 Print 5596. 4 On behalf of Senator Stachowski, 5 page number 39, Calendar Number 637, Senate 6 Print 2860B. 7 And on behalf of Senator Perkins, 8 page 35, Calendar Number 582, Senate Print 9 4747. 10 Mr. President, I now move that 11 these bills retain their place on the order of 12 third reading. 13 ACTING PRESIDENT VALESKY: The 14 amendments are received. So ordered. 15 Senator Fuschillo. 16 SENATOR FUSCHILLO: Thank you, 17 Mr. President. 18 I wish to call up Calendar Number 19 395, Assembly Print Number 5320. 20 ACTING PRESIDENT VALESKY: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 395, by Member of the Assembly Maisel, 24 Assembly Print Number 5320, an act to amend

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(518) 371-8910 1 the Public Health Law. 2 SENATOR FUSCHILLO: I now move to 3 reconsider the vote by which this Assembly 4 bill was substituted for my bill, Senate Print 5 Number 629, on May 26. 6 ACTING PRESIDENT VALESKY: Call 7 the roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT VALESKY: The 11 bill is before the house. 12 SENATOR FUSCHILLO: I now move 13 that Assembly Bill Number 5320 be recommitted 14 to the Committee on Rules, and that the Senate 15 bill be restored to the order of Third Reading 16 Calendar. 17 ACTING PRESIDENT VALESKY: So 18 ordered. 19 SENATOR FUSCHILLO: I now offer 20 the following amendments. 21 ACTING PRESIDENT VALESKY: The 22 amendments are received. 23 SENATOR FUSCHILLO: Mr. 24 President, amendments are offered to the

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(518) 371-8910 1 following Third Reading Calendar bills: 2 Sponsored by Senator McDonald, 3 page number 8, Calendar Number 107, Senate 4 Print Number 1757; 5 By Senator Morahan, page number 16, 6 Calendar Number 338, Senate Print Number 2807; 7 By Senator Fuschillo, page number 8 25, Calendar Number 475, Senate Print Number 9 85A; 10 By Senator Griffo, page number 25, 11 Calendar Number 479, Senate Print Number 1148; 12 By Senator Marcellino, page number 13 27, Calendar Number 498, Senate Print Number 14 4211; 15 By Senator Young, page number 27, 16 Calendar Number 502, Senate Print 4805; 17 By Senator Griffo, page number 36, 18 Senate Print 601, Senate Print Number 5467; 19 By Senator Morahan, page number 37, 20 Calendar Number 612, Senate Print Number 5156; 21 By Senator LaValle, page number 39, 22 Calendar Number 634, Senate Print Number 1447. 23 I now move that these bills retain 24 their place on the order of third reading.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: So 2 ordered. 3 SENATOR FUSCHILLO: Thank you. 4 ACTING PRESIDENT VALESKY: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, is 7 there any further business at the desk? 8 ACTING PRESIDENT VALESKY: There 9 is no further business at the desk. 10 SENATOR KLEIN: There being none, 11 I move that we adjourn at the call of the 12 Temporary President, intervening days to be 13 legislative days. 14 ACTING PRESIDENT VALESKY: 15 Senator Skelos. 16 SENATOR SKELOS: Before we 17 adjourn, just for the information of the 18 members here, I understand that the Governor 19 has called an extraordinary session for 20 tomorrow at 3 o'clock. Well, today at 21 3 o'clock. 22 I'm wondering if we know -- Senator 23 Smith, I know you indicated to me just a few 24 minutes ago that you don't believe the

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(518) 371-8910 1 Governor had withdrawn his proclamation. 2 SENATOR SMITH: The Governor has 3 indicated he is hoping that we have 4 communication with the Assembly Speaker 5 tomorrow to come up with a date certain when 6 we will be returning. And so at this point we 7 are on hold until tomorrow morning. 8 At such time, I believe Senator 9 Sampson will be reaching out to Assembly 10 Speaker Silver to determine when in fact we 11 can come back together. 12 SENATOR SKELOS: Does that mean 13 that he's bringing the Assembly back 14 tomorrow -- 15 SENATOR SMITH: No. 16 SENATOR SKELOS: -- or we're just 17 being asked to hang around until he makes up 18 his mind whether he's going to have us here in 19 extraordinary session? 20 SENATOR SMITH: My conversation 21 with the Governor is that he will look forward 22 to our call to him tomorrow after speaking to 23 the Speaker, at which time he is hoping that 24 we would come together jointly on the day that

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(518) 371-8910 1 we'll be back together. 2 ACTING PRESIDENT VALESKY: 3 Senator Klein, would you please state your 4 motion again? 5 SENATOR KLEIN: Was to adjourn at 6 the call of the Temporary President, 7 intervening days to be legislative days. 8 ACTING PRESIDENT VALESKY: On a 9 motion by Senator Klein, the Senate stands 10 adjourned at the call of the Temporary 11 President, intervening days being legislative 12 days. 13 (Whereupon, at 1:47 a.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910