Thursday, July 16, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 July 16, 2009 11 12:56 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, 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 VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Wednesday, July 15, the Senate met pursuant to 19 adjournment. The Journal of Tuesday, July 14, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read.

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(518) 371-8910 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, 11 can we at this time adopt the Resolution 12 Calendar in its entirety. 13 Mr. President, can we withdraw that 14 motion at this time and go directly to the 15 calendar. 16 ACTING PRESIDENT VALESKY: The 17 motion is withdrawn. 18 The Secretary will proceed with the 19 noncontroversial reading of the active bills 20 on Senate Calendar Number 61. 21 THE SECRETARY: Calendar Number 22 78, by Member of the Assembly Clark, Assembly 23 Print Number 1968, an act in relation -- 24 SENATOR DeFRANCISCO: Lay it

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(518) 371-8910 1 aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: In relation to 5 Calendar Number 178, Senator Breslin moves to 6 discharge, from the Committee on Insurance, 7 Assembly Bill Number 1005C and substitute it 8 for the identical Senate Bill Number 3635B, 9 Third Reading Calendar 178. 10 ACTING PRESIDENT VALESKY: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 178, by Member of the Assembly Bing, Assembly 14 Print Number 1005C, an act to amend the 15 Insurance Law. 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, 56. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 179, Senator Montgomery moves 4 to discharge, from the Committee on Children 5 and Families, Assembly Print Number 2311A and 6 substitute it for the identical Senate Bill 7 Number 3423A, Third Reading Calendar 179. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 179, by Member of the Assembly Lifton, 12 Assembly Print Number 2311A, an act to amend 13 the Social Services Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 60th day. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. Nays, 22 1. Senator Lanza recorded in the negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 277, by Senator Klein, Senate Print 2490B, an 3 act to amend the Correction Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 60th day. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 330, by Member of the Assembly Brodsky, 16 Assembly Print Number 5025, an act to amend 17 the Executive Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Senator Foley, to explain his vote. 3 SENATOR FOLEY: Thank you, 4 Mr. President. 5 Just very briefly, to state for the 6 record that this legislation will require 7 local disaster preparedness plans to be 8 developed among counties, villages, as well as 9 townships. 10 And it should also be noted for the 11 record that incorporated within the bill is 12 that for cities greater than a million, with 13 the number of counties wholly within that 14 particular city, they will be exempted from 15 this particular piece of legislation. 16 However, it should be noted that that 17 particular city will also be working closely 18 with the neighboring counties to ensure that 19 there is a coordinated approach to disaster 20 preparedness. 21 I just wanted to state that for the 22 record. And hopefully we can approve this 23 today and it will enable our local 24 municipalities to coordinate their efforts in

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(518) 371-8910 1 order to have a safer and more effective 2 disaster preparedness plan developed for the 3 local constituencies. 4 Thank you, Mr. President. 5 ACTING PRESIDENT VALESKY: 6 Senator Foley to be recorded in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 56. Nays, 10 0. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 377, by -- 15 SENATOR LIBOUS: Lay it aside. 16 ACTING PRESIDENT VALESKY: The 17 bill is laid aside. 18 THE SECRETARY: In relation to 19 Calendar Number 396, Senator -- 20 SENATOR LIBOUS: Lay it aside. 21 ACTING PRESIDENT VALESKY: The 22 Secretary will do the substitution first. 23 THE SECRETARY: In relation to 24 Calendar Number 396, Senator L. Krueger moves

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(518) 371-8910 1 to discharge, from the Committee on Rules, 2 Assembly Bill Number 7347 and substitute it 3 for the identical Senate Bill Number 4960, 4 Third Reading Calendar 396. 5 SENATOR LIBOUS: Lay it aside. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered, and the bill is laid 8 aside. 9 THE SECRETARY: In relation to 10 Calendar Number 439, Senator Duane moves to 11 discharge, from the Committee on Rules, 12 Assembly Print Number 904A and substitute it 13 for the identical Senate Bill Number 3910A, 14 Third Reading Calendar 439. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 439, by Member of the Assembly Gottfried, 19 Assembly Print Number 904A, an act to amend 20 the Public Health Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect on the 60th day.

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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, 56. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 445, Senator Savino moves to discharge, from 9 the Committee on Rules, Assembly Print Number 10 7170A and substitute it for the identical 11 Senate Bill Number 4562, Third Reading 12 Calendar 445. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 SENATOR LIBOUS: Lay it aside. 16 ACTING PRESIDENT VALESKY: The 17 bill is laid aside. 18 THE SECRETARY: In relation to 19 Calendar Number 449, Senator Savino moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 8371 and substitute it 22 for the identical Senate Bill Number 5557, 23 Third Reading Calendar 449. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 449, by Member of the Assembly Abbate, 4 Assembly Print Number 8371, an act to amend 5 the Retirement and Social Security 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, 56. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 470, by Senator Savino, Senate Print 5474, an 18 act to amend the Navigation Law. 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, 55. Nays, 3 1. Senator Ranzenhofer recorded in the 4 negative. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 483, by Member of the Assembly Millman, 9 Assembly Print Number 4092, an act to amend 10 the Executive 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, 56. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 486, Senator Stachowski moves 23 to discharge, from the Committee on Finance, 24 Assembly Bill Number 2247B and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 1948B, 2 Third Reading Calendar 486. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 SENATOR LIBOUS: Lay the bill 6 aside, please. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 505, by Senator Klein, Senate Print 5376, an 11 act to amend the Social Services Law. 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, 56. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 517, by Member of the Assembly Destito, 24 Assembly Print Number 606A, an act to amend

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(518) 371-8910 1 the Correction 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, 55. Nays, 10 1. Senator Lanza recorded in the negative. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 522, Senator Hassell-Thompson 15 moves to discharge, from the Committee on 16 Rules, Assembly Bill Number 8521 and 17 substitute it for the identical Senate Bill 18 Number 5645, Third Reading Calendar 522. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 522, by Member of the Assembly Aubry, Assembly 23 Print Number 8521, an act to amend the 24 Correction 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, 56. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 537, Senator Thompson moves to 13 discharge, from the Committee on Finance, 14 Assembly Bill Number 4091 and substitute it 15 for the identical Senate Bill Number 1591, 16 Third Reading Calendar 537. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 537, by Member of the Assembly Millman, 21 Assembly Print Number 4091, an act to amend 22 the State Finance Law. 23 ACTING PRESIDENT VALESKY: Read 24 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, 56. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 538, Senator Valesky moves to 11 discharge, from the Committee on Finance, 12 Assembly Bill Number 2262A and substitute it 13 for the identical Senate Bill Number 1610A, 14 Third Reading Calendar 538. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 538, by Member of the Assembly Stirpe, 19 Assembly Print Number 2262A, an act to amend 20 the Navigation Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 544, Senator C. Johnson moves 10 to discharge, from the Committee on Finance, 11 Assembly Bill Number 7741A and substitute it 12 for the identical Senate Bill Number 2900A, 13 Third Reading Calendar 544. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 544, by Member of the Assembly Destito, 18 Assembly Print Number 7741A, an act to amend 19 the Executive 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, 56. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 552, Senator Stachowski moves 8 to discharge, from the Committee on Finance, 9 Assembly Bill Number 2819 and substitute it 10 for the identical Senate Bill Number 4436, 11 Third Reading Calendar 552. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 552, by Member of the Assembly Schimminger, 16 Assembly Print Number 2819, an act to amend 17 the State Finance 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, 57. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 553, Senator Stachowski moves 6 to discharge, from the Committee on Finance, 7 Assembly Bill Number 2854 and substitute it 8 for the identical Senate Bill Number 4437, 9 Third Reading Calendar 553. 10 ACTING PRESIDENT VALESKY: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 553, by Member of the Assembly Schimminger, 14 Assembly Print Number 2854, an act to amend 15 the Economic Development Law. 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, 57. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 564, Senator Valesky moves to 4 discharge, from the Committee on Local 5 Government, Assembly Bill Number 695A and 6 substitute it for the identical Senate Bill 7 Number 1980A, Third Reading Calendar 564. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 564, by Member of the Assembly Hoyt, Assembly 12 Print Number 695A, an act to amend the General 13 Municipal Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 4. This 17 act shall -- 18 SENATOR DeFRANCISCO: Lay it 19 aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: In relation to 23 Calendar Number 566, Senator Addabbo moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Print Number 5276A and substitute it 2 for the identical Senate Bill Number 2868A, 3 Third Reading Calendar 566. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 SENATOR LIBOUS: Lay it aside, 7 please. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: In relation to 11 Calendar Number 568, Senator Foley moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 1627C and substitute it 14 for the identical Senate Bill Number 3331B, 15 Third Reading Calendar 568. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 568, by Member of the Assembly Zebrowski, 20 Assembly Print Number 1627C, an act to amend 21 the General Business Law. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the 60th day. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 569, Senator Dilan moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 8568B and substitute it 12 for the identical Senate Bill Number 3619A, 13 Third Reading Calendar 569. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 569, by Member of the Assembly Gantt, Assembly 18 Print Number 8568B, an act to amend the 19 Vehicle and Traffic 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 ACTING PRESIDENT VALESKY: 4 Senator Marcellino, to explain his vote. 5 SENATOR MARCELLINO: Yes, 6 Mr. President. I am pleased to rise to 7 explain my vote in support of this bill. 8 This bill hopefully in New York 9 State will put an end to the text-messaging 10 problem that we have. Text messaging, as we 11 all know, is a very dangerous act, but it's 12 second nature to a lot of people, especially 13 our young people. And it's resulted in the 14 deaths of many. 15 By passing this bill, which has had 16 its problems getting it out of the other 17 house -- it's passed this house many times, 18 but not the other house. But I commend 19 Senator Dilan for using his good offices to 20 work out a compromise and put the 21 text-messaging language in this bill so we get 22 a ban and we can end this terrible scourge on 23 our driving public. 24 Text messaging is dangerous while

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(518) 371-8910 1 walking, it's dangerous more while driving. 2 And unfortunately, too many people do it. 3 Everybody recognizes that it is a threat. But 4 many people admit to doing it, including 5 adults, while driving. Hopefully we'll put an 6 end to that today in New York State and this 7 will be a leader for the nation. 8 I thank the Senate here for passing 9 this bill, and I thank my colleagues for their 10 support. 11 ACTING PRESIDENT VALESKY: 12 Senator Marcellino to be recorded in the 13 affirmative. 14 Announce the results. 15 THE SECRETARY: In relation to 16 Calendar Number 569: Ayes, 56. Nays, 1. 17 Senator Little recorded in the negative. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 581, by Senator Sampson, Senate Print 3708D, 22 an act to amend the General Business Law. 23 SENATOR LIBOUS: Lay it aside, 24 please.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: In relation to 4 Calendar Number 584, Senator Adams moves to 5 discharge, from the Committee on Health, 6 Assembly Bill Number 4216 and substitute it 7 for the identical Senate Print Number 4318, 8 Third Reading Calendar 584. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 584, by Member of the Assembly Brodsky, 13 Assembly Print Number 4216, an act to amend 14 the Public Health Law. 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, 57. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 600, by Senator Klein, Senate Print 4903, an 3 act to amend the Vehicle and Traffic Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 624, Senator Espada moves to 16 discharge, from the Committee on Corporations, 17 Authorities and Commissions, Assembly Print 18 Number 5753 and substitute it for the 19 identical Senate Bill Number 5551, Third 20 Reading Calendar 624. 21 ACTING PRESIDENT VALESKY: 22 Substitution ordered. 23 THE SECRETARY: Calendar Number 24 624, by Member of the Assembly Lopez, Assembly

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(518) 371-8910 1 Print Number 5753, an act to amend the Public 2 Authorities Law. 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 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 638, Senator Adams moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 8182 and substitute it 17 for the identical Senate Bill Number 3021, 18 Third Reading Calendar 638. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 638, by Member of the Assembly Spano, Assembly 23 Print Number 8182, an act to amend the Racing, 24 Pari-Mutuel Wagering and Breeding 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 ACTING PRESIDENT VALESKY: 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 638 are 12 Senators Griffo, Larkin, Libous, Maziarz, 13 Ranzenhofer, Saland, Skelos, Winner. Also 14 Senator LaValle. Also Senator Leibell. 15 SENATOR ADAMS: Lay it aside for 16 the day. 17 ACTING PRESIDENT VALESKY: The 18 roll call is withdrawn, and the bill is laid 19 aside for the day. 20 THE SECRETARY: In relation to 21 Calendar Number 640, Senator Addabbo moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 8492 and substitute it 24 for the identical Senate Bill Number 4243,

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(518) 371-8910 1 Third Reading Calendar 640. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 SENATOR LIBOUS: Lay it aside, 5 please. 6 ACTING PRESIDENT VALESKY: The 7 bill is laid aside. 8 THE SECRETARY: In relation to 9 Calendar Number 643, Senator Espada moves to 10 discharge, from the Committee on Housing, 11 Construction and Community Development, 12 Assembly Bill Number 7681 and substitute it 13 for the identical Senate Bill Number 5441, 14 Third Reading Calendar 643. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 643, by Member of the Assembly Lopez, Assembly 19 Print Number 7681, an act to amend the Private 20 Housing Finance 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, 57. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 644, by Senator Klein, Senate Print 5622, an 9 act to amend Part R-1 of Chapter 57 of the 10 Laws of 2009 amending the Tax Law. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 SENATOR HANNON: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 roll call is withdrawn, and the bill is laid 21 aside. 22 THE SECRETARY: In relation to 23 Calendar Number 645, Senator Duane moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 8131 and substitute it 2 for the identical Senate Bill Number 4845B, 3 Third Reading Calendar 645. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 645, by Member of the Assembly Weprin, 8 Assembly Print Number 8131, an act to amend 9 the Tax 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 SENATOR DeFRANCISCO: Lay it 18 aside, please. 19 ACTING PRESIDENT VALESKY: The 20 roll call is withdrawn, and the bill is laid 21 aside. 22 THE SECRETARY: In relation to 23 Calendar Number 646, Senator Savino moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 8210 and substitute it 2 for the identical Senate Bill Number 5482, 3 Third Reading Calendar 646. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 646, by Member of the Assembly Cusick, 8 Assembly Print Number 8210, an act to amend 9 the Navigation 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, 57. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 727, Senator Breslin moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 1039 and substitute it 24 for the identical Senate Bill Number 396,

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(518) 371-8910 1 Third Reading Calendar 727. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 SENATOR LIBOUS: Lay the bill 5 aside. 6 ACTING PRESIDENT VALESKY: The 7 bill is laid aside. 8 THE SECRETARY: In relation to 9 Calendar Number 728, Senator Young moves to 10 discharge, from the Committee on Local 11 Government, Assembly Bill Number 4263 and 12 substitute it for the identical Senate Bill 13 Number 689, Third Reading Calendar 728. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 728, by Member of the Assembly Giglio, 18 Assembly Print Number 4263, an act to amend 19 the Town 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, 57. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 729, Senator Seward moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 3078A and substitute it 10 for the identical Senate Bill Number 867A, 11 Third Reading Calendar 729. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 729, by Member of the Assembly Magee, Assembly 16 Print Number 3078A, an act to authorize the 17 City of Oneonta. 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, 57. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 730, Senator Young moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 4613A and substitute it 9 for the identical Senate Bill Number 868A, 10 Third Reading Calendar 730. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 730, by Member of the Assembly Parment, 15 Assembly Print Number 4613A, an act to 16 validate certain actions. 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, 57.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 731, Senator -- 5 ACTING PRESIDENT VALESKY: 6 Senator Liz Krueger. 7 SENATOR LIZ KRUEGER: Would you 8 repeat the calendar number of that bill for 9 me, please? 10 ACTING PRESIDENT VALESKY: 11 Calendar Number 730. 12 SENATOR LIZ KRUEGER: I jumped 13 ahead of myself. Thank you. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will continue with Calendar Number 16 731. 17 THE SECRETARY: In relation to 18 Calendar Number 731, Senator Morahan moves to 19 discharge, from the Committee on Finance, 20 Assembly Bill Number 2234 and substitute it 21 for the identical Senate Bill Number 1001, 22 Third Reading Calendar 731. 23 ACTING PRESIDENT VALESKY: 24 Substitution ordered.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 731, by Member of the Assembly Zebrowski, 3 Assembly Print Number 2234, an act to amend 4 Chapter 218 of the Laws of 2008. 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, 57. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 732, Senator Larkin moves to 18 discharge, from the Committee on Codes, 19 Assembly Bill Number 2534 and substitute it 20 for the identical Senate Bill Number 1149A, 21 Third Reading Calendar 732. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 732, by Member of the Assembly Calhoun, 2 Assembly Print Number 2534, an act to amend 3 the Criminal Procedure Law. 4 SENATOR DUANE: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: In relation to 8 Calendar Number 733, Senator Farley moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 3337A and substitute it 11 for the identical Senate Bill Number 1171A, 12 Third Reading Calendar 733. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 733, by Member of the Assembly Tedisco, 17 Assembly Print Number 3337A, an act to 18 authorize. 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, 56. Nays, 3 1. Senator Bonacic recorded in the negative. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 734, Senator C. Johnson moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 1544B and substitute it 10 for the identical Senate Bill Number 1263B, 11 Third Reading Calendar 734. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 734, by Member of the Assembly Schimel, 16 Assembly Print Number 1544B, 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, 57. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 735, Senator Serrano moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 3949 and substitute it 8 for the identical Senate Bill Number 1393, 9 Third Reading Calendar 735. 10 ACTING PRESIDENT VALESKY: 11 Substitution ordered. 12 SENATOR LIBOUS: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: In relation to 16 Calendar Number 736, Senator Volker moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 6273B and substitute it 19 for the identical Senate Bill Number 1566B, 20 Third Reading Calendar 736. 21 ACTING PRESIDENT VALESKY: 22 Substitution ordered. 23 THE SECRETARY: Calendar Number 24 736, by Member of the Assembly Corwin,

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(518) 371-8910 1 Assembly Print Number 6273B, an act to amend 2 the Real Property 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, 57. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 737, Senator Farley moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 4321 and substitute it 18 for the identical Senate Bill Number 1643, 19 Third Reading Calendar 737. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 737, by Member of the Assembly Butler, 24 Assembly Print Number 4321, an act to amend

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(518) 371-8910 1 the Town 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, 57. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 738, Senator LaValle moves -- 14 SENATOR KLEIN: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will do the substitution first. 17 THE SECRETARY: In relation to 18 Calendar Number 738, Senator LaValle moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 4632A and substitute it 21 for the identical Senate Bill Number 1718A, 22 Third Reading Calendar 738. 23 ACTING PRESIDENT VALESKY: 24 Substitution ordered, and the bill is laid

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(518) 371-8910 1 aside. 2 THE SECRETARY: In relation to 3 Calendar Number 739, Senator LaValle moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 4633A and substitute it 6 for the identical Senate Bill Number 1719A, 7 Third Reading Calendar 739. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 739, by Member of the Assembly Thiele, 12 Assembly Print Number 4633A, an act to amend 13 the -- 14 SENATOR KLEIN: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside. 17 THE SECRETARY: In relation to 18 Calendar Number 740, Senator Little moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 4811 and substitute it 21 for the identical Senate Bill Number 1800, 22 Third Reading Calendar 740. 23 ACTING PRESIDENT VALESKY: 24 Substitution ordered.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 740, by Member of the Assembly Jordan, 3 Assembly Print Number 4811, an act to 4 authorize the Village of Cambridge. 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, 57. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 741, Senator Ranzenhofer moves 18 to discharge, from the Committee on Rules, 19 Assembly Bill Number 4710 and substitute it 20 for the identical Senate Bill Number 1939, 21 Third Reading Calendar 741. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 741, by Member of the Assembly Hawley, 2 Assembly Print Number 4710, an act to amend 3 the Uniform Justice Court Act. 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, 57. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 742, Senator Little moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 5311A and substitute it 18 for the identical Senate Bill Number 2146A, 19 Third Reading Calendar 742. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 742, by Member of the Assembly Sayward, 24 Assembly Print Number 5311A, an act to amend

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(518) 371-8910 1 the Criminal Procedure 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, 57. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 743, Senator Montgomery moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 5328 and substitute it 16 for the identical Senate Bill Number 2232, 17 Third Reading Calendar 743. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 743, by Member of the Assembly Millman, 22 Assembly Print Number 5328, an act in relation 23 to allowing. 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 SENATOR LANZA: Lay it aside. 7 ACTING PRESIDENT VALESKY: 8 Withdraw the roll call. The bill is laid 9 aside. 10 THE SECRETARY: In relation to 11 Calendar Number 744, Senator Flanagan moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 5709A and substitute it 14 for the identical Senate Bill Number 2407A, 15 Third Reading Calendar 744. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 744, by Member of the Assembly Conte, Assembly 20 Print Number 5709A, an act to amend the 21 Criminal Procedure Law. 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, 57. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 745, Senator Nozzolio moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 5303C and substitute it 12 for the identical Senate Bill Number 2408D, 13 Third Reading Calendar 745. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 745, by Member of the Assembly Morelle, 18 Assembly Print Number 5303C, an act to amend 19 the Monroe County Tax Act. 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, 57. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 746, Senator Flanagan moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8329 and substitute it 11 for the identical Senate Bill Number 2518A, 12 Third Reading Calendar 746. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 746, by Member of the Assembly Fitzpatrick, 17 Assembly Print Number 8329, an act to 18 authorize. 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, 57. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 747, Senator Nozzolio moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 6889A and substitute it 9 for the identical Senate Bill Number 2687A, 10 Third Reading Calendar 747. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 747, by Member of the Assembly Kolb, Assembly 15 Print Number 6889A, an act to adjust. 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, 57. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 748, Senator Foley moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 7838A and substitute it 6 for the identical Senate Bill Number 2705A, 7 Third Reading Calendar 748. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 748, by Member of the Assembly Ramos, Assembly 12 Print Number 7838A, an act in relation to 13 permitting. 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, 55. Nays, 22 2. Senators Bonacic and Larkin recorded in 23 the negative. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 749, Senator Fuschillo moves 4 to discharge, from the Committee on Rules, 5 Assembly Bill Number 5807 and substitute it 6 for the identical Senate Bill Number 2708, 7 Third Reading Calendar 749. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 749, by Member of the Assembly Sweeney, 12 Assembly Print Number 5807, an act in relation 13 to permitting. 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, 55. Nays, 22 2. Senators Bonacic and Larkin recorded in 23 the negative. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 750, Senator Larkin moves to 4 discharge, from the Committee on Rules, 5 Assembly Print Number 6700 and substitute it 6 for the identical Senate Bill Number 2737, 7 Third Reading Calendar 750. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 750, by Member of the Assembly Skartados, 12 Assembly Print Number 6700, an act to direct 13 the Commissioner of Education. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 SENATOR DUANE: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 THE SECRETARY: In relation to 20 Calendar Number 751, Senator Nozzolio [sic] 21 moves to discharge, from the Committee on 22 Local Government, Assembly Bill Number 6329B 23 and substitute it for the identical Senate 24 Bill Number 2771B, Third Reading Calendar 751.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Substitution ordered. 3 Senator Libous. 4 SENATOR LIBOUS: Mr. President, 5 the clerk said Senator Nozzolio? Isn't this 6 a -- I'm just clarifying the calendar, please. 7 Number 751, we skipped it? 8 ACTING PRESIDENT VALESKY: The 9 Secretary will correct the clerical error on 10 Calendar 751 and reread Number 751. 11 SENATOR LIBOUS: Thank you, 12 Mr. President. We'd like to lay that bill 13 aside too, when it's read. 14 (Laughter.) 15 THE SECRETARY: In relation to 16 Calendar Number 751, Senator Breslin moves to 17 discharge, from the Committee on Housing, 18 Construction and Community Development, 19 Assembly Bill Number 6329B and substitute it 20 for the identical Senate Bill Number 2771B, 21 Third Reading Calendar 751. 22 SENATOR LIBOUS: Mr. President, 23 can we now lay that bill aside, please. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitution ordered, and the bill is laid 2 aside. 3 THE SECRETARY: In relation to 4 Calendar Number 752, Senator Nozzolio moves to 5 discharge, from the Committee on Rules, 6 Assembly Print Number 6845 and substitute it 7 for the identical Senate Print Number 2799, 8 Third Reading Calendar 752. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 752, by Member of the Assembly Finch, Assembly 13 Print Number 6845, an act to amend the 14 Not-For-Profit Corporation Law. 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, 57. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 753, Senator Stachowski moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 7991A and substitute it 5 for the identical Senate Bill Number 2841B, 6 Third Reading Calendar 753. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 753, by Member of the Assembly Quinn, Assembly 11 Print Number 7991A, an act to legalize, 12 validate, ratify and confirm. 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, 57. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 754, Senator Alesi moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 6469A and substitute it 3 for the identical Senate Bill Number 2864A, 4 Third Reading Calendar 754. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 754, by Member of the Assembly Morelle, 9 Assembly Print Number 6469A, an act to amend 10 the Navigation 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, 57. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 755, Senator Seward moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 6731 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 2903, 2 Third Reading Calendar 755. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 755, by Member of the Assembly Magee, Assembly 7 Print Number 6731, an act to authorize. 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, 57. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 756, Senator Farley moves to 21 discharge, from the Committee on Rules, 22 Assembly Print Number 6486 and substitute it 23 for the identical Senate Bill Number 2931, 24 Third Reading Calendar 756.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Substitution ordered. 3 THE SECRETARY: Calendar Number 4 756, by Member of the Assembly Amedore, 5 Assembly Print Number 6486, an act to amend 6 the Town Law. 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, 58. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 757, Senator Marcellino moves 19 to discharge, from the Committee on Codes, 20 Assembly Bill Number 3939 and substitute it 21 for the identical Senate Bill Number 2940, 22 Third Reading Calendar 757. 23 ACTING PRESIDENT VALESKY: 24 Substitution ordered.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 757, by Member of the Assembly Raia, Assembly 3 Print Number 3939, an act to amend the 4 Criminal Procedure Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 SENATOR DUANE: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: In relation to 11 Calendar Number 758, Senator Valesky moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 6732 and substitute it 14 for the identical Senate Bill Number 2961, 15 Third Reading Calendar 758. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 758, by Member of the Assembly Magee, Assembly 20 Print Number 6732, an act to amend Chapter 648 21 of the Laws of 2008. 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, 58. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. And there was a home-rule 8 message at the desk on that bill. 9 THE SECRETARY: In relation to 10 Calendar Number 759, Senator Nozzolio moves to 11 discharge, from the Committee on Codes, 12 Assembly Bill Number 6506 and substitute it 13 for the identical Senate Bill Number 2982, 14 Third Reading Calendar 759. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 759, by Member of the Assembly Oaks, Assembly 19 Print Number 6506, an act to amend the 20 Criminal Procedure Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. Nays, 6 2. Senators Duane and L. Krueger recorded in 7 the negative. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 760, Senator Nozzolio moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 7238 and substitute it 14 for the identical Senate Bill Number 3270, 15 Third Reading Calendar 760. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 760, by Member of the Assembly Finch, Assembly 20 Print Number 7238, an act to amend the 21 Criminal Procedure Law. 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, 56. Nays, 6 2. Senators Duane and L. Krueger recorded in 7 the negative. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 761, Senator Volker moves to 12 discharge, from the Committee on Local 13 Government, Assembly Print Number 2089A and 14 substitute it for the identical Senate Bill 15 Number 3337A, Third Reading Calendar 761. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 761, by Member of the Assembly Schroeder, 20 Assembly Print Number 2089A, an act to amend 21 the Real Property Tax Law. 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, 58. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 762, Senator Hannon moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 8339A and substitute it 12 for the identical Senate Bill Number 3434A, 13 Third Reading Calendar 762. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 762, by Member of the Assembly McKevitt, 18 Assembly Print Number 8339A, an act to 19 authorize. 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, 57. Nays, 4 1. Senator Bonacic recorded in the negative. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 763, Senator -- 9 SENATOR KLEIN: Lay it aside for 10 the day, please. 11 ACTING PRESIDENT VALESKY: 12 Senator Klein, before laying the bill aside 13 for the day, if we could take up the Assembly 14 substitution. 15 THE SECRETARY: In relation to 16 Calendar Number 763, Senator Foley moves to 17 discharge, from the Committee on Health, 18 Assembly Bill Number 3144 and substitute it 19 for the identical Senate Bill Number 3532, 20 Third Reading Calendar 763. 21 ACTING PRESIDENT VALESKY: 22 Substitution ordered, and the bill is laid 23 aside for the day. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 764, Senator Skelos moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 7261A and substitute it 4 for the identical Senate -- 5 SENATOR HASSELL-THOMPSON: Lay it 6 aside. 7 ACTING PRESIDENT VALESKY: Let us 8 finish the Assembly substitution, please. 9 THE SECRETARY: -- Senate Bill 10 Number 3568A, Third Reading Calendar 764. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered, and the bill is laid 13 aside. 14 THE SECRETARY: In relation to 15 Calendar Number 765, Senator Libous moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 7092A and substitute it 18 for the identical Senate Bill Number 3613A, 19 Third Reading Calendar 765. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 765, by Member of the Assembly Crouch, 24 Assembly Print Number --

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(518) 371-8910 1 SENATOR DUANE: Lay it aside, 2 please. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 THE SECRETARY: In relation to 6 Calendar Number 766, Senator Libous moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 7090 and substitute it 9 for the identical Senate Bill Number 3614, 10 Third Reading Calendar 766. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 766, by Member of the Assembly Crouch, 15 Assembly Print Number 7090, an act to amend 16 the Town 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, 58.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 767, Senator Oppenheimer moves 5 to discharge, from the Committee on Rules, 6 Assembly Bill Number 6153A and substitute it 7 for the identical Senate Bill Number 3631A, 8 Third Reading Calendar 767. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 767, by Member of the Assembly Paulin, 13 Assembly Print Number 6153A, an act allowing. 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, 58. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 768, Senator Foley moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 7148 and substitute it 5 for the identical Senate Bill Number 3643, 6 Third Reading Calendar 768. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 768, by Member of the Assembly Eddington, 11 Assembly Print Number 7148, an act to 12 authorize. 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, 56. Nays, 21 2. Senators Bonacic and Larkin recorded in 22 the negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 769, Senator Marcellino moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 7201A and substitute it 5 for the identical Senate Bill Number 3649A, 6 Third Reading Calendar 769. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 769, by Member of the Assembly Conte, Assembly 11 Print Number 7201A, an act to authorize. 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, 56. Nays, 20 2. Senators Bonacic and Larkin recorded in 21 the negative. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 770, Senator Morahan moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 7220 and substitute it 4 for the identical Senate Bill Number 3756, 5 Third Reading Calendar 770. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 770, by Member of the Assembly Jaffee, 10 Assembly Print Number 7220, an act to 11 authorize. 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, 56. Nays, 20 2. Senators Bonacic and Larkin recorded in 21 the negative. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 771, Senator Morahan moves to 2 discharge, from the Committee on Local 3 Government, Assembly Bill Number 6473 and 4 substitute it for the identical Senate Bill 5 Number 3757, Third Reading Calendar 771. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 771, by Member of the Assembly Jaffee, 10 Assembly Print Number 6473, an act to 11 authorize. 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, 56. Nays, 20 2. Senators Bonacic and Larkin recorded in 21 the negative. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 772, Senator Morahan moves to 2 discharge, from the Committee on Local 3 Government, Assembly Bill Number 6472A and 4 substitute it for the identical Senate Bill 5 Number 3758A, Third Reading Calendar 772. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 772, by Member of the Assembly Jaffee, 10 Assembly Print Number 6472A, an act to 11 authorize. 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, 56. Nays, 20 2. Senators Bonacic and Larkin recorded in 21 the negative. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 773, Senator Winner moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 1396 and substitute it 4 for the identical Senate Bill Number 3771, 5 Third Reading Calendar 773. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 773, by Member of the Assembly O'Mara, 10 Assembly Print Number 1396, an act to amend 11 Chapter 438 of the Laws of 2008. 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, 58. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 774, Senator Bonacic moves to 24 discharge, from the Committee on Environmental

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(518) 371-8910 1 Conservation, Assembly Bill Number 5939 and 2 substitute it for the identical Senate Bill 3 Number 3799, Third Reading Calendar 774. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 774, by Member of the Assembly Cahill, 8 Assembly Print Number 5939, an act to amend 9 Chapter 271 of the Laws of 2006. 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, 58. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 775, Senator Valesky moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 7420A and substitute it 24 for the identical Senate Bill Number 3812A,

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(518) 371-8910 1 Third Reading Calendar 775. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 775, by Member of the Assembly Magnarelli, 6 Assembly Print Number 7420A, an act to amend 7 the Vehicle and Traffic Law and others. 8 ACTING PRESIDENT VALESKY: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 24. This 12 act shall take effect on the 30th day. 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 going to vote no. 20 I know these bills are in vogue 21 nowadays, where we use cameras to pick up 22 violators. But I don't think this Orwellian 23 way of law enforcement makes a lot of sense. 24 I think citizens should have a little bit of

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(518) 371-8910 1 privacy in what they do. 2 If there's police officers that see 3 these events or eyewitnesses that see people 4 going through lights or whatever they do 5 wrong, you know, they should be prosecuted. 6 But to have cameras installed for 7 this reason just begs the question as to 8 what's the next reason we're going to install 9 cameras to watch people do things. 10 Secondly, this is an enforcement of 11 a running-a-red-light type of offense against 12 the owner. In many instances the owner might 13 not have any clue that an individual is 14 driving the car through a red light or 15 violating it and may not have any control over 16 that individual -- unless we're assuming that 17 owners should know what everyone is doing 18 who's driving their car at any hour of the day 19 or night. So it imposes a penalty on someone 20 who isn't directly responsible for the 21 violation. 22 For those reasons, I vote no. 23 ACTING PRESIDENT VALESKY: 24 Senator DeFrancisco to be recorded in the

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(518) 371-8910 1 negative. 2 Announce the results. 3 If those who are voting in the 4 negative on Calendar 775 would please raise 5 your hands. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 775 are 8 Senators DeFrancisco, Little, Morahan, Saland 9 and Volker. Ayes, 53. Nays, 5. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 If the Secretary would return to 13 Calendar Number 764, I believe Senator 14 Hassell-Thompson wishes to withdraw her 15 lay-aside. 16 THE SECRETARY: Calendar Number 17 764, substituted earlier today by Member of 18 the Assembly Weisenberg, Assembly Print Number 19 7261A, an act to amend the Real Property Tax 20 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, 58. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 776, Senator C. Johnson moves 9 to discharge, from the Committee on Local 10 Government, Assembly Print Number 7664 and 11 substitute it for the identical Senate Bill 12 Number 3822, Third Reading Calendar 776. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 776, by Member of the Assembly Weisenberg, 17 Assembly Print Number 7664, an act to amend 18 the Real Property Tax Law. 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, 58. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 777, Senator Sampson moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 7260 and substitute it 9 for the identical Senate Bill Number 4088, 10 Third Reading Calendar 777. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 777, by Member of the Assembly Weinstein, 15 Assembly Print Number 7260, an act to amend 16 the Civil Practice Law and Rules. 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, 58.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 778, Senator Winner moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 7509 and substitute it 7 for the identical Senate Bill Number 4127, 8 Third Reading Calendar 778. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 778, by Member of the Assembly O'Mara, 13 Assembly Print Number 7509, an act to amend 14 the Environmental Conservation Law. 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, 56. Nays, 23 2. Senators Duane and Serrano recorded in the 24 negative.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 779, Senator McDonald moves to 5 discharge, from the Committee on Corporations, 6 Authorities and Commissions, Assembly Bill 7 Number 7607 and substitute it for the 8 identical Senate Bill Number 4207, Third 9 Reading Calendar 779. 10 ACTING PRESIDENT VALESKY: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 779, by Member of the Assembly Canestrari, 14 Assembly Print Number 7607, an act to amend 15 Chapter 422 of the Laws of 2008. 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, 58. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 780, Senator Ranzenhofer moves 4 to discharge, from the Committee on Rules, 5 Assembly Bill Number 7019A and substitute it 6 for the identical Senate Bill Number 4304, 7 Third Reading Calendar 780. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 780, by Member of the Assembly Hawley, 12 Assembly Print Number 7019A, an act to amend 13 the Town 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, 58. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 781, Senator Stewart-Cousins 3 moves to discharge, from the Committee on 4 Rules, Assembly Bill Number 5493A and 5 substitute it for the identical Senate Bill 6 Number 4392A, Third Reading Calendar 781. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 781, by Member of the Assembly Spano, Assembly 11 Print Number 5493A, an act to amend the 12 Vehicle and Traffic 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: In relation to 22 Calendar Number 781: Ayes, 57. Nays, 1. 23 Senator Lanza recorded in the negative. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 782, Senator O. Johnson moves 4 to discharge, from the Committee on Rules, 5 Assembly Bill Number 8674 and substitute it 6 for the identical Senate Bill Number 4428, 7 Third Reading Calendar 782. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 782, by Member of the Assembly Ramos, Assembly 12 Print Number 8674, an act to authorize. 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, 56. Nays, 21 2. Senators Bonacic and Larkin recorded in 22 the negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 783, Senator Maziarz moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 7711A and substitute it 5 for the identical Senate Bill Number 4522A, 6 Third Reading Calendar 783. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 783, by Member of the Assembly Hawley, 11 Assembly Print Number 7711A, an act to 12 authorize. 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, 58. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 784, Senator Nozzolio moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 7938A and substitute it 4 for the identical Senate Bill Number 4573A, 5 Third Reading Calendar 784. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 784, by Member of the Assembly Errigo, 10 Assembly Print Number 7938A, an act to 11 authorize. 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, 58. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 785, Senator Parker moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 7921 and substitute it 3 for the identical Senate Bill Number 4583, 4 Third Reading Calendar 785. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 785, by Member of the Assembly Peralta, 9 Assembly Print Number 7921, an act to amend 10 the Banking 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, 58. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 786, Senator Bonacic moves to 23 discharge, from the Committee on Local 24 Government, Assembly Print Number 7185A and

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(518) 371-8910 1 substitute it for the identical Senate Bill 2 Number 4824, Third Reading Calendar 786. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 786, by Member of the Assembly Gunther, 7 Assembly Print Number 7185A, an act to amend 8 Chapter 392 of the Laws of 2003. 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 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 787, Senator O. Johnson moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 7893A and substitute it 23 for the identical Senate Bill Number 4849A, 24 Third Reading Calendar 787.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Substitution ordered. 3 THE SECRETARY: Calendar Number 4 787, by Member of the Assembly Sweeney. 5 Assembly Print Number 7893A, an act to 6 authorize. 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, 58. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 788, Senator Flanagan moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 7840A and substitute it 21 for the identical Senate Bill Number 4862A, 22 Third Reading Calendar 788. 23 ACTING PRESIDENT VALESKY: 24 Substitution ordered.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 788, by Member of the Assembly Fitzpatrick, 3 Assembly Print Number 7840A, an act in 4 relation to authorizing. 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, 58. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 789, Senator Bonacic moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 8186A and substitute it 20 for the identical Senate Bill Number 4911, 21 Third Reading Calendar 789. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 789, by Member of the Assembly Cahill, 2 Assembly Print Number 8186A, an act to amend 3 the Highway Law. 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, 58. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 790, Senator Oppenheimer moves 16 to discharge, from the Committee on Local 17 Government, Assembly Print Number 3173 and 18 substitute it for the identical Senate Bill 19 Number 4946, Third Reading Calendar 790. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 790, by Member of the Assembly -- 24 SENATOR BONACIC: Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: In relation to 4 Calendar Number 791, Senator LaValle moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 7858 and substitute it 7 for the identical Senate Bill Number 4972, 8 Third Reading Calendar 791. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 791, by Member of the Assembly Thiele, 13 Assembly Print Number 7858, an act to 14 authorize. 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, 58. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 792, Senator Foley moves to -- 4 ACTING PRESIDENT VALESKY: Hold, 5 please. If we could return to Calendar Number 6 791. 7 THE SECRETARY: In relation to 8 Calendar Number 791: Ayes, 57. Nays, 1. 9 Senator Duane recorded in the negative. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 792, Senator Foley moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 8342A and substitute it 16 for the identical Senate Bill Number 4980A, 17 Third Reading Calendar 792. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 792, by Member of the Assembly Ramos, Assembly 22 Print Number 8342A, an act in relation to 23 permitting. 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, 56. Nays, 8 2. Senators Bonacic and Larkin recorded in 9 the negative. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 793, Senator Leibell moves to 14 discharge, from the Committee on Codes, 15 Assembly Bill Number 8096 and substitute it 16 for the identical Senate Bill Number 5084, 17 Third Reading Calendar 793. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 793, by Member of the Assembly Galef, Assembly 22 Print Number 8096, an act to amend the 23 Criminal Procedure Law. 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, 58. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 794, Senator Morahan moves to 12 discharge, from the Committee on Rules, 13 Assembly Print Number 2756A and substitute it 14 for the identical Senate Bill Number 5158A, 15 Third Reading Calendar 794. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 794, by Member of the Assembly Rabbitt, 20 Assembly Print Number 2756A, an act to 21 authorize. 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, 57. Nays, 6 1. Senator Bonacic recorded in the negative. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 795, Senator Winner moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 7868 and substitute it 13 for the identical Senate Bill Number 5302, 14 Third Reading Calendar 795. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 795, by Member of the Assembly O'Mara, 19 Assembly Print Number 7868, an act to amend 20 the Criminal Procedure 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, 57. Nays, 5 1. Senator Duane recorded in the negative. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 796, Senator Winner moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 8019A and substitute it 12 for the identical Senate Bill Number 5304A, 13 Third Reading Calendar 796. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 796, by Member of the Assembly O'Mara, 18 Assembly Print Number 8019A, an act to 19 authorize. 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, 58. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 797, Senator Morahan moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 7579A and substitute it 11 for the identical Senate Bill Number 5309A, 12 Third Reading Calendar 797. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 797, by Member of the Assembly Jaffee, 17 Assembly Print Number 7579A, an act to 18 authorize. 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, 58. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 798, Senator Morahan moves to 7 discharge, from the Committee on Rules, 8 Assembly Print Number 7580A and substitute it 9 for the identical Senate Print Number 5322A, 10 Third Reading Calendar 798. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 798, by Member of the Assembly Jaffee, 15 Assembly Print Number 7580A, an act to 16 authorize. 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, 57. Nays,

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(518) 371-8910 1 1. Senator Bonacic recorded in the negative. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 799, Senator Morahan moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 2757 and substitute it 8 for the identical Senate Bill Number 5331, 9 Third Reading Calendar 799. 10 ACTING PRESIDENT VALESKY: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 799, by Member of the Assembly Rabbitt, 14 Assembly Print Number 2757, an act to 15 authorize. 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, 57. Nays, 24 1. Senator Bonacic recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 800, Senator Morahan moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 7751A and substitute it 7 for the identical Senate Bill Number 5336A, 8 Third Reading Calendar 800. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 800, by Member of the Assembly Rabbitt, 13 Assembly Print Number 7751A, an act to 14 authorize. 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, 57. Nays, 23 1. Senator Bonacic recorded in the negative. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 801, Senator Morahan moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 7750A and substitute it 6 for the identical Senate Bill Number 5337A, 7 Third Reading Calendar 801. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 801, by Member of the Assembly Rabbitt, 12 Assembly Print Number 7750A, an act to 13 authorize the Town of Ramapo. 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, 57. Nays, 22 1. Senator Bonacic recorded in the negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 803, Senator LaValle moves to 3 discharge, from the Committee on Judiciary, 4 Assembly Bill Number 7288 and substitute it 5 for the identical Senate Bill Number 5358, 6 Third Reading Calendar 803. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 803, by Member of the Assembly Pretlow, 11 Assembly Print Number 7288, an act in relation 12 to authorizing. 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, 58. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 804, Senator Volker moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 8132 and substitute it 3 for the identical Senate Bill Number 5362, 4 Third Reading Calendar 804. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 804, by Member of the Assembly Errigo, 9 Assembly Print Number 8132, an act to 10 authorize the funding. 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, 58. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 805, Senator Libous moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 8020A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5397A, 2 Third Reading Calendar 805. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 805, by Member of the Assembly O'Mara, 7 Assembly Print Number 8020A, an act to 8 authorize. 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, 58. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 806, Senator Valesky moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 8017 and substitute it 24 for the identical Senate Bill Number 5405,

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(518) 371-8910 1 Third Reading Calendar 806. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 806, by Member of the Assembly Magee, Assembly 6 Print Number 8017, an act to amend Chapter 342 7 of the Laws of 2005. 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, 58. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 807, Senator Klein moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 8114A and substitute it 22 for the identical Senate Bill Number 5436A, 23 Third Reading Calendar 807. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 807, by Member of the Assembly Canestrari, 4 Assembly Print Number 8114A, an act to amend 5 the Public Authorities 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, 58. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 808, Senator Addabbo moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 5651A and substitute it 20 for the identical Senate Bill Number 5443A, 21 Third Reading Calendar 808. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 808, by Member of the Assembly Pheffer, 2 Assembly Print Number 5651A, an act 3 authorizing the City of New York. 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, 58. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 809, Senator Duane moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 8573 and substitute it 19 for the identical Senate Bill Number 5450, 20 Third Reading Calendar 809. 21 ACTING PRESIDENT VALESKY: 22 Substitution ordered. 23 THE SECRETARY: Calendar Number 24 809, by Member of the Assembly Rosenthal,

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(518) 371-8910 1 Assembly Print Number 8573, an act to amend 2 the New York State Medical Care Facilities 3 Finance Agency Act. 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, 58. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 810, Senator Larkin moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 8272 and substitute it 18 for the identical Senate Bill Number 5458, 19 Third Reading Calendar 810. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 810, by Member of the Assembly Skartados, 24 Assembly Print Number 8272, an act to

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(518) 371-8910 1 authorize. 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, 58. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 811, Senator Libous moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 8286 and substitute it 17 for the identical Senate Bill Number 5490, 18 Third Reading Calendar 811. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 811, by Member of the Assembly Crouch, 23 Assembly Print Number 8286, an act to 24 authorize.

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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, 58. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 812, Senator DeFrancisco moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 8379A and substitute it 16 for the identical Senate Bill Number 5506A, 17 Third Reading Calendar 812. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 812, by Member of the Assembly Barclay, 22 Assembly Print Number 8379A, an act to amend 23 Chapter 607 of the Laws of 2004. 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 SENATOR DUANE: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: In relation to 7 Calendar Number 813, Senator Savino moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 7993 and substitute it 10 for the identical Senate Bill Number 5541, 11 Third Reading Calendar 813. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 813, by Member of the Assembly Abbate, 16 Assembly Print Number 7993, an act to amend 17 the Retirement and Social Security 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, 58. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 814, Senator Farley moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 8354 and substitute it 8 for the identical Senate Bill Number 5555, 9 Third Reading Calendar 814. 10 ACTING PRESIDENT VALESKY: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 814, by Member of the Assembly Amedore, 14 Assembly Print Number 8354, an act to amend 15 the Criminal Procedure Law. 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, 58. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 815, Senator Fuschillo moves 4 to discharge, from the Committee on Rules, 5 Assembly Bill Number 8356 and substitute it 6 for the identical Senate Bill Number 5556, 7 Third Reading Calendar 815. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 815, by Member of the Assembly Walker, 12 Assembly Print Number 8356, an act in relation 13 to a real property tax exemption. 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, 58. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 816, Senator Libous moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 8370 and substitute it 4 for the identical Senate Bill Number 5581, 5 Third Reading Calendar 816. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 816, by Member of the Assembly Lupardo, 10 Assembly Print Number 8370, an act to 11 authorize. 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, 58. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 817, Senator Larkin moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 8600 and substitute it 2 for the identical Senate Bill Number 5602, 3 Third Reading Calendar 817. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 817, by Member of the Assembly Rabbitt, 8 Assembly Print Number 8600, an act to 9 authorize the Village of Monroe. 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, 58. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 818, Senator McDonald moves to 23 discharge, from the Committee on Rules, 24 Assembly Print Number 8588 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5654, 2 Third Reading Calendar 818. 3 SENATOR MONTGOMERY: Lay it 4 aside. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered, and the bill is laid 7 aside. 8 THE SECRETARY: In relation to 9 Calendar Number 819, Senator McDonald moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 8589 and substitute it 12 for the identical Senate Bill Number 5655, 13 Third Reading Calendar 819. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 819, by Member of the Assembly Gordon, 18 Assembly Print Number 8589, an act to 19 legalize, validate, ratify and confirm. 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, 58. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 820, Senator Larkin moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8669 and substitute it 11 for the identical Senate Bill Number 5703, 12 Third Reading Calendar 820. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 820, by Member of the Assembly Rabbitt, 17 Assembly Print Number 8669, an act to amend 18 the Town Law. 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, 58. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 821, Senator Oppenheimer moves 7 to discharge, from the Committee on Rules, 8 Assembly Bill Number 8580 and substitute it 9 for the identical Senate Bill Number 5713, 10 Third Reading Calendar 821. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 821, by Member of the Assembly Bradley, 15 Assembly Print Number 8580, an act to amend 16 the County 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, 58. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 822, Senator Oppenheimer moves 6 to discharge, from the Committee on Rules, 7 Assembly Bill Number 8637 and substitute it 8 for the identical Senate Bill Number 5730, 9 Third Reading Calendar 822. 10 ACTING PRESIDENT VALESKY: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 822, by Member of the Assembly Latimer, 14 Assembly Print Number 8637, an act to amend 15 the Criminal Procedure Law. 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, 57. Nays, 24 1. Senator Duane recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 823, Senator Saland moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 8661 and substitute it 7 for the identical Senate Bill Number 5735, 8 Third Reading Calendar 823. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 823, by Member of the Assembly Molinaro, 13 Assembly Print Number 8661, an act to 14 authorize the Town of Austerlitz. 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, 58. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 825, Senator Valesky moves to 4 discharge, from the Committee on Commerce, 5 Economic Development and Small Business, 6 Assembly Print Number 7368 and substitute it 7 for the identical Senate Bill Number 5749, 8 Third Reading Calendar 825. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 825, by Member of the Assembly Schimminger, 13 Assembly Print Number 7368, an act to amend 14 Chapter 192 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: In relation to 23 Calendar Number 825: Ayes, 57. Nays, 1. 24 Senator Dilan recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 826, Senator Leibell moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 8387A and substitute it 7 for the identical Senate Bill Number 5762A, 8 Third Reading Calendar 826. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 826, by Member of the Assembly Bradley, 13 Assembly Print Number 8387A, an act in 14 relation to creating. 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, 58. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 827, Senator Leibell moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 8097 and substitute it 5 for the identical Senate Bill Number 5763, 6 Third Reading Calendar 827. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 827, by Member of the Assembly Galef, Assembly 11 Print Number 8097, an act to authorize. 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, 57. Nays, 20 1. Senator Bonacic recorded in the negative. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 828, Senator Marcellino moves

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(518) 371-8910 1 to discharge, from the Committee on Rules, 2 Assembly Bill Number 8729A and substitute it 3 for the identical Senate Bill Number 5769A, 4 Third Reading Calendar 828. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 828, by Member of the Assembly Lavine, 9 Assembly Print Number 8729A, an act to amend 10 the Public Authorities 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, 58. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 829, Senator Little moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 8725 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5780, 2 Third Reading Calendar 829. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 829, by Member of the Assembly Jordan, 7 Assembly Print Number 8725, an act to 8 legalize, validate, ratify and confirm. 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 THE SECRETARY: Ayes, 57. Nays, 17 1. Senator Dilan recorded in the negative. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 830, Senator Serrano moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 8599A and substitute it 24 for the identical Senate Bill Number 5810A,

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(518) 371-8910 1 Third Reading Calendar 830. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 830, by Member of the Assembly Powell, 6 Assembly Print Number 8599A, an act to amend 7 the Public Authorities Law. 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, 58. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 831, Senator Libous moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 8774 and substitute it 22 for the identical Senate Bill Number 5816, 23 Third Reading Calendar 831. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 831, by Member of the Assembly Crouch, 4 Assembly Print Number 8774, an act to 5 authorize the Village of New Berlin. 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, 58. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 832, Senator Bonacic moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 8767A and substitute it 21 for the identical Senate Bill Number 5828A, 22 Third Reading Calendar 832. 23 ACTING PRESIDENT VALESKY: 24 Substitution ordered.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 832, by Member of the Assembly Gunther, 3 Assembly Print Number 8767A, an act to amend 4 the Tax 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 ACTING PRESIDENT VALESKY: 13 Senator Bonacic, to explain his vote. 14 SENATOR BONACIC: This 15 legislation we believe will create 1500 jobs 16 in Sullivan County over a three-year period. 17 I want to thank Senator Klein, who 18 worked with me to help advance this 19 legislation. 20 I'm going to vote in the 21 affirmative. Thank you. 22 ACTING PRESIDENT VALESKY: 23 Senator Bonacic to be recorded in the 24 affirmative.

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(518) 371-8910 1 The Secretary will announce the 2 results. 3 THE SECRETARY: Ayes, 58. Nays, 4 0. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 833, Senator Huntley moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8768 and substitute it 11 for the identical Senate Bill Number 5830, 12 Third Reading Calendar 833. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 833, by Member of the Assembly Rivera, 17 Assembly Print Number 8768, an act to amend 18 the Public Authorities Law. 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, 58. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 834, Senator Farley moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 4421A and substitute it 9 for the identical Senate Bill Number 5840, 10 Reading Calendar 834. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 834, by Member of the Assembly Butler, 15 Assembly Print Number 4421A, an act to amend 16 Chapter 148 of the Laws of 2001. 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, 58. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 835, Senator Libous moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 8890 and substitute it 8 for the identical Senate Bill Number 5867A, 9 Third Reading Calendar 835. 10 ACTING PRESIDENT VALESKY: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 835, by Member of the Assembly Lupardo, 14 Assembly Print Number 8890, an act in relation 15 to creating. 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, 58. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 836, Senator LaValle moves to 4 discharge, from the Committee on Rules, 5 Assembly Print Number 8368A and substitute it 6 for the identical Senate Bill Number 5899, 7 Third Reading Calendar 836. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 836, by Member of the Assembly Alessi, 12 Assembly Print Number 8368A, an act to amend 13 Chapter 924 of the Laws of 1941. 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, 58. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 837, Senator Morahan moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 8815 and substitute it 4 for the identical Senate Bill Number 5903, 5 Third Reading Calendar 837. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 837, by Member of the Assembly Zebrowski, 10 Assembly Print Number 8815, an act to amend 11 the Town Law. 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, 58. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 838, Senator Morahan moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 7773A and substitute it 2 for the identical Senate Bill Number 5904, 3 Third Reading Calendar 838. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 838, by Member of the Assembly Rabbitt, 8 Assembly Print Number 7773A, an act to 9 authorize. 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, 57. Nays, 18 1. Senator Bonacic recorded in the negative. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 839, Senator Morahan moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 7775A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5905, 2 Third Reading Calendar 839. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 839, by Member of the Assembly Rabbitt, 7 Assembly Print Number 7775A, an act to 8 authorize the Town of Ramapo. 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 THE SECRETARY: Ayes, 57. Nays, 17 1. Senator Bonacic recorded in the negative. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 840, by Senator Foley, Senate Print 5948, an 22 act to amend the Real Property Tax Law. 23 ACTING PRESIDENT VALESKY: Read 24 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, 58. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 841, Senator Aubertine moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 8967 and substitute it 13 for the identical Senate Bill Number 5951, 14 Third Reading Calendar 841. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 841, by Member of the Assembly Russell, 19 Assembly Print Number 8967, an act to 20 legalize, validate, ratify and confirm. 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, 58. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 842 -- 10 SENATOR YOUNG: Lay it aside. 11 ACTING PRESIDENT VALESKY: Could 12 we take the substitution up first, please. 13 THE SECRETARY: In relation to 14 Calendar Number 842, Senator Schneiderman 15 moves to discharge, from the Committee on 16 Rules, Assembly Bill Number 8956A and 17 substitute it for the identical Senate Bill 18 Number 6003A, Third Reading Calendar 842. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered, and the bill is laid 21 aside. 22 Senator Klein, that completes the 23 noncontroversial reading of the active bills 24 on Senate Calendar Number 61.

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(518) 371-8910 1 The Secretary will return and put 2 Calendar Number 644 before the house. I 3 believe Senator Hannon is withdrawing his 4 lay-aside. 5 THE SECRETARY: Calendar Number 6 644, by Senator Klein, Senate Print 5622, an 7 act to amend Part R-1 of Chapter 57 of the 8 Laws of 2009. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 3. 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, 58. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 concerning Calendar 842, Senator 22 Schneiderman's bill, can we lay the bill aside 23 temporarily. 24 ACTING PRESIDENT VALESKY: That

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(518) 371-8910 1 bill has already been laid aside, Senator 2 Klein, I believe by Senator Young. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Klein. 5 SENATOR KLEIN: Madam President, 6 at this time can we take up a reading of the 7 controversial calendar. 8 ACTING PRESIDENT STEWART-COUSINS: 9 If the Secretary would please ring the bells, 10 members are all asked to come to the chamber 11 for the controversial reading of active bills 12 on the calendar. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 78, by Member of the Assembly Clark, Assembly 16 Print Number 1968, an act in relation -- 17 SENATOR KLEIN: Lay the bill 18 aside for the day, please. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 377, by Member of the Assembly Millman, 23 Assembly Print Number 301, an act to amend the 24 Public Health Law and the Insurance Law.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 SENATOR LIBOUS: Explanation. 4 SENATOR DUANE: Lay it aside for 5 the day, please. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is laid aside for the day. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 396, substituted earlier today by Member of 11 the Assembly Galef, Assembly Print Number 12 7347, an act to amend the Election Law. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Read the last section. 15 SENATOR LIBOUS: Explanation, 16 please. 17 ACTING PRESIDENT STEWART-COUSINS: 18 An explanation has been requested. 19 SENATOR LIZ KRUEGER: Thank you, 20 Madam President. 21 This bill adds the words "writing 22 in a letter, telefax or other written 23 instrument" to Election Law -- 24 SENATOR LIBOUS: Madam President.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Libous. 3 SENATOR LIBOUS: Madam President, 4 I'm sorry, but Senator Krueger, we can't hear 5 you at all over here. 6 SENATOR LIZ KRUEGER: I will try 7 to speak up for you, Senator Libous. 8 SENATOR LIBOUS: Thank you. 9 We're very anxious to hear what you have to 10 say, and we really want to hear. 11 SENATOR LIZ KRUEGER: And I'm 12 anxious to share with you. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Krueger. 15 SENATOR LIZ KRUEGER: Thank you, 16 Madam President. 17 This bill adds the words "writing 18 in a letter, telefax or other written 19 instrument" to Election Law Section 8-400, 20 paragraph 2, paragraph D. 21 What it does, it allows voters to 22 request an absentee ballot not only by 23 appearing in person or through a written 24 letter but through being allowed to telefax --

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(518) 371-8910 1 what we know as fax -- the request into the 2 Board of Election. 3 This is technically a 21st century 4 modernization to what already is standard in 5 law, allowing a signature to be signed onto 6 the application for the absentee ballot, and 7 the voter either has to go into the office or 8 mail it into the office. 9 And this will increase the ability 10 of voters to get their requests into the Board 11 of Election at both less cost and potentially 12 less of a problem for them getting to the 13 offices. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you, Senator. 16 Are there any other Senators 17 wishing to be heard on the bill? 18 Hearing none, then the debate is 19 closed. The Secretary will please ring the 20 bells. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of January 24 next succeeding.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Krueger, to explain her vote. 6 SENATOR LIZ KRUEGER: Thank you 7 very much. 8 I'm very proud to be sponsoring 9 this bill today. And when I made the 10 explanation earlier, perhaps I also didn't 11 mention probably the greatest number of people 12 who will be impacted by this bill -- which 13 passed 143 to zero in the Assembly -- are our 14 military members. 15 This assures that military voters 16 who request and receive absentee ballots can 17 in fact use our fax machines to get their 18 absentee ballot requests back here to the 19 United States of America. 20 We know that there's enormous 21 problems with mail and timelines of 22 time-sensitive mail for our U.S. military 23 throughout the world. In 2001, the GAO 24 estimated 6.1 million citizens, including

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(518) 371-8910 1 almost 3 million active military personnel and 2 their relatives, lived overseas, and they have 3 a disproportionately more difficult time being 4 able to file their absentee ballot requests. 5 So I'm very pleased and hope that 6 this bill will pass because it means so much 7 to our men and women in the military 8 throughout the world in ensuring they have the 9 right to vote while they are protecting our 10 interests around the world. 11 Thank you, Madam President. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Klein. 14 SENATOR KLEIN: Madam President, 15 can I make a motion to withdraw the roll and 16 lay the bill aside for the day. 17 ACTING PRESIDENT STEWART-COUSINS: 18 We will withdraw the roll, and we will lay the 19 bill aside for the day. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 445, substituted earlier today by Member of 23 the Assembly Abbate, Assembly Print Number 24 7170A, an act to amend the Civil Service Law.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 SENATOR LIBOUS: Explanation. 4 ACTING PRESIDENT STEWART-COUSINS: 5 An explanation has been requested, Senator 6 Savino. 7 SENATOR SAVINO: Thank you, Madam 8 President. 9 This bill would seek to amend the 10 Civil Service Law in relation to the duration 11 of probationary periods and disciplinary 12 hearings for employees who are members of the 13 noncompetitive class in the HHC, the Health 14 and Hospitals Corporation of the City of 15 New York. 16 Currently, under Civil Service Law, 17 noncompetitive employees have to serve five 18 years' probation prior to the ability to have 19 due process rights. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Again, order, please, so we can hear the 22 explanation. 23 SENATOR SAVINO: Thank you, Madam 24 President.

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(518) 371-8910 1 Currently, noncompetitive class 2 employees who serve anywhere in the civil 3 service system have to serve five years of 4 probation prior to having obtained the right 5 to have disciplinary rights or Section 75 6 rights under Section 75 of the Civil Service 7 Law. 8 So what this bill would do is it 9 would shrink that period of time to one year, 10 mirroring the same probationary period that 11 applies to employees who serve in the 12 competitive class system. It's predicated on 13 the idea that one year is enough of a period 14 of time for an employer to determine that an 15 employee should be retained, they've reached 16 satisfactory levels, and that five years is 17 too long. 18 In fact, I understand there are 19 some who believe that I should take this and 20 apply it to all employees who serve under the 21 civil service system statewide in the 22 noncompetitive class system. I actually 23 agree; I think we should. I don't think we're 24 quite ready to get there yet, though.

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(518) 371-8910 1 And in fact, two years ago when 2 Senator Robach was chair of the Civil Service 3 and Pensions Committee and I was the ranker, 4 we moved a piece of legislation through that 5 committee that tasked the State Civil Service 6 Commission, the city Department of Citywide 7 Administrative Services, and other 8 municipalities and localities to develop a 9 plan to reduce the number of provisional 10 employees serving all around the state who are 11 exceeding the 24-month period of time. 12 We asked them to do that because 13 many localities -- a little order, please -- 14 many localities had taken to hiring people in 15 the competitive class positions, which are 16 positions where people must be tested for 17 merit and fitness, hiring them under 18 provisional status and never moving them into 19 the permanent status by scheduling civil 20 service exams, moving them off those lists, 21 appointing them as probably permanenters, and 22 allowing them to obtain permanent status and 23 therefore due process rights and protections. 24 In response to that, over the years

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(518) 371-8910 1 many collective bargaining agents around the 2 state negotiated extra protections for those 3 workers. Those who served in a provisional 4 title in a competitive class position for more 5 than 24 months, their unions were able to 6 negotiate with those localities and 7 municipalities due process rights similar to 8 those in Section 75 of Civil Service Law. 9 And they enjoyed that for several 10 years, until a decision in a case out in Long 11 Beach was rendered about three years ago, 12 saying that a union cannot negotiate a better 13 benefit or more protection than the law 14 provides. 15 And what this Legislature did, when 16 Senator Robach was the chair, we directed the 17 localities to come up with a five-year plan to 18 reduce the number of people serving in 19 competitive class positions as provisional 20 employees within five years. 21 They've recently shared with us, 22 through the Civil Service Commission, the 23 results of that plan to date. And what we 24 have found -- and we've talked about this in

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(518) 371-8910 1 the Civil Service Committee; we've even 2 discussed having a hearing on this -- instead 3 of the localities scheduling exams, moving 4 people in competitive class positions, moving 5 them into probable permanent status, 6 eventually obtaining permanency and due 7 process rights and security, what they've done 8 is they've sought to reclassify hundreds of 9 competitive class positions to the 10 noncompetitive titles. And the reason they 11 did that is because noncompetitive employees 12 serve at will for up to five years. 13 Now, what's at stake here -- and I 14 believe this is the shot across the bow. 15 We're taking on the city's HHC, and I think 16 that this Senate -- 17 ACTING PRESIDENT STEWART-COUSINS: 18 Again, I'd like, please, some order. 19 SENATOR SAVINO: I believe that 20 this Senate, along with the Assembly, should 21 demand that the State Civil Service Commission 22 reject the findings of that report and demand 23 that they actually adhere to the law and 24 uphold the concept of merit and fitness, which

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(518) 371-8910 1 is how average constituents in all of our 2 districts have the opportunity to compete 3 among their peers, get a job, and be able to 4 obtain security and due process rights. 5 That's what this bill is really about. 6 So we're sending a message to the 7 HHC, we're starting there: Don't attempt to 8 circumvent the competitive class system 9 replacing those employees with noncompetitive 10 employees who really serve at will. 11 Thank you. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Thank you, Senator. 14 Senator Hannon. 15 SENATOR HANNON: On the bill, 16 Madam President. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Hannon, on the bill. 19 SENATOR HANNON: I have a couple 20 of problems with this bill. Not because of 21 what it would do -- because I'm sure the 22 people that it affects feel and have merited 23 the rights that would be granted -- but rather 24 that it's arrived at not through collective

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(518) 371-8910 1 bargaining. That it is trying to be imposed 2 as going around collective bargaining. 3 Despite this convoluted explanation 4 by the sponsor as to sending messages and 5 reports and all of that, the basic thing is it 6 grants a right directly, it gives that right 7 without the collective bargaining. It sets a 8 bad precedent to do it without collective 9 bargaining. It allows the management to come 10 back, they may want to impose or take away 11 things without collective bargaining. I think 12 it undercuts a property that we've established 13 in public policy. 14 Furthermore, I think technically 15 this bill is totally flawed. It would reduce 16 the probationary period five years to one 17 year, but it takes effect immediately. When 18 does the one year begin? From their time of 19 employment? From the time of the bill? Who 20 is affected? How is the class affected? It 21 just leaves chaos in its wake. 22 For that reason, I'd be against the 23 bill. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Thank you, Senator. 2 Are there any other Senators 3 wishing to be heard on the bill? 4 Hearing none, the debate is closed. 5 The Secretary will please ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Call the roll. 11 (The Secretary called the roll.) 12 SENATOR SAVINO: Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Savino. 15 SENATOR SAVINO: Thank you, Madam 16 President. 17 Obviously I have not done a good 18 enough job convincing my colleagues of the 19 importance of this bill, and I have some work 20 yet to do on it. So I would request that we 21 withdraw the roll call and lay the bill aside 22 for the day so I can continue to work on 23 convincing my colleagues of how important this 24 is.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The roll call will be withdrawn, and the bill 4 is laid aside for the day. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 486, substituted earlier today by Member of 8 the Assembly Schroeder, Assembly Print Number 9 2247B, an act in relation to authorizing and 10 directing. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 SENATOR DeFRANCISCO: 14 Explanation. 15 ACTING PRESIDENT STEWART-COUSINS: 16 An explanation has been requested, Senator 17 Stachowski. 18 SENATOR STACHOWSKI: This bill 19 calls for the Department of Labor to do a 20 study on hostile behavior and consequences of 21 that behavior in the workplace. It would do 22 the study over the course of a year and come 23 back with a report on the hostile behavior 24 they find in various workplaces and also a

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(518) 371-8910 1 list of recommendations and how to deal with 2 those hostile situations. 3 This would save businesses money in 4 the long run. It would prevent, hopefully 5 prevent violent situations that often erupt in 6 the workplace. And the cost would be far 7 exceeded in the savings that would accrue from 8 the prevention of future violent behavior in 9 various work situations. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Thank you, Senator. 12 Are there any other Senators 13 wishing to be heard on the bill? 14 Hearing none, the debate is closed. 15 The Secretary will ring the bells. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator DeFrancisco, to explain his vote. 24 Again, please, let's be courteous

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(518) 371-8910 1 to each other. 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: Yes, I'm 4 voting no on this bill. 5 There's been study after study that 6 we have authorized over the years, and I don't 7 think we have the luxury of studies worth 8 $300,000 or a million dollars, like an earlier 9 bill was, when we're in a deficit situation 10 that keeps growing. 11 So I'm going to vote no because of 12 the financial circumstances of the state at 13 the present time. 14 Thank you. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator. Senator DeFrancisco to be 17 recorded in the negative. 18 Announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 486 are 21 Senators DeFrancisco, Golden, Little, Seward, 22 Skelos and Winner. Also Senator Nozzolio. 23 Also Senator Saland. Also voting in the 24 negative, Senator Bonacic.

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(518) 371-8910 1 Absent from voting, Senators Diaz 2 and C. Kruger. Excused from voting, Senators 3 Foley, O. Johnson and Squadron. 4 Ayes, 48. Nays, 9. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The bill is passed. 7 The Secretary will continue to 8 read. 9 THE SECRETARY: Calendar Number 10 564, substituted earlier today by Member of 11 the Assembly Hoyt, Assembly Print Number 695A, 12 an act to amend the General Municipal Law. 13 SENATOR DeFRANCISCO: 14 Explanation. 15 ACTING PRESIDENT STEWART-COUSINS: 16 An explanation has been requested, Senator 17 Valesky. 18 SENATOR VALESKY: Yes, Madam 19 President. This legislation is designed to 20 clarify existing state law and provide an 21 additional tool for local governments, cities, 22 villages across the state who are anxious to 23 be able to enhance their downtowns and other 24 neighborhoods, through clarifying that

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(518) 371-8910 1 regulations adopted by those local governments 2 may prohibit improper maintenance of a 3 historical place or building or work of art 4 from substantial deterioration. 5 We have found across the state in 6 many communities that historical buildings 7 that have suffered or continue to suffer from 8 substantial deterioration, which the bill 9 defines, have a direct result on the quality 10 of life in those communities. 11 So again, this is intended to be a 12 tool to allow those local governments the 13 opportunity to strengthen those local laws. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you, Senator. 16 Senator DeFrancisco, why do you 17 rise? 18 SENATOR DeFRANCISCO: Yes, I 19 rise -- I'm going to vote against this bill, 20 and the reason is as follows. 21 There are owners who have historic 22 buildings that they own and it's so 23 restrictive as far as what you can do in many 24 instances with these buildings. That, to me,

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(518) 371-8910 1 is the reason why many of these buildings 2 remain vacant for years and years and years, 3 so that the owner cannot do what the owner 4 wants to do with his or her property. And 5 what happens, it does deteriorate and there 6 are problems. There was a building in our 7 city, Dave Valesky's city and mine, Syracuse, 8 at the corner of Butternut Street and Park 9 Street, for years that was basically, in my 10 judgment, historic junk. The owner wanted to 11 do something with it which would have 12 rehabilitated the building, but it had some 13 name associated with it and therefore was 14 considered historic. 15 Well, years went by and it 16 deteriorated substantially, and eventually 17 permission was given after years to knock it 18 down. 19 The reason that it deteriorated 20 wasn't because the city didn't have another 21 authority to try to convince them to keep this 22 property from deteriorating. The reason it 23 deteriorated was because the owner wasn't 24 allowed to do what he could do economically

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(518) 371-8910 1 with the property to make it viable. 2 To give the city another tool in 3 this situation, in the situation where I can't 4 use my property the way I want so economically 5 it's a loser -- and now the city is going to 6 come in and say too bad, the historic rules 7 say you can't do anything except X, Y and Z 8 with the property, now we're also going to 9 require you in your business, that makes no 10 sense, is to start putting more money into a 11 loss. 12 And eventually what's going to 13 happen, I think, with more tools like this, 14 after preventing a landowner from what they 15 can do with their property, is more buildings 16 are going to deteriorate. And I think what we 17 need really is reason on behalf of some of 18 these organizations that declare structures 19 historic in being flexible as to what they can 20 do economically with the building. 21 So I'm going to vote against this 22 bill for that reason. And I would urge others 23 to consider that logic in making their vote as 24 well. Thank you.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator DeFrancisco to be recorded in the 3 negative. 4 Senator Padavan. 5 SENATOR PADAVAN: Yes, will the 6 sponsor yield to a question? 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Valesky, will you yield for a 9 question? 10 SENATOR VALESKY: Certainly. 11 SENATOR PADAVAN: Senator, in my 12 district we have a place called Fort Totten, 13 which was excessed by the federal government, 14 taken over now by the City of New York. It's 15 now a park. In the middle of it is the 16 original home of the commandant of Fort 17 Totten, goes back a hundred-and-some-odd 18 years. It's a landmark. The problem is it's 19 falling down, it's falling apart, it's 20 deteriorating. 21 To the government of the City of 22 New York, who owns the property, we say, Why 23 don't you stabilize it and, if at all 24 possible, restore it? They say: We don't

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(518) 371-8910 1 have the money to do it. We'd love to, but we 2 don't have the funds. 3 Now, tell me how your bill will 4 help solve that problem. 5 SENATOR VALESKY: Senator 6 Padavan, and through you, Madam President, I 7 don't believe this bill would help solve that 8 problem. I don't believe -- 9 SENATOR PADAVAN: Therefore, in 10 what way -- excuse me. If you would yield 11 again. 12 SENATOR VALESKY: If I can finish 13 my answer, Senator. 14 SENATOR PADAVAN: Oh, you weren't 15 finished. All right, go ahead. 16 SENATOR VALESKY: This bill does 17 not address an historic property that is owned 18 by a locality. It is intended to address an 19 historic property owned by a private entity. 20 SENATOR PADAVAN: All right, 21 Senator, would you yield again? 22 SENATOR VALESKY: Yes. 23 SENATOR PADAVAN: Well, let's say 24 that private entity, like the City of New York

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(518) 371-8910 1 Parks Department, says that we don't have the 2 money to do it; we'd love to do it, but we 3 don't have the funds to do it with. How do 4 you overcome that difficulty? 5 SENATOR VALESKY: Madam 6 President, through you, I think that the 7 legislation, should it become law, would 8 provide the local government with the 9 additional tool to provide additional pressure 10 on the owner of the property to make the 11 necessary improvements to prevent it from 12 deteriorating from substantial neglect. 13 SENATOR PADAVAN: Madam 14 President, on the bill, if I may. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Padavan, on the bill. 17 SENATOR PADAVAN: I'm certainly 18 sympathetic, and the record clearly shows that 19 in my area and elsewhere we have been involved 20 with restorations of significant magnitude, 21 throughout my district and throughout the 22 city. So I support the thrust of what you're 23 trying to do. 24 But the fact remains unless you

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(518) 371-8910 1 back it up with some tangible assets so that 2 property owners, whether they be the City of 3 New York or a private owner who justifies and 4 clearly indicates that they don't have the 5 resources to do what you'd like them to do, 6 unless you put that money here or some fund or 7 access to some resource, then the bill really 8 has very limited value, unfortunately. I wish 9 it didn't. 10 And so for that reason I'm going to 11 vote no. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Padavan to be recorded in the 14 negative. 15 Are there any other Senators 16 wishing to be heard on the bill? 17 Senator Maziarz. 18 SENATOR MAZIARZ: Madam 19 President, I understand very well my 20 colleagues Senator DeFrancisco and Senator 21 Padavan's questions and concerns about this 22 bill. I had some of those similar concerns 23 until I saw that last year this was a Maziarz 24 bill.

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(518) 371-8910 1 So on the balance, I think it's a 2 good bill, and I'm going to vote in favor of 3 it, Madam President. Thank you. 4 (Laughter.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Maziarz to be recorded in the 7 affirmative. 8 Any other Senators wishing to be 9 heard on the bill? 10 Hearing none, the debate is closed. 11 The Secretary will please ring the 12 bell. 13 Read the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the 90th day. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator DeFrancisco, to explain his vote. 21 SENATOR DeFRANCISCO: Yes. I'm 22 voting no. 23 In addition to the comments I made 24 earlier, I think the points made by Senator

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(518) 371-8910 1 Padavan indicate that this bill is basically a 2 bill that could be another government "do as I 3 say and not as I do," which require burdens on 4 citizens that they don't permit them to have 5 to suffer on their own. 6 Secondly, right now there are 7 zoning ordinances and there are code 8 requirements of buildings, whether they're 9 vacant or not, and the cities have ample 10 ability through existing law to make sure 11 buildings are in safe condition. 12 So why give another tool to put a 13 burden on an economic loss for a citizen when 14 the economic loss is primarily if not solely 15 because of the fact that the owner cannot do 16 with his or her property what he or she 17 chooses to do? 18 So I vote no. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator DeFrancisco to be recorded in the 21 negative. 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 564 are

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(518) 371-8910 1 Senators DeFrancisco, Flanagan, Golden, and 2 Skelos. 3 Absent from voting, Senators Diaz 4 and Padavan. 5 Ayes, 53. Nays, 4. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 566, substituted earlier today by Member of 12 the Assembly Galef, Assembly Print Number 13 5276A, an act to amend the Election Law. 14 SENATOR VALESKY: Lay the bill 15 aside for the day, please. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is laid aside for the day. 18 The Secretary will continue to 19 read. 20 THE SECRETARY: Calendar Number 21 581, by Senator Sampson, Senate Print 3708D, 22 an act to amend the General Business Law. 23 SENATOR SALAND: Explanation. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 An explanation has been requested, Senator 2 Sampson. 3 SENATOR SAMPSON: Who has asked 4 for the explanation, Madam President? 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Saland. 7 SENATOR SAMPSON: Senator Saland, 8 thank you very much. I just wanted to make 9 sure. 10 Basically, this bill requires 11 licensed appearance-enhancement professionals 12 to take continuing education classes in 13 infections controls and transmissions. 14 Basically what this bill does is 15 recognizes the need to protect the public from 16 the spread of communicable diseases by 17 ensuring that barbers who handle sharp 18 instruments such as scissors and razors are 19 adequately trained in infection controls and 20 transmissions as well as proper methods of 21 sanitation and sterilization. 22 In addition, this would require 23 enhancement professionals to successfully 24 complete, within three months of their

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(518) 371-8910 1 application for a license, a study in 2 infections controls as a prerequisite to 3 receiving a license. And this could be -- 4 proof can be shown by a certificate. 5 In addition, any school can be 6 certified as a school of infection controls 7 through approval of a course or a curriculum 8 in sterilization and infection control by the 9 Department of Education. 10 In addition, this does have a sort 11 of an enhancement. It says for each school of 12 infection control shall be annually a 13 percentage of their gross tuition, beginning 14 in 2010 with 6 percent, and declining by 15 1 percent each year until 2013, when at that 16 point in time it will be 3 percent of the 17 gross tuition. That money shall be given to 18 the Secretary of State to use for enforcement 19 of this legislation. 20 The interesting thing about this 21 legislation was last year it passed this house 22 unanimously, but the Governor had vetoed it. 23 And his concerns were addressed. And one 24 concern that was addressed with respect to the

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(518) 371-8910 1 assessment of the percentage which would allow 2 for collection of revenue so we can assist in 3 the enforcement. 4 And in addition, there was concern 5 about whether this would be a monopoly. And 6 what we have shown is that there are 7 additional schools who are ready, willing and 8 able who can enforce this curriculum, and the 9 only thing they have to do is to go through 10 the Department of Education. 11 One more second. And this issue, 12 where they talked about with respect to a 13 monopoly issue, I can give an example. In 14 1990, new laws were enacted regarding the 15 courses required for barbers to be licensed to 16 do business in the state. At the time of the 17 law there was only one school in the state 18 that offered this type of course. 19 However, within a few months, there 20 were seven to eight newly licensed schools who 21 can provide these courses. Which might have 22 created a monopoly momentarily, but it gave 23 the avenue in which they can go out and go to 24 the Department of Education to take a course

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(518) 371-8910 1 and thus can create more schools to deal with 2 the infection control of disease. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator. 5 Senator Saland. 6 SENATOR SALAND: Thank you, Madam 7 President. Senator Sampson, I didn't hear -- 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Saland, are you asking Senator Sampson 10 to yield? 11 SENATOR SALAND: Yes, Madam 12 President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Sampson, do you yield? 15 SENATOR SAMPSON: Oh, yes, 16 Senator Saland, I yield. 17 SENATOR SALAND: The example that 18 you gave, I could not hear what school you 19 were talking about. You made reference to 20 something back in 1990. 21 SENATOR SAMPSON: In 1990, there 22 were new laws that were enacted regarding the 23 courses required for barbers to be licensed to 24 do business in the state. And at that time

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(518) 371-8910 1 there was only one school who had offered this 2 type of coursework. But within a few months, 3 seven to eight newly licensed schools were 4 created, so thus more were given the 5 opportunity. 6 And I think there was an issue with 7 respect to the issue of a monopoly. But what 8 it allows is for schools to go through the 9 Department of Education for this course so 10 they can be duly licensed to offer these sort 11 of classes in infection control and 12 transmission. 13 SENATOR SALAND: Thank you, 14 Senator Sampson. If you'll continue to yield. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Sampson, do you continue to yield? 17 SENATOR SAMPSON: Yes. 18 SENATOR SALAND: I'm not at all 19 troubled by your desire to deal with issues of 20 infection prevention, and certainly commend 21 you for that. 22 Although you have not, I believe, 23 said it, I think you've alluded to the fact 24 that there may be only one school that's

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(518) 371-8910 1 currently doing this? 2 SENATOR SAMPSON: There is one 3 school presently at this point in time. But 4 the Department of Education has the curriculum 5 where those -- there are about 14 licensed 6 proprietary schools that can offer this sort 7 of education. And the only thing they have to 8 do is just go through the Department of 9 Education, and they can offer this type of 10 service. 11 SENATOR SALAND: If the Senator 12 will continue to yield. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Sampson, do you continue to yield? 15 SENATOR SAMPSON: Certainly. 16 SENATOR SALAND: So there's 17 currently one school. And where is that 18 school, if you know? 19 SENATOR SAMPSON: I think that 20 school is located in Manhattan. 21 SENATOR SALAND: In Manhattan? 22 SENATOR SAMPSON: Yes. 23 SENATOR SALAND: And you believe 24 there might be 13 or 14 other proprietary

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(518) 371-8910 1 schools that might be capable of offering this 2 type of curriculum? 3 SENATOR SAMPSON: Yes. There are 4 presently, at this point in time, 14 licensed 5 proprietary schools offering this educational 6 coursework. I do have a list of a couple of 7 them here. 8 SENATOR SALAND: And if Senator 9 Sampson will continue to yield. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Sampson, do you continue to yield? 12 SENATOR SAMPSON: Yes, I do. 13 Through you, Madam President, I continue to 14 yield. 15 SENATOR SALAND: Senator Sampson, 16 who sets the tuition for this school or this 17 type of school? 18 SENATOR SAMPSON: The institution 19 that provides this sort of service is the one 20 who sets the price. Presently the course is 21 $60 per student, or $59.95. 22 SENATOR SALAND: Through you, 23 Madam Chair, if Senator Sampson will continue 24 to yield.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Sampson, do you continue to yield? 3 SENATOR SAMPSON: Yes, through 4 you, Madam President. 5 SENATOR SALAND: On page 2, 6 beginning at line 35, there's reference to an 7 annual assessment based on the prior year's 8 financial statements by the Secretary of 9 State. Is that over and above the $60 that 10 you referred to? Or is that how the $60 is 11 apparently arrived at? 12 SENATOR SAMPSON: Through you, 13 Madam President, that is not per student, 14 that's the cost I think per the beauty school. 15 But that has nothing to do with respect to the 16 cost towards the students. 17 SENATOR SALAND: I'm sorry, Madam 18 President. Would you repeat that? 19 SENATOR SAMPSON: Through you, 20 Madam President, could you repeat your 21 question again so I can fully understand it? 22 SENATOR SALAND: The question 23 was -- and I'm looking at paragraph G, 24 starting at line 35 on page 2. There's

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(518) 371-8910 1 reference to an annual assessment by the 2 Secretary of State on any school of infection 3 control, based on their prior year's financial 4 statements. 5 And it goes on to say that a 6 percentage of their gross tuition shall be 7 deposited into the business and licensing 8 account, and those funds will be transferred 9 quarterly to the General Fund. 10 SENATOR SAMPSON: And your 11 question is? 12 SENATOR SALAND: Is that an 13 additional assessment over and above the $60 14 that you referred to as being what is 15 currently the tuition paid by the people who 16 take this course? 17 SENATOR SAMPSON: Through you, 18 Madam President, no, it's not, Senator Saland. 19 SENATOR SALAND: The annual 20 assessment, and you made reference to it -- if 21 you'll continue to yield. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Sampson, do you continue to yield? 24 SENATOR SAMPSON: Definitely,

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(518) 371-8910 1 yes. 2 SENATOR SALAND: The annual 3 assessment, as you referred to, and I also 4 made reference to, starts off at 6 percent 5 beginning in October of this year and then 6 declines. That assessment is the means by 7 which tuition will be raised at each of these 8 schools? 9 SENATOR SAMPSON: No, that's not 10 the rate at which tuition will be raised. 11 Basically what we're trying to do is take a 12 certain percentage out of the gross tuition 13 and use that to give to the Secretary of State 14 to assist them in enforcing those individuals 15 who don't comply with this regulation to sort 16 of defray the cost with respect to the 17 Secretary of State. 18 SENATOR SALAND: And -- 19 SENATOR SAMPSON: And at that 20 point in time, Senator Saland, it goes from 21 6 percent to 1 percent, but then after 2013 it 22 remains at a steady 3 percent. 23 SENATOR SALAND: And if the 24 Senator will continue to yield.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Sampson, do you continue to yield? 3 SENATOR SAMPSON: Yes, I do. 4 SENATOR SALAND: Now, that annual 5 assessment is being paid by the school. 6 SENATOR SAMPSON: Yes, it is. 7 SENATOR SALAND: The school 8 assumedly is raising that money by way of its 9 tuition. Is that a reasonable assumption on 10 my part? 11 SENATOR SAMPSON: I would say -- 12 through you, Madam President -- it depends 13 what the school does also. It could raise 14 money with respect to that aspect, but there's 15 some schools who offer more courses. And I 16 think -- it says percentage of the gross 17 tuition, whatever the gross tuition is. 18 If I'm answering that correctly, 19 Senator Saland. If that answers your 20 question. 21 SENATOR SALAND: Well, thank you. 22 And if Senator Sampson will yield 23 for just one more question. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Senator Sampson, do you yield? 2 SENATOR SAMPSON: Oh, definitely. 3 Definitely. 4 SENATOR SALAND: Senator Sampson, 5 if in fact there is a surplus -- and the bill 6 goes on to refer to how a surplus is to be 7 handled -- why would that surplus not go back 8 to the school and, in turn, to the students, 9 perhaps in the form of a reduced tuition, 10 instead of it being transferred to the General 11 Fund? 12 SENATOR SAMPSON: Through you, 13 Madam President. 14 Senator Saland, we wanted to, I 15 guess, generate some revenue for the state so 16 it can be used in the General Fund and 17 hopefully as an aspect to enhance the 18 education with respect to infectious control 19 of diseases. That's why it was done that way. 20 Through you, Madam President. 21 SENATOR SALAND: Thank you, 22 Senator Sampson. 23 On the bill, Madam President. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Senator Saland, on the bill. 2 SENATOR SALAND: Madam President, 3 I have some reservations about this bill. I 4 certainly hope that Senator Sampson's example 5 proves to be true that there will be other 6 schools that will come into this particular 7 venue and provide the kinds of services that 8 are proposed in this bill, provide the kind of 9 education that's proposed in this bill. I'm 10 not so certain that in fact that's going to 11 happen but, again, would welcome it. 12 But what I'm concerned about even 13 more so is that after a determination has been 14 made by the Secretary of State as to how much 15 shall be taken from the funds raised by the 16 assessments on the schools -- which would in 17 turn come from the students -- that once it's 18 been determined how much is needed, according 19 to the language of the bill, for the 20 implementation and enforcement of this 21 section, the surplus, to the extent that one 22 is identified, goes to the General Fund. 23 Now, I don't know if we're talking 24 about significant amounts of money here. But

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(518) 371-8910 1 I suspect that the students and the people who 2 are engaged in the kinds of practices that are 3 being controlled by this particular bill are 4 not necessarily wealthy people, are not people 5 who are making lots of money, are people who 6 I'm sure are as hard-pressed as any you're 7 going to find in this economy. 8 And if in fact there is a surplus, 9 it would seem to me that students should not 10 be subsidizing the state in this situation. 11 We ran through a much larger version of that 12 with the tuition grab that we went through 13 earlier during the course of the adoption of 14 the budget. This is a mini version of that 15 particular unfortunate episode. 16 And I would commend Senator Sampson 17 for what he proposes to do here, and I would 18 hope that if in fact this is not -- and I'm 19 not sure if this is an Assembly substitute. 20 If it is not, I would hope that we could do 21 something at the very least about dealing with 22 that surplus and providing a means of ensuring 23 that it goes back to the hard-pressed young 24 women and men who may be required to avail

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(518) 371-8910 1 themselves of this type of service. 2 I thank you, Madam President, and I 3 intend to vote in the negative on this bill. 4 Thank you. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Thank you, Senator. 7 Senator LaValle. 8 SENATOR LaVALLE: Thank you very 9 much, Madam President. Would Senator Sampson 10 yield? 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Sampson, do you yield? 13 SENATOR SAMPSON: Oh, yes. 14 SENATOR LaVALLE: Senator 15 Sampson, as you know, proprietary schools have 16 had a very up-and-down history in the State 17 Education Department that actually licenses 18 the schools. We've passed in this house at 19 least two maybe three bills to bring them into 20 tighter control. 21 My one question is -- and I 22 understand what you're doing, and I think the 23 purpose -- 24 SENATOR SAMPSON: Excuse me,

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(518) 371-8910 1 Madam President. I can't hear Senator 2 LaValle. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Please extend the courtesy to our colleagues. 5 SENATOR LaVALLE: I think the 6 purpose in your bill is laudatory. 7 I know that Senator Saland asked 8 you some of the schools. Do you have the 9 names of some of those schools? 10 SENATOR SAMPSON: One is the 11 Capital Region BOCES, located in Albany, 12 New York. DCMO BOCES, in Sidney Center, 13 New York. The Eastern suffolk BOCES, in 14 Bellport, New York. And the Erie 2 BOCES in 15 the Carrier Educational Center in Angola, 16 New York. 17 You also have the Shear Ego 18 International School of Hair Design in 19 Rochester, New York, and the Atlas Barber 20 School in New York, New York. 21 SENATOR LaVALLE: Okay. So a 22 good number of the schools that you've talked 23 about are actually BOCES programs -- 24 SENATOR SAMPSON: Yes.

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(518) 371-8910 1 SENATOR LaVALLE: -- that run a 2 cosmetology program, and there are just a few 3 that are really proprietary schools. Is that 4 correct? 5 SENATOR SAMPSON: Correct. 6 SENATOR LaVALLE: Good. That 7 makes a big difference to me and my vote on 8 this bill, since the majority of those 9 programs are really BOCES programs that are 10 more tightly scrutinized through the State 11 Education Department. 12 Thank you, Senator Sampson. 13 SENATOR SAMPSON: Thank you very 14 much. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Are there any other Senators wishing to be 17 heard on the bill? 18 Hearing none, the debate is closed. 19 The Secretary will please ring the 20 bells. 21 Read the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect on the 60th day. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 581 are 5 Senators Ranzenhofer, Saland and Winner. 6 Ayes, 54. Nays, 3. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 The Secretary will continue to 10 read. 11 THE SECRETARY: Calendar Number 12 638, substituted earlier today by Member of 13 the Assembly Spano, Assembly Print Number 14 8182, an act to amend the Racing, Pari-Mutuel 15 Wagering and Breeding Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 I believe that was laid aside for the day. So 18 it will be 640. 19 THE SECRETARY: Calendar Number 20 640, substituted earlier today by Member of 21 the Assembly Ramos, Assembly Print Number 22 8492, an act to amend the Election Law. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The Secretary will ring the bell.

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(518) 371-8910 1 SENATOR DeFRANCISCO: 2 Explanation. 3 ACTING PRESIDENT STEWART-COUSINS: 4 An explanation has been requested, Senator 5 Addabbo. 6 SENATOR ADDABBO: Yes, thank you, 7 Madam President. 8 The State Board of Elections in 9 this departmental bill is requesting that 10 because of the increased amount of optical 11 scanners being used as our next generation of 12 voting machines, especially this year in the 13 upstate EDs and probably more widely used in 14 next year's election, that we need to look at 15 changing the criteria that the Board of 16 Elections uses when determining polling sites, 17 voting machines and the amount of voters at 18 these polling sites. 19 So basically what this bill does is 20 add eight words, merely changing the criteria 21 to look at the ability of the new voting 22 machines, or the next generation of voting 23 machines, to take on multiple ballots in a 24 given election. That's it.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Thank you, Senator. 3 Are there any other Senators 4 wishing to be heard on the bill? 5 Hearing none, the debate is closed. 6 The Secretary will ring the bell. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. Nays, 14 0. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The bill is passed. 17 The Secretary will continue to 18 read. 19 THE SECRETARY: Calendar Number 20 645, substituted earlier by Member of the 21 Assembly Weprin, Assembly Print Number 8131, 22 an act to amend the Tax Law. 23 SENATOR DeFRANCISCO: Read the 24 last section.

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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, 57. Nays, 11 0. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 727, substituted earlier today by Member of 16 the Assembly McEneny, Assembly Print Number 17 1039, an act to amend the Vehicle and Traffic 18 Law. 19 SENATOR LIBOUS: Explanation, 20 please. 21 ACTING PRESIDENT STEWART-COUSINS: 22 An explanation is requested -- 23 SENATOR KLEIN: Lay the bill 24 aside for the day, please.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is laid aside for the day. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: Calendar Number 6 732, substituted earlier by Member of the 7 Assembly Calhoun, Assembly Print Number 2534, 8 an act to amend the Criminal Procedure Law. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 Announce the results. 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is passed. 21 The Secretary will continue to 22 read. 23 THE SECRETARY: Calendar Number 24 735, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Kellner, Assembly Print Number 2 3949, an act to amend the Real Property Tax 3 Law. 4 SENATOR LIBOUS: Explanation. 5 SENATOR SERRANO: Lay the bill 6 aside for the day. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is laid aside for the day. 9 The Secretary will continue to 10 read. 11 THE SECRETARY: Calendar Number 12 738, substituted earlier by Member of the 13 Assembly Thiele, Assembly Print Number 4632A, 14 an act to amend the Criminal Procedure Law. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT STEWART-COUSINS: 23 Announce the results. 24 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: Calendar Number 6 739, substituted earlier today by Member of 7 the Assembly Thiele, Assembly Print Number 8 4633A, an act to amend the Criminal Procedure 9 Law. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT STEWART-COUSINS: 18 Announce the results. 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The bill is passed. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 743, substituted earlier today by Member of 2 the Assembly Millman, Assembly Print Number 3 5328, an act in relation to allowing. 4 SENATOR LANZA: Explanation. 5 ACTING PRESIDENT STEWART-COUSINS: 6 An explanation is requested, Senator 7 Montgomery. 8 SENATOR MONTGOMERY: Yes, thank 9 you, Madam President. 10 I first want to acknowledge that I 11 know that Senator Golden has tried on this 12 legislation, and this time around I'm trying 13 as well. 14 This is for a bill that is 15 specifically to rectify a situation on behalf 16 of the Honorable Justice Reichbach, who, on 17 behalf of the United Nations, spent six months 18 in Kosovo in 2003 and early 2004. And after 19 having been there for two months, apparently 20 as of August 2003 he became on unpaid leave 21 for the State of New York. 22 He sought and received an 23 opinion -- prior to leaving the U.S., he 24 received an opinion in writing from the State

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(518) 371-8910 1 Comptroller's office indicating that he would 2 be eligible for pension while he was serving 3 in Kosovo. However, about two months after he 4 had gone to Kosovo, he received another letter 5 from the Comptroller stating that they had 6 made an error in determining his eligibility 7 and therefore he would not be eligible to 8 continue his retirement. This bill seeks to 9 rectify that situation on behalf of Judge 10 Reichbach. 11 And I might add, Madam President, 12 that the reason that he was in Kosovo was to 13 serve as a judge on behalf of the United 14 Nations War Crimes Tribunal. So I believe 15 that it is only fair for this body to consider 16 justice on behalf of the Honorable Justice 17 Reichbach, because he served on behalf of his 18 country at a time when he was needed. 19 He did receive authorization to 20 continue his state retirement eligibility. 21 However, it was rescinded, and he's now 22 seeking for us to allow him to count those 23 four months that he went off of the state 24 retirement plan.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Thank you, Senator Montgomery. 3 Senator Lanza. 4 SENATOR LANZA: Yes, Madam 5 President. Would the sponsor yield to a 6 series of questions? 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Montgomery, do you yield? 9 SENATOR MONTGOMERY: Yes. 10 SENATOR LANZA: Through you, 11 Madam President, I understand what Senator 12 Montgomery is trying to accomplish through 13 this legislation. But I have some questions 14 with respect to some of the facts. 15 As I understand it, this judge, 16 judge of the State of New York, left the bench 17 and became employed by the United Nations 18 overseas in 2003, in Kosovo. Prior to 19 leaving, he received an opinion from the State 20 Comptroller that he would receive pension 21 credit for the time that he served or worked 22 for, I should say, the United Nations, and 23 that the judge relied upon that opinion in 24 making his decision to leave the bench and to

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(518) 371-8910 1 become employed by the United Nations. 2 And so I understand that if those 3 were the facts, that the intent of this 4 legislation is to -- and then that he received 5 a subsequent letter from the Comptroller 6 saying that in fact that would not be the 7 case, but that nevertheless the judge relied 8 on that first opinion, went to Kosovo, left 9 the bench. 10 And so I could understand that if 11 this were a mistake that was made by the 12 Comptroller and that in fact the judge relied 13 upon that mistake and left the bench, worked 14 for the United Nations, that perhaps there's 15 something that we should do to make the judge 16 whole. 17 I want to also point out, first, 18 that for the first two months that the judge 19 was in Kosovo he was paid by the State of 20 New York, utilizing vacation time, and that in 21 the remaining five months he was paid by the 22 United Nations. 23 Here's the question of fact that I 24 have. The letter that was issued by the State

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(518) 371-8910 1 Comptroller indicating that the judge would 2 receive pension credit was written on 3 June 16th in 2003, prior to him leaving and 4 taking on this new employment. It was stated 5 as a justification for this legislation that 6 months later the Comptroller reversed his 7 decision, but that it was too late and that 8 the judge was already there. 9 I have a copy of that letter in 10 which the State Comptroller reversed its first 11 decision. That letter was written a week 12 later. It was written one week after the 13 first letter was written -- and, in fact, 14 before the judge left the bench and took the 15 job with the United Nations. 16 So in fact it seems to me, based on 17 the facts, that the judge was not relying on 18 the first letter because that first letter and 19 the decision therein had already been 20 rescinded. 21 So I ask the sponsor whether or not 22 my statement of the facts is accurate and that 23 in fact one week after the first letter was 24 written, a second letter was already written

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(518) 371-8910 1 by the State Comptroller. 2 SENATOR MONTGOMERY: The question 3 I believe that you're asking is why the judge 4 states that it was two months after or it was 5 sometime after he was already in Kosovo? 6 SENATOR LANZA: Let me clarify, 7 through you, Madam President. 8 What I'm saying is I guess the gist 9 of this legislation is whether or not we 10 should make whole this judge who may have 11 relied on an incorrect opinion from the State 12 Comptroller. But that letter was written on 13 June 16, 2003. 14 The letter rescinding that opinion 15 was written one week later, prior to the judge 16 leaving the bench and employing himself with 17 the United Nations. 18 So I guess my question is, under 19 those facts, was the judge really relying on 20 that incorrect decision? 21 SENATOR MONTGOMERY: Through you, 22 Madam President, I am relying on the statement 23 from the judge himself, and he clearly states 24 that about a month after he arrived in Kosovo

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(518) 371-8910 1 he received the communication from the 2 Comptroller rescinding the decision in the 3 first letter. 4 So I can't believe -- although how 5 would I know -- but I would certainly rely on 6 the judge to be telling the truth. Perhaps 7 the letter went to an address in the U.S. and 8 it took some time for it to actually get to 9 him. However, this is what he says. It was a 10 month after he received the first letter. 11 And I don't believe the judge would 12 be lying and put it in writing, Madam 13 President. 14 SENATOR LANZA: Madam President, 15 will Senator Montgomery continue to yield. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Montgomery, do you continue to yield? 18 SENATOR MONTGOMERY: Yes, I will. 19 SENATOR LANZA: Thank you, 20 Senator Montgomery. And through you, Madam 21 President. 22 Senator Montgomery, I have a letter 23 that was written by then-State Comptroller 24 Alan Hevesi. This letter was provided me by

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(518) 371-8910 1 your office. This letter was written to the 2 judge in question. The letter was written on 3 June 23, 2003, prior to the time that the 4 judge went to work for the United Nations. 5 The letter is addressed to the judge, and the 6 address to which it was sent was the Supreme 7 Court at 120 Schermerhorn Street in Brooklyn. 8 And so I guess my question to you 9 is, given that fact, should we be making an 10 exception here and doing something that we 11 would not do, for instance, for someone who 12 was employed by the state and then went to 13 work for the federal government? 14 And given the question of fact 15 here, shouldn't we withdraw this piece of 16 legislation and make sure that we do have the 17 facts correctly here? 18 SENATOR MONTGOMERY: Through you, 19 Madam President, I think in this particular 20 case -- ordinarily, Senator Lanza, I would 21 perhaps certainly agree. But in this 22 particular case we have a situation where this 23 judge went to another country, but he wasn't 24 on vacation, as you have implied, but rather

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(518) 371-8910 1 he was serving on behalf of the United States 2 as a -- I'm using the phrase guest justice in 3 a situation that was extremely important, I 4 believe, as it relates to the U.S.'s own 5 interest and mission. 6 And therefore, I think that it's a 7 humanitarian act on our part to allow him to 8 receive the credit for the four months where 9 he was in fact not eligible, by virtue of not 10 being on payroll in the U.S., in the state. 11 SENATOR LANZA: Thank you, 12 Senator Montgomery. 13 Madam President, on the bill. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Lanza, on the bill. 16 SENATOR LANZA: You know, when I 17 first saw this legislation and saw the facts, 18 while I would typically be opposed to 19 legislation which would allow us to bend the 20 rules for one individual in a way that we 21 typically wouldn't for others, I was 22 sympathetic when I heard that the State 23 Comptroller, in writing, indicated to this 24 judge that he would receive pension credit

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(518) 371-8910 1 while employed by the United Nations. 2 But in receiving this letter and 3 seeing it, it's become clear to me, without 4 really casting undue aspersion, that the 5 letter rescinding the initial opinion was 6 written not months after the first letter, or 7 a year later, it was written one week later. 8 So that initial decision that said 9 "sure, you're going to get pension credit" 10 stood for only seven days -- and, more 11 importantly, was rescinded prior to the time 12 that the judge decided to go work for the 13 United Nations. 14 And again, I think it's admirable 15 for an individual to want to serve in the way 16 that this individual did. However, to talk 17 about the humanitarian nature here -- first of 18 all, he was paid by the State of New York, 19 first from vacation time, and then he was paid 20 by the United Nations. And now we're asking 21 the taxpayers to pay upwards of $20,000 to buy 22 back pension time and credit while he made 23 this decision to do what he was free to do, 24 but having, I believe, all the information

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(518) 371-8910 1 necessary to make an informed decision and a 2 decision based on the fact that he would not 3 be receiving pension credit. 4 And for that reason, I'm going to 5 be voting in the negative on this legislation. 6 I would urge my colleagues to do the same. 7 And, perhaps with some clarification with 8 respect to some other facts that we may not 9 have, to revisit this situation at a later 10 time. 11 Thank you, Madam President. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Thank you, Senator. 14 Senator Flanagan. 15 SENATOR FLANAGAN: Thank you, 16 Madam President. On the bill. 17 I want to take a slightly different 18 tack from Senator Lanza. We were actually 19 discussing this bill before it came up. And 20 this is a picture bill. There's some money 21 obviously attached to this, and I can 22 understand the reasons why it may be here. 23 And I'm going to take Senator 24 Montgomery at her word, certainly, which is

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(518) 371-8910 1 very easy to do, and follow in terms of what 2 the correspondence was where the judge 3 acknowledges in writing that he had gotten 4 this notice a month after the fact. And I'll 5 take that at face value. 6 And I'll still come to the same 7 conclusion that we shouldn't do this bill. 8 The reason being, he was paid by the State of 9 New York, and he actually was on vacation 10 time. He took vacation time and was paid as 11 an employee of the State of New York. And 12 that time had not run out before he found out 13 he was not going to be eligible for that 14 credit. 15 So he was on paid time with the 16 State of New York and at the time he found 17 out, even if it was a month, had full 18 knowledge that he was not going to be entitled 19 to any further credit. And yet he stayed for 20 at least five more months. 21 And I look at this and think, okay, 22 it's humanitarian work for which he got paid. 23 This is going to cost the taxpayers. And if 24 we do a bill like this, we're going to have

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(518) 371-8910 1 500 other bills just like it, and someone is 2 going to say, I was doing something really 3 important and benevolent and noteworthy, and I 4 deserve the same kind of recognition. 5 And for those reasons, I'm going to 6 vote no. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Savino. 9 SENATOR SAVINO: Thank you, Madam 10 President. 11 I've actually quite enjoyed 12 watching this debate. You know, as the chair 13 of the Civil Service and Pensions Committee -- 14 and I know Senator Robach can attest to 15 this -- the committee on an annual basis gets 16 flooded with what Senator Flanagan 17 appropriately called picture bills. Every 18 year members of this body get approached by 19 constituents who feel that somehow or other 20 there's been an inequity that applies to them 21 and the only way that they can get some 22 redress is to seek legislation to correct that 23 inequity. 24 And all of us, every one of you,

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(518) 371-8910 1 has introduced some of those bills. I have a 2 pile on my desk. Some of them I actually find 3 quite amusing. I'm not sure, I think it's 4 Senator Leibell, I think you have a 5 constituent who wants me to create a pension 6 plan just for him, hand-picking from the best 7 of the multiple systems. He feels somehow 8 there's an inequity, through no fault of his 9 own. That is always the justification in 10 every piece of this legislation, through no 11 fault of their own. 12 And we generally look at them 13 askance, because we recognize what they are. 14 They're an opportunity from individual members 15 to address an issue that a constituent has 16 brought them. 17 In fact, Senator Lanza has one: 18 Norma Jean Ciserio [ph] feels that she should 19 be introduced into Tier 1 even though she 20 wasn't hired by the City of New York until 21 five years after it closed. But she feels 22 it's an inequity. 23 Senator Little has a woman who 24 actually went to the Albany Times Union and

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(518) 371-8910 1 complained that she was being deprived of a 2 benefit, a pension benefit from her deceased 3 husband. She had a very compelling case, 4 except the facts didn't fit the case. And in 5 fact, she was paid and her sons were paid; she 6 just didn't like what she got. 7 And so we consider these bills. 8 But I recognize this, and I think Senator 9 Robach would attest to this, we recognize them 10 for what they are. They are an opportunity 11 for those of us in office to help a 12 constituent who feels that we can help them, 13 recognizing that most of the time we cannot 14 because we cannot change the regulations, even 15 though it's through no fault of their own. 16 So I'm just going to make a 17 suggestion that if we're going to begin to 18 examine these bills as if somehow we're 19 conducting a trial over them -- which I'm okay 20 with doing in the committee -- I think Senator 21 Lanza, as the ranker, and myself, we should 22 institute a new rule in the Civil Service and 23 Pensions Committee that picture bills that 24 come to us for consideration should come with

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(518) 371-8910 1 the evidence to substantiate the claim that 2 through no fault of their own that this 3 inequity existed. 4 So I'm going to vote for this bill, 5 for Senator Montgomery, for her constituent, 6 the judge, and we'll let the Governor 7 determine whether or not, through no fault of 8 his own, that inequity existed. And I'm going 9 to do that because Senator Montgomery is 10 trying to help a constituent. 11 Thank you. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Are there any other Senators wishing to be 14 heard on the bill? 15 Hearing none, the debate is closed. 16 The Secretary will please ring the 17 bells. 18 Senator Klein. 19 SENATOR KLEIN: Madam President, 20 can we stand at ease at this time? 21 ACTING PRESIDENT STEWART-COUSINS: 22 The Senate will stand at ease. 23 (Whereupon, the Senate stood at 24 ease at 4:30 p.m.)

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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 4:41 p.m.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Klein. 5 SENATOR KLEIN: Madam President, 6 can we lay the bill aside temporarily. 7 And on behalf of Senator Ruth 8 Hassell-Thompson, could we have an immediate 9 Democratic conference in the Majority 10 Conference Room. 11 And please recognize Senator 12 Libous. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, Madam 16 President. 17 We'll have an immediate Republican 18 conference in the Republican Conference Room. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is laid aside. 21 There will be an immediate meeting 22 of the Majority in the Majority Conference 23 Room and an immediate meeting of the 24 Republicans in the Republican Conference Room.

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(518) 371-8910 1 (Whereupon, the Senate stood at 2 ease at 4:42 p.m.) 3 (Whereupon, the Senate reconvened 4 at 5:51 p.m.) 5 ACTING PRESIDENT VALESKY: The 6 Senate will return to order. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, 9 can we please return to the controversial 10 calendar and take up Calendar Number 743. 11 ACTING PRESIDENT VALESKY: The 12 Senate will return to the controversial 13 reading of the calendar. 14 When we left for break, we had 15 Calendar Number 743 in front of the house. We 16 will resume at that point. 17 The Secretary will ring the bells. 18 I ask all Senators to come to the chamber. 19 Senator Libous. 20 SENATOR LIBOUS: I was just going 21 to ask them to read it, and we'll read the 22 last section. 23 ACTING PRESIDENT VALESKY: The 24 Secretary will 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 ACTING PRESIDENT VALESKY: 7 Senator Saland, to explain his vote. 8 SENATOR SALAND: Thank you, 9 Mr. President. 10 Mr. President, I have served in the 11 State Legislature for some 29 years and make 12 it a practice of trying to, as best as I can, 13 universally support any home-rule request or 14 any local bill, and in fact had voted for this 15 bill in Rules. 16 I was rather disturbed when I 17 heard, during the course of the debate, the 18 time sequence which Senator Lanza brought 19 forward in reading from the documents that he 20 had as to when this particular individual -- 21 who happens to be a judge, a man who took an 22 oath of office -- in which he alleged as a 23 basis of his receiving credit in the pension 24 system that he had not been timely notified.

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(518) 371-8910 1 Well, clearly this man was timely 2 notified. I find that what is occurring here 3 is beyond shameless. I think it casts a cloud 4 on an institution that has already been 5 beclouded on numerous occasions over the 6 course of certainly our recent history and 7 certainly our most recent history. 8 I'm deeply troubled. I think the 9 judge either needs a veracity check or a 10 competency check to support his effort for 11 however many months credit he's going to get 12 in the pension system by bringing forth the 13 allegations which are clearly at odds with the 14 truth. It is, I think, a stunning violation 15 of his oath of office, and I will vote in 16 opposition. 17 Thank you. 18 ACTING PRESIDENT VALESKY: 19 Senator Saland to be recorded in the negative. 20 Senator Lanza, to explain his vote. 21 SENATOR LANZA: Thank you, 22 Mr. President. 23 I want to say to the sponsor, 24 Senator Montgomery, that I understand

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(518) 371-8910 1 completely what you're attempting to do with 2 this legislation. You're trying to do a good 3 and decent thing, because that's what kind of 4 person and that's what kind of Senator you 5 are. 6 I have questions of fact with 7 respect to whether or not there is an 8 injustice here that needs to be remedied, as 9 I've discussed before. And for that reason, 10 I'm going to vote in the negative. But I 11 thank Senator Montgomery for the exchange that 12 occurred with respect to this bill. 13 ACTING PRESIDENT VALESKY: 14 Senator Lanza to be recorded in the negative. 15 Senator Leibell, to explain his 16 vote. 17 SENATOR LEIBELL: Thank you, 18 Mr. President. 19 During the exchange, Senator Savino 20 mentioned my name, and it was another Senator 21 with a similar name. 22 That I've had bills in, as most of 23 us have, on pension issues that have come up. 24 And like my colleagues, I have no question

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(518) 371-8910 1 Senator Montgomery has the best of intentions 2 in offering this legislation. 3 But like some of my colleagues 4 here, I have some concerns with this bill. 5 And when we see the paperwork that was put in 6 to support it, there would certainly seem to 7 be, on the part of the individual asking for 8 this relief, to be a lack of candor there. 9 I will tell you -- and I point this 10 out, Senator Savino; maybe you can help me 11 with this. I put in a bill for a number of 12 years, and I did it for Virginia Donahue. And 13 I served with her husband, Frank, who died 14 very suddenly of cancer, very quickly. And he 15 had picked the wrong box to fill out while he 16 was heavily medicated and dying of colon 17 cancer. And Frank Donahue had been the chief 18 assistant district attorney in Westchester 19 County, and I worked for him as a young 20 lawyer. 21 And I never was able to get any 22 sort of legislation through here, whether in 23 the majority or minority, and I think that's 24 the type of case that screams out for some

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(518) 371-8910 1 sort of redress from this legislative body so 2 we can help in this case a widow who suffered 3 through no fault of her own. 4 I have a problem with this 5 particular bill that's before the house today. 6 As I said, I know the sponsor means only the 7 best by introducing it. But I'm going to be 8 constrained to vote in the negative. 9 Thank you. 10 ACTING PRESIDENT VALESKY: 11 Senator Leibell to be recorded in the 12 negative. 13 Senator Winner, to explain his 14 vote. 15 SENATOR WINNER: Thank you, 16 Mr. President. 17 I rise because I'm going to support 18 this legislation. I'm going to support this 19 legislation based upon the representations 20 that Senator Montgomery has made to this body 21 with regard to the veracity of the information 22 that she believes has been submitted by the 23 judge in support of her efforts to have this 24 legislation move on his behalf.

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(518) 371-8910 1 I am going to support it, you know, 2 because I believe that Senator Montgomery's 3 representations to this body are that the 4 judge was truthful with regard to his 5 representations, that in fact he did not 6 receive this information from the Comptroller 7 that indicated that the consent or the 8 approval of the credit was properly -- was 9 received by him, even though the documentary 10 evidence that Senator Lanza has indicated 11 would deem to be to the contrary. 12 But I do so also expecting, before 13 this legislation is finally approved by the 14 Governor of the State of New York, that I will 15 encourage -- as I know some of my colleagues 16 will -- that I expect to communicate with the 17 Office of the Governor and expect him to 18 investigate and to look into the veracity of 19 the statements that were in fact made by the 20 judge in support of his contention that he did 21 not receive this information, and expect that 22 there should be some clarification as to 23 whether or not this message was received by 24 him from the Comptroller one week later. It

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(518) 371-8910 1 seems odd that it would not have been so 2 received. But again, I accept Senator 3 Montgomery's representations. 4 But I would urge that the 5 Governor's office and the office of the 6 counsel of the Governor would thoroughly look 7 into this and make sure that this Legislature 8 has been properly informed as to the 9 entitlement of this individual to the benefit 10 that he is trying to receive from the 11 taxpayers of the State of New York. 12 So I vote in the affirmative, 13 Mr. President. 14 ACTING PRESIDENT VALESKY: 15 Senator Winner to be recorded in the 16 affirmative. 17 Are there any other Senators who 18 wish to explain their vote? 19 The Secretary will announce the 20 results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 743 are 23 Senators Flanagan, Griffo, Lanza, Leibell, 24 Ranzenhofer, Robach, and Saland. Also Senator

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(518) 371-8910 1 LaValle. Also Senator Larkin. 2 Ayes, 48. Nays, 9. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 Senator Bonacic. 6 SENATOR BONACIC: Thank you, 7 Mr. President. 8 I'd like to remove a lay-aside on 9 Senator Oppenheimer's bill, Senate Number 10 4946. 11 ACTING PRESIDENT VALESKY: Do you 12 have the calendar number, Senator Bonacic? 13 SENATOR BONACIC: 790. Senate 14 Print 4946. 15 ACTING PRESIDENT VALESKY: Okay, 16 the Secretary will place Calendar Number 790 17 before the house, noncontroversial. 18 THE SECRETARY: Calendar Number 19 790, substituted earlier today by Member of 20 the Assembly Lentol, Assembly Print Number 21 3173, an act to amend the General Municipal 22 Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 750, substituted earlier by Member of the 12 Assembly Skartados, Assembly Print Number 13 6700, an act to direct the Commissioner of 14 Education. 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, 57. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 751, substituted earlier today by Member of 3 the Assembly Canestrari, Assembly Print Number 4 6329B, an act authorizing a certain housing 5 authority. 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, 57. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 757, substituted earlier today by Member of 18 the Assembly Raia, Assembly Print Number 3939, 19 an act to amend the Criminal Procedure 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, 57. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 765, substituted earlier today by Member of 8 the Assembly Crouch, Assembly Print Number 9 7092A, an act to amend the Town Law and the 10 Public Officers 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, 57. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 812, substituted earlier by Member of the 23 Assembly Barclay, Assembly Print Number 8379A, 24 an act to amend Chapter 607 of the Laws of

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(518) 371-8910 1 2004. 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, 57. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 818, substituted earlier today by Member of 15 the Assembly Gordon, Assembly Print Number 16 8588, an act authorizing Steven Roy to file. 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, 57. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 842, substituted earlier today by Member of 6 the Assembly Weinstein, Assembly Print Number 7 8956A -- 8 SENATOR LIBOUS: Mr. President, I 9 thought this was laid aside for the day. 10 ACTING PRESIDENT VALESKY: 11 Senator Libous, the bill was laid aside 12 temporarily. 13 SENATOR KLEIN: Lay the bill 14 aside for the day. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside for the day. 17 Senator Klein, that completes the 18 controversial reading of the active bills on 19 Senate Calendar Number 61. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, by 22 unanimous consent can we temporarily lay aside 23 Calendar Number 842. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Calendar Number 842 is laid aside temporarily. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, at 4 this time can we have an immediate Rules 5 Committee meeting in Room 332. 6 ACTING PRESIDENT VALESKY: There 7 will be an immediate meeting of the Senate 8 Standing Committee on Rules in Room 332. 9 SENATOR KLEIN: And can we stand 10 at ease pending the report of the Rules 11 Committee. 12 ACTING PRESIDENT VALESKY: The 13 Senate will stand at ease. 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, 16 as soon as the Rules Committee meeting is 17 over, there will be a Republican conference 18 immediately following the Rules Committee. 19 ACTING PRESIDENT VALESKY: An 20 immediate Republican conference following the 21 conclusion of the Rules Committee meeting. 22 (Whereupon, the Senate stood at 23 ease at 6:07 p.m.) 24 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 6:40 p.m.) 2 ACTING PRESIDENT VALESKY: The 3 Senate will return to order. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, is 6 there a report of the Rules Committee at the 7 desk? 8 ACTING PRESIDENT VALESKY: There 9 is a report of the Rules Committee at the 10 desk. 11 SENATOR KLEIN: I move to accept 12 the report of the Rules Committee, 13 Mr. President. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will read. 16 THE SECRETARY: Senator Smith, 17 from the Committee on Rules, reports the 18 following bills: 19 Assembly Print 8905, by Member of 20 the Assembly Weisenberg, an act to authorize; 21 Senate Print 2343A, by Senator 22 Savino, an act to amend the General Municipal 23 Law; 24 4865B, by Senator Montgomery, an

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(518) 371-8910 1 act to amend the Family Court Act; 2 1145A, by Senator Perkins, an act 3 to amend the Environmental Conservation Law; 4 1058A, by Senator Addabbo, an act 5 to amend the Election Law; 6 1169B, by Senator Dilan, an act to 7 amend the Vehicle and Traffic Law; 8 1347, by Senator Duane, an act to 9 amend the Personal Property Law; 10 1537C, by Senator Perkins, an act 11 to amend the Public Authorities Law; 12 1590, by Senator Thompson, an act 13 to amend the Economic Development Law; 14 1599A, by Senator Valesky, an act 15 to amend the Public Service Law; 16 1608, by Senator Valesky, an act to 17 amend the Executive Law; 18 1743A, by Senator Stavisky, an act 19 in relation; 20 3180B, by Senator Duane, an act to 21 amend the Public Health Law; 22 3358, by Senator Onorato, an act to 23 amend the Labor Law; 24 3531B, by Senator Dilan, an act to

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(518) 371-8910 1 amend the Public Authorities Law; 2 3603, by Senator Stavisky, an act 3 relating to; 4 3623A, by Senator Dilan, an act to 5 amend the Vehicle and Traffic Law; 6 3285A, by Senator Adams, an act to 7 amend the Executive Law; 8 3842, by Senator Duane, an act to 9 amend the Public Health Law; 10 3992A, by Senator Dilan, an act to 11 amend the Insurance Law; 12 4283B, by Senator Valesky, an act 13 to amend the Public Service Law; 14 4330A, by Senator Valesky, an act 15 to amend the Agriculture and Markets Law; 16 4364A, by Senator Aubertine, an act 17 to amend the Not-For-Profit Corporation Law; 18 4796, by Senator Savino, an act to 19 amend the Civil Practice Law and Rules; 20 5208, by Senator Huntley, an act to 21 amend the Penal Law; 22 5575A, by Senator Stachowski, an 23 act creating; 24 5578, by Senator Squadron, an act

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(518) 371-8910 1 to amend the Alcoholic Beverage Control Law; 2 5603C, by Senator Aubertine, an act 3 to create; 4 5632, by Senator Savino, an act to 5 amend the Retirement and Social Security Law; 6 5732, by Senator Aubertine, an act 7 to amend the New York State Urban Development 8 Corporation Act; 9 5764, by Senator Sampson, act to 10 amend the Social Services Law; 11 5779, by Senator Thompson, an act 12 to amend the Public Buildings Law; 13 5892, by Senator Espada, an act to 14 amend the Private Housing Finance Law; 15 5929, by Senator Parker, an act to 16 amend the Insurance Law; 17 5956, by Senator L. Krueger, an act 18 to amend the Real Property Tax Law; 19 5980, by Senator Klein, an act to 20 amend the Insurance Law; 21 5981, by Senator Klein, an act to 22 amend the Education Law; 23 5982, by Senator Savino, an act to 24 amend the Labor Law;

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(518) 371-8910 1 5990, by Senator Klein, an act to 2 amend the Election Law; 3 5998, by Senator Klein, an act to 4 amend the Tax Law; 5 6024, by Senator Breslin, an act to 6 amend the Social Services Law; 7 6041, by Senator Foley, an act to 8 amend the Real Property Tax Law; 9 6046, by Senator Aubertine, an act 10 to amend the State Finance Law; 11 6050, by Senator Stachowski, an act 12 to amend the Public Authorities Law; 13 6056, by Senator Valesky, an act to 14 amend the Tax Law; 15 939A, by Senator Robach, an act to 16 amend the Public Health Law; 17 2295, by Senator Stavisky, an act 18 to amend the Education Law; 19 4126, by Senator Winner, an act in 20 relation to; 21 4200, by Senator Stavisky, an act 22 to amend the Education Law; 23 5036, by Senator Hassell-Thompson, 24 an act to amend the Social Services Law;

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(518) 371-8910 1 5598B, by Senator Stachowski, an 2 act to amend the General Municipal Law; 3 5615, by Senator Parker, an act to 4 amend the Public Service Law; 5 5872, by Senator Maziarz, an act to 6 amend the Social Services Law; 7 6073, by Senator O. Johnson, an act 8 to amend the Town Law; 9 2664, by Senator Duane, an act to 10 amend the Social Services Law; 11 5576, by Senator Parker, an act to 12 amend the Education Law; 13 And Senate Print 5861A, by Senator 14 Dilan, an act to amend the Tax Law. 15 All bills ordered direct to third 16 reading. 17 ACTING PRESIDENT VALESKY: Those 18 Senators in favor of adopting the report of 19 the Rules Committee 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 report of the Rules Committee is adopted. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, 4 can we please stand at ease pending the 5 Minority coming back from conference. 6 ACTING PRESIDENT VALESKY: The 7 Senate will stand at ease pending the return 8 of the Minority conference. 9 (Whereupon, the Senate stood at 10 ease at 6:45 p.m.) 11 (Whereupon, the Senate reconvened 12 at 8:20 p.m.) 13 ACTING PRESIDENT VALESKY: The 14 Senate will return to order. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, at 17 this time can we take up Senate Supplemental 18 Calendar Number 61A. 19 ACTING PRESIDENT VALESKY: 20 Senator Klein, we can do that. Would you 21 prefer to take up would you prefer to take 22 up -- I believe there's some housekeeping. 23 Would you prefer to do that first? 24 SENATOR KLEIN: No, let's take up

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(518) 371-8910 1 the calendar. 2 ACTING PRESIDENT VALESKY: The 3 Secretary will proceed with the reading of the 4 noncontroversial reading of Senate Calendar 5 Number 61A. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, at 8 this time we can take up the supplemental 9 active list. 10 ACTING PRESIDENT VALESKY: The 11 Secretary will proceed with the 12 noncontroversial reading of the bills on the 13 supplemental active list. 14 THE SECRETARY: In relation to 15 Calendar Number 160, Senator Parker moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 5877B and substitute it 18 for the identical Senate Bill Number 2501B, 19 Third Reading Calendar 160. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 160, by Member of the Assembly Cahill, 24 Assembly Print Number 5877B, an act to amend

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(518) 371-8910 1 the Energy 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, 57. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 322, Senator Savino moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 4106B and substitute it 16 for the identical Senate Bill Number 5098A, 17 Third Reading Calendar 322. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 322, by Member of the Assembly Abbate, 22 Assembly Print Number 4106B, an act to amend 23 the Public Officers Law. 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 on the 30th day. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 370, by Senator Adams, Senate Print 3022, an 12 act to amend the Racing, Pari-Mutuel Wagering 13 and Breeding Law. 14 SENATOR WINNER: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside. 17 SENATOR KLEIN: Can we lay the 18 bill aside for the day. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside for the day. 21 THE SECRETARY: In relation to 22 Calendar Number 371, Senator Adams moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 8181 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 3023, 2 Third Reading Calendar 371. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 371, by Member of the Assembly DelMonte, 7 Assembly Print -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day, please. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 471, by Member of the Assembly Englebright, 14 Assembly Print Number 7432A, an act to amend 15 the Parks, Recreation and Historic 16 Preservation 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, 57.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 485 by Senator Hassell-Thompson -- 5 SENATOR HASSELL-THOMPSON: Lay it 6 aside for the day. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 493, by Member of the Assembly Wright, 11 Assembly Print Number 7449, an act to amend 12 the Social Services Law. 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, 57. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 512, Senator Onorato moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 2021B and substitute it 3 for the identical Senate Bill Number 2776B, 4 Third Reading Calendar 512. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 512, by Member of the Assembly John, Assembly 9 Print Number 2021B, an act to amend the 10 Workers' Compensation 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: Those recorded in 19 the negative on Calendar Number 512 are 20 Senators Larkin, Little, Seward, Volker and 21 Winner. 22 Ayes, 52. Nays, 5. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 516, Senator Squadron moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 8125A and substitute it 5 for the identical Senate Bill Number 5281A, 6 Third Reading Calendar 516. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 SENATOR KLEIN: Lay it aside for 10 the day. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside for the day. 13 THE SECRETARY: In relation to 14 Calendar Number 523, Senator Savino moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 6604A and substitute it 17 for the identical Senate Bill Number 2962A, 18 Third Reading Calendar 523. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 523, by Member of the Assembly Abbate, 23 Assembly Print Number 6604A, an act to amend 24 the Agriculture and Markets 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 on the 120th day. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 57. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 559, Hassell-Thompson moves to 13 discharge, from the Committee on Finance, 14 Assembly Bill Number 4629B and substitute it 15 for the identical Senate Bill Number 5042, 16 Third Reading Calendar 559. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 559, by Member of the Assembly Weinstein, 21 Assembly Print Number 4629B, an act to amend 22 the Executive Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 570, by Senator Parker, Senate Print 3764, an 11 act to amend the Penal Law. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 55. Nays, 21 2. Senators DeFrancisco and Little recorded 22 in the negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 632, Senator Oppenheimer moves 3 to discharge, from the Committee on Elections, 4 Assembly Bill Number 6718B and substitute it 5 for the identical Senate Bill Number 4135A, 6 Third Reading Calendar 632. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 632, by Member of the Assembly Pheffer, 11 Assembly Print Number 6718B, an act to amend 12 the Education Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect January 1, 2010. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 802, Senator Morahan moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 7749A and substitute it 3 for the identical Senate Bill Number 5338A, 4 Third Reading Calendar 802. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 802, by Member of the Assembly Rabbitt, 9 Assembly Print Number 7749A, an act to 10 authorize the Town of Ramapo. 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, 56. Nays, 19 1. Senator Bonacic recorded in the negative. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 843, Senator Volker moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 7581A and substitute it 2 for the identical Senate Bill Number 6057, 3 Third Reading Calendar 843. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 843, by Member of the Assembly Kolb, Assembly 8 Print Number 7581A, an act to amend the 9 Environmental Conservation 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, 55. Nays, 18 2. Senators Duane and Serrano recorded in the 19 negative. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 844, Senator Robach moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 9025 and substitute it 2 for the identical Senate Bill Number 6063, 3 Third Reading Calendar 844. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 844, by Member of the Assembly Gantt, Assembly 8 Print Number 9025, an act in relation to 9 paying aid and incentives. 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, 57. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 845, Senator L. Krueger moves 22 to discharge, from the Committee on Health, 23 Assembly Print Number 789B and substitute it 24 for the identical Senate Bill Number 1107A,

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(518) 371-8910 1 Third Reading Calendar 845. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 845, by Member of the Assembly Gunther, 6 Assembly Print Number 789B, an act to amend 7 the Public Health Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of May. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 55. Nays, 16 2. Senators Marcellino and Volker recorded in 17 the negative. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 846, Senator Sampson moves to 22 discharge, from the Committee on Consumer 23 Protection, Assembly Bill Number 3409 and 24 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 2460, Third Reading Calendar 846. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 SENATOR LIBOUS: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 847, by Senator Aubertine, Senate Print 2813A, 9 an act to amend the Public Authorities 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: Those recorded in 18 the negative on Calendar Number 847 are 19 Senators Alesi, Golden, C. Johnson, Larkin, 20 Marcellino, Ranzenhofer, Seward, Volker and 21 Winner. 22 Ayes, 48. Nays, 9. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 848, Senator Valesky moves to 3 discharge, from the Committee on Commerce, 4 Economic Development and Small Business, 5 Assembly Bill Number 2201A and substitute it 6 for the identical Senate Bill Number 3076A, 7 Third Reading Calendar 848. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 848, by Member of the Assembly Morelle, 12 Assembly Print Number 2201A, an act to amend 13 the Economic Development 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, 57. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 849, Senator Stewart-Cousins 2 moves to discharge, from the Committee on 3 Rules, Assembly Bill Number 7122C and 4 substitute it for the identical Senate Bill 5 Number 3325B, Third Reading Calendar 849. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 849, by Member of the Assembly Spano, Assembly 10 Print Number 7122C, an act to amend the 11 General Municipal Law. 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, 57. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 850, Senator Savino moves to 24 discharge, from the Committee on Finance,

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(518) 371-8910 1 Assembly Print Number 4343 and substitute it 2 for the identical Senate Bill Number 3508, 3 Third Reading Calendar 850. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 SENATOR LIBOUS: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: In relation to 10 Calendar Number 851, Senator Duane moves to 11 discharge, from the Committee on Codes, 12 Assembly Bill Number 1752A and substitute it 13 for the identical Senate Bill Number 3527, 14 Third Reading Calendar 851. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 SENATOR LIBOUS: Lay it aside. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside. 20 THE SECRETARY: In relation to 21 Calendar Number 852, Senator Montgomery moves 22 to discharge, from the Committee on Codes, 23 Assembly Bill Number 8282A and substitute it 24 for the identical Senate Bill Number 3866A,

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(518) 371-8910 1 Third Reading Calendar 852. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 852, by Member of the Assembly Bradley, 6 Assembly Print Number 8282A, an act to amend 7 the Family Court Act. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 60th day. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 853, Senator Montgomery moves 20 to discharge, from the Committee on Rules, 21 Assembly Print Number 8888 and substitute it 22 for the identical Senate Bill Number 3879A, 23 Third Reading Calendar 853. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 853, by Member of the Assembly Weinstein, 4 Assembly Print Number 8888, an act to amend 5 the Social Services 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: Those recorded in 14 the negative on Calendar Number 853 are 15 Senators DeFrancisco and Ranzenhofer. 16 Ayes, 55. Nays, 2. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 854, by Senator Klein, Senate Print 4589B, an 21 act to amend the Public Health Law. 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 one year after it shall 2 have become law. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 854 are 8 Senators DeFrancisco, Flanagan, Golden, Lanza, 9 Little, Marcellino and Seward. 10 Ayes, 50. Nays, 7. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 855, Senator Breslin moves to 15 discharge, from the Committee on Insurance, 16 Assembly Bill Number 7949A and substitute it 17 for the identical Senate Bill Number 4602A, 18 Third Reading Calendar 855. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 855, by Member of the Assembly Silver, 23 Assembly Print Number 7949A, an act to amend 24 the Insurance 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, 57. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 856, Senator Oppenheimer moves 13 to discharge, from the Committee on Rules, 14 Assembly Bill Number 6772A and substitute it 15 for the identical Senate Bill Number 4944A, 16 Third Reading Calendar 856. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 856, by Member of the Assembly Paulin, 21 Assembly Print Number 6772A, an act to amend 22 the Public Health Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect April 1, 2011. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 857, Senator Hassell-Thompson 11 moves to discharge, from the Committee on 12 Investigations and Government Operations, 13 Assembly Bill Number 9017 and substitute it 14 for the identical Senate Bill Number 5031A, 15 Third Reading Calendar 857. 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered, and the bill is laid 19 aside. 20 THE SECRETARY: In relation to 21 Calendar Number 858, Senator Oppenheimer moves 22 to discharge, from the Committee on Education, 23 Assembly Bill Number 8245A and substitute it 24 for the identical Senate Bill Number 5446A,

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(518) 371-8910 1 Third Reading Calendar 858. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 858, by Member of the Assembly Nolan, Assembly 6 Print Number 8245A, an act to amend the 7 Education Law. 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, 57. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 859, Senator Addabbo moves to 20 discharge, from the Committee on Elections, 21 Assembly Bill Number 8527 and substitute it 22 for the identical Senate Bill Number 5448A, 23 Third Reading Calendar 859. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 859, by Member of the Assembly Skartados, 4 Assembly Print Number 8527, an act to amend 5 the Election 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, 57. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 859: Ayes, 56. Nays, 1. 18 Senator Golden recorded in the negative. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 860, Senator Breslin moves to 23 discharge, from the Committee on Finance, 24 Assembly Print Number 8400 and substitute it

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(518) 371-8910 1 for the identical Senate Print Number 5471, 2 Third Reading Calendar 860. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 860, by Member of the Assembly Peoples, 7 Assembly Print Number 8400, an act to amend 8 the Insurance Law. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect July 1, 2009. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 861, Senator Klein moves to 21 discharge, from the Committee -- 22 SENATOR KLEIN: Lay the bill 23 aside for the day. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 Secretary will complete the Assembly 2 substitution first. 3 THE SECRETARY: Senator Klein 4 moves to discharge, from the Committee on 5 Agriculture, Assembly Bill Number 3765 and 6 substitute it for the identical Senate Bill 7 Number 5479, Third Reading Calendar 861. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered, and the bill is laid 10 aside for the day. 11 THE SECRETARY: Calendar Number 12 862, by Senator Huntley, Senate Print 5562B, 13 an act to amend the Public Health Law and the 14 New York State Medical Care Facilities Finance 15 Agency Act. 16 ACTING PRESIDENT VALESKY: Read 17 the last section. 18 THE SECRETARY: Section 14. 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, 57. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 863, Senator Valesky moves to 4 discharge, from the Committee on 5 Investigations and Government Operations, 6 Assembly Print Number 8294 and substitute it 7 for the identical Senate Print Number 5586, 8 Third Reading Calendar 863. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 863, by Member of the Assembly Destito, 13 Assembly Print Number 8294, an act to amend 14 the Tax Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the first day of a 19 sales tax quarterly period. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 864, Senator Squadron moves to 4 discharge, from the Committee on Rules, 5 Assembly Print Number 8519 and substitute it 6 for the identical Senate Bill Number 5577, 7 Third Reading Calendar 864. 8 ACTING PRESIDENT VALESKY: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 864, by Member of the Assembly Schimminger, 12 Assembly Print Number 8519, an act to amend 13 the Alcoholic Beverage Control 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 SENATOR DeFRANCISCO: Lay it 22 aside. 23 ACTING PRESIDENT VALESKY: The 24 roll call is withdrawn, and the bill is laid

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(518) 371-8910 1 aside. 2 THE SECRETARY: In relation to 3 Calendar Number 865, Senator Stewart-Cousins 4 moves to discharge, from the Committee on 5 Commerce, Economic Development and Small 6 Business, Assembly Bill Number 3193 and 7 substitute it for the identical Senate Bill 8 Number 5639, Third Reading Calendar 865. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 865, by Member of the Assembly Weprin, 13 Assembly Print Number 3193, an act to amend 14 the Economic Development Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 180th day. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 866, Senator Sampson moves to 3 discharge, from the Committee on Children and 4 Families, Assembly Print Number 2004A and 5 substitute it for the identical Senate Print 6 Number 5697, Third Reading Calendar 866. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 866, by Member of the Assembly Weinstein, 11 Assembly Print Number 2004A, an act to amend 12 the Domestic Relations Law and the Family 13 Court Act. 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, 57. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 867, by Senator Schneiderman, Senate Print 2 5701, an act to amend the Education Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 867 are 12 Senators DeFrancisco, Larkin, Marcellino, 13 Maziarz, Ranzenhofer, and Skelos. Also 14 Senator Morahan. 15 Ayes, 50. Nays, 7. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 868, Senator Thompson moves to 20 discharge, from the Committee on Environmental 21 Conservation, Assembly Print Number 8559A and 22 substitute it for the identical Senate Bill 23 Number 5766, Third Reading Calendar 868. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 868, by Member of the Assembly Sweeney, 4 Assembly Print Number 8559A, an act to amend 5 the Environmental Conservation Law. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: In relation to 14 Calendar Number 868, those recorded in the 15 negative are Senators Griffo, Serrano and 16 Maziarz. Also Senator Duane. 17 Ayes, 53. Nays, 4. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 869, by Senator Sampson, Senate Print 5807A, 22 an act to amend the Uniform City Court Act and 23 the Judiciary Law. 24 ACTING PRESIDENT VALESKY: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 8. This 3 act shall take effect on the first of April. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 870, Senator Valesky moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 8593 and substitute it 14 for the identical Senate Bill Number 5823, 15 Third Reading Calendar 870. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 870, by Member of the Assembly Magee, Assembly 20 Print Number 8593, an act to amend the 21 Agriculture and Markets Law. 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, 57. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 871, by Senator Klein, Senate Print 5841A, an 10 act authorizing the Commissioner of General 11 Services. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 5. 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, 57. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 872, Senator Aubertine moves 24 to discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 8901 and substitute it 2 for the identical Senate Bill Number 5888, 3 Third Reading Calendar 872. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 872, by Member of the Assembly Silver, 8 Assembly Print Number 8901, an act -- 9 SENATOR KLEIN: Lay it aside for 10 the day. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside for the day. 13 THE SECRETARY: In relation to 14 Calendar Number 873, Senator Perkins moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 8823 and substitute it 17 for the identical Senate Bill Number 5914, 18 Third Reading Calendar 873. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 873, by Member of the Assembly Wright, 23 Assembly Print Number 8823, an act to amend 24 the Alcoholic Beverage Control 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, 55. Nays, 9 2. Senators Fuschillo and Hannon recorded in 10 the negative. 11 SENATOR SALAND: Mr. President, 12 is this 873? 13 ACTING PRESIDENT VALESKY: This 14 is Calendar 873, yes, Senator Perkins' bill. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 873 are 17 Senators Fuschillo, Hannon and Saland. 18 Ayes, 54. Nays, 3. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 874, Senator Sampson moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 8681 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5987, 2 Third Reading Calendar 874. 3 SENATOR KLEIN: Lay the bill 4 aside for the day. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered, and the bill is laid 7 aside for the day. 8 THE SECRETARY: In relation to 9 Calendar Number 875, Senator Valesky moves to 10 discharge, from the Committee on Rules, 11 Assembly Print Number 7967A and substitute it 12 for the identical Senate Bill Number 6017, 13 Third Reading Calendar 875. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 875, by Member of the Assembly Hoyt, Assembly 18 Print Number 7967A, an act to amend the 19 Private Housing Finance 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, 57. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 876, Senator Breslin moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 9038 and substitute it 10 for the identical Senate Bill Number 6030, 11 Third Reading Calendar 876. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 876, by Member of the Assembly Morelle, 16 Assembly Print Number 9038, an act to amend 17 the Insurance Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 8. This 21 act shall take effect September 1, 2009. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Senator Seward, to explain his vote. 3 SENATOR SEWARD: Yes, very 4 briefly. 5 I'm going to support this 6 legislation, because it does attempt to 7 address an important issue, and that is to 8 extend health insurance coverage for children, 9 older children, young adults who have not yet 10 secured a place in their career and have 11 health insurance through their employment. 12 But I think this particular bill, 13 as well-intentioned as it is, falls short of 14 where it needs to be in terms of truly 15 addressing this problem. And we look forward 16 to working with Senator Breslin, Senator 17 Hannon and others in the future to come in 18 with a version which I think will better 19 address this issue for young adults. 20 I vote aye. 21 ACTING PRESIDENT VALESKY: 22 Senator Seward to be recorded in the 23 affirmative. 24 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. Nays, 2 0. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 877, Senator Aubertine moves 7 to discharge, from the Committee on Rules, 8 Assembly Bill Number 9031 and substitute it 9 for the identical Senate Bill Number 6032, 10 Third Reading Calendar 877. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 877 -- 15 SENATOR KLEIN: Lay it aside for 16 the day, please. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside for the day. 19 THE SECRETARY: In relation to 20 Calendar Number 878, Senator Perkins moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 8839A and substitute it 23 for the identical Senate Bill Number 6034, 24 Third Reading Calendar 878.

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(518) 371-8910 1 SENATOR LIBOUS: Lay it aside, 2 please. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered, and the bill is laid 5 aside. 6 THE SECRETARY: In relation to 7 Calendar Number 879, Senator Aubertine moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 8789 and substitute it 10 for the identical Senate Bill Number 6037, 11 Third Reading Calendar 879. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 879, by Member of the Assembly Ortiz, Assembly 16 Print Number 8789, an act to amend the 17 Domestic Relations Law and others. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect on the 60th day. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 879 are 3 Senators DeFrancisco, Flanagan, Golden, Lanza, 4 Larkin, Leibell, Marcellino, Morahan, 5 Ranzenhofer, Saland and Skelos. 6 Ayes, 46. Nays, 11. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 880, Senator Thompson moves to 11 discharge, from the Committee on Rules, 12 Assembly Print Number 9049 and substitute it 13 for the identical Senate Bill Number 6047, 14 Third Reading Calendar 880. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 880, by Member of the Assembly Sweeney, 19 Assembly Print Number 9049, an act to amend 20 the Environmental Conservation Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 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 3 881, by Senator Sampson, Senate Print 6068, an 4 act to amend the Insurance Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 3 -- 8 SENATOR LIBOUS: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 882, by Senator Thompson, Senate Print 6089, 13 an act to amend the Environmental Conservation 14 Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 7. This 18 act shall take effect on the same date and in 19 the same manner as a chapter of the Laws of 20 2009. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 SENATOR LIBOUS: Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 roll call is withdrawn, and the bill is laid 3 aside. 4 THE SECRETARY: Calendar Number 5 883, by Member of the Assembly Weprin, 6 Assembly Print Number 3250, an act to amend 7 the Public Authorities Law. 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 SENATOR LIBOUS: Lay it aside. 16 ACTING PRESIDENT VALESKY: The 17 roll call is withdrawn, and the bill is laid 18 aside. 19 THE SECRETARY: In relation to 20 Calendar Number 884, Senator Stachowski moves 21 to discharge, from the Committee on Finance, 22 Assembly Print Number 251A and substitute it 23 for the identical Senate Bill Number 2289A, 24 Third Reading Calendar 884.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Substitution ordered. 3 THE SECRETARY: Calendar Number 4 884, by Member of the Assembly Magnarelli, 5 Assembly Print Number 251A, an act to amend 6 the Public Authorities Law. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on the 60th day. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT VALESKY: 15 Senator Alesi, to explain his vote. 16 SENATOR ALESI: To explain my 17 vote. 18 It's a great bill. 19 (Laughter.) 20 ACTING PRESIDENT VALESKY: 21 Senator Alesi to be recorded in the 22 affirmative. 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 885, Senator Stachowski moves 4 to discharge, from the Committee on Veterans, 5 Homeland Security and Military Affairs, 6 Assembly Bill Number 2239 and substitute it 7 for the identical Senate Bill Number 2440, 8 Third Reading Calendar 885. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 885, by Member of the Assembly Schroeder, 13 Assembly Print Number 2239, an act to amend 14 the Real Property Tax Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2 -- 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: In relation to 22 Calendar Number 886, Senator Stachowski moves 23 to discharge, from the Committee on Housing, 24 Construction and Community Development,

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(518) 371-8910 1 Assembly Bill Number 6093A and substitute it 2 for the identical Senate Bill Number 2791A, 3 Third Reading Calendar 886. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 886, by Member of the Assembly Schroeder, 8 Assembly Print Number 6093A, an act to amend 9 the Executive Law. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 80th day. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 887, Senator Addabbo moves to 22 discharge, from the Committee on Energy and 23 Telecommunications, Assembly Print Number 24 3639C, and substitute it for the identical

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(518) 371-8910 1 Senate Bill Number 4192B, Third Reading 2 Calendar 887. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 887, by Member of the Assembly Hevesi, 7 Assembly Print Number 3639C, an act to amend 8 the Public Service Law and the General 9 Business Law. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect April 1, 2010. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 887 are 19 Senators Farley, Seward and Volker. 20 Ayes, 54. Nays, 3. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 888, Senator Stachowski moves

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(518) 371-8910 1 to discharge, from the Committee on Finance, 2 Assembly Bill Number 2849 and substitute it 3 for the identical Senate Bill Number 4435, 4 Third Reading Calendar 888. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 888, by Member of the Assembly Schimminger, 9 Assembly Print Number 2849, an act to amend 10 the Economic Development 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 SENATOR ALESI: To explain my 19 vote. 20 ACTING PRESIDENT VALESKY: 21 Senator Alesi, to explain his vote. 22 SENATOR ALESI: This is another 23 great bill, as was Calendar 848. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Senator Alesi to be recorded in the 2 affirmative. 3 Announce the results. 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 889, Senator Aubertine moves 9 to discharge, from the Committee on Energy and 10 Telecommunications, Assembly Bill Number 2928 11 and substitute it for the identical Senate 12 Bill Number 4841, Third Reading Calendar 889. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 889, by -- 17 SENATOR KLEIN: Lay it aside for 18 the day. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside for the day. 21 THE SECRETARY: In relation to 22 Calendar Number 890, Senator Huntley moves to 23 discharge, from the Committee on Finance, 24 Assembly Bill Number 5055 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 4938, 2 Third Reading Calendar 890. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 890, by Member of the Assembly Rivera, 7 Assembly Print Number 5055, an act to amend 8 the Mental Hygiene Law. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect on the first of April. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 890 are 18 Senators DeFrancisco, Griffo, Lanza and 19 Little. 20 Ayes, 53. Nays, 4. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 891, Senator C. Johnson moves

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(518) 371-8910 1 to discharge, from the Committee on Finance, 2 Assembly Bill Number 7698 and substitute it 3 for the identical Senate Bill Number 5048, 4 Third Reading Calendar 891. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 891, by Member of the Assembly Meng, Assembly 9 Print Number 7698, an act to amend the 10 Executive 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, 57. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 892, Senator Huntley moves to 23 discharge, from the Committee on 24 Investigations and Government Operations,

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(518) 371-8910 1 Assembly Bill Number 781B and substitute it 2 for the identical Senate Bill Number 5396, 3 Third Reading Calendar 892. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 892, by Member of the Assembly Paulin, 8 Assembly Print Number 781B, an act to amend 9 the Executive Law. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 120th day. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 893, Senator Breslin moves to 22 discharge, from the Committee on Insurance, 23 Assembly Bill Number 8402A and substitute it 24 for the identical Senate Bill Number 5472A,

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(518) 371-8910 1 Third Reading Calendar 893. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 893, by Member of the Assembly Morelle, 6 Assembly Print Number 8402A, an act to amend 7 the Insurance Law and the Public Health Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 48. This 11 act shall take effect January 1, 2010. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 894, Senator Klein moves to 20 discharge, from the Committee on Labor, 21 Assembly Bill Number 7144A and substitute it 22 for the identical Senate Bill Number 5737, 23 Third Reading Calendar 894. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 894, by Member of the Assembly Benedetto, 4 Assembly Print Number 7144A, an act to amend 5 the Labor Law and the Civil Service Law. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 6. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 895, Senator Huntley moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 8972A and substitute it 20 for the identical Senate Bill Number 5930A, 21 Third Reading Calendar 895. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 895, by Member of the Assembly Weisenberg, 2 Assembly Print Number 8972A, an act to amend 3 the Mental Hygiene Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 Senator Klein, that completes the 15 noncontroversial reading of the supplemental 16 active list. 17 SENATOR KLEIN: Mr. President, on 18 behalf of Senator Schneiderman, I move to 19 reconsider the vote by which Calendar 867 was 20 passed. 21 ACTING PRESIDENT VALESKY: The 22 Secretary will call the roll on 23 reconsideration. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 867, by Senator Schneiderman, Senate Print 2 701, an act to amend the Education Law. 3 SENATOR SCHNEIDERMAN: Lay it 4 aside for the day. 5 ACTING PRESIDENT VALESKY: The 6 bill is before the house, restored to its 7 place on the Third Reading Calendar, and laid 8 aside for the day. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, at 11 this time can we go to the controversial 12 reading of the supplemental calendar, please. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will ring the bells. 15 We will proceed with the 16 controversial reading of the bills on the 17 supplemental active list. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, 20 can we go back to the order of motions and 21 resolutions, please. 22 ACTING PRESIDENT VALESKY: To the 23 order of motions and resolutions. 24 Senator Klein.

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(518) 371-8910 1 SENATOR KLEIN: I have four 2 motions. 3 First, on behalf of Senator 4 Aubertine, I move to recommit Senate Print 5 4104, Calendar Number 571 on the order of 6 Third Reading, to the Committee on Codes, with 7 instructions to said committee to strike out 8 the enacting clause. 9 ACTING PRESIDENT VALESKY: So 10 ordered. 11 SENATOR KLEIN: On behalf of 12 Senator Ruth Hassell-Thompson, on page 25 I 13 offer the following amendments to Calendar 14 Number 485, Senate Print Number 1799, and ask 15 that said bill retain its place on Third 16 Reading Calendar. 17 ACTING PRESIDENT VALESKY: The 18 amendments are received. 19 SENATOR KLEIN: Mr. President, on 20 behalf of Senator Thompson, on page 9 I offer 21 the following amendments to Calendar Number 22 174, Senate Print Number 3781, and ask that 23 the bill retain its place on Third Reading 24 Calendar.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 amendments are received. 3 SENATOR KLEIN: And last, on 4 behalf of Senator Thompson, on page 10 I offer 5 the following amendments to Calendar Number 6 207, Senate Print 3782, and ask that said bill 7 retain its place on Third Reading Calendar. 8 ACTING PRESIDENT VALESKY: The 9 amendments are received. 10 SENATOR KLEIN: Madam President, 11 welcome. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Klein. 14 SENATOR KLEIN: At this time can 15 we move to the controversial reading of the 16 supplemental calendar. 17 ACTING PRESIDENT STEWART-COUSINS: 18 If the Secretary would please ring the bells, 19 members are asked to come to the chamber for 20 the controversial reading of active bills on 21 the calendar. 22 SENATOR LIBOUS: Madam President. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Libous.

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(518) 371-8910 1 SENATOR LIBOUS: If I could ask 2 of Senator Klein, and I would ask that our 3 members stay in the chamber and we can get 4 this moving. And if Senator Klein might ask 5 that the same, so that we can move these bills 6 right along. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 846, by Member of the Assembly Perry, Assembly 11 Print Number 3409, an act to amend the 12 Personal Property Law and the Banking Law. 13 SENATOR GOLDEN: Explanation. 14 ACTING PRESIDENT STEWART-COUSINS: 15 An explanation has been requested, Senator 16 Sampson. 17 SENATOR SAMPSON: Madam 18 President, who is asking for the explanation? 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Golden has requested the explanation. 21 SENATOR SAMPSON: Senator Golden, 22 this bill prohibits credit card companies from 23 including interest and fees in determining 24 over-the-limit charges on credit cards. This

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(518) 371-8910 1 includes all credit card fees, such is finance 2 charges, service charges, commissions, fines 3 and penalties. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Farley, why do you rise? 6 SENATOR FARLEY: Thank you, my 7 distinguished friend over here. 8 Let me just say that if there's any 9 consensus on the Banking Committee -- this did 10 not go through the Banking Committee -- it's 11 to enhance and try to protect the 12 state-chartered banks. 13 Now, this would only affect 14 state-chartered banks. And the vast 15 preponderance, if not 98 percent of all the 16 credit cards in this state are handled through 17 the federal -- they've moved them out of state 18 because they don't want to be troubled by such 19 legislation. 20 Senator Sampson, this may -- 21 actually, the New York State Bankers 22 Association opposes this. You may think that 23 you're really helping the consumer, but 24 unfortunately you may mislead them by letting

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(518) 371-8910 1 them think they have protection when, in 2 reality, this bill would apply to almost no 3 credit cards in this state. 4 I think there's only about four 5 state-chartered banks that even have their own 6 credit cards. Should this become law, it's a 7 good chance that they will move it out of 8 state. 9 So I would have to vote no on this, 10 with all due respect. 11 SENATOR SAMPSON: Thank you. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Thank you, Senator Farley. 14 SENATOR SAMPSON: Thank you, 15 Senator Farley. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Are there any other members wishing to be 18 heard on the bill? 19 Hearing none, the debate is closed. 20 The Secretary will ring the bell. 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 60th day. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 846 are 7 Senators Bonacic, DeFrancisco, Farley, Griffo, 8 Hannon, Larkin, LaValle, Marcellino, Maziarz, 9 Ranzenhofer, Saland, Seward, Skelos, Volker, 10 Winner, and Young. 11 Absent from voting: Senator 12 McDonald. 13 Ayes, 40. Nays, 16. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is passed. 16 The Secretary will continue to 17 read. 18 THE SECRETARY: Calendar Number 19 850, substituted earlier today by Member of 20 the Assembly Brodsky, Assembly Print Number 21 4343, an act to amend the Public Authorities 22 Law. 23 SENATOR LIBOUS: Explanation. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Senator Savino, an explanation is requested by 2 Senator Libous. 3 SENATOR SAVINO: Thank you, Madam 4 President. 5 This bill would amend the Public 6 Authorities Law in relation to subcontracting 7 out by public authorities. 8 Essentially what the legislation 9 would require is that public authorities would 10 be prohibited from contracting out for 11 services unless contracting for such services 12 is, one, cost-effective when compared to the 13 cost of having the public authority do the 14 work in-house. 15 It would have to be required for a 16 short duration, making it impractical to hire 17 bargaining unit employees to perform the same 18 service. Or if it was required for special 19 expertise not currently available in the 20 bargaining unit, or required due to an urgent 21 need such that the delay in hiring employees 22 would frustrate the public interest. 23 It would be -- 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 I'd ask the members to extend the courtesy to 2 Senator Savino as she explains her bill. 3 SENATOR SAVINO: Thank you, Madam 4 President. 5 It would also require the public 6 authorities to perform a cost-benefit analysis 7 of proposed contracts when they do contract 8 out, which would evaluate but not be limited 9 to the following factors: Whether there was 10 reimbursement from other sources both for the 11 direct and indirect costs of performing the 12 work; whether or not the contractor that they 13 contract out to provides wages and supplements 14 to employees which are comparable to those 15 paid to similar employees performing similar 16 work in the geographic area where the work is 17 to be performed. 18 A contract may not be considered 19 cost-effective if such wages and supplements 20 are substantially lower that those customarily 21 paid in the area, and whether the quality of 22 service being provided is comparable to that 23 which could be provided by the public 24 authority's own employees currently covered by

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(518) 371-8910 1 their bargaining units. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Thank you, Senator Savino. 4 SENATOR LIBOUS: Explanation 5 satisfactory. Read the last section. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Are there any other Senators wishing to speak 8 on the bill? 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of April. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 850 are 19 Senators Golden, Ranzenhofer and Skelos. Also 20 Senator Saland. Also Senators Hannon and 21 Larkin. Also Senator Marcellino. Also 22 Senator LaValle. Also Senator Flanagan. Also 23 Senator Leibell. 24 Ayes, 47. Nays, 10.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: Calendar Number 6 851, substituted earlier by Member of the 7 Assembly Gottfried, Assembly Print Number 8 1752A, an act to amend the Public Health Law. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Hannon, why do you rise? 11 SENATOR HANNON: I'd like to 12 speak on the bill. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Hannon, on the bill. 15 SENATOR HANNON: Let me just ask 16 a question of the chair first. This is which 17 calendar, which calendar item? 18 ACTING PRESIDENT STEWART-COUSINS: 19 It's Number 851, Senator. 20 SENATOR HANNON: Thank you. 21 There is, in light of the total 22 circumstances affecting hospitals, a good 23 reason not to support this. We have been in 24 substantial removal of their financial support

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(518) 371-8910 1 from this year's budget. We have changed 2 around their funding streams by moving major 3 support away from inpatient healthcare to 4 outpatient clinics, ambulatory clinics. The 5 federal government has talked about major 6 changes. 7 But the president of the United 8 States and the hospitals in this nation have 9 talked about sacrificing $1.5 trillion to 10 $2 trillion over the next 10 years, which 11 would translate into a loss to hospitals of 12 about a billion dollars a year from affecting 13 that agreement between the President of the 14 United States and the hospitals of this 15 nation, notwithstanding whatever of the 16 various five or six bills come out of Congress 17 for reforming healthcare. 18 In light of that, we're supposed to 19 have a disclosure statement that would be the 20 Nursing Care Quality Protection Act. It 21 sounds great, but nothing would be there. We 22 don't have standards that say what the ratios 23 of staffing to patients ought to be. We don't 24 actually have, in any given hospital

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(518) 371-8910 1 institution, a uniform type of care that has 2 to be given. 3 How can I say that? We have 4 emergency rooms, we have general surgical 5 units, we have intensive care units, we have 6 obstetric units. Each one of those -- and I 7 could go on. Postsurgical. Each one of those 8 requires a different staffing pattern. 9 Now, all of the hospitals in this 10 state have to conform to quality standards. 11 If they don't conform to quality standards, 12 they're subject to strict regulation by the 13 state hospital department, by federal 14 regulations. 15 So there is quality there. The 16 point is if we start to have to have this 17 vague mandate, we're going to be collecting 18 things against a standard that's unknown. 19 For those reasons and for many 20 others -- and the hour is too late and we have 21 too much things on our plate -- I just want to 22 point out that the hospitals in New York City, 23 the Greater Hospital Association, the 24 hospitals in the state, the Hospital

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(518) 371-8910 1 Association of New York State, various 2 specific hospitals have communicated their 3 opposition. This is not the right time nor 4 the right place to go with this legislation. 5 Now, consumers and patients in this 6 state are left with a myriad of resources 7 currently available, currently available to 8 everybody. It's on the web. You can go look 9 on the web for any hospital in the state and 10 find a myriad of indicators and make your 11 decisions as to the services being provided. 12 But this legislation is the wrong 13 place at the wrong time. In the future, 14 perhaps with some of the things being 15 discussed under national healthcare reform 16 with quality indicators, with effectiveness 17 indicators, this would be appropriate. But 18 not now, not this time. 19 Thank you, Madam President. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Thank you, Senator. 22 Senator LaValle. 23 SENATOR LaVALLE: Thank you, 24 Madam President.

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(518) 371-8910 1 It is a very rare time when I rise 2 to have a disparate view than my learned 3 colleague to my left, Senator Hannon. 4 Normally, throughout my career I have been 5 very supportive of our hospitals. During the 6 budget, I stood up here and debated Senator 7 Duane. And actually Senator Hannon 8 articulated many of the reasons why we need to 9 be supportive of the hospitals. 10 I spend a lot of time with -- I 11 have five hospitals in my district. I have 12 done a lot of interaction with the hospitals 13 in my Senate district, which places me there 14 and talking to patients, talking to staff. 15 One of the biggest complaints today, and I 16 hear this all the time, people will say: "The 17 last place you want to be is in a hospital." 18 Now, for a lot of reasons, you 19 don't want to be ill. But you don't want to 20 be in a hospital because the issue of nursing 21 to patient ratios differs. And in some cases, 22 because the hospitals are so jammed fiscally, 23 that ratio in some cases is compromised. 24 In this case I am going to, because

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(518) 371-8910 1 again, through my career, I have been a person 2 who believes that one of the best kinds of 3 regulation is through disclosure, through 4 transparency. And I think the more 5 information that we have in terms of 6 nurse/patient ratios is a good thing. It's a 7 good thing for the patients. 8 We have to, in other venues, be 9 supportive of the hospitals to be able to 10 ensure that they have the revenues to provide 11 adequate care. But we should not be in a 12 place at this time compromising patients' 13 health. 14 So when it comes for a vote -- and 15 again, it's rare that I have a disparate view 16 from my colleague Senator Hannon -- but I am 17 going to be supportive of this legislation. 18 Thank you. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Thank you, Senator. 21 Senator DeFrancisco. 22 SENATOR DeFRANCISCO: I'm going 23 to vote in favor of this bill as well. This 24 used to be my bill in other times.

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(518) 371-8910 1 And it's interesting that hospitals 2 would be against something like this. It's 3 simple disclosure to give the consumer a 4 little information about the various numbers 5 of nurses and the like that serve in the 6 hospital, that serve in direct patient care. 7 It's just more information. 8 And the reason why it seems sort of 9 unusual the hospitals would be against this 10 for so many years is that they're advertising 11 all over the place nowadays, trying to 12 convince people to come, through their 13 advertisements, to their particular hospital 14 for their specialty. 15 They should also be willing -- and 16 if they're not, the state should require 17 them -- to provide this information to the 18 general public to make a wise decision. 19 I'm going to vote yes. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Thank you, Senator. 22 Are there any other Senators 23 wishing to be heard on the bill? 24 Senator Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you very 2 much, Madam President. 3 My colleagues, I think -- all of 4 them -- made some excellent points. But I 5 want to most of all stress that the intent of 6 this bill is really just to better inform 7 consumers. And the goal really is to try to 8 have as many tools in order to ensure the best 9 quality of care. 10 The information that will be 11 garnered as a result of this bill is 12 information that's part of much information 13 that will empower consumers as well as people 14 in the health and medical fields, and 15 ultimately I think it will help to provide for 16 a better health care system for all 17 New Yorkers. 18 Thank you, Madam President. And I 19 encourage my colleagues to vote yes. Thank 20 you. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Thank you, Senator Duane. 23 Any other Senators wishing to be 24 heard?

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(518) 371-8910 1 Hearing none, the debate is closed. 2 The Secretary will please ring the 3 bells. 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 180th day. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 851 are 12 Senators Farley, Hannon, Larkin, Libous, 13 Little, Marcellino, Ranzenhofer, Seward, 14 Skelos and Winner. 15 Ayes, 47. Nays, 10. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is passed. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 857, substituted earlier today by Member of 21 the Assembly Weinstein, Assembly Print Number 22 9017, an act to amend the Family Court Act. 23 SENATOR LIBOUS: Read the last 24 section.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 15. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 857 are 10 Senators Bonacic, DeFrancisco, Skelos and 11 Volker. 12 Ayes, 53. Nays, 4. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The bill is passed. 15 The Secretary will continue to 16 read. 17 THE SECRETARY: Calendar Number 18 864, substituted earlier today by Member of 19 the Assembly Schimminger -- 20 SENATOR KLEIN: Lay it aside for 21 the day. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is laid aside for the day. 24 The Secretary will continue to

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(518) 371-8910 1 read. 2 THE SECRETARY: Calendar Number 3 878, substituted earlier today by Member of 4 the Assembly Pheffer, Assembly Print Number 5 8839A, an act to amend the General Business 6 Law. 7 SENATOR FUSCHILLO: Explanation. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Perkins, an explanation has been 10 requested by Senator Fuschillo. 11 SENATOR PERKINS: This bill 12 amends the "Do Not Call" Law to create more 13 comprehensive protections from unsolicited 14 telemarketing sales calls for consumers. 15 The bill expressly prohibits 16 prerecorded telemarketing sales call, 17 restricts telemarketer calling times, requires 18 telemarketers to disclose all terms and 19 conditions related to offers containing 20 negative option features, and provides the 21 Consumer Protection Board with subpoena power 22 to investigate violations. 23 Effectively, it better coordinates 24 the federal law with our state law.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Saland, why do you rise? 3 SENATOR SALAND: On the bill. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Saland, on the bill. 6 SENATOR SALAND: Madam President, 7 I certainly don't have any problems with 8 anything that Senator Perkins mentioned in his 9 explanation of the bill. 10 What does, however, give me some 11 problems is providing the Consumer Protection 12 Board with a subpoena power, something which 13 we have not done for them previously, 14 something in fact which they didn't even ask 15 for in their program bill. 16 And I just think it's a rather 17 slippery slope, and I'm not quite sure how we 18 justify providing this particular ability to 19 this particular entity. And for that reason, 20 Madam President, I'm going to vote in the 21 negative and urge my colleagues to vote in the 22 negative as well. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Thank you, Senator.

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(518) 371-8910 1 Senator Fuschillo, why do you rise? 2 SENATOR FUSCHILLO: On the bill, 3 Madam President. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Fuschillo, on the bill. 6 SENATOR FUSCHILLO: I am 7 well-versed on the "Do Not Call" Registry, as 8 the author of that, and Senator Stachowski was 9 the co-prime back in 2001. And all the 10 provisions that Senator Perkins talked about, 11 consumers in New York are currently covered. 12 The Consumer Protection Board was 13 established in 1970 as a consumer watchdog and 14 a think tank, not to go down the avenue of 15 have subpoena power. As the former chair of 16 the Consumer Protection Board, when the 17 current executive director and chair came in, 18 she came from the Attorney General's office. 19 And she handled consumer complaints. And I 20 think she wanted to take the powers that she 21 had in the Attorney General's Office and bring 22 them to the Consumer Protection Board. 23 I did not agree with her because I 24 felt, as I feel now, that the Attorney

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(518) 371-8910 1 General's Office, their Consumer Protection 2 Unit does an admirable job in protecting 3 consumers. And I have full faith and 4 confidence in Attorney General Andrew Cuomo 5 and his staff to handle consumer complaints 6 when it has to go to the next step. 7 Now, to give the Consumer 8 Protection Board the subpoena power that they 9 currently don't have and take away the 10 authority and the responsibility that the 11 Attorney General's Office has, I never 12 understood why she wanted to do it; I don't 13 understand why she wants to do it today. 14 I urge all my colleagues to vote 15 against this bill to reinforce our faith in 16 the Attorney General's Consumer Protection 17 Unit. When I was the chair of the Consumer 18 Protection Board, I had many dealings with 19 Attorney General then Eliot Spitzer and 20 Attorney General currently Andrew Cuomo, and I 21 must tell you something, ladies and gentlemen, 22 that the consumers of New York State are 23 fortunate to have a strong Attorney General's 24 Office.

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(518) 371-8910 1 And to give the Consumer Protection 2 Board, and the chair, subpoena power is wrong, 3 and I urge a no vote on this legislation. 4 Thank you, Madam President. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Thank you, Senator. 7 Are there any other Senators 8 wishing to be heard on the bill? 9 Senator Maziarz. 10 SENATOR MAZIARZ: Thank you very 11 much, Madam President. 12 I respectfully disagree with my 13 colleagues. I think this is a good bill. 14 Just very recently I had, I think, 15 maybe hundreds, maybe thousands of calls in my 16 Senate district making extremely negative, 17 disparaging remarks against our new Senate 18 majority leader. They were anti-Hispanic 19 calls. And we still don't know to this day 20 who did that, and I'd like to find out. 21 I think this is a good bill. Thank 22 you. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Klein.

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(518) 371-8910 1 SENATOR KLEIN: I'd like to rise 2 in support of this legislation. I want to 3 thank my colleague Senator Perkins. This 4 piece of legislation is something that I 5 shared with Senator Fuschillo; I was the 6 Assembly sponsor of the original "Do Not Call" 7 legislation. 8 And I think one of the most 9 important things that we have to remember 10 about this is that it did cut down on unwanted 11 telemarketing calls tremendously, especially 12 those calls which targeted senior citizens and 13 people who are vulnerable to different kinds 14 of scams. 15 And I think it's important, since 16 we wrote the original law, that we keep 17 updating it. And certainly one of the newer 18 nuisances are these automated calls. 19 So I want to give a lot of credit 20 to my colleague Senator Perkins, and of course 21 I support this legislation. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you, Senator Klein. 24 Are there any other Senators

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(518) 371-8910 1 wishing to be heard on the bill? 2 Hearing none, the debate is closed. 3 The Secretary will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 120th day. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 878 are 14 Senators Alesi, Bonacic, DeFrancisco, Farley, 15 Flanagan, Fuschillo, Golden, Griffo, Hannon, 16 Lanza, Larkin, LaValle, Leibell, Libous, 17 Little, Marcellino, McDonald, Morahan, 18 Nozzolio, Padavan, Ranzenhofer, Robach, 19 Saland, Seward, Skelos, Volker, Winner and 20 Young. 21 Ayes, 29. Nays, 28. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is defeated. 24 Senator Perkins.

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(518) 371-8910 1 SENATOR PERKINS: Madam 2 President, I'd like to lay it on the table. 3 ACTING PRESIDENT STEWART-COUSINS: 4 The bill is laid on the table. The bill is 5 tabled. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: Calendar Number 9 880, substituted earlier today by Member of 10 the Assembly Sweeney, Assembly Print Number 11 9049, an act to amend the Environmental 12 Conservation Law. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 SENATOR MARCELLINO: Madam 21 President. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Marcellino, why do you rise? 24 SENATOR MARCELLINO: I'd like to

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(518) 371-8910 1 speak on the bill. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Marcellino, on the bill. 4 SENATOR MARCELLINO: Yes, thank 5 you, Madam President. 6 This is not an easy point for me. 7 For years, I have been working very hard to do 8 an electronic waste recycling bill. I've been 9 working to do a regional bill in the Northeast 10 with the Council of State Governments so that 11 we had a unibill for the entire Northeast 12 region so that manufacturers could come in 13 with one set of rules in all of these states 14 that we have. 15 I thought we were getting really 16 very close as negotiations went on this 17 particular year. However, at the last minute, 18 language was removed from the bill by the 19 Assembly that put manufacturers located in 20 New York State, in various regions of the 21 state -- such as Kodak, such as Hewlett 22 Packard, such an IBM, such as Canon -- various 23 major employers at a detriment. 24 The language that was removed was

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(518) 371-8910 1 recognized by Senator Thompson, as the 2 sponsor, and he has placed a subsequent bill 3 down the line which is, I think, the next bill 4 we'll probably take up, as a chapter 5 amendment. 6 Unfortunately, at this time we have 7 no agreement on the part of the Assembly to 8 take up the chapter amendment, and that means 9 it's worthless. We'll pass a one-house bill 10 that did not pass the Assembly. There will be 11 no reason for them to come back. The bill 12 that we are currently talking about is a bill 13 that has passed the Assembly. They have no 14 incentive to come back and redo this bill. 15 And as I said before, this bill, if 16 passed in this form, will cost jobs in various 17 regions of the state which we cannot afford. 18 This language that I would like to 19 see in the bill, in this current bill, would 20 not change the idea, would not impact it in 21 any way, shape or form, and I do not believe 22 is opposed by any environmental group that is 23 currently supporting the electronic waste 24 bill.

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(518) 371-8910 1 I would like to see this bill laid 2 aside. And at this point in time I do urge my 3 colleague Senator Thompson, who chairs the 4 EnCon Committee in this house, to lay the bill 5 aside. 6 Let us negotiate with the Assembly. 7 Let us talk to the sponsor, let us talk to the 8 EnCon chair in the other house, let us get an 9 agreement on this bill so that the language 10 gets put in or they'll accept a chapter 11 amendment -- I don't care which -- but we 12 could then pass the bill at a later date, 13 which I would be more than happy to do. I 14 would be more than happy to extend my efforts 15 and my best work, if you will, to assist in 16 this negotiation to make this bill real. 17 I would like nothing better than to 18 pass this bill in a form that is good for the 19 State of New York. Right now it is not. It 20 will not help. 21 We are going to be back, and we all 22 know it. This is not the last time this 23 chamber will meet. This is not the last time 24 we will come together as a house, and bills

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(518) 371-8910 1 will be on the table. This bill could be one 2 of them, negotiated with full three-way 3 agreement, with the Governor signing it, the 4 Senate passing it, the Assembly passing it in 5 the proper form. 6 Again, I urge that that be the 7 case. The last thing I want to do is to see a 8 bill like this, which I have worked extremely 9 hard to get passed, defeated. I don't like 10 that. That's not what I want to do. 11 So again, I do urge my colleague, 12 you have my commitment to work with you to 13 make this bill whole, to make this bill a 14 realistic bill that can pass in the proper 15 form that would be effective and not cost jobs 16 in this state, not impact negatively employers 17 in this state, and having absolutely nothing 18 to do with an environmental thing. 19 This bill is flawed as it is now. 20 And we can make it better. We can make it 21 more effective for the environment and for the 22 workers of this state. 23 Thank you, Madam President. With 24 the bill in this form, I will have to vote no

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(518) 371-8910 1 and urge my colleagues to vote no as well. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Thank you, Senator Marcellino. 4 Senator Thompson. 5 SENATOR THOMPSON: Thank you. 6 First let me thank you, Madam President, for 7 recognizing me. I just want to give a couple 8 of things on the bill. 9 The first is that electronic 10 recycling is extremely important. A lot of 11 time has gone into working on this bill long 12 before I even came into the Senate, as my 13 colleague Senator Marcellino talked about. 14 I think there's a couple of things 15 that are of extreme importance. Number one, 16 this process has been extremely transparent. 17 We had a number of roundtables that were 18 televised by the Senate. We had companies 19 come from all over the country to participate 20 in them. We also have a number of letters, 21 memorandums of support from General Electric 22 to the New York State Association of Counties 23 to NYCOM. A lot of organizations have come 24 out in support of this bill.

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(518) 371-8910 1 Nineteen other states have e-waste 2 legislation on the books right now. That's 3 tremendously important as well. New York 4 City, who has a law on the books, they have 5 delayed the implementation of the e-waste bill 6 in New York City because they were waiting for 7 the Senate to pass this bill. 8 My colleague talked about input and 9 recommendations. Every suggestion that was 10 recommended was added to this bill. The only 11 reason why this last technical amendment was 12 not added to the bill is because, as everyone 13 knows, we had a little disturbance during the 14 month of June. And so the Assembly, on the 15 last day, they waited for us to hopefully come 16 together, but we didn't. But they did put in 17 a couple of the other amendments. 18 I have every bit of confidence that 19 this other chapter amendment, we will get it 20 done. But all the other amendments that have 21 been recommended by the industry, by the 22 advocates -- this was a very grueling process 23 to work through, and we were able to do that. 24 And again, the companies in this

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(518) 371-8910 1 state, if they sell products in this state or 2 in New York City, whether upstate, downstate 3 or out of state and they sell products in 4 New York City, they will have to comply with 5 that law. And that's why so many companies 6 came together to support this bill. 7 Can we do this other amendment? 8 Yes, we can. Do we need to do it? 9 Absolutely. But this bill will not take 10 effect until July 1st of 2010. And this is 11 extremely important. This bill will not take 12 effect until July 1st of 2010, and it preempts 13 New York City's bill. So it gives these 14 companies in New York State that you're 15 fighting for some breathing room. And that's 16 why so many companies and over 20 17 organizations have come out in support of this 18 bill. 19 When HP and a couple of others had 20 some concerns about business-to-business 21 usage, I said to them that we would put the 22 chapter amendment in. We did it immediately 23 within two days. And so they understand that, 24 number one, the bill doesn't take effect until

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(518) 371-8910 1 July 1st of 2010. They don't have to comply 2 with the New York City bill; this preempts the 3 New York City bill. 4 So if you want to help businesses, 5 you need to support this bill, because 6 otherwise they will have to comply with 7 New York's bill on August 1st of this year, 8 and they then have to go around hiring service 9 companies or providing the service themselves 10 to collect recyclable materials. So this is 11 very, very important. 12 And I would ask you to support this 13 bill. It's a very good bill. And even though 14 my colleague said he may not vote for it, he 15 has put a lot of time in it and he can 16 honestly say that I have valued his input. 17 And everything he suggested that we could get 18 in before the June deadline, we did submit, 19 and we will do this other chapter amendment as 20 well. 21 Thank you. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you, Senator Thompson. 24 Senator Craig Johnson.

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(518) 371-8910 1 SENATOR CRAIG JOHNSON: Thank 2 you, Madam President. I rise to express my 3 concerns about this bill. 4 And I have the utmost respect for 5 my good friend and colleague the chairman of 6 the Environmental Conservation Committee, a 7 committee that I served as a ranker on for a 8 year, working with my colleague from Long 9 Island, Senator Marcellino. 10 But my concern comes out of the 11 definite need to promote recycling of e-waste. 12 And I think all of us here in this body 13 recognize today that one of the biggest 14 environmental concerns is more and more 15 computers and computer monitors, the 16 technology that we seem to rely upon getting 17 old very rapidly and filling up our space. 18 But at the same time, at the same 19 time we have to balance these concerns with 20 legislation that, while good-intentioned, may 21 have some problems that affect all of us 22 throughout the state. 23 My concern is not on Chairman 24 Thompson's goals, my concern is what happens

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(518) 371-8910 1 with the other side in this Capitol. We have 2 before us right now a bill that was introduced 3 on June 22, 2009, in the days, if it was a 4 perfect world, of what would have been the 5 last days of our Senate session. Facts 6 change, and we're here today. 7 The problem is, the problem is the 8 bill that we are debating in my opinion 9 contains some very burdensome problems for 10 businesses like Canon, which is located on 11 Long Island, an important employer for 12 constituents who may live in Senator 13 Fuschillo's district or my district or Senator 14 Skelos, Senator Hannon, or Senator 15 Marcellino's district. Or Kodak, located 16 upstate in Rochester, Senator Robach's 17 district. 18 Now, what's important is Senator 19 Thompson has recognized some of these 20 potential problems and introduced an amendment 21 on July 13th, an important amendment that 22 would address these concerns. There's one 23 problem, my colleagues; the Assembly hasn't 24 passed it. Hasn't passed what looks to be an

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(518) 371-8910 1 amendment that saves or would save the bill. 2 So what we're being asked to do 3 right now is pass a bill that has flaws, that 4 we know has flaws, that there's legislation to 5 correct those flaws, but that corrective 6 legislation hasn't even been introduced in the 7 Assembly. 8 My concern is the Assembly is not 9 even going to take it up. Because if they 10 carried about the legislation, they would have 11 introduced it right after or at the same time 12 as Senator Thompson. But they haven't. They 13 haven't. 14 And so my concern is we pass a 15 piece of legislation tonight with acknowledged 16 problems and the Governor signs it, and then 17 we have a potential economic impact on 18 employers and employees in areas like Long 19 Island -- which just saw a very important 20 company, OC Pharmaceuticals, leave Long Island 21 to go to Westchester. 22 I think we need to recognize this 23 is an important piece of legislation, but it 24 should be done right. It should be done

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(518) 371-8910 1 correctly. I think we all recognize that 2 we're going to be back in September. I think 3 we understand, given the major economic 4 problems we continue to face here in New York 5 State, we're coming back. And hopefully we're 6 going work together in the spirit we saw last 7 night to solve those problems. 8 Well, we should take that same 9 spirit and apply it to this bill. We should 10 put aside this bill for a short period of time 11 to ensure that the Assembly introduces a very 12 simple amendment that recognizes the problems 13 and then we have the confidence -- I don't 14 have confidence tonight, ladies and gentlemen, 15 that the Assembly is going to do the right 16 thing that Senator Thompson has done by 17 introducing this amendment. 18 And it's because of that lack of 19 confidence that I have in the Assembly, a lack 20 of confidence I think a lot of us have shared 21 in years past and even tonight, that I cannot 22 at this time support an important piece of 23 legislation. I can't do it because I'm afraid 24 the Assembly won't fix the problem that

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(518) 371-8910 1 Senator Thompson has tried to fix and then 2 we've got even a bigger problem for some of 3 our employers in New York State. 4 Thank you very much, Madam 5 President. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you, Senator Johnson. 8 Are there any other Senators 9 wishing to be heard on the bill? 10 Senator Alesi. 11 SENATOR ALESI: Thank you. I'll 12 be brief. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Alesi, on the bill. 15 SENATOR ALESI: As a former chair 16 of the Committee on Commerce and Economic 17 Development, and now the ranker -- but more 18 importantly, as somebody who comes from the 19 Greater Rochester area -- I know the impact of 20 disrupting the balance between trying to do 21 the right thing with our environment and 22 trying to protect and preserve and even grow 23 jobs, especially in the upstate area, 24 Rochester area, where Eastman Kodak is

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(518) 371-8910 1 headquartered. 2 Many times I had conversations with 3 the former chair and expert on environmental 4 issues, Senator Marcellino, on how that 5 balance could better be implemented. I know 6 of nobody who is more passionate about 7 protecting the environment. I know of nobody 8 in this state -- even though I can't hear very 9 well, I know of nobody in this state who has 10 more passion and more knowledge than Senator 11 Marcellino, with all respect to the new chair. 12 But I also believe that having some 13 personal knowledge and experience about the 14 growth of our economy, the decline of our 15 economy, the people that are my neighbors, my 16 constituents that once might have worked not 17 only for Kodak, but supplied Kodak and 18 serviced Kodak, a company that at one time by 19 itself had 80,000 employees in the greater 20 Rochester area and now has one-twelfth, 21 one-twelfth of that 80,000. 22 And they have come to us and they 23 have said, "We are good stewards of the 24 environment within the confines of the

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(518) 371-8910 1 business that we run, and we are becoming 2 better stewards." Just as many companies, 3 without even having to be forced 4 legislatively -- because economically, it's 5 sound for them to be good stewards of the 6 environment. Businesses are good partners 7 with those that want a solid, sound 8 environment. 9 When I listened to Senator 10 Marcellino, someone who is passionate beyond 11 belief, someone who is driven more than I was 12 even comfortable with at times, I have to say 13 that there is absolutely something right with 14 his approach to this. I believe it myself, 15 because, as I said, I can see the impact it's 16 going to have not just on a Rochester company 17 but on all New York State. 18 In fact, the company I've talked 19 about is not the only company that's going to 20 be impacted. HP, maybe others. Suppliers, 21 servicers. A global company is going to be 22 impacted with this by rushing this through. 23 There will be no retreat to the 24 Assembly, I guarantee you. I guarantee you.

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(518) 371-8910 1 Even if there's a chapter amendment in print 2 right now, it will never make it over there, 3 it won't be taken up. This bill will go to 4 the Governor. And it will be one more death 5 blow to a company that is on the edge right 6 now, that has done everything it can to 7 survive not only economically, to be prudent 8 in everything it does as it relates to our 9 environment. 10 To simplify the argument, if 11 Senator Marcellino is saying we should wait -- 12 and I can't imagine anyone here who would not 13 heed his advice. 14 But to bring it back home, I've 15 seen so many of my friends and neighbors that 16 are either out of work -- highly skilled, 17 highly educated people -- or maybe they're 18 doing some job that is below their level of 19 training and education because they need to 20 put food on the table. 21 When I see that, and I know that 22 this is just going to add one more nail to the 23 coffin, then I have to implore Senator 24 Thompson, take this bill and lay it aside and

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(518) 371-8910 1 rather than wait for a chapter amendment, make 2 the adjustments that will serve not only the 3 environment but will serve human beings that 4 need to put food on their table, pay their 5 bills, and send their kids to school. That 6 would be not only a prudent thing to do, but I 7 think it would be a compassionate thing to do. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Thompson, why do you rise? 10 SENATOR THOMPSON: Yes, Madam 11 President, I tried to restrain myself as much 12 as I can. If my colleague would be kind 13 enough to yield for one question. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Alesi, Senator Thompson has asked you 16 to yield for a question. 17 SENATOR ALESI: I will yield for 18 a question. 19 SENATOR THOMPSON: Yeah, just one 20 question. 21 Through you, Madam Chairperson, if 22 my colleague is aware that this bill will not 23 take effect until July 1st of 2010. In 24 addition, if he's aware that the reason why

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(518) 371-8910 1 it's so important to do this bill now is 2 because the same companies like Kodak that 3 he's concerned about would be impacted by the 4 New York City bill. If he's aware of those 5 two things. 6 SENATOR ALESI: Madam President, 7 through you -- and I'll try to be as succinct 8 as possible. Unless there are other sections, 9 usually the last line says when the bill shall 10 take effect. And this last line said it shall 11 take effect immediately. That's the bill 12 we're talking about, not the implementation. 13 So once again, I would simply ask, 14 with all due respect, based on the expertise 15 and passion, not only of myself but of Senator 16 Marcellino and others, that Senator Thompson 17 simply at this late hour, without trying to 18 ram this bill down everybody's throat, take a 19 moment and say it would be okay for me as the 20 author to lay this bill aside and work with 21 the Assembly to do the prudent thing. 22 But this last line does say this 23 bill shall take effect immediately. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Are there any other Senators wishing to be 2 heard on the bill? 3 Hearing none, the debate is closed. 4 The Secretary will please ring the 5 bells and read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Thompson. 13 SENATOR THOMPSON: Yes, seeing 14 that we are a couple of votes short tonight, I 15 would ask that we table the bill. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is tabled. 18 SENATOR THOMPSON: And withdraw 19 the motion as well. 20 ACTING PRESIDENT STEWART-COUSINS: 21 We will withdraw the roll and lay the bill on 22 the table. 23 SENATOR THOMPSON: Yes, withdraw 24 the roll and lay the bill aside for the day.

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(518) 371-8910 1 Thanks. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The roll is withdrawn, and the bill is laid 4 aside for the day. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 881, by Senator Sampson, Senate Print 6068, an 8 act to amend the Insurance Law. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Hannon, why do you rise? 11 SENATOR HANNON: To speak on the 12 bill, Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Hannon, on the bill. 15 SENATOR HANNON: I have another 16 improbable task, which is why I think that a 17 bill labeled mandate relief, with a respected 18 sponsor, contains something that I think will 19 actually do the reverse of helping localities 20 and do the reverse of helping people in the 21 state. 22 Sections A to F in this bill -- and 23 Section F is the one that I'm talking about. 24 It wasn't in the bill originally when it came

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(518) 371-8910 1 from the Governor as mandate relief, but some 2 people have put it in there. And I believe 3 what it does is it cuts off the current right 4 of subrogation and thereby says to people who 5 provide health insurance, you're not going to 6 be able to recover for -- 7 ACTING PRESIDENT STEWART-COUSINS: 8 Excuse me, Senator Hannon. 9 May we have order in the chamber, 10 please. 11 SENATOR HANNON: You're not going 12 to be able to recover from awards, and you're 13 going to have to raise your premiums 14 accordingly. 15 Now, at 10 after 10:00, the right 16 of subrogation is certainly pretty strange. 17 What is it? It's a whole principle in 18 equitable law that says if somebody has 19 insurance coverage and has a right, because 20 they have been injured, to sue, that they can 21 only recover once, that they cannot recover 22 twice. They can't get insurance payments for 23 their health benefits and they can't get an 24 award in court because they've been injured.

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(518) 371-8910 1 But precisely this bill would 2 propose to cut off that and allow the double 3 recovery. 4 People have talked about that this 5 is occasioned by some recent Court of Appeals 6 decision called Fasso in February of this 7 year. You read through it, it says the 8 opposite. It talks about the fact that a 9 person does not have the right to double 10 recover. 11 Whatever other excuses have been 12 offered, you then go to the bill, the very 13 last part of the bill, and I find it 14 astounding. Because the right of subrogation 15 is something we gave specifically to the 16 people who provide Medicaid benefits -- 17 namely, the state and the counties -- in the 18 budget this year so they could make sure they 19 could have recoveries. 20 Now we purport to take it away from 21 the insurers. And by the provisions in this 22 bill, I believe we take it away actually from 23 Medicaid. People have said otherwise. 24 There is a statement at the end

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(518) 371-8910 1 under the General Obligations Law that's added 2 that says when a plaintiff settles with one or 3 more defendants in an action for personal 4 injuries, medical, dental or podiatric 5 malpractice, it shall be conclusively presumed 6 that the settlement does not include any 7 compensation for the cost of healthcare 8 services. Conclusively presumed. We're 9 making a decision by this statute as to what 10 every case is included its award and 11 settlement in this state. 12 It goes further on to say that by 13 entering into any settlement, the plaintiff 14 should not be deemed to have taken action in 15 derogation of any nonstatutory right. We're 16 making decisions for every court case. 17 People will, in years to come, in 18 law reviews wonder what the heck we were ever 19 doing and why we were raising premiums. Well, 20 it's because people like the trial lawyers, 21 their memo in support -- I'm speaking in 22 opposition to it -- they have made some 23 convoluted statements. 24 They talk about a health insurer

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(518) 371-8910 1 enjoying a windfall. "The health insurer is 2 enjoying a windfall by both collecting 3 premiums from a person covered and collecting 4 reimbursement from a city." Well, they forget 5 to say that the health insurer has paid health 6 benefits. Someone has an injury, someone is 7 harmed, the insurer is paying. They skip over 8 that. 9 We are abrogating the entire 10 principle here tonight. I don't believe it is 11 supportable. I am voting against this bill. 12 I would urge my colleagues to do the same. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Thank you, Senator. 15 Senator DeFrancisco. 16 SENATOR DeFRANCISCO: Very 17 briefly, it was just mentioned that there's no 18 windfall to the insurance companies. Well, 19 the fact of the matter is under the present 20 situation, without this bill, there definitely 21 is a windfall. 22 There's a big difference between 23 Medicaid having a lien on a recovery in a 24 lawsuit because the plaintiff in the lawsuit

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(518) 371-8910 1 doesn't paid pay premiums for the Medicaid 2 benefits. These are statutory rights that the 3 state has provided, and the plaintiff is not 4 paying premiums. 5 The windfall is very, very simple 6 to understand. If the insurance company is 7 getting premiums to pay for the ill health of 8 someone, they're being paid for the benefit 9 they're providing. It's double recovery if 10 they're not only getting paid for the benefit 11 provided, but then be able to recover once the 12 plaintiff gets a recovery in a lawsuit. 13 And if you look at the statute, the 14 statute precludes you from going after medical 15 expenses. You can't get that double dip. 16 And the other point I think that's 17 really important for those who don't practice 18 this type of law is that the insurance 19 companies have a hold over settlements. You 20 try to settle a case, you try to find out what 21 the lien is that they want. 22 And the fact of the matter is they 23 hold a club over the settlement. And if 24 you've got to pay the lien of the insurance

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(518) 371-8910 1 company, that means the defendant has to pay 2 more in a settlement. That's not fair to that 3 defendant, because the defendant wasn't 4 getting premiums like the insurance company 5 was for the health insurance. 6 So this is a very good bill. It's 7 good not only because it helps municipalities 8 in getting reimbursement, but it prevents the 9 double-dipping of insurance companies and 10 makes for a more efficient settlement process 11 so that the settlements are likely to be 12 less -- and the insurance companies are not 13 getting reimbursement as well as premiums. 14 So it's an excellent, excellent 15 bill, long overview, and I would urge the 16 support of both sides of the aisle. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Thank you, Senator. 19 Senator Volker. 20 SENATOR VOLKER: Madam President, 21 it really is ironic -- and I want to 22 compliment my good friend Senator Sampson that 23 an issue that I have been pursuing for I guess 24 15 years is included in part of a bill

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(518) 371-8910 1 sponsored by Senator Sampson. Who, by the 2 way, I think was a wonderful gentleman this 3 year as chairman of Judiciary, I want to make 4 that very clear. 5 But everybody should know that what 6 is involved in this bill is a provision that 7 relates to what's called collateral source. 8 Now, collateral source has been around for 9 years and it has caused millions and millions 10 of dollars to be paid out by the City of 11 New York, the City of Buffalo, the City of 12 Rochester, counties, towns, villages. Every 13 municipality in this state has supported my 14 attempt over the years, or our attempt over 15 the years, to eliminate collateral source. 16 Now, it has been difficult for many 17 reasons. The Assembly has been reluctant to 18 move on this unless we tag with that certain 19 other issues. And Senator DeFrancisco and I a 20 couple of years ago had competing bills 21 relating to how this issue would be taken care 22 of. Finally, what happened is we joined them 23 together. 24 And although I hate to dispute my

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(518) 371-8910 1 great friend Senator Hannon, who is brilliant 2 in healthcare, I don't quite agree with the 3 way in which he has decided that the situation 4 will come down. The truth is it is far more 5 complicated than that. 6 Oh, it may raise, slightly, 7 healthcare costs. That is possible. But the 8 big thing is every city, town, village and 9 county in this state is going to be able to 10 keep or recover millions of dollars. The City 11 of New York, very conservatively now -- they 12 used to say $100 million; they now say about 13 30 million. I think one reason is that they 14 changed the way they insure. But at any one 15 given time, it could well be $100 million 16 because of the way the system works. 17 So let me say that when this 18 portion of the Legislature is over, there will 19 be people in the business community and in the 20 municipalities who will say that one of the 21 major issues in tort reform that has been 22 sought after for at least a decade was 23 accomplished in this bill. 24 And I compliment my good friend,

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(518) 371-8910 1 the chairman of Judiciary. I realize that 2 this is not a perfect bill, and Senator Hannon 3 did mention some of the difficulties that we 4 have when you're dealing with this subrogation 5 issue and when you're dealing with the issue 6 of different trial issues. 7 But there's no question in my mind 8 that the people of this state will be far 9 better off and that specifically the 10 municipalities of this state will be far 11 better off when this bill is passed and passed 12 through both houses and is signed by the 13 Governor. 14 Congratulations, Senator Sampson. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator Volker. 17 Senator Schneiderman. 18 SENATOR SCHNEIDERMAN: Thank you, 19 Madam President. 20 I also rise to support this bill. 21 And I have had the benefit of listening to 22 Senator Volker and Senator DeFrancisco talk 23 about it for a number of years, about this 24 issue.

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(518) 371-8910 1 And I just want to emphasize to all 2 of my colleagues, this bill cleans up an area 3 of law that can charitably be described right 4 now as a mess as a result of several judicial 5 decisions. 6 Right now a public defendant like 7 the City of New York, or a county government, 8 is treated differently under the law than a 9 private defendant when it comes to whether 10 insurance companies can seek to recover after 11 there's a settlement of a tort claim. 12 The law now discourages settlements 13 of cases because, remarkably, it provides that 14 even though defendants aren't supposed to -- 15 you know, they will not pay for the medical 16 costs that were reimbursed by insurance, that 17 they're not allowed to settle a case if 18 there's a slip-and-fall plaintiff because the 19 insurers can intervene and demand a share of 20 the settlement. 21 So the law is confusing, the law 22 discourages settlements, and the law costs our 23 local governments many millions of dollars a 24 year. The New York State Association of

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(518) 371-8910 1 Counties supports this bill, the City of 2 New York supports it and says it's one of 3 their top priorities. This will make the law 4 more just. 5 And it's not -- really, if you 6 think about it, it just doesn't make sense to 7 say if I pay my premiums, I have health 8 insurance, the job of the insurer is to cover 9 me if I'm hurt. And if I happen to be hurt 10 just on my own, they pay it. And if I'm hurt 11 in a tort claim and then sue someone and get a 12 recovery -- which recovery does not, under the 13 law, include my medical expenses that were 14 paid for by the insurer -- why should they be 15 allowed to come back and separately sue the 16 defendant? 17 This costs the city and our 18 counties and local governments a lot of money. 19 It's unfair. Having private defendants 20 treated differently than public defendants is 21 unfair. Having a rule that discourages 22 settlements like this is unfair. 23 This is a great solution to the 24 problems in a comprehensive reform of these

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(518) 371-8910 1 confusing areas of law. It's great. And I 2 want to urge everyone also that this is a bill 3 that we've been dealing with separately. 4 Senator Sampson has put it together in a bill 5 that has other provisions that will save local 6 governments money. It's, I think, something 7 that everyone in this house should be able to 8 support. 9 Obviously we hear a lot from local 10 governments about unfunded mandates from 11 Albany and how we need to do more to help 12 them. This bill helps them. Let's do this 13 tonight. 14 Thank you, Senator Sampson. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator Schneiderman. 17 Are there any other Senators 18 wishing to be heard on the bill? 19 Senator Hannon, why do you rise? 20 SENATOR HANNON: I'd like to 21 speak again, if I'm permitted. Briefly. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Hannon, on the bill. 24 SENATOR HANNON: I have no idea

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(518) 371-8910 1 how many of these local governments supported 2 the mandate relief provision of the bill and 3 how many support this provision of the bill. 4 I wonder. I haven't tracked it, but the bill 5 did start as a mandate relief bill, and this 6 was added on as the tail-end article. 7 And the second thing is for all of 8 the arguments that I've heard from trial 9 lawyers about it's difficult to settle, it's 10 not difficult to settle, I have two points. 11 (A), it is difficult to settle. 12 The Court of Appeals said we ought to address 13 that. Specifically, they said the Legislature 14 did not address the procedures and the means 15 of recovery. Consequently, the Legislature 16 may wish to reexamine the concept of 17 permissible intervention under CPLR 1013. 18 You know what? You know what's not 19 done in this bill? We didn't address that. 20 And I think that's a major gap. So we'll 21 continue to have problems, right here. Fasso, 22 February 2009, Court of Appeals, New York 23 State. So it's there. 24 And the worst part of it is what

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(518) 371-8910 1 we've done by having the cutoff of subrogation 2 is we have two different types of insurance 3 that goes out in New York State. One is 4 subject to state regulation; the other is 5 preempted by ERISA. All we can affect is 6 what's done by state regulation. 7 By adding this provision in, we're 8 going to have two different types of 9 negotiations. It's going to take longer for 10 plaintiffs and defendants to figure out under 11 which category the coverage is and what are 12 the permissible rules. We have not solved 13 problems here. We've made it more 14 complicated, we've made it more costly. We'll 15 be back to this area shortly. 16 Thank you. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Thank you, Senator. 19 Are there any other Senators 20 wishing to be heard on the bill? 21 Hearing none, the debate is closed. 22 The Secretary will please ring the 23 bells. 24 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Schneiderman, to explain his vote. 8 SENATOR SCHNEIDERMAN: Thank you, 9 Madam President. 10 If it wasn't so late, I would enjoy 11 having a lengthy colloquy with my friend 12 Senator Hannon. 13 But I just do want to point out 14 that the City of New York and NYSAC do support 15 this provision of the bill explicitly, because 16 this provision was taken from a separate bill 17 I carried all year which that bill in itself 18 was endorsed by the local governments. 19 And second, we do deal with the 20 footnote in Fasso that was cited by Senator 21 Hannon, page 20 of the bill, Section 8, line 22 25 on. 23 So thank you, Madam President. I 24 appreciate these colloquies. I look forward

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(518) 371-8910 1 to doing them in the daylight. But this is a 2 good bill, it does address the relevant 3 issues. And this provision and the rest of 4 the bill is all supported, separately and 5 together, by our local governments. 6 Thank you. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Schneiderman to be recorded in the 9 affirmative. 10 Senator Winner, to explain his 11 vote. 12 SENATOR WINNER: Thank you, Madam 13 President. I rise to support this 14 legislation. 15 Clearly there are other provisions 16 of this bill that are also extraordinarily 17 important to local government, and those are 18 the bonding provisions that are provided in 19 here to allow local governments to be able to 20 afford bonding terms that are going to be much 21 more favorable to them to provide for economic 22 development projects and the like. 23 That additionally, in conjunction 24 with the collateral source provisions that

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(518) 371-8910 1 have been called for by municipalities over 2 and over and over for years after years, I 3 think compel us to be in support of this 4 legislation. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Excuse me, Senator. 7 (Gaveling for order.) 8 SENATOR WINNER: Thank you, Madam 9 President. 10 For those reasons, obviously I do 11 disagree with my colleague Senator Hannon with 12 regard to the impact of the subrogation 13 provisions. I think that there's a big 14 differentiation between the settlement 15 provisions and where subrogation should come 16 into place, and the issue of collateral source 17 set-offs after trial. I think those are two 18 very important distinctions that have not been 19 raised during the debate here. 20 Collateral source is still 21 available for those private health insurance 22 companies who would otherwise be paying 23 benefits that would have been to be separately 24 stated in a verdict sheet after trial. These

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(518) 371-8910 1 are only provisions with regard to actions 2 that are subject to settlements, and in almost 3 every one of those instances there's always an 4 opportunity and effort to try to isolate the 5 dollars that are set aside for whether they be 6 collateral source or whether they be for pain 7 and suffering and the like, and therefore are 8 always in dispute. 9 And that as a result, those private 10 health insurance companies who are not subject 11 to a statutory right of lien on those 12 settlement proceeds are always in an ability 13 to come in and interfere with that settlement, 14 delay the provisions in the settlement of that 15 case, and therefore cost the parties even more 16 money. 17 Therefore, Madam President, I am 18 supporting this legislation very 19 enthusiastically. Thank you very much. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Winner will be recorded in the 22 affirmative. 23 Announce the results. 24 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 881 are 2 Senators Alesi, Hannon, Larkin, LaValle, 3 Marcellino, Seward, and Skelos. Also Senator 4 Farley. 5 Ayes, 49. Nays, 8. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 882, by Senator Thompson, Senate Print -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is laid aside for the day. 16 The Secretary will continue to 17 read. 18 THE SECRETARY: Calendar Number 19 883, by Member of the Assembly Weprin, 20 Assembly Print Number 3250 -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The bill is laid aside for the day.

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(518) 371-8910 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Calendar Number 4 885, substituted earlier today by Member of 5 the Assembly Schroeder, Assembly Print Number 6 2239, an act to amend the Real Property Tax 7 Law. 8 SENATOR LIBOUS: Read the last 9 section. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT STEWART-COUSINS: 18 Announce the results. 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The bill is passed. 22 Senator Klein, that concludes the 23 reading of the controversial calendar. 24 SENATOR KLEIN: Madam President,

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(518) 371-8910 1 at this time can we stand at ease. 2 And if you can please recognize 3 Senator Libous. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Libous. 6 SENATOR LIBOUS: Thank you, Madam 7 President. 8 There will be a brief Republican 9 conference immediately. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The Senate stands at ease. 12 And there will be a brief 13 Republican conference immediately. 14 (Whereupon, the Senate stood at 15 ease at 10:35 p.m.) 16 (Whereupon, the Senate reconvened 17 at 11:42 p.m.) 18 ACTING PRESIDENT VALESKY: The 19 Senate is in order. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 move that we take up the Senate Resolution 23 Calendar in its entirety. 24 ACTING PRESIDENT VALESKY: All

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(518) 371-8910 1 those in favor of adopting the Senate 2 Resolution Calendar in its entirety signify by 3 saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT VALESKY: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT VALESKY: The 9 Resolution Calendar is adopted. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, at 12 this time can we take up Senate Supplemental 13 Calendar Number 61A. 14 Excuse me, Mr. President. Can you 15 just recognize Senator Larkin on one of the 16 resolutions. 17 ACTING PRESIDENT VALESKY: 18 Senator Larkin. 19 SENATOR LARKIN: On Resolution 20 2733. 21 ACTING PRESIDENT VALESKY: 22 Senator Larkin, on the resolution. 23 SENATOR LARKIN: Mr. President, 24 thank you. Thank you.

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(518) 371-8910 1 This is very important. You know, 2 it's still the 16th day of July. Forty years 3 ago today, we launched on a mission that late 4 President John F. Kennedy said "In this 5 decade, we will land a man on the moon." And 6 on the 16th they took off, and on the 20th 7 they landed. 8 You know, this is very, very 9 important. A lot of people here, around the 10 world, are putting their stuff together this 11 weekend out at San Francisco, out at Stanford, 12 West Point. 13 There were three gentlemen, there 14 was a gentleman by the name of Armstrong, a 15 graduate of the University of Purdue; Buzz 16 Aldrin, Class of 1950, West Point; Michael 17 Collins, Class of West Point, 1952. Armstrong 18 and Aldrin were combat pilots before they 19 became part of NASA. As a matter of fact, 20 Armstrong flew 78 combat missions over Korea. 21 And Aldrin, a jet pilot also in Korea, flew 66 22 combat missions and was shot down twice. 23 Michael Collins was in the Cold War and later 24 on became part of Iraq I.

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(518) 371-8910 1 Now, these people have put together 2 something that we all as Americans can be very 3 proud of. And I think it's something that we 4 shouldn't pass lightly when you can start to 5 think. I see my colleague Senator Breslin 6 looking up there; he said, "You know, if my 7 brother just kept going, he might have been 8 part of that." 9 Ladies and gentlemen, we as 10 Americans ought to be very proud of these 11 three Americans. They took a ride and, as 12 Armstrong said, one step for mankind, one 13 giant step. 14 So, ladies and gentlemen, we should 15 all thank God we have such dedicated Americans 16 who back forty years ago, when going up in the 17 air was not as easy as it is today -- and we 18 ought to be thankful and look what they've 19 done for us. 20 Thank you very much, Mr. President. 21 ACTING PRESIDENT VALESKY: Thank 22 you, Senator Larkin. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, at

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(518) 371-8910 1 this time can we take up Senate Supplemental 2 Calendar Number 61A. 3 ACTING PRESIDENT VALESKY: The 4 Secretary will read Senate Supplemental 5 Calendar 61A. 6 THE SECRETARY: Calendar Number 7 896, by Member of the Assembly Weisenberg, 8 Assembly Print Number 8905, an act to 9 authorize. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section -- 13 SENATOR DUANE: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: In relation to 17 Calendar Number 897, Senator Savino moves to 18 discharge, from the Committee on Finance, 19 Assembly Bill Number 4905A and substitute it 20 for the identical Senate Bill Number 2343A, 21 Third Reading Calendar 897. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 897, by Member of the Assembly Markey, 2 Assembly Print Number 4905A, an act to amend 3 the General Municipal Law and the Retirement 4 and Social Security Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect July 1. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 898, Senator Montgomery moves 17 to discharge, from the Committee on Codes, 18 Assembly Bill Number 7846B and substitute it 19 for the identical Senate Bill Number 4865B, 20 Third Reading Calendar 898. 21 ACTING PRESIDENT VALESKY: 22 Substitution ordered. 23 THE SECRETARY: Calendar Number 24 898, by Member of the Assembly Millman,

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(518) 371-8910 1 Assembly Print Number 7846B, an act to amend 2 the Family Court Act and the Social Services 3 Law. 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, 56. Nays, 12 1. Senator Ranzenhofer recorded in the 13 negative. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 899, Senator Perkins moves to 18 discharge, from the Committee on Rules -- 19 SENATOR KLEIN: Lay the bill 20 aside for the day. 21 ACTING PRESIDENT VALESKY: The 22 Secretary will complete the substitution. 23 THE SECRETARY: Senator Perkins 24 moves to discharge, from the Committee on

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(518) 371-8910 1 Rules, Assembly Bill Number 8642 and 2 substitute it for the identical Senate Bill 3 Number 1145A, Third Reading Calendar 899. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered, and the bill is laid 6 aside for the day. 7 THE SECRETARY: In relation to 8 Calendar Number 900, Senator Addabbo moves to 9 discharge, from the Committee on Finance, 10 Assembly Bill Number 584A and substitute it 11 for the identical Senate Bill Number 1058A, 12 Third Reading Calendar 900. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 900, by Member of the Assembly Cahill, 17 Assembly Print Number 584A, an act to amend 18 the Election Law. 19 ACTING PRESIDENT VALESKY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 15th of December. 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, 57. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 901, Senator Dilan moves to 7 discharge, from the Committee on -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day. 10 ACTING PRESIDENT VALESKY: The 11 Secretary will complete the substitution. 12 THE SECRETARY: -- from the 13 Committee on Codes, Assembly Bill Number 225A 14 and substitute it for the identical Senate 15 Bill Number 1169B, Third Reading Calendar 901. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered, and the bill is laid 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 902, by Senator Duane, Senate Print -- 21 ACTING PRESIDENT VALESKY: 22 Senator Saland. 23 SENATOR SALAND: Mr. President, 24 can you please tell me what bill we're on and

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(518) 371-8910 1 whether roll has been called? 2 ACTING PRESIDENT VALESKY: 3 Calendar Number 901 was laid aside for the 4 day. We're waiting to proceed with 902. 5 SENATOR SALAND: Has the bill 6 been called? 7 ACTING PRESIDENT VALESKY: It has 8 not. 9 SENATOR SALAND: Thank you, sir. 10 ACTING PRESIDENT VALESKY: 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, 13 can we stand at ease. 14 ACTING PRESIDENT VALESKY: The 15 Senate will stand at ease. 16 (Whereupon, the Senate stood at 17 ease at 11:50 p.m.) 18 (Whereupon, the Senate reconvened 19 at 11:59 p.m.) 20 ACTING PRESIDENT VALESKY: The 21 Senate returns to session. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 can we continue with the reading of Senate

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(518) 371-8910 1 Supplemental Calendar Number 61A. 2 ACTING PRESIDENT VALESKY: The 3 Secretary will continue reading Senate 4 Supplemental Calendar 61A. 5 The Secretary will place Calendar 6 902 before the house. 7 THE SECRETARY: Calendar Number 8 902, by Senator Duane, Senate Print 1347, an 9 act to amend the Personal Property Law. 10 SENATOR LIBOUS: Lay it aside. 11 ACTING PRESIDENT VALESKY: 12 Senator Libous, did you say lay it aside? 13 SENATOR LIBOUS: I did. 14 ACTING PRESIDENT VALESKY: Lay 15 the bill aside. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, 18 the clock, I think, just almost struck 19 midnight. I would like the record to reflect 20 that after consultation with Senator Libous, 21 and with unanimous consent, we will continue 22 this legislative session past midnight. 23 SENATOR LIBOUS: Without 24 objection.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: By 2 unanimous consent, the Senate will continue 3 its work past the midnight hour. 4 The Secretary will continue to 5 read. 6 THE SECRETARY: In relation to 7 Calendar Number 903, Senator Perkins moves to 8 discharge, from the Committee on Finance, 9 Assembly Bill Number 2209C and substitute it 10 for the identical Senate Bill Number 1537C, 11 Third Reading Calendar 903. 12 SENATOR LIBOUS: Read the last 13 section. 14 ACTING PRESIDENT VALESKY: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 903, by Member of the Assembly Brodsky, 18 Assembly Print Number 2209C, an act to amend 19 the Public Authorities Law and the Executive 20 Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 26. This 24 act shall take effect on the 60th day.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 903 are 6 Senators Bonacic, DeFrancisco, Golden, Hannon, 7 Larkin, LaValle, Leibell, Little, Marcellino, 8 Maziarz, Padavan, Ranzenhofer, Saland, Skelos, 9 Volker and Young. Also Senator Fuschillo. 10 Also Senator Libous. 11 Ayes, 39. Nays, 18. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 904, Senator Thompson moves to 16 discharge, from the Committee on Finance, 17 Assembly Bill Number 4097 and substitute it 18 for the identical Senate Bill Number 1590, 19 Third Reading Calendar 904. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 904, by Member of the Assembly Millman, 24 Assembly Print Number 4097, an act to amend

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(518) 371-8910 1 the Economic Development 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, 57. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 905, Senator Valesky moves to 14 discharge, from the Committee on Finance, 15 Assembly Bill Number 1122 and substitute it 16 for the identical Senate Bill Number 1599, 17 Third Reading Calendar 905. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 905, by Member of the Assembly Destito, 22 Assembly Print Number 1122, an act to amend 23 the Public Service Law. 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, 57. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 906, Senator Valesky moves to 12 discharge, from the Committee on Finance, 13 Assembly Bill Number 250 and substitute it for 14 the identical Senate Bill Number 1608, Third 15 Reading Calendar 906. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 906, by Member of the Assembly Magnarelli, 20 Assembly Print Number 250, an act to amend the 21 Executive Law and the Education Law. 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, 57. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 907, Senator Stavisky moves to 10 discharge, from the Committee on Veterans, 11 Homeland Security and Military Affairs, 12 Assembly Bill Number 1247A and substitute it 13 for the identical Senate Bill Number 1743A, 14 Third Reading Calendar 907. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 907, by Member of the Assembly Lancman, 19 Assembly Print Number 1247A, an act in 20 relation to enacting. 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, 57. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 908, Senator Duane moves to 9 discharge, from the Committee on Finance, 10 Assembly Bill Number 6741B and substitute it 11 for the identical Senate Print Number 3180B, 12 Third Reading Calendar 908. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 908, by Member of the Assembly -- 17 SENATOR LIBOUS: Lay it aside. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside. 20 THE SECRETARY: In relation to 21 Calendar Number 909, Senator Onorato moves to 22 discharge, from the Committee on Finance, 23 Assembly Bill Number 6963 and substitute it 24 for the identical Senate Bill Number 3358B,

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(518) 371-8910 1 Third Reading Calendar 909. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 909, by Member of the Assembly Zebrowski, 6 Assembly Print Number 6963, an act to amend 7 the Labor Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall -- 12 SENATOR DUANE: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: In relation to 16 Calendar Number 910, Senator Dilan moves to 17 discharge, from the Committee on Finance, 18 Assembly Bill Number 7056B and substitute it 19 for the identical Senate Bill Number 3531B, 20 Third Reading Calendar 910. 21 ACTING PRESIDENT VALESKY: 22 Substitution ordered. 23 Senator Padavan, why do you rise? 24 SENATOR PADAVAN: Will Senator

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(518) 371-8910 1 Dilan answer a question, please? 2 ACTING PRESIDENT VALESKY: We 3 need to put the bill before the house. 4 THE SECRETARY: Calendar Number 5 910, by Member of the Assembly Benedetto, 6 Assembly Print Number 7056B, an act to amend 7 the Public Authorities Law. 8 SENATOR KLEIN: Lay the bill 9 aside for the day. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside for the day. 12 THE SECRETARY: In relation to 13 Calendar Number 911, Senator Stavisky moves to 14 discharge, from the Committee on Finance, 15 Assembly Bill Number 6391 and substitute it 16 for the identical Senate Bill Number 3603, 17 Third Reading Calendar 911. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 SENATOR LIBOUS: Lay it aside. 21 SENATOR KLEIN: Lay the bill 22 aside for the day. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside for the day.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 912, Senator Dilan moves to 3 discharge, from the Committee on Codes, 4 Assembly Bill Number 8612A and substitute it 5 for the identical Senate Bill Number 3623A, 6 Third Reading Calendar 912. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 912, by Member of the Assembly Gantt, Assembly 11 Print Number 8612A, an act to amend the 12 Vehicle and Traffic Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect on the 90th day. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT VALESKY: 21 Senator Flanagan, to explain his vote. 22 SENATOR FLANAGAN: Thank you, 23 Mr. President. 24 I was discussing this bill with

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(518) 371-8910 1 Senator Lanza, and I know in some respects 2 people say you're crazy to vote against a bill 3 like this. But at some point, looking at kids 4 and determining their age, I'm not sure we're 5 going in the right direction here. 6 The child restraint system, I 7 understand; wearing a seat belt, I understand. 8 But now I'm not quite sure if this means a 9 child who's 8 years old has to be in some type 10 of car seat or some limited car seat. I don't 11 know that that's properly defined. 12 It just seems to me that we're 13 going perhaps a bit too far. All for safety, 14 but at some point kids can sit like regular 15 people in a car. I'm voting no. 16 ACTING PRESIDENT VALESKY: 17 Senator Flanagan to be recorded in the 18 negative. 19 Announce the results. 20 THE SECRETARY: Ayes, 55. Nays, 21 2. Senators Flanagan and Little recorded in 22 the negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 913, Senator Adams moves to 3 discharge, from the Committee on Finance, 4 Assembly Bill Number 8555A and substitute it 5 for the identical Senate Bill Number 3285A, 6 Third Reading Calendar 913. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 913, by Member of the Assembly Espaillat, 11 Assembly Print Number 8555A, an act to amend 12 the Executive Law and the State Finance Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section -- 16 SENATOR DUANE: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 THE SECRETARY: In relation to 20 Calendar Number 914, Senator Duane moves to 21 discharge, from the Committee on Finance, 22 Assembly Bill Number 903 and substitute it for 23 the identical Senate Bill Number 3842, Third 24 Reading Calendar 914.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Substitution ordered. 3 THE SECRETARY: Calendar Number 4 914, by Member of the Assembly Gottfried, 5 Assembly Print Number 903, an act to amend the 6 Public Health Law. 7 SENATOR LIBOUS: Read the last 8 section. 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 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 915, by Senator Dilan, Senate Print 3992A, an 21 act to amend the Insurance Law. 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 -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside for the day. 6 THE SECRETARY: In relation to 7 Calendar Number 916, Senator Valesky moves to 8 discharge, from the Committee on Finance, 9 Assembly Bill Number 2442C and substitute it 10 for the identical Senate Bill Number 4283B, 11 Third Reading Calendar 916. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 916, by Member of the Assembly Destito, 16 Assembly Print Number 2442C, an act to amend 17 the Public Service Law and the Public 18 Authorities Law. 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, 57. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 917, Senator Valesky moves to 7 discharge, from the Committee on Finance, 8 Assembly Bill Number 7742A and substitute it 9 for the identical Senate Bill Number 4330A, 10 Third Reading Calendar 917. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 917, by Member of the Assembly Destito, 15 Assembly Print Number 7742A, an act to amend 16 the Agriculture and Markets Law. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect -- 21 SENATOR DUANE: Lay it aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 918, Senator Aubertine moves 2 to discharge, from the Committee on 3 Corporations, Authorities and Commissions. 4 Assembly Bill Number 4218 and substitute it 5 for the identical Senate Bill Number 4364A, 6 Third Reading Calendar 918. 7 ACTING PRESIDENT VALESKY: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 918, by Member of the Assembly Brodsky. 11 Assembly Print Number 4218, an act to amend 12 the Not-For-Profit Corporation Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 60th day. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 919, Senator Savino moves to

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(518) 371-8910 1 discharge, from the Committee on Codes, 2 Assembly Bill Number 8043 and substitute it 3 for the identical Senate Bill Number 4796, 4 Third Reading Calendar 919. 5 ACTING PRESIDENT VALESKY: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 919, by Member of the Assembly Cusick, 9 Assembly Print Number 8043, an act to amend 10 the Civil Practice Law and Rules. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 SENATOR DUANE: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: In relation to 17 Calendar Number 920, Senator Huntley moves to 18 discharge, from the Committee on Codes, 19 Assembly Bill Number 6349 and substitute it 20 for the identical Senate Bill Number 5208, 21 Third Reading Calendar 920. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 920, by Member of the Assembly Gordon, 2 Assembly Print Number 6349, an act to amend 3 the Penal Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 921, by Senator Stachowski, Senate Print 17 5575A, an act creating an Economic Development 18 Benefit Task Force. 19 ACTING PRESIDENT VALESKY: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 30th day. 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, 57. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 922, Senator Squadron moves to 7 discharge, from the Committee on Commerce, 8 Economic Development and Small Business, 9 Assembly Bill Number 8518 and substitute it 10 for the identical Senate Bill Number 5578, 11 Third Reading Calendar 922. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 922, by Member of the Assembly Schimminger, 16 Assembly Print Number 8518, an act to amend 17 the Alcoholic Beverage Control 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: Those recorded in 2 the negative on Calendar Number 922 are 3 Senators Bonacic, DeFrancisco, Farley, 4 Flanagan, Fuschillo, Griffo, Huntley, Lanza, 5 Larkin, Libous, Little, Ranzenhofer, Robach, 6 Saland and Winner. Also Senator Monserrate. 7 Also Senator Young. 8 Ayes, 40. Nays, 17. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 923, Senator Aubertine moves 13 to discharge, from the Committee on Finance, 14 Assembly Bill Number 8405C, and substitute it 15 for the identical Senate Bill Number 5603C, 16 Third Reading Calendar 923. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 923, by Member of the Assembly Brodsky, 21 Assembly Print Number 8405C, an act to create 22 a Temporary New York State War of 1812 200th 23 Anniversary Commemoration Commission. 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 SENATOR DUANE: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: In relation to 8 Calendar Number 924, Senator Savino moves to 9 discharge, from the Committee on Finance, 10 Assembly Bill Number 8228 and substitute it 11 for the identical Senate Bill Number 5632, 12 Third Reading Calendar 924. 13 ACTING PRESIDENT VALESKY: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 924, by Member of the Assembly Abbate, 17 Assembly Print Number 8228, an act to amend 18 the Retirement and Social Security Law. 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, 57. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 925, Senator Aubertine moves 7 to discharge from the Committee on 8 Corporations, Authorities and Commissions, 9 Assembly Bill Number 8643 and substitute it 10 for the identical Senate Bill Number 5732, 11 Third Reading Calendar 925. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 925, by Member of the Assembly Cahill, 16 Assembly Print Number 8643, an act to amend 17 the New York State Urban Development 18 Corporation Act. 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, 57. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 926, by Senator Sampson, Senate Print 5764, an 7 act to amend the Social Services Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 SENATOR DUANE: Lay it aside. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside. 13 THE SECRETARY: In relation to 14 Calendar Number 927, Senator Thompson moves to 15 discharge, from the Committee on 16 Investigations and Government Operations, 17 Assembly Bill Number 7246B and substitute it 18 for the identical Senate Bill Number 5779, 19 Third Reading Calendar 927. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 927, by Member of the Assembly Lupardo, 24 Assembly Print Number 7246B, an act to amend

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(518) 371-8910 1 the Public Buildings 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 ACTING PRESIDENT VALESKY: 10 Senator Little, to explain her vote. 11 SENATOR LITTLE: Thank you, 12 Mr. President. Just briefly. 13 While it's definitely a good idea 14 for green construction and energy efficiency, 15 I just think that at this time, with the 16 state's finances the way they are, this is an 17 imposition on OGS to do this and it would be a 18 little bit too expensive at this time. 19 Therefore, I will vote in the 20 negative. 21 ACTING PRESIDENT VALESKY: 22 Senator Little to be recorded in the negative. 23 Results. 24 THE SECRETARY: Ayes, 55. Nays,

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(518) 371-8910 1 2. Senators DeFrancisco and Little recorded 2 in the negative. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 928, Senator Espada moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 8842 and substitute it 9 for the identical Senate Bill Number 5892, 10 Third Reading Calendar 928. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 928, by Member of the Assembly Crespo, 15 Assembly Print Number 8842, an act to amend 16 the Private Housing Finance 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, 57.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 929, Senator Parker moves to 5 discharge, from the Committee on Rules, 6 Assembly Print Number 1004 and substitute it 7 for the identical Senate Bill Number 5929, 8 Third Reading Calendar 929. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 929, by Member of the Assembly Dinowitz, 13 Assembly Print Number 1004, an act to amend 14 the Insurance Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 SENATOR DUANE: Lay it aside. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 930, by Senator C. Kruger, Senate Print 5956, 22 an act to amend the Real Property Tax Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect -- 3 SENATOR LIBOUS: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 SENATOR SMITH: Lay it aside for 7 the day. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 931, by Senator Klein, Senate Print 5980, an 12 act to amend the Insurance Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect on the 30th day. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 932, by Senator Klein, Senate Print 5981, an

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(518) 371-8910 1 act to amend the Education Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 4. This 5 act shall take -- 6 SENATOR DUANE: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: In relation to 10 Calendar Number 933, Senator Savino moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 6493D and substitute it 13 for the identical Senate Bill Number 5982, 14 Third Reading Calendar 933. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 933, by -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: In relation to 23 Calendar Number 934, Senator Klein moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 3367A and substitute it 2 for the identical Senate Bill Number 5990, 3 Third Reading Calendar 934. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 934, by Member of the Assembly Englebright, 8 Assembly Print Number 3367A, an act to amend 9 the Election 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, 57. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 SENATOR LIBOUS: Excuse me, 21 Mr. President. 22 ACTING PRESIDENT VALESKY: 23 Senator Libous. 24 SENATOR LIBOUS: Calendar Number

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(518) 371-8910 1 933 was laid aside inadvertently. And if we 2 could bring that back up and take it on. 3 ACTING PRESIDENT VALESKY: 4 Senator Libous withdraws his lay-aside on 5 Calendar Number 933. The Secretary will place 6 933 before the house. 7 THE SECRETARY: Calendar Number 8 933, substituted earlier by Member of the 9 Assembly John, Assembly Print Number 6493D, an 10 act to amend the Labor Law and the General 11 Business Law. 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: Those recorded in 20 the negative on Calendar Number 933 are 21 Senators Alesi, Bonacic, DeFrancisco, Farley, 22 Flanagan, Hannon, Larkin, LaValle, Leibell, 23 Libous, McDonald, Nozzolio, Ranzenhofer, 24 Robach, Saland, Seward, Volker, Winner and

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(518) 371-8910 1 Young. Also Senator Little. 2 Ayes, 37. Nays, 20. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 935, Senator Klein moves to 7 discharge, from the Committee on Rules, 8 Assembly Print Number 8018A and substitute it 9 for the identical Senate Bill Number 5998, 10 Third Reading Calendar 935. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 935, by Member of the Assembly Morelle, 15 Assembly Print Number 8018A, an act to amend 16 the 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, 57.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 936, Senator Breslin moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 9033 and substitute it 7 for the identical Senate Bill Number 6024, 8 Third Reading Calendar 936. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 936, by Member of the Assembly Gottfried, 13 Assembly Print Number 9033, an act to amend 14 the Social Services Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 937, by Senator Foley, Senate Print 6041, an 24 act to amend the Real Property Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 3. 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, 57. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 938, Senator Aubertine moves 13 to discharge, from the Committee on Rules, 14 Assembly Bill Number 9019 and substitute it 15 for the identical Senate Bill Number 6046, 16 Third Reading Calendar 938. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 938, by Member of the Assembly Cahill, 21 Assembly Print Number 9019, an act to amend 22 the State Finance Law. 23 ACTING PRESIDENT VALESKY: Read 24 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, 57. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 939, Senator Stachowski moves 11 to discharge, from the Committee on Rules, 12 Assembly Print Number 9040 and substitute it 13 for the identical Senate Bill Number 6050, 14 Third Reading Calendar 939. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 939, by Member of the Assembly Cahill -- 19 SENATOR MAZIARZ: Lay it aside. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside. 22 THE SECRETARY: In relation to 23 Calendar Number 940, Senator Valesky moves to 24 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 9023 and substitute it 2 for the identical Senate Bill Number 6056, 3 Third Reading Calendar 940. 4 ACTING PRESIDENT VALESKY: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 940, by Member of the Assembly Hoyt, Assembly 8 Print Number 9023, an act to amend the Tax 9 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, 57. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 941, Senator Robach moves to 22 discharge, from the Committee on Health, 23 Assembly Print Number 6818A and substitute it 24 for the identical Senate Bill Number 939A,

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(518) 371-8910 1 Third Reading Calendar 941. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 941, by Member of the Assembly Morelle, 6 Assembly Print Number 6818A, an act to amend 7 the Public Health Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 SENATOR DUANE: Lay it aside. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside. 13 THE SECRETARY: In relation to 14 Calendar Number 942, Senator Stavisky moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 2713 and substitute it 17 for the identical Senate Bill Number 2295, 18 Third Reading Calendar 942. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 942, by Member of the Assembly Glick, Assembly 23 Print Number 2713, an act to amend the 24 Education Law.

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(518) 371-8910 1 SENATOR KLEIN: Lay the bill 2 aside for the day. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside for the day. 5 THE SECRETARY: In relation to 6 Calendar Number 943, Senator Winner moves to 7 discharge, from the Committee on Education, 8 Assembly Bill Number 7506 and substitute it 9 for the identical Senate Bill Number 4126, 10 Third Reading Calendar 943. 11 ACTING PRESIDENT VALESKY: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 943, by Member of the Assembly Bacalles, 15 Assembly Print Number 7506, an act in relation 16 to capital improvement. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall -- 21 SENATOR DUANE: Lay it aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 944, Senator Stavisky moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 8219 and substitute it 4 for the identical Senate Bill Number 4200, 5 Third Reading Calendar 944. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 944, by Member of the Assembly Glick, Assembly 10 Print Number 8219, an act to amend the 11 Education Law and the State Finance Law. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 SENATOR LaVALLE: Lay it aside. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside. 17 THE SECRETARY: In relation to 18 Calendar Number 945, Senator Hassell-Thompson 19 moves to discharge, from the Committee on 20 Finance, Assembly Bill Number 3843A and 21 substitute it for the identical Senate Bill 22 Number 5036, Third Reading Calendar 945. 23 ACTING PRESIDENT VALESKY: 24 Substitution ordered.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 945, by Member of the Assembly Rosenthal, 3 Assembly Print Number 3843A, an act to amend 4 the Social Services Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall -- 9 SENATOR WINNER: Lay it aside. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 946, by Senator Stachowski, Senate Print 14 5598B, an act to amend the General Municipal 15 Law. 16 ACTING PRESIDENT VALESKY: Read 17 the last section. 18 THE SECRETARY: Section 20. This 19 act shall take effect immediately. 20 SENATOR MAZIARZ: Lay the bill 21 aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 947, by Senator Parker, Senate Print 5615, an 2 act to amend the Public Service Law and the 3 General Business Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section -- 7 SENATOR WINNER: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: In relation to 11 Calendar Number 948, Senator Maziarz moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 8826 and substitute it 14 for the identical Senate Bill Number 5872, 15 Third Reading Calendar 948. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 948, by Member of the Assembly Schimminger, 20 Assembly Print Number 8826, an act to amend 21 the Social Services Law. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 SENATOR DUANE: Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: In relation to 4 Calendar Number 949, Senator O. Johnson moves 5 to discharge, from the Committee on Rules, 6 Assembly Bill Number 8862 and substitute it 7 for the identical Senate Bill Number 6073, 8 Third Reading Calendar 949. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 949, by Member of the Assembly Sweeney, 13 Assembly Print Number 8862, an act to amend 14 the Town Law. 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: Ayes, 57. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 950, by Senator Duane, Senate Print 2664, an 2 act to amend the Social Services Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 MULTIPLE SENATORS: Lay it aside. 6 SENATOR LIBOUS: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 951, by Senator Parker, Senate Print 5576, an 11 act to amend the Education Law and the 12 New York City Charter. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 SENATOR WINNER: Lay it aside. 18 MULTIPLE SENATORS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 952, by Senator Dilan, Senate Print 5861A, an 23 act to amend the Tax Law. 24 ACTING PRESIDENT VALESKY: Read

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(518) 371-8910 1 the last section. 2 MULTIPLE SENATORS: Lay it aside. 3 SENATOR KLEIN: Lay it aside for 4 the day. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside for the day. 7 Senator Smith, that completes the 8 noncontroversial reading of Senate 9 Supplemental Calendar 61A. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, I 12 believe if I can just -- if you call on 13 Senator Maziarz, he would like to withdraw a 14 lay-aside and we could address it. 15 ACTING PRESIDENT VALESKY: 16 Senator Maziarz. 17 SENATOR MAZIARZ: Thank you, 18 Mr. President. Could I withdraw the lay-aside 19 for Calendar 946, Senate Bill 5598B, please. 20 ACTING PRESIDENT VALESKY: The 21 Secretary will place Calendar 946 before the 22 house. 23 THE SECRETARY: Calendar Number 24 946, by Senator Stachowski, Senate Print

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(518) 371-8910 1 5598B, an act to amend the General Municipal 2 Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 20. 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 Maziarz. 12 SENATOR MAZIARZ: Mr. President, 13 to explain my vote. 14 ACTING PRESIDENT VALESKY: 15 Senator Maziarz, to explain his vote. 16 SENATOR MAZIARZ: Mr. President, 17 I intend on voting in favor of this bill. 18 We just a few minutes ago passed 19 Calendar Number 921, which creates a 20 commission to study the benefits -- or the 21 successes and failures of the Empire Zone 22 program. That has to be the fastest report of 23 any commission we've ever appointed, because 24 now we're passing a bill that does the

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(518) 371-8910 1 corrections to the Empire Zone program -- 2 which quite frankly, in the budget which was 3 passed here by one vote, we nearly destroyed 4 the good parts of the Empire Zone program. 5 So, Mr. President, I think this is 6 a good bill, and I'm going to be voting in 7 favor of it. 8 Thank you. 9 ACTING PRESIDENT VALESKY: 10 Senator Maziarz to be recorded in the 11 affirmative. 12 Senator Stachowski, to explain his 13 vote. 14 SENATOR STACHOWSKI: Just to 15 explain my vote, Mr. President. 16 The bill that we are passing now is 17 a technical cleanup bill of the action that 18 was taken in the budget. 19 For those that would be interested 20 in what the 920 bill actually does, it sets up 21 a commission to develop the program that will 22 come after Empire Zones disappears. And so 23 it's a program bill that -- a task force that 24 people in the Empire Zone -- either people

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(518) 371-8910 1 that are in it, people that work with it -- 2 throughout the state have been reaching out to 3 us since we announced we were trying to do 4 this, to try to get membership on that task 5 force so that they can take part in developing 6 the new program. Which is the way we would 7 like that to happen. 8 But this particular technical 9 change that we're doing in this bill addresses 10 the problems that everybody brought to us that 11 were in the budget. The fact is that the 12 look-back now will go back only to January 13 '09, which is very important to the people 14 that are in Empire Zones. 15 It also gives them an opportunity 16 to be considered either -- if there's people 17 that own multiple projects that are in various 18 Empire Zones, they can be either considered 19 individually or all at once. It would be 20 their option. That's another part that people 21 brought to us. 22 The other thing it does is it 23 clears up what shirt-changer is and talks 24 about that you have to change your federal ID

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(518) 371-8910 1 number to be a shirt-changer. 2 So the cleanups in this bill are 3 very important to the people that are 4 participating in the Empire Zone program. We 5 listened to them when they talked to us after 6 the budget was passed. We did the best we 7 could in cleaning up the program that was 8 originally put in by the Governor in the 9 budget. And this is a technical change that 10 even cleans it up better, as presented to us 11 by the people that do business in Empire 12 Zones. 13 So we're glad that this bill is on 14 the floor. We're hoping that the Assembly 15 will see its passage and that Assemblyman 16 Schimminger will be able to carry the day in 17 the Assembly and get this done so we'll have a 18 cleaner program that will carry on until we 19 address the new program. 20 Thank you, Mr. President. 21 ACTING PRESIDENT VALESKY: 22 Senator Stachowski to be recorded in the 23 affirmative. 24 Senator Winner, to explain his

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(518) 371-8910 1 vote. 2 SENATOR WINNER: Thank you, 3 Mr. President. 4 Briefly, I am supporting this bill. 5 It's just a clear example as to the necessity 6 for this bill is the fact that we did this 7 budget in secret and caused all these problems 8 with regard to the Empire Zone program. And 9 this bill is a reflection of the mistakes that 10 were made in that secretive process. 11 It's just unfortunate that those 12 deliberations weren't done in the open so we 13 wouldn't have made that mistake, because now 14 we're dependent upon an Assembly that has been 15 heretofore unwilling to be cooperative with 16 regard to the Empire Zone program. 17 And so while I'm hopeful that they 18 will in fact agree with this measure, I am 19 somewhat skeptical and I am somewhat 20 disappointed that in fact we got to this point 21 whereby in particular our upstate regions are 22 in so much jeopardy with regard to their 23 noncompetitiveness that the Empire Zone 24 changes that are made are going to make

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(518) 371-8910 1 further economic difficulties for us in our 2 upstate region. 3 So while I will support this 4 measure, it's unfortunate that we had to be in 5 this position. Had we done a more diligent 6 job in the budget in the first place, we 7 wouldn't be here. 8 I vote in the affirmative. 9 ACTING PRESIDENT VALESKY: 10 Senator Winner to be recorded in the 11 affirmative. 12 Senator Nozzolio, to explain his 13 vote. 14 SENATOR NOZZOLIO: Thank you, 15 Mr. President. I echo the words of Senator 16 Winner. 17 But this cleanup bill is attempting 18 to address a mess that is huge across New York 19 State, a mess that puts havoc into economic 20 development, a mess that was created by one 21 single vote in the last budget process. 22 This budget never should have had 23 this provision in it. It never should have 24 sent a signal to business that New York is all

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(518) 371-8910 1 over the place, it's unreliable. 2 That this cleanup measure is a 3 half-step in the right direction, but it 4 doesn't undo the damage that has already been 5 done to businesses that are trying to make 6 sound economic decisions to bring jobs and 7 keep jobs in New York State. 8 Mr. President, I support this 9 measure but certainly wish that we did not 10 have to be here. And I think Senator Winner's 11 question about whether the Assembly will in 12 fact finish this cleanup is one that remains 13 open. 14 ACTING PRESIDENT VALESKY: 15 Senator Nozzolio to be recorded in the 16 affirmative. 17 Announce the results. 18 THE SECRETARY: Ayes, 57. Nays, 19 0. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 SENATOR WINNER: Mr. President. 23 ACTING PRESIDENT VALESKY: 24 Senator Winner.

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(518) 371-8910 1 SENATOR WINNER: Yes, I'd like to 2 remove my lay-aside on Calendar Number 951. 3 ACTING PRESIDENT VALESKY: The 4 Secretary will place Calendar Number 951 5 before the house. 6 THE SECRETARY: Calendar Number 7 951, by Senator Parker, Senate Print 5576, an 8 act to amend the Education Law and the 9 New York City Charter. 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 SENATOR KLEIN: Lay the bill 18 aside for the day. 19 ACTING PRESIDENT VALESKY: The 20 roll call is withdrawn, and the bill is laid 21 aside for the day. 22 Senator Klein, that completes the 23 noncontroversial reading of the calendar. 24 SENATOR KLEIN: Mr. President, at

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(518) 371-8910 1 this time can we move to a reading of the 2 controversial calendar, Senate Supplemental 3 Calendar Number 61A. 4 ACTING PRESIDENT VALESKY: The 5 Secretary will proceed with the controversial 6 reading of Supplemental Calendar Number 61A. 7 THE SECRETARY: Calendar Number 8 896, by Member of the Assembly Weisenberg, 9 Assembly Print Number 8905, an act to 10 authorize. 11 SENATOR DUANE: Explanation. 12 (Pause.) 13 SENATOR SKELOS: Mr. President. 14 ACTING PRESIDENT VALESKY: 15 Senator Skelos. 16 SENATOR SKELOS: Are we at ease, 17 or are we having press conferences now? Can I 18 just clarify what's happening right now? 19 ACTING PRESIDENT VALESKY: Sure. 20 Calendar Number 896 is before the house. 21 Senator Duane has asked for an explanation. 22 SENATOR SKELOS: Fine. 23 ACTING PRESIDENT VALESKY: And 24 I'm waiting for -- since there is no Senate

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(518) 371-8910 1 sponsor for this bill, I'm waiting for a 2 Senator to explain the bill. 3 SENATOR SKELOS: This Young 4 Israel of Hewlett is in my district. The bill 5 is sponsored by Assemblyman Weisenberg, and it 6 would allow Young Israel of Hewlett to file an 7 application for a real property tax exemption 8 with the County of Nassau retroactively. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator Skelos. 11 Senator Duane. 12 SENATOR DUANE: Explanation 13 satisfactory. Thank you, Senator. 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, 55. Nays, 22 2. Senators Bonacic and Larkin recorded in 23 the negative. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 902, by Senator Duane, Senate Print 1347, an 4 act to amend the Personal Property Law. 5 SENATOR SKELOS: Explanation, 6 please. 7 ACTING PRESIDENT VALESKY: 8 Senator Duane, an explanation has been 9 requested. 10 SENATOR DUANE: Thank you, 11 Mr. President. 12 This legislation would require that 13 all rent-to-own merchandise be -- that the 14 prices can't be inflated above the local 15 market rate; that all hidden fees must be 16 disclosed in the purchase agreement; that 17 interest and other charges have to comply with 18 the federal Truth in Lending Act, which is the 19 standard for all credit cards; that all fees 20 must be itemized in the purchase agreement; 21 that the purchase agreements must clearly 22 state how many payments are necessary to 23 purchase the merchandise; and that if a renter 24 should cancel the agreement, the rent-to-own

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(518) 371-8910 1 agreement, that the penalty fee cannot be more 2 than 10 percent and that interest rates cannot 3 be more than 25 percent per year. 4 I think many of us have heard -- 5 SENATOR SKELOS: If I could -- 6 ACTING PRESIDENT VALESKY: 7 Senator Skelos. 8 SENATOR SKELOS: -- the 9 explanation is sufficient. Thank you very 10 much. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Duane. 13 Read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 902 are 21 Senators Alesi, Bonacic, DeFrancisco, Farley, 22 Flanagan, Fuschillo, Golden, Griffo, Hannon, 23 Lanza, Larkin, LaValle, Leibell, Libous, 24 Little, Marcellino, Maziarz, McDonald,

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(518) 371-8910 1 Morahan, Nozzolio, Padavan, Ranzenhofer, 2 Robach, Saland, Seward, Skelos, Volker, Winner 3 and Young. 4 Ayes, 28. Nays, 29. 5 ACTING PRESIDENT VALESKY: The 6 bill is defeated. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, 9 with unanimous consent, and after consultation 10 with Senator Libous, I ask that we withdraw 11 the lay-aside on Calendar Number 951 and take 12 it up as part of the noncontroversial 13 calendar. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will place Calendar 951 before the 16 house, noncontroversial. 17 THE SECRETARY: Calendar Number 18 951, by Senator Parker, Senate Print 5576, an 19 act to amend the Education Law and the 20 New York City Charter. 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 SENATOR PARKER: Lay it aside. 5 SENATOR KLEIN: Lay the bill 6 aside. 7 ACTING PRESIDENT VALESKY: The 8 roll call is withdrawn, and the bill is laid 9 aside. 10 The Secretary will continue to call 11 the bills in calendar order. 12 THE SECRETARY: Calendar Number 13 908, substituted earlier today by Member of 14 the Assembly Bradley, Assembly Print Number 15 6741B, an act to amend the Public Health Law 16 and the Insurance Law. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 SENATOR SEWARD: On the bill. 20 ACTING PRESIDENT VALESKY: 21 Senator Seward, on the bill. 22 SENATOR SEWARD: Yeah, briefly on 23 the bill, Mr. President. 24 In an effort to render quality

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(518) 371-8910 1 medical care as well as to control costs, many 2 of the HMOs and our health plans have 3 established managed-care networks of providers 4 who have agreed to provide care for members of 5 that particular health plan or HMO at a 6 reasonable rate of expense. And that helps to 7 keep the costs of health premiums down. 8 But this legislation before us, my 9 fear is would increase costs, would diminish 10 managed-care plans, would gut managed-care 11 plans, diminish their ability to protect plan 12 participants as well as significantly alter 13 these provider networks that have been 14 established. 15 And in light of existing New York 16 regulations, this bill is unnecessary and 17 would not benefit insureds, because current 18 law does permit referrals to nonparticipating 19 laboratories under certain circumstances and 20 they are indeed paid. 21 So, Mr. President, I would 22 encourage a no vote on this legislation. 23 ACTING PRESIDENT VALESKY: Thank 24 you, Senator Seward.

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(518) 371-8910 1 Are there any other Senators who 2 wish to be heard? 3 Senator Duane. 4 SENATOR DUANE: Thank you, 5 Mr. President. 6 You know, I'm confident that people 7 understand that sometimes numbers don't 8 necessarily mean that they're correct or that 9 people that have more numbers in their group 10 at a moment in time, that doesn't necessarily 11 make them correct on an issue. 12 That said, I just want to describe 13 what this piece of legislation does. 14 Unfortunately, current law permits 15 health plans to limit consumers and their 16 providers to certain clinical labs and health 17 plans in a network. That deprives the 18 consumer as well as the prescriber of choosing 19 the best clinical laboratory that serves their 20 needs. In fact, in some cases some labs offer 21 more and/or different or more precise 22 information to the consumer and the healthcare 23 provider. 24 And I don't think that we -- I do

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(518) 371-8910 1 not want on me that I would deprive a 2 healthcare provider and their patient from 3 getting the best possible information. 4 This bill would guarantee that a 5 consumer can access out-of-network clinical 6 labs so that they can get the most precise and 7 the best information from their tests. 8 By the way, the bill also provides 9 that the health insurer will pay the clinical 10 lab directly. And the individual is similarly 11 responsible for paying any extra copay, 12 coinsurance or deductible, so that argument is 13 not -- should not be of a concern. 14 And this bill was amended because 15 there were concerns. And one of the great 16 things about working both in this body and 17 this Senate, as well as reaching out as 18 thoroughly as possible with the industry and 19 with consumer groups, is that sometimes a bill 20 when it's first drawn, drafted, is not 21 perfect. And in this case, I think revisions, 22 after speaking with colleagues and people in 23 the industry and consumers and consumer 24 groups, has made for a better bill and

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(518) 371-8910 1 assuaged some of the concerns that various 2 groups had. 3 So this bill did incorporate those 4 concerns from the industry and the consumer 5 groups. There was a negotiation that happened 6 among all of us. And that's reflected in this 7 bill, in this B print. 8 The legislation passed the Assembly 9 overwhelmingly. Not that that necessarily 10 means that -- it's just another piece of 11 information for people as they make their 12 decision about how to vote on this bill. But 13 I think we have a very good, pro-consumer, 14 pro-best possible information for the patient, 15 allowing best efforts for the healthcare 16 provider to get the best information to the 17 patient bill. And I would encourage my 18 colleagues to vote yes on this bill. 19 Thank you, Mr. President. 20 ACTING PRESIDENT VALESKY: Thank 21 you, Senator Duane. 22 SENATOR LIBOUS: Read the last 23 section. 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 ACTING PRESIDENT VALESKY: 8 Senator Robach, to explain his vote. 9 SENATOR ROBACH: Very quickly. 10 In all due respect to my friend and 11 colleague Tom Duane, having nothing to do with 12 numbers, this bill -- every lab in New York 13 State has to go through certain criteria, a 14 certain quality level. And one of the reasons 15 why HMOs work within those streams is actually 16 to keep the costs down, not raise it, if you 17 take volume. 18 So the logic would be if someone 19 for some reason, even though they all have to 20 meet the same standard, wanted to go to an 21 out-of-service provider, actually increasing 22 the cost to all those people in that 23 healthcare service. 24 So in all due respect, while I

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(518) 371-8910 1 understand your intention, I'm not seeing the 2 merit of the bill. And for that reason and no 3 other, I'm going to cast my vote in the 4 negative. 5 ACTING PRESIDENT VALESKY: 6 Senator Robach to be recorded in the negative. 7 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 908 are 10 Senators Alesi, Bonacic, DeFrancisco, Farley, 11 Flanagan, Fuschillo, Golden, Griffo, Hannon, 12 Lanza, Larkin, LaValle, Leibell, Libous, 13 Little, Marcellino, Maziarz, McDonald, 14 Morahan, Nozzolio, Padavan, Ranzenhofer, 15 Robach, Saland, Seward, Skelos, Volker, Winner 16 and Young. 17 Ayes, 28. Nays, 29. 18 ACTING PRESIDENT VALESKY: The 19 bill is defeated. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, 22 can we call Calendar 951, Print Number 5576 -- 23 Senator Parker's bill -- controversially. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 Secretary will place Calendar Number 951 2 before the house, controversial. 3 THE SECRETARY: Calendar Number 4 951, by Senator Parker, Senate Print 5576, an 5 act to amend the Education Law and the 6 New York City Charter. 7 SENATOR SMITH: Explanation. 8 ACTING PRESIDENT VALESKY: 9 Senator Parker, an explanation has been 10 requested. 11 SENATOR PARKER: Thank you, 12 Mr. President. 13 This bill is the Better Schools 14 Act. And as everyone knows, that we have been 15 in the midst of talking about school 16 governance. We have had in New York City 17 calls for mayoral control. There's also been 18 a hue and cry in our community against mayoral 19 control and a desire to return to the old 20 system. 21 This bill would actually strengthen 22 and put at the focus parental involvement by 23 making sure that parents were more empowered. 24 It overhauls the city Education

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(518) 371-8910 1 Board by expanding it to 17 members. Eight 2 would be appointed by the mayor, one each by 3 the borough presidents, one by the City 4 Council, one by the Governor, one by the 5 Assembly, one by the Senate. It authorizes 6 the chairman of the board to select a 7 chairperson from among its voting members. It 8 actually eliminates -- it eliminates the 9 chancellor as the chair of the board. It 10 establishes two-year terms. 11 It empowers district 12 superintendents to address issues such as 13 school choice and student discipline, language 14 access for parents and students. It addresses 15 education of students with disabilities and 16 also empowers the superintendent to deal with 17 shared decision-making among schools. 18 As it relates to the budget, it 19 also provides a significant amount of 20 transparency and accountability by making sure 21 that there is board approval for procurement 22 contracts that exceed $200,000. Also, the 23 board would have to approve the DOE operating 24 budget for a five-year capital plan.

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(518) 371-8910 1 It establishes that the chancellor 2 be appointed by the mayor and serve as an 3 ex officio member as opposed to the chair of 4 the board. It requires the chancellor to 5 provide the Independent Budget Office with all 6 relevant data. 7 It requires that the CECs hold at 8 least two public hearings per year. It 9 requires community input when selecting 10 superintendents. It requires the city board 11 to approve budget requests prior to sending 12 requests to the mayor. It requires 13 consultation with school leadership teams 14 before principals can propose a school budget. 15 It requires that proposed budgets be aligned 16 with the school's comprehensive educational 17 plan. 18 In addition, the comptroller of the 19 City of New York shall have power to audit the 20 Department of Education -- again, back to this 21 idea of transparency and accountability. 22 It requires that New York City 23 provide 5 percent of funds given to the Office 24 of Management and Budget of the IBO, the

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(518) 371-8910 1 Independent Budget Office, to carry out 2 responsibilities. That is, that it is more 3 than just to say that the IBO needs to have 4 these oversight functions, but we actually 5 provide a funding mechanism within the context 6 of the bill for that work to actually get 7 done. 8 It amends the city charter to 9 create a center for parent and student 10 services, and empowers it within the office of 11 the public advocate. It requires the city to 12 provide an amount actual equal to 10 percent 13 of the Office of Management and Budget to the 14 budget of the public advocate to fund a 15 training center. That number is approximately 16 $3 million a year. 17 It replaces one of the elected 18 community district education council members 19 with a student and grants the student all 20 voting rights, thus empowering students within 21 the context of the legislative outline of the 22 bill. 23 SENATOR SMITH: Explanation 24 sufficient.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Thank 2 you, Senator Parker. 3 Are there any other Senators who 4 wish to be heard on the bill? 5 SENATOR PARKER: I want to talk 6 on the bill. 7 ACTING PRESIDENT VALESKY: 8 Senator Parker, you may continue. 9 SENATOR PARKER: Mr. President, 10 thank you very much. 11 As you know, this is the Better 12 Schools Act, which has come about because in 13 2002 this State Legislature made New York City 14 and made the mayor of New York City the most 15 powerful person in the country as related to 16 public education by creating a mayoral control 17 system. 18 The beginning of that system in 19 2002 created a reign of tyranny over parents 20 and students throughout the five boroughs of 21 New York City, where parents did not have 22 access to the schools, where community leaders 23 and elected officials could not oversee what 24 was happening in classrooms, where schools

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(518) 371-8910 1 were opened and closed, frankly, willy-nilly, 2 without any input from parents, students, 3 community leaders or elected officials. 4 And as somebody who has kind of 5 grown up in public education -- went to 6 P.S. 193 on Avenue L in Bedford, went to 7 Andries Hudde Junior High School, I.S. 240, 8 went to Midwood High School on Avenue L -- I'm 9 sorry, on Bedford Avenue and Glenwood Road -- 10 I know how important public school is not just 11 to my own life and my own pursuits, but what 12 public education has meant to the people of 13 the City of New York. 14 We have over 1.1 million 15 schoolchildren every single day who go to 16 public schools in our city. And it is 17 important that, yes, there is some significant 18 oversight to what they do, but then also that 19 their parents have some input on what happens 20 in the classroom, on the ability to have 21 children go to a school that makes sense for 22 them in their community. 23 It's important that community 24 members feel good about the schools that are

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(518) 371-8910 1 in their community and that they have some 2 sense of ownership to make sure that those 3 young people who are going to those schools 4 and engaging in activities in the community 5 are in fact involved. 6 This Better Schools Act isn't about 7 control, it's about continuing to improve the 8 education quality and quantity in New York 9 City. The Better Schools Act requires 10 transparency, it imposes accountability, it 11 ensures access for parents, for students 12 throughout the New York City school system. 13 And these are not small 14 considerations, especially since we recognize 15 that we are in a financial crisis and we have 16 to extract the greatest possible value of our 17 investment from taxpayer dollars. 18 State Comptroller Tom DiNapoli has 19 reported our revenues in April and May are 20 down from a year ago and that the numbers for 21 June are due out tomorrow -- well, I guess 22 tonight. New York is in an economic crisis, 23 and we all know that, but our investment in 24 education should not be sacrificed.

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(518) 371-8910 1 In the budget we passed in April, 2 the payout for the Campaign for Fiscal Equity 3 lawsuit was reduced and spread over an extra 4 year. Now, this was a critical thing 5 particularly for me. And those of you who 6 have served in this body with me for the last 7 seven years know that I blocked the doors of 8 the State Capitol in 2004 when we were about 9 to go on break without dealing with the 10 Campaign for Fiscal Equity lawsuit. In 2006, 11 I stood in this very chamber and took 10 no 12 votes on the budget exactly because we had 13 failed our responsibility to respond to the 14 Campaign for Fiscal Equity lawsuit. 15 And so for us to be in an economic 16 situation where we now were unable to fulfill 17 our commitment once again to the children of 18 the City of New York and then, by extension -- 19 because CFE in the iterations that we passed 20 in this body, frankly, did not just deal with 21 New York City but in fact dealt with every 22 single low-needs district in the entire state. 23 And so for us not to in fact hold 24 on to our commitment was really disturbing for

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(518) 371-8910 1 me this year. 2 With revenues coming in under 3 forecast, it's likely that some in this 4 chamber will support reducing the state's 5 educational investments even more in the next 6 DRP or definitely in next year's budget. 7 Well, it won't be me. At the time when things 8 are bad, that is exactly the right time to 9 invest in education. 10 You get nothing more in terms of 11 third-party externalities than you do in 12 education. Educating our children gives us 13 better citizens, it gives us better 14 communities, it gives us people who are better 15 for economic development, because a 16 well-skilled workforce is one of the things 17 that corporations look at when they're looking 18 to relocate, it brings in more tax dollars and 19 give us an ability to in fact shore up our 20 future. 21 Expert after expert, whether 22 economists, educators, law enforcement 23 professionals, and even business owners 24 understand that a public investment in

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(518) 371-8910 1 education prepares our children to contribute. 2 They're our next generation of thinkers, 3 workers and leaders. The experts tell us that 4 if we shortchange our children, we will only 5 pay a higher price over the long haul, with 6 more children unprepared to compete. The 7 government will spend more to incarcerate. 8 And that's exactly what we've seen. Their 9 unrealized potential means they earn less over 10 their lifetimes, they will contribute less to 11 state revenues and only increase the burden 12 that remains on taxpayers. 13 So I believe that we have to hold 14 onto our investment in education as a whole, 15 but it does not mean we continue to make large 16 investments without greater returns. 17 And so the mayor and the chancellor 18 want to take all the credit for student 19 performance. They ignore the role of the 20 Legislature's historic multi-billion-dollar 21 investment in New York City's school system 22 and the long overdue financial corrections 23 made through the Campaign for Fiscal Equity. 24 So over the last four years we've

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(518) 371-8910 1 put approximately $20 billion, this State 2 Legislature -- with most of the Republicans 3 saying no to it -- has put about $20 billion 4 into New York City public schools. And that 5 includes about $5.8 billion in capital 6 improvements for schools. 7 If you want to start talking about 8 performance and why performance is better, it 9 is in fact better in large part because of the 10 increased dollars that we put in. If you want 11 to talk about why performance is better, yes, 12 the mayor and the chancellor have done some 13 things that are good and correct. But we have 14 also done our share here. We have put in 15 place a Contract for Excellence that has 16 allowed class sizes to be smaller, that has 17 given accountability to the system. 18 But right now all they want to do 19 is tell us how good they did and tell us about 20 statistics. They want credit for statistics 21 improvements they claim have occurred in the 22 system, and that's all they show us, are these 23 statistics. There is no independent 24 verification for their job performance, and

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(518) 371-8910 1 it's like an employee writing their own 2 performance review or a student allowed to 3 write his own report card. 4 The people in this conference, the 5 Democratic conference of the State Senate, 6 believe that everyone has to tighten their 7 belts and adjust to the new fiscal reality. 8 The days of the Halliburton-style economy and 9 the mayoral style of management are over. 10 This year, this Legislature 11 provided $8.9 billion in school aid and the 12 state has given $54 billion to New York City's 13 school aid since we've allowed mayoral 14 control, $54 billion. That's even big money 15 to Mike Bloomberg. And that massive 16 investment and enormous amount of money, 17 people have to pay attention to that and have 18 some accountability for it. Mike Bloomberg 19 himself would have never made an investment 20 that big without requiring some measure of 21 accountability and independent audit, and 22 neither will we. 23 Now, so some of you have the same 24 experience I have. When I was young, my

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(518) 371-8910 1 father used to send me to the store all the 2 time. And what did he say? "Bring my change 3 and bring my receipt." 4 This Legislature and many of our 5 partners fought decades to get New York City 6 their fair share of educating funding. And 7 two years ago, after electing a Democratic 8 governor we finally honored the Campaign for 9 Fiscal Equity court decree and increased our 10 investment in education. Why? Because we 11 wanted change, and we still want that change 12 to go on today. 13 And we want meaningful improvements 14 that we can measure. We want higher test 15 scores, we want less racial disparity in 16 four-year graduation rates. We want lower 17 dropout rates. We want lower class sizes. 18 And we want better teacher pay. 19 In exchange for that increased 20 investment, we've gotten statistics and press 21 releases, and we all know what Mark Twain says 22 about statistics. 23 If the success story is real, then 24 why do we have parents coming into my office

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(518) 371-8910 1 and your offices asking for help getting their 2 kids into a local school and helping them 3 fight through the bureaucracy when they have a 4 problem? Why do racial disparities in test 5 scores, retention and graduation rates exist? 6 We gave Joel Klein and Mike 7 Bloomberg the money, and they went to the 8 store. We still want our change, and we 9 definitely want our receipt. And we don't 10 want a receipt printed up by the guy we sent 11 to the store. We don't want an accounting 12 firm from the two guys in the room down in 13 New York City who tell us to leave them alone 14 and pay no mind to what they're doing. We 15 want independent confirmation of both quality 16 of their work and the management of the people 17 and the money. 18 You can't tell us that after we 19 gave you almost $9 billion this year, an 20 increase of $625 million from the previous 21 year, that you have imposed a hiring freeze on 22 new teachers but there aren't enough 23 kindergarten seats this year. It doesn't -- 24 it doesn't add up.

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(518) 371-8910 1 Some of you will remember in 2008 2 we gave them -- we spent, in 2008, more money 3 in the State of New York per pupil than any 4 other state in the history of the United 5 States on education. And literally a week 6 after we did that, Mike Bloomberg announced 7 cuts to teachers and was talking about closing 8 schools and cuts to classrooms. It's 9 outrageous. 10 Look, I'm not going to be placated 11 by statistical improvements when the four-year 12 graduation rates amongst blacks and Latinos 13 lags significantly behind others. You can't 14 have a Panel for Educational Policy that votes 15 with you 97 out of 97 times and the one time 16 they disagree with you on policy, you fire 17 members on the panel in the Monday Night 18 Massacre. It's unacceptable. 19 If we're going to have a panel that 20 is supposed to provide a check and a balance 21 to the work of the chancellor, then it needs 22 to be a real board -- point-blank, period. If 23 you hire all the people on the board, if your 24 boy is the chair of the board and you, you

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(518) 371-8910 1 know, can fire them summarily, that is not a 2 board. That is a staff meeting. And if 3 you're going to have a sham board, you might 4 as well have no board at all. 5 We don't have confidence in a 6 system that requires great investment but 7 continues to deliver less than perfect 8 results. If this were one of Mike Bloomberg's 9 business investments, neither would he. 10 The Better Schools Act requires 11 transparency. It empowers the Independent 12 Budget Office to conduct forensic audits of 13 the board's finances and the independent 14 performance of audits in our schools. The 15 Better School Act imposes accountability by 16 reforming the Panel on Educational Policy and 17 ensuring that innovations and reforms are 18 properly considered at the highest level of 19 the educational system. And it makes the 20 chancellor a nonvoting ex officio member of 21 the panel. 22 This Better Schools Act ensures 23 access for parents and students to the system 24 that is designed to service them. And that's

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(518) 371-8910 1 been missing. It seems basic. I know you're 2 sitting there saying, Really? But right now, 3 parents in our district don't have access to 4 the system and don't know how to access the 5 system. 6 Our constituents will have local 7 mechanisms to resolve concerns or problems 8 they may have with their children's education 9 and empower district-level decision-makers to 10 facilitate speedy resolutions to those 11 parents' concerns. Taken together, the Better 12 Schools Act improves school governance. 13 Whoever the mayor is, now and in the future, 14 will still have the authority for running the 15 system that has to provide healthy and safe 16 schools, offer the best curriculum for 17 teaching methods, and improve performance of 18 students in the system. 19 What the Best Schools Act requires 20 is that with the authority we grant to any 21 mayor will also now come the responsibility to 22 account for how they achieve these goals and 23 how they manage the investments in the future 24 of New York City's children.

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(518) 371-8910 1 We need to have accountability. 2 And I'm asking my colleagues in this body to 3 vote for this bill today. I have heard 4 numerous people around this Capitol and 5 numbers of my colleagues say to me: We need 6 to do something around school governance. 7 Well, ladies and gentlemen, here we are. Here 8 is a bill that you can vote for that provides 9 not only the kind of school governance that we 10 need in the City of New York, but it also 11 provides the enhancement of parental 12 involvement that has been missing in the 13 current iteration of school governance. 14 Some of you say, This is 15 antimayoral control, and I'm for mayoral 16 control. I think of this as mayoral control, 17 but I think of it as enhanced mayoral control. 18 It is enhanced with parental involvement, it 19 is enhanced with transparency and 20 accountability, it is enhanced with checks and 21 balances, it is enhanced by more democracy. 22 And how can we in fact not be supportive of a 23 bill that increases democracy amongst the 24 parents and the children in the system that we

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(518) 371-8910 1 think is so important? 2 Now, I know many of my colleagues 3 don't live in New York City, and so for some 4 of you this may be, you know, not that big of 5 a deal. And so if you think it's not that big 6 of a deal, vote for the bill. If you want to 7 see -- you know, and I know all my colleagues 8 in here, as much as I've sat here and heard 9 people, you know, complain about how much 10 money we spend, with us spending $8.9 billion 11 this year on education in New York City, with 12 us spending $54 billion over the last seven 13 years in the system, there is no way that you 14 can not vote for this bill, because this bill 15 provides the kind of transparency and 16 accountability that is needed in our system. 17 This is a chance for us to do the 18 right thing by the children of New York City. 19 And so I'm asking you to join me in voting for 20 this bill. Let's get this bill passed. Let's 21 start some conversations in good faith with 22 the mayor and the governor and the Assembly, 23 and let's put together a law that in fact does 24 what it needs to do for those children and

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(518) 371-8910 1 make sure that parents are feeling comfortable 2 about the system that they're sending their 3 children to everyday. 4 Thank you, Mr. President. 5 SENATOR LIBOUS: Read the last 6 section. 7 ACTING PRESIDENT VALESKY: Thank 8 you, Senator Parker. Are there any other 9 Senators who wish to be heard? 10 Senator Perkins. 11 SENATOR PERKINS: Thank you, 12 Mr. President. I rise to express my support 13 for this bill. 14 And, you know, mayoral control as 15 we have come to know is it really about 16 mayoral dictatorship. It has created a system 17 in which the only voice that you can 18 significantly hear and that has any input 19 whatsoever is the voice of the mayor. There 20 is no serious involvement of parents, and all 21 you hear are parents in our communities 22 complaining about the fact that they are 23 disconnected from the process. 24 When you try to find out about the

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(518) 371-8910 1 statistics that are reported in terms of the 2 success of the system, all you hear are the 3 statistics that are provided by the mayor. 4 And when they're challenged, those challenges 5 go without review or without serious 6 consideration. And they come from highly 7 regarded experts who in the past have informed 8 us in terms of these types of statistics but 9 never are given any consideration under this 10 mayor. 11 Most significant, perhaps, for me 12 is the fact that under this system of mayoral 13 control, it seems as if the most important 14 thrust of this effort has been to create 15 charter schools in our communities, charter 16 schools that only appear in my district above 17 96th Street, where the children of color 18 attend school. Yet below 96th Street, the 19 public schools are available to the children 20 in those communities. 21 The public schools in my community 22 above 96th Street are schools that are failing 23 miserably. Parents are fleeing them as if 24 they're fleeing a four-alarm fire. And the

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(518) 371-8910 1 only options that they're given are charter 2 schools where our children are questionably 3 being given a better education. In fact, you 4 still can't even get the statistics about 5 those schools. 6 And we've notice that this is the 7 case with all of our communities above 8 96th Street, metaphorically speaking. And 9 you'll notice that in all of these 10 communities, parents are fleeing the schools 11 throughout the city. 12 You know, this week we are 13 witnessing the 100th anniversary of the 14 celebration of the NAACP. And amongst its 15 significant contributions is not simply the 16 fact that we now have Barack Obama as our 17 president and Sonia Sotomayor about to become 18 our first Latina United States Supreme Court 19 judge -- but significant in that legacy has 20 been its movement to prevent separate and 21 unequal public education. Thurgood Marshall, 22 as you know, Brown vs. Board of Education. 23 Yet despite that significant 24 historical legacy, you have a mayor in

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(518) 371-8910 1 New York City who brags that charter schools 2 are the public's private schools for children 3 of color. Charter schools are the private 4 schools for children of color, according to 5 Mayor Bloomberg. 6 And it seems to me that all he is 7 doing is restating separate and unequal, 8 resegregating our children in a way that 9 clearly is polarizing in racial terms. And I 10 think from that perspective alone, it gives us 11 reason to want not to see mayoral control as 12 we have witnessed it over these past few 13 years. 14 Mayoral control has been polarizing 15 in terms of communities, has been alienating 16 in terms of parents, has not proven itself to 17 be a success in terms of the outcomes. And in 18 fact, if you really look at what's going on, 19 it has been an opportunity for this mayor to, 20 in a dictatorial way, determine how a huge 21 $21 billion budget is being spent without any 22 oversight in terms of premium practices, 23 et cetera. 24 So this bill I think goes a long

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(518) 371-8910 1 way towards curing these ills that we've 2 witnessed over the last years. And by the 3 way, in case you didn't know it, mayoral 4 control sunsetted, and we did not turn into 5 the Soviet Union-type chaos as was predicted 6 mayor. 7 So I think this is an important 8 step forward in terms of trying to really 9 reform our public school system. I would hope 10 that my colleagues on both sides of the aisle 11 would take a good look at what we've been 12 experiencing in New York City. It has not an 13 system that is unquestionably successful. In 14 fact, quite the opposite. Parents throughout 15 the city are wondering whether or not their 16 children are getting the best education that 17 they can and why can't their children go to a 18 public school and have to go to a charter 19 school. 20 Just recently, in conclusion, you 21 may have read in the Daily News, thanks to 22 Juan Gonzalez, an instance of mayoral control 23 gone amuck, in which one of the schools in my 24 district, P.S. 123, a charter school operator

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(518) 371-8910 1 invaded the school, took over the school 2 without authority -- because they had been 3 given the wink, supposedly, that they were 4 going to be able to move into that school, and 5 at the expense of the people that are already 6 in that school. 7 And so I think that this mayoral 8 control has not proven itself to be successful 9 in terms of educational outcomes, has created 10 a great deal of disruption and confusion, has 11 questionable outcomes in terms of our 12 children, and I believe has a racially 13 polarizing effect in terms of the educational 14 community in general. 15 So for that reason, I encourage my 16 colleagues to support this bill. And 17 appreciate the fact that this bill, in the 18 spirit of the reforms that we just passed, is 19 a good example of why we need to be able to 20 have a debate, to have a discussion, to have a 21 vote up or down on legislation that comes 22 before this body. 23 Thank you so much. 24 ACTING PRESIDENT VALESKY: Thank

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(518) 371-8910 1 you, Senator Perkins. 2 Senator Monserrate. 3 SENATOR MONSERRATE: Thank you 4 very much, Mr. Chair. 5 I also rise in support of this 6 legislation sponsored by Senator Parker. And 7 I echo the sentiments of my colleague Bill 8 Perkins. 9 I also want to give a strong 10 welcome to the deputy mayor, who's looking 11 from the balcony, Dennis Walcott. Thank you 12 for being here. 13 And just for the record, Mr. Mayor, 14 Dennis is working very hard to promote your 15 agenda. 16 When we speak about education in 17 our communities, ladies and gentlemen, we are 18 talking about a historical battleground, a 19 battleground that in many ways was fought by 20 people of color. The very fact that today in 21 our current school system in the City of 22 New York children are taught who Fannie Lou 23 Hamer was, who Harriet Tubman was, what the 24 civil rights struggle was before Martin Luther

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(518) 371-8910 1 King, is that parents and communities demanded 2 empowerment and demanded participation in our 3 education systems. 4 And also, the Latino community, 5 which throughout the 60s and the 70s had to 6 sue the department, the Board of Education to 7 ensure that there was bilingual education for 8 limited English speakers. 9 Ladies and gentlemen, this all 10 occurred because parents were at the forefront 11 of participating in their children's 12 education. In fact -- and this is a fact -- 13 every scientific and clinical study will show 14 you that parental participation is paramount 15 for the success of our children's education. 16 And ladies and gentlemen, what we 17 have seen in the City of New York is the 18 separation of parents from the educational 19 process of their children. And yes, parents 20 are not precluded in participating in a PTA 21 meeting. They are not precluded from visiting 22 a teacher. But there is no formalized 23 structure that empowers parents and 24 communities.

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(518) 371-8910 1 And this is why, ladies and 2 gentlemen, many of the downstate Senators from 3 the City of New York are raising our voices to 4 the mayor of the City of New York. We're not 5 trying to kill your mayoral control. What we 6 want to do is ensure that parents have a real 7 voice in the education of their children. 8 It is easy for many folks to escape 9 and not to recall the fact that it is only in 10 New York City where we need a special plan to 11 give almost entire power to one executive to 12 run the educational system. 13 The second point I wanted to 14 make -- because there are two objections that 15 I have raised with the administration with 16 respect to the current mayoral control 17 scheme -- and that is, one, parental 18 participation; and, two, to have a panel, an 19 educational panel without fixed terms is not 20 to have a real panel at all. 21 In fact, if you have a panel where 22 you can remove those that you have chosen 23 because they have the intellect, the capacity 24 and the experience, and if at midnight you can

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(518) 371-8910 1 move them out because they don't agree with 2 your policy, then that's not a real panel. 3 That's not folks that we have chosen to lead 4 and to participate. 5 In this body we ratify nominations 6 constantly. We put people on the bench. We 7 make them commissioners, we make them parts of 8 boards. But almost always, in their entirety, 9 they are for fixed terms. 10 Look at the Secretary of the 11 Senate, where there was a lot of debate 12 recently about who should be the Secretary of 13 the Senate and what he was doing and what he 14 wasn't. But the fact is even when we were 15 challenging and discussing the leadership of 16 this house, we understood that the Secretary 17 of the Senate had a fixed term and that his 18 constitutional fixed term was to do the good 19 of the State of New York in the Senate. We 20 understood that. 21 So why would the administration and 22 the mayor of the City of New York be so 23 concerned to have so much power that the very 24 same people that he put on this panel he can

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(518) 371-8910 1 remove the day before a vote and then replace 2 them with people with zero educational 3 experience? 4 That, ladies and gentlemen, is an 5 affront. It's an affront to this institution 6 and the political power that we should 7 exercise as responsible legislators and send a 8 message back to the executive of the City of 9 New York: This Senate will not be a rubber 10 stamp. This Senate will demand that you meet 11 with us and you negotiate what's important for 12 our 1.1 million children. 13 So I ask my friends and my 14 colleagues on the other side of the aisle, I 15 ask my friends and my colleagues on this side 16 of the aisle, not allowing this discussion to 17 continually deteriorate in the politics of 18 New York City, but by standing up for our 19 children and our communities, because we have 20 a right to be heard in the education of our 21 children and our future. 22 Thank you very much. 23 ACTING PRESIDENT VALESKY: Thank 24 you, Senator Monserrate.

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(518) 371-8910 1 Senator Adams. 2 SENATOR ADAMS: Thank you, 3 Mr. President. 4 I think about my 22-year career. 5 And Hiram and I, we were both police officers. 6 And ever since I was a rookie, I used to look 7 at things in the police department that I felt 8 was wrong, because I took great pride in being 9 a police officer. And, you know, people used 10 to say we were anti-cops just because we 11 thought it was wrong for cops to do something 12 that was illegal. And we weren't. We just 13 enjoyed and we loved our career. 14 And that's the way I feel about 15 education. You know, this is not about 16 attacking Mayor Bloomberg. It's not about 17 attacking Klein. Dennis Walcott, who's the 18 deputy mayor and I think one of the finest 19 deputy mayors the city has, I've known for 20 over 30 years. It's larger than that. 21 Its' the common denominator for 22 those who are incarcerated is not ethnicity or 23 economics, it's education. 24 This is a very important time in

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(518) 371-8910 1 our lives, and we have to make a very big 2 decision. And I know my colleagues on the 3 other side of the aisle have already made up 4 their mind which way they're going to vote, 5 and so I don't want to convince them on how to 6 vote. I want to get the record straight. 7 I think it is wrong and it is a lie 8 to state that Kevin Parker and Shirley Huntley 9 and Ruth and Bill Perkins and Hiram Monserrate 10 and others, that we are attempting to take the 11 system backwards. That is a lie. 12 I am tired, since the beginning of 13 my career in policing in '84, of putting 14 handcuffs on 11-year-old children and children 15 sitting in classrooms too afraid to read and 16 write because gangs were pervasive. Countless 17 numbers of adults unable to attend college 18 because they couldn't take the academic 19 courses that were involved. I don't want to 20 go back. 21 But none of us would disagree, none 22 of us, that the system we're currently seeing 23 is not perfect. We may disagree on the level 24 of improvements, if they're high or low, but

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(518) 371-8910 1 none of us would state that the system that's 2 currently in place is perfect. 3 When little Jordan, my son, comes 4 home and he says, "Dad, I didn't get a D in 5 math, I got a C" -- "but, son, I don't want 6 you to have a C. I want you to move towards 7 an A. So you have to do something different 8 to move from a C to an A." This is what we're 9 saying. 10 The system isn't perfect now that 11 Mayor Bloomberg has put together. So what 12 we're doing is looking at that system, 13 redefining it, coming up with some changes, 14 improvements, to move us from a C to a B to an 15 A and to a perfect system. That is our goal. 16 Our goal is not to go back to a 17 system that was riddled with Fs. That is not 18 what we want, and that's not what we're 19 looking for. 20 And I think that when you look at 21 some very important areas, something shocked 22 me when I read the New York Times over the 23 weekend. Do you know that in the Department 24 of Education we have something called credit

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(518) 371-8910 1 recovery? Credit recovery? A child can miss 2 50 percent of his classroom time, 50 percent, 3 and just do a project to get a credit. That's 4 not education. That's filling our detentional 5 facilities upstate. 6 But it's more than just credit 7 recovery. It's when I started in policing, 8 when Commissioner Bratton took over the police 9 department he put in place this thing called 10 COMPSTAT. And the goal was that you have 11 precinct commanders, you would tell them, if 12 you want to be promoted, you had to make sure 13 crime was down in your precinct. And that was 14 the only way you were going to be promoted. 15 So what you had police commanders 16 starting to do, they said, well, you know 17 what, one way to ensure crime was down is not 18 to report it. Or instead of saying there's a 19 robbery, I'm going to say it's a grand 20 larceny. Or instead of saying someone's 21 assaulted, I'm going to say they tripped. 22 That's what we're doing to our 23 principals. We are telling our principals, 24 who must be judged on how well they do with

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(518) 371-8910 1 students based on their graduation rates -- 2 our principals have learned creative ways of 3 graduating students. Seventy-five percent of 4 our students who graduate from high school, 5 they can't get into college. They've got to 6 take remedial courses. Go back eight years. 7 The children who were eight years ago in the 8 system, the system has been eight years 9 running. So those who are graduating now have 10 been eight years in the system. And they're 11 not prepared. 12 So we have to change the direction 13 that we're going in, change what we're doing. 14 Here's what I'm saying -- as we continue this 15 discussion in a later time, because this bill 16 I'm sure will be defeated, but our victory 17 will be won -- we must define education. 18 Someone else took over our system 19 and they defined education for us based on how 20 well our children pass an examination. And I 21 say no. 22 I want a well-rounded child. I 23 want a child that is not being mistreated by 24 obesity that's killing our children, that

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(518) 371-8910 1 understands you should have recess, you should 2 go out and have a gym in your building. I 3 want a child that can sit down and not only 4 check off squares in a box but understand it 5 is all right to play and talk to an Asian 6 child, it is all right to understand that if 7 someone is gay you should not be abusive to 8 them. Madoff got As, and look what he did to 9 us. 10 We need to build character in our 11 children. And you don't have character merely 12 studying for a test. That is not an American 13 child. Our children are not only going to 14 compete with Buffalo, they're going to compete 15 with Belgium. They're not going to only 16 compete with New York State, they're going to 17 compete with New Zealand. 18 This is the only country where 19 we're training our children just to be robots, 20 instead of training them to be educated, 21 intelligent human beings. Because the globe 22 is what they are supposed to adore, explore, 23 and to conquer, not just sit inside a 24 classroom.

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(518) 371-8910 1 This is a major issue that we're 2 going for, and this is why we have so much 3 passion. And the passion we have is being 4 perceived as we're anti-education. And I 5 don't believe some of the things that I'm 6 reading in the papers that are questioning, 7 how dare us say we want the system to be 8 better? How dare us? This is what they're 9 saying. 10 Every editorial board seems to have 11 drunken the Mayor Bloomberg Kool-Aid that if 12 you question the system, you're 13 anti-education. That's what they're saying. 14 If we question the system. How dare the mayor 15 tell you you'd better not change one period in 16 the legislation. When did we become an 17 extension of City Hall? How dare him tell the 18 governor, You need to call them back every day 19 until they pass this bill, this bill. 20 Am I missing something? Are we not 21 the Senate? Do we not have the responsibility 22 to make sure that we are separate, that we 23 understand what we're passing and what we're 24 doing?

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(518) 371-8910 1 I think we're in a good place. I 2 think that we have an opportunity to do some 3 good things. This bill may not be perfect. 4 But you know what it does? It starts the 5 discussion. And I'm always talking about, you 6 know, the guys standing behind me from the 7 Times, the Daily News and the Post, and I know 8 they're going to beat me up tomorrow. But the 9 reality is, tell the truth. Tell the truth. 10 Let's talk about the empress that is unclothed 11 and stop acting like they have a designer 12 dress on. 13 Listen, we've reached out to City 14 Hall several times, and we said, Can't we talk 15 about those things that are important to us? 16 Can't we have a conversation? Can we at least 17 sit down as reasonable, intelligent adults and 18 at least listen to what we have to say? How 19 could you be so arrogant that you're not 20 willing to listen? 21 You know what they offered to us? 22 You know what they told us, Lanza? They said, 23 "We'll let you do an MOU, and then we'll put 24 it into the chancellor regs."

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(518) 371-8910 1 I'm a legislator. I don't do MOUs. 2 I pass laws and bills. My school buildings 3 are not a group of chain stores, 7-11s, where 4 you look at profit margins to decide the 5 success of them. Those are my children, those 6 are my babies. Those are the people I 7 strapped on a bulletproof vest for for 22 8 years and stood on the corner to protect their 9 lives. How dare you tell me I can't tell you 10 what I think they should have to be educated? 11 This is what this is about. And I 12 don't care how late it is, because you're 13 going to hear me. You're going to hear what I 14 have to say. This is an important issue that 15 we're riding on. 16 And that's why Hiram Monserrate and 17 Kevin Parker and John Sampson -- no one wakes 18 up in the morning with merely a slingshot of 19 compassion and desire and goes after a Goliath 20 like Bloomberg unless you are determined to 21 believe that what you're doing is right. 22 We are right. We are right in what 23 we're saying. And, Velmanette, don't let 24 anybody tell you we are wrong. Bill, don't

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(518) 371-8910 1 let anybody tell you we are wrong. We are 2 right in what we're doing. We're in the right 3 direction. 4 So I'm saying to you, my friend of 5 many years, Deputy Mayor Walcott, I know your 6 heart, I know your desire. From the Urban 7 League to the Department of Education, I know 8 your commitment. It's imperative that we put 9 this system in the right direction. 10 We cannot have a chancellor who is 11 going to control the billions of dollars with 12 no oversight. No other agency head in this 13 entire state has one man that can control 14 billions of dollars in no-bid contracts, 15 billions of dollars of giving away contracts 16 to people he knew. No other man in the entire 17 State of New York has that level of oversight. 18 All we want is transparency. 19 That's all we're asking for. All we're asking 20 for is the common denominator of greatness, 21 and that's parental participation. I don't 22 care how raggedy a school is, I don't care how 23 old the books are -- if you have a parent who 24 is compassionate and educated on how to

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(518) 371-8910 1 educate her child, you have a productive 2 child. It doesn't matter. 3 All we want is to make sure that 4 when we send money out of here to go there, 5 that it's spent correctly. That's all we're 6 asking. All we're asking is just to have some 7 input, that if I knock on a school building 8 door in my district that they will at least 9 let me in so I can talk to the students. Is 10 that asking too much? 11 All we're asking is to take the 12 school buildings, what we can't fund -- we 13 can't fund community centers, we can't build 14 community centers because we're in a deficit. 15 Yet we have school buildings on corners in our 16 community where you have gyms and swimming 17 pools that we can't get into to allow children 18 off the streets of New York. 19 All we're asking is when we pick up 20 the phone to call the Department of Education 21 and say, "This Korean mother that can't speak 22 English needs help," we just want a return 23 phone call. That's all we're asking. 24 And I think that the reason these

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(518) 371-8910 1 guys are not reporting it right is because 2 they don't know what we're going through. 3 They don't realize that we're locked out of 4 our educational system. They think we are 5 just merely complaining. 6 We have no say-so in our 7 educational system. And you know what's 8 funny? Flanagan, I know that if the schools 9 on Long Island was treated that way, you 10 wouldn't tolerate it. I know it, because 11 that's not the type of person you are. You 12 know that? Libous, I know that if the schools 13 in your community, you couldn't go inside 14 there to have your children play, that would 15 be unacceptable. I know that. DeFrancisco, I 16 know that if the quality of education was 17 challenged in your community, you wouldn't 18 accept that. 19 Because let me tell you one thing 20 about a parent, I don't care where they are. 21 A parent will give their life for their 22 children. There would be something unhuman 23 about us if we were willing to let this go 24 without a fight. There would be something

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(518) 371-8910 1 wrong with us. 2 I know the men and women on that 3 side of the aisle, no matter who they are or 4 where they're from, a parent doesn't moan any 5 different. If their child is harmed by anyone 6 or anyplace, the moan is the same. Just hear 7 our moans, that's all. That's all I'm asking 8 of you. No matter which way you vote, just 9 demand that he has a conversation with us. 10 This is an issue that I'm asking of 11 you on the other side of the aisle to take 12 this out of politics. I'm asking you not as 13 Senator, I'm asking you as Eric Adams. I need 14 you on this one. I just need you to tell the 15 mayor -- not of your city, but of my city -- 16 sit down and have a conversation with Eric 17 Adams so we can do some improvements in 18 education. 19 You and I both know there's only 20 three of you over there that are in the City 21 of New York. There's only a few of us here 22 that will probably vote for this bill. All 23 I'm asking of you, LaValle and Padavan and 24 Larkin -- and even you, Winner -- all I'm

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(518) 371-8910 1 asking, let us have input in the system that 2 our children go to. That's all I'm asking. 3 And I'm going to tell you something. I would 4 do it for you. 5 ACTING PRESIDENT VALESKY: Thank 6 you, Senator Adams. 7 Senator Huntley. 8 SENATOR HUNTLEY: Yes, Mr. 9 President. It's very hard to follow Senator 10 Adams, you know, when he speaks, because Eric, 11 that was excellent. 12 Let me just say this. My 13 granddaughter goes to school in Dean Skelos's 14 district. What a lovely school. I snuck 15 down -- the Governor can send the troopers 16 now, it's over. I snuck down last week to go 17 to a ballet recital that they had. And I'm 18 telling you, the parents, the school, the 19 people in general, they were marvelous. 20 Now let me tell you the second part 21 of the story. I live in a community whether 22 there's a school, Public School 30. It's 23 called the Ruby S. Couche School. In fact, I 24 named the school, me and some other parents.

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(518) 371-8910 1 I laid the first brick in the school. It's 2 been there a very long time. It was a very 3 good school. Community school, we were 4 welcome, the community did activities, the 5 kids were happy, they were not totally 6 underachievers. The kids were doing -- they 7 weren't doing the greatest, but they were 8 surviving. They were being educated by a very 9 good principal, Althea Tyson, who moved on to 10 another school. 11 When Althea Tyson left that school, 12 we got a principal who had never been a 13 principal before. The principal was a 14 teacher. While the principal is principaling 15 for the children, he's also going to school -- 16 835 children, but twice a week he left to go 17 for his principal training. And he left the 18 building in charge of someone who was an AP 19 but had never been an AP before. So, you 20 know, there's like this ten-minute education 21 in the community where we live. 22 The community has totally been 23 marked up. I used to go there, I used to help 24 them fund-raise, have cookie sales. Even as a

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(518) 371-8910 1 Senator, in September when I'd be down, 2 schools would open, I'd participate. I visit 3 all my schools. Starting in September and 4 October, I cover every school in my district. 5 I was amazed when I went to P.S. 30 6 and I was told that I couldn't come in, the 7 principal would have to call the Department of 8 Ed and get permission to see if they could 9 speak to me. That's every school in my 10 district, okay? 11 But not at Dean Skelos's school. 12 When I go there, they open the door and 13 welcome me. In fact, in my daughter's 14 classroom, even though it's Dean's area, they 15 have a big picture of me up in my 16 granddaughter's classroom. You know, the 17 library picture. And the kids are just so 18 happy about it. 19 So what we're saying, we're not 20 saying that we want to take over the mayor. 21 But we're saying that we are tired of letting 22 the mayor strangle the life out of our 23 community. And that's what's going on. And 24 we will not tolerate it any longer.

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(518) 371-8910 1 Now, this body, I'm not asking any 2 of you to do anything. I'm not asking you to 3 vote. Frankly, I don't care. I'm not asking 4 this body over here to vote either, other than 5 the people who I know will vote for it. 6 Because I've found, since I've been here in 7 the Senate, all that we do, we don't care an 8 awful lot about children. We don't. We care 9 about all these other things. We care about 10 the MTA. We care about this project, we care 11 about that project, but we absolutely do 12 nothing at all for our children. I don't 13 think I've heard education mentioned -- and 14 I'm going into my second term -- I don't think 15 I've heard it be mentioned 20 times, and 16 that's very sad. 17 And when people ask me about the 18 Senate and education, you know what I say to 19 them? I say, "Well, the Senators don't really 20 care about education." Because you don't. 21 Okay? 22 My colleagues across the aisle, I 23 know for you it's a political vote. I'm quite 24 aware. And I tell my colleagues over here,

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(518) 371-8910 1 there are such things as political votes and 2 there are such things as votes. Okay? 3 This is not a political vote for 4 me. It's not about the mayor; I don't know 5 the mayor. Never met him, never been to 6 Gracie Mansion, never spoke to him. So I 7 don't know him, so it's not about him. It's 8 about our children and our community. 9 So I leave you with this. Feel 10 very proud of yourselves when our kids end up 11 where Eric was talking about, with handcuffs. 12 Feel very proud of that. Because without a 13 good education, you get no place. We all know 14 that. We all know today is a different time. 15 You must be educated. So just remember, we 16 asked you to support what we're doing. And 17 you're not, but hey, that's okay. 18 I just want to go on record saying 19 that, you know, it's very sad that adults -- 20 and parents, because most of you are 21 parents -- only care about their own children. 22 Thank you. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Thank you, Senator.

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(518) 371-8910 1 Are there any other Senators 2 wishing to be heard on the bill? 3 Hearing none, the debate is closed. 4 The Secretary will ring the bell. 5 Read the last section. 6 THE SECRETARY: Section 18. This 7 act shall take effect immediately. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 951 are 15 Senators Alesi, Aubertine, Bonacic, 16 DeFrancisco, Farley, Flanagan, Fuschillo, 17 Golden, Griffo, Hannon, C. Johnson, Klein, 18 L. Krueger, Lanza, Larkin, LaValle, Leibell, 19 Libous, Little, Marcellino, Maziarz, McDonald, 20 Morahan, Nozzolio, Oppenheimer, Padavan, 21 Ranzenhofer, Robach, Saland, Savino, 22 Schneiderman, Serrano, Seward, Skelos, Smith, 23 Stachowski, Valesky, Volker, Winner and Young. 24 Absent from voting: Senators Dilan

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(518) 371-8910 1 and Onorato. 2 Ayes, 15. Nays, 40. 3 ACTING PRESIDENT STEWART-COUSINS: 4 The bill is defeated. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Calendar Number 8 909, substituted earlier today by Member of 9 the Assembly Zebrowski, Assembly Print Number 10 6963, an act to amend the Labor Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Call the roll. 17 (The Secretary called the roll.) 18 SENATOR WINNER: Explanation. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Breslin, an explanation has been 21 requested. 22 SENATOR BRESLIN: Thank you, 23 Madam President. 24 This bill was initiated by the

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(518) 371-8910 1 Labor Department. The Labor Department had 2 been doing exhaustive investigations of 3 workers who were either denied their pay or 4 given less than full pay. 5 And as a result of that, the Labor 6 Department provided a bill which would 7 increase the penalties for employers who did 8 not give proper pay. And the penalties hadn't 9 been increased in 50 years. 10 Employers would not be allowed to 11 terminate any employees who were viewed as 12 whistleblowers, and those penalties were 13 tightened as well. 14 It also provided the Labor 15 Department, through its commissioner, through 16 administrative procedures to not only seek the 17 back pay but seek liquidated damages. That 18 generally is the outline of the bill. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Thank you, Senator Breslin. 21 Are there any other Senators 22 wishing to speak on this bill? 23 Read the last section. 24 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Saland. 7 SENATOR SALAND: To explain my 8 vote. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Saland, to explain his vote. 11 SENATOR SALAND: Thank you, 12 Madam President. 13 Certainly the description which 14 Senator Breslin provided is accurate, and it's 15 accurate as far as it went. However, while it 16 does provide for liquidated damages, this 17 bill, there's a recognition that if an 18 employer provides a good-faith basis for 19 believing that the underpayment was in 20 compliance with the law, there is no 21 liquidated damages. 22 And I raise that point simply to 23 point out that in all other areas, there's a 24 penalty. The penalty under the current law is

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(518) 371-8910 1 anywhere from a minimum of 200 to 2,000. This 2 would increase it from a minimum of 1,000 to 3 10,000. And yet there's no recognition of 4 that good faith in which an employer may have 5 made a mistake. So the penalties get 6 increased rather dramatically without the 7 benefit of the good-faith exception that's 8 recognized for purposes of the liquidated 9 damages. 10 So I'm going to vote in opposition 11 to this and would hope that my colleagues 12 would as well. Thank you. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Thank you. Senator Sampson to be recorded in 15 the negative. 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 909 are 19 Senators Bonacic, DeFrancisco, Farley, 20 Flanagan, Griffo, Hannon, Lanza, Larkin, 21 LaValle, Leibell, Libous, Little, Nozzolio, 22 Ranzenhofer, Saland, Seward, Skelos, Winner 23 and Young. 24 Absent from voting: Senators

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(518) 371-8910 1 Dilan, Huntley, C. Johnson, Onorato and 2 Thompson. 3 Ayes, 33. Nays, 19. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: Calendar Number 9 913, substituted earlier today by Member of 10 the Assembly Espaillat, Assembly Print Number 11 8555A, an act to amend the Executive Law and 12 the State Finance Law. 13 SENATOR LIBOUS: Read the last 14 section. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The debate is closed. The Secretary will ring 17 the bell. 18 Read the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect on the first of April. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: In relation to 3 Calendar Number 913: Ayes, 53. Nays, 0. 4 Absent from voting: Senators Dilan, Huntley, 5 Lanza and Onorato. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 917, substituted earlier today by Member of 12 the Assembly Destito, Assembly Print Number 13 7742A, an act to amend the Agriculture and 14 Markets Law. 15 SENATOR LIBOUS: Read the last 16 section. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Are there any other Senators wishing to be 19 heard on the bill? 20 Hearing none, the debate is closed. 21 The Secretary will ring the bell. 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 STEWART-COUSINS: 2 Announce the results. 3 THE SECRETARY: In relation to 4 Calendar Number 917: Ayes, 53. Nays, 0. 5 Absent from voting: Senators 6 Dilan, Huntley, Monserrate and Onorato. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 The Secretary will continue to 10 read. 11 THE SECRETARY: Calendar Number 12 919, substituted earlier today by Member of 13 the Assembly Cusick, Assembly Print Number 14 8043, an act to amend the Civil Practice Law 15 and Rules. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Are there any Senators wishing to be heard on 18 this bill? 19 Hearing none, the debate is closed. 20 The Secretary will please ring the 21 bell. 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 STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Announce the results. 6 THE SECRETARY: In relation to 7 Calendar Number 919: Ayes, 53. Nays, 0. 8 Absent from voting: Senators 9 Dilan, Huntley, Monserrate and Onorato. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: Calendar Number 15 923, substituted earlier today by Member of 16 the Assembly Brodsky, Assembly Print Number 17 8405C, an act to create a Temporary New York 18 State War of 1812 200th Anniversary 19 Commemoration Commission. 20 SENATOR LIBOUS: Last section. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Are there any Senators wishing to be heard on 23 the bill? 24 Hearing none, the debate is closed.

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(518) 371-8910 1 The Secretary will please ring the 2 bell. 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 923: Ayes, 53. Nays, 0. 13 Absent from voting: Senators 14 Dilan, Huntley, Monserrate and Onorato. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The bill is passed. 17 The Secretary will continue to 18 read. 19 THE SECRETARY: Calendar Number 20 926, by Senator Sampson, Senate Print 5764, an 21 act to amend the Social Services Law. 22 SENATOR LIBOUS: Read the last 23 section. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Are there any Senators wishing to speak on the 2 bill? 3 Hearing none, the debate is closed. 4 The Secretary will please ring the 5 bells. 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT STEWART-COUSINS: 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 926 are 16 Senators DeFrancisco, Flanagan, Griffo, 17 Hannon, Larkin, LaValle, Little, Marcellino, 18 Padavan, Ranzenhofer, Saland, Skelos, Volker 19 and Winner. 20 Absent from voting: Senators 21 Dilan, Huntley, Monserrate and Onorato. 22 Ayes, 39. Nays, 14. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The bill is passed.

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(518) 371-8910 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Calendar Number 4 929, substituted earlier today by Member of 5 the Assembly Dinowitz, Assembly Print Number 6 1004, an act to amend the Insurance Law. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Are there any Senators wishing to be heard on 9 this bill? 10 Hearing none, the debate is closed. 11 The Secretary will please ring the 12 bells. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of January. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Announce the results. 21 THE SECRETARY: Ayes, 52. Nays, 22 0. Absent from voting: Senators Dilan, 23 Huntley, Monserrate, Onorato and Parker. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 932, by Senator Klein, Senate Print 5981, an 4 act to amend the Education Law. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Are there any Senators wishing to be heard on 7 the bill? 8 Hearing none, the debate is closed. 9 The Secretary will please ring the 10 bells. 11 Read the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the first of July. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT STEWART-COUSINS: 18 Announce the results. 19 THE SECRETARY: Ayes, 53. Nays, 20 0. Absent from voting: Senators Dilan, 21 Huntley, Monserrate and Onorato. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is passed. 24 The Secretary will continue to

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(518) 371-8910 1 read. 2 THE SECRETARY: Calendar Number 3 936, substituted earlier today by Member of 4 the Assembly Gottfried, Assembly Print Number 5 9033, an act to amend the Social Services Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Are there any Senators wishing to speak on the 8 bill? 9 Hearing none, the debate is closed. 10 The Secretary will please ring the 11 bell. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 936 are 22 Senators Hannon, Larkin, Little, Marcellino, 23 Ranzenhofer, Saland and Seward. 24 Absent from voting: Senators

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(518) 371-8910 1 Dilan, Huntley, Monserrate and Onorato. 2 Ayes, 46. Nays, 7. 3 ACTING PRESIDENT STEWART-COUSINS: 4 The bill is passed. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Calendar Number 8 939, substituted earlier by Member of the 9 Assembly Cahill, Assembly Print Number 9040, 10 an act to amend the Public Authorities Law. 11 SENATOR MAZIARZ: Explanation. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Stachowski, an explanation has been 14 requested. 15 SENATOR STACHOWSKI: Yes, Madam 16 President. This bill is an act to amend the 17 Public Authorities Law in relation to the 18 energy efficiency and clean energy initiatives 19 of the Power Authority of the State of 20 New York, providing for the repeal of such 21 provisions upon expiration thereof. 22 The purpose of the bill is to 23 enhance the energy efficiency, clean energy, 24 energy service and green building programs

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(518) 371-8910 1 administered by the Power Authority of the 2 State of New York, to reduce energy 3 consumption and mitigate environmental impacts 4 from energy usage consistent with the state's 5 energy and environmental policies. 6 This bill will provide NYPA with 7 the authority to design, develop, construct, 8 implement, provide and administer 9 energy-related projects, programs and services 10 for recipients of economic development power, 11 expansion power, replacement power, 12 preservation power, high load-factor power, 13 municipal distribution agency power, Power for 14 Jobs. 15 This bill will also give them the 16 authority, as deemed feasible or advisable by 17 NYPA's trustees, that NYPA may finance, 18 design, develop, construct, implement and 19 administer energy-related projects, programs 20 and services for any public entity and 21 customers of NYPA's low-power-cost programs. 22 NYPA may consult standards and 23 other criteria established or adopted by other 24 organizations, including but not limited to

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(518) 371-8910 1 the United States Green Building Council and 2 its lead program, the Green Building 3 Initiative's Green Globes rating system, and 4 the American National Standards Institute. 5 NYPA may use note and bond proceeds 6 and other authority funds to finance projects 7 and programs. 8 The programs can authorize 9 contracts, energy efficiency, clean energy, 10 energy services, green building programs for 11 up to 35 years' duration, provided that the 12 duration of any such contract does not exceed 13 the expected useful life of the facilities or 14 equipment comprising such projects. 15 The bill would build upon the 16 significant reductions in the consumption of 17 energy and the contributions to a cleaner 18 environment made possible by NYPA's energy 19 efficiency, clean energy, energy service, 20 sustainable building programs and make it 21 easier for public entities to implement such 22 services and projects. 23 NYPA has invested more than 24 $1 billion in energy efficient projects at

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(518) 371-8910 1 publicly owned facilities in New York State 2 since 1987. Through direct implementation of 3 projects and low-cost financing, its energy 4 services programs have resulted in more than 5 1,560 completed projects at 2,640 facilities, 6 producing more than $102 million in annual 7 taxpayer savings. 8 Since the inception of this 9 program, these programs have reduced energy 10 consumption in the state by over 900 gigawatt 11 hours and prevented the emission of 12 approximately 824,987 tons of greenhouse gas 13 emissions. 14 An example of one of these success 15 stories would be NYPA's own building in White 16 Plains, where NYPA replaced its chilled water 17 plant as an energy efficiency measure and 18 implemented other measures that earned the 19 facility Lead Existing Building Gold Status. 20 The completed project is saving NYPA 4,704,764 21 kilowatt hours per year of electricity, 22 accounting for a savings of $338,951 annually. 23 The new equipment has reduced 24 greenhouse gases by 3,034 tons per year and

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(518) 371-8910 1 mitigated the CFCs that would otherwise be 2 refrigerated of the old chilled water plant. 3 Many of the public entities served by NYPA can 4 make use of these programs, such as the City 5 of New York, the Office of General Services, 6 the State University of New York -- 7 (Laughter; Republican Senators 8 gesturing "surrender.") 9 SENATOR STACHOWSKI: No, I'm 10 trying to give an explanation. 11 Go ahead. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Maziarz, why do you rise? 14 SENATOR MAZIARZ: Would Senator 15 Stachowski yield for many questions? 16 SENATOR STACHOWSKI: Sure. Go 17 ahead. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Stachowski yields. 20 SENATOR MAZIARZ: The first 21 question I have, Senator Stachowski, is did 22 you just say that you were pleased to see that 23 the assets of NYPA would be used to do 24 something in the City of New York?

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(518) 371-8910 1 SENATOR STACHOWSKI: I said that 2 this is a program that is statewide, Senator 3 Maziarz. Whether you like it or not, the City 4 of New York is part of New York State. 5 Currently, in a program that was 6 developed long before I got here, Power for 7 Jobs, which everybody raves about upstate, has 8 more money invested in downstate New York than 9 upstate. I think that was done by the 10 Republican Senate. Just a guess, because it's 11 in the last 40 years. And New York City gets 12 to make use of this program. All of upstate 13 gets to make use of this program. 14 If I'm not mistaken, SUNY, with the 15 exception of a couple of locations on Long 16 Island, is located throughout upstate New York 17 and will be readily available to make use of 18 this. As a matter of fact, there's fire 19 companies upstate that are using any of these 20 programs, they also can make use of this 21 program. 22 And all the companies in upstate 23 that are trying to achieve energy savings will 24 be able to apply for these programs and get

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(518) 371-8910 1 better energy efficiency and therefore save 2 energy costs and save the state money and save 3 us the size of a footprint in carbon dioxide 4 emissions. 5 So yes, New York City is part of 6 it, but so is all of upstate. 7 SENATOR MAZIARZ: Madam 8 President, through you, would Senator 9 Stachowski continue to yield for questions. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Stachowski, do you continue to yield? 12 SENATOR STACHOWSKI: Yes, I 13 continue to yield. 14 SENATOR MAZIARZ: Yes, Senator 15 Stachowski, you pointed out earlier that the 16 Senate approved the Power for Jobs program. 17 Did the Assembly approve the Power for Jobs 18 program too? 19 SENATOR STACHOWSKI: I believe 20 they will be. 21 SENATOR MAZIARZ: No, have they 22 in the past? 23 SENATOR STACHOWSKI: In the past? 24 Yes, they have in the past, yes.

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(518) 371-8910 1 SENATOR MAZIARZ: They have -- 2 SENATOR STACHOWSKI: Yes. 3 SENATOR MAZIARZ: -- the Assembly 4 has approved the Power for Jobs program since 5 1997. 6 You read the first, I think, lines 7 3 through 9 of this bill during your 8 explanation about the entities that are 9 eligible under this program for energy 10 efficiency grants from the Power Authority. 11 It's a very wide-ranging, very broad, very 12 general criteria that the Power Authority will 13 be able to assist them in. 14 Through you, Madam President, if 15 Senator Stachowski would answer, where does 16 the Power Authority make its money? Where is 17 the Power Authority going to get the money to 18 fund all of these things from? 19 SENATOR STACHOWSKI: I believe, 20 Senator, that a lot of these will be loans and 21 grants, and they'll achieve a lot of savings 22 from the power that won't be used, as they 23 have achieved in the power in the White Plains 24 station, their own building in White Plains.

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(518) 371-8910 1 And as they continue to get more 2 energy-efficient buildings, less energy will 3 be used by each individual user and more 4 energy will be available for more companies 5 hopefully that will locate in upstate New York 6 and then become energy users in more of these 7 low-cost-power programs. 8 SENATOR MAZIARZ: Madam 9 President, through you -- 10 ACTING PRESIDENT STEWART-COUSINS: 11 Are you asking Senator Stachowski to yield? 12 SENATOR MAZIARZ: No, actually 13 I'll speak on the bill, because Senator 14 Stachowski wasn't going to answer my 15 questions. 16 The Power Authority gets its money 17 from two places, Senator. It gets it from the 18 Massena plant in St. Lawrence, a little bit, 19 but it gets the boatload of its revenue, which 20 Congressman Brian Higgins -- who you're very 21 familiar with, a Democrat from Western 22 New York -- continually points out, along with 23 myself, they get the boatload of their revenue 24 from the Niagara plant.

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(518) 371-8910 1 So money from Niagara. Because 2 they operate 16 plants in the State of 3 New York, and they are so inept that they lose 4 money in 14 out of the 16. They only make 5 money at St. Lawrence and, of course, their 6 cash cow, Niagara. 7 So once again, once again, just 8 like back in February of this year when 9 $550 million was stolen from the people of 10 Western New York, when the chance to create 11 jobs in Western New York, when the chance to 12 have economic development in Western New York 13 was taken away by this Legislature, once again 14 the people of Western New York are going to 15 have to use their best asset, that hydropower, 16 to fund these energy-efficiency grants in 17 New York City, downstate New York, Long 18 Island, Westchester, and across the state. 19 Twenty-two percent of the homes in 20 the City of Niagara Falls are abandoned. 21 They're not for sale, they're not in 22 foreclosure, they're abandoned. The U.S. 23 Census Bureau estimates that the largest 24 decline in population of any city in upstate

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(518) 371-8910 1 New York will be in the City of Niagara Falls. 2 How can that be, when right down 3 the road is the largest hydroelectric plant in 4 the entire northeastern United States? How 5 can that be? 6 There should be jobs, there should 7 be companies, there should be opportunities 8 there. Congressman Higgins sees it. I see 9 it. Why don't the people who represent 10 Western New York in this room see it? The 11 Buffalo News continually reminds them of that. 12 And they continually come here and vote 13 against the interests of those young people in 14 Western New York. 15 Senator Adams and Senator Parker 16 spoke very passionately earlier about young 17 children and their education in the City of 18 New York. And I feel just as passionately 19 about this issue, as I'm sure you all know. 20 It's unfortunate that we had to have this at 21 3 o'clock in the morning, a Power Authority 22 bill. Senator Smith, don't ever put a Power 23 Authority bill on the calendar at 3 o'clock in 24 the morning.

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(518) 371-8910 1 I will vote against this. I will 2 ask my colleagues to vote against this. I 3 will beg my colleagues from Western New York 4 to withdraw their sponsorship of this. 5 This is taking our best asset, 6 taking our best asset and sending it to -- 7 they define public authorities, public 8 universities such as the City University of 9 New York -- taking our best asset out of 10 Western New York and sending it downstate. 11 When is it going to stop? 12 Thank you, Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Thank you, Senator. 15 Senator Stachowski, why do you 16 rise? 17 SENATOR STACHOWSKI: Yes, Madam 18 President. I'd like to speak on the bill. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Stachowski, on the bill. 21 SENATOR STACHOWSKI: It seems 22 like it's very easy for Senator Maziarz to 23 stand here and criticize everything that is 24 done for the power plant that is a federal

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(518) 371-8910 1 power plant, I might add. I don't hear him 2 complaining about the power that goes out of 3 state. And maybe he wants to talk to the 4 Congressman about opening that up and see how 5 well they do at keeping that power. 6 He talks about the money that was 7 swept in the DRP, but he never talks about the 8 $500 million that was swept while he sat on 9 this side of the aisle over the course of the 10 many budgets when they took money from the 11 Power Authority to balance budgets. That was 12 okay, because then Senator Maziarz did it. 13 And I would never use a word like he used in 14 that. But when he did it, it was fine. When 15 lot of these programs were put in while he was 16 here, that was fine. 17 During the course of his budget 18 comments, he said how they could have used 19 that money to reduce people's rates. Well, 20 that money was there the year before; he was 21 chairman of Energy, and nobody's rates went 22 down. 23 He complained about an assessment 24 on electric and other power that unfortunately

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(518) 371-8910 1 we couldn't get out. We got the telephone 2 part out. However, during the 30-day 3 amendment period of the budget -- that he 4 always takes so much credit that he fought -- 5 he was chairman of Energy. Didn't say word 6 about that assessment. Could have started the 7 fight then, and maybe we would have been 8 successful in getting that whole piece out of 9 the budget. But he sat quietly while the 10 30-day amendment period went by. 11 Does the whole state benefit from 12 this program? Yes. Does Niagara County need 13 more help? Absolutely. Does Erie County and 14 the other counties in Western New York need 15 more help? Yes. If we want to look who's in 16 charge of Niagara County, we don't have to 17 look far. We know who runs Niagara County. 18 It's nobody sitting on this side. But if 19 that's how we want to play, that's how we'll 20 play on this. 21 This happens to be a very good 22 program. If you want to kill it, feel free. 23 This bill enables companies that get power to 24 do a better job with their buildings, with the

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(518) 371-8910 1 way they use their energy. They will end up 2 saving energy. They will save on the carbon 3 footprint. There will be more energy for 4 other companies. There will be more energy to 5 induce more companies to come to Western 6 New York, hopefully, or other parts of 7 upstate. People will go to work. The Power 8 Authority will make money, not lose money. 9 They're saving money in the examples that are 10 in the bill itself. 11 But I guess we shouldn't mention 12 those parts. We should just beat a dead horse 13 and say that this is just terrible because it 14 takes an asset of the state and uses it for 15 the whole state. 16 If I'm not mistaken, based on the 17 economy in Western New York, we're not 18 generating all the tax dollars, but we're 19 benefiting from a lot of the programs. And I 20 think a lot of those dollars, even in this bad 21 time in downstate, are coming from downstate 22 coming up here and paying a lot of the bills. 23 And I'm not defending downstate, 24 but this is one New York. And a bill like

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(518) 371-8910 1 this recognizes that this is one New York and 2 that SUNY campuses can benefit, authorities 3 can benefit, businesses that use all these 4 various programs from the Power Authority can 5 benefit from the ability to make their 6 buildings greener, more efficient, better 7 energy users. Definitely better 8 environmentally for everyone around it. 9 But if it's politically expedient 10 to kill this bill, then feel free. And all 11 your colleagues who join you. Kill the bill, 12 George. Great job, be proud of yourself. 13 I think it's a good bill. I think 14 everybody should vote for it. I think it's a 15 step forward for New York State. Everybody is 16 looking how to green buildings. Part of the 17 ARRA money is for green buildings. This 18 program will help that become more efficient 19 and make those dollars easier for 20 municipalities to use. 21 Hopefully we'll be smart enough not 22 to be petty and to pass this bill and add 23 another good program into the asset of trying 24 to make New York a better place to locate

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(518) 371-8910 1 businesses and to keep your business in. 2 Because when they have programs to help your 3 business become more efficient and let you use 4 less power, your expenses go down and your 5 competitiveness goes up. 6 So if that's a bad thing, then vote 7 no. I think it would be a great vote on your 8 part. And it might be our turn to run around 9 to the newspapers and all the TV stations and 10 say, well, you know, we did this program we 11 were going to do for -- yup, unfortunately 12 New York City benefited, but it would have 13 benefited all the companies that are getting 14 Power for Jobs in upstate New York and help 15 them become more efficient, able to compete 16 better with the other plants that are in their 17 own company and maybe even be cheaper than a 18 lot of the plants. 19 Maybe keep the Ford stamping plant 20 in Hamburg, where I represent, and make them 21 more efficient in their power use and more 22 competitive with the other Ford plants across 23 the country and keep those jobs in Western 24 New York.

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(518) 371-8910 1 Maybe if we had this program we 2 might not have the cutbacks that they're 3 having at Chevy. But we'll never know, 4 because if they choose to kill this bill 5 tonight we'll never find out tonight, either, 6 if in the future we'll have that ability to 7 make these companies more competitive. 8 Hopefully we'll look past that, 9 we'll do a bill that's good for the State of 10 New York and we'll do what's right for the 11 people that do business and work and live in 12 the State of New York. And I suggest 13 everybody votes for this bill. 14 Thank you, Madam President. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator. 17 Are there any other Senators 18 wishing to be heard on the bill? 19 Hearing none, the debate is closed. 20 The Secretary will please ring the 21 bell. 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 STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Maziarz, to explain his vote. 6 SENATOR MAZIARZ: Thank you very 7 much, Madam President. To explain my vote. 8 I think that my colleague has to 9 get his talking points updated. He continues 10 to use, and other representatives continue to 11 use that tired example of previous sweeps from 12 the Power Authority under Governor Pataki and 13 under Governor Spitzer. 14 And he knows, because I've said it 15 so many times, absolutely there were previous 16 sweeps under the previous governors, Governor 17 Pataki and Governor Spitzer, that I supported 18 because they were used for the right reason. 19 They were used to pay for energy programs. 20 They were used to pay for a program like Power 21 for Jobs. They were used to fund energy 22 development and research into the General Fund 23 budget. 24 I remember being at one of these

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(518) 371-8910 1 hearings that Governor Spitzer had downstate 2 in the Red Room, on energy issues, and he 3 talked about a sweep from the Power Authority. 4 And he leaned over to me and he said, "We have 5 to be very careful." The discussion was, you 6 know, on whether to take money and put it into 7 the General Fund. And he leaned over to me 8 and he said, "You know, if we get it into the 9 General Fund once, it will become a piggy bank 10 for Shelly." And we sort of laughed and joked 11 about that. 12 And when we did that this year, by 13 one vote in this body, the ex-governor at the 14 time called me up, and he recalled that 15 conversation. Because now it has become a 16 piggy bank. The Niagara Power Project has 17 become a piggy bank. 18 This was the first time, the first 19 time this year that a sweep from the Power 20 Authority was intended for the state's General 21 Fund. It came to Albany to pay the bills. 22 And it came directly from Niagara. 23 It was also unprecedented in the 24 amount. Congressman Higgins -- I say this all

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(518) 371-8910 1 the time, much, I'm sure, to the pain of my 2 colleagues from Western New York. Congressman 3 Higgins, a Democrat, said that this 4 Legislature took more out of Western New York 5 in one day than the Power Authority has given 6 us in 50 years. 7 Senator Stachowski mentioned the 8 Chevy plant. I mentioned the Chevy plant many 9 times on the floor during the debate on the 10 budget. The Chevy plant just laid off 274 11 people, UAW people in Western New York. You 12 know why? You know what we did to them in 13 this year's budget? We raised their utility 14 rates by a thousand dollars a week. That's 15 what we did to them. 16 We wouldn't have to do that to them 17 if we could keep our power. If we could keep 18 the money that's generated from selling our 19 power in Niagara -- and I'm sure the same is 20 true in St. Lawrence -- we wouldn't need a 21 stimulus package. We wouldn't need help from 22 the State of New York. Niagara Falls wouldn't 23 be a dying city that it is today, and Western 24 New York would be a vibrant community with

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(518) 371-8910 1 people moving in instead of moving out. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Maziarz -- 4 SENATOR MAZIARZ: Yes. 5 ACTING PRESIDENT STEWART-COUSINS: 6 How do you vote? 7 SENATOR MAZIARZ: Is my time up? 8 (Laughter.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 Apparently. 11 SENATOR MAZIARZ: I vote in the 12 negative. Thank you. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Thank you, Senator Maziarz. 15 Senator Thompson. 16 SENATOR THOMPSON: Yes, first let 17 me thank Senator Stachowski for being the lead 18 sponsor on this bill. 19 I think it's very important that we 20 support this economic development tool. And I 21 would just say that, you know, it's easy to -- 22 particularly for people in Western New York to 23 get caught in the gridlock of Albany. 24 I think that many of my colleagues

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(518) 371-8910 1 on the other side of the aisle from Western 2 New York know that the Western New York 3 delegation used to have a rich tradition of 4 working together in a collegial and bipartisan 5 way so that we could work in the Assembly and 6 the Senate to bring home our resources for 7 Western New York. 8 And I believe that we have gotten 9 on the wrong path, the path of gridlock and 10 destruction, which will hamper our ability to 11 work collectively across the aisle to deliver 12 for Western New York. Because we in Western 13 New York are always concerned about making 14 sure that we get our fair share. 15 And I would just say to my 16 colleagues that when I was in the minority, I 17 used to work with folks and listen. And 18 sometimes I would agree or disagree, but I 19 always understood one thing, that together we 20 can work collectively to produce for Western 21 New York. 22 And I think that since January we 23 have been on a very destructive course that 24 will not benefit Western New York.

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(518) 371-8910 1 So I would ask that as we move 2 forward over the next year to year and a half 3 that we be mindful of why we were successful 4 in the past. That's because Democrats and 5 Republicans from Western New York always 6 worked together. We didn't always agree, but 7 one thing we always agreed on was making sure 8 that we sent a united message to deliver for 9 Western New York. 10 And I would say that we need to get 11 back on that path, because that's what the 12 people from Western New York want. Anyone can 13 throw a rock. Anyone can throw a stone -- 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Thompson, how do you vote? 16 SENATOR THOMPSON: I support this 17 bill. 18 And I also believe that, you know, 19 you can't change the rules because you're in 20 the minority. You know, if it was good to be 21 collegial when you were in the majority, it's 22 good to be collegial when you're in the 23 minority as well. 24 Thank you, and God bless you.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Thompson will be recorded in the 3 affirmative. 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 939 are 7 Senators DeFrancisco, Griffo, Libous, Maziarz, 8 Winner and Young. Also Senator Little. Also 9 Senator Ranzenhofer. 10 Absent from voting: Senators 11 Dilan, Huntley, McDonald, Monserrate and 12 Onorato. 13 Ayes, 44. Nays, 8. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is passed. 16 Senator Klein. 17 SENATOR KLEIN: Madam President, 18 staying with the controversial calendar, can 19 we take up Calendar Number 944, Print Number 20 4200. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 944, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Glick, Assembly Print Number 2 8219, an act to amend the Education Law and 3 the State Finance Law. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Are there any Senators wishing to be heard on 6 the bill? 7 Senator LaValle. 8 SENATOR LaVALLE: Yeah, would 9 Senator Stavisky -- the hour is late; I'm just 10 going to ask you one brief question. 11 This is a surcharge on the 48 12 professions that the State Education 13 Department oversees. There's not been an 14 increase since, I think -- 15 SENATOR STAVISKY: I didn't hear 16 the end of your question. 17 SENATOR LaVALLE: Can you hear 18 me? 19 SENATOR STAVISKY: Yes, now I 20 can. 21 SENATOR LaVALLE: This is a bill 22 placing a 15 percent surcharge on the 48 23 professions that the department oversees. 24 There hasn't been an increase since '89. But

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(518) 371-8910 1 this is a large increase. 2 I think the membership wants to 3 know, Senator Stavisky, that the professions 4 are supportive of this so that they can be 5 served properly by the department. 6 SENATOR STAVISKY: Yes. This is 7 a 15 percent surcharge. Let's remember that 8 the Office of the Professions takes care of 9 50,000 professional licenses, 250,000 10 registrations. They certify educational 11 requirements. They have 300 educational 12 programs that they take care of, 15,000 13 reviews of nontraditional educational 14 programs. They handle a million calls and 15 emails, et cetera. 16 There have been absolutely no memos 17 in opposition. And in fact, it was the 18 professions who came to me and said, "We 19 support the 15 percent surcharge." 20 And the following have issued 21 written memoranda on the subject: The New 22 York State Institute of Architects, the 23 New York Mental Health Councils Association, 24 the National Association for Drama Therapy,

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(518) 371-8910 1 the New York State Podiatric Medical 2 Association, the New York Chapter of the 3 American Society of Landscape Architects, the 4 National Association of Advancement of 5 Psychoanalysis, the Public Employees 6 Federation, the New York Mental Health 7 Councils Association. 8 This does not apply to doctor 9 registrations, only the 48 licenses that come 10 under the jurisdiction of the State Education 11 Department. 12 SENATOR LaVALLE: Thank you, 13 Senator Stavisky. 14 Thank you, Madam President. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator. 17 Are there any other Senators 18 wishing to speak on the bill? 19 Hearing none, the debate is closed. 20 The Secretary will please ring the 21 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 STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Announce the results. 6 THE SECRETARY: In relation to 7 Calendar Number 944: Ayes, 52. Nays, 0. 8 Absent from voting: Senators 9 Dilan, Huntley, McDonald, Monserrate and 10 Onorato. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 Senator Klein. 14 SENATOR KLEIN: Madam President, 15 can we take up at this time Calendar Number 16 945, Print Number 5036. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 945, substituted earlier today by Member of 21 the Assembly Rosenthal, Assembly Print Number 22 3843A, an act to amend the Social Services 23 Law. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Are there any Senators wishing to speak on the 2 bill? 3 Hearing none, the debate is closed. 4 SENATOR LIBOUS: Read the last 5 section, please. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The Secretary will please ring the bells. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Announce the results. 16 THE SECRETARY: In relation to 17 Calendar Number 945: Ayes, 52. Nays, 0. 18 Absent from voting: Senators 19 Dilan, Huntley, McDonald, Monserrate and 20 Onorato. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 Senator Skelos. 24 SENATOR SKELOS: Yeah, if I could

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(518) 371-8910 1 just be recognized for a minute. 2 I had a passing thought to move to 3 adjourn, although I'm not going to do it, 4 because out of respect for members that have 5 bills here and they've spent the entire 6 evening here. 7 But I do want to point out that as 8 of right now there are eight members of the 9 Democrat majority not here voting on this 10 legislation. That's one-quarter of that 11 conference is not here voting. 12 Now, I know, with Senator Foley, 13 his father is very ill, and we pray for him. 14 But this is not the way we should 15 be conducting business at this time in the 16 hour. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Thank you, Senator. 19 Senator Klein. 20 SENATOR KLEIN: Madam President, 21 now that Senator Skelos withdrew his childish 22 threat, let's take up Calendar Number 941, 23 Print Number 939A. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 941, substituted earlier today by Member of 4 the Assembly Morelle, Assembly Print 6818A, an 5 act to amend the Public Health Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Are there any Senators wishing to speak on the 8 bill? 9 Hearing none, the debate is closed. 10 The Secretary will please ring the 11 bells. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 Announce the results. 20 THE SECRETARY: Ayes, 52. Nays, 21 0. 22 Absent from voting: Senators 23 Dilan, Huntley, McDonald, Monserrate, and 24 Onorato.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 Senator Klein. 4 SENATOR KLEIN: Madam President, 5 can we now take up Calendar Number 943, Print 6 Number 4126. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 943, substituted earlier today by Member of 11 the Assembly Bacalles, Assembly Print Number 12 7506, an act in relation to capital 13 improvement projects. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Are there any Senators wishing to be heard on 16 the bill? 17 Hearing none, the debate is closed. 18 The Secretary will please ring the 19 bell. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Announce the results. 4 THE SECRETARY: In relation to 5 Calendar Number 943: Ayes, 52. Nays, 0. 6 Absent from voting: Senators 7 Dilan, Huntley, McDonald, Monserrate and 8 Onorato. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The bill is passed. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 can we take up Calendar Number 947 and then 14 proceed in order on the controversial 15 calendar. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 947, by Senator Parker, Senate Print 5615, an 20 act to amend the Public Service Law and the 21 General Business Law. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Are there any Senators wishing to be heard on 24 the bill before us?

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(518) 371-8910 1 Hearing none, the debate is closed. 2 The Secretary will please ring the 3 bells. 4 Read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the 120th day. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator LaValle, to explain his vote. 12 SENATOR LaVALLE: Yes, to explain 13 my vote. 14 This was a LaValle bill in prior 15 years, so it is my pleasure to vote for it as 16 a Senator Parker bill. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Announce the results. 19 THE SECRETARY: In relation to 20 Calendar Number 947: Ayes, 52. Nays, 0. 21 Absent from voting: Senators 22 Dilan, Huntley, McDonald, Monserrate and 23 Onorato. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 The bill is passed. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 948, substituted earlier today by Member of 5 the Assembly Schimminger, Assembly Print 6 Number 8826, an act to amend the Social 7 Services Law. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Are there any Senators wishing to be heard on 10 the bill before us? 11 Hearing none, the debate is closed. 12 The Secretary will please ring the 13 bells and read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Announce the results. 21 THE SECRETARY: In relation to 22 Calendar Number 948: Ayes, 52. Nays, 0. 23 Absent from voting: Senators 24 Dilan, Huntley, McDonald, Monserrate and

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(518) 371-8910 1 Onorato. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is passed. 4 The Secretary will continue to 5 read. 6 THE SECRETARY: Calendar Number 7 950, by Senator Duane, Senate Print 2664, an 8 act to amend the Social Services Law. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Are there any Senators wishing to be heard on 11 the bill before us? 12 Senator Duane. 13 SENATOR DUANE: Thank you, Madam 14 President. On the bill. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Duane, on the bill. 17 SENATOR DUANE: Thank you, Madam 18 President. 19 You know, I'm wondering whether 20 anyone thinks that I like being here after 21 3 o'clock tonight after having been here very, 22 very late last night. 23 And you know what? I also wonder 24 whether there's anyone in this chamber that

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(518) 371-8910 1 thinks that they can scare me or get me to 2 back down on anything that I believe in. 3 I wonder if there's anyone in this 4 chamber that thinks whether I care whether I'm 5 a Senator or not. I don't. I only care that 6 I get to say what is important to me and to 7 people that I represent on this floor. 8 I don't think you know what I'm 9 doing here. I'm here to save lives. I'm here 10 to fight for what I believe in. I'm here to 11 stand up for myself and to stand up for other 12 people that don't have people standing up for 13 themselves here, in this chamber. That's why 14 I'm here, to stand up, to stand up for what I 15 believe in and to fight for people who don't 16 have a voice. 17 Let me take you back. The early 18 eighties. Visiting friends in hospitals. 19 We'd go in, we'd go in one night, in the 20 morning they'd be dead. I'd bring them food, 21 my family, bring them food, my friends, bring 22 someone food. But whoever was in the bed 23 would be dead before they could eat it. 24 We'd leave it. Maybe the nurses

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(518) 371-8910 1 will take it home. No, they wouldn't eat it, 2 because it's contaminated. Contaminated. 3 Wouldn't touch it. Wouldn't go into the room, 4 wearing masks, gloves, gowns. 5 Someone gets sick in the afternoon, 6 they'd be dead the next day. Dead. And that 7 went on for months and then years. Dead. 8 Dead. You think if you got sick and your 9 friends were dying that I would sit there and 10 do nothing? No. But that's what happened. 11 That's what happened. 12 Every cold, every virus, every 13 temperature, I thought I'd be dead. And so 14 did so many people that I knew. Dead. 15 You think you scare me? You think 16 you can make me back off? Nothing scares me. 17 There were gurneys backed up into 18 the avenues because they wouldn't let people 19 in the emergency rooms. The public hospitals, 20 they had to. They tried not to, but they had 21 to. You know what? The Catholic hospitals, 22 the only ones. The only ones. Scared? That 23 was scared. 24 Eventually, people could stay alive

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(518) 371-8910 1 a few days. A few days. People thrown out of 2 their homes. People evicted from their 3 apartments. Families didn't want to know who 4 their kids were. Oh, oh, his lips were on 5 that glass, don't touch it. Sterilize that 6 plate. Every cold, every fever, every virus, 7 I'm going to die. That's what it was like. 8 Scared? No. Mad? You bet. 9 And then there were -- oh, you 10 know, this -- you know, we can put you on this 11 antibiotic for a while. It will wreck your 12 lungs, but we'll give you a few more weeks. 13 Here, try this additive, maybe this will help. 14 Nothing helped. Hundreds, hundreds of my 15 friends died. And every day I thought I could 16 be the next one. 17 I wish I could say things are 18 different now, but they're not. Not much 19 different at all. 20 1985, I was in a study about how 21 people were coping and surviving, their mental 22 health. You know what the answer was? I 23 don't know that we needed a study. "Not so 24 good." When they took my blood, we weren't

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(518) 371-8910 1 even supposed to find out. Why? Because 2 nothing could be done. 3 You know when I got here, those of 4 you that remember? Remember? Remember all 5 those bills? Oh, you can get AIDS from a taxi 6 inspector. You can get AIDS from a guard. 7 1999. 8 So easy to find a place to live. 9 Today, I have doctors who treat people with 10 HIV, they cannot rent space. No stigma. No 11 stigma. In Queens, where I grew up, it was in 12 the paper, they wanted to site a small house 13 for people living with AIDS. The neighbors 14 hysterical: All those people with HIV around 15 our children. Today, today that goes on. 16 What does this bill do? This bill 17 would let someone living, if they could find a 18 private home to live in, to live on more than 19 30 bucks a week. You try it. Toilet paper, 20 socks, underwear, telephone, visiting your 21 grandchildren, toothpaste, toothbrush. 22 The only people in New York State, 23 the only people who have to pay more than 24 30 percent of their income in rent. You are

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(518) 371-8910 1 going to kill a bill? Nice. Nice. If you're 2 lucky enough to find a place to live. 3 Yeah, I'm scared. You scare me. 4 Yeah, you'll make me back off. I love being a 5 Senator. What, you might not accept me? I 6 earned my spot here. 7 Yeah, you want to know what's going 8 on in our schools? Oh, come to the school on 9 World AIDS Day. I'll show you what they're 10 doing about teaching about HIV. They're doing 11 a great job. One kid, tragic, choked on a hot 12 dog in a cafeteria. One child. Meanwhile, 13 every day kids are getting infected, hundreds, 14 probably thousands every year, because no one 15 till them how HIV is transmitted. And you 16 think you can get it from my saliva. 17 Oh, yeah, don't let my doctor 18 choose the lab to get my blood drawn so they 19 know what kind of medicine I should take. 20 That's another good one. I had to fight to 21 let them take blood in prisons and send it to 22 labs so they can get people in prisons the 23 right medicine to keep them alive because the 24 labs the prisons use didn't test for the right

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(518) 371-8910 1 kind of -- to see what kind of strain the HIV 2 was so they could prescribe the right kind of 3 drug. 4 If people are lucky enough to find 5 a place to live, you let them keep a couple 6 hundred dollars a month to live on -- if 7 they're lucky enough. Right here in Colonie, 8 a few years ago when I was here, that TV show 9 that builds houses for people? They built a 10 house for a mom here. Four kids. Two living 11 with HIV, two without. She adopted them. 12 I read in the Times Union letters 13 to the editor: Why are they building a pool? 14 It's Albany, it's cold. How often can they go 15 swimming? Why did they build a pool? 16 Because the Town of Colonie 17 wouldn't let them swim in the pool. That's a 18 couple of years ago. Not just the two that 19 had HIV, but their brothers too, because 20 they're all contaminated. Right here in 21 Albany. And those kids are lucky they had 22 someone to -- they could live with a mother 23 who loved them. 24 The thing I'm most proud of that I

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(518) 371-8910 1 did when I was in the New York City Council 2 was when Mayor Giuliani wanted to eliminate 3 the agency that helped keep people with AIDS 4 alive. He wanted to eliminate it. I put it 5 in law he couldn't break it up. 6 I got them an extra hundred dollars 7 for food. You know what they call AIDS? 8 Wasting disease. A hundred dollars to take 9 the subway to the doctor. That money is taken 10 away. 11 This bill would let people have a 12 few dollars to live on if they could find 13 place to live. The people that this bill 14 would protect, they live in SROs. They live 15 in garbage where the landlord makes all the 16 money and they're left with nothing. The only 17 ones. 18 You think it's funny, we'll kill 19 Duane's bill. No, you're not killing my bill. 20 You're killing people. 21 I'm lucky, I have a good health 22 plan. You think someone would hire me if I 23 left here? I'm expensive. My drugs cost 24 money. I don't live in a place where I'd end

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(518) 371-8910 1 up living on less than 10 bucks a day -- 2 toilet paper, toothpaste, phone calls, visit 3 my mother. Go to the doctor. Buy a Band-Aid 4 for when they take my blood if it starts to 5 bleed again. 6 Funny. Kill Duane's bill. Yeah, 7 I'm nice. I've got a sense of humor. But I'm 8 not here so you like me. I'm here to save my 9 life, and I'm here to save the lives of other 10 people because they don't have anyone sitting 11 here. 12 In 1989, 1990 -- 1984 -- even 13 today, people sitting in hospitals. Sick 14 friends, sick relatives. No cure. Yeah, 15 people live longer, but it kills. You know 16 how many people get evicted, get dragged into 17 court because they don't have enough money to 18 stay in their homes? These people that would 19 get a few extra dollars. 20 You wonder why I fight so hard for 21 tenants? Because landlords evicted family. 22 If someone died of AIDS and the partner wasn't 23 on the lease, the body wouldn't even be cold, 24 they'd be nailing the eviction notice to the

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(518) 371-8910 1 door. 2 Oh, don't fight, Tom. You'll never 3 win. They'll never say your families count. 4 Your families won't count. We'll never win. 5 I said, "Why not fight it anyway? We're 6 getting evicted anyway. What do we have to 7 lose?" 8 It took years, but we won. They 9 can't throw us out. And neither can you. 10 You want someone to live on a 11 couple of dollars for their toilet paper and 12 their toothpaste and take the subway to visit 13 their mother? Defeat the bill; it's on you. 14 Have a good time. Have a big laugh. Go 15 ahead, do it tonight. But I'm coming back, 16 and you can't stop me. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Are there any other Senators wishing to -- 19 (Standing ovation.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Are there any other Senators wishing to speak 22 on the bill? 23 SENATOR THOMPSON: I just want to 24 say something real quick. I won't be long.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Thompson. 3 SENATOR THOMPSON: I really 4 appreciate with great compassion that Senator 5 Duane spoke. 6 You know, the last month and a half 7 it's really been, I think, quite 8 soul-searching. And I know one of the days I 9 went home and I was pretty frustrated. And as 10 you know, traveling west, it's a four-hour 11 ride. And some of the things that Senator 12 Duane talked about was on my mind, not only on 13 the way there but on the way back, about why 14 we take some of the tough issues that we take 15 up. 16 And we had a conversation in 17 conference about a week and a half ago about 18 what makes us different. What makes us 19 different is because we fight for the folks 20 that Tom is talking about. We take up the 21 causes that are not easy, they're not popular. 22 Especially when you are one of -- you know, a 23 Democrat. We take up these issues that aren't 24 so sexy, that are not safe. They're not cool.

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(518) 371-8910 1 And I know, I know how that is. I 2 do it all the time. The issues that make 3 people uncomfortable. Oh, here they come with 4 the tree-hugger issue or social justice or 5 economic justice. And it's unfortunate. 6 Because the issues that you talk about, 7 whether it's dealing with folks who are 8 affected, infected, or impacted, on a whole 9 host of issues it's not easy. Even the folks 10 on that side of the aisle have the same -- we 11 all have a similar problem with some of the 12 same issues. And that's why we got involved 13 with this. 14 But sometimes we get so caught up 15 in our two minutes of fame that we sometimes 16 lose sight of why we first ran for office and 17 why we ran for the Senate. 18 So I commend you for that. Because 19 this last 30 to 45 days for me has reminded me 20 why we take up these progressive issues, why 21 we fight for the people we fight for. And why 22 we do the things that we do so that they know 23 that they have a voice here. Whether they are 24 people who have just come to America or people

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(518) 371-8910 1 who have been shut out in America. Or people 2 who believe that the dream would touch them. 3 Because you know what? Just 4 because Obama is president, that doesn't mean 5 the people on the main streets and side 6 streets are feeling a lot better right now. 7 So they look to all of us to make sure that we 8 don't lose sight of that because we have 9 bigger offices and people call us Mr. Senator 10 or Mrs. Senator or Miss Senator. We have a 11 responsibility. 12 And, Tom, I appreciate it. Yes, 13 tonight is long. But you know what? I think 14 it was an important message. And we can't 15 ever lose sight of it. This is why so many 16 great people have come through these chambers, 17 so that we can make good public and 18 progressive public policy. That's what this 19 is all about. And we can't ever lose sight of 20 that and get so caught up in our rugged 21 individualism which has so often crippled 22 America. We can do better, and we will do 23 better. 24 Thank you.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Thank you, Senator. 3 Senator Alesi. 4 SENATOR ALESI: Thank you, Madam 5 President. 6 Senator Duane, would you be kind 7 enough to yield for a brief question? 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Duane, will you yield for a question? 10 SENATOR DUANE: Yes, Madam 11 President. 12 SENATOR ALESI: We know each 13 fairly well; I think that goes without saying. 14 Through you, Madam President, Senator Duane 15 and I have had a lot of conversations about 16 this subject. 17 We've never had the opportunity to 18 discuss the thing that is in this bill, the 19 housing crisis for those people who are on 20 public assistance and the cost to them of 21 sustaining themselves. All of the things that 22 you spoke so passionately about comes down to 23 what's in this bill. 24 And the bill simply asks that those

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(518) 371-8910 1 people who are described as being on public 2 assistance, living in sustained housing 3 circumstances, not be required to pay more 4 than 30 percent of their earned or unearned 5 income, as I understand it. Am I correct in 6 that? 7 SENATOR DUANE: (Nodding.) 8 SENATOR ALESI: Through you, 9 Madam President, will the Senator continue to 10 yield? 11 ACTING PRESIDENT STEWART-COUSINS: 12 Will you continue to yield, Senator Duane? 13 SENATOR DUANE: Yes, Madam 14 President. 15 SENATOR ALESI: Senator, I 16 embrace everything that you said. Having said 17 that, and setting that aside, is there any 18 other disease or any other circumstance where 19 someone on public assistance who is living in 20 a sustained or assisted living situation 21 that's described in this bill, are they 22 guaranteed that they will not have to spend 23 more than 30 percent of their earned or 24 unearned income to sustain themselves? Are

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(518) 371-8910 1 there any other health circumstances -- Madam 2 President, this is a very sensitive issue. 3 I'm trying to be sensitive; I'm trying to 4 frame my question. So I apologize for the 5 interruption, Senator. 6 Are there any other circumstances? 7 None? 8 SENATOR DUANE: Through you, 9 Madam President. No, there aren't. 10 And the problem is compounded 11 because if you've been diagnosed with cancer 12 or MS or if you've had an amputation or a 13 whole host of other terrible health 14 problems -- I'm not saying it's easy. But 15 because it's so difficult for these people to 16 find a place to live, if they are lucky enough 17 to find a place in a private accommodation, 18 this is the circumstance that they find 19 themselves in. 20 And there is no other group in the 21 State of New York that is required to pay more 22 than 30 percent of their income for rent. And 23 that money doesn't go back, that money -- it 24 just leaves them destitute.

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(518) 371-8910 1 SENATOR ALESI: Madam President, 2 will Senator Duane continue to yield. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Duane, do you continue to yield? 5 SENATOR DUANE: Yes, Madam 6 President. 7 SENATOR ALESI: Again, I would 8 simply remind you of our personal friendship 9 and our relationship and our discussions and 10 remind the body that on a daily basis we share 11 not only these chambers, but we share the 12 members lounge, we eat together, we drink 13 together, we talk together, we visit, and we 14 come into contact with each over in a very 15 normal way in these circumstances. 16 And I believe that we are all good 17 and close friends. And I don't notice and I 18 haven't experienced any circumstances where 19 the kind of bias that you describe has been 20 displayed here, at least obviously. 21 I consider you a friend. And as I 22 said earlier, I embrace the issues that you 23 talked about, and I truly appreciate your 24 passion.

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(518) 371-8910 1 I simply asked the question because 2 to be fair, to be fair to all of those other 3 people who might have another disease, how do 4 we not offer them the same kind of thing that 5 you're proposing here? 6 And so when I cast my vote, I'll 7 have to weigh that. And in doing that, it 8 will have no bearing, Senator, at all on the 9 issue of bias. And I hope that you'll 10 understand that. 11 Thank you, Madam President. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Thank you, Senator. 14 Are there any other Senators 15 wishing to be heard on the bill before us? 16 SENATOR ADAMS: Yes, Madam 17 President. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Adams. 20 SENATOR ADAMS: First, I want to 21 thank you, Senator Duane. I don't know those 22 who suffer from cancer that are not allowed to 23 swim in swimming pools. I don't know people 24 who have asthma that are not allowed to rent

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(518) 371-8910 1 apartments. I don't know people who have 2 lupus that are told to wash their glass after 3 they drink. 4 So no other individuals who suffer 5 from diseases don't have the benefit that 6 Senator Duane is talking about, but they too 7 do not go through the stigma that is 8 associated with AIDS. 9 Last year -- or early this year, I 10 should say, while I was here in the Senate, my 11 building burned down. And I rushed to return 12 back to Brooklyn because I have three 13 apartments in that building. Each one of 14 those apartments are rented to individuals who 15 are HIV-positive. And I promised them from 16 the day they moved in I would never raise 17 their rent, I would make sure they have a 18 place to stay. 19 And I'm hoping within the next few 20 days that they will finish fixing the building 21 so they can return home, because I know what 22 they go through. 23 So no, this is not a benefit that 24 is extended to others. But others don't go

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(518) 371-8910 1 through those who are inflicted with HIV or 2 who have AIDS. It's very real. And only a 3 person that can't see that would ever feel the 4 impact that it does to individuals and their 5 families. 6 So I commend you for this bill, and 7 I will be voting in the positive. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Thank you, Senator. 10 Are there any other Senators 11 wishing to speak on the bill? 12 Hearing none, the debate is closed. 13 The Secretary will please ring the 14 bells. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator DeFrancisco, to explain his vote. 23 SENATOR DeFRANCISCO: Yes, I'm 24 going to vote in favor of this bill. And

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(518) 371-8910 1 basically a lot was based upon what Senator 2 Duane had said. 3 As I listened to the debate, in 4 many instances I changed my mind as to my 5 initial opinion. And that's true as late as 6 today, when another Senator Duane bill was on 7 the floor that I had laid aside. He came 8 over, gave me an explanation, I took off the 9 lay-aside, and we went ahead and proceeded. 10 Secondly, this is a very unusual 11 night because the Majority does not have 12 enough people to pass any bills today. 13 And the only thing I truly take 14 offense at is the fact that somehow we're 15 being accused of wanting to kill a specific 16 bill or kill bills. We could have killed 17 every single bill that came on the floor 18 today. And we didn't do that. We based our 19 vote and are basing this vote on the merits of 20 the situation. And everybody has different 21 views of the merits of every case. 22 So I'm going to vote yes on this 23 bill, but I don't want anybody in the world to 24 think that I or anyone on this side of the

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(518) 371-8910 1 aisle is being pushed to vote yes because of 2 some embarrassment that somehow Senator Duane 3 got the concept that we were going to kill his 4 bill and that he's not afraid of us. 5 I'm going to always vote on the 6 merits, as I believe all of my colleagues are 7 here today, and I vote aye. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator DeFrancisco to be recorded in the 10 affirmative. 11 Senator Liz Krueger. 12 SENATOR LIZ KRUEGER: Thank you. 13 I rise to support the bill and thank you for 14 reminding many of us why we do come here every 15 day. Tom, thank you. 16 But in response to the question of 17 Senator Alesi, I think it's important to point 18 out that this is a bill for people who are 19 suffering with HIV/AIDS but who are also, by 20 definition, so poor that they need public 21 assistance. 22 And so in response to your 23 question, I would say if we were to take a 24 look at the population of people suffering

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(518) 371-8910 1 from chronic and crisis-like illnesses who 2 find themselves on public assistance, we 3 should ask ourselves a question: Are we 4 providing adequate income to many, many people 5 who are ill from many diseases in this state 6 and have to turn to the government for 7 assistance, for public assistance, for food 8 stamps, for healthcare? 9 And I think if we looked at the 10 question, we would know that the answer is no, 11 we're not doing enough for these people. 12 So I don't think the debate ought 13 to be why this for people with AIDS or HIV who 14 are poor, but why not, as a state, aren't we 15 looking at making sure we provide adequate 16 housing and healthcare and income for anyone 17 in the state who finds themselves desperate, 18 poor and sick? 19 I'm very proud to vote yes. Thank 20 you. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Liz Krueger to be recorded in the 23 affirmative. 24 Senator Duane, to explain his vote.

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(518) 371-8910 1 SENATOR DUANE: Madam President, 2 I just want to be as crystal-clear as 3 possible. 4 People living with HIV and AIDS are 5 the only class of people whose income is 6 capped at this low level. Other diseases, 7 people living on public assistance, they only 8 pay a third. It's only, in grotesque 9 unfairness, are people living with HIV and 10 AIDS limited in the amount of money they are 11 allowed to have each month. The rest is taken 12 away from them. So I just wanted to clarify 13 that. 14 And then the other thing I wanted 15 to say was thank you. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Announce the results. 18 SENATOR HANNON: I'd like to 19 explain my vote. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Hannon, to explain his vote. 22 SENATOR HANNON: When I first saw 23 this bill yesterday, it was in the Rules 24 Committee. I asked how much it cost. Senator

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(518) 371-8910 1 Duane didn't provide any information but just 2 gave a structural answer that he thought it 3 would save money because it would put people 4 in better circumstances. 5 And during this debate I've been 6 thinking about the 12-plus, 15-plus years that 7 I was chair of health, of all of the budgets 8 that we did, of the over $100 million a year 9 that we do to support people who have AIDS to 10 support them, to help them with medical 11 problems, help them with housing problems. 12 I presume that there are some 13 people in the circumstance the way Senator 14 Duane has outlined tonight that still have 15 plight. But I do not believe there is a study 16 out there, I do not believe there are 17 newspaper reports that show this to be 18 widespread. I have not seen that. 19 To bring up something with this 20 much emotion at the end of the session, 21 outside of the budget, without an 22 appropriation -- where it probably is great 23 for emotion but I don't know how factual it 24 is, I don't know how practical it is -- is

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(518) 371-8910 1 something I have an objection to. If it were 2 that much needed, it should have been worked 3 through, we should have done a supplemental 4 appropriation to the budget, we should get 5 actual assistance to people who need it. 6 I've worked, I've voted for people 7 who have AIDS, to better their lives, to 8 better their healthcare, to better their 9 circumstances. I believe it's an obligation 10 we have. I've put that test to mettle. And 11 I'm not sure this is the case tonight. I just 12 don't think I'm supporting this, because I 13 haven't seen the facts. 14 Thank you. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Hannon to be recorded in the negative. 17 Senator Schneiderman, to explain 18 his vote. 19 SENATOR SCHNEIDERMAN: Thank you, 20 Madam President. 21 I'm very proud to rise in support 22 of this bill. I will be voting yes. This 23 is -- I don't see how you can't support this 24 bill. I hear Senator Alesi, this doesn't

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(518) 371-8910 1 solve everyone's problems, but it solves a 2 very real problem for a lot of people. 3 And, Senator Hannon, there is a 4 study by Johns Hopkins on this specific issue, 5 and Senator Duane has a copy and will be glad 6 to provide you with it. 7 There is no question that in the 8 State of New York there are people suffering 9 under these circumstances, the combination of 10 disease and discrimination. We can do 11 something about it. Let's do something about 12 it tonight. 13 Thank you, Tom. Thanks to all of 14 you for supporting this. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Schneiderman to be recorded in the 17 affirmative. 18 Senator Lanza, to explain his vote. 19 SENATOR LANZA: Thank you, Madam 20 President. 21 I just want to say that like 22 everyone in the chamber tonight, I listened 23 very attentively to you, Senator Duane, and 24 heard your passion. And the vote I'm about to

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(518) 371-8910 1 cast, I will cast in a way that is in part 2 influenced by some of the things that you 3 talked about. 4 You talked about fairness. And I 5 just want to point out -- and I think you know 6 this in your heart -- I think it's unfair to 7 suggest that anyone in this chamber would vote 8 for or against something because they thought 9 it was funny. And I can assure you that no 10 one on either side of the aisle said that they 11 were going to do anything because it was a 12 Duane bill. In fact, if anything, the support 13 that I think there will be for this bill may 14 be because it's a Duane bill. 15 And so I'm going to vote in favor 16 of this, but I just wanted to point that out. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Lanza will be recorded in the 19 affirmative. 20 Senator Alesi, to explain his vote. 21 SENATOR ALESI: To explain my 22 vote, Madam President. 23 My colleagues, Senator Krueger, Liz 24 Krueger pointed out that we should probably be

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(518) 371-8910 1 looking at all of the diseases. And I think 2 that was exactly where I was going with my 3 questioning. Because we should be making a 4 more comprehensive approach to taking care of 5 those people who have living needs, who don't 6 have the resources to sustain themselves while 7 they're sick. 8 So yes, of course, we should be 9 doing that. But tonight we're presented with 10 a bill that specifically deals with HIV/AIDS. 11 It would be better if we could be 12 voting on a more comprehensive approach. That 13 goes without saying, although Senator Krueger 14 very adroitly brought that to our attention. 15 So I mentioned that my vote would 16 not be based on any form of bias, and it will 17 not be. But I will tell you this. I would 18 prefer to be voting on a bill that does not 19 single out a particular disease, although I 20 will vote in favor of this bill, as Senator 21 Duane probably could have predicted. But I'll 22 be doing it more as a statement rather than 23 something that is purely objective. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Senator Alesi to be recorded in the 2 affirmative. 3 Senator Flanagan, to explain his 4 vote. 5 SENATOR FLANAGAN: Thank you, 6 Madam President. 7 I'll try and be very brief. I want 8 to associate myself with the remarks made by 9 Senator Alesi. This is -- it's frustrating, 10 it's enlightening. 11 And in listening to the comments 12 from Senator Duane in particular, Senator 13 Duane, there is a lot of affection for you in 14 this chamber, because most of us were worried 15 that you were going to keel over in the course 16 of your comments. So fortunately, nothing 17 like that happened. 18 But I do take some offense to the 19 way the comments were raised. And I agree 20 with Senator Lanza that nobody thinks this is 21 funny. And I would only hasten to add that as 22 we look at all these issues and we deal with 23 things like this, we have talked about this 24 house and about the other house. And I tried

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(518) 371-8910 1 looking quickly at some of the background. 2 And, Senator Duane, at the 3 beginning of this, I was voting no. I've 4 changed my mind; I'm going to be voting yes. 5 But I would also say that for all 6 the things that are said negatively about the 7 Senate, we're passing this bill. And you're 8 right, we could kill this bill. We, the nasty 9 Republicans, quote, unquote, could kill this 10 bill. But that's not going to happen. 11 I just offer for everyone's 12 enlightenment that this bill has not passed in 13 the Assembly. It's been introduced since 14 January and sits in the Ways and Means 15 Committee. And when everyone seems to look at 16 that house as being the vanguard and the great 17 protector, it's this house -- and it's frankly 18 the members on both sides of the aisle -- that 19 are going to pass this bill. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Flanagan to be recorded in the 22 affirmative. 23 Senator Marcellino, to explain his 24 vote.

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(518) 371-8910 1 SENATOR MARCELLINO: Yes, Madam 2 President. Thank you. 3 I rise at this early hour of the 4 morning with about a three-hour ride ahead of 5 me. I should arrive on Long Island sometime 6 around the rush hour, where I will see my 7 wife, whom I haven't seen in a month. It's 8 our fortieth anniversary week. We had a 9 cruise planned. Needless to say, I didn't get 10 there. I'm here, doing my job. 11 Tom, you taught me something today. 12 One, you taught me you're very emotional. And 13 I thought I had seen just about everything, 14 but you showed me something. And I thought 15 there was no one in the world that could scare 16 me except my wife, and she's about 17 two-foot-three and hits like somebody your 18 height and weight. 19 I'd like to see a copy of that 20 study. I'd like to read it. And I think 21 perhaps it would be a good idea if you shared 22 it with all of us. 23 I leave my thoughts with Jim Alesi. 24 I wish we could be voting on a more

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(518) 371-8910 1 comprehensive situation and a bill that took 2 into consideration more of the diseases out 3 there where the impact might be similar. I 4 think we'd all feel better for it. 5 But in this case, this is what we 6 have to do to deal with. And I will be voting 7 in the affirmative. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Marcellino to be recorded in the 10 affirmative. 11 Announce the results. 12 THE SECRETARY: In relation to 13 Calendar Number 950: Ayes, 52. Nays, 1. 14 Senator Hannon recorded in the negative. 15 Absent from voting: Senators 16 Dilan, Huntley, McDonald and Onorato. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The bill is passed. 19 Senator Klein. 20 SENATOR KLEIN: Madam President, 21 can we at this time take up the supplemental 22 active list. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 307, Senator Monserrate moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 271A and substitute it 5 for the identical Senate Bill Number 3797, 6 Third Reading Calendar 307. 7 SENATOR KLEIN: Lay the bill 8 aside for the day. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 345, by Member of the Assembly Weinstein, 13 Assembly Print Number -- 14 SENATOR KLEIN: Lay the bill 15 aside for the day. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is laid aside for the day. 18 THE SECRETARY: In relation to 19 Calendar Number 391, Senator Hassell-Thompson 20 moves to discharge, from the Committee on 21 Rules -- 22 SENATOR KLEIN: Lay the bill 23 aside for the day. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 The Secretary will make the substitution 2 first. 3 THE SECRETARY: Senator 4 Hassell-Thompson moves to discharge, from the 5 Committee on Rules, Assembly Bill Number 3664A 6 and substitute it for the identical Senate 7 Bill Number 4366A, Third Reading Calendar 391. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Substitution ordered. 10 The bill will be laid aside for the 11 day. 12 THE SECRETARY: Calendar Number 13 419, by Member of the Assembly Rosenthal, 14 Assembly Print Number 3378, an act to amend 15 the Social Services Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 180th day. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. Nays, 2 1. Senator Ranzenhofer recorded in the 3 negative. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 455, by Senator Monserrate, Senate Print 8 Number 4071, an act to amend the General 9 Business Law. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Read the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect on the 60th day. 14 SENATOR KLEIN: Lay the bill 15 aside for the day. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Lay the bill aside for the day. 18 The Secretary will continue to 19 read. 20 THE SECRETARY: Calendar Number 21 521, by Member of the Assembly Aubry, Assembly 22 Print Number 3766, an act to amend the 23 Correction Law. 24 SENATOR KLEIN: Lay the bill

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(518) 371-8910 1 aside for the day. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is laid aside for the day. 4 THE SECRETARY: In relation to 5 Calendar Number 556, Senator Breslin moves to 6 discharge, from the Committee on Finance, 7 Assembly Bill Number 5049 and substitute it 8 for the identical Senate Bill Number 4809, 9 Third Reading Calendar 556. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 556, by Member of the Assembly Destito, 14 Assembly Print Number 5049, an act to amend 15 the Public Officers Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 567, by Senator Duane, Senate Print 3164A, an 6 act to amend the Public Health Law and others. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Read the last section. 9 THE SECRETARY: Section 28. This 10 act shall take effect immediately. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Announce the results. 16 Oh, Senator Maziarz, to explain his 17 vote. 18 SENATOR MAZIARZ: Madam 19 President, just to very, very briefly explain 20 my vote. 21 I think it's very fitting that we 22 should be ending this session -- I think this 23 is really the end of session -- voting for a 24 bill sponsored by Tom Duane, and hopefully

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(518) 371-8910 1 that Eric Schneiderman is going to support, 2 that's been endorsed by New York State Right 3 to Life Committee. 4 (Laughter.) 5 SENATOR MAZIARZ: And I just want 6 to acknowledge these two ladies who have sat 7 here all day waiting for this particular bill 8 to come up. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you. 11 Senator Duane, to explain his vote. 12 SENATOR DUANE: Thank you, Madam 13 President. 14 I just wanted to especially -- 15 well, thank a lot of people, but I'm not going 16 to, but in particular Senator Hannon for his 17 invaluable advice and wise counsel on helping 18 with this legislation. So thank you. 19 Thank you, Madam President. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Thank you, Senator Duane. 22 Announce the results. 23 THE SECRETARY: In relation to 24 Calendar Number 567: Ayes, 57. Nays, 0.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 Senator Smith, that concludes the 4 reading of the supplemental active list. 5 SENATOR SMITH: Yes, thank you, 6 Madam President. 7 Normally, Madam President, this 8 would be a time when we would make remarks 9 regarding the end of session for this year. 10 While we know this was an extraordinary year 11 for us, it is not over. 12 And I would say to my colleagues, 13 while I know you will be going home safely, 14 while we will be praying for each one of your 15 families, please note that there is much more 16 business for us to do. We will probably be 17 back in these chambers sometime between now 18 and the end of the year. And at that time 19 will be a time for the appropriate 20 end-of-session comments. 21 So please note that this is not the 22 end of session for this year. While we know 23 that this is the end during this summer, we 24 will be back sometime between now and the fall

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(518) 371-8910 1 to conduct some other business. 2 Is there any other further business 3 at the desk, Madam President? 4 I ask that the bills that are 5 remaining or that are outstanding on the 6 calendar be recommitted to the Committee on 7 Rules. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator, the desk is clear. The outstanding 10 bills will be recommitted to the Committee on 11 Rules. 12 SENATOR SMITH: There being no 13 further business, I ask that we adjourn this 14 session at the call of the Temporary 15 President, intervening days to be legislative 16 days. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The Senate is adjourned at the call of the 19 Temporary President, intervening days to be 20 legislative days. 21 (Whereupon, at 4:07 a.m., the 22 Senate adjourned.) 23 24

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(518) 371-8910