Wednesday, April 14, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 14, 2010 11 11:46 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CRAIG JOHNSON, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The invocation will be delivered by the 11 Reverend Peter G. Young, Mother Teresa 12 Community, Albany. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 As we have just pledged allegiance 16 to the American Flag, we must recall that 17 New York State had the honor of being the 18 first to proudly display it as a symbol of our 19 freedom. 20 New Yorkers saw the christening of 21 the American Flag when the Stars and Stripes 22 were flown in battle at the defense of Fort 23 Stanwix, in Rome. 24 It is with great pride that we are 25 able here to serve as Senators in this

Candyco Transcription Service, Inc. 1 patriotic tradition and as the elected leaders 2 to fulfill Your call, O God. 3 The leadership of all of these 4 citizens depends on our, quote, quality of 5 care for them. We pray that you will be 6 dedicated and commit yourselves to the call of 7 God to serve them. 8 Amen. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Thank you. 11 The reading of the Journal. 12 The Secretary will read. 13 THE SECRETARY: In Senate, 14 Tuesday, April 13, the Senate met pursuant to 15 adjournment. The Journal of Monday, April 12, 16 was read and approved. On motion, Senate 17 adjourned. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Without objection, the Journal stands approved 20 as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 24 Reports of standing committees. 25 Reports of select committees.

Candyco Transcription Service, Inc. 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, 6 please place a sponsor's star on Calendar 7 Number 341. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 So ordered. 10 Senator Klein. 11 SENATOR KLEIN: On behalf of 12 Senator Squadron, on page number 13 I offer 13 the following amendments to Calendar Number 14 133, Senate Print Number 6141A, and ask that 15 said bill retain its place on Third Reading 16 Calendar. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 So ordered. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, I 21 believe there are substitutions at the desk. 22 I ask that you make the substitutions at this 23 time. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The Secretary will read the substitutions.

Candyco Transcription Service, Inc. 1 THE SECRETARY: On page 22, 2 Senator LaValle moves to discharge, from the 3 Committee on Local Government, Assembly Bill 4 Number 3824 and substitute it for the 5 identical Senate Bill Number 2053, Third 6 Reading Calendar 326. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Substitution ordered. 9 THE SECRETARY: On page 22, 10 Senator Volker moves to discharge, from the 11 Committee on Codes, Assembly Bill Number 1069 12 and substitute it for the identical Senate 13 Bill Number 2721, Third Reading Calendar 328. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Substitution ordered. 16 THE SECRETARY: On page 23, 17 Senator Hassell-Thompson moves to discharge, 18 from the Committee on Crime Victims, Crime and 19 Correction, Assembly Bill Number 8613 and 20 substitute it for the identical Senate Bill 21 Number 5774, Third Reading Calendar 333. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Substitution ordered. 24 THE SECRETARY: And on page 24, 25 Senator Volker moves to discharge, from the

Candyco Transcription Service, Inc. 1 Committee on Judiciary, Assembly Bill Number 2 9070 and substitute it for the identical 3 Senate Bill Number 7170, Third Reading 4 Calendar 344. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Substitution ordered. 7 Senator Klein. 8 SENATOR KLEIN: A little out of 9 order, Mr. President. I believe there's a 10 resolution at the desk by Senator Addabbo. I 11 ask that the title of the resolution be read 12 and move for its immediate adoption. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Klein, has this resolution been deemed 15 privileged and submitted by the office of the 16 Temporary President? 17 SENATOR KLEIN: Yes, it has, 18 Mr. President. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The Secretary will read. 21 THE SECRETARY: By Senator 22 Addabbo, legislative resolution memorializing 23 Governor David A. Paterson to proclaim 24 April 17, 2010, as Jacob A. Riis Day in the 25 State of New York, world-renowned

Candyco Transcription Service, Inc. 1 Danish-American journalist and social 2 documentary photographer. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Are there any Senators that wish to be heard 5 on the resolution? 6 The question is on the resolution. 7 All those in favor please signify by saying 8 aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The resolution is adopted. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 there will be an immediate meeting of the 18 Finance Committee, followed by an immediate 19 meeting of the Rules Committee in Room 124 of 20 the Capitol. I repeat, Room 124 of the 21 Capitol. 22 Pending the return of the Rules 23 Committee, can we please stand at ease. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 There will be an immediate meeting of the

Candyco Transcription Service, Inc. 1 Finance Committee, followed by an immediate 2 meeting of the Rules Committee in Room 124 of 3 the Capitol. 4 Pending the return of the Rules 5 Committee, the Senate will stand at ease. 6 (Whereupon, the Senate stood at 7 ease at 11:51 a.m.) 8 (Whereupon, the Senate reconvened 9 at 12:32 p.m.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, I 13 believe there's a report of the Rules 14 Committee at the desk. I move that we adopt 15 the report at this time. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Klein, there is a report of the Rules 18 Committee at the desk. 19 The Secretary will read. 20 THE SECRETARY: Senator Smith, 21 from the Committee on Rules, reports the 22 following bill direct to third reading: 23 Assembly Print 10238A, by Member of 24 the Assembly Towns, an act to amend Chapter 25 298 of the Laws of 1985, amending the Tax Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 All those in favor of adopting the Rules 3 Committee report please signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The Rules Committee report is adopted. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, at 12 this time can we please go to a reading of the 13 calendar. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 33, by Senator L. Krueger, Senate Print 4960B, 18 an act to amend the Election Law. 19 SENATOR KLEIN: Mr. President, 20 upon unanimous consent, I ask that the roll be 21 opened for the nine bills on the calendar so 22 that Senator Bonacic and Senator Diaz can vote 23 on each bill. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Without objection, Senator Klein.

Candyco Transcription Service, Inc. 1 The Secretary will read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of January 5 next succeeding. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 SENATOR DIAZ: Si. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Bonacic. 12 SENATOR BONACIC: Thank you, 13 Mr. President. 14 On Senator Krueger's bill, Senate 15 4960B, I'd like to be recorded in the 16 negative. On Senator Addabbo's bill -- 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Bonacic, one second. 19 SENATOR LIBOUS: If you could 20 just -- we're opening the roll on Calendar 21 Number 33 only. If you could vote on that, 22 please. 23 SENATOR BONACIC: Okay. This is 24 a first for me. Okay? 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Thank you, Senator Bonacic. 2 SENATOR LIBOUS: It is for some 3 of us also. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Bonacic will be recorded in the 6 negative. 7 Senator Diaz will be recorded in 8 the affirmative. 9 SENATOR LIBOUS: Lay the bill 10 aside. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The roll is withdrawn and the bill is laid 13 aside. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Calendar Number 17 65, by Member of the Assembly Galef, Assembly 18 Print Number 5276B, an act to amend the 19 Election Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Bonacic. 4 SENATOR BONACIC: In the 5 negative. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Bonacic will be recorded in the 8 negative. 9 Senator Diaz. 10 SENATOR DIAZ: Yes. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Diaz will be recorded in the 13 affirmative. 14 SENATOR LIBOUS: Lay the bill 15 aside. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The roll is withdrawn, and the bill is laid 18 aside. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 66, by Member of the Assembly Kavanagh, 22 Assembly Print Number 4015A, an act to amend 23 the Election Law. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Bonacic. 8 SENATOR BONACIC: In the 9 negative. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Bonacic will be recorded in the 12 negative. 13 Senator Diaz. 14 SENATOR DIAZ: Yes. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Diaz will be recorded in the 17 affirmative. 18 SENATOR LIBOUS: Lay the bill 19 aside. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The roll is withdrawn, and the bill is laid 22 aside. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 177, by Senator Stavisky, Senate Print 1736B,

Candyco Transcription Service, Inc. 1 an act to amend the Education Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Bonacic. 11 SENATOR BONACIC: In the 12 negative. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Bonacic will be recorded in the 15 negative. 16 Senator Diaz. 17 SENATOR DIAZ: Yes. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Diaz will be recorded in the 20 affirmative. 21 SENATOR LIBOUS: Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Yes, Senator Libous. 24 SENATOR LIBOUS: If it's okay 25 with Senator Klein, on these three bills we

Candyco Transcription Service, Inc. 1 could do the fast roll call and we don't have 2 to open the roll and then we'll keep moving 3 forward. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The roll is withdrawn and the bill is laid 6 aside. 7 The Secretary will continue to 8 read. 9 THE SECRETARY: Calendar Number 10 206, by Senator Bonacic, Senate Print 6039, an 11 act to amend the Tax Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 SENATOR BONACIC: Yes. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Bonacic will be recorded in the 22 affirmative. 23 Senator Diaz. 24 SENATOR DIAZ: Yes. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Diaz will be recorded in the 2 affirmative. 3 The roll is withdrawn. The bill is 4 laid aside. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 236, by Senator Addabbo, Senate Print 6910, an 8 act to amend the Election Law. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 SENATOR BONACIC: Yes. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Bonacic will be recorded in the 19 affirmative. 20 Senator Diaz. 21 SENATOR DIAZ: Yes. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Diaz will be recorded in the 24 affirmative. 25 The roll is withdrawn, and the bill

Candyco Transcription Service, Inc. 1 is laid aside. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 268, by Member of the Assembly Dendekker, 5 Assembly Print Number 8530E, an act to amend 6 the Criminal Procedure Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 6. This 10 act shall take effect on the 60th day. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 SENATOR BONACIC: In the 16 negative. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Bonacic will be recorded in the 19 negative. 20 Senator Diaz. 21 SENATOR DIAZ: Yes. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Diaz will be recorded in the 24 affirmative. 25 The roll is withdrawn, and the bill

Candyco Transcription Service, Inc. 1 is laid aside. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 304, by Senator Addabbo, Senate Print 3252, an 5 act to amend the Election Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the first of January 10 next succeeding. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 SENATOR BONACIC: Yes. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Bonacic will be recorded in the 17 affirmative. 18 Senator Diaz. 19 SENATOR DIAZ: Yes. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Diaz will be recorded in the 22 affirmative. 23 The roll is withdrawn. The bill is 24 laid aside. 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 328, substituted earlier today by Member of 3 the Assembly Destito, Assembly Print Number 4 1069, an act to amend the Penal Law. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Call the roll. 11 (The Secretary called the roll.) 12 SENATOR BONACIC: Yes. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Bonacic will be recorded in the 15 affirmative. 16 Senator Diaz. 17 SENATOR DIAZ: Yes. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Diaz will be recorded in the 20 affirmative. 21 The roll is withdrawn. The bill is 22 laid aside. 23 We will now call a reading of the 24 supplemental calendar for the same purposes. 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 386, by Member of the Assembly Towns, Assembly 3 Print Number 10238A, an act to amend 4 Chapter 298 of the Laws of 1985, amending the 5 Tax Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 SENATOR BONACIC: Yes. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Bonacic will be recorded in the 16 affirmative. 17 Senator Diaz. 18 SENATOR DIAZ: Yes. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Diaz will also be recorded in the 21 affirmative. 22 The roll is withdrawn. The bill is 23 laid aside. 24 We will now be moving to a reading 25 of the noncontroversial calendar in its

Candyco Transcription Service, Inc. 1 entirety. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 33, by Senator L. Krueger, Senate Print 4960B, 5 an act to amend the Election Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect -- 10 SENATOR LIBOUS: Lay it aside. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is laid aside. 13 The Secretary will continue. 14 THE SECRETARY: Calendar Number 15 65, by Member of the Assembly Galef, Assembly 16 Print Number 5276B, an act to amend the 17 Election Law. 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is laid aside. 21 The Secretary will continue to 22 read. 23 THE SECRETARY: Calendar Number 24 66, by Member of the Assembly Kavanagh, 25 Assembly Print Number 4015A, an act to amend

Candyco Transcription Service, Inc. 1 the Election Law. 2 SENATOR LIBOUS: Lay it aside. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is laid aside. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Calendar Number 8 177, by Senator Stavisky, Senate Print 1736B, 9 an act to amend the Education Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 177 are 21 Senators Alesi, Bonacic, DeFrancisco, Farley, 22 Flanagan, Fuschillo, Griffo, Hannon, 23 O. Johnson, Lanza, Larkin, LaValle, Leibell, 24 Libous, Little, Marcellino, McDonald, 25 Nozzolio, Padavan, Ranzenhofer, Saland,

Candyco Transcription Service, Inc. 1 Seward, Skelos, Volker, Winner and Young. 2 Ayes, 36. Nays, 26. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 206, by Senator Bonacic, Senate Print 6039, an 8 act to amend the Tax Law. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Announce the results. 18 THE SECRETARY: Ayes, 62. Nays, 19 0. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Calendar Number 25 236, by Senator Addabbo, Senate Print 6910, an

Candyco Transcription Service, Inc. 1 act to amend the Election Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 62. Nays, 12 0. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 268, by Member of the Assembly Dendekker, 18 Assembly Print Number 8530E, an act to amend 19 the Criminal Procedure Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 6. This 23 act shall take effect on the 60th day. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Can the Senators who are voting in the 4 negative please raise your hands so that your 5 vote can be counted? Thank you. 6 Announce the results, please. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 268 are 9 Senators Bonacic, DeFrancisco, Farley, 10 Flanagan, Fuschillo, Golden, Griffo, Hannon, 11 O. Johnson, Larkin, LaValle, Leibell, Libous, 12 Marcellino, Maziarz, McDonald, Morahan, 13 Nozzolio, Seward and Skelos. Also Senator 14 Ranzenhofer. Also Senator Volker. Also 15 Senator Saland. And also Senator Young. Also 16 Senator Little. Also Senator Winner. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Announce the results, please. 19 THE SECRETARY: Ayes, 36. Nays, 20 26. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is passed. 23 The Journal Clerk is requesting 24 that when members are voting in the negative 25 to please keep your hands up long enough so

Candyco Transcription Service, Inc. 1 they can count you accurately and report the 2 results accurately. Thank you. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 304, by Senator Addabbo, Senate Print 3252, an 6 act to amend the Election Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the first of January 11 next succeeding. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 62. Nays, 18 0. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 328, by Member of the Assembly Destito, 24 substituted earlier today, Assembly Print 25 Number 1069, an act to amend the Penal Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Seward, to explain his vote. 10 SENATOR SEWARD: Yes, thank you, 11 Mr. President. 12 This legislation -- which would 13 include firearms silencers within the current 14 exemption that exists for activities such as 15 manufacture and repair of certain firearms 16 which are otherwise prohibited in New York 17 State -- is very, very important to my 18 district. 19 I'm very proud to be the home of 20 Remington Arms, in Ilion, Herkimer County. We 21 have a number of representatives of the union 22 with us today that represent the workers at 23 that plant. 24 There are close to 1,000 jobs at 25 that plant, and we hope to have more. And the

Candyco Transcription Service, Inc. 1 passage of this legislation will help us in 2 that effort. 3 So I appreciate the leadership of 4 Senator Volker, the prime sponsor of the bill. 5 I'm proud to be a cosponsor, along with 6 Senator Griffo. And I appreciate the support 7 of my colleagues for this important 8 legislation. It's a jobs bill, and we're very 9 pleased to see its passage. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you very much, Senator Seward. 12 Announce the results. 13 THE SECRETARY: Ayes, 62. Nays, 14 0. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 Senator Klein, that completes the 18 reading of the noncontroversial calendar. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, at 21 this time can we please go to a reading of the 22 controversial calendar. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The Secretary will ring the bell. Members are 25 all asked to come to the chamber for the

Candyco Transcription Service, Inc. 1 controversial reading of the calendar. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 33, by Senator L. Krueger, Senate Print 4960B, 5 an act to amend the Election Law. 6 SENATOR LIBOUS: Explanation. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Krueger, an explanation has been 9 requested by Senator Libous. 10 SENATOR LIZ KRUEGER: Thank you 11 very much, Senator Libous. 12 This legislation allows voters to 13 request an absentee ballot application by fax. 14 It will substantially improve the absentee 15 ballot process by reducing the time it takes 16 voters to get the application for their 17 absentee ballot, while making it easier for 18 them, those who are out of town or abroad, 19 including military personnel, to return their 20 absentee ballots in a timely fashion and be 21 counted. 22 This will enable more eligible 23 voters to cast a ballot on Election Day. We 24 estimate that thousands more voters will have 25 received their absentee ballots on time,

Candyco Transcription Service, Inc. 1 particularly personnel who are involved with 2 the military or associated organizations out 3 of the country who already are being delayed 4 in their ability to get their ballots back on 5 time. 6 And we believe that really nothing 7 is more important than making sure that every 8 registered, legal voter has the ability to 9 vote in our elections here in New York State 10 if they have no ability to get to the polls on 11 Voting Day. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Are there any Senators wishing to be heard on 14 the bill? 15 Hearing none, the debate is closed. 16 The Secretary will please ring the bells. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of January 20 next succeeding. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 33 are 3 Senators Alesi, Bonacic, Farley, Flanagan, 4 Fuschillo, Golden, Griffo, Hannon, Lanza, 5 Larkin, LaValle, Leibell, Marcellino, Maziarz, 6 Nozzolio, Ranzenhofer, Robach, Saland, Seward, 7 Skelos, Volker and Young. 8 Ayes, 40. Nays, 22. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The bill is passed. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 65, by Member of the Assembly Galef, Assembly 14 Print Number 5276B, an act to amend the 15 Election Law. 16 SENATOR LIBOUS: Read the last 17 section. 18 SENATOR MAZIARZ: Read the last 19 section. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The Secretary will ring the bell. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 65 are 7 Senators Alesi, Bonacic, DeFrancisco, Farley, 8 Flanagan, Golden, Griffo, Hannon, O. Johnson, 9 Lanza, Larkin, LaValle, Leibell, Libous, 10 Marcellino, Maziarz, McDonald, Nozzolio, 11 Padavan, Ranzenhofer, Robach, Saland, Seward, 12 Skelos, Volker, Winner and Young. 13 Ayes, 35. Nays, 27. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is passed. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 66, by Member of the Assembly Kavanagh, 19 Assembly Print Number 4015A, an act to amend 20 the Election Law. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Fuschillo. 23 SENATOR FUSCHILLO: Mr. 24 President, will the sponsor yield for a quick 25 question?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Klein, will you yield for a question 3 from Senator Fuschillo? 4 SENATOR KLEIN: Yes, 5 Mr. President. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Thank you. 8 Senator Fuschillo. 9 SENATOR FUSCHILLO: Senator 10 Klein, just a quick question. On page number 11 2 of the bill -- 12 SENATOR KLEIN: I'm sorry, 13 Mr. President, I'm having a hard time hearing 14 Senator Fuschillo. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Will there please be some order in the 17 chamber. 18 Senator Fuschillo. 19 SENATOR FUSCHILLO: Senator 20 Klein, I just have a quick question. 21 On page number 2 of the bill, it 22 states here: "If a voter has cast a ballot in 23 an affidavit ballot envelope on which such 24 voter claims a party enrollment different from 25 the enrollment in the records in the Board of

Candyco Transcription Service, Inc. 1 Elections, such affidavit shall be treated as 2 an application for a change of enrollment." 3 Would that take effect immediately? 4 And also, would that person's vote count 5 immediately? 6 SENATOR KLEIN: It doesn't change 7 the deadline, and it just gives the person the 8 opportunity to change their party affiliation 9 for the next election. 10 SENATOR FUSCHILLO: Changes it 11 for the next election? 12 SENATOR KLEIN: That's correct. 13 SENATOR FUSCHILLO: Would the 14 sponsor yield for another question? 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Klein, will you continue to yield? 17 SENATOR KLEIN: Yes, 18 Mr. President. 19 Senator Fuschillo. 20 SENATOR FUSCHILLO: So if they're 21 a Democrat and they change to a Republican at 22 that moment, that would serve as an 23 application and as a ballot to vote? 24 SENATOR KLEIN: Well, let me just 25 back up and describe what the bill does.

Candyco Transcription Service, Inc. 1 We all know there's affidavit 2 ballots. In many cases someone shows up at 3 their correct polling place, the inspectors 4 can't find them in the book, so they give them 5 the affidavit ballot. And at the end of the 6 day, that person never knows whether their 7 vote was counted or whether or not they're 8 truly registered to vote, so of course as 9 somebody to continuously go back and not find 10 themselves in the book. 11 This would allow us to put on the 12 back of an affidavit ballot a voter 13 registration form. So when they fill out 14 their affidavit ballot and they register, it's 15 submitted. And of course it's not counted for 16 that election if they're not registered, but 17 the registration would take place and qualify 18 for the next election. 19 And they also would have the 20 ability to also change their enrollment -- 21 again, for the next election. Not for the 22 election that they wouldn't be registered for. 23 SENATOR FUSCHILLO: Through you, 24 Mr. President, that was going to be my next 25 question.

Candyco Transcription Service, Inc. 1 Thank you, Senator Klein. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Thank you. 4 Senator Hannon, why do you rise? 5 SENATOR HANNON: I have a 6 question. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Klein, will you yield to Senator 9 Hannon for a question? 10 SENATOR KLEIN: Yes, 11 Mr. President. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Thank you. 14 Senator Hannon. 15 SENATOR HANNON: Just -- I want 16 to get the sequence. The enrollment change 17 doesn't take effect until after the next 18 election? 19 SENATOR KLEIN: That's correct, 20 Mr. President. 21 SENATOR HANNON: Thank you. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Any other Senators wishing to be heard? 24 Hearing none, debate is closed. 25 The Secretary will ring the bells.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 66 are 11 Senators Bonacic, DeFrancisco, Farley, 12 Flanagan, Golden, O. Johnson, Larkin, LaValle, 13 Leibell, Libous, Marcellino, Maziarz, 14 McDonald, Nozzolio, Ranzenhofer, Seward, 15 Skelos and Volker. Also Senator Young. Also 16 Senator Alesi. 17 Ayes, 42. Nays, 20. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 Senator Klein, that completes the 21 controversial reading of the calendar. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, at 24 this time can we go to a reading of the 25 supplemental calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 386, by Member of the Assembly Towns, Assembly 5 Print Number 10238A, an act to amend 6 Chapter 298 of the Laws of 1985, amending the 7 Tax Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 Senator Klein, that completes the 21 reading of the noncontroversial supplemental 22 calendar. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, at 25 this time can we go back to motions and

Candyco Transcription Service, Inc. 1 resolutions. 2 First, there's a resolution at the 3 desk by Senator Hassell-Thompson. I ask that 4 the title of the resolution be read and move 5 for its immediate adoption. 6 And then Senator Libous has some 7 housekeeping motions. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Returning to the order of motions and 10 resolutions. 11 Senator Klein, has this resolution 12 been deemed privileged and submitted by the 13 office of the Temporary President? 14 SENATOR KLEIN: Yes, it has, 15 Mr. President. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The Secretary will read. 18 THE SECRETARY: By Senator 19 Hassell-Thompson, legislative resolution 20 commemorating the 51st Anniversary of the 21 Westchester Alumnae Chapter of Delta Sigma 22 Theta Sorority, Inc. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Hassell-Thompson. 25 SENATOR HASSELL-THOMPSON: Thank

Candyco Transcription Service, Inc. 1 you, Mr. President. Just a moment I would 2 like to thank all of my colleagues for their 3 support for this legislation. 4 The Delta Sigma Theta is a 5 sorority, as you have heard, of long standing. 6 And the thing that makes them valuable is the 7 volunteerism that they give to a range of 8 services within our communities. They have 9 been so participatory, most recently in the 10 census count and making sure that they go out 11 and be a part of the volunteer effort to 12 ensure that the count is accurate and 13 significantly higher than it was in 2000. 14 And they have also worked with our 15 schools in terms of support services for our 16 young people in each of our efforts to 17 continue to put the education dollars 18 necessary into our budgets. As this ability 19 to do so dwindles, their activities have 20 increased in terms of after-school programs, 21 tutorial programs, and the like. 22 They work with young women who are 23 at risk of being incarcerated and a variety of 24 other activities too many to name. 25 The important thing is that in

Candyco Transcription Service, Inc. 1 recognition of this monumental anniversary, I 2 felt that it would be appropriate for us to 3 put forth this resolution to congratulate them 4 for their many years of service to this 5 country -- because it is a national movement, 6 and across this country they continue to do 7 good works. 8 Thank you, Mr. President, for the 9 opportunity. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you very much, Senator Hassell-Thompson. 12 Are there any other Senators that 13 wish to be heard on the resolution? 14 Senator Montgomery. 15 SENATOR MONTGOMERY: Yes, thank 16 you, Mr. President. 17 I rise to thank my colleague 18 Senator Hassell-Thompson for introducing this 19 resolution. 20 And I just want to make note that 21 this is a sorority of women, African-American 22 primarily, who represent the most highly 23 recognized, educated, and professional women 24 of color in our nation. 25 And they were founded in

Candyco Transcription Service, Inc. 1 January 1913. Their first act as an 2 organization of Delta Sigma Theta women in the 3 city of Washington, D.C., was to participate 4 in the women's suffrage march. They have 5 certainly not stopped there. 6 It is a group of women that I'm 7 very familiar with. Even though we're just 8 celebrating the Westchester County chapter, 9 they really have chapters all over this 10 nation, and women who really have stepped up 11 and used their positions in America to help 12 advance the status of young people, especially 13 young women, in our nation. 14 And, Mr. President, unfortunately, 15 it is not the sorority of choice for me, 16 because I'm an Alpha Kappa Alpha woman. 17 (Laughter.) 18 SENATOR MONTGOMERY: However, I 19 cannot, I cannot say enough about the fact 20 that having my own experience as a soror, it 21 is so important and I'm so proud that I can 22 stand here and acknowledge this particular 23 group. I'm almost wearing their color today. 24 Didn't intend to, because I usually wear pink 25 and green.

Candyco Transcription Service, Inc. 1 However, today I commend and 2 celebrate the women, the sorors of the Delta 3 Sigma Theta Sorority. 4 Thank you, Mr. President. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Thank you very much, Senator Montgomery. 7 Senator Parker, on the resolution. 8 SENATOR PARKER: Thank you very 9 much, Mr. President. On the resolution. 10 I'm actually rising to add my voice 11 to those who are congratulating Delta Sigma 12 Theta Sorority. These women of distinction 13 have made a significant contribution not just 14 to New York State, but to this nation and 15 particularly to almost all of our communities. 16 There are many, many women who you 17 know of and have added, you know, to the 18 greatness of this state and the greatness of 19 this country and have really fought 20 particularly for progressive causes around 21 women, around African-Americans, around issues 22 of poverty. And really, we can't really say 23 enough about the service they have provided to 24 our communities. 25 And in particular I want to mention

Candyco Transcription Service, Inc. 1 one member of the sorority, former 2 Congresswoman Shirley Chisholm, who comes from 3 Brooklyn and who herself was a proud member of 4 the sorority. 5 We have members in the State 6 Legislature like Annette Robinson, also from 7 Brooklyn, who is a member of Delta Sigma 8 Theta. Many of the women who serve in our 9 communities in many capacities are alumnae, 10 including the clerk to the Senate, Lisa 11 Copeland, former city clerk to the City of 12 Mt. Vernon, also a member of Delta Sigma 13 Theta. And, you know, members of our staff. 14 This sorority has done a great deal 15 to prepare young women to be leaders in our 16 nation. And we have examples all around us. 17 And so to that, we want to just thank them and 18 give them all the encouragement to continue to 19 work on behalf of our communities. 20 Thank you, Mr. President. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Thank you very much, Senator Parker. 23 Any other Senators wishing to be 24 heard on the resolution? 25 The question is on the resolution.

Candyco Transcription Service, Inc. 1 All those in favor please signify by saying 2 aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The resolution is adopted. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, 11 can you please recognize Senator Libous. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. Do you recognize me? 16 ACTING PRESIDENT CRAIG JOHNSON: 17 I do recognize you, Senator. 18 SENATOR LIBOUS: Thank you, sir. 19 On behalf of Senator Volker, who's 20 right here, I move that the following bill be 21 discharged from its respective committee and 22 be recommitted with instructions to strike the 23 enacting clause. And that would be Senate 24 Print 3039A. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 So ordered, Senator Libous. 2 SENATOR LIBOUS: Thank you. 3 And, Mr. President, there will be a 4 Republican conference at 2:00 p.m. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 There will be a Republican conference at 7 2:00 p.m. in the Republican -- 8 SENATOR LIBOUS: -- Conference 9 Room. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 -- Republican Conference Room. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, 14 can you please recognize Senator Ruth 15 Hassell-Thompson for an announcement about the 16 Democratic conference. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Hassell-Thompson. 19 SENATOR HASSELL-THOMPSON: Thank 20 you, Mr. President. 21 I would like to announce at 1:30 22 there will be a meeting of the Majority in the 23 Majority Conference Room in 332. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 There will be a meeting of the Majority

Candyco Transcription Service, Inc. 1 Conference in the Majority Conference Room, 2 Room 332, at 1:30. 3 Senator Klein. 4 SENATOR KLEIN: In the meantime, 5 Mr. President, can we please stand at ease. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The Senate will stand at ease. 8 (Whereupon, the Senate stood at 9 ease at 1:22 p.m.) 10 (Whereupon, the Senate reconvened 11 at 2:42 p.m.) 12 ACTING PRESIDENT PARKER: Senator 13 Adams. 14 SENATOR ADAMS: Yes, 15 Mr. President. I move that we adjourn at the 16 call of the Temporary President, intervening 17 days being legislative days. 18 ACTING PRESIDENT PARKER: On 19 motion, the Senate stands adjourned at the 20 call of the Temporary President, intervening 21 days being legislative days. 22 (Whereupon, at 2:43 p.m., the 23 Senate adjourned.) 24 25

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