Thursday, June 10, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 10, 2010 11 12:01 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 19 SENATOR DAVID J. VALESKY, Acting President 20 ANGELO J. APONTE, Secretary 21 22 23 24 25

Candyco Transcription Service, Inc. 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, June 9, the Senate met pursuant to 19 adjournment. The Journal of Tuesday, June 8, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Thank you, 10 Mr. President. 11 First, on behalf of Senator Parker, 12 on page number 40 I offer the following 13 amendments to Calendar Number 518, Senate 14 Print Number 4291A, and ask that said bill 15 retain its place on Third Reading Calendar. 16 ACTING PRESIDENT VALESKY: The 17 amendments are received. 18 SENATOR KLEIN: On behalf of 19 Senator Craig Johnson, on page 38 I offer the 20 following amendments to Calendar Number 481, 21 Senate Print Number 6309A, and ask that said 22 bill retain its place on Third Reading 23 Calendar. 24 ACTING PRESIDENT VALESKY: 25 Amendments received.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, on 2 behalf of Senator Craig Johnson, I wish to 3 call up Print Number 7366, recalled from the 4 Assembly, which is now at the desk. 5 ACTING PRESIDENT VALESKY: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 421, by Senator C. Johnson, Senate Print 7366, 9 an act to amend the Real Property Tax Law. 10 ACTING PRESIDENT VALESKY: 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, I 13 now move to reconsider the vote by which this 14 bill was passed. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will call the roll on 17 reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 52. 20 SENATOR KLEIN: I now offer the 21 following amendments. 22 ACTING PRESIDENT VALESKY: The 23 amendments are received. 24 SENATOR KLEIN: Mr. President, on 25 behalf of Senator Huntley, I wish to call up

Candyco Transcription Service, Inc. 1 Print Number 3119B, recalled from the 2 Assembly, which is now at the desk. 3 ACTING PRESIDENT VALESKY: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 329, by Senator Huntley, Senate Print 3119B, 7 an act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT VALESKY: 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 now move to reconsider the vote by which this 12 bill was passed. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 52. 18 ACTING PRESIDENT VALESKY: 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, I 21 now offer the following amendments. 22 ACTING PRESIDENT VALESKY: The 23 amendments are received. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 believe there are substitutions at the desk. 2 I ask that we make the substitutions at this 3 time. 4 ACTING PRESIDENT VALESKY: There 5 are substitutions at the desk. 6 The Secretary will read. 7 THE SECRETARY: On page 36, 8 Senator Valesky moves to discharge, from the 9 Committee on Codes, Assembly Bill Number 2257B 10 and substitute it for the identical Senate 11 Bill Number 1606B, Third Reading Calendar 414. 12 On page 54, Senator Onorato moves 13 to discharge, from the Committee on Labor, 14 Assembly Bill Number 10126 and substitute it 15 for the identical Senate Bill Number 7808, 16 Third Reading Calendar 744. 17 And on page 54, Senator Sampson 18 moves to discharge, from the Committee on 19 Insurance, Assembly Bill Number 4916 and 20 substitute it for the identical Senate Bill 21 Number 4651, Third Reading Calendar 748. 22 ACTING PRESIDENT VALESKY: 23 Substitutions ordered. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 believe Senator Sampson has a resolution at 2 the desk. I ask that the title of the 3 resolution be read and move for its immediate 4 adoption. 5 ACTING PRESIDENT VALESKY: 6 Senator Klein, has this resolution been deemed 7 privileged and submitted by the office of the 8 Temporary President? 9 SENATOR KLEIN: Yes, it has, 10 Mr. President. 11 ACTING PRESIDENT VALESKY: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Sampson, legislative resolution memorializing 15 Governor David A. Paterson to proclaim June 13 16 through 20, 2010, as Men's Health Awareness 17 Week in the State of New York. 18 ACTING PRESIDENT VALESKY: The 19 question is on the resolution. All in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT VALESKY: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 resolution is adopted. 2 Senator Sampson has asked that it 3 be open for cosponsorship. Any Senator 4 wishing not to cosponsor the resolution should 5 notify the desk. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 believe Senator Breslin has a resolution at 9 the desk. I ask that the resolution be read 10 in its entirety and move for its immediate 11 adoption. 12 ACTING PRESIDENT VALESKY: 13 Senator Klein, has this resolution been deemed 14 privileged and submitted by the office of the 15 Temporary President? 16 SENATOR KLEIN: Yes, 17 Mr. President. 18 ACTING PRESIDENT VALESKY: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Breslin, legislative resolution commemorating 22 the 20th anniversary of the enactment of the 23 Americans with Disabilities Act of 1990. 24 "WHEREAS, Upon adoption of the 25 Americans with Disabilities Act of 1990, over

Candyco Transcription Service, Inc. 1 54 million Americans living with disabilities 2 were afforded broad protection against 3 discrimination; and 4 "WHEREAS, Before such time, 5 Americans living with disabilities faced 6 overwhelming barriers to employment, 7 transportation, public accommodations, public 8 services, and equal rights under the law; and 9 "WHEREAS, Such barriers to the 10 freedom of full participation in society 11 imposed staggering economic and social costs 12 on American society and undermined both our 13 efforts to educate, rehabilitate, and employ 14 individuals with disabilities, as well as 15 America's bedrock principles of fairness and 16 justice; and 17 "WHEREAS, In the face of such 18 injustice, we honored our fundamental moral 19 obligation to support and defend the most 20 vulnerable to discrimination and mistreatment; 21 and 22 "WHEREAS, The Americans with 23 Disabilities Act represented a giant leap 24 forward in empowering America's disabled 25 population to more fully participate in

Candyco Transcription Service, Inc. 1 society on equal footing and expanded freedom 2 of opportunity to all Americans bravely living 3 with disabilities; and 4 "WHEREAS, The Americans with 5 Disabilities Act established firm protections 6 in the workplace, prohibiting discrimination 7 in all employment practices, including job 8 application procedures, hiring, firing, 9 advancement, compensation, training and other 10 terms, conditions and privileges of 11 employment; and 12 "WHEREAS, The Americans with 13 Disabilities Act ensured that no individual 14 may be discriminated against on the basis of 15 disability with regards to the full and equal 16 enjoyment of the goods, services, facilities 17 or accommodations of any place of public 18 accommodation, including lodging, recreation, 19 transportation, education and dining 20 establishments; and 21 "WHEREAS, By affording such 22 protections, we enabled society to benefit 23 from the skills and talents of individuals 24 with disabilities and have made progress to 25 fuller, more productive lives for all

Candyco Transcription Service, Inc. 1 Americans; now, therefore, be it 2 "RESOLVED, That this legislative 3 body pause in its deliberations to commemorate 4 the 20th anniversary of the enactment of the 5 Americans with Disabilities Act of 1990; and 6 be it further 7 "RESOLVED, That our commitment to 8 New York's brave and enduring disabled 9 population is reaffirmed and strengthened in 10 the face of all that remains to be done to 11 more fully realize the goals of equal 12 opportunity, full participation, independent 13 living, and economic self-sufficiency for 14 those living with disabilities." 15 ACTING PRESIDENT VALESKY: 16 Senator Breslin. 17 SENATOR BRESLIN: Thank you, 18 Mr. President. 19 Today we celebrate the anniversary, 20 the 20th anniversary of the Americans with 21 Disabilities Act. It's hard to believe that 22 twenty years have passed. But it's probably 23 the most important piece of nondiscrimination 24 legislation other than the Civil Rights Act in 25 the last 70 years.

Candyco Transcription Service, Inc. 1 As the resolution points out, it 2 protects against discrimination in employment, 3 public services, transportation, 4 telecommunications, and on and on and on. But 5 it's a living document. And compliance with 6 the ADA is never, ever complete. There's 7 still many, many obstacles, including but not 8 limited to areas of employment, wages. 9 Education gaps also still exist. 10 And it's up to the Legislature to 11 recognize that compliance with the ADA is 12 never complete. And it is hoped with this 13 package of bills today that these bills will 14 help improve the quality of life for those 15 2.1 million New Yorkers who suffer with 16 disabilities, and that this package will be an 17 important component in making their lives 18 better. 19 Thank you, Mr. President. 20 ACTING PRESIDENT VALESKY: Thank 21 you, Senator Breslin. 22 Senator Libous, on the resolution. 23 SENATOR LIBOUS: Thank you, 24 Mr. President. I want to join my colleague 25 Senator Breslin on this resolution.

Candyco Transcription Service, Inc. 1 As this chamber knows, I have 2 dedicated a number of years of my career in 3 this chamber, along with my colleagues, in 4 promoting many major pieces of legislation to 5 help people with intellectual and physical 6 disabilities. 7 And certainly the Americans with 8 Disabilities Act, when it was passed, was just 9 a huge step forward for people in this country 10 and certainly this state that have 11 intellectual and physical disabilities. 12 We in this chamber have been 13 extremely progressive and been very proud, 14 every one of my colleagues, over the course of 15 the last several years in promoting those 16 issues that help people with intellectual and 17 physical disabilities. 18 And today is a good day that we can 19 stand here, Senator Breslin, and talk on this 20 resolution on a very, very important movement 21 that took place in this country. But as 22 Senator Breslin said, every day we must 23 continue, not only in this house but in our 24 own districts, promoting the welfare and 25 helping those people with intellectual and

Candyco Transcription Service, Inc. 1 physical disabilities. 2 So, Mr. President, I'm extremely 3 proud to stand here with all of my 4 colleagues -- Senator Breslin in particular, 5 as the sponsor -- and promoting or at least 6 talking about what this country and this state 7 has promoted for people with disabilities. 8 ACTING PRESIDENT VALESKY: Thank 9 you, Senator Libous. 10 The question is on the resolution. 11 All in favor signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT VALESKY: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT VALESKY: The 17 resolution is adopted. 18 Senator Breslin has asked that it 19 be open for cosponsorship. Any Senator 20 wishing not to cosponsor the resolution should 21 notify the desk. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 believe Senator Andrea Stewart-Cousins has a 25 resolution at the desk. I ask that the title

Candyco Transcription Service, Inc. 1 of the resolution be read and move for its 2 immediate adoption. 3 ACTING PRESIDENT VALESKY: 4 Senator Klein, has this resolution been deemed 5 privileged and submitted by the office of the 6 Temporary President? 7 SENATOR KLEIN: Yes, it has, 8 Mr. President. 9 ACTING PRESIDENT VALESKY: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Stewart-Cousins, legislative resolution 13 celebrating the hard work and achievement of 14 the independent living movement over the past 15 several decades. 16 ACTING PRESIDENT VALESKY: 17 Senator Stewart-Cousins, on the resolution. 18 SENATOR STEWART-COUSINS: Thank 19 you, Mr. President. 20 I rise and join with my colleagues 21 in celebrating this day where we are 22 acknowledging the progress not only in the 23 country, but within the state, of legislatures 24 who understand the unique challenges that are 25 faced by those with disabilities.

Candyco Transcription Service, Inc. 1 The Independent Living Centers, 2 however, is an extension of that. We talk 3 about what we do, but we know that as 4 government we're limited. We know that we 5 can't do everything. In New York State, we 6 decided to fund Independent Living Centers in 7 1982. And what has happened is that which we 8 wish to get done has been part and parcel of 9 what Independent Living Centers do for those 10 who are disabled. They offer peer counseling, 11 they offer help in employment, in housing, in 12 ways to live integrated in the community for 13 those who otherwise might have to be 14 institutionalized. 15 It gives the -- Mr. President, can 16 I ask for some order? Thank you. I 17 appreciate that. I think this is too 18 important really not to give our full 19 attention to. 20 Again, the Independent Living 21 Centers in New York -- and there's 36 of 22 them -- have helped thousands to stay in their 23 homes, to be integrated in our society, to be 24 able to contribute as all of us want to 25 contribute to making our places a better place

Candyco Transcription Service, Inc. 1 to be. 2 So today, as we pass our disability 3 package, as we move forward in our commitment 4 to making sure there is access, there are 5 opportunities for our disabled community -- 6 realizing that in any given day, any one of us 7 could be part of that which is called the 8 largest minority, and realizing our 9 responsibility and our partnership with 10 Independent Living Centers. 11 So I certainly thank you for your 12 attention. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator Stewart-Cousins. 15 The question is on the resolution. 16 All in favor signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT VALESKY: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT VALESKY: The 22 resolution is adopted. 23 Senator Stewart-Cousins has asked 24 that it be open for cosponsorship. Any 25 Senator wishing not to cosponsor the

Candyco Transcription Service, Inc. 1 resolution should notify the desk. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 believe Senator Hassell-Thompson has a 5 resolution at the desk. I ask that the title 6 of the resolution be read and move for its 7 immediate adoption. 8 ACTING PRESIDENT VALESKY: 9 Senator Klein, has this resolution been deemed 10 privileged and submitted by the office of the 11 Temporary President? 12 SENATOR KLEIN: Yes, it has, 13 Mr. President. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Hassell-Thompson, legislative resolution 18 commending Evelyn Ruth Walker Copeland upon 19 the occasion of receiving the Humanitarian 20 Award from the Women's Welfare Club of 21 Mt. Vernon. 22 ACTING PRESIDENT VALESKY: 23 Senator Hassell-Thompson, on the resolution. 24 SENATOR HASSELL-THOMPSON: Thank 25 you, Mr. President.

Candyco Transcription Service, Inc. 1 Several weeks ago this 2 extraordinary lady's child was being honored 3 in this chamber, and apples don't fall far 4 from the tree. She's a deacon. She's one of 5 the few women within the Baptist Church who 6 has been ordained as a full deacon, not a 7 deaconess. 8 The work that she does for her 9 entire community is so well felt and so well 10 sweeping that suddenly she is the subject of 11 awards all over the place. It gives me great 12 honor to join with them as they celebrate her 13 tonight, and others who have done 14 extraordinary community work. 15 It's very interesting that those 16 who seem to have so little feel so obligated 17 to do so much. She's not famous and doesn't 18 wish to be, and yet she's very famous for the 19 work and the care that she provides to people 20 in her own city, the many years that she has 21 served on the Daycare Council in Westchester, 22 for those children whose parents had to work 23 and to ensure that the environment in which 24 those children reside, in the absence of being 25 at home, that they're safe, that the quality

Candyco Transcription Service, Inc. 1 of the service that is given to those children 2 is tremendous. 3 And the teaching that she is 4 responsible for for assisting those who have 5 home daycare licenses to ensure that not only 6 are the homes safe, that the environment meets 7 the standards of licensure, but she helps to 8 elevate the level of training that these 9 providers receive and works with families to 10 ensure that they don't just dump their 11 children but that they have expectations that 12 are realistic and participatory by parents. 13 And so for a variety of acts of 14 kindness, as well as her vocation, I am 15 pleased to ask my colleagues to join me in 16 this resolution on behalf of a very worthy 17 woman. 18 I thank you, Mr. President. 19 ACTING PRESIDENT VALESKY: Thank 20 you, Senator Hassell-Thompson. 21 The question is on the resolution. 22 All in favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT VALESKY: 25 Opposed, nay.

Candyco Transcription Service, Inc. 1 (No response.) 2 ACTING PRESIDENT VALESKY: The 3 resolution is adopted. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe Senator Hassell-Thompson has another 7 resolution at the desk. I ask that the title 8 of the resolution be read and move for its 9 immediate adoption. 10 ACTING PRESIDENT VALESKY: 11 Senator Klein, has this resolution been deemed 12 privileged and submitted by the office of the 13 Temporary President? 14 SENATOR KLEIN: Yes, it has, 15 Mr. President. 16 ACTING PRESIDENT VALESKY: The 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Hassell-Thompson, legislative resolution 20 commending Keith Collins upon the occasion of 21 receiving the Business Award from the Women's 22 Welfare Club of Mt. Vernon. 23 ACTING PRESIDENT VALESKY: 24 Senator Hassell-Thompson, on the resolution. 25 SENATOR HASSELL-THOMPSON: So

Candyco Transcription Service, Inc. 1 that I don't spend an inordinate amount of 2 time and prolong this, but to give due to 3 those who deserve to be recognized, I would 4 also like to ask my colleagues to support me 5 in placing this resolution before this body 6 commending Keith Collins, who is an 7 extraordinary young man who's lived his life 8 in the Bronx and, upon graduating from high 9 school, has done military service with the 10 United States Marines. 11 But besides his service to his 12 country, his service to his church and to his 13 community is outstanding. And so therefore, 14 it gives me great pleasure to also resolve 15 today in the name of Keith Collins. 16 Thank you, Mr. President. 17 ACTING PRESIDENT VALESKY: Thank 18 you, Senator Hassell-Thompson. 19 The question is on the resolution. 20 All in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT VALESKY: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 resolution is adopted. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 believe Senator Nozzolio has a privileged 5 resolution at the desk. I ask that the title 6 of the resolution be read and move for its 7 immediate adoption. 8 ACTING PRESIDENT VALESKY: 9 Senator Klein, has this resolution been deemed 10 privileged and submitted by the office of the 11 Temporary President? 12 SENATOR KLEIN: Yes, it has, 13 Mr. President. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Nozzolio, legislative resolution 18 congratulating Maxwell J. Skolnick upon the 19 occasion of receiving the distinguished rank 20 of Eagle Scout, the most prestigious of 21 Scouting honors. 22 ACTING PRESIDENT VALESKY: The 23 question is on the resolution. All in favor 24 signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT VALESKY: The 5 resolution is adopted. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 believe there's another resolution by Senator 9 Ruth Hassell-Thompson at the desk. I ask that 10 the title of the resolution be read and move 11 for its immediate adoption. 12 ACTING PRESIDENT VALESKY: 13 Senator Klein, has this resolution been deemed 14 privileged and submitted by the office of the 15 Temporary President? 16 SENATOR KLEIN: Yes, it has, 17 Mr. President. 18 ACTING PRESIDENT VALESKY: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Hassell-Thompson, legislative resolution 22 commending Robert J. Heyward upon the occasion 23 of receiving the Community Service Award from 24 the Women's Welfare Club of Mt. Vernon. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Hassell-Thompson, on the resolution. 2 SENATOR HASSELL-THOMPSON: Thank 3 you, Mr. President. 4 I again rise to give honor to 5 Mr. Robert J. Heyward, as a long-time resident 6 of New York State, who was born and raised in 7 Harlem and educated in New York's Catholic 8 schools, for his many years of service in the 9 New York Police Department. And who, as part 10 of the New York Narcotics Division on the 11 United States Office of Drug Abuse and Law 12 Enforcement, has done some extraordinary work 13 since his retirement. And he pursues and is 14 about to receive his juris doctorate from 15 New York Law School. 16 What he proves is that no matter 17 what you do in life, it's never too late to 18 learn, to advance yourself and to develop 19 yourself. But the wonderful thing is that 20 with each advancement, he uses his new skills 21 and talent and those things that he learns and 22 the gifts that he has to make the world a 23 better place. 24 And so I thank you, Mr. President, 25 for the opportunity to recommend to this body

Candyco Transcription Service, Inc. 1 for consideration Mr. Robert J. Heyward. 2 ACTING PRESIDENT VALESKY: Thank 3 you, Senator Hassell-Thompson. 4 The question is on the resolution. 5 All in favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT VALESKY: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT VALESKY: The 11 resolution is adopted. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, at 14 this time can we please go to a reading of the 15 calendar. 16 ACTING PRESIDENT VALESKY: The 17 Secretary will proceed with the reading of the 18 calendar. 19 THE SECRETARY: Calendar Number 20 211, by Member of the Assembly Weinstein, 21 Assembly Print Number 5707A, an act to amend 22 the Election Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the first of December 2 next succeeding. 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 10 231, by Senator Oppenheimer, Senate Print 11 6776B, an act to amend the Education 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: Calendar Number 23 266, by Senator Dilan, Senate Print 5175B, an 24 act to amend the Vehicle and Traffic Law. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 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: Calendar Number 11 364, by Senator C. Johnson, Senate Print 713A, 12 an act to amend the General Business Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 6. 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, 58. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 403, by Member of the Assembly DelMonte, 25 Assembly Print Number 8181, an act to amend

Candyco Transcription Service, Inc. 1 the Racing, Pari-Mutuel Wagering and Breeding 2 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 ACTING PRESIDENT VALESKY: 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 403 are 14 Senators Golden, Larkin, Marcellino, Maziarz, 15 and Ranzenhofer. Also Senator Saland. 16 Ayes, 52. Nays, 6. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 414, substituted earlier today by Member of 21 the Assembly Stirpe, Assembly Print Number 22 2257B, an act to amend the Penal Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. Nays, 7 1. Senator Golden recorded in the negative. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 426, by Senator Huntley, Senate Print 6844A, 12 an act to amend the General Municipal 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, 58. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 437, by Member of the Assembly Gottfried, 25 Assembly Print Number 8498A, an act to amend

Candyco Transcription Service, Inc. 1 the Public Health 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, 58. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 440, by Member of the Assembly Paulin, 14 Assembly Print Number 629, an act to amend the 15 General Business 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 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 452, by Member of the Assembly Cusick, 3 Assembly Print Number 10771, an act to amend 4 the Executive Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 505, by Senator C. Johnson, Senate Print 17 4031A, an act in relation to authorizing the 18 County of Nassau. 19 ACTING PRESIDENT VALESKY: There 20 is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 13. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 618, by Senator C. Johnson, Senate Print 7 7448A, an act to amend the Penal 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 ACTING PRESIDENT VALESKY: 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 618 are 19 Senators LaValle, Marcellino and Ranzenhofer. 20 Ayes, 55. Nays, 3. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 623, by Senator Savino, Senate Print 5633A, an 25 act to amend the Retirement and Social

Candyco Transcription Service, Inc. 1 Security 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, 58. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 624, by Senator Montgomery, Senate Print -- 14 SENATOR KLEIN: Lay the bill 15 aside for the day, please. 16 ACTING PRESIDENT VALESKY: The 17 bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 625, by Senator Montgomery, Senate Print 20 6713 -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day, please. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 632, by Senator Espada, Senate Print 7225, an 2 act to amend the Private Housing Finance Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect -- 7 SENATOR LaVALLE: Lay it aside, 8 please. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 643, by Senator Klein, Senate Print -- 13 SENATOR LaVALLE: Lay it aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 644, by Member of the Assembly Nolan, Assembly 18 Print Number 10507A, an act to amend the 19 Education 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 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT VALESKY: 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 644 are 6 Senators Griffo, Larkin, LaValle, Marcellino, 7 and Young. Also Senator Nozzolio. Also 8 Senator Ranzenhofer. 9 Ayes, 51. Nays 7. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 645, by Senator Oppenheimer -- 14 SENATOR KLEIN: Lay the bill 15 aside for the day, please. 16 ACTING PRESIDENT VALESKY: The 17 bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 647, by Member of the Assembly Paulin, 20 Assembly Print Number 10676, an act to amend 21 the Executive Law. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the 120th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT VALESKY: 5 Announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 647 are 8 Senators Bonacic, DeFrancisco, Farley, 9 Fuschillo, Golden, Griffo, O. Johnson, Lanza, 10 Larkin, LaValle, Little, Maziarz, McDonald, 11 Ranzenhofer, Skelos and Young. Also Senator 12 Flanagan. Also Senator Leibell. Also Senator 13 Saland. Also Senator Nozzolio. 14 Ayes, 38. Nays, 20. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 678, by Senator Smith, Senate Print 7898, an 19 act to amend the Public Housing Law. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 30th day. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT VALESKY: 3 Senator Smith, to explain his vote. 4 SENATOR SMITH: Thank you very 5 much, Mr. President. 6 Let me first thank Senator Breslin 7 for his resolution on the 20th anniversary of 8 our Disabilities Act of 1990. 9 In that spirit, this particular 10 bill says to individuals who are subject to 11 wheelchairs or disabilities in public 12 developments that we recognize the challenges 13 that they face. 14 About a year ago in Far Rockaway, 15 Queens, there was a fire where a young lady's 16 life was taken away. The daughter, who was in 17 a wheelchair, was severely burned. And we 18 vowed then that we would take some action and 19 respond as a state body. Today we are doing 20 that, during this Disabilities Act 21 celebration. 22 This particular bill will allow for 23 anyone who disabled in public developments to 24 have preference to be on the first floor of 25 that public development should they choose to,

Candyco Transcription Service, Inc. 1 if in fact a particular apartment becomes 2 available. 3 This bill provides recognition to 4 those who are disabled that we recognize that 5 the challenges that they face are challenges 6 that we must respond to. And so with that, 7 Mr. President, I am proud to vote yes for this 8 bill. 9 Thank you very much. 10 ACTING PRESIDENT VALESKY: 11 Senator Smith to be recorded in the 12 affirmative. 13 Announce the results. 14 THE SECRETARY: Ayes, 60. Nays, 15 0. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 725, by Member of the Assembly Bing, Assembly 20 Print Number -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day, please. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 743, by Member of the Assembly Destito, 2 Assembly -- 3 SENATOR KLEIN: Lay the bill 4 aside for the day, please. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 890, by Senator Duane, Senate Print 2933, an 9 act to amend the Transportation Law and the 10 Public Authorities 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 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 891, by Senator Foley, Senate Print 6819, an 23 act to amend the Executive Law. 24 ACTING PRESIDENT VALESKY: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 3. This 2 act shall take effect January 1, 2011. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT VALESKY: 7 Senator Hannon, to explain his vote. 8 SENATOR HANNON: Yes, thank you, 9 Mr. President. 10 While the goal of this bill is 11 laudatory, I'm not so sure that the process by 12 which it's implemented can be defended. I 13 have asked whether there were hearings on this 14 bill, hearings on this concept, whether 15 there's reports. It is unclear the extent of 16 which a local municipality zoning code would 17 be overridden. 18 And for that reason and that doubt, 19 I would vote in the negative. 20 ACTING PRESIDENT VALESKY: 21 Senator Hannon to be recorded in the negative. 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 891 are 25 Senators Bonacic, DeFrancisco, Griffo, Hannon,

Candyco Transcription Service, Inc. 1 O. Johnson, Larkin, LaValle, Leibell, Libous, 2 Little, Marcellino, Nozzolio, Padavan, 3 Ranzenhofer, Saland, Seward and Young. Also 4 Senator Flanagan. 5 Ayes, 41. Nays, 18. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 938, by Member of the Assembly Schroeder, 10 Assembly Print Number 10853B, an act to amend 11 the Executive 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, 60. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 939, by Member of the Assembly Bing, Assembly 24 Print Number 9757, an act to amend the Public 25 Housing Law.

Candyco Transcription Service, Inc. 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, 60. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 940, by Member of the Assembly Cahill, 13 Assembly Print Number 10946, an act to amend 14 the Election Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 15th of December. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT VALESKY: 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 940 are

Candyco Transcription Service, Inc. 1 Senators -- 2 SENATOR FARLEY: Mr. President, 3 just to explain my vote. 4 ACTING PRESIDENT VALESKY: 5 Senator Farley, to explain his vote. 6 SENATOR FARLEY: Just to explain 7 my vote. 8 You know, this bill is on its face 9 is a good bill, and one that we'd like to 10 support, but in particular, in some of the 11 rural areas, it makes it very, very difficult. 12 They'd have to not vote in a place where 13 they've been voting for years because they 14 can't make it handicapped-accessible and so 15 forth. 16 I'm going to vote no, but to 17 protect -- I have a lot of rural areas where 18 this could be quite difficult for them to 19 rehabilitate the voting places. 20 ACTING PRESIDENT VALESKY: 21 Senator Farley to be recorded in the negative. 22 Announce the results. 23 THE SECRETARY: In relation to 24 Calendar Number 940, those Senators recorded 25 in the negative are Farley, Flanagan,

Candyco Transcription Service, Inc. 1 O. Johnson, Little, Ranzenhofer and Seward. 2 Ayes, 54. Nays, 6. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 Senator Klein, that completes the 6 reading of the noncontroversial calendar. 7 Senator Seward, why do you rise? 8 SENATOR SEWARD: Mr. President, I 9 apologize for the interruption, but I was 10 unavoidably out of the chamber when Calendar 11 Number 364 passed, and I wish to be recorded 12 in the negative, if that's possible. 13 ACTING PRESIDENT VALESKY: 14 Calendar Number 364, that was? 15 SENATOR SEWARD: Yes. Thank you. 16 ACTING PRESIDENT VALESKY: With 17 unanimous consent, Senator Seward to be 18 recorded in the negative on Calendar Number 19 364. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, at 22 this time can we please go to a reading of the 23 controversial calendar. 24 ACTING PRESIDENT VALESKY: The 25 Secretary will proceed with the reading of the

Candyco Transcription Service, Inc. 1 controversial calendar. 2 The Secretary will ring the bells. 3 Senators are asked to proceed to the chamber 4 for the controversial calendar. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 632, by Senator Espada, Senate Print 7225, an 8 act to amend the Private Housing Finance Law. 9 ACTING PRESIDENT VALESKY: 10 Senator Hannon. 11 SENATOR HANNON: Yes, I wonder if 12 the sponsor would yield. 13 ACTING PRESIDENT VALESKY: 14 Senator Espada, Senator Hannon has asked you 15 to yield to a question. 16 SENATOR ESPADA: Well, of course. 17 Of course. 18 ACTING PRESIDENT VALESKY: The 19 sponsor will yield. 20 SENATOR HANNON: Senator Espada, 21 earlier today when I reviewed this I had asked 22 if there was a memo from the City of New York, 23 and at that point there was none available. I 24 now have one, and it's dated today. But the 25 memo itself simply repeats what's in your

Candyco Transcription Service, Inc. 1 sponsor's memo, so it doesn't add any more 2 information. 3 So that's all by way of 4 preliminary. But since we're adding one-plus 5 billion dollars of borrowing authority, I just 6 wondered if there was more detail as to which 7 of the programs this bonding authority would 8 be used for and which of the programs that are 9 referred to in the memo, but not specified, 10 that are the other initiatives might be the 11 ones that would add to this borrowing 12 authority. 13 SENATOR ESPADA: Well, of course, 14 Senator Hannon. 15 The programs are basically three 16 programs run by HDC. These programs are the 17 Low-Income Affordable Marketplace Program, the 18 New Hope New Housing Opportunities Program and 19 the Mitchell-Lama program. 20 And I hasten to add that while this 21 is nothing new, as of 2005 we continued to 22 build tens of thousands of units of affordable 23 housing, in this climate that we're in, the 24 exponential impact is all positive in that 25 there's also economic development and jobs

Candyco Transcription Service, Inc. 1 included. And there's a huge pipeline of 2 projects that await this financing. 3 SENATOR HANNON: Could the door 4 be closed behind Senator Espada? Because 5 there's people coming in, and there's a lot of 6 noise. 7 ACTING PRESIDENT VALESKY: Will 8 the sergeants please close the doors behind 9 Senator Espada so it's easier for all of us to 10 hear. 11 Senator Hannon. 12 SENATOR HANNON: No, I have no -- 13 SENATOR ESPADA: That's my 14 explanation. That's my answer. 15 SENATOR HANNON: Thank you very 16 much. Appreciate it. Thank you, Senator. 17 SENATOR ESPADA: Thank you, 18 Senator Hannon. 19 ACTING PRESIDENT VALESKY: Are 20 there any other Senators wishing to speak? 21 Seeing none, the debate is closed. 22 The Secretary will ring the bells. Senators 23 are asked to proceed to the chamber for the 24 roll call. 25 Read the last section.

Candyco Transcription Service, Inc. 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 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 632 are 10 Senators DeFrancisco, Flanagan, Griffo, 11 O. Johnson, Larkin, LaValle, Libous, 12 Marcellino, Ranzenhofer, Robach, Seward and 13 Skelos. 14 Absent from voting: Senators Diaz, 15 Dilan, Perkins, Schneiderman, Volker and 16 Winner. 17 Ayes, 43. Nays, 12. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 643, by Senator Klein, Senate Print 1884A, an 22 act to amend the Education Law. 23 ACTING PRESIDENT VALESKY: 24 Senator Padavan. 25 SENATOR PADAVAN: I just want to

Candyco Transcription Service, Inc. 1 ask a question. 2 ACTING PRESIDENT VALESKY: 3 Senator Klein, do you yield to a question? 4 SENATOR KLEIN: Yes, 5 Mr. President. 6 ACTING PRESIDENT VALESKY: The 7 sponsor yields. 8 SENATOR PADAVAN: Let me preface 9 my question, Senator Klein, by saying I well 10 understand the laudable goal of your bill, to 11 ensure that our youngsters have outdoor 12 recreational facilities and that that should 13 not be taken away from them in any 14 irresponsible manner. 15 However, as you know, the City of 16 New York has been going through and is well 17 along the way in a $13 billion capital 18 improvement program. Schools all over the 19 City of New York are either being 20 modernized -- some new schools being built, 21 obviously, but many are being modernized, 22 upgraded, additions, all kinds of things going 23 on. If you travel around the city you see 24 scaffolding on just about every other school 25 you run by.

Candyco Transcription Service, Inc. 1 Now, there are occasions and 2 places -- and I had one just two blocks from 3 my office where they were doing a major 4 renovation and there had to be a place where 5 the contractors must store their equipment and 6 material used in that renovation. There is no 7 other playground in the area unless they put 8 them on a bus and took them to the park. And 9 for that period of time, a significant portion 10 of the playground was not available to the 11 children. 12 Now, the way I read your bill, even 13 those circumstances would be precluded, if 14 that's the way I read it. If I read it 15 correctly, you'll tell me that. But if I've 16 read it correctly, how do you deal with the 17 real-life issue that I've just described? 18 SENATOR KLEIN: Through you, 19 Mr. President, Senator Padavan raises a good 20 point. 21 In my discussions with the city, if 22 you notice on line 6 of the legislation, 23 existing playgrounds shall not be sold, 24 leased, or transferred or permanently 25 authorized for other uses.

Candyco Transcription Service, Inc. 1 The example Senator Padavan gave of 2 having a certain area with construction or 3 construction debris wouldn't be permanent. So 4 they would not, under my legislation, have to 5 come up with a plan. 6 SENATOR PADAVAN: All right. So 7 to clarify your answer, if I may, Senator. 8 If there's construction of some 9 limited period of time -- obviously, they are 10 limited -- then your bill would not come into 11 effect. 12 SENATOR KLEIN: Correct. 13 SENATOR PADAVAN: Thank you, 14 Senator. 15 SENATOR KLEIN: On the bill, 16 Mr. President. 17 ACTING PRESIDENT VALESKY: 18 Senator Klein, on the bill. 19 SENATOR KLEIN: This is an 20 important piece of legislation which came out 21 of two studies that my office conducted around 22 the City of New York which showed 23 unfortunately, in many cases, especially in 24 minority communities, the lack of adequate 25 playground space.

Candyco Transcription Service, Inc. 1 In many cases they're used by 2 temporary classrooms. Even worse cases, 3 they're used as parking lots, denying our 4 young people the ability to exercise. 5 You know, there's a lot of talk 6 about soda taxes and other fat taxes to reduce 7 childhood obesity, which presently in the 8 New York City area, 35 percent of our young 9 people are obese or overweight. 10 I personally believe that the way 11 to reduce childhood obesity is making sure 12 that young people have adequate playground 13 space and meaningful physical activity when 14 they're at school. 15 So I am hopeful that when this 16 legislation is passed into law, we can make 17 sure that happens. 18 And I don't think it's too much to 19 ask the Department of Education to make sure 20 that if indeed they have a permanent usage 21 which prevents kids from using their 22 playground, that they make alternative 23 arrangements, like taking the kids to a nearby 24 park, maybe closing off the street for a 25 couple of hours to traffic, to make sure, once

Candyco Transcription Service, Inc. 1 again, that our young people have meaningful 2 outdoor physical activity. 3 So of course I support this 4 legislation, Mr. President. 5 ACTING PRESIDENT VALESKY: Thank 6 you, Senator Klein. 7 Are there any other Senators who 8 wish to be heard? 9 Seeing none, the debate is closed. 10 The Secretary will ring the bells. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect July 1, 2011. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. Nays, 18 0. 19 Absent from voting: Senators Diaz, 20 Dilan, Perkins, Schneiderman, Volker and 21 Winner. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 Senator Klein, that completes the 25 reading of the controversial calendar.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, 2 can we please go to a reading of the 3 supplemental active list. 4 ACTING PRESIDENT VALESKY: The 5 Secretary will proceed with the reading of the 6 supplemental active list. 7 THE SECRETARY: Calendar Number 8 369, by Senator Young, Senate Print 3417, an 9 act to amend the Highway 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, 60. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 508, by Senator Young, Senate Print 2437, an 22 act to amend the Agriculture and Markets Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 602, by Member of the Assembly Rabbitt, 10 Assembly Print Number 7774A, an act to 11 authorize the Town of Ramapo. 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: In relation to 20 Calendar Number 602: Ayes, 58. Nays, 2. 21 Senators Bonacic and Larkin recorded in the 22 negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 881, by Senator Leibell, Senate Print 7620, an 2 act to authorize the Town of Kent. 3 ACTING PRESIDENT VALESKY: There 4 is a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 3. 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, 60. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 Senator Klein, that completes the 15 read of the supplemental active list. 16 SENATOR KLEIN: Mr. President, I 17 just want to announce to the members that 18 there will be a meeting of the Social Services 19 Committee immediately following session. 20 ACTING PRESIDENT VALESKY: A 21 meeting of the Social Services Committee 22 immediately following session. 23 SENATOR KLEIN: Mr. President, is 24 there any further business at the desk? 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 desk is clear. 2 SENATOR KLEIN: There being no 3 further business, Mr. President, I move that 4 we adjourn at the call of the Temporary 5 President, intervening days to be legislative 6 days. 7 ACTING PRESIDENT VALESKY: On 8 motion, the Senate stands adjourned subject to 9 the call of the Temporary President, 10 intervening days being legislative days. 11 (Whereupon, at 1:05 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24 25

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