Wednesday, June 16, 2010

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

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT STEWART-COUSINS: 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 STEWART-COUSINS: 10 In the absence of clergy, may we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Tuesday, June 15, 2010, the Senate met 19 pursuant to adjournment. The Journal of 20 Monday, June 14, 2010, was read and approved. 21 On motion, Senate adjourned. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Without objection, the Journal stands approved 24 as read. 25 Presentations of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Senator Klein. 5 SENATOR KLEIN: Madam President, 6 on behalf of Senator Parker, on page 30 I 7 offer the following amendments to Calendar 8 Number 707, Senate Print Number 2087A, and ask 9 that said bill retain its place on Third 10 Reading Calendar. 11 ACTING PRESIDENT STEWART-COUSINS: 12 So ordered. 13 SENATOR KLEIN: Madam President, 14 I believe there are substitutions at the desk. 15 I ask that we make the substitutions at this 16 time. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Klein, we must go back to the order of 19 business first. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 The Secretary will read the 25 substitutions.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Page 18, Senator 2 C. Johnson moves to discharge, from the 3 Committee on Rules, Assembly Bill Number 4 10835A and substitute it for the identical 5 Senate Bill Number 7366A, Third Reading 6 Calendar 421. 7 Page 19, Senator Morahan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 10824B and substitute it 10 for the identical Senate Bill Number 7432A, 11 Third Reading Calendar 471. 12 Page 29, Senator Breslin moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 9944 and substitute it 15 for the identical Senate Bill Number 6858, 16 Third Reading Calendar 693. 17 Page 31, Senator Larkin moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 9950 and substitute it 20 for the identical Senate Bill Number 7030, 21 Third Reading Calendar 736. 22 Page 36, Senator Perkins moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 11322 and substitute it 25 for the identical Senate Bill Number 7583,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 796. 2 Page 36, Senator Klein moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 11226 and substitute it 5 for the identical Senate Bill Number 8002, 6 Third Reading Calendar 808. 7 Page number 42, Senator Espada 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 11324 and 10 substitute it for the identical Senate Bill 11 Number 8073, Third Reading Calendar 893. 12 Page number 45, Senator Fuschillo 13 moves to discharge, from the Committee on 14 Rules, Assembly Bill Number 10025A and 15 substitute it for the identical Senate Bill 16 Number 6975A, Third Reading Calendar 912. 17 Page number 45, Senator Griffo 18 moves to discharge, from the Committee on 19 Rules, Assembly Bill Number 9979 and 20 substitute it for the identical Senate Bill 21 Number 6976, Third Reading Calendar 913. 22 Page number 45, Senator Fuschillo 23 moves to discharge, from the Committee on 24 Rules, Assembly Bill Number 10512A and 25 substitute it for the identical Senate Bill

Candyco Transcription Service, Inc. 1 Number 7386A, Third Reading Calendar 915. 2 Page number 45, Senator Hannon 3 moves to discharge, from the Committee on 4 Rules, Assembly Bill Number 9511A and 5 substitute it for the identical Senate Bill 6 Number 7404, Third Reading Calendar 916. 7 Page number 46, Senator Oppenheimer 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 10939 and 10 substitute it for the identical Senate Bill 11 Number 7755, Third Reading Calendar 921. 12 Page number 48, Senator Squadron 13 moves to discharge, from the Committee on 14 Codes, Assembly Bill Number 7917D and 15 substitute it for the identical Senate Bill 16 Number 5292C, Third Reading Calendar 948. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Substitutions ordered. 19 Senator Klein. 20 SENATOR KLEIN: Madam President, 21 I believe Senator Smith has a resolution at 22 the desk. I ask that the title of the 23 resolution be read and move for its immediate 24 adoption. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Klein, has this resolution been deemed 2 privileged and submitted by the office of the 3 Temporary President? 4 SENATOR KLEIN: Yes, it has, 5 Madam President. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The Secretary will read. 8 THE SECRETARY: By Senator Smith, 9 legislative resolution honoring Carol 10 Washington upon the occasion of her 11 designation for special recognition by the 12 Delta Minerva Life Development Center, Inc., 13 on June 6, 2010. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Are there any Senators that wish to be heard 16 on the resolution? 17 Hearing none, the question is on 18 the resolution. All those in favor please 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT STEWART-COUSINS: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT STEWART-COUSINS: 25 The resolution is adopted.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Madam President, 3 I believe Senator Parker has a resolution at 4 the desk. I ask that the title of the 5 resolution be read and move for its immediate 6 adoption. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Klein, has this resolution been deemed 9 privileged and submitted by the office of the 10 Temporary President? 11 SENATOR KLEIN: Yes, it has, 12 Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Secretary will read. 15 THE SECRETARY: By Senator 16 Parker, legislative resolution memorializing 17 David A. Paterson to proclaim June 24 through 18 30, 2010, as Venerable Pierre Toussaint Week 19 in the State of New York. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Are there any Senators that wish to be heard 22 on the resolution? 23 Hearing none, the question is on 24 the resolution. All those in favor please 25 signify by saying aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT STEWART-COUSINS: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 The resolution is adopted. 7 Senator Parker has indicated that 8 he would like to open the resolution up to 9 cosponsorship by the entire house. Any 10 Senator wishing to not be on the resolution 11 please notify the desk. 12 Senator Klein. 13 SENATOR KLEIN: Madam President, 14 I believe Senator Montgomery has a resolution 15 at the desk. I ask that the title of the 16 resolution be read and move for its immediate 17 adoption. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Klein, has this resolution been deemed 20 privileged and submitted by the office of the 21 Temporary President? 22 SENATOR KLEIN: Yes, it has, 23 Madam President. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator 2 Montgomery, legislative resolution commending 3 the Reverend Doctor Gary V. Simpson upon the 4 occasion of his designation for special honor 5 by Bed-Stuy Campaign Against Hunger at its 6 Harvest Through Love Spring Harvest Benefit 7 Reception on June 17, 2010. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Are there any other Senators who wish to be 10 heard on the resolution? 11 Hearing none, the question is on 12 the resolution. All those in favor please 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT STEWART-COUSINS: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 The resolution is adopted. 20 Senator Klein. 21 SENATOR KLEIN: Madam President, 22 I believe Senator Montgomery has another 23 resolution at the desk. I ask that the title 24 of the resolution be read and move for its 25 immediate adoption.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Klein, has this resolution been deemed 3 privileged and submitted by the office of the 4 Temporary President? 5 SENATOR KLEIN: Yes, it has, 6 Madam President. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The Secretary will read. 9 THE SECRETARY: By Senator 10 Montgomery, legislative resolution commending 11 Erminia Rivera upon the occasion of her 12 designation for special honor by Bed-Stuy 13 Campaign Against Hunger at its Harvest Through 14 Love Spring Harvest Benefit Reception on 15 June 17, 2010. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Are there any other Senators wishing to be 18 heard on the resolution? 19 Hearing none, the question is on 20 the resolution. All those in favor please 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT STEWART-COUSINS: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The resolution is adopted. 3 Senator Montgomery has indicated 4 that she would like the resolution to be open 5 to all. Anyone wishing not to be on the 6 resolution should signify by coming to the 7 front desk. 8 Senator Klein. 9 SENATOR KLEIN: Madam President, 10 Senator Montgomery has a third resolution at 11 the desk. I ask that the title of the 12 resolution be read and move for its immediate 13 adoption. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Klein, has this resolution been deemed 16 privileged and submitted by the office of the 17 Temporary President? 18 SENATOR KLEIN: Yes, it has, 19 Madam President. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The Secretary will read. 22 THE SECRETARY: By Senator 23 Montgomery, legislative resolution commending 24 Bed-Stuy Campaign Against Hunger upon the 25 occasion of its Harvest Through Love Spring

Candyco Transcription Service, Inc. 1 Harvest Benefit Reception on June 17, 2010. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Are there any Senators that wish to be heard 4 on the resolution? 5 Hearing none, the question is on 6 the resolution. All those in favor please 7 signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT STEWART-COUSINS: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT STEWART-COUSINS: 13 The resolution is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Madam President, 16 there will be an immediate meeting of the 17 Rules Committee in the Majority Conference 18 Room. 19 Pending the return of the Rules 20 Committee, may we please stand at ease. 21 ACTING PRESIDENT STEWART-COUSINS: 22 There will be an immediate meeting of the 23 Rules Committee in Room 332. 24 Pending the conclusion of the Rules 25 Committee meeting, the Senate will stand at

Candyco Transcription Service, Inc. 1 ease. 2 (Whereupon, the Senate stood at 3 ease at 11:34 a.m.) 4 (Whereupon, the Senate reconvened 5 at 12:02 p.m.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Klein. 8 SENATOR KLEIN: Madam President, 9 at this time I move to adopt the Resolution 10 Calendar in its entirety. 11 ACTING PRESIDENT STEWART-COUSINS: 12 All those in favor of adopting the Resolution 13 Calendar in its entirety please signify by 14 saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT STEWART-COUSINS: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 The Resolution Calendar is adopted. 21 Senator Klein. 22 SENATOR KLEIN: Madam President, 23 before we proceed with the calendar, can we go 24 back to motions and resolutions. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Returning to motion and resolutions. 2 Senator Klein. 3 SENATOR KLEIN: Madam President, 4 on behalf of Senator Stewart-Cousins, on 5 page 49 I offer the following amendments to 6 Calendar Number 963, Senate Print Number 7 4057A, and ask that said bill retain its place 8 on Third Reading Calendar. 9 ACTING PRESIDENT STEWART-COUSINS: 10 So ordered. 11 SENATOR KLEIN: On behalf of 12 Senator Addabbo, on page 26 I offer the 13 following amendments to Calendar Number 640, 14 Senate Print Number 3995, and ask that said 15 bill retain its place on Third Reading 16 Calendar. 17 ACTING PRESIDENT STEWART-COUSINS: 18 So ordered. 19 SENATOR KLEIN: On behalf of 20 Senator Peralta, on page 49 I offer the 21 following amendments to Calendar Number 952, 22 Senate Print Number 7471B, and ask that said 23 bill retain its place on Third Reading 24 Calendar. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 So ordered. 2 SENATOR KLEIN: Madam President, 3 can we now go to a reading of the calendar. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 336, Senate Print 7141A -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day, please. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 398, by Member of the Assembly Englebright, 14 Assembly Print Number 3397, an act to amend 15 the Elder Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 487, by Member of the Assembly Magnarelli, 3 Assembly Print Number 5220B, an act to amend 4 the Executive Law. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 120th day after 9 it shall have become law. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Valesky, to explain his vote. 15 SENATOR VALESKY: Yes, thank you, 16 Madam President. 17 This is a very, very important 18 piece of legislation that creates the Missing 19 Vulnerable Adult Clearinghouse. As we know 20 from numerous cases throughout the state, 21 those individuals who have been diagnosed with 22 Alzheimer's disease and other dementias, over 23 330,000 New York citizens now, have been known 24 to wander from their homes. And in fact 25 national statistics are indicating that those

Candyco Transcription Service, Inc. 1 who are missing for over 24 hours have nearly 2 a 50 percent chance of suffering serious 3 injury or not being found alive. 4 This bill establishes the 5 clearinghouse in the Division of Criminal 6 Justice Services, modeled after the Amber 7 Alert. And this will provide a mechanism to 8 coordinate local law enforcement agency 9 response all over the state so that we make 10 sure that when those who are missing, those 11 who are vulnerable, that we have a system in 12 place now to find them just as soon as 13 possible and return them to their homes. 14 I encourage all my colleagues to 15 support the measure, and I vote in the 16 affirmative. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Valesky to be recorded in the 19 affirmative. 20 Senator Klein. 21 SENATOR KLEIN: I rise in support 22 of this legislation, Madam President. And I 23 want to praise my colleague Senator Valesky 24 for coming up with a comprehensive approach 25 for a very serious problem.

Candyco Transcription Service, Inc. 1 The stats are quite startling that 2 50 percent of Alzheimer's patients wander. 3 And unfortunately, when you look at the 4 50 percent of those Alzheimer's patients that 5 do wander, a very, very high percentage, close 6 to 75, are injured or never returned. 7 I kicked off a program earlier in 8 the year within my Senate district in both the 9 Bronx and Westchester, along with the 10 Alzheimer's Association, which would allow 11 individuals to be able to wear bracelets and 12 necklaces where individuals can call when 13 they're actually found. 14 We had a case in my district in 15 Pelham Bay where a woman walked over 3 miles 16 from her place of residence, and luckily she 17 was found by a Good Samaritan and wouldn't 18 have been returned home unless she had this 19 necklace around her neck. 20 So I praise Senator Valesky for 21 taking this beyond just my Senate district and 22 having a statewide comprehensive approach to 23 protect our loved ones. I vote yes. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Klein to be recorded in the

Candyco Transcription Service, Inc. 1 affirmative. 2 Is there any other Senator that 3 wishes to explain his or her vote? 4 Announce the results. 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 511, by Senator Diaz, Senate Print 7512A, an 10 act to amend the Elder Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 Announce the results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 548, by Senator C. Johnson, Senate Print 949, 25 an act to amend the Real Property Tax Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Ayes, 59. Nays, 11 1. Senator Ranzenhofer recorded in the 12 negative. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 551, by Member of the Assembly Dinowitz, 17 Assembly Print Number 9838, an act to amend 18 the Elder Law. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Announce the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 573, by Member of the Assembly Rosenthal, 8 Assembly Print Number 10410, an act to amend 9 the Family Court Act and the Domestic 10 Relations Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 Announce the results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 580, by Member of the Assembly Weinstein, 25 Assembly Print Number 6195A, an act to amend

Candyco Transcription Service, Inc. 1 the Family Court Act. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 Announce the results. 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 583, by Member of the Assembly N. Rivera, 16 Assembly Print Number 6509B, an act to amend 17 the Public Service Law and the General 18 Business Law. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect on the 120th day after 23 it shall have become law. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Announce the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 584, by Senator Klein, Senate Print Number 9 5980A, an act to amend the Insurance Law and 10 the Public Health Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 THE SECRETARY: Section 6. This 14 act shall take effect on the first of January 15 next succeeding. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Klein, to explain his vote. 21 SENATOR KLEIN: Thank you, Madam 22 President. 23 This legislation is part of our 24 package today on domestic violence. This is, 25 I think, an important addition to this package

Candyco Transcription Service, Inc. 1 because this bill would amend several 2 provisions of the Insurance Law to give 3 victims of domestic violence the opportunity 4 to designate an alternative address for 5 insurance claims or billing purposes. 6 It's very clear that if someone is 7 being abused and they're part of an insurance 8 policy of the abuser, this would first make 9 sure that the abuser doesn't know where the 10 abused is, to keep their present address 11 confidential, and also would make sure that 12 the person who is the victim of domestic 13 violence seeks the medical attention they need 14 so much. 15 So I think this is a very important 16 approach to make sure those who are victims of 17 domestic violence get the medical attention 18 they need and keep their whereabouts 19 confidential. 20 So of course I vote yes, Madam 21 President. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Klein to be recorded in the 24 affirmative. 25 Are there any other Senators

Candyco Transcription Service, Inc. 1 wishing to explain his or her vote? 2 Hearing none, announce the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 589, by Assemblymember Weinstein, Assembly 8 Print Number 8952, an act to amend the Tax 9 Law, the Family Court Act, the Domestic 10 Relations Law and the Social Services Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 THE SECRETARY: Section 13. This 14 act shall take effect on the 90th day after it 15 shall have become law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Announce the results. 21 THE SECRETARY: In relation to 22 Calendar Number 589, those recorded in the 23 negative are Senators DeFrancisco, Griffo, 24 Hannon, O. Johnson, Larkin, LaValle, 25 Marcellino, Ranzenhofer, Skelos and Winner.

Candyco Transcription Service, Inc. 1 Ayes, 50. Nays, 10. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 613, by Member of the Assembly Weinstein, 6 Assembly Print Number 8393A, an act to amend 7 the Family Court Act and the Domestic 8 Relations Law. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 Announce the results. 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is passed. 21 THE SECRETARY: Calendar Number 22 641, by Senator Foley, Senate Print 7424B, an 23 act to amend the Election Law. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 60th day. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 687, by Senator Klein, Senate Print 5376A, an 11 act to amend the Social Services Law. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of January 16 next succeeding. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Klein, to explain his vote. 22 SENATOR KLEIN: Thank you, Madam 23 President. 24 This is a piece of legislation that 25 came out of a study my office conducted back

Candyco Transcription Service, Inc. 1 in 2009 which showed there's no reporting 2 system for elder abuse. Luckily, we do have 3 such a reporting system for domestic violence 4 and child abuse. 5 This would actually require that 6 the state do a study to sort of consolidate 7 the various agencies to actually have a real 8 reporting mechanism in place to track and 9 effectively deal with the horrible crime of 10 elder abuse. 11 So this is, I think, a very 12 comprehensive approach. We certainly can't 13 begin to deal with the problem that exists in 14 elder abuse unless we can actually track and 15 then educate individuals who have direct 16 contact with seniors, to spot the telltale 17 signs of elder abuse. 18 So I vote yes, Madam President. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Klein to be recorded in the 21 affirmative. 22 Any other Senators wishing to 23 explain his or her vote? 24 Announce the results. 25 THE SECRETARY: Ayes, 60.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 688, by Senator Diaz, Senate Print 6853, an 5 act to amend the Real Property Tax Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect 90 days after it shall 10 have become law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Announce the results. 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The bill is passed. 19 THE SECRETARY: Calendar Number 20 689, by Senator Diaz, Senate Print 7513, an 21 act to amend the Elder Law. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Read the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Announce the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 690, by Member of the Assembly Englebright, 11 Assembly Print Number 2548, an act to amend 12 the Elder Law. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Announce the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 766, by Senator Klein, Senate Print 1839, an 2 act to amend the Elder Law. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Klein, to explain his vote. 12 SENATOR KLEIN: Thank you, Madam 13 President. 14 This is a piece of legislation that 15 I've been working on for a couple of years 16 now, and I think it's very, very important. I 17 think everyone knows that we have a very 18 effective program for senior citizens to 19 enable them to save lots of money on the 20 ever-increasing cost of prescription drugs, 21 the EPIC program. 22 I think over the years we have 23 raised the income qualification for EPIC, but 24 I think it's still too low. With more and 25 more senior citizens paying more and more of

Candyco Transcription Service, Inc. 1 their money for prescription drugs, and those 2 same seniors living on a fixed income, I think 3 it's important to recognize that seniors, 4 especially during these tough fiscal times, 5 need a helping hand. So my legislation would 6 raise the income level from $35,000 to $50,000 7 for an unmarried senior and from $50,000 to 8 $75,000 for a married couple. 9 There is a fiscal implication. 10 It's $1.1 million for the first year. But 11 again, I think especially, as I said earlier, 12 during these tough fiscal times that's money 13 well spent, because we would actually impact 14 the lives of over 3,000 seniors around the 15 State of New York who now would be able to 16 take part in this very important program, the 17 EPIC program in New York State. 18 So I vote yes, Madam President. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Klein to be recorded in the 21 affirmative. 22 Are there any other Senators 23 wishing to explain his or her vote? 24 Hearing none, announce the results. 25 THE SECRETARY: Ayes, 60.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 768, by Senator Klein, Senate Print 2484C, an 5 act to amend the Education Law and the Public 6 Health Law. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 180th day. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Klein, to explain his vote. 16 SENATOR KLEIN: Thank you, Madam 17 President. 18 This is a piece of legislation that 19 I think is going to go a long way towards 20 making sure we cut back on the problem of 21 prescription errors. One of the problems we 22 have in New York State is we don't track this 23 information. We have no way of knowing 24 whether or not prescription errors are taking 25 place. There is no really consolidation of

Candyco Transcription Service, Inc. 1 how many are taking place. 2 So I was able to, through I guess 3 national statistics, show that we have a 4 tremendous problem in underreporting. So this 5 legislation will make it very clear, when 6 someone walks into a pharmacy, where they 7 actually would have to go and who they would 8 have to call to report prescription errors. 9 That's the first step in us being able to 10 track this very important problem in New York 11 State. 12 So of course I vote yes, Madam 13 President. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Klein to be recorded in the 16 affirmative. 17 Senator DeFrancisco, to explain his 18 vote. 19 SENATOR DeFRANCISCO: I'm going 20 to vote no on this legislation. I think if 21 you go into a pharmacy now, with all the 22 required notices, whether it's workers' 23 compensation or whether it's the availability 24 of drug retail price lists, et cetera, 25 et cetera, you would need half a day to read

Candyco Transcription Service, Inc. 1 the wall. 2 And I think there's a better way to 3 do this rather than requiring yet another 4 notice. I'm not so sure too many people are 5 going to go to the wall to find out that the 6 Office of Professional Misconduct and where 7 you report this, that or the other thing. The 8 most likely thing is they'd go to the 9 pharmacist and say "There was a bad 10 prescription, what are my options here?" 11 Maybe we should require at least 12 that information being provided when someone 13 requests it, rather than having another notice 14 that I can't imagine anyone is going to read 15 that's going into the pharmacy, especially if 16 someone has a specific problem like this. 17 So for that reason, I'm going to 18 vote no. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator DeFrancisco to be recorded in the 21 negative. 22 Are there any other Senators 23 wishing to explain his or her vote? 24 Senator Diaz. 25 SENATOR DIAZ: Thank you. Thank

Candyco Transcription Service, Inc. 1 you, Madam President. 2 Today is a great day for senior 3 citizens in the State of New York. Today 4 Senator Klein has introduced a few pieces of 5 legislation, and I have introduced five, and 6 all of them have passed. So five different 7 pieces of legislation that I have introduced 8 today and passed, and my colleagues here have 9 been so courteous and so concerned with the 10 senior citizens of the State of New York that 11 they have approved today five of my bills and 12 two of Senator Klein's. 13 So today is a great day. As the 14 chairman of the Senior Citizens Committee, I 15 thank all my colleagues, I thank all of them, 16 both sides, because the senior citizens of the 17 State of New York today has gotten a big day 18 in the State of New York and in the New York 19 State Senate. 20 Thank you, ladies and gentlemen. 21 Thank you, Madam President. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Diaz to be recorded in the 24 affirmative. 25 Are there any other Senators

Candyco Transcription Service, Inc. 1 wishing to explain his or her vote? 2 Announce the results. 3 THE SECRETARY: In relation to 4 Calendar Number 768, to be recorded in the 5 negative: Senators DeFrancisco, Flanagan, O. 6 Johnson and Winner. 7 Ayes, 56. Nays, 4. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 809, by Senator Addabbo, Senate Print 8033, an 12 act to amend the Election Law. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 30th day. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Announce the results. 22 THE SECRETARY: In relation to 23 Calendar Number 809, to be recorded in the 24 negative: Senators Bonacic, DeFrancisco, 25 Flanagan, O. Johnson, Larkin, LaValle,

Candyco Transcription Service, Inc. 1 Marcellino, Skelos and Volker. Also Senator 2 Winner. 3 Ayes, 50. Nays, 10. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 816, by Member of the Assembly Weinstein, 8 Assembly Print Number 10851A, an act to amend 9 the Judiciary Law. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT STEWART-COUSINS: 18 Announce the results. 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 843, by Senator Montgomery, Senate Print 6981, 24 an act to amend -- 25 SENATOR SALAND: Lay it aside.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is laid aside. 3 THE SECRETARY: Calendar Number 4 857, by Senator Duane, Senate Print 7873, an 5 act to amend the Criminal Procedure Law. 6 SENATOR LIBOUS: Lay it aside. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is laid aside. 9 THE SECRETARY: Calendar Number 10 859, by Senator Hassell-Thompson -- 11 SENATOR LIBOUS: Lay it aside. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is laid aside. 14 THE SECRETARY: Calendar Number 15 866, by Member of the Assembly Gottfried, 16 Assembly Print -- 17 SENATOR KLEIN: Lay the bill 18 aside for the day, please. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 878, by Member of the Assembly Wright, 23 Assembly Print Number 1459, an act to amend 24 the Social Services Law. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator DeFrancisco, to explain his vote. 9 SENATOR DeFRANCISCO: Yes, it's 10 always good to have a bill to try to do 11 everything for everybody, but realistically 12 there's only so many dollars to go around in 13 the Home Heating Assistance Program. 14 I know the bill calls for applying 15 for more money, but it seems to me before we 16 expand the uses of this money to 17 air-conditioning, it would seem that it would 18 be more essential for someone to have their 19 house heated during the winter. And if we're 20 going to take some of that money for 21 air-conditioning in the summer, it may be that 22 we don't get additional funds for this and we 23 end up affecting people who no longer can get 24 heating assistance at their home because it's 25 used up for air-conditioning by somebody else.

Candyco Transcription Service, Inc. 1 So for that reason, until there's 2 additional money identified for 3 air-conditioning, I'm voting no. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator DeFrancisco to be recorded in the 6 negative. 7 Any other Senator wishing to 8 explain his or her vote? 9 Announce the results. 10 THE SECRETARY: In relation to 11 Calendar Number 878, to be recorded in the 12 negative: Senators DeFrancisco, Flanagan, 13 Hannon, O. Johnson, Lanza, LaValle, Leibell, 14 Libous, Marcellino, Ranzenhofer, Skelos, 15 Volker and Winner. Also Senator Larkin. Also 16 Senator Saland. 17 Ayes, 45. Nays, 15. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 955, by Senator Squadron, Senate Print 7858A, 22 an act to amend the New York City charter. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Read the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 Announce the results. 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The bill is passed. 10 Senator Klein, that completes the 11 reading of the noncontroversial calendar. 12 SENATOR KLEIN: Madam President, 13 I would wish to withdraw the lay aside for the 14 day on Calendar Numbers 866 and 336. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The lay asides are withdrawn. The bills will 17 be taken up noncontroversial. 18 SENATOR KLEIN: Also, I would 19 like to lay aside Calendar Number 859 for the 20 day. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Calendar Number 859 will be laid aside for the 23 day. 24 The Secretary will place Calendar 25 Number 336 before the house, noncontroversial.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 336, by Senator Schneiderman, Senate Print 3 7141A, an act to amend the Penal Law. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Read the last section. 6 THE SECRETARY: Section 7. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Schneiderman, to explain his vote. 13 SENATOR SCHNEIDERMAN: Thank you, 14 Madam President. 15 This is a part of the package of 16 bills related to domestic violence that we are 17 moving through the house. And this is a 18 tremendously important bill because it 19 corrects a very serious problem in the current 20 Penal Law. It changes the law relating to 21 witness tampering. 22 And frankly, in other 23 circumstances, if you just talk -- if someone 24 who has a relationship with a victim says "Ah, 25 you don't want to get involved in this case,"

Candyco Transcription Service, Inc. 1 that is not witness tampering. In domestic 2 violence situations where people are 3 frequently coerced by friends and family 4 members, it is a problem. 5 We're now correcting that. We are 6 preventing witness tampering in domestic 7 violence cases. We are making people safer 8 and we are saving lives. 9 Thank you, Madam President. I 10 thank everyone for their support on this 11 important measure. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Schneiderman to be recorded in the 14 affirmative. 15 Are there any other Senators 16 wishing to explain his or her vote? 17 Hearing none, announce the results. 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is passed. 21 THE SECRETARY: Calendar Number 22 866, by Member of the Assembly Gottfried, 23 Assembly Print -- 24 SENATOR LIBOUS: Lay it aside. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The bill is laid aside. 2 Senator Klein, that completes the 3 reading of the noncontroversial calendar. 4 SENATOR KLEIN: Madam President, 5 at this time can we please go to a reading of 6 the controversial calendar. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The Secretary will please ring the bell. 9 Members are all asked to come to 10 the chamber for the reading of the 11 controversial calendar. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 843, by Senator Montgomery, Senate Print 6981, 15 an act to amend the Family Court Act and the 16 Criminal Procedure Law. 17 SENATOR SALAND: Explanation. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Montgomery, an explanation has been 20 requested. 21 SENATOR MONTGOMERY: Yes, Madam 22 President. This bill is a very, very simple 23 bill which is meant to provide an appropriate 24 alternative for young people who are below the 25 age of 18 who get into a confrontation with a

Candyco Transcription Service, Inc. 1 parent. 2 Currently that young person will be 3 treated under Article 8 of the Family Court 4 Act, and the parent is able to bring an order 5 of protection against a child who attacks 6 them, and currently that child will be treated 7 under Article 8 of the Family Court Act, which 8 means that that young person could be charged 9 with disorderly conduct, harassment in the 10 first and second degree, aggravated harassment 11 in the second degree, criminal mischief, 12 menacing in the second and third degree, 13 reckless endangerment, or assault in the 14 second and third degree. 15 Now, obviously when a young person 16 attacks a parent we want that parent to have 17 some relief in the court. But we may not want 18 the young person to be treated without 19 consideration of that child's age or the 20 circumstances surrounding this family 21 situation. So what the bill does is allows a 22 young person to be charged under Article 7, as 23 a PINS, a person in need of supervision. With 24 this bill, that young person would then have 25 some protections as a child that they do not

Candyco Transcription Service, Inc. 1 have under Article 8. 2 For instance, if that child is 3 charged as PINS, he or she can be assigned a 4 guardian, a court legal guardian, or a lawyer. 5 That child can receive services. The family 6 could receive services. The child could be 7 placed in foster care. The child could be 8 placed under OCFS detention or hopefully as an 9 alternative-to-detention case. 10 So there are many reasons why we 11 would prefer that young people under the age 12 of 18 who have an altercation with a parent, 13 that that child be brought to Family Court as 14 a person in need of supervision. That's what 15 this bill does. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Thank you, Senator Montgomery. 18 Senator Saland. 19 SENATOR SALAND: Thank you, Madam 20 President. Would Senator Montgomery yield to 21 some questions? 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Montgomery, do you yield for 24 questions? 25 SENATOR MONTGOMERY: Through you,

Candyco Transcription Service, Inc. 1 Madam President, I do. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Montgomery yields. 4 SENATOR SALAND: Senator 5 Montgomery, I'm looking at your bill, and your 6 bill in two separate places, both under CPL 7 530-11 and under Family Court 8-12, 8 specifically and very briefly says "Family 9 offenses alleged to have been committed by a 10 child under the age of 18 against a parent or 11 guardian shall be addressed in accordance with 12 Article 7 rather than this article of this 13 act." 14 Now, Senator Montgomery, I'm sure 15 you're aware that under Article 8 there is 16 concurrent jurisdiction between the Family 17 Court and the criminal courts. And I believe 18 you alluded to that fact or certainly implied 19 that your concern here was primarily that 20 these events that occur between a child and a 21 parent or guardian under your bill not be 22 treated as a crime. Is that correct? 23 SENATOR MONTGOMERY: I am 24 proposing that that case be treated as a PINS 25 case, a person in need of supervision. And

Candyco Transcription Service, Inc. 1 the judge then has the option of kicking that 2 case up to a higher level. However, it starts 3 out as a basic PINS case. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Saland, do you wish Senator Montgomery 6 to yield? 7 SENATOR SALAND: If Senator 8 Montgomery would continue to yield. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Montgomery, do you continue to yield? 11 SENATOR MONTGOMERY: I do, Madam 12 President. 13 SENATOR SALAND: Are you then 14 saying that under Article 7 there is 15 concurrent jurisdiction between the Family 16 Court and Criminal Court? 17 SENATOR MONTGOMERY: Madam 18 President, through you, I think that the 19 difference that I'm -- the distinction that 20 I'm trying to make here is that we're not -- 21 we do not necessarily want the incident or we 22 want the child to be treated as a criminal 23 case. We want the option of the Family Court 24 judge -- the case starts as a person in need 25 of supervision. In the event that the judge

Candyco Transcription Service, Inc. 1 decides that it needs a higher level of 2 disposition, that Family Court judge has the 3 option to do that. But it doesn't start out 4 under Article 8 as a straight-up Family Court 5 or possibly criminal case. 6 SENATOR SALAND: Would the 7 Senator continue to yield. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Montgomery, do you continue to yield? 10 SENATOR MONTGOMERY: I do, Madam 11 President. 12 SENATOR SALAND: Senator 13 Montgomery, there's not a question whether it 14 starts out as a criminal case. Is it your 15 intent here that under no circumstance, under 16 your bill, would a child who, for example, 17 threatened a parent with a shotgun, that child 18 would be treated, under Article 7, as a PINS 19 and there would be no criminal jurisdiction? 20 SENATOR MONTGOMERY: Madam 21 President -- would you repeat the question, 22 Senator? 23 SENATOR SALAND: Is it your 24 intention that inasmuch as these otherwise 25 Article 8 proceedings would be treated under

Candyco Transcription Service, Inc. 1 Article 7, which is the PINS section, there 2 would be -- that there'd be no criminal 3 jurisdiction? 4 So in the example I gave you, a 5 child threatens a parent with a shotgun. 6 Under current law, that I believe would 7 constitute one of the degrees of menacing, and 8 there could be a criminal proceeding brought. 9 There would be concurrent jurisdiction both in 10 the Criminal Court and in the Family Court. 11 Under the PINS section, Article 7, there is no 12 concurrent jurisdiction, there is no criminal 13 jurisdiction. 14 So is it your intent that under no 15 circumstance could a criminal proceeding, 16 regardless of the actions of the child against 17 the parent or the guardian, be treated as a 18 criminal proceeding? 19 SENATOR MONTGOMERY: Through you, 20 Madam President, the -- in either case. In 21 the case that the judge determines to be 22 clearly more appropriately dealt with in 23 Criminal Court or in a higher part of the 24 Family Court, under Article 8 the judge does 25 have the option of moving that case into the

Candyco Transcription Service, Inc. 1 section that you're describing, Article 8. 2 But what this does is allows for 3 that young person to be dealt with, to be 4 provided with a different set of protections 5 that are not available to that young person 6 under Article 8. If in fact the judge 7 determines that it's more appropriate that 8 that young person be dealt with under the 9 Article 8 section, it is entirely at the 10 discretion of the judge to make that decision. 11 We're not removing the discretion of the 12 judge, as in any PINS case. 13 SENATOR SALAND: Would Senator 14 Montgomery continue to yield, please. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Montgomery, do you continue to yield? 17 SENATOR MONTGOMERY: Yes, Madam 18 President. 19 SENATOR SALAND: Senator 20 Montgomery, under Article 7, if you know, does 21 the presiding judge in Family Court who would 22 be hearing this PINS case have the ability to 23 transfer the proceeding to a criminal court? 24 SENATOR MONTGOMERY: Through you, 25 Madam President, my counsel informs me that

Candyco Transcription Service, Inc. 1 this bill allows the parent to be able to file 2 a case as a PINS, but it does not deny them 3 the opportunity to also file the case as a 4 criminal case under Article 8. 5 SENATOR SALAND: If the Senator 6 will continue to yield. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Montgomery, do you continue to yield? 9 SENATOR MONTGOMERY: Yes. 10 SENATOR SALAND: Could you or 11 your counsel point out the language, either in 12 this bill or in Article 7, that provides that 13 option? Because I haven't seen it, to be 14 perfectly honest with you, and I've looked for 15 it. And I'd welcome somebody being able to 16 point it out to me. 17 SENATOR MONTGOMERY: One second, 18 Senator. 19 SENATOR SALAND: Thank you. 20 (Pause.) 21 SENATOR MONTGOMERY: Through you, 22 Madam President, the parent makes a decision, 23 makes a choice, and essentially the relief 24 that the parent is looking for is an order of 25 protection which they can receive under

Candyco Transcription Service, Inc. 1 Article 8, as I indicated. The parent wants 2 to be provided some assistance, some relief, 3 immediate relief from this situation, and the 4 order of protection is available under Article 5 8. 6 This bill will allow for the same 7 order of protection to be provided to the 8 parent immediately. But in addition to that, 9 they are able -- the child is able and the 10 family are able to receive services that are 11 not available to them under Article 8. 12 SENATOR SALAND: Madam President, 13 would the Senator continue to yield. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Montgomery, do you continue to yield? 16 SENATOR MONTGOMERY: Yes. 17 SENATOR SALAND: If in fact that 18 is your intent, Senator Montgomery, I'll 19 invite you to look at lines 19 through 22, and 20 I'll read them, for purposes of this record. 21 "Family offenses alleged to have been 22 committed by child under the age of 18 against 23 a parent or guardian shall be addressed in 24 accordance with Article 7 rather than this 25 article" -- which is Article 8 -- "of this

Candyco Transcription Service, Inc. 1 act." 2 So you are specifically saying that 3 Article 8, which affords that option to that 4 parent, does not control, but in fact 5 Article 7, which is the PINS article, does 6 control, where that option is not afforded to 7 that parent. The language is clear and it's 8 unequivocal. If your intent is otherwise, 9 then your language does not match your intent; 10 in fact, is totally contrary to what you have 11 claimed your intent to be. 12 SENATOR MONTGOMERY: Madam 13 President, through you, I take exception to 14 your statement there or your conclusions based 15 on this language. 16 The language simply, in this 17 particular bill, says "Family offenses alleged 18 to have been committed by a child under the 19 age of 18 against a parent or guardian shall 20 be addressed in accordance with Article 7 21 rather than this article." Which is Article 22 8. 23 Under Article 8, the differences in 24 Article 8 and Article 7 are -- under 25 Article 8, no services can be ordered by the

Candyco Transcription Service, Inc. 1 judge for the child. The child's interests 2 and needs are not considered. The child, with 3 the order of protection, cannot stay at home, 4 cannot be placed. So that child is thrown out 5 of the house, is not allowed to be in the home 6 any longer, though the child maybe way 7 underage. The child does not receive a law 8 guardian to be assigned. And the child -- the 9 only relief in that case is that the child be 10 placed in an adult jail. 11 Under PINS, the child can receive 12 services vis-a-vis the judge, in consideration 13 of their needs, and an appropriate placement. 14 There are options that the judge has for 15 placement of that young person. They do 16 receive a law guardian. And only in cases of 17 absolute necessity would the child be placed 18 in detention. 19 That is the difference, and that is 20 why the bill removes those cases from 21 immediately Article 8 into Article 7, as a 22 PINS case, because it allows for a variety of 23 services and considerations for that child 24 that the judge does not have under Article 8. 25 That's the only purpose of this legislation,

Candyco Transcription Service, Inc. 1 Madam President. 2 SENATOR SALAND: Thank you, Madam 3 President. On the bill. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Thank you, Senator. 6 Senator Saland, on the bill. 7 SENATOR SALAND: Thank you, 8 Senator. On the bill. 9 Madam President, notwithstanding 10 Senator Montgomery's passionate commitment to 11 children that she may have and be attempting 12 to deal with with regard to this Article 7/ 13 Article 8 scenario that we've created, this is 14 an extraordinarily dangerous bill. This is a 15 bill which unfortunately the sponsor's 16 intentions are belied by the language of the 17 bill. This bill very clearly says -- and it's 18 in Article 8, it is amending Section 8-12. 19 And it clearly says that in the situation 20 involving a child and a parent, Article 8 does 21 not apply, Article 7 applies. 22 Article 7 is the PINS section, 23 which, yes, provides a plethora of services 24 not normally provided under Article 8. There 25 are circumstances, in some instances some

Candyco Transcription Service, Inc. 1 instances life-threatening circumstances, in 2 which it's very appropriate for criminal 3 jurisdiction to intervene. This would say in 4 absolutely no circumstance could there be that 5 kind of intervention. 6 There will be people were this bill 7 to pass both houses and be signed into law, 8 there will be people who will be badly 9 injured, there will be people who will be 10 possibly killed, there will be people who will 11 be maimed, and there will no concurrent 12 jurisdiction. 13 So I would assume, of necessity in 14 a criminal case, there would be some effort, 15 depending upon whether it's a truly violent 16 crime, under one section of the law to enable 17 a criminal prosecution, but there will be a 18 host of other sections, all of which are 19 defined -- the recklessness sections, the 20 mischief sections -- in which nothing will be 21 able to be done. 22 I would respectfully submit that 23 there are other ways to accomplish what 24 Senator Montgomery proposes to accomplish. 25 This is not the vehicle by which to do it.

Candyco Transcription Service, Inc. 1 This is not merely throwing the baby out with 2 the bath water, this is basically reordering 3 the entire system, reordering the entire 4 system and making it virtually impossible for 5 parents in any number of appropriate 6 situations to be able to call upon the 7 criminal courts for some type of relief. 8 And to say that there are no 9 circumstances under which an Article 8 offense 10 should be heard by a criminal court really is 11 a grotesque policy statement, and it's a 12 statement which should be denied by this body. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Savino. 15 SENATOR SAVINO: Thank you, Madam 16 President. 17 Senator Saland, would you yield for 18 a question? 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Saland, do you yield? 21 SENATOR SALAND: Yes. 22 SENATOR SAVINO: Thank you. 23 Through you, Madam President. 24 I've listened and I've read the 25 language on the bill, and so -- I mean, I'm

Candyco Transcription Service, Inc. 1 not totally sure I don't disagree with you 2 with respect to the way the bill is drafted, 3 and I think Senator Montgomery also heard 4 that. 5 However, are you opposed to the 6 intent of the legislation? 7 SENATOR SALAND: No, my concern 8 is that there are circumstances under which 9 these Article 8 offenses appropriately belong 10 in criminal court. 11 You may recall, and it's probably 12 before you were here serving, there was a time 13 when somebody who, particularly a woman in a 14 family offense case, had to make a choice as 15 to whether or not she wanted to go to Family 16 Court or whether or not she wanted to go to 17 Criminal Court. And there was a 72-hour 18 period within which she had to make that 19 choice. We changed that law in 1994. I 20 remember it well because it was part of the 21 Family Protection and Domestic Violence 22 Intervention Act, which I authored and every 23 member of the house at that time was a 24 cosponsor of. 25 We changed that law in order to

Candyco Transcription Service, Inc. 1 ensure that you had the ability to have 2 concurrent jurisdiction in these types of 3 cases. I don't know why anybody would want to 4 deny concurrent jurisdiction in these types of 5 cases. And if it's an unintended consequence 6 and Senator Montgomery would like to have the 7 ability of more services in a situation 8 involving a child and a parent, that's what 9 she should be doing, in my opinion. 10 I don't think this vehicle 11 accomplishes that limited intent that she 12 described as being her intent. This is 13 certainly far more of a blunderbuss approach 14 that throws everything out, because you're now 15 saying that Article 7 controls in those 16 situations involving a child and a parent or 17 guardian. 18 SENATOR SAVINO: Thank you, 19 Senator Saland. 20 On the bill itself. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Savino, on the bill. 23 SENATOR SAVINO: You know, I 24 cosponsored this bill with Senator Montgomery 25 and I support the intent behind the

Candyco Transcription Service, Inc. 1 legislation. And I think it's important for 2 those of you who are in the room who really 3 never spent a lot of time in the Family Court 4 system -- as Senator Saland has, as I have, as 5 Senator Montgomery has -- working within the 6 child welfare system, I think it's important 7 that we explain to people what the difference 8 is between a PINS petition and a family 9 offense and what the reality is for many 10 parents who are dealing with what can be 11 recalcitrant children to those who are capable 12 of violence offense. 13 Many parents who have children who 14 are adolescents are at their wit's end. And 15 they've sought treatment, they've sought 16 assistance, but they don't really know where 17 to go. And there comes a period of time where 18 a parent realizes that they may need 19 protection from their own child, and they have 20 one of two ways to go with this, depending on 21 the offense that the child commits. 22 Many parents don't realize that 23 they have the ability to go to the Family 24 Court and apply for a PINS petition before the 25 child's behavior becomes so bad that they fear

Candyco Transcription Service, Inc. 1 for themselves and other members of their 2 family. A PINS petition, though, provides 3 something that a family offense finding will 4 not provide to a parent, and what that is 5 predominantly is access to services that they 6 desperately need to deal with their 7 recalcitrant teenager or teenagers. 8 If you apply for a PINS petition 9 and you're granted that PINS petition, it 10 gives you access to a caseworker from the 11 local social service district. In the City of 12 New York, it's through the Administration of 13 Children's Services. You have a caseworker 14 who is then assigned to work with you to deal 15 with your child. 16 If you don't, if you only go the 17 family offense route, you don't have access to 18 that service. And that is what Senator 19 Montgomery is trying to provide. It shouldn't 20 get to the point where parents are required to 21 go and file a family offense petition and then 22 have that child that they haven't figured out 23 how to deal with, for a variety of reasons, 24 now have a case that's pending in Criminal 25 Court and Family Court because of the

Candyco Transcription Service, Inc. 1 concurrent jurisdiction. 2 That is the intent behind this 3 legislation. And if -- Senator Saland, I 4 think I heard you clearly, you support the 5 intent behind that. Your concern is behind 6 the way the bill is drafted, that the 7 unintended consequence of what could be a 8 legislative flaw could create a bigger problem 9 for these families. 10 So I'm still supporting this bill. 11 And I think we heard you clearly that the bill 12 may need some tweaks so that we achieve the 13 intent of the legislation which is so 14 important for families who really need some 15 service. You don't want to become a parent 16 who now says "I have nowhere to go but to 17 Criminal Court to find ways to deal with my 18 child." 19 Thank you. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Robach. 22 SENATOR ROBACH: Yes, Madam 23 President. On the bill. 24 While I certainly agree with my 25 colleague Steve Saland and understand Senator

Candyco Transcription Service, Inc. 1 Montgomery's best intentions, I guess I look 2 at it a little bit from the other way. I 3 think that people who are dealing with this 4 unfortunate incident with their children are 5 at least going to get a crash course on what 6 they have to do when they go through the 7 system. And no one likes to go through that. 8 But when I look at it globally, I'm 9 concerned with this bill because while I 10 understand the intention, I think there's a 11 bad consequence, that exactly what Senator 12 Savino spoke about will get swept under the 13 rug. If a young child is threatening 14 violently his own parents, you can only 15 imagine what might transpire when he's out of 16 the house. 17 And ironically, I just came from a 18 hearing on youth violence in the Office of 19 Children and Family Services. I know what 20 those results are. In the backyard of a 21 friend of mine, Officer Anthony DiPonzio of 22 Rochester, shot in the head by a 14-year-old 23 nine months out of OCFS. No supervision, and 24 clearly the wrong classification -- after the 25 fact, finding out all these violent things.

Candyco Transcription Service, Inc. 1 I believe if his parents or parent, 2 in this case, would have perhaps gone the 3 other route and made a little bit more of a 4 serious attempt to help this kid, it would not 5 only stop that violence but it also ironically 6 would have helped the individual, because 7 maybe he would have been in a different place 8 that wouldn't have allowed him to do this very 9 violent, impulsive behavior. 10 You know, President Kennedy said it 11 best, that the situation and crisis at hand 12 should dictate the right government action. 13 And we have, unfortunately -- it saddens me -- 14 an explosion of youth violence. I can't even 15 understand how a 15, a 16-year-old not only 16 killing people in authority -- you know, we 17 had another woman in Lockport that had a 18 blanket thrown over her and was beat with a 19 hammer by kids she was taking care of every 20 day, working for New York State government. 21 And then you hear about the other violence on 22 women, young girls, young boys. 23 So I don't have a lot of 24 constituents coming to me saying, "I'm worried 25 that my kid is put in the wrong

Candyco Transcription Service, Inc. 1 classification." I more get "I'm worried that 2 my kid's completely out of control and I don't 3 know what's going to happen," and I don't want 4 it to be after the fact when that young person 5 is arrested. 6 So I think we just have to be very, 7 very careful how we do this. And I think that 8 there could be a better way to make sure, in 9 the PINS -- which I fought very hard to get 10 that legislation passed -- that people can get 11 those services. But I don't think in any way, 12 shape or form should we nor should we deter 13 anybody from taking this growing number of 14 young people, who unfortunately are almost -- 15 are indicating violence or have committed some 16 degree of violence, from classifying them or 17 stopping them from prevailing more violence 18 anywhere in our society, both on their family, 19 to other young people, or to people in 20 authority. 21 So I would encourage a no vote and 22 say let's go back to the drawing board and try 23 to get to your goal in a better way that 24 doesn't put those young people or anybody in 25 the general public at risk.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Montgomery. 3 SENATOR MONTGOMERY: Yes, Madam 4 President. I appreciate Senator Robach's 5 comments, and I just want to certainly agree 6 with him that we are now treating children who 7 have problems, who run into trouble and who at 8 a very early stage in their lives exhibit, in 9 one way or another, some need for some 10 attention that we don't provide for them, some 11 support, and to address them at a stage in 12 their lives when it would make a difference. 13 I agree with you. 14 And so the manifestation of 15 these -- of issues that young people have at a 16 very early stage is violence at a later stage 17 that we don't understand and we can't figure 18 out what to do about. 19 So you're right, Senator Robach. I 20 certainly agree with you. And that was what 21 was my intent with this legislation. But 22 absolutely I agree with you that we -- this 23 bill does not really help with issues related 24 to family violence in a broader sense. It 25 does not help in providing a support system

Candyco Transcription Service, Inc. 1 for families with children, with young people 2 who are in trouble. It does not help to get 3 them help and assistance and support at a time 4 when it would be make a difference, where they 5 would not be confronted with a violent 6 teenager later in life. 7 So yes, you're right, it does not 8 do, really, what we need to be doing in this 9 house. But it was just aimed at hopefully 10 making sure that we don't rush every young 11 person into the criminal system, as opposed to 12 giving ourselves an opportunity to do some of 13 the things that you suggest that we need to 14 do. We need to look at them individually to 15 see what are the symptoms indicating what that 16 young person needs at an early enough stage. 17 So what I would like to do, Madam 18 President, I would like to lay this bill aside 19 so that hopefully we can discuss this in a 20 larger context, and to pick up on some of the 21 issues that Senator Robach has raised with 22 regard to looking at our youngsters at an 23 early enough stage so that we can actually 24 help them and avoid them having to be either 25 PINS or otherwise. I accept that, and I want

Candyco Transcription Service, Inc. 1 to make sure that what we do is in the best 2 interests of the families that we want to 3 support as well as the children that we want 4 to support. 5 So I would like to lay the bill 6 aside, and let's try to work on an agreement 7 where all of us can be comfortable with the 8 outcome. Thank you, Madam President. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator. 11 The bill is laid aside for the day 12 at the request of the sponsor. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 857, by Senator Duane, Senate Print 7873, an 16 act -- 17 SENATOR KLEIN: Lay the bill 18 aside for the day, please. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is laid aside for the day. 21 The Secretary will continue to 22 read. 23 THE SECRETARY: Calendar Number 24 866, by Member of the Assembly Gottfried, 25 Assembly Print Number 1729, an act to amend

Candyco Transcription Service, Inc. 1 the Public Health Law. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Are there any Senators wishing to be heard on 4 the bill? 5 Senator Hannon, on the bill. 6 SENATOR HANNON: Thank you, Madam 7 President. On the bill. 8 Although the goal of psychologists 9 to get accreditation with hospitals is, in 10 their mind, something they've long sought, 11 I've been surprised at the extraordinarily 12 strong memos that have been issued about this 13 from the people who run the Hospital 14 Association of New York State, from the people 15 who run the Greater Hospital Association of 16 New York, from the Medical Society of the 17 State of New York, and from New York 18 Association of Psychiatrists, all of whom 19 point out, in a very strong fashion, that 20 current law does not prohibit at all 21 psychologists from going on the staff of 22 hospitals, but feel constrained to strongly 23 object to this because of the mandate in the 24 statute. 25 At a time when we've had eight

Candyco Transcription Service, Inc. 1 straight cuts of assistance to these medical 2 institutions, it is too much for us to be 3 telling them how to further run and staff 4 their institutions when we're giving them less 5 resources. 6 For those reasons, I'm going to be 7 voting against this bill, Madam President. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Thank you, Senator Hannon. 10 Are there any other Senators 11 wishing to be heard on the bill? 12 Hearing none, the debate is closed. 13 The Secretary will please ring the bells. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 180th day. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Announce the results. 22 THE SECRETARY: In relation to 23 Calendar Number 866, those recorded in the 24 negative: Senators Bonacic, DeFrancisco, 25 Flanagan, Griffo, Hannon, Lanza, Larkin,

Candyco Transcription Service, Inc. 1 LaValle, Leibell, Libous, Little, Marcellino, 2 Maziarz, McDonald, Padavan, Ranzenhofer, 3 Robach, Saland, Seward, Skelos, Volker and 4 Winner. Also Senator Alesi. Also Senator 5 O. Johnson. 6 Pursuant to Rule 9, absent from 7 voting: Senators Farley, Golden, Nozzolio and 8 Young. 9 Ayes, 33. Nays, 24. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 Senator Klein, that completes the 13 reading of the controversial calendar. 14 SENATOR KLEIN: Madam President, 15 I believe there's a report of the Rules 16 Committee at the desk. I move that we adopt 17 the report at this time. 18 ACTING PRESIDENT STEWART-COUSINS: 19 There is a report of the Rules Committee at 20 the desk. 21 The Secretary will read. 22 THE SECRETARY: Senator Smith, 23 from the Committee on Rules, reports the 24 following bills: 25 By Senator Parker, Senate Print

Candyco Transcription Service, Inc. 1 2165B, an act to amend Chapter 912 of the Laws 2 of 1920; 3 By Senator Stavisky, Senate Print 4 2293B, an act to amend the Public Authorities 5 Law; 6 By Senator Huntley, Senate Print 7 3117A, an act to amend the Social Services 8 Law; 9 By Senator Dilan, Senate Print 10 3772A, an act to amend the Public Authorities 11 Law; 12 By Senator Foley, Senate Print 13 4272A, an act to amend the Social Services 14 Law; 15 By Senator Stachowski, Senate Print 16 4647B, an act to amend the Vehicle and Traffic 17 Law; 18 By Senator Hassell-Thompson, Senate 19 Print 5043A, an act to amend the Social 20 Services Law; 21 By Senator Valesky, Senate Print 22 5414A, an act to amend the Agriculture and 23 Markets Law; 24 By Senator Stavisky, Senate Print 25 5680, an act to amend the Executive Law and

Candyco Transcription Service, Inc. 1 the Penal Law; 2 By Senator Hassell-Thompson, Senate 3 Print 5999A, an act to amend the Executive 4 Law; 5 By Senator Hassell-Thompson, Senate 6 Print 6000A, an act to amend the Executive 7 Law; 8 By Senator Foley, Senate Print 9 6250, an act to amend the Environmental 10 Conservation Law; 11 By Senator Schneiderman, Senate 12 Print 7280A, an act to amend the Public 13 Authorities Law; 14 By Senator Adams, Senate Print 15 7379, an act to amend the Executive Law; 16 By Senator Valesky, Senate Print 17 7556, an act to amend the Tax Law; 18 And by Senator Squadron, Senate 19 Print 7855, an act to amend the Business 20 Corporation Law. 21 All bills ordered direct to third 22 reading. 23 ACTING PRESIDENT STEWART-COUSINS: 24 All those in favor of adopting the Rules 25 Committee report please signify by saying aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT STEWART-COUSINS: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 The Rules Committee report is adopted. 7 Senator Klein. 8 SENATOR KLEIN: Madam President, 9 at this time can we please go to a reading of 10 the supplemental calendar. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 971, by Senator Parker, Senate Print 2165B, an 15 act to amend Chapter 912 of the Laws of 1920. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 6. This 19 act shall -- 20 SENATOR WINNER: Lay the bill 21 aside. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is laid aside. 24 THE SECRETARY: Calendar Number 25 972, substituted earlier today by

Candyco Transcription Service, Inc. 1 Assemblymember Magnarelli, Assembly Print 356, 2 an act to amend the Public Authorities Law. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator LaValle, to explain his vote. 12 SENATOR LaVALLE: Thank you very 13 much, Madam President. 14 This is a bill that I think has an 15 important purpose, but at the same time it has 16 a fiscal impact for our community colleges, 17 who have been cut with their base aid and the 18 State University budget being cut. I'm asking 19 where is the money coming from. 20 And I find it difficult to support 21 the bill. While it has a good purpose, it is 22 an empty vessel because there is no money to 23 fund what is in this bill. So I am going to 24 vote in the negative on this legislation. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Thank you, Senator. 2 Are there any other Senators 3 wishing to explain his or her vote? 4 Seeing none, announce the results. 5 THE SECRETARY: In relation to 6 Calendar Number 972, those recorded in the 7 negative are Senators Flanagan, Golden, 8 Griffo, Larkin, LaValle, Little, Marcellino, 9 Seward, Skelos and Volker. 10 Ayes, 51. Nays 10. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 973, by Senator Huntley, Senate Print 3117A, 15 an act to amend the Social Services Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 180th day. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 Announce the results. 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 974, by Senator Dilan -- 5 SENATOR CRAIG JOHNSON: Lay it 6 aside for the day, please. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 975, by Senator Foley, Senate Print 4272A, an 11 act to amend the Social Services Law. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Announce the results. 21 THE SECRETARY: In relation to 22 Calendar Number 975, to be recorded in the 23 negative: Senators Duane and L. Krueger. 24 Ayes, 59. Nays, 2. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 976, by Senator Stachowski, Senate Print 4 4647B, an act to amend the Vehicle and Traffic 5 Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Read the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator DeFrancisco, to explain his vote. 15 SENATOR DeFRANCISCO: Yes, I'm 16 going to vote in the affirmative. 17 For those who don't know it, 18 Searles, whose name is in the caption, was an 19 Onondaga County sheriff who was killed when he 20 was making a stop on the side of a highway in 21 Onondaga County. 22 And I think this is a good bill. 23 It's a safety bill. And actually I think it's 24 a brilliant bill, because I put it in several 25 years ago; it's just a different sponsor with

Candyco Transcription Service, Inc. 1 the same language presently. 2 But whoever is sponsoring it, it's 3 still a good bill and it should be passed. I 4 vote aye. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator DeFrancisco to be recorded in the 7 affirmative. 8 Are there any other Senators 9 wishing to explain his or her vote? 10 Hearing none, announce the results. 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 977, by Senator Hassell-Thompson, Senate Print 16 5043A, an act to amend the Social Services 17 Law. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is high. Lay it aside for the day. 20 THE SECRETARY: In relation to 21 Calendar Number 978, Senator Valesky moves to 22 discharge, from the Committee on Agriculture, 23 Assembly Bill Number 6686A and substitute it 24 for the identical Senate Bill Number 5414A, 25 Third Reading Calendar 978.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Substitution ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 978, by Member of the Assembly Magee, Assembly 6 Print Number 6686A, an act to amend the 7 Agriculture and Markets Law. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 979, by Senator Stavisky -- 22 SENATOR CRAIG JOHNSON: Lay the 23 bill aside for the day, please. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The bill is laid aside for the day.

Candyco Transcription Service, Inc. 1 THE SECRETARY: In relation to 2 Calendar Number 980, Senator Hassell-Thompson 3 moves to discharge, from the Committee on 4 Investigations and Government Operations, 5 Assembly Bill Number 9020A and substitute it 6 for the identical Senate Bill Number 5999A, 7 Third Reading Calendar 980. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 980, by Member of the Assembly Destito, 12 Assembly Print Number 9020A, an act to amend 13 the Executive Law. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Read the last section. 16 THE SECRETARY: Section 7. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT STEWART-COUSINS: 22 Announce the results. 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: In relation to 2 Calendar Number 981, Senator Hassell-Thompson 3 moves to discharge, from the Committee on 4 Investigations and Government Operations, 5 Assembly Bill Number 9018A and substitute it 6 for the identical Senate Bill Number 6000A, 7 Third Reading Calendar 981. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 981, by Member of the Assembly John, Assembly 12 Print Number 9018A, an act to amend the 13 Executive Law. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Read the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT STEWART-COUSINS: 22 Announce the results. 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 982, by Senator Foley, Senate Print 6250, an 3 act to amend the Environmental Conservation 4 Law. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Fuschillo, to explain his vote. 14 SENATOR FUSCHILLO: Thank you 15 very much. 16 I'm going to be supportive of this 17 legislation. It repeals the fishing license 18 fee here in New York State for saltwater 19 recreational fishing. I voted against this 20 last year when you implemented it on the other 21 side of the aisle. It was wrong then, and 22 it's doing the right thing today. 23 I support this legislation. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Fuschillo to be recorded in the

Candyco Transcription Service, Inc. 1 affirmative. 2 Are there any other Senators 3 wishing to explain his or her vote? 4 Senator LaValle, to explain his 5 vote. 6 SENATOR LaVALLE: I just want to 7 reiterate what Senator Fuschillo has said, 8 that when this was in the budget I voted 9 against this, and it's good to see it here. 10 What has happened in my Senate 11 district, because we have -- under the various 12 patents from colonial times, the land was 13 given to the freeholders -- trustees who have 14 control over the bay bottoms. They have 15 literally brought lawsuits and expended 16 taxpayer dollars to defend their rights as 17 trustees. 18 So I am hopeful that this bill 19 passes both houses and that there is 20 commensurate dollars in the budget to ensure 21 that the saltwater fishing license fee is done 22 away with. So I vote in the affirmative. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator LaValle to be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 Are there any other Senators 2 wishing to explain his or her vote? 3 Seeing none, announce the results. 4 THE SECRETARY: In relation to 5 Calendar Number 982, Senator Aubertine to be 6 recorded in the negative. 7 Ayes, 60. Nays, 1. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 983, by Senator Schneiderman, Senate Print -- 12 SENATOR MAZIARZ: Lay the bill 13 aside, please. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is laid aside. 16 THE SECRETARY: In relation to 17 Calendar Number 984, Senator Adams moves to 18 discharge, from the Committee on 19 Investigations and Government Operations, 20 Assembly Bill Number 10180 and substitute it 21 for the identical Senate Bill Number 7379, 22 Third Reading Calendar 984. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Substitution ordered. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 984, by Member of the Assembly Weinstein, 2 Assembly Print Number 10180, an act to amend 3 the Executive Law. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect nine months from the 8 date it shall have become law. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT STEWART-COUSINS: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 985, by Senator Valesky, Senate Print 7556, an 19 act to amend the Tax Law. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Read the last section. 22 THE SECRETARY: Section 8. This 23 act shall take effect immediately. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Valesky, to explain his vote. 4 SENATOR VALESKY: Yes, thank you, 5 Madam President. 6 This is a very, very important 7 piece of legislation, a Governor's program 8 bill that makes corrections to a law that this 9 Senate passed last year to enhance the 10 Historic Rehabilitation Tax Credit. It was 11 believed at that time that banks and insurance 12 companies, both of which are significant 13 investors in development projects, would have 14 been included. This legislation, a technical 15 correction, was necessary to make clear in law 16 that banks and insurance companies can indeed 17 qualify for the tax credit. 18 This is a significant piece of 19 economic development legislation for the 20 entire state, but particularly for upstate. 21 And I just want to share with my colleagues -- 22 and appreciate their support on both sides of 23 the aisle -- a list has been compiled by the 24 Preservation League, developers and others of 25 over 20 projects in cities across upstate

Candyco Transcription Service, Inc. 1 New York, including Cohoes, Buffalo, the 2 Hurbson building project in Syracuse, 3 Binghamton, North Tonawanda, Buffalo again, 4 Albany, Rochester, the Pike Block project in 5 Syracuse, and a number of others, projects 6 that will be eligible to be advanced through 7 this legislation should it be passed in the 8 Assembly and signed into law by the Governor. 9 So I want to thank all of the 10 members of the Senate, on both sides of the 11 aisle, for their support in this critical 12 piece of economic development legislation. I 13 vote in the affirmative. Thank you. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Valesky to be recorded in the 16 affirmative. 17 Senator Foley. 18 SENATOR FOLEY: Thank you, Madam 19 President. I rise in strong support of this 20 legislation and also to commend Senator 21 Valesky for putting this forward. 22 We live in a state that has many 23 historic buildings, from Montauk Point to 24 Niagara Falls and points in between. And this 25 particular incentive, if you will, both

Candyco Transcription Service, Inc. 1 economic as well as historic, will enable 2 many, many buildings and homes, particularly 3 buildings throughout the state, that have 4 great historic value to be saved and also to 5 be utilized in a fashion that will create jobs 6 and the like. 7 So this is a very important piece 8 of legislation. This is truly an incentive. 9 Other states have done this for years. So I'm 10 happy and pleased to see that the real 11 historic treasures of this state can now be 12 saved through this very innovative piece of 13 legislation. And again, I'd like to commend 14 Senator Valesky for putting it forward. I 15 will vote in the affirmative. 16 Thank you, Madam President. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Foley to be recorded in the 19 affirmative. 20 Senator C. Johnson. 21 SENATOR CRAIG JOHNSON: Thank 22 you, Madam President. I also rise to support 23 this piece of legislation. 24 I want to commend the sponsor, 25 Senator Valesky. For the last couple of years

Candyco Transcription Service, Inc. 1 it's been a passion for him to ensure that 2 this legislation get passed. It was passed 3 beforehand, and he saw the need for the 4 technical amendment and was able to get it 5 done. 6 And I appreciate that, especially 7 for my district. The beautiful village of 8 Roslyn, the old village of Roslyn, when you 9 drive through, is littered, literally, with 10 hundreds of historic homes and properties. 11 And this tax credit is going to enable an 12 area -- which quite frankly, and all 13 throughout the state, is facing very difficult 14 economic times -- the ability to rehab the 15 properties that so deserve it. 16 So again, I want to commend Senator 17 Valesky as well as the entire Senate body for 18 making sure this legislation passed. 19 Thank you very much. I vote in the 20 affirmative. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator C. Johnson to be recorded in the 23 affirmative. 24 Senator Golden, to explain his 25 vote.

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: Thank you, Madam 2 President. I too rise, I believe this is a 3 good bill. 4 Coming from the communities of Bay 5 Ridge and Dyker and Bensonhurst, where I 6 represent, that is where the British landed 7 many, many hundreds of years ago, and they ran 8 down those avenues. And we have historic 9 buildings that are there that can -- the 10 New Utrecht Reformed, which is one of the 11 oldest structures in the city and state of 12 New York. We have Fort Hamilton Army Base, 13 built back in 1825. We have so many 14 facilities that are in our community that have 15 so much history. 16 And today I'm gifted to have the 17 class from McKinley Junior High School here, 18 from the Dyker Heights/Bay Ridge community, 19 who live in that whole historic community. 20 And one of my winners from the Senator for a 21 Day contest up here, and their essays, and 22 that's Norman Zhao. And I want to 23 congratulate him and his teacher and his class 24 for being here today and watching and 25 witnessing legislation being passed that will

Candyco Transcription Service, Inc. 1 help preserve the old buildings in our 2 community and maintain history. 3 And I think this is a good day for 4 them and a good day for this chamber. 5 Thank you, Madam President. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you, Senator Golden. Senator Golden to 8 be recorded in the affirmative. 9 Senator Padavan, to explain his 10 vote. 11 SENATOR PADAVAN: Yes, thank you. 12 Madam President, as the sponsor of 13 the underlying legislation in 2006 that 14 established this system of credits, I'm happy 15 to say that over those years that have passed, 16 hundreds and hundreds of historic buildings in 17 this state have been saved from the wrecking 18 ball by virtue of the credits that were made 19 available and made it feasible for their 20 rehabilitation and saving them, plain and 21 simple. 22 And so for that reason I'm happy to 23 support this legislation, which goes a step 24 further and enhances that underlying program 25 to further do the things we set out to do, to

Candyco Transcription Service, Inc. 1 ensure that those buildings and facilities of 2 historic nature and of architectural value are 3 sustained and maintained and continued so that 4 generations to come will enjoy not only being 5 in them and seeing them, but knowing that the 6 people who built them were individuals of 7 great esteem and the facilities that they 8 provide are of value to our quality of life. 9 Thank you, Madam President. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Padavan to be recorded in the 12 affirmative. 13 Are there any other Senators 14 wishing to explain his or her vote? 15 Hearing none, announce the results. 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The bill is passed. 19 THE SECRETARY: Calendar Number 20 986, by Senator Squadron, Senate Print 7855, 21 an act to amend the Business Corporation Law. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 60th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Announce the results. 6 THE SECRETARY: In relation to 7 Calendar Number 986, Senator O. Johnson to be 8 recorded in the negative. 9 Ayes, 60. Nays, 1. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 Senator Johnson, that completes the 13 reading of the noncontroversial supplemental 14 calendar. 15 SENATOR CRAIG JOHNSON: Thank 16 you. Madam President, at this time can we go 17 to the controversial reading of the 18 supplemental calendar. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The Secretary will ring the bell. 21 Members are all asked to come to 22 the chamber for the reading of the 23 controversial supplemental calendar. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 971, by Senator Parker, Senate Print 2165B, an 2 act to amend Chapter 912 of the Laws of 1920. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Padavan. 5 SENATOR PADAVAN: Thank you, 6 Madam President. 7 I rise to express a point of view 8 that would hopefully lead you to reject this 9 proposal. I am strongly in opposition to 10 legalizing what is referred to as mixed 11 martial arts in the State of New York. 12 When the promoters advertise, show 13 these combative sports on TV and elsewhere, 14 they refer to them not as mixed martial arts 15 but as ultimate fighting. Ultimate fighting. 16 And that's exactly what they are. We're 17 teaching our children that you can rap 18 somebody in the back of his neck with your 19 elbow, knee him in the groin, knock him down 20 and beat him up while he's on the ground, with 21 blood all over the place, and that's perfectly 22 all right, that that's a sport. 23 Well, I suggest to you that it's 24 far from a sport. It is barbaric in every 25 sense of the word. Yes, it's being done

Candyco Transcription Service, Inc. 1 elsewhere in other venues, but that doesn't 2 mean we have to do it in New York. 3 I have in front of me a memo from 4 the New York State Catholic Conference, which 5 strongly opposes this bill. And I'd like to 6 just read a couple of sentences from it. "The 7 fight involved knees to the groin, kidney 8 punches, knees to the head, and a lot of the 9 aforementioned choking. Please don't show our 10 children that the well-being of the men and 11 women caught up in this violent degradation 12 are worth less than the animals such as 13 Buster's Law that we have so diligently 14 designed to protect animals." 15 We outlawed animal fighting in this 16 state, which is ultimate fighting, because 17 they fight to the death in most cases. Why 18 the revenues, whatever they might be, that 19 this particular active activity will generate 20 so far transcend the message that we are 21 generating by instituting it justifies passing 22 this bill I am totally incapable of 23 understanding. 24 So I would strongly urge that we 25 reject this bill, that we listen carefully to

Candyco Transcription Service, Inc. 1 what others are saying in opposition, that we 2 teach our children that this type of contact 3 between human beings is just not acceptable 4 and certainly should not be viewed as a sport. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Thank you. 7 Senator L. Krueger. 8 SENATOR LIZ KRUEGER: Thank you, 9 Madam President. 10 I rise to share my concern, as 11 Senator Padavan has, that this is a very bad 12 mistake for New York State. Mixed martial 13 arts encourages violence among our children. 14 There's no getting around the violence in the 15 sport. Medical experts agree participation 16 can lead to permanent brain damage and 17 premature death. 18 Other sports are finally starting 19 to realize the dangers of concussions and 20 acting to reduce them. But in mixed martial 21 arts they wear no padding, they wear no 22 helmets, they wear no protective gear, even 23 like boxing. 24 When other communities have acted 25 to legalize, inevitably we have seen increased

Candyco Transcription Service, Inc. 1 injuries and, yes, some deaths that followed. 2 And I share my colleague's concern that it 3 encourages dangerous behavior by children who 4 won't know any of the rules to follow to be 5 careful, who will just be copying what they 6 see going on on TVs. 7 The New York Times recently had an 8 article discussing the concerns that this is 9 increasing violence in our society, that even 10 though supposedly the rules have changed in 11 the modern version of mixed martial arts, it 12 still results in serious danger and harm done 13 to the people who participate. 14 The most forceful argument I've 15 seen comes from the British Medical 16 Association, which is battling to ban both 17 ultimate fighting and boxing, and they 18 declared that "Doctors cannot stand by while 19 violent fighting tournaments are allowed to 20 take place. Large money can be earned by 21 participants, promoters and others linked to 22 the ultimate fighting, but no amount of money 23 can compensate for permanent brain damage and 24 premature death." 25 I know we live in a violent

Candyco Transcription Service, Inc. 1 society. I know you can't legislate against 2 violence. I know that our children get mixed 3 messages all the time -- some of them good, 4 some of them towards violence. But I can't 5 vote for a bill that would increase the number 6 of legal activities that promote violence, 7 that can cause serious permanent brain damage 8 or death, and will be used as models by our 9 young children about what are considered 10 acceptable sports activities and unacceptable 11 activities. I urge my colleagues to vote no. 12 Thank you, Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Klein, on the bill. 15 SENATOR KLEIN: Thank you, Madam 16 President. I rise in support of this 17 legislation and commend my colleague Senator 18 Parker for bringing this legislation to the 19 floor. 20 Clearly we've heard a lot about 21 this specific sport. And certainly if it were 22 back in 1997 when New York State banned mixed 23 martial arts because at the time it was 24 completely unregulated and a dangerous 25 activity and often compared to human

Candyco Transcription Service, Inc. 1 cockfighting, that certainly is no longer the 2 case right now. 3 Since that time, it's been 4 regulated, a regulated sport in 37 states 5 which created rules and guidelines to prevent 6 the savagery once associated with this sport. 7 So it's come a long way. It is regulated very 8 similar to how we regulate boxing. It's very 9 similar to how we regulate wrestling. 10 And I think the time has come for 11 New York State to be the 38th state that 12 allows mixed martial arts. If you look at -- 13 ACTING PRESIDENT STEWART-COUSINS: 14 Can we have order in the chamber, please. 15 SENATOR KLEIN: Thank you, Madam 16 President. 17 If you look at the success rate of 18 the sport as far as a revenue generator in 19 other states, it's outstanding. The 20 pay-per-view for the events is off the charts. 21 Neighboring New Jersey, in the Meadowlands and 22 other venues, packs arenas. This is something 23 that I think can do the same thing for 24 New York State. 25 You know, I firmly believe that,

Candyco Transcription Service, Inc. 1 you know, people around our great state want 2 to watch this. And as long as it's regulated, 3 which it will be under this bill, I think we 4 can generate an awful lot of revenue for many 5 regions around our state. I know Senator 6 Griffo is supportive of this legislation. I 7 know one of the top-ranked fighters is a 8 constituent of his. So there is this New York 9 connection. 10 I know the numbers are not quite 11 clear, but it has been said we can generate 12 certainly in the first year upward of 13 $5 million. And of course in the legislation 14 there is a 10 percent tax on receipts on 15 ticket sales as well as broadcasting rights, 16 and I think with time this can be a very 17 compelling revenue generator for the state as 18 well as a recurring one. 19 So I vote yes, Madam President. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Thank you, Senator. 22 Senator Padavan, why do you rise? 23 SENATOR PADAVAN: Will Senator 24 Klein yield to a question. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Klein, will you yield to a question? 2 SENATOR KLEIN: Yes, Madam 3 President. 4 SENATOR PADAVAN: The regulations 5 you referred to, do they allow choking? 6 SENATOR KLEIN: I don't see the 7 specifics on what's allowed and what's not 8 allowed. 9 SENATOR PADAVAN: Well, they do. 10 Do they allow hitting when the individual is 11 down on the ground? 12 SENATOR KLEIN: I do have it now. 13 Striking, kicking and grappling. 14 SENATOR PADAVAN: Is what? 15 SENATOR KLEIN: Are the precise 16 words that are allowed. 17 SENATOR PADAVAN: That are 18 allowed. 19 SENATOR KLEIN: That are allowed. 20 I don't see anything that says choking. 21 SENATOR PADAVAN: It doesn't say 22 it's prohibited, though. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Padavan. 25 SENATOR PADAVAN: Would he yield.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Will you continue to yield, Senator Klein? 3 SENATOR KLEIN: Yes, Madam 4 President. 5 SENATOR PADAVAN: Does it say 6 it's prohibited? 7 SENATOR KLEIN: It specifically 8 states the permitted martial arts 9 techniques -- which is in the legislation, 10 Senator -- which is striking, kicking and 11 grappling. 12 SENATOR PADAVAN: Senator, you 13 have not answered my question -- 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Padavan, do you wish Senator -- 16 SENATOR PADAVAN: -- but let me 17 go on to another one. 18 SENATOR KLEIN: Again, I will 19 answer your question, Senator. I assume, if 20 they're stating the specific things that are 21 allowed, other things like choking would not 22 be allowed under the legislation. 23 SENATOR PADAVAN: Madam 24 President, the fact that it doesn't say it is 25 not allowed doesn't mean that it is allowed.

Candyco Transcription Service, Inc. 1 It does mean it's allowed, because it's being 2 done. You talked about those 37 venues. Turn 3 it on, look at one of those fights going on in 4 the cages. You will see choking, you will see 5 kneeing, you will see people being hit while 6 they're on the ground and blooded. And it is 7 permitted by those regulations, which I assume 8 are the very same regulations you are 9 referring to. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Padavan, are you on the bill or -- 12 SENATOR PADAVAN: Yes, I'm taking 13 a second bite at the apple, if I may. Because 14 the Senator is not going to yield, obviously, 15 to the question that I'm asking. 16 It is not prohibited. These things 17 are allowed. They are going on today. And I 18 don't care about the $5 million. But I do 19 care about what we are teaching our children. 20 Now, I'm familiar with when we send 21 our kids to learn judo, taekwondo and other 22 martial arts, and I've been in those places, 23 and I've seen what those children are 24 learning, and it's great. But you don't, you 25 don't knee somebody in the groin, you don't

Candyco Transcription Service, Inc. 1 hit them in the back of the neck with your 2 elbow, you don't beat them up while they're 3 lying on the ground, and you don't choke them. 4 And that's what this type of 5 ultimate fighting will provide. And if you 6 allowed some of these promoters to go further, 7 they'd have the thumbs up or thumbs down part 8 of it. But they don't go that far. But they 9 certainly do allow someone to be beaten 10 unconscious before that fight will be stopped. 11 It's not something I think this 12 state, with all due regard to what's going on 13 elsewhere, should permit to be happening. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Volker, on the bill. 16 SENATOR VOLKER: Madam President, 17 you know, over the years I have spoken on a 18 number of occasions on violence and 19 television, and I'm the first one to say that 20 it's almost uncontrollable. And when you 21 start talking, for instance, about gun 22 violence, it's kind of a laughable thing to me 23 when people don't realize that the amount of 24 violence, the number of people killed by fists 25 and clubs and other means other than guns has

Candyco Transcription Service, Inc. 1 been rising at a dramatic rate. 2 I think violence -- and especially 3 for our young people, that a great reason why 4 we have so many problems in our schools has to 5 do with what young people see on television. 6 And I know they can see it on the Internet and 7 so forth. That doesn't make it any more 8 right. 9 I've seen this ultimate fighting 10 stuff. And if you think about it, boxing, a 11 tough sport, but there are all sorts of rules 12 that govern what can be done during a fight. 13 Senator Krueger and Senator Padavan are right, 14 that ultimate fighting is really about as far 15 out as you can get without going back to the 16 old gladiatorial system. 17 I realize that it's hard for us to 18 control what our children see, what our people 19 see. Many of us who have been involved in 20 criminal justice are absolutely convinced that 21 the amount of violence in our streets is 22 directly related to what they see and to what 23 is being produced by Hollywood and many other 24 people and the dramatic nature of the bloody 25 kinds of things that we are involved in.

Candyco Transcription Service, Inc. 1 Normally, I speak only where there 2 is terms of something that we can absolutely 3 stop. We can't absolutely stop this ultimate 4 fighting, but we can send a message to our 5 people here in New York that New York is not 6 ready to brutalize people in a public way. 7 And having watched these ultimate fights and 8 the way that they're done -- and I'll show you 9 one thing. Some people now out in the streets 10 are beginning to practice ultimate fighting. 11 And, you know, it seems to me that it will 12 only lead to more violence, to more problems, 13 that we sometimes completely forget about. 14 So I'm with Senator Padavan and 15 Senator Krueger. This type of activity should 16 not be legalized in New York, and we should 17 try wherever we can to curb violence on TV and 18 on the Internet. Because if we don't, it's 19 very possible our society may be headed for an 20 even worse situation than we're in today. 21 So I'm going to vote against this 22 legislation. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Alesi, on the bill. 25 SENATOR ALESI: Madam President,

Candyco Transcription Service, Inc. 1 my colleagues, thank you. 2 I'm almost feeling a little bit 3 uncomfortable saying that I am opposing this 4 bill, because having watched ultimate fighting 5 or whatever else you want to call in a more 6 sanitized version, it literally turns my 7 stomach. And for those people who are not 8 affected in that way, I would broaden it and 9 simply say this, that anyone that can get over 10 watching this for any extended period of time 11 has to become desensitized, desensitized to 12 this kind of brutality. 13 And if there is any one thing we 14 know about problems with young people and 15 violence across this nation -- in fact, 16 violence throughout the world -- it is that 17 they have become desensitized to violence by 18 watching violence on television, by watching 19 people be killed by guns, by watching people 20 be brutally beaten, to the extent where when 21 they see it in real life, they're completely 22 desensitized to it. It doesn't mean anything 23 to them. 24 And for those people, many of whom 25 are now involved in violent crime, a lot of

Candyco Transcription Service, Inc. 1 times I believe you can trace some of that 2 violence back to the fact that they've been 3 exposed to it over and over and over and over 4 again so many times, they don't see it or feel 5 it as violence. 6 Now, you can see this on television 7 right now. And as Senator Volker said, yeah, 8 can you catch it on the Internet. And there's 9 no preventing that. Although the bill says if 10 you're 16 years or younger you can't attend 11 one of these events. But you can see them. 12 And I guarantee you the more we see this, the 13 more this kind of brutally is going to mean 14 nothing to younger people. And I also believe 15 that there will probably come a time where 16 even though the bill does not address amateur 17 bouts, you'll start to see amateur bouts that 18 are not sanctioned happening in neighborhoods 19 or other places. 20 This bill also says you have to be 21 18 years old or so. That's pretty young. 22 When you've watched ultimate fighting, 18 23 years old is pretty young to be in a situation 24 like that, especially when the bill allows you 25 to have a fight every 72 hours -- one fight

Candyco Transcription Service, Inc. 1 every three days if you can do it. If you can 2 pass the physical, if your brains and your 3 body aren't so beat up. 4 I know this is a big economic 5 generator. And my best guess is this bill 6 will be passed based on the fact that New York 7 doesn't want to lose this great opportunity at 8 revenue. But I truly and honestly believe 9 that the more we expose people in our society 10 to this kind of brutality, the more they're 11 going to be desensitized to it and the more 12 outside of the ring we're going to see this 13 kind of activity in our streets and in our 14 schools and places where we would like young 15 people as well as people of older ages to feel 16 safe. 17 This is going to erode the safety 18 of our communities, our schools and our 19 neighborhoods. And I have to vote no on that 20 basis. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Leibell. 23 SENATOR LEIBELL: Thank you, 24 Madam President. Just to echo some of the 25 recent comments of my colleagues.

Candyco Transcription Service, Inc. 1 There has to be a distinction 2 between what's acceptable sport and what is 3 pure brutality. We have all discussed, and we 4 have discussed it as a nation, the violence 5 that we see within our society. I have to 6 believe that encouraging something like this, 7 especially as some sort of an economic engine, 8 can only reduce our society to more and more 9 violence. 10 I mean, how many times do we 11 discuss the injuries that come about from 12 sports such as football, the head traumas? 13 We've seen our professional athletes, how many 14 of them at a relatively early age are maimed 15 and crippled. 16 Regardless of the dollars involved 17 for this state, this is a bad way to go. We 18 should be looking for ways to address violence 19 within our society. Madam President, I'll be 20 voting in the negative. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Thank you, Senator. 23 Senator Parker. 24 SENATOR PARKER: Thank you, Madam 25 President. On the bill.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Parker, would you yield to Senator 3 Lanza? 4 SENATOR PARKER: For Senator 5 Lanza, anything. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Lanza, on the bill. 8 SENATOR LANZA: Thank you, Madam 9 President. And thank you, Senator Parker. 10 I'll be brief. As I listened to my 11 colleagues Senator Padavan, Senators Volker, 12 Leibell, Alesi, I just want to say, Madam 13 President, I couldn't agree more. We're 14 really living through tough times. Economic, 15 we're 75 or 76 days late with the budget here 16 in this state. We've got so many important 17 social issues that we need to address in this 18 state and across the country. People who are 19 impoverished, people looking for a job -- 20 there's so many things that we have a 21 responsibility here as a Legislature to 22 address. 23 And I just feel that we can do so 24 much better than legislation like this. This 25 can't be the best that we can do.

Candyco Transcription Service, Inc. 1 And as I listen to the reasons that 2 those who support this legislation offer up, 3 it seems to come down to money. No one's 4 saying anything good about this activity and 5 this conduct. And I just happen to believe 6 that money doesn't make everything all right, 7 that just because you can profit from 8 something it's a good thing. 9 And there are lots of things that 10 we know that people profit from, whether it's 11 the drug trade or others -- and I'm not 12 comparing this to the drug trade. But I'm 13 just saying that making money doesn't make 14 right or make good or make decent. And this 15 truly is a terrible message to be sending. 16 You know, as a father of three 17 young children, I can tell you I think it's 18 tougher than ever to raise kids the right way 19 in a society where they are continually 20 bombarded by all sorts of garbage and 21 nonsense. And I think this will make it 22 harder. 23 You know what the world needs now, 24 as the song says, is more love. Some decency, 25 some compassion. And that's what we should be

Candyco Transcription Service, Inc. 1 talking about. And that's what we should be 2 delivering. We should not send this terrible 3 message that it's okay to really brutalize 4 human decency. 5 You know, there is a famous 6 football player who went to jail because 7 people were profiting and watching and 8 enjoying dogs fighting. In this state you can 9 go to jail if you let birds fight. Do we 10 truly believe that birds and dogs are more 11 important than people? I really think that 12 that's the message being sent here. And it is 13 truly a terrible one. 14 And for that reason, I'm going to 15 be voting no. Thank you, Madam President. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Thank you, Senator. 18 Senator Parker, to close. 19 SENATOR PARKER: Thank you, Madam 20 President. On the bill. 21 I did not realize we had so many 22 peaceniks in this chamber. But let me just -- 23 I rise to, as the sponsor of this bill, just 24 really to, one, clip some things that I think 25 are misunderstood about this sport.

Candyco Transcription Service, Inc. 1 Mixed martial arts is a legitimate 2 sport. It is a sport that has grown over the 3 last number of years. You'll see, out of the 4 44 states in this great union that have 5 sporting commissions, as Senator Klein 6 indicated, 37 of them have sanctioned mixed 7 martial arts as a legitimate sport. 8 What my bill attempts to do is to 9 essentially bring us into the mainstream, is 10 to address some of the concerns that people 11 have in this chamber. I agree with almost all 12 of my colleagues with their concerns I guess 13 about violence in our society. I'm not clear 14 that the legalization and regulation of mixed 15 martial arts in the State of New York is going 16 to add to that. 17 I think that if we are going to ban 18 this, then we ought to be talking about an 19 omnibus bill where we ban boxing from the 20 state, where we ban hockey from the state, 21 where we ban football from the state, where we 22 ban lacrosse from the state. I mean, you 23 know, we have three competitive hockey teams 24 that play in and around the greater New York 25 area and the State of New York, and this is a

Candyco Transcription Service, Inc. 1 sport, you know, where fighting and people 2 losing teeth is part of the everyday activity. 3 And we just celebrated the championship of 4 that sport. Mixed martial arts is actually 5 far more regulated than the fighting that many 6 people in this room enjoy in hockey. 7 That being said, there's again some 8 conceptions about the kind of striking that 9 can be done. What we're doing in this bill is 10 that we're regulating it. We're saying what 11 can and can't be done. We're saying that 12 there has to be a level of safety. We're 13 saying there has to be a level of humanity in 14 this bill. 15 Senator Padavan, some of the things 16 that -- I certainly understand and really 17 sympathize with some of your sentiment about 18 this, because I know that you feel very, very 19 strongly about this, as you do many issues 20 that you speak about on this floor. 21 Striking to the back of the neck is 22 not allowed. Kicking and striking people 23 while they're down is allowed in certain 24 circumstances, but it's not standing over 25 somebody and then stomping them. That's kind

Candyco Transcription Service, Inc. 1 of not what happens. 2 Also the conversation kind of, you 3 know, in this chamber describes an event that, 4 you know, is almost like gladiarism {sic}. 5 All right? And that's not in fact what 6 happens. There is in fact a referee. There 7 is in fact somebody who monitors it. There is 8 in fact -- you're right that there are 9 submission holds in which people are allowed 10 to tap out or in fact the referee can let 11 people come out of it. 12 But when you look at the rates of 13 injury -- and Senator Krueger spoke to this as 14 well -- when you look at the rates of injury, 15 particularly concussions, they're actually 16 significantly and dramatically less in mixed 17 martial arts than there are in boxing. 18 Significantly less. And why? Because 19 actually most of the bouts are not decided by 20 people pounding or punching or kicking. 21 And it's tightly regulated. We 22 will be putting those regulations over to our 23 New York State commission that I think we all 24 trust to do the right thing as relates to 25 regulating the sport. And I think that it

Candyco Transcription Service, Inc. 1 will be something that I think ultimately 2 people will see as a very worthy sport. 3 There are already places that are 4 engaging in doing training around the sport. 5 Even though bouts aren't allowed, people are 6 still training in the State of New York. 7 Again, we want to bring all of that under 8 regulation. We want to make sure that people 9 are safe when participating in the sport, 10 because this is a sport. And we certainly 11 don't want our young people hurt or injured in 12 any significant way in the sport. 13 And when people have spoken to the 14 economic implications of this legislation, I 15 think that people have frankly understated 16 them. When you talk about the actual help to 17 the economy in upstate New York by this 18 legislation, you're talking about, to start, 19 it will be $5.2 million and another 20 $11.5 million in New York City because of the 21 economic activity, both because of the actual 22 events as well as people coming into town and 23 the other kinds of things, the ancillary 24 economic activity that surrounds a sanctioned 25 bout.

Candyco Transcription Service, Inc. 1 And so I ask my colleagues to, you 2 know, don't rush to judgment about the level 3 of violence that they believe that they see in 4 this and give the sport a chance. Let us work 5 with our state sports commission to regulate 6 it and to do the right thing economically in 7 the State of New York around this bill. 8 Thank you very much. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator Parker. 11 Are there any other Senators 12 wishing to be heard? 13 Hearing none, the debate is closed. 14 The Secretary will please ring the bell. 15 Read the last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect on the 120th day. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Larkin, to explain his vote. 23 SENATOR LARKIN: Thank you, Madam 24 President. 25 I can't believe that we've wasted

Candyco Transcription Service, Inc. 1 an hour of valuable time here this afternoon 2 when we should have been doing something about 3 an important thing called the budget. 4 When you start to look at these 5 innate actions that we see when we've taken 6 the time to watch this on TV, now I know where 7 all of the games in my city of Kingston and 8 Newburgh, where they get all of their talent 9 from watching this. We're not teaching young 10 people how to be adults, we're teaching young 11 people how to be hoodlums. Look what they do 12 on this show -- pound one another, kick one 13 another. My friend Carl Marcellino said they 14 have those big boxing gloves, they have those 15 leather hand gloves so they can hit and punch 16 one another. 17 This is a disgrace, this bill is. 18 We should be ashamed of ourself as a 19 legislative body, putting this out here. The 20 next thing, we'll find a street fight in one 21 of our cities and everybody will say, well, 22 they do it on television. You people signed a 23 law to let it happen. This is a disgrace. 24 I will be able to look at my 25 grandchildren this weekend and say "I don't

Candyco Transcription Service, Inc. 1 let you watch it on TV, and I didn't vote for 2 it in Albany." Why should you? 3 ACTING PRESIDENT STEWART-COUSINS: 4 Order in the chamber, please. 5 SENATOR LARKIN: This is -- think 6 of what you're saying. I hear people in here 7 saying we've got to stop the nonsense in the 8 cities, we've got to -- and mostly the people 9 from the City of New York talk about how we've 10 got to do something for the young people. 11 Well, you're not doing anything. 12 And then when I hear someone say 13 this is going to be for the economy, are we 14 stooping that low to say we're going to have 15 this rough-and-tumble and it's going to help 16 your economy? What about doing something to 17 create jobs, not create confusion? 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Larkin will be recorded in the 20 negative. 21 Senator Griffo, to explain his 22 vote. 23 SENATOR GRIFFO: Thank you, Madam 24 President. 25 While I appreciate and respect that

Candyco Transcription Service, Inc. 1 everyone here would have a personal 2 perspective and a personal preference on any 3 matter of sport, I think what we're dealing 4 with today is the fact that this is an 5 organized sport. It is an organized sport 6 that currently exists and will continue to 7 exist. 8 And what this bill will do is it 9 will allow the State Athletic Commission to 10 regulate the sport, to ensure things are done 11 properly, and to pay attention to this sport 12 in the way that everybody is expressing they 13 would like to see that take place, to ensure 14 safety. 15 And secondly, it allows New York 16 State athletes to participate in their own 17 state in a sport that they may choose to 18 participate in, no different than any other 19 professional athlete has that opportunity to 20 do in any other professional sport. 21 And it also enables this state to 22 benefit economically during some very 23 difficult, challenging times. 24 So for those reasons, I vote yes. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Griffo to be recorded in the 2 affirmative. 3 Senator Diaz, to explain his vote. 4 SENATOR DIAZ: Thank you, Madam 5 President. 6 This is a legislation that I cannot 7 support. I preach in my church, the church 8 that I am the pastor, I preach against 9 violence. And I preach against things that 10 destroy our youth. And I try to teach my 11 youth and people in my church that violence is 12 never, never, never good and never takes us 13 anywhere. 14 And this kind of sports, this kind 15 of legislation sends a wrong message, a wrong 16 message to all our communities -- especially, 17 especially, especially in our communities. 18 And don't come and kill the 19 messenger now. But our community needs better 20 messages. Our community needs a message of 21 peace, a message of -- not a message that 22 promotes and creates violence and gives our 23 children, our youth that mentality. We have 24 too much movies, too much TV, too much 25 negative TV, too much negative movies, too

Candyco Transcription Service, Inc. 1 much things going on in our communities 2 destroying the minds and the behavior of our 3 youth, of our people. 4 So this is -- this is -- honestly, 5 this is not good for our communities. So I'm 6 voting no, Madam President. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Diaz to be recorded in the negative. 9 Senator Savino, to explain her 10 vote. 11 SENATOR SAVINO: Thank you, Madam 12 President. 13 It is a rare day indeed when 14 party-line votes are not actually party-line 15 votes in this body. We're seeing the yeses on 16 that side and the nos on this side, and yeses 17 here and nos on that side, and I think it's 18 very interesting to see the way this is 19 turning out. 20 I've heard the argument on both 21 sides that this is a revenue producer and that 22 we're regulating this sport, and I've heard 23 the argument that this is pure violence and 24 we're just allowing people access to it on 25 television. I tend to agree with the latter

Candyco Transcription Service, Inc. 1 argument. 2 You know, 2,000 years ago the 3 people of ancient Rome used to gather in the 4 Coliseum, along with the Emperor and the Roman 5 Senate, and they would watch gladiators fight 6 to the death and kill each other. And when 7 they were done with that -- that wasn't 8 entertaining enough -- they used to feed the 9 Jews and the Christians to the lions. 10 That's what passed for 11 entertainment in ancient Rome. And I'm sure 12 the people who ran the city of Rome considered 13 that an economic development program as well. 14 There's not much difference between that and 15 this. 16 I cannot support this. It is a 17 barbaric -- and I don't want to use the word 18 "sport," because I don't think there's 19 anything sporting about ultimate fighting. It 20 is barbarism portrayed on television for 21 people so that they can watch it and be 22 entertained. And at what point do we cross 23 back over the Rubicon to start feeding people 24 to the lions? Maybe we'll call that a way to 25 save government money because we won't have to

Candyco Transcription Service, Inc. 1 buy food for the lions in the zoo. 2 I vote no on this bill, and I think 3 that before we grasp at any dollar that we can 4 find in an effort to deal with our budget 5 crisis, we should take a good long look at 6 what we're willing to do for $5 million. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Savino to be recorded in the negative. 9 Senator Thompson, to explain his 10 vote. 11 SENATOR THOMPSON: Yes, Madam 12 Chairwoman. I rise in support of this bill. 13 I know that many of my colleagues 14 have expressed some concern. But as 15 previously stated, this legislation will allow 16 the State Athletic Commission to move forward 17 with the process. In Niagara Falls, this 18 would be great. 19 I only request one thing, that the 20 first match is in Niagara Falls. I think it's 21 a great backdrop. In fact, there's a boxing 22 match in Niagara Falls on Saturday night. 23 So this is really good. I think it 24 will provide some economic opportunity. I 25 think the state should receive more money,

Candyco Transcription Service, Inc. 1 actually, but it's a start. And I think it's 2 a good start, and I strongly support this 3 legislation. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Thompson to be recorded in the 6 affirmative. 7 Senator C. Johnson, to explain his 8 vote. 9 SENATOR CRAIG JOHNSON: Thank you 10 very much, Madam President. I'm going to be 11 voting in the affirmative on this. 12 I've been listening very closely to 13 the debate and the questions, and I'm struck 14 by some of the comments and observations. We 15 not only permit boxing and hockey, but we 16 promote pro wrestling. And while we as adults 17 know it's fake, our children certainly don't 18 know it's fake. And yet our children are 19 actively -- there are instances where children 20 are actually setting up wrestling rings in 21 their backyard and getting involved in 22 wrestling, and we do nothing to stop that, 23 quote, sport. 24 And yet what's interesting is an 25 individual who owns the wrestling corporation

Candyco Transcription Service, Inc. 1 is now running for the United States Senate 2 based on the millions of dollars she's made on 3 this sport that we as a state have done 4 nothing to try and ban. 5 But I think what's even more 6 troubling is sitting here in the Senate today 7 listening to those who oppose this 8 legislation, which will provide regulation, 9 are outraged by the potential violence that is 10 going on, are going to vote against it, and 11 yet also voted against yesterday a 12 microstamping bill that would have helped 13 police end real gun violence in New York 14 State. 15 I haven't seen these instances of 16 gangs of youth running in our streets, given 17 the fact they can watch mixed martial arts on 18 television right now, and yet we're trying to 19 prevent our police from stopping the real 20 problem of gun violence in New York State, 21 when yesterday we couldn't pass that bill. 22 I'm going to vote aye on this piece 23 of legislation. I thank the sponsor. I thank 24 Senator Klein, who's been involved in this. 25 And I do vote aye. Thank you very much.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator C. Johnson to be recorded in the 3 affirmative. 4 Senator Saland, to explain his 5 vote. 6 SENATOR SALAND: Thank you, Madam 7 President. 8 My time is limited, so I certainly 9 don't want to pursue the line of argument that 10 was just thrown out there by Senator Johnson. 11 Suffice it to say that this is a 12 brutal, barbaric activity. I wouldn't even 13 deem it to be a sport. And yes, there have 14 been hockey players who have been prosecuted 15 for their violence that has occurred within 16 the hockey rink. And even professional 17 football, a very violent sport, is making an 18 evident because of the injuries that the 19 athletes have sustained, either to try and 20 avoid the multiplicity of concussions that 21 have occurred or to provide some type of 22 funding for those who in their fifties are 23 substantially disabled, who are neurologically 24 damaged to the point where they prematurely 25 experience dementia.

Candyco Transcription Service, Inc. 1 And what we are effectively doing 2 here, what is attempting to be done with this, 3 is to give sanction to one of the most violent 4 of activities, something that would probably 5 be most closely related to in fact the 6 gladiator analogy in the Roman Forum thousands 7 of years ago. 8 This is nothing that we should 9 condone. This should be uniformly condemned. 10 And if the basis for our embracing this is the 11 fact that it provides a source of revenue, 12 then shame on us, how low could we possibly 13 stoop? 14 I vote in the negative. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Saland to be recorded in the negative. 17 Senator Alesi, to explain his vote. 18 SENATOR ALESI: Thank you, Madam 19 President and my colleagues. 20 I think I've given my reasons for 21 opposing this bill. Primarily because I 22 believe that the more exposure our society 23 gets to this, the more desensitized our 24 people, especially our young people, will 25 become to this kind of brutality. And you'll

Candyco Transcription Service, Inc. 1 see more and more of it in our streets and our 2 schools and our neighborhoods. 3 But I'd like to point out one thing 4 to my colleagues here. If you look at this 5 bill, this bill doesn't just authorize 6 ultimate fighting. It actually takes out a 7 significant part of Section 5 of the existing 8 law that sanctions professional wrestling, 9 professional boxing, et cetera, et cetera. 10 This bill carves out a specific 11 piece of the existing law that says you cannot 12 have ultimate fighting in New York State. And 13 under circumstances surrounding ultimate 14 fighting, under the existing law, you could be 15 fined up to $20,000 or more, you could receive 16 a felony, you could receive a misdemeanor or 17 any other number of things. 18 So somewhere, somehow, sometime, 19 somebody recognized that even though we have 20 professional wrestling, which is theater, 21 professional boxing, which is legitimate to 22 some extent, we don't have, today, ultimate 23 fighting in the law. It's illegal. 24 So this bill isn't just saying we 25 can have it now, it's saying we're taking out

Candyco Transcription Service, Inc. 1 what exists in the law today. Felonies, 2 misdemeanors, fines up to $20,000 or more if 3 you engage in this. Somebody had it right 4 sometime. 5 And you know the most interesting 6 thing about this? And I don't want to get too 7 soft on this whole thing, but you know the 8 only place that you specifically can't have 9 ultimate fighting in a hall or some other 10 venue in New York State? You can't have it in 11 a place that's used specifically for religious 12 services. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Alesi, how do you vote? 15 SENATOR ALESI: For religious 16 services. Somebody must have their -- I vote 17 no. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Alesi to be recorded in the negative. 20 Senator Stavisky, to explain her 21 vote. 22 SENATOR STAVISKY: Thank you, 23 Madam President. 24 I've listened to the debate, and I 25 must tell you I'm not a big fan of these

Candyco Transcription Service, Inc. 1 type -- I don't think sports, necessarily. 2 But we watch revenue opportunities slip away. 3 We're constantly being reminded that we have a 4 $9.2 billion deficit. People are watching 5 these activities, but they're watching it in 6 other states. 7 And I think it's time that we took 8 advantage of the revenues that will be 9 produced in New York State in something that 10 will be recognized and supervised by the State 11 Athletic Commission. 12 When I used to see the news at 13 night and you watch some of the clips from the 14 hockey games and you see the referee standing 15 there on the ice, watching one player go after 16 another with a stick, and they hit and they do 17 all kinds of things, is this different? 18 This I think will be better 19 regulated, better supervised, and certainly 20 bring in some revenue that we desperately need 21 in New York. I vote aye. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Stavisky to be recorded in the 24 affirmative. 25 Senator DeFrancisco, to explain his

Candyco Transcription Service, Inc. 1 vote. 2 SENATOR DeFRANCISCO: Yes, I'm 3 going to vote aye on this bill. 4 And I wasn't expecting to speak, 5 but I couldn't help but have to stand up and 6 comment on what Senator Savino said about this 7 is exactly like the gladiators in ancient Rome 8 and we won't have to have food for the 9 animals. I mean, talk about rhetoric. I 10 mean, that's absolutely ridiculous. 11 These are consenting adults. In 12 some cases, people -- not only for the 13 viewership that may enjoy this sort of 14 thing -- I don't particularly care for it, but 15 I don't care for "Real Housewives of New York" 16 either. 17 (Laughter.) 18 SENATOR DeFRANCISCO: And that 19 doesn't provide too many stimulation for our 20 young people either. 21 But it seems to me in some 22 instances this may be the only way to be 23 successful for some people who have to be 24 physically capable of doing these type of 25 things.

Candyco Transcription Service, Inc. 1 In fact, if we wanted to really 2 carry this to a very beneficial extreme, maybe 3 we could settle the budget crisis by Carl 4 Kruger and I getting into the ring rather than 5 going through what we do every week. 6 (Laughter.) 7 SENATOR DeFRANCISCO: Secondly, 8 I -- and it's going to be regulated. And one 9 of our most recent boxing commissioners, a 10 female, I can't remember her name, explained 11 why she was in favor of it, because she 12 thought it would be regulated. 13 Lastly, the microstamping argument 14 is so ridiculous I'm not even going to reply 15 to that. 16 I vote aye. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator DeFrancisco to be recorded in the 19 affirmative. 20 Senator Padavan, to explain his 21 vote. 22 SENATOR PADAVAN: Senator 23 DeFrancisco, many of the gladiators were 24 consenting adults, just as a matter of fact. 25 I too want to comment relevant to

Candyco Transcription Service, Inc. 1 the remarks in explaining his vote by Senator 2 Johnson. I voted for the microstamping 3 bill -- he's gone, he's not here -- and I'm 4 voting against this bill. I don't see the 5 correlation. 6 On top of that, many of my 7 colleagues, irrespective of how they're voting 8 on this bill, including those who are voting 9 against it, have been advocating criminal 10 justice measures in this state for a long 11 time, only to be thwarted by inaction on that 12 side of the aisle. So to start relating this 13 issue to our records as it relates to dealing 14 with criminals in this state makes no sense 15 whatsoever. 16 And if you want to go another step 17 further, the sponsor of the microstamping bill 18 was the one who gave us the ceiling where we 19 now have dozens of criminals whose background 20 checks you cannot get and where a drug pusher 21 could end up teaching in a school because that 22 education institution will not be able to get 23 a background check. You remember that whole 24 scenario. 25 And he promised -- he's not here

Candyco Transcription Service, Inc. 1 either, right now. Oh, yes, he's over 2 there -- that he was going to amend the bill 3 to take care of that problem, and he never 4 did. 5 So let's not be casting the 6 brickbats in directions that they don't 7 belong. 8 The fact remains this is a barbaric 9 practice, it is something that teaches our 10 children the wrong idea about sportsmanship. 11 Yes, many of our sports have potentials for 12 harm. But on the football field, they wear 13 helmets and shoulder guards and all sorts of 14 things. Similarly in the hockey rink, in a 15 variety of ways. 16 And as far as professional 17 wrestling, the kids I know know it's fake. 18 They all know it's fake. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Padavan -- Senator Padavan, how do you 21 vote? 22 SENATOR PADAVAN: I vote no. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Padavan to be recorded in the 25 negative.

Candyco Transcription Service, Inc. 1 Senator Adams, to explain his vote. 2 SENATOR ADAMS: Thank you, 3 Mr. President -- Mrs. President. 4 I was sort of confused today; when 5 they said "ultimate fighting," I thought they 6 were talking about our chamber when I first 7 heard it, to be honest with you. 8 But let me say this. I think 9 Senator Padavan hit it on the head. Football, 10 hockey, wrestling, all of those sports have a 11 level of control because they are regulated. 12 When you permit regulations, then you can make 13 sure that people are operating within the span 14 of control to limit the level of injuries that 15 takes place. 16 So to vote nay when the ultimate 17 fighting is taking place, you're moving it out 18 of the span of regulating, allowing the 19 commissioner to ensure that it falls within 20 the scope to protect the fighters, and make 21 sure that the fighters reach a certain level 22 of testing, a certain level of 23 professionalism, and a certain level of 24 behavior. 25 So the arguments that are raised of

Candyco Transcription Service, Inc. 1 why we shouldn't do it is actually the 2 arguments of why we need to do it. We need to 3 regulate sports and make sure that sports are 4 actually performed in a proper manner to make 5 sure that from our young people all the way up 6 to the adults and the professional level is 7 done with a level of regulation. And that's 8 what our excellent society and system that's 9 in place to regulate the activity of athletes 10 in sports. 11 I vote aye on this bill, and I look 12 forward to having this here in the State of 13 New York. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Adams to be recorded in the 16 affirmative. 17 Are there any other Senators 18 wishing to explain his or her vote? 19 Announce the results. 20 (Pause.) 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: Point of 24 order. 25 I don't know if it's me or not, but

Candyco Transcription Service, Inc. 1 it seems that after Tom Testo reached that 2 golden age, he seems to be counting a lot 3 slower lately. 4 (Laughter.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator DeFrancisco, that's not a point of -- 7 SENATOR DeFRANCISCO: Is there a 8 time frame in which you can count votes? Is 9 there a limit? 10 ACTING PRESIDENT STEWART-COUSINS: 11 No, Senator. We are striving for accuracy. 12 SENATOR DeFRANCISCO: I thought 13 it might be for results. 14 (Pause.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Announce the results. 17 THE SECRETARY: In relation to 18 Calendar Number 971, to be recorded in the 19 negative: Senators Alesi, Bonacic, Breslin, 20 Diaz, Flanagan, Foley, Fuschillo, Hannon, 21 Huntley, O. Johnson, L. Krueger, Lanza, 22 Larkin, LaValle, Leibell, Marcellino, Maziarz, 23 Montgomery, Oppenheimer, Padavan, Ranzenhofer, 24 Saland, Savino, Skelos, Stewart-Cousins and 25 Volker.

Candyco Transcription Service, Inc. 1 Ayes, 32. Nays, 26. 2 Absent from voting pursuant to Rule 3 9: Senators Farley, Nozzolio, and Young. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: Calendar Number 9 983, by Senator Schneiderman, Senate Print 10 7280A -- 11 ACTING PRESIDENT STEWART-COUSINS: 12 May we have order in the chamber, please. 13 THE SECRETARY: Calendar Number 14 983, by Senator Schneiderman, Senate Print 15 7280A -- 16 SENATOR KLEIN: Lay the bill 17 aside for the day, please. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is laid aside for the day. 20 Senator Klein, that completes the 21 reading of the controversial supplemental 22 calendar. 23 Senator Klein. 24 SENATOR KLEIN: Madam President, 25 can you please recognize Senator Libous for an

Candyco Transcription Service, Inc. 1 announcement. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, Madam 5 President. 6 There will be an immediate, 7 immediate, immediate, immediate Republican 8 conference in our conference room. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator. 11 There will be an immediate, 12 immediate, immediate Republican conference in 13 the Republican Conference Room. 14 Senator Klein. 15 SENATOR KLEIN: Madam President, 16 pending the return of the minority conference, 17 can we please stand at ease for 15 minutes. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The Senate will stand at ease for 15 minutes, 20 pending the return of the Republican 21 conference. 22 (Whereupon, the Senate stood at 23 ease at 3:02 p.m.) 24 (Whereupon, the Senate reconvened 25 at 3:31 p.m.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Returning to the order of messages from the 3 Assembly, the chair hands down the following 4 message. 5 THE SECRETARY: The Assembly sent 6 for concurrence the following bill. 7 On motion of Mr. Smith, and by 8 unanimous consent, the rules were suspended 9 and said bill ordered to a third reading: 10 Assembly Bill Number 11438. 11 ACTING PRESIDENT STEWART-COUSINS: 12 So ordered. 13 Senator Klein. 14 SENATOR KLEIN: Madam President, 15 is there a message of necessity at the desk? 16 ACTING PRESIDENT STEWART-COUSINS: 17 There is a message of necessity at the desk. 18 The Secretary will read the title 19 of the bill. 20 THE SECRETARY: Calendar Number 21 1034, by the Assembly Committee on Rules, 22 Assembly Print Number 11438, an act to amend 23 the Arts and Cultural Affairs Law. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Madam President, 2 is there a message of necessity at the desk? 3 ACTING PRESIDENT STEWART-COUSINS: 4 There is a message of necessity at the desk. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 I move to accept the message at this time. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The question is on the acceptance of the 10 message of necessity. All those in favor 11 please signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT STEWART-COUSINS: 14 Opposed, nay. 15 (Response of "Nay.") 16 ACTING PRESIDENT STEWART-COUSINS: 17 The message is accepted. 18 The Assembly bill is before the 19 house, noncontroversial. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect -- 23 SENATOR LIBOUS: Lay it aside. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The bill is laid aside.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Madam President, 3 can we please go to a controversial reading of 4 this bill. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The Secretary will place the Assembly bill 7 before the house, controversial. 8 Read the last section. 9 SENATOR STAVISKY: Madam 10 President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Stavisky, on the bill. 13 SENATOR STAVISKY: What bill is 14 it? Do we have the bill before us on our 15 desks? 16 SENATOR LIBOUS: Madam President. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Libous. 19 SENATOR LIBOUS: Somewhat in line 20 with Senator Stavisky, is there a calendar 21 number for this? And what calendar is it on, 22 please? 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Libous, because this was directly 25 handed down, there is no calendar number. But

Candyco Transcription Service, Inc. 1 we will be getting the bills on the desks 2 momentarily. 3 SENATOR LIBOUS: Thank you, Madam 4 President. 5 (Pause.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bills are on the desks. 8 I would ask the Secretary to 9 proceed with the reading of the controversial 10 calendar. 11 THE SECRETARY: Calendar Number 12 1034, by the Assembly Committee on Rules, 13 Assembly Print Number 11438, an act to amend 14 the Arts and Cultural Affairs Law. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The debate is closed. The Secretary will 21 please ring the bell. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Flanagan, to explain his vote. 5 SENATOR FLANAGAN: Thank you, 6 Madam President. 7 I think this bill that we have 8 before us right now is another great example 9 of why things are so screwed up in Albany. 10 We're now getting a bill, literally at the 11 last minute -- all of a sudden we have to do 12 this, it's got to get done right now, and 13 nobody seems to be able to say why. 14 Here we're advancing money to SUNY 15 Albany to the tune of about $243,000 because 16 of problems associated with the Theater 17 Institute. 18 I am not comfortable voting for 19 this, for two basic reasons. Number one, it's 20 part of an incremental, piecemeal, snail's 21 pace approach to doing the budget. All of a 22 sudden now the Theater Institute becomes the 23 issue of the day, we have to drop everything 24 else and deal with this now. No disrespect to 25 SUNY Albany, but somehow I don't think they're

Candyco Transcription Service, Inc. 1 going to go out of business if this bill is 2 not passed by 4 o'clock today. 3 On top of that, if you look at what 4 happened at the Theater Institute, I don't 5 feel that that has been resolved. We have a 6 director who's resigned, there's new people 7 put in, now the board is going to be juggled 8 around. We don't even know if there's been 9 any effort to get any of the money back from 10 the woman who stole it and pilfered it, giving 11 contracts to her family, buying rights to 12 products that frankly she shouldn't have a 13 right to -- criminal behavior. And here we 14 are just throwing money at a problem that 15 doesn't appear to be fixed. 16 It's the wrong way to go. We 17 shouldn't be doing this in an incremental 18 fashion. I'm going to vote no. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Flanagan to be recorded in the 21 negative. 22 I would ask all those voting in the 23 negative to please keep your hands raised. 24 Announce the results. 25 THE SECRETARY: Those recorded in

Candyco Transcription Service, Inc. 1 the negative on Calendar Number 1034 are 2 Senators Alesi, Bonacic, DeFrancisco, 3 Flanagan, Fuschillo, Golden, Griffo, Hannon, 4 O. Johnson, Lanza, Larkin, LaValle, Leibell, 5 Libous, Little, Marcellino, Maziarz, McDonald, 6 Nozzolio, Padavan, Ranzenhofer, Robach, 7 Saland, Seward, Skelos, Volker and Winner. 8 Absent from voting pursuant to 9 Rule 9: Senators Farley and Young. 10 Ayes, 32. Nays, 27. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 Senator Klein. 14 SENATOR KLEIN: Madam President, 15 can we please briefly go back to motions and 16 resolutions. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Returning to motions and resolutions. 19 SENATOR KLEIN: On behalf of 20 Senator Squadron, on page 21 I offer the 21 following amendments to Calendar Number 532, 22 Senate Print Number 4313C, and ask that said 23 bill retain its place on Third Reading 24 Calendar. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 So ordered. 2 SENATOR KLEIN: On behalf of 3 Senator Schneiderman, I wish to call up Print 4 Number 4394A, recalled from the Assembly, 5 which is now at the desk. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The Secretary will read the title. 8 THE SECRETARY: Calendar Number 9 415, by Senator Schneiderman, Senate Print 10 4394A, an act to amend the Penal Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Klein. 13 SENATOR KLEIN: Madam President, 14 I now move to reconsider the vote by which 15 this bill was passed. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The Secretary will call the roll on 18 reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Klein. 23 SENATOR KLEIN: Madam President, 24 I now offer the following amendments. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The amendments are received. 2 Senator Klein. 3 SENATOR KLEIN: Madam President, 4 on behalf of Senator Dilan, on page 49 I offer 5 the following amendments to Calendar Number 6 964, Senate Print Number 4478A, and ask that 7 said bill retain its place on Third Reading 8 Calendar. 9 ACTING PRESIDENT STEWART-COUSINS: 10 So ordered. 11 SENATOR KLEIN: On behalf of 12 Senator Oppenheimer, on page 41 I offer the 13 following amendments to Calendar Number 871, 14 Senate Print Number 7820, and ask that said 15 bill retain its place on Third Reading 16 Calendar. 17 ACTING PRESIDENT STEWART-COUSINS: 18 So ordered. 19 SENATOR KLEIN: Madam President, 20 can you please recognize Senator Libous. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Libous. 23 SENATOR LIBOUS: Madam President, 24 on behalf of Senator Leibell, I call up his 25 bill, Print Number 7620, recalled from the

Candyco Transcription Service, Inc. 1 Assembly, which is now at the desk. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 881, by Senator Leibell, Senate Print 7620, an 6 act to authorize. 7 SENATOR LIBOUS: Madam President, 8 I now move to reconsider the vote by which 9 this bill was passed. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The Secretary will call the roll on 12 reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 SENATOR LIBOUS: Madam President, 16 I now offer up the following amendments. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Amendments received. 19 Senator Klein. 20 SENATOR KLEIN: Madam President, 21 on behalf of Senator Stachowski, I move that 22 the following bills be discharged from their 23 respective committees and be recommitted with 24 instructions to strike the enacting clause: 25 Senate Numbers 1942, 1955, and 1963.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 So ordered. 3 Senator Klein. 4 SENATOR KLEIN: Madam President, 5 can we please stand at ease pending the 6 Minority conference. 7 And I want to remind my colleagues, 8 please try to stay close to the chamber 9 because we want to finish the business as 10 quickly as possible. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Libous. 13 SENATOR LIBOUS: Thank you, Madam 14 President. There will be an immediate 15 Republican conference. 16 ACTING PRESIDENT STEWART-COUSINS: 17 There will be an immediate Republican 18 conference. 19 The Senate will stand at ease 20 pending the return of the Republican 21 conference. Please stay close. 22 (Whereupon, the Senate stood at 23 ease at 3:51 p.m.) 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Madam President, 2 there will be an immediate meeting of the 3 Rules Committee in the Majority Conference 4 Room. 5 Pending the return of the Rules 6 Committee, can we please stand at ease. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Immediate meeting of the Rules Committee in 9 the Majority Conference Room. 10 Pending the return of the Rules 11 Committee, the Senate will continue to stand 12 at ease. 13 (Whereupon, the Senate reconvened 14 at 6:27 p.m.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Klein. 17 SENATOR KLEIN: Madam President, 18 I believe there's a report of the Rules 19 Committee at the desk. I move that we adopt 20 the report at this time. 21 ACTING PRESIDENT STEWART-COUSINS: 22 There is a report of the Rules Committee at 23 the desk. 24 The Secretary will read. 25 THE SECRETARY: Senator Smith,

Candyco Transcription Service, Inc. 1 from the Committee on Rules, reports the 2 following bills: 3 Senate Print 4538A, by Senator 4 LaValle, an act to amend the Education Law; 5 2344, by Senator Savino, an act to 6 amend the Civil Service Law; 7 2956A, by Senator Adams, an act to 8 amend the Labor Law; 9 3258A, by Senator Duane, an act to 10 amend the Public Health Law; 11 3510A, by Senator Savino, an act to 12 amend the Education Law; 13 3718A, by Senator Savino, an act to 14 amend the Retirement and Social Security Law; 15 4323A, by Senator Foley, an act to 16 amend the Social Services Law; 17 4349, by Senator C. Kruger, an act 18 to amend the Social Services Law; 19 4526, by Senator L. Krueger, an act 20 to amend the Legislative Law; 21 4562, by Senator Savino, an act to 22 amend the Civil Service Law; 23 4691A, by Senator C. Kruger, an act 24 to amend the Social Services Law; 25 4948, by Senator Thompson, an act

Candyco Transcription Service, Inc. 1 to amend the Environmental Conservation Law; 2 4958, by Senator Thompson, an act 3 to amend the Environmental Conservation Law; 4 5014, by Senator Stachowski, an act 5 to amend the Labor Law; 6 5202, by Senator Savino, an act to 7 amend the Labor Law; 8 5634, by Senator Savino, an act to 9 amend the Public Authorities Law; 10 5689, by Senator Thompson, an act 11 to amend the Environmental Conservation Law; 12 6283, by Senator Klein, an act to 13 amend the General Business Law; 14 6433, by Senator Schneiderman, an 15 act to amend the State Finance Law; 16 6680, by Senator L. Krueger, an act 17 to amend the Social Services Law; 18 6785, by Senator Savino, an act to 19 amend the Civil Service Law; 20 7078, by Senator Savino, an act to 21 amend the Retirement and Social Security Law; 22 7236, by Senator Parker, an act in 23 relation to creating; 24 7263, by Senator Foley, an act to 25 amend the Public Service Law;

Candyco Transcription Service, Inc. 1 7451, by Senator Savino, an act to 2 amend the Labor Law; 3 7551, by Senator Oppenheimer, an 4 act to amend the Tax Law; 5 7658A, by Senator Adams, an act to 6 amend the General Business Law; 7 7701, by Senator Foley, an act in 8 relation to a report; 9 7786, by Senator Adams, an act to 10 amend the Criminal Procedure Law; 11 7829, by Senator Duane, an act to 12 amend the Public Health Law; 13 7933, by Senator Foley, an act to 14 amend the Town Law; 15 8011, by Senator Serrano, an act to 16 amend the Parks, Recreation and Historic 17 Preservation Law; 18 8095, by Senator Valesky, an act to 19 repeal certain provisions; 20 And Senate Print 8148, by Senator 21 Bonacic, an act to amend Chapter 196 of the 22 Laws of 2008. 23 All bills ordered direct to third 24 reading. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 All those in favor of adopting the Rules 2 Committee report please signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT STEWART-COUSINS: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 The Rules Committee report is adopted. 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 can we briefly return to motions and 12 resolutions. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Returning to motions and resolutions. 15 Senator Klein. 16 SENATOR KLEIN: Madam President, 17 on page 4 of Senate Calendar Number 64B, I 18 offer the following amendments to Calendar 19 Number 1031, Senate Print Number 8011, and ask 20 that said bill retain its place on Third 21 Reading Calendar. This is on behalf of 22 Senator Serrano. 23 ACTING PRESIDENT STEWART-COUSINS: 24 So ordered. 25 SENATOR KLEIN: On behalf of

Candyco Transcription Service, Inc. 1 Senator Montgomery, on page number 25 I offer 2 the following amendments to Calendar Number 3 617, Senate Print Number 6709B, and ask that 4 said bill retain its place on Third Reading 5 Calendar. 6 ACTING PRESIDENT STEWART-COUSINS: 7 So ordered. 8 SENATOR KLEIN: On behalf of 9 Senator Stewart-Cousins, on page number 47 I 10 offer the following amendments to Calendar 11 Number 929, Senate Print Number 7962A, and ask 12 that said bill retain its place on Third 13 Reading Calendar. 14 ACTING PRESIDENT STEWART-COUSINS: 15 So ordered. 16 SENATOR KLEIN: On behalf of 17 Senator Stavisky, on page number 1 of Calendar 18 Number 64A I offer the following amendments to 19 Calendar Number 979, Senate Print Number 5680, 20 and ask that said bill retain its place on 21 Third Reading Calendar. 22 ACTING PRESIDENT STEWART-COUSINS: 23 So ordered. 24 SENATOR KLEIN: On behalf of 25 Senator Stachowski, I move that the following

Candyco Transcription Service, Inc. 1 bills be discharged from their respective 2 committees and be recommitted with 3 instructions to strike the enacting clause: 4 Senate Numbers 1942, 1955, and 1963. 5 ACTING PRESIDENT STEWART-COUSINS: 6 So ordered. 7 SENATOR KLEIN: Madam President, 8 at this time can we please go to a reading of 9 Supplemental Calendar 64B. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The Secretary will proceed with the reading of 12 Supplemental Calendar Number 64B. 13 THE SECRETARY: Calendar Number 14 988, by Senator LaValle, Senate Print 4538A, 15 an act to amend the Education Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is high. We'll lay it aside for the 18 day. 19 THE SECRETARY: Calendar Number 20 990, by Senator Savino, Senate Print 2344, an 21 act to amend the Civil Service Law. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 992, by Senator Adams, Senate Print 2956A, an 11 act to amend the Labor Law. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 994, Senator Duane moves to

Candyco Transcription Service, Inc. 1 discharge, from the Committee on Health, 2 Assembly Bill Number 7662A and substitute it 3 for the identical Senate Bill Number 3258A, 4 Third Reading Calendar 994. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 994, by Member of the Assembly Ortiz, Assembly 9 Print Number 7662A, an act to amend the Public 10 Health Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 995, by Senator Savino, Senate Print 3510A, an 25 act to amend the Education Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 996, by Senator Savino, Senate Print 3718A, an 15 act to amend the Retirement and Social 16 Security Law. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Hannon, to explain his vote.

Candyco Transcription Service, Inc. 1 SENATOR HANNON: Thank you, 2 Madam President. 3 While this bill certainly has 4 laudable goals, I find I must not go along 5 with it in this day and age. Page 3 of the 6 bill, the actuarial assumptions from the 7 actuary, says this will have annual employer 8 costs to the New York Employment Retirement 9 System by approximately $90,000 per year. So 10 I'm going to vote against it. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Hannon to be recorded in the negative. 13 Are there any other Senators 14 wishing to explain his or her vote? 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 996 are 18 Senators Griffo, Hannon, Larkin, LaValle, 19 Ranzenhofer and Winner. Also Senator Little. 20 Also Senator Nozzolio. Also Senator Golden. 21 Also Senator Bonacic. Also Senator Maziarz. 22 Also Senator Leibell. Also Senator Saland. 23 Also Senator Skelos. Also Senator Young. 24 Also Senators Flanagan and Fuschillo. Also 25 Senators Libous and Marcellino. Also Senator

Candyco Transcription Service, Inc. 1 McDonald. Also Senator O. Johnson. 2 In relation to Calendar Number 996: 3 Ayes, 40. Nays, 21. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 999, by Senator Foley, Senate Print 4323A, an 8 act to amend the Social Services Law. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 180th day. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. Nays, 17 2. Senators Ranzenhofer and Squadron recorded 18 in the negative. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is passed. 21 THE SECRETARY: Calendar Number 22 1000, by Senator C. Kruger, Senate Print 4349, 23 an act to amend the Social Services Law. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 120th day. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The bill is passed. 11 THE SECRETARY: Calendar Number 12 1001, by Senator L. -- 13 SENATOR KLEIN: Lay the bill 14 aside for the day, please. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The bill is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 1002, by Senator Savino, Senate Print 4562, an 19 act to amend the Civil Service Law. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Announce the results. 4 SENATOR SALAND: Madam President, 5 can you tell me what bill was just laid aside 6 for the day, what bill we're on, please? 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill that was laid aside for the day, 9 Senator Saland, was 1001, and we are currently 10 on 1002. 11 SENATOR SALAND: Thank you very 12 much, Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Announce the results. 15 THE SECRETARY: In relation to 16 Calendar Number 1002: Ayes, 60. Nays, 1. 17 Senator Ranzenhofer recorded in the negative. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is passed. 20 Senator Saland. 21 SENATOR SALAND: Madam President, 22 may I have unanimous consent to be recorded in 23 the negative on Calendar Number 1002. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Saland to be recorded in the negative

Candyco Transcription Service, Inc. 1 on Calendar Number 1002. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1003, by Senator C. Kruger, Senate Print 5 4691A, an act to amend the Social Services 6 Law. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of April. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1003 are 18 Senators Flanagan, Golden, O. Johnson, Lanza, 19 Larkin, Marcellino, Ranzenhofer and Winner. 20 Ayes, 53. Nays, 8. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Flanagan. 23 SENATOR FLANAGAN: Madam 24 President, I respectfully ask for unanimous 25 consent to be recorded in the negative on

Candyco Transcription Service, Inc. 1 Calendar Number 1002, please. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Unanimous consent granted. You will be 4 recorded in the negative on Calendar Number 5 1002. 6 SENATOR FLANAGAN: Thank you. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Hannon. 9 SENATOR HANNON: I'm voting no on 10 1003. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Announce the results. 13 THE SECRETARY: Ayes, 52. Nays, 14 9. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1004, by Senator Thompson, Senate Print 4948, 19 an act to amend the Environmental Conservation 20 Law. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 120th day. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1005, Senator Thompson moves 10 to discharge, from the Committee on 11 Environmental Conservation, Assembly Bill 12 Number 3421 and substitute it for the 13 identical Senate Bill Number 4958, Third 14 Reading Calendar 1005. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 1005, by Member of the Assembly Sweeney, 19 Assembly Print Number 3421, an act to amend 20 the Environmental Conservation Law. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1005 are 7 Senators DeFrancisco, Golden, O. Johnson, 8 Little, Nozzolio, Ranzenhofer and Winner. 9 Ayes, 54. Nays 7. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 1006, by Senator Stachowski, Senate Print 14 5014, an act to amend the Labor Law. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT STEWART-COUSINS: 23 Announce the results. 24 THE SECRETARY: Ayes, 60. Nays, 25 1. Senator Ranzenhofer recorded in the

Candyco Transcription Service, Inc. 1 negative. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 1007, Senator Savino moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 9774 and substitute it 8 for the identical Senate Bill Number 5202, 9 Third Reading Calendar 1007. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 1007, by Member of the Assembly Gibson, 14 Assembly Print Number 9774, an act to amend 15 the Labor Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 120th day. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 Announce the results. 25 Senator DeFrancisco, why do you

Candyco Transcription Service, Inc. 1 rise? 2 SENATOR DeFRANCISCO: Yes, I'd 3 just like to explain my vote. 4 I voted no not because I'm against 5 homemakers or not because I'm against 6 displaced homemakers. But if you're waiving 7 the fee for one class of individuals, I think 8 it means others have to either pay more or 9 there may be other classes that are equally 10 deserving of a waiver of the fees. 11 For that reason is why I'm voting 12 no. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator DeFrancisco to be recorded in the 15 negative. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: In relation to 19 Calendar Number 1007: Ayes, 60. Nays, 1. 20 Senator DeFrancisco recorded in the negative. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 1008, by Senator Savino -- 25 SENATOR KLEIN: Lay the bill

Candyco Transcription Service, Inc. 1 aside for the day, please. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is laid aside for the day. 4 THE SECRETARY: In relation to 5 Calendar Number 1009, Senator Thompson moves 6 to discharge, from the Committee on 7 Environmental Conservation, Assembly Bill 8 Number 3419 and substitute it for the 9 identical Senate Bill Number 5689, Third 10 Reading Calendar 1009. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 1009, by Member of the Assembly Sweeney, 15 Assembly Print Number 3419, an act to amend 16 the Environmental Conservation Law. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT STEWART-COUSINS: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1009 are 3 Senators DeFrancisco, O. Johnson, Lanza, 4 Little, Ranzenhofer. Also Senator Farley. 5 Ayes, 55. Nays, 6. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1012, Senator Klein moves to 10 discharge, from the Committee on Consumer 11 Protection, Assembly Bill Number 5180A and 12 substitute it for the identical Senate Bill 13 Number 6283, Third Reading Calendar 1012. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 1012, by Member of the Assembly Pheffer, 18 Assembly Print Number 5180A, an act to amend 19 the General Business Law. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Read the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect on the 120th day. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. Nays, 5 0. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 1014, by Senator Schneiderman, Senate Print 10 6433, an act to amend the State Finance Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the 180th day. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1014 are 22 Senators Bonacic, DeFrancisco, Farley, 23 Flanagan, Fuschillo, Golden, Griffo, Hannon, 24 O. Johnson, Lanza, Larkin, LaValle, Libous, 25 Little, Marcellino, Maziarz, Nozzolio,

Candyco Transcription Service, Inc. 1 Ranzenhofer, Seward, Skelos, Volker, Winner 2 and Young. Also Senator Saland. 3 Ayes, 37. Nays, 24. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 1015, by Senator L. Krueger -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day, please. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 1016, by Senator Savino, Senate Print 6785, an 14 act to amend the Civil Service Law. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT STEWART-COUSINS: 23 Announce the results. 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 1019, by Senator Savino, Senate Print 7078, an 4 act to amend the Retirement and Social 5 Security Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Hannon, to explain his vote. 15 SENATOR HANNON: Well, while I'd 16 love to vote for this, I'm constrained because 17 the fiscal note says for employee who does 18 elect, there will be an annual cost to the 19 State of New York of approximately 9.2 percent 20 of salary for the fiscal year beginning 21 March 31, 2011. 22 For those reasons, I'm constrained 23 to vote no. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Hannon to be recorded in the negative.

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 1019 are 4 Senators Griffo, Hannon, Larkin, LaValle, 5 Ranzenhofer and Winner. Also Senator 6 Marcellino. 7 Ayes, 54. Nays, 7. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 1020, by Senator Parker -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day, please. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 1021, by Senator Foley, Senate Print 7263, an 18 act to amend the Public Service Law. 19 SENATOR KLEIN: Lay the bill 20 aside for the day, please. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is laid aside for the day. 23 THE SECRETARY: Calendar Number 24 1022, by Senator Savino, Senate Print 7451, an 25 act to amend the Labor Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 SENATOR WINNER: Lay it aside. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The bill is laid aside. 11 THE SECRETARY: In relation to 12 Calendar Number 1024, Senator Oppenheimer 13 moves to discharge, from the Committee on 14 Investigations and Government Operations, 15 Assembly Bill Number 7253A and substitute it 16 for the identical Senate Bill Number 7551, 17 Third Reading Calendar 1024. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 1024, by Member of the Assembly Galef, 22 Assembly Print Number 7253A, an act to amend 23 the Tax Law and the State Finance Law. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 Announce the results. 8 SENATOR RANZENHOFER: Madam 9 President -- 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Ranzenhofer, why do you rise? 12 SENATOR RANZENHOFER: The bill is 13 not on the calendar here. It's a different 14 number. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator, the calendar number is 1024. 17 SENATOR MARCELLINO: But the bill 18 number. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill number is 7551. 21 SENATOR RANZENHOFER: You read 22 something else, though. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The bill was substituted. It's the same 25 number as Bill Number 1024.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Madam President, 3 can you please remove the lay-aside on 4 Calendar Number 1020, Senator Parker's bill, 5 Print Number 7236. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The lay-aside is withdrawn. 8 The Secretary will call the roll on 9 Calendar Number 1024. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 Announce the results. 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is passed. 16 SENATOR LIBOUS: Madam President, 17 just a point of clarification. Calendar 18 Number 1022 was laid aside for the day? 19 SENATOR KLEIN: No. 1021 was 20 laid aside for the day. 21 SENATOR LIBOUS: And 1022, did 22 that pass? 23 ACTING PRESIDENT STEWART-COUSINS: 24 No, it was laid aside. 25 SENATOR LIBOUS: Thank you, Madam

Candyco Transcription Service, Inc. 1 President. 2 ACTING PRESIDENT STEWART-COUSINS: 3 We will return to Calendar Number 1020. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1020, by Senator Parker, Senate Print 7236, an 7 act in relation to creating the New York State 8 Triangle Shirtwaist Factory Fire 100th 9 Anniversary Commemoration. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Read the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect immediately. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Maziarz, to explain his vote. 19 SENATOR MAZIARZ: Thank you very 20 much, Madam President. Just to explain my 21 vote. 22 First, I want to commend Senator 23 Parker. This was a very important tragic 24 historic happening in New York State. 25 And I would recommend to Senator

Candyco Transcription Service, Inc. 1 Parker -- I haven't exactly read through the 2 entire bill yet. I don't know who makes the 3 appointments. But clearly a very good friend 4 of all of ours in this room, both sides of the 5 aisle, someone well respected by everyone, our 6 former colleague Senator Serph Maltese, lost 7 two aunts and his grandmother in this fire. 8 And clearly I think it would be a 9 tribute to Senator Maltese, who every year in 10 March, even after he left the Senate, still 11 comes back here for the ceremony honoring 12 those individuals who died in that tragic 13 fire. So I would certainly recommend that 14 Senator Maltese be on this commission. 15 And again, I think this is great 16 legislation and I vote in the affirmative. 17 Thank you. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Maziarz to be recorded in the 20 affirmative. 21 Senator Parker, to explain his 22 vote. 23 SENATOR PARKER: Thank you, Madam 24 President. 25 As many of you know, this bill

Candyco Transcription Service, Inc. 1 creates a temporary commission to commemorate 2 the 100th anniversary of the Triangle 3 Shirtwaist Factory fire of 1911. And of 4 course this bill is to bring attention to that 5 and create a temporary commission. 6 Some people may not know that the 7 deaths of 146 immigrant women who were killed 8 in that fire swept through the Triangle 9 Shirtwaist Factory 99 years ago and marks the 10 occasion on which New York changed forever. 11 The Triangle Shirtwaist Factory fire was one 12 of New York's most prolific industrial 13 disasters. 14 And really what's most shocking 15 about it was the discovery that the managers 16 of the shirtwaist factory had ultimately 17 condemned their valuable employees to a death 18 sentence by locking the doors to the 19 stairwells and exits in order to prevent them 20 from taking cigarette breaks during their 21 shifts. This resulted in many employees being 22 unable to escape. And so of the 146 that 23 perished, 62 persons jumped to their deaths as 24 witnesses looked on and were unable to help. 25 Attitudes toward safety were as a

Candyco Transcription Service, Inc. 1 result dramatically altered, and from the 2 ashes of this horrific event emerged the 3 American Society of Safety Engineers. 4 This tragedy represents the need to 5 acknowledge the past in order to effectively 6 deal with the challenges of our future. I'm 7 hopeful everybody will vote for it. I vote 8 aye. 9 And I'm taking Senator Maziarz's 10 suggestion and I'm going to also suggest to 11 our leader in fact that Senator Serph Maltese 12 be the Senate nominee to this commission. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Are there any other Senators wishing to 15 explain his or her vote? 16 Hearing none, announce the results. 17 THE SECRETARY: Ayes, 61. Nays, 18 0. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is passed. 21 Now we will return to Calendar 22 Number 1026. The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1026, by Senator Adams, Senate Print 7658A, an 25 act to amend the General Business Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Hannon, to explain his vote. 10 SENATOR HANNON: Madam President, 11 this bill, which appears just to deal with 12 stolen and misappropriated computer programs, 13 actually I think represents an overreach by 14 the computer industry. Because in the 15 definitions of what is not allowed to be done, 16 it says if someone uses a product that does 17 not have the necessary license ingredients, 18 that that's deemed to be the misappropriated 19 software. 20 It goes on to have a series of 21 penalties that pyramid. And I believe this 22 is, instead of being something where we're 23 dealing with crime, we're dealing with 24 intellectual property. I don't think this is 25 appropriate to portray it this way. I think

Candyco Transcription Service, Inc. 1 this is just giving a leg up to people in the 2 industry who ought to be able to go into court 3 and sue without a statute like this, sue for 4 actual damages, proof we have a civil service 5 that works. 6 I don't think we need to put this 7 in the criminal law. And for those reasons I 8 am voting against it. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Hannon to be recorded in the negative. 11 Are there any other Senators 12 wishing to explain his or her vote? 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1026 are 16 Senators DeFrancisco, Flanagan, Hannon, 17 O. Johnson, Larkin, LaValle, Little, 18 Marcellino, Padavan, Ranzenhofer and Winner. 19 Ayes, 50. Nays, 11. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 1027, Senator Foley moves to 24 discharge, from the Committee on 25 Transportation, Assembly Bill Number 7153A and

Candyco Transcription Service, Inc. 1 substitute it for the identical Senate Bill 2 Number 7701, Third Reading Calendar 1027. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 1027, by Member of the Assembly Alessi, 7 Assembly Print Number 7153A, an act in 8 relation to a report. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 Announce the results. 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The bill is passed. 21 THE SECRETARY: Calendar Number 22 1028, by Senator Adams, Senate Print 7786, an 23 act to amend the Criminal Procedure Law. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of 3 December. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 Announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 1029, by Senator Duane, Senate Print 7829, an 14 act to amend the Public Health Law. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT STEWART-COUSINS: 23 Announce the results. 24 THE SECRETARY: Ayes, 59. Nays, 25 2. Senators DeFrancisco and Winner recorded

Candyco Transcription Service, Inc. 1 in the negative. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 1030, Senator Foley moves to 6 discharge, from the Committee on Local 7 Government, Assembly Bill Number 9181 and 8 substitute it for the identical Senate Bill 9 Number 7933, Third Reading Calendar 1030. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 1030, by Member of the Assembly Fields, 14 Assembly Print Number 9181, an act to amend 15 the Town Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 Announce the results. 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 1032, by Senator Valesky -- 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 1033, by Senator Bonacic, Senate Print 8148, 11 an act to amend Chapter 196 of the Laws of 12 2008 relating to authorizing. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The bill is high. Lay the bill aside for the 15 day. 16 We are returning to Calendar Number 17 1032. The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1032, by Senator Valesky, Senate Print 8095, 20 an act to repeal certain provisions. 21 ACTING PRESIDENT STEWART-COUSINS: 22 There is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the 60th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 Senator Klein, that completes the 10 noncontroversial reading of the supplemental 11 calendar. 12 Senator Klein. 13 SENATOR KLEIN: Madam President, 14 at this time can we please go to a reading of 15 the controversial Supplemental Calendar 64B. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1022, by Senator Savino, Senate Print -- 20 SENATOR KLEIN: Lay the bill 21 aside for the day, please. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is laid aside for the day. 24 Senator Klein, that completes the 25 controversial reading of the calendar.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Madam President, 2 is there any further business at the desk? 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Klein, the desk is clear. 5 SENATOR KLEIN: Madam President, 6 there being no further business, I move that 7 we adjourn until -- 8 ACTING PRESIDENT STEWART-COUSINS: 9 Excuse me, Senator Klein. There appears to be 10 a motion. 11 SENATOR KLEIN: Okay. Could you 12 call on Senator Libous. He has a motion. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Libous. 15 SENATOR LIBOUS: Madam President, 16 before all of my members leave, before I do 17 this motion, there will be a 9:30 Republican 18 conference in the morning. 19 And, Madam President -- oh, on 20 behalf of Senator Libous, I wish to call up my 21 bill, Print Number 7700A, recalled from the 22 Assembly, which is now at the desk. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 653, by Senator Libous, Senate Print 7700A, an 2 act to amend the Highway Law. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Libous. 5 SENATOR LIBOUS: Madam President, 6 I now move to reconsider the vote by which my 7 bill was passed. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The Secretary will call the roll on 10 reconsideration. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 SENATOR LIBOUS: I offer up the 14 following amendments, Madam President. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Amendments received. 17 Senator Klein. 18 SENATOR KLEIN: Once again, Madam 19 President, I move that we adjourn until 20 Thursday, June 17th, at 10:00 a.m. 21 ACTING PRESIDENT STEWART-COUSINS: 22 There being no further business to come before 23 the Senate, on motion, the Senate stands 24 adjourned until Thursday, June 17th, at 25 10:00 a.m.

Candyco Transcription Service, Inc. 1 (Whereupon, at 7:06 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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