Friday, June 25, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 25, 2010 11 10:58 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CRAIG M. JOHNSON, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 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 CRAIG JOHNSON: 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Thursday, June 24, 2010, the Senate met 19 pursuant to adjournment. The Journal of 20 Wednesday, June 23, 2010, was read and 21 approved. On motion, Senate adjourned. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 believe there are substitutions at the desk. 11 I ask that we make the substitutions at this 12 time. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The Secretary will read. 15 THE SECRETARY: Page number 12, 16 Senator Stachowski moves to discharge, from 17 the Committee on Rules, Assembly Bill Number 18 9939A, and substitute it for the identical 19 Senate Bill Number 6277A, Third Reading 20 Calendar 306. 21 Page 13, Senator Savino moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 5110 and substitute it 24 for the identical Senate Bill Number 4226, 25 Third Reading Calendar 343.

Candyco Transcription Service, Inc. 1 Page number 28, Senator Leibell 2 moves to discharge, from the Committee on 3 Rules, Assembly Bill Number 10629A and 4 substitute it for the identical Senate Bill 5 Number 7620A, Third Reading Calendar 881. 6 And page number 30, Senator Volker 7 moves to discharge, from the Committee on 8 Rules, Assembly Bill Number 11179A and 9 substitute it for the identical Senate Bill 10 Number 7903A, Third Reading Calendar 926. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Substitutions ordered. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, 15 there will be an immediate meeting of the 16 Rules Committee in the Majority Conference 17 Room. 18 Pending the return of the Rules 19 Committee, may we please stand at ease. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 There will be an immediate meeting of the 22 Rules Committee in Room 332. 23 Pending the return of the Rules 24 Committee, the Senate will stand at ease. 25 (Whereupon, the Senate stood at

Candyco Transcription Service, Inc. 1 ease at 11:02 a.m.) 2 (Whereupon, the Senate reconvened 3 at 11:55 a.m.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, I 7 believe there's a report of the Rules 8 Committee at the desk. I move that we adopt 9 the report at this time. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 There is a report of the Rules Committee at 12 the desk. 13 The Secretary will read. 14 THE SECRETARY: Senator Smith, 15 from the Committee on Rules, reports the 16 following bills: 17 Senate Print 323, by Senator 18 Little, an act to amend the Civil Practice Law 19 and Rules; 20 641, by Senator Larkin, an act to 21 authorize; 22 1369, by Senator O. Johnson, an act 23 to authorize; 24 2400A, by Senator Nozzolio, an act 25 to amend the Highway Law;

Candyco Transcription Service, Inc. 1 3004A, by Senator Lanza, an act to 2 amend the Administrative Code of the City of 3 New York; 4 3144, by Senator Hannon, an act to 5 legalize, validate; 6 3484, by Senator Huntley, an act to 7 amend the Mental Hygiene Law; 8 3780B, by Senator Thompson, an act 9 to amend the Environmental Conservation Law; 10 4211B, by Senator Marcellino, an 11 act in relation to legalizing; 12 4472, by Senator Stavisky, an act 13 to amend the Education Law; 14 4631A, by Senator Oppenheimer, an 15 act to amend the Workers' Compensation Law; 16 5692, by Senator Flanagan, an act 17 to amend the Highway Law; 18 5783A, by Senator Stachowski, an 19 act to amend the Public Authorities Law; 20 5874, by Senator McDonald, an act 21 to amend the Highway Law; 22 6213B, by Senator Klein, an act to 23 amend the Executive Law; 24 6261A, by Senator Montgomery, an 25 axis in relation to exempting;

Candyco Transcription Service, Inc. 1 6657A, by Senator Montgomery, an 2 act to amend the Public Authorities Law; 3 6671A, by Senator Maziarz, an act 4 to amend the Highway Law; 5 6675, by Senator O. Johnson, an act 6 to authorize; 7 6693, by Senator Skelos, an act to 8 authorize; 9 6827A, by Senator Padavan, an act 10 to authorize; 11 7043, by Senator Klein, an act to 12 amend the Banking Law; 13 7134, by Senator Oppenheimer, an 14 act to amend the State Finance Law; 15 7163, by Senator Serrano, an act to 16 amend the Economic Development Law; 17 7189, by Senator Stewart-Cousins, 18 an act to amend the Education Law; 19 7450A, by Senator Savino, an act to 20 amend Chapter 154 of the Laws of 1921; 21 7488A, by Senator Thompson, an act 22 to amend the Public Authorities Law; 23 7515A, by Senator Schneiderman, an 24 act to amend the Real Property Law; 25 7558A, by Senator Addabbo, an act

Candyco Transcription Service, Inc. 1 to amend the General Business Law; 2 7562B, by Senator Parker, an act to 3 amend the Executive Law; 4 7612A, by Senator L. Krueger, an 5 act to amend the Agriculture and Markets Law; 6 7705, by Senator Hassell-Thompson, 7 an act to amend the Penal Law and others; 8 7754, by Senator Oppenheimer, an 9 act to amend the Education Law; 10 7811A, by Senator L. Krueger, an 11 act to amend the Real Property Law; 12 7814B, by Senator Valesky, an act 13 to authorize; 14 7897, by Senator Stewart-Cousins, 15 an act to amend the Vehicle and Traffic Law; 16 7941, by Senator L. Krueger, an act 17 to amend the Social Services Law; 18 7961, by Senator Adams, an act to 19 amend the Executive Law; 20 8044, by Senator Oppenheimer, an 21 act to legalize; 22 8045, by Senator Oppenheimer, an 23 act to amend Chapter 183 of the Laws of 2003; 24 8059, by Senator C. Johnson, an act 25 to amend the Civil Service Law;

Candyco Transcription Service, Inc. 1 8109, by Senator Klein, an act to 2 amend the Penal Law; 3 8116, by Senator Aubertine, an act 4 to amend the Environmental Conservation Law; 5 8227, by Senator Duane, an act to 6 amend the Public Health Law; 7 8245, by Senator Aubertine, an act 8 to amend the Civil Service Law; 9 8273, by Senator Savino, an act to 10 amend the Public Officers Law; 11 8312, by Senator Hassell-Thompson, 12 an act to amend the State Finance Law; 13 8313, by Senator Hassell-Thompson, 14 an act to amend the Public Authorities Law; 15 8314, by Senator Hassell-Thompson, 16 an act to amend the Executive Law; 17 8315, by Senator Foley, an act to 18 amend a chapter of the Laws of 2010; 19 8316, by Senator Klein, an act to 20 amend the Tax Law; 21 And Senate Print 8338, by Senator 22 Thompson, an act to amend the General 23 Municipal Law. 24 All bills ordered direct to third 25 reading.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 All those in favor of adopting the Rules 3 Committee report please signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The Rules Committee report is adopted. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, 12 can we please go to a reading of the calendar. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The supplemental calendar, Senator Klein, or 15 the regular calendar? 16 SENATOR KLEIN: The regular 17 calendar. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 271, by Senator Adams, Senate Print 3022A, an 22 act to amend the Racing, Pari-Mutuel Wagering 23 and Breeding Law. 24 SENATOR LIBOUS: Lay the bill 25 aside, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is laid aside. 3 THE SECRETARY: Calendar Number 4 284, by Senator C. Kruger -- 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 306, substituted earlier today by Member of 11 the Assembly DelMonte, Assembly Print Number 12 9939A, an act to amend the Highway Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 317, by Senator -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day, please. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is laid aside for the day. 6 THE SECRETARY: Calendar Number 7 337, by Senator Schneiderman, Senate Print 8 7142A, an act to amend the Criminal Procedure 9 Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 8. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Announce the results. 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 384, by Senator Addabbo, Senate Print 3538B, 24 an act to amend the Civil Service Law. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 489, by Member of the Assembly Weisenberg, 14 Assembly Print 9825A, an act to amend the 15 Mental Hygiene Law. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 180th day. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Announce the results. 25 THE SECRETARY: Ayes, 59.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 577, by Senator C. Kruger, Senate Print 164, 5 an act to amend the Criminal Procedure Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Announce the results. 15 SENATOR LIBOUS: Lay the bill 16 aside. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is laid aside. 19 THE SECRETARY: Calendar Number 20 586, by Senator Schneiderman, Senate Print 21 6360A, an act to amend the Civil Practice Law 22 and Rules. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 609, by Member of the Assembly Morelle, 12 Assembly Print Number 10908B, an act to amend 13 the Insurance Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Announce the results. 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 676, by Senator Squadron, Senate Print 5597B, 6 an act creating the New York City/New York 7 State Task Force. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 684, by Senator Breslin, Senate Print 7674, an 22 act to amend the Insurance Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 703, by Senator Oppenheimer, Senate Print 12 7817A, an act to amend Chapter 147 of the Laws 13 of 2001. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Announce the results. 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 732, by Senator Seward, Senate Print 1153A, an 3 act to authorize the Village of Frankfurt. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 There is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Announce the results. 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 737, by Senator Marcellino, Senate Print 7627, 19 an act to authorize the Village of Upper 20 Brookville. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 There is a home-rule message at the desk. 23 The Secretary will read the last 24 section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 754, by Senator Breslin, Senate Print 7220A, 12 an act to amend the Insurance Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 771, by Senator Stachowski, Senate Print 2 3720A, an act to amend the Executive Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of January 7 next succeeding. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Announce the results. 13 THE SECRETARY: Ayes, 58. Nays, 14 1. Senator Duane to be recorded in the 15 negative. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The bill is passed. 18 THE SECRETARY: Calendar Number 19 774, by Senator -- 20 SENATOR KLEIN: Lay the bill 21 aside for the day, please. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 794, by Member of the Assembly Paulin,

Candyco Transcription Service, Inc. 1 Assembly Print Number 10889, an act to amend 2 the Mental Hygiene Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 840, by Senator -- 17 SENATOR KLEIN: Lay the bill 18 aside for the day, please. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 908, by Senator C. Kruger, Senate Print 4342A, 23 an act to amend the General Municipal Law. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 4. This 2 act shall take effect immediately. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Announce the results. 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The bill is passed. 11 THE SECRETARY: Calendar Number 12 910, by Senator Saland, Senate Print 6129A, an 13 act to amend the Town Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Announce the results. 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 916, by Member of the Assembly Hooper, 3 Assembly Print Number 9511A, an act to 4 authorize the Time Out Club Development 5 Corporation. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Announce the results. 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The bill is passed. 18 THE SECRETARY: Calendar Number 19 925, by Senator Stewart-Cousins, Senate Print 20 7876, an act to amend the General Municipal 21 Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Announce the results. 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 926, substituted earlier today by Member of 11 the Assembly Kolb, Assembly Print Number 12 11179A, an act to authorize the Town of 13 Canandaigua. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 There is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Announce the results. 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 929, by Senator Stewart-Cousins -- 4 SENATOR KLEIN: Lay the bill 5 aside for the day, please. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is laid aside for the day. 8 THE SECRETARY: Calendar Number 9 1105, by Senator Thompson, Senate Print 1237, 10 an act to amend the General Business Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator DeFrancisco, to explain his vote. 20 SENATOR DeFRANCISCO: Yes, I'm 21 voting no. 22 We happen to be in sort of a budget 23 problem right now, and in a recession. And it 24 would seem that we should show some restraint 25 on the number of task forces that are --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Can we have some order, please. 3 SENATOR DeFRANCISCO: -- are 4 legislated in this body. And for that reason, 5 I'm voting no. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator DeFrancisco to be recorded in the 8 negative. 9 Announce the results. 10 THE SECRETARY: In relation to 11 Calendar Number 1105, those recorded in the 12 negative are Senators DeFrancisco, Farley, 13 Flanagan, Golden, O. Johnson, Lanza, Libous, 14 Little, Maziarz, Nozzolio, Skelos. Also 15 Senator Ranzenhofer. Also Senator Seward. 16 Also Senator Griffo. 17 Ayes, 45. Nays, 14. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 1199, by Senator Parker -- 22 SENATOR LIBOUS: Lay it aside. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is laid aside. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1206, by Senator Aubertine, Senate Print 8305, 2 an act to amend the Alcoholic Beverage Control 3 Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Read the last section. 6 THE SECRETARY: Section 20. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Announce the results. 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is passed. 16 Senator Klein, that completes the 17 reading of the noncontroversial calendar. 18 SENATOR KLEIN: Mr. President, at 19 this time can we please go to a reading of the 20 controversial calendar. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The Secretary will ring the bell. Members are 23 all asked to come to the chamber for a reading 24 of the controversial calendar. 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 271, by Senator Adams, Senate Print 3022A, an 3 act to amend the Racing, Pari-Mutuel Wagering 4 and Breeding Law. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Volker, why do you rise? 7 SENATOR VOLKER: Mr. President, 8 can I have an explanation from Senator Adams, 9 please. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Adams, Senator Volker has requested an 12 explanation on Calendar Number 271. 13 SENATOR ADAMS: Anything for my 14 good friend Senator Volker. 15 This is an important interstate 16 compact. And on first view it may seem as 17 though we're trying to actually regulate or 18 try to damage racing in this state when in 19 fact it's to the contrary, it's to the 20 opposite. 21 This compact will authorize 22 New York State to participate in an interstate 23 compact for horse racing to provide uniform 24 rules and regulations for the entire industry 25 with those participating states.

Candyco Transcription Service, Inc. 1 Participation in the contract will 2 not impact the wagering, it will not impact in 3 any way the takeouts. It will allow New York 4 State to cooperate with other participating 5 states. It is almost equivalent to what we do 6 now with boxing. 7 Right now all of the states that 8 participate in racing, it's an ad hoc manner 9 in which we do it. We're going to 10 professionalize the sport of racing. We're 11 going to make sure that our horses in New York 12 State are not running against horses that are 13 drugged up on some different types of drugs to 14 impact our horse race. 15 We're really moving the industry to 16 another level. We're moving the industry away 17 from similar to how boxing used to be, where 18 you had have athletes that are fighting in 19 different states in different manners. We're 20 going to raise the code of conduct and raise 21 the code of racing. 22 Right now, as you see, drugs have 23 proliferated in the industry. Many of our 24 horses are dying prematurely on the tracks. 25 Many of our horses are running against other

Candyco Transcription Service, Inc. 1 horses that are drugged up. We want to change 2 that. We want one code or standard, similar 3 to how we do boxing, similar to how we do the 4 NFL, similar to how we do the Major League 5 Baseball. 6 By creating this compact, it's not 7 going to impact us in any way on the takeout, 8 it's not going to impact us in any way on the 9 amount of revenue someone will win if they win 10 a ticket. But it will move us to the level 11 that we will professionalize our industry. 12 And this is what I want to do as the chair of 13 the committee; I want to continue to see what 14 we can do to make our industry professional 15 and ensure that New York continues to be the 16 great racing capital that it is. 17 SENATOR VOLKER: Mr. President, 18 if I might, I'm just -- I'm not going to ask 19 you questions, I'll just comment on the bill. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Volker, on the bill. 22 SENATOR VOLKER: I know I don't 23 look like Senator Larkin, but I'm kind of 24 speaking for Senator Larkin now, who had some 25 problems with this bill also.

Candyco Transcription Service, Inc. 1 The problem with what concerns us 2 about that bill is, as I understand what this 3 would do, if New York came in -- and by the 4 way, no other states yet have joined in the 5 compact, if I'm not mistaken. Then what would 6 happen is we are told that some of the other 7 smaller states would join thinking they could 8 get increased revenue from New York, which 9 everybody thinks has a lot of money, and 10 New York could end up financing this racing 11 interstate compact group. 12 I think the thing that's very 13 disconcerting here is that the idea is good, 14 but the idea that New York would subject 15 itself to a compact and the fact that we as a 16 legislature, for instance, and the government 17 would have little or no control over it, and 18 yet the other states could demand considerable 19 amounts of money -- I realize that it may well 20 improve the racing standards, and we can 21 always use more oversight of the racing 22 industry and that a lot of the horsemen groups 23 are looking at this and thinking this is a 24 good way that they can make more money. 25 One of the reasons they're thinking

Candyco Transcription Service, Inc. 1 that is because they're looking at the money 2 that we have in New York, like everybody else, 3 as having tons of money. Of course, if they 4 read the papers lately they'd know -- 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Can we have some order in the chamber, please. 7 I'm sorry, Senator Volker. I want 8 to give you the opportunity to speak. 9 SENATOR VOLKER: Sure. Thank 10 you. 11 I think the problem is this would 12 set up a whole new bureaucracy and there would 13 be a good deal of expense, a lot of expense 14 involved. And this contract group would be 15 able to do contracts, they would be able to 16 set up all sorts of oversight. And what may 17 very well happen is that New York, being the 18 largest state most likely to join this 19 compact, they would then ask us to contribute 20 by far the largest amount of money. 21 And even if we assume that the 22 handle in New York would increase, the 23 question is where is the money going to come 24 from. Right now, you know, we haven't passed 25 a budget yet, so quite obviously we have a

Candyco Transcription Service, Inc. 1 problem. We didn't pass this in 2009, as I 2 understand, for that very reason, that there 3 was great concern in both the Assembly and the 4 Senate about the fiscal implications of this 5 bill -- not to the racing industry directly, 6 but to the State of New York. 7 And some people have suggested that 8 it might even be better for us to wait till we 9 see who else gets into the compact to decide 10 whether we really want to get into it or not. 11 I think the concept is excellent, 12 but the problem I think is, like anything 13 else, New York has had a tendency to get into 14 things and then find out later it's going to 15 cost us a ton of money. I don't have to tell 16 you about Medicaid, I don't have to tell you 17 about so many of the other programs. 18 Some people have said that they 19 compare this compact obviously not directly to 20 Medicaid, but the biggest problem is we don't 21 know what it's going to cost in the long haul. 22 But we do know one thing, that there's going 23 to be a substantial cost here. Because just 24 reading the bill, you can see that they have 25 enormous powers and they will not only take

Candyco Transcription Service, Inc. 1 powers away from the racing industry here in 2 New York but they will also be able to say to 3 us, Well, we're going to help you, but you've 4 got to pay for it. 5 And I think that is by far the 6 biggest problem, is the uncertainty of what 7 exactly is going to be the cost to the 8 New York taxpayers and to the racing industry. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Are there any other Senators wishing to be 11 heard? 12 Seeing 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 only with respect to any 17 compacting state. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Adams, to explain his vote. 23 SENATOR ADAMS: Yes, I just want 24 to respond to some of the concerns that 25 Senator Volker had.

Candyco Transcription Service, Inc. 1 First of all, the industry supports 2 this. The Jockey Club supports it, NYRA 3 supports it, other racetracks support it, the 4 American Association of Equine Practitioners 5 supports it. 6 New York State, in order for any 7 fee to be paid, the industry must approve it 8 to pay it. So you're not sanctioned in any 9 way. New York State is not held liable at all 10 for any fees or any debt that's owed by the 11 compact. So this doesn't hurt our state at 12 all. It helps a multi-billion-dollar industry 13 become professionalized and ensures that we 14 continue to grow the racing industry, 15 particularly in the northern part of our 16 state. 17 I vote aye, and I'm asking my 18 colleagues to do the same. Thank you. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Adams to be recorded in the 21 affirmative. 22 Announce the results. 23 THE SECRETARY: In relation to 24 Calendar Number 271, those Senators recorded 25 in the negative: Senators DeFrancisco,

Candyco Transcription Service, Inc. 1 Farley, Hannon, LaValle, Marcellino, McDonald, 2 Saland, Seward, Skelos and Volker. Also 3 Senator Leibell. 4 Absent from voting: Senators 5 Bonacic, Fuschillo, Huntley, Padavan and 6 Winner. 7 Ayes, 42. Nays, 11. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 577, by Senator C. Kruger, Senate Print 164, 13 an act to amend the Criminal Procedure Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Are there any Senators wishing to be heard on 16 the bill? 17 Hearing none, debate is closed. 18 The Secretary will please ring the bells. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: In relation to 3 Calendar Number 577, those Senators recorded 4 in the negative are Senators Alesi, Farley, 5 Flanagan, Golden, Griffo, Hannon, O. Johnson, 6 Lanza, LaValle, Leibell, Libous, Little, 7 Marcellino, Maziarz, McDonald, Nozzolio, 8 Ranzenhofer, Robach, Saland, Seward, Skelos, 9 Volker and Young. 10 Those Senators absent from voting: 11 Senators Bonacic, Fuschillo, Huntley, Padavan 12 and Winner. 13 Ayes, 32. Nays, 23. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is passed. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1199, by Senator Parker, Senate Print 7687B, 19 an act to amend the Public Services Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Any Senator wishing to be heard on the bill? 22 Hearing none, debate is closed. 23 The Secretary will please ring the bells. 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the 30th day. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Volker, to explain his vote. 7 SENATOR VOLKER: Mr. President, 8 this bill -- this was the intervenors bill -- 9 this bill was a bill that I killed in my 10 Energy Committee 30 years ago. And it's been 11 drifting around for years. It's one of the 12 most expensive bills for the utilities that 13 I've seen. 14 What this means is that if anybody 15 wants to make a complaint against a utility 16 company, the utility company has to pay the 17 person, the intervenor, to in effect go 18 against the utility. So if they win, the 19 utility then of course has to pay up. Even if 20 they lose, the utility now has to pay the PULP 21 or NYPIRG or whoever it is that brings the 22 action. It's one of the few times where a 23 business is forced to pay its opponent. 24 And the problem with it is there's 25 no question that groups would love to have

Candyco Transcription Service, Inc. 1 this bill in place, because the potential here 2 for raising utility rates is enormous. In 3 fact, as I've said before, I talked with 4 somebody from the PSC, and I just want to warn 5 everybody they're doing an assessment of the 6 bills that we've passed this session. They 7 believe this is the most expensive session for 8 utilities, meaning ratepayers, in the history 9 of the Legislature. I want to warn you, 10 because they're calculating it. 11 This bill is another bill that will 12 have a major impact on utility rates in this 13 state. I vote no. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Volker to be recorded in the negative. 16 Senator Parker, to explain his 17 vote. 18 SENATOR PARKER: Thank you, 19 Mr. President. 20 I'm asking my colleagues to vote 21 yes on this very important bill that actually 22 is very pro-consumer. 23 And I heard Senator Volker's 24 comments. And I regret the fact that I was 25 not able to communicate with him more directly

Candyco Transcription Service, Inc. 1 so he would actually understand the bill and 2 what it does. 3 This bill actually provides 4 intervenor funds only for nonprofits that 5 represent large sets of consumers or 6 individuals who represent large numbers of 7 repairs. This is not just for anybody who has 8 a broken line in their house, you know. And 9 actually the PSC is actually obligated under 10 this bill to aggregate individual consumers 11 who have similar complaints and provide 12 intervenor funds. 13 This bill does not -- let me 14 repeat, this bill does not actually increase 15 anything for ratepayers. In fact, this 16 actually helps ratepayers, because if you're a 17 ratepayer and you have a problem, you now have 18 an ability to get legal help and in fact the 19 utility companies have to help you essentially 20 deal with the problem. 21 So this actually creates an 22 economic incentive for utilities to actually 23 do repairs and keep up their capital 24 investment on the front end, instead of having 25 to go through cases which doesn't exist now.

Candyco Transcription Service, Inc. 1 And we have thousands of ratepayers across our 2 state, in my district and your district, 3 Senator Volker, who really will benefit from 4 this legislation. 5 I vote aye because this is a good 6 thing for our consumers, a good thing for our 7 ratepayers, and a great thing for our 8 constituents. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Parker to be recorded in the 11 affirmative. 12 Announce the results. 13 THE SECRETARY: In relation to 14 Calendar Number 1199, those recorded in the 15 negative: Senators Alesi, Aubertine, 16 DeFrancisco, Farley, Flanagan, Golden, 17 O. Johnson, Lanza, Leibell, Little, Maziarz, 18 Nozzolio, Ranzenhofer, Robach, Saland, Skelos, 19 Volker and Young. 20 Those Senators absent from voting: 21 Senators Bonacic, Fuschillo, Huntley, Padavan 22 and Winner. 23 Ayes, 37. Nays, 18. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 Senator Klein, that completes the 2 reading of the controversial calendar. 3 SENATOR KLEIN: Mr. President, at 4 this time can we please go to a reading of the 5 supplemental calendar. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1189, by Senator Little, Senate Print 323, an 10 act to amend the Civil Practices Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Little, to explain her vote. 20 SENATOR LITTLE: Thank you, 21 Mr. President. 22 As many of you know, I usually 23 stand here and tell you why a piece of 24 legislation will be harmful to the 25 Adirondacks. Well, I stand today to tell you

Candyco Transcription Service, Inc. 1 how helpful this piece of legislation is to 2 the Adirondacks, and I thank all of you for 3 supporting this legislation. 4 The Adirondacks is regulated by the 5 Adirondack Park Agency, a land use agency 6 which has no limit as to a statute of 7 limitations and how far back they can go in 8 enforcement. So what we have had in the 9 Adirondacks is someone who purchases a home, 10 wants to make an addition to that home, has 11 the APA come in to give a permit for the 12 addition -- and while there, the APA may see 13 that 30 years ago the deck that was built was 14 larger than the APA statute allows or that the 15 property was a half a foot or a foot closer to 16 the water than the regulations. 17 And this may have been built 30, 18 35 years ago, and yet the APA can enforce that 19 violation with a series of fines and make the 20 person either remove the deck or change the 21 wall or do something to correct it. 22 What this piece of legislation does 23 is make it a statute of limitations on a 24 violation. The violation has to be discovered 25 within ten years of when it began, and

Candyco Transcription Service, Inc. 1 reasonable discovery, and then they cannot 2 enforce anything past that. So it actually 3 helps people who are purchasing a home who the 4 previous owner may have had a violation years 5 before that, but it will not go on them. 6 So thank you very much for 7 supporting this legislation. I appreciate it, 8 and the people in the Adirondacks that live 9 there will appreciate it as well. 10 Thank you. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Little to be recorded in the 13 affirmative. 14 Announce the results. 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The bill is passed. 18 THE SECRETARY: Calendar Number 19 1208, by Senator Larkin, Senate Print 641, an 20 act to authorize the City of Newburgh. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 There is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Announce the results. 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 1209, by Senator O. Johnson, Senate Print 11 1369, an act to authorize the Church of God of 12 Brentwood. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1210, Senator Nozzolio moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 5579A and substitute it 4 for the identical Senate Bill Number 2400A, 5 Third Reading Calendar 1210. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1210, by Member of the Assembly Oaks, Assembly 10 Print 5579A, an act to amend the Highway Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Announce the results. 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1211, Senator Lanza moves to 25 discharge, from the Committee on Rules,

Candyco Transcription Service, Inc. 1 Assembly Bill Number 7383A and substitute it 2 for the identical Senate Bill Number 3004A, 3 Third Reading Calendar 1211. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 1211, by Member of the Assembly Cusick, 8 Assembly Print Number 7383A, an act to amend 9 the Administrative Code of the City of 10 New York. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 There is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: Calendar Number 25 1212, by Senator Hannon, Senate Print 3144, an

Candyco Transcription Service, Inc. 1 act to legalize, validate, ratify and confirm. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 1213, by Senator Huntley, Senate Print 3484, 16 an act to amend the Mental Hygiene Law and the 17 Executive Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 THE SECRETARY: Calendar Number 6 1214, by Senator Thompson, Senate Print 3780B, 7 an act to amend the Environmental Conservation 8 Law. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect July 1, 2013. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1215, Senator Marcellino moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 10212A and substitute it 25 for the identical Senate Bill Number 4211B,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1215. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1215, by Member of the Assembly Montesano, 6 Assembly Print Number 10212A, an act in 7 relation to legalizing, validating, ratifying 8 and confirming. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1216, Senator Stavisky moves 23 to discharge, from the Committee on Education, 24 Assembly Bill Number 5434 and substitute it 25 for the identical Senate Bill Number 4472,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1216. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1216, by -- 6 SENATOR VOLKER: Lay the bill 7 aside. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is laid aside. 10 THE SECRETARY: In relation to 11 Calendar Number 1217, Senator Oppenheimer 12 moves to discharge, from the Committee on 13 Finance, Assembly Bill Number 4302A and 14 substitute it for the identical Senate Bill 15 Number 4631A, Third Reading Calendar 1217. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 1217, by Member of the Assembly Canestrari, 20 Assembly Print 4302A, an act to amend the 21 Workers' Compensation Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Announce the results. 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 1219, by Senator Flanagan, Senate Print 5692, 11 an act to amend the Highway Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 There is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1220, Senator Stachowski moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 8712A and substitute it 4 for the identical Senate Bill Number 5783A, 5 Third Reading Calendar 1220. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1220, by Member of the Assembly Gabryszak, 10 Assembly Print Number 8712A, an act to amend 11 the Public Authorities Law and the Economic 12 Development Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Maziarz, to explain his vote. 22 SENATOR MAZIARZ: Mr. President, 23 just to explain my vote. 24 I am a cosponsor of this 25 legislation and am fully supportive of it. I

Candyco Transcription Service, Inc. 1 think this takes a very large step towards 2 keeping the greatest asset that Western 3 New York has, the Niagara Power Project, of 4 keeping the power that is produced at Niagara 5 and sold, the power that is allocated but not 6 used that is sold on the open market by the 7 Power Authority, to be used for economic 8 development for job creation in Western 9 New York and specifically, of course, more to 10 my liking, in Niagara County. 11 This goes a very minor step for 12 years and years of the Power Authority 13 screwing Niagara County -- and with a little 14 bit of help from the Assembly and the Senate 15 and some governors too, Mr. President. 16 Thank you very much. I vote in the 17 affirmative. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Maziarz to be recorded in the 20 affirmative. 21 Senator Stachowski, to explain his 22 vote. 23 SENATOR STACHOWSKI: Yes, 24 Mr. President, I too would just like to 25 mention that this is a great bill in keeping

Candyco Transcription Service, Inc. 1 power, a deal that was made when the Power 2 Authority put together the new plant. And 3 that this will make sure that the funds stay 4 within the 30-mile radius. If the power is 5 not being used, the funds will be able 6 available for an economic development fund 7 which will be used to help Niagara County and 8 parts of Erie County. 9 And we think it's long overdue and 10 it's a great step. And I know it's strongly 11 supported by everybody in Western New York, 12 and I'm glad to have the opportunity to vote 13 for it. I vote aye. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Stachowski to be recorded in the 16 affirmative. 17 Announce the results. 18 THE SECRETARY: In relation to 19 Calendar Number 1220, those Senators recorded 20 in the negative are Senators Flanagan, Foley, 21 Hannon, C. Johnson, LaValle and Marcellino. 22 Also Senator Skelos. Also Senator O. Johnson. 23 Ayes, 51. Nays, 8. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Calendar Number 4 1221, by Senator McDonald, Senate Print 5874, 5 an act to amend the Highway Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Announce the results. 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The bill is passed. 18 THE SECRETARY: Calendar Number 19 1222, by Senator Klein -- 20 SENATOR KLEIN: Lay the bill 21 aside for the day, please. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 1223, by Senator Montgomery, Senate Print

Candyco Transcription Service, Inc. 1 6261A, an act in relation to exempting monthly 2 assessments. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1224, Senator Montgomery moves 17 to discharge, from the Committee on Rules, 18 Assembly Bill Number 9547A and substitute it 19 for the identical Senate Bill Number 6657A, 20 Third Reading Calendar 1224. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Substitution ordered. 23 THE SECRETARY: Calendar Number 24 1224, by Member of the Assembly Jeffries, 25 Assembly Print Number 9547A, an act to amend

Candyco Transcription Service, Inc. 1 the Public Authorities Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: In relation to 12 Calendar Number 1224, those recorded in the 13 negative are Senators DeFrancisco, Farley, 14 Griffo, Hannon, Lanza, LaValle, Little, 15 Marcellino, Nozzolio, Ranzenhofer, Saland, 16 Seward, Skelos and Young. 17 Ayes, 45. Nays, 14. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 1225, by Senator Maziarz, Senate Print 6671A, 22 an act to amend the Highway Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 There is a home-rule message at the desk. 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 3. This 2 act shall take effect July 1, 2010. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Announce the results. 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The bill is passed. 11 THE SECRETARY: Calendar Number 12 1226, by Senator O. Johnson, Senate Print -- 13 SENATOR KLEIN: Lay the bill 14 aside for the day, please. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 1227, by Senator Skelos, Senate Print 6693, an 19 act to authorize the assessor of the County of 20 Nassau. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1228, Senator Padavan moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 9924A and substitute it 12 for the identical Senate Bill Number 6827A, 13 Third Reading Calendar 1228. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 1228, by Member of the Assembly Clark, 18 Assembly Print Number A9924A, an act to 19 authorize the Dormitory Authority of the State 20 of New York. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 1229, by Senator -- 10 SENATOR KLEIN: Lay the bill 11 aside for the day, please. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is laid aside for the day. 14 THE SECRETARY: Calendar Number 15 1230, by Senator Oppenheimer, Senate Print 16 7134, an act to amend the State Finance Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Oppenheimer, to explain her vote.

Candyco Transcription Service, Inc. 1 SENATOR OPPENHEIMER: Yes, thank 2 you. I would very much like to explain the 3 problem. 4 The problem is that we have Special 5 Act districts in our state, 13 in all. They 6 deal with some of the most difficult students 7 in our state, and they have been funded with a 8 methodology that is so not reflective of what 9 their costs are. 10 And we have been working for years 11 to try and formulate a new methodology for 12 Special Act schools. We are making some 13 progress. But because they are so underfunded 14 and paid a year after their costs, they find 15 that they must go to the banks in order to 16 borrow money. The interest on RANs -- rate 17 anticipation notes -- the interest is never 18 paid by the state, it is only paid by the 19 Special Act districts. It is these very same 20 districts that are so strapped that now have 21 to borrow from banks and pay the interest on 22 the borrowing. It is really an outrage. 23 And so what this bill does -- and 24 this is only because we haven't yet changed 25 the methodology -- it says that we will have a

Candyco Transcription Service, Inc. 1 revolving loan for them, for Special Act 2 school districts. This is the right thing to 3 do. And it's the best that we can do -- 4 though it's a Band-Aid -- but it's the best 5 that we can do at this time lacking a new 6 methodology. 7 So thank you all for supporting it. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Oppenheimer to be recorded in the 10 affirmative. 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 1231, by Senator Serrano, Senate Print 7163, 17 an act to amend the Economic Development Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 THE SECRETARY: Calendar Number 6 1232, by Senator Stewart-Cousins, Senate Print 7 7189, an act -- 8 SENATOR VOLKER: Lay it aside. 9 SENATOR KLEIN: Lay the bill 10 aside for the day, please. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is laid aside for the day. 13 THE SECRETARY: Which one? 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Calendar Number 1232 will be laid aside for 16 the day. 17 The Secretary will continue to 18 read. 19 THE SECRETARY: Calendar Number 20 1233, by Senator Savino, Senate Print 7450A, 21 an act to amend Chapter 154 of the Laws of 22 1921. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect upon the enactment into 2 law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Announce the results. 8 THE SECRETARY: In relation to 9 Calendar Number 1233, those recorded in the 10 negative are Senators DeFrancisco, Griffo, 11 Hannon, LaValle, Libous, Little, Marcellino, 12 Ranzenhofer, Saland, Skelos, Volker and Young. 13 Also Senator Flanagan. 14 Ayes, 46. Nays, 13. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1234, by Senator Thompson, Senate Print 7488A, 19 an act to amend the Public Authorities Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 59. 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 With respect to Calendar Number 1234, the roll 9 call is withdrawn and the bill is -- Senator 10 Klein. 11 SENATOR KLEIN: Mr. President, 12 can I remove the lay aside on Calendar Number 13 1234, Senator Thompson's bill. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The lay aside is withdrawn. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1234, by Senator Thompson, Senate Print 7488A, 19 an act to amend the Public Authorities Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 1235, by Senator Schneiderman, Senate Print 9 7515A -- 10 SENATOR KLEIN: Lay the bill 11 aside for the day, please. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is laid aside for the day. 14 THE SECRETARY: In relation to 15 Calendar Number 1236, Senator Addabbo moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 10766A and substitute it 18 for the identical Senate Bill Number 7558A, 19 Third Reading Calendar 1236. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 1236, by Member of the Assembly Nolan, 24 Assembly Print Number 10766A, an act to amend 25 the General Business Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 180th day. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Announce the results. 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1237, Senator Parker moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 10754A and substitute it 17 for the identical Senate Bill Number 7562B, 18 Third Reading Calendar 1237. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 1237, by Member of the Assembly Magnarelli, 23 Assembly Print Number 10754A, an act to amend 24 the Executive Law and the Public Health Law. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect November 11, 2010. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1239, Senator L. Krueger moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 10715A and substitute it 16 for the identical Senate Bill Number 7612A, 17 Third Reading Calendar 1239. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 1239, by Member of the Assembly Paulin, 22 Assembly Print Number 10715A, an act to amend 23 the Agriculture and Markets Law. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator DeFrancisco, to explain his vote. 8 SENATOR DeFRANCISCO: Yes, animal 9 shelters are usually running on a shoestring, 10 and it would seem to be better for them to be 11 caring for animals rather than filing annual 12 reports to some agency of the State of 13 New York. And for that reason, I'm voting no. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator DeFrancisco to be recorded in the 16 negative. 17 Announce the results. 18 THE SECRETARY: In relation to 19 Calendar Number 1239, those Senators to be 20 recorded in the negative are Senators 21 DeFrancisco, Golden, Griffo, Hannon, 22 O. Johnson, Little, Nozzolio, Ranzenhofer, 23 Saland, Seward, and Skelos. 24 Ayes, 48. Nays, 11. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 1240, by Senator Hassell-Thompson, Senate 4 Print 7705, an act to amend the Penal Law, the 5 Criminal Procedure Law, and the Vehicle and 6 Traffic Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 24. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Hassell-Thompson, to explain her vote. 16 SENATOR HASSELL-THOMPSON: Thank 17 you, Mr. President. 18 I just rise to thank my colleagues 19 for their support for the Child Protection Act 20 of 2010. Just very briefly, there are just 21 too many cases of our children who are being 22 sadistically abused over long periods of time 23 and often turn fatal. 24 I believe that this bill will give 25 law enforcement as well as the courts the

Candyco Transcription Service, Inc. 1 tools they need to protect our children before 2 that occurs. Thank you very much. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Hassell-Thompson to be recorded in the 5 affirmative. 6 Announce the results. 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1241, Senator Oppenheimer 12 moves to discharge, from the Committee on 13 Rules, Assembly Bill Number 10638 and 14 substitute it for the identical Senate Bill 15 Number 7754, Third Reading Calendar 1241. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 1241, by Member of the Assembly Paulin, 20 Assembly Print Number 10638, an act to amend 21 the Education Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Announce the results. 6 THE SECRETARY: In relation to 7 Calendar Number 1241, those Senators to be 8 recorded in the negative: Senators 9 DeFrancisco, Ranzenhofer, Skelos and Volker. 10 Ayes, 55. Nays, 4. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1242, Senator L. Krueger moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 10878A and substitute it 17 for the identical Senate Bill Number 7811A, 18 Third Reading Calendar 1242. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 1242, by Member of the Assembly Rosenthal, 23 Assembly Print Number 10878A, an act to amend 24 the Real Property Law. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 30th day. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 1243, by Senator Valesky, Senate Print 7814B, 14 an act to authorize the lease of lands. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is high. 17 The bill will be laid aside for the 18 day. 19 THE SECRETARY: Calendar Number 20 1244, by Senator Stewart-Cousins, Senate Print 21 7897, an act to amend the Vehicle and Traffic 22 Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc. 1 act shall take effect on the first of November 2 next succeeding. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Announce the results. 8 THE SECRETARY: In relation to 9 Calendar Number 1244, those Senators to be 10 recorded in the negative: Senators 11 DeFrancisco, Farley and Skelos. 12 Ayes, 56. Nays, 3. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 1245, by Senator L. Krueger, Senate Print 17 7941, an act to amend the Social Services Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 58. Nays, 3 1. Senator LaValle to be recorded in the 4 negative. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1246, Senator Adams moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 11098 and substitute it 11 for the identical Senate Bill Number 7961, 12 Third Reading Calendar 1246. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 1246, by Member of the Assembly Magnarelli, 17 Assembly Print Number 11098, an act to amend 18 the Executive Law. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect 30 days after it shall 23 have become law. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 59. Nays, 5 0. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 1247, by Senator Oppenheimer, Senate Print 10 8044, an act to legalize, validate, ratify and 11 confirm. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1248, Senator Oppenheimer

Candyco Transcription Service, Inc. 1 moves to discharge, from the Committee on 2 Rules, Assembly Bill Number 11364 and 3 substitute it for the identical Senate Bill 4 Number 8045, Third Reading Calendar 1248. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 1248, by the Assembly Committee on Rules, 9 Assembly Print Number 11364, an act to amend 10 Chapter 183 of the Laws of 2003. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 There is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1249, Senator C. Johnson moves

Candyco Transcription Service, Inc. 1 to discharge, from the committee on Committee 2 on Investigations and Government Operations, 3 Assembly Print Number 4395 and substitute it 4 for the identical Senate Bill Number 8059, 5 Third Reading Calendar 1249. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1249, by Member of the Assembly Canestrari, 10 Assembly Print Number 4395, an act to amend 11 the Civil Service Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: Calendar Number 25 1250, by Senator Klein, Senate Print 8109, an

Candyco Transcription Service, Inc. 1 act to amend the Penal Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1251, Senator Aubertine moves 16 to discharge, from the Committee on Rules, 17 Assembly Bill Number 11312 and substitute it 18 for the identical Senate Bill Number 8116, 19 Third Reading Calendar 1251. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 1251, by the Assembly Committee on Rules, 24 Assembly Print Number 11312, an act to amend 25 the Environmental Conservation Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the 120th day. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Announce the results. 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 1252, by Senator Duane -- 15 SENATOR LIBOUS: Lay it aside. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The bill is laid aside. 18 THE SECRETARY: Calendar Number 19 1253, by Senator Aubertine, Senate Print 8245, 20 an act to amend the Civil Service Law. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Read the last section. 23 THE SECRETARY: Section 22. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 the bill is passed. 8 THE SECRETARY: Calendar Number 9 1254, by Senator Savino, Senate Print 8273, an 10 act to amend the Public Officers Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Announce the results. 20 THE SECRETARY: Ayes, 58. Nays, 21 1. Senator Lanza to be recorded in the 22 negative. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1255, by Senator Hassell-Thompson, Senate 2 Print 8312, an act to amend the State Finance 3 Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Announce the results. 13 THE SECRETARY: Ayes, 58. Nays, 14 1. Senator Flanagan recorded in the negative. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1256, by Senator Hassell-Thompson, Senate 19 Print 8313, an act to amend the Public 20 Authorities Law. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Read the last section. 23 THE SECRETARY: Section 6. This 24 act shall take effect on the 90th day. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 We are calling the roll on 1256. 5 Announce the results. 6 THE SECRETARY: In relation to 7 Calendar Number 1256, those Senators to be 8 recorded in the negative are Senators Flanagan 9 and LaValle. Also Senators Ranzenhofer and 10 Saland. 11 Ayes, 55. Nays, 4. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 1257, by Senator Hassell-Thompson, Senate 16 Print 8314, an act to amend the Executive Law 17 and the State Finance Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Read the last section. 20 THE SECRETARY: Section 14. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 SENATOR LIBOUS: Lay the bill

Candyco Transcription Service, Inc. 1 aside. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is laid aside. 4 THE SECRETARY: Calendar Number 5 1258, by Senator Foley, Senate Print 8315, an 6 act to amend a chapter of the Laws of 2010. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: Ayes, 58. Nays, 17 1. Senator O. Johnson to be recorded in the 18 negative. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 THE SECRETARY: Calendar Number 22 1259, by Senator Klein, Senate Print -- 23 SENATOR LIBOUS: Lay it aside. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is laid aside.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1260, by Senator Thompson, Senate Print 8338, 3 an act to amend the General Municipal Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is high. The bill is laid aside for 6 the day. 7 Senator Klein, that completes the 8 reading of the noncontroversial supplemental 9 calendar. 10 SENATOR KLEIN: Mr. President, at 11 this time can we please go to a reading of the 12 controversial supplemental calendar. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The Secretary will ring the bell. Members are 15 all asked to come to the chamber for the 16 reading of the controversial supplemental 17 calendar. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1216, by Member of the Assembly Gianaris, 21 Assembly Print Number 5434, an act to amend 22 the Education Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Are there any Senators wishing to be heard on 25 the bill?

Candyco Transcription Service, Inc. 1 Hearing none, the debate is closed. 2 The Secretary will please ring the bells. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first of July. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 53. Nays, 12 0. Absent from voting: Senators Bonacic, 13 Diaz, Fuschillo, Huntley, Leibell, Winner and 14 Young. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1252, by Senator Duane, Senate Print 8227, an 20 act to amend the Public Health Law. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Are there any Senators wishing to be heard on 23 the bill? 24 Senator Hannon. 25 SENATOR HANNON: Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Hannon, on the bill? 3 SENATOR HANNON: On the bill. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 On the bill, Senator Hannon. 6 SENATOR HANNON: In the world of 7 healthcare and public health, this is a pretty 8 big bill. It addresses the public health 9 problem of those with HIV, detecting those 10 with HIV, how they're going to be treated in 11 the healthcare system. 12 In 2006 the Center for Disease 13 Control and Prevention issued new guidelines 14 which attempted to have states lower the 15 barriers for testing for HIV, and this bill is 16 a result. It's been discussed very intensely 17 within the public health community for three 18 years. It's supported by the City of New 19 York, I presume still supported by the Health 20 Department of the state. 21 And I come to it with mixed 22 emotions, because it's one of those bills 23 which has things that I think are essential in 24 terms of lowering the barrier, in terms of in 25 some cases doing away with the very formal

Candyco Transcription Service, Inc. 1 consent now required, and, importantly, 2 allowing for testing in cases where there has 3 been a needle stick and a suspicion by a 4 healthcare personnel provider, such as a nurse 5 or a physician, that perhaps they may have 6 been subjected to infection. 7 But I rise to put on the record my 8 real hesitation as to how far we've gone with 9 the testing. When we started discussing this 10 test and lowering the barriers, people started 11 to talk as if every time a patient goes to see 12 a primary care provider that a consent is 13 written out. And therefore, the initial 14 proposal was we'll modify that consent that's 15 written out. 16 Turns out most people thought they 17 were writing out a consent but they're not. 18 They're talking about giving authorization to 19 bill the insurance provider. 20 So the question became, how do you 21 make the consent more universal, how do you 22 make the test more universal? My 23 recommendation had been do it in settings 24 where there is, by statistics, a high 25 incidence of people with HIV-positive results,

Candyco Transcription Service, Inc. 1 and that will address the majority part of the 2 problem. 3 Instead, after a considerable 4 amount of time, there has been what is in this 5 bill, a requirement that an HIV test be 6 offered by all primary care physicians in all 7 healthcare settings. That means we're not 8 just talking about an emergency room, we're 9 not just talking about an ambulatory care 10 clinic, we're not talking about a regular 11 clinic, we're talking about every visit in 12 every doctor's office in this state when it's 13 primary care, and that also includes 14 gynecologists. 15 I just don't think the reach is 16 appropriate. And I would think perhaps a 17 chapter amendment would be the best way 18 possible in dealing with this in terms of 19 limiting the scope and not going to the 20 doctor's office or in terms of, as a 21 compromise, having a short-term effective span 22 for this requirement. 23 Because I just think that we are 24 going to be surprising, maybe shocking people 25 throughout this state when they go for their

Candyco Transcription Service, Inc. 1 primary care and the doctor has to say to 2 them, "Hey, want an HIV test?" And they're 3 going to go, "Well, how do you get that?" And 4 then they're going to be pretty surprised. 5 The counter has been, well, it's 6 very widespread, we're missing a lot of 7 people. My point would be this is 8 overreaching. The place where we're missing 9 it tends to be in areas where there's been 10 statistically a high level of HIV-positive 11 results, and I think we should focus on that. 12 The other part is a little more 13 philosophical about this testing. We're 14 trying to go in and say to a doctor, This is 15 what you must do in terms of how you practice 16 medicine. 17 I talked to a physician who called 18 me yesterday, one of the best primary care 19 physicians I've come across. She's been 20 serving in the community for years. And she 21 said, "What did it does it mean to offer?" 22 And so I explained what the bill provides. 23 She said, "Well, wait a minute. 24 Anytime I think it's appropriate, I talk the 25 patient into getting an HIV test, and that's

Candyco Transcription Service, Inc. 1 fine." I said, "No, no, this goes to you must 2 do that in all cases." And she said, "You 3 know, I don't agree with that." And that's 4 the philosophical point of it. 5 We do deal with philosophy. We do 6 deal with people's health. We do deal with 7 people's lives. And this is really a tough 8 question, how I come about. It's one of those 9 bills where I think there's probably 10 51 percent of the bill I like, there's 11 49 percent of the bill I don't like. I'll 12 probably be voting in favor of it. But it's 13 just one of these troubling things. 14 It's not easy. I've spoken at 15 length with the sponsor. I know this is not 16 something that came about as a matter of just 17 happenstance; it's been heavily negotiated. 18 And so those are my comments I 19 wanted to put on the record. Thank you, 20 Mr. President. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Thank you, Senator Hannon. 23 Senator Duane, on the bill. 24 SENATOR DUANE: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 Really, the only thing that I want 2 to say about this legislation -- and I would, 3 of course, and I have spoken with many people 4 over many years about this issue and the 5 sincerity with which everyone wants to make 6 sure that as many people as possible at risk 7 are tested and get into treatment. 8 And from the bottom of my heart I 9 want to thank Senator Hannon for his 10 leadership, his partnership, his -- I would 11 like everyone in this body to know the 12 enormous respect with which I hold Senator 13 Hannon for his work on this issue. And that's 14 really the thing that I feel at this time, at 15 this moment, after -- as many of you know -- 16 many, many years being involved with this 17 issue, Senator Hannon has been a shining light 18 and an amazing leader, partner, and friend on 19 this issue. 20 And thank you, Mr. President. I do 21 encourage everyone to vote aye. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Thank you, Senator Duane. 24 Any other Senators wishing to be 25 heard on the bill?

Candyco Transcription Service, Inc. 1 Seeing none, hearing none, the 2 debate is closed. The Secretary will please 3 ring the bells. 4 Read the last section. 5 THE SECRETARY: Section 10. This 6 act shall take effect September 1, 2010. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Announce the results. 12 THE SECRETARY: In relation to 13 Calendar Number 1252, those recorded in the 14 negative are Senators DeFrancisco, Farley, 15 Flanagan, Golden, O. Johnson, LaValle, 16 Maziarz, Nozzolio, Ranzenhofer and Seward. 17 Absent from voting: Senators 18 Bonacic, Fuschillo, Huntley, Leibell, 19 Marcellino, Winner and Young. 20 Ayes, 42. Nays, 10. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is passed. 23 The Secretary will continue to 24 read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1257, by Senator Hassell-Thompson, Senate 2 Print 8314, an act to amend the Executive Law 3 and the State Finance Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Are there any Senators wishing to be heard on 6 the bill? 7 Hearing none, the debate is closed. 8 The Secretary will please ring the bells. 9 Read the last section. 10 THE SECRETARY: Section 14. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: In relation to 18 Calendar Number 1257, those recorded in the 19 negative are Senators DeFrancisco, Farley, 20 Flanagan, Golden, Griffo, Hannon, O. Johnson, 21 Lanza, LaValle, Libous, Little, Maziarz, 22 McDonald, Nozzolio, Padavan, Ranzenhofer, 23 Saland, Seward, Skelos and Volker. 24 Absent from voting: Senators 25 Bonacic, Diaz, Fuschillo, Huntley, Leibell,

Candyco Transcription Service, Inc. 1 Marcellino, Winner and Young. 2 Ayes, 32. Nays, 20. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Calendar Number 8 1259, by Senator Klein, Senate Print 8316, an 9 act to amend the Tax Law. 10 SENATOR NOZZOLIO: Explanation. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein, an explanation has been 13 requested by Senator Nozzolio. 14 SENATOR KLEIN: Mr. President, 15 this legislation just removes language which 16 was in the enforcement provisions of the 17 legislation that we passed last week which was 18 part of the extender. 19 Evidently there were some people 20 who were confused about some of the language, 21 so we just removed any of the language that 22 referred to a federal court stipulation or 23 order. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Nozzolio.

Candyco Transcription Service, Inc. 1 SENATOR NOZZOLIO: Mr. President, 2 on the bill. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Can we have some order in the chamber, please. 5 Senator Nozzolio, on the bill. 6 SENATOR NOZZOLIO: Thank you, 7 Mr. President. 8 Mr. President and my colleagues, I 9 appreciate this measure coming before the 10 house. I do distinguish from the remarks of 11 Senator Klein that some may have had a 12 misimpression. Frankly, I think many of us 13 had the appropriate impression that the 14 language enacted by this house earlier this 15 week -- and it's hard to believe it's been a 16 week. It seems like it's been much longer 17 than that. 18 But the language enacted by this 19 house and I assume by the Assembly, the same 20 language, was in fact language that told the 21 public that the Governor would have full 22 authority to negotiate all sorts of matters 23 with Indians without the appropriate public 24 review, without the appropriate legislative 25 approval for those agreements. And those

Candyco Transcription Service, Inc. 1 could be land claims, they could be issues 2 regarding Indian taxation, it could be a whole 3 list of the issues that are normally part and 4 parcel of Indian nation issues in relation to 5 New York State. 6 This legislation does take a step 7 in the right direction to ensure that the 8 public, through the elected representatives, 9 are the final arbiters and approval process 10 for any decisions and agreements made in 11 Indian matters. 12 That I may remind this body it was 13 a few governors ago when Governor Mario Cuomo 14 entered into a compact with the Oneida Indians 15 and established a casino. That compact was 16 never approved by this legislative body and, 17 as such, has been fully questioned and 18 appropriately scrutinized by the courts of 19 this state. And the agreement with the 20 Oneidas and the State of New York is in severe 21 doubt because of the lack of appropriate 22 legislative approval. 23 Senator Klein's bill today I 24 believe closes a significant loophole that was 25 established earlier in the week by the law

Candyco Transcription Service, Inc. 1 that required Indian taxation and the issues 2 related to the collection of that tax. 3 So I appreciate the sponsor's rapid 4 review of this issue and the appropriate 5 closure of the loophole so that ultimately 6 whatever matters are discussed with Indian 7 nations and the Governor of this state -- and 8 what other agreements are put forward -- that 9 this Legislature will have the appropriate 10 scrutiny authority, and as such the public 11 will have an opportunity to review those 12 agreements before they become enacted into 13 law. 14 Thank you, Mr. President. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Thank you, Senator Nozzolio. 17 Senator Valesky, on the bill. 18 SENATOR VALESKY: Thank you, 19 Mr. President, on the bill. And very briefly, 20 because my colleague Senator Nozzolio 21 summarized the issue very well and very 22 accurately. 23 I just want to thank Senator Klein 24 for the speed with which he has brought this 25 chapter amendment to Monday's bill to the

Candyco Transcription Service, Inc. 1 floor today. 2 And it is very simple. This is 3 ensuring that the elected representatives have 4 an opportunity to weigh in on any compacts 5 that the Governor of the State of New York 6 would enter into with any Indian tribe across 7 the state. 8 So I'm very supportive of the bill. 9 Again, I want to thank my colleague Senator 10 Klein for bringing this before us. And I urge 11 a yes vote. Thank you. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Thank you, Senator Valesky. 14 Senator Volker, on the bill. 15 SENATOR VOLKER: Mr. President, 16 as somebody who has a lot of Indians in his 17 district -- in fact, I have part of the Seneca 18 reservation; Senator Young has the other 19 part -- I'm actually very happy with this bill 20 except for one thing. 21 It is my understanding, Senator 22 Klein -- Senator Klein? Excuse me. Senator 23 Klein, it is my understanding that the way the 24 Legislature decides to confirm the Governor's 25 decision or whatever is through a process that

Candyco Transcription Service, Inc. 1 is like the Regents process where the Assembly 2 and the Senate meet together, rather than a 3 separate process the way we normally do where 4 the Senate meets and the Assembly meets. Is 5 that correct? 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Volker, do you ask Senator Klein to 8 yield? 9 SENATOR VOLKER: Yeah, I'm sorry, 10 I might as well ask him to yield. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein? 13 SENATOR KLEIN: Mr. President, 14 I'll be happy to yield. 15 The agreement that's stated in the 16 text of the legislation, if an Indian nation 17 or tribe enters into an agreement with the 18 State and the Legislature approves such 19 agreement, that agreement -- or I guess it 20 would also be known as a compact -- would have 21 to be approved by the Legislature, first the 22 Assembly, then the Senate. It would not be 23 similar to the Regents. 24 We looked up the example of when we 25 had a compact with the St. Regis Mohawk tribe.

Candyco Transcription Service, Inc. 1 And that was done by the Assembly and the 2 Senate, both legislative houses. 3 SENATOR VOLKER: Thank you, 4 Senator. I think that was my concern. The 5 rumor that I heard was that, you know, that we 6 were going to do Regents-style agreements. 7 And Senator LaValle and I in particular have a 8 little problem with that. 9 But if that's the case, that each 10 house has to approve it, then I have no 11 problem. Then I'm going to vote yes. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Thank you, Senator Volker. 14 Any other Senators wish to be heard 15 on the bill? 16 Hearing none, debate is closed. 17 The Secretary will ring the bells. I ask all 18 Senators to please return to the chamber for 19 the vote. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the same date and in 23 the same manner as Part D. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: In relation to 5 Calendar Number 1259, those recorded in the 6 negative are Senators Adams, Dilan, 7 Hassell-Thompson, L. Krueger, Maziarz, 8 Montgomery, Parker, Perkins and 9 Stewart-Cousins. 10 Absent from voting: Senators 11 Bonacic, Diaz, Fuschillo, Huntley, Marcellino, 12 Winner and Young. 13 Ayes, 43. Nays, 9. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is passed. 16 Senator Klein, that completes the 17 reading of the controversial supplemental 18 calendar. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 can we please stand at ease briefly while the 22 Minority conferences the Rules agenda. Then 23 our hope is to come out and take up the 24 noncontroversial calendar. 25 So let's all be back here at 2:30.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Libous. 3 SENATOR LIBOUS: There will be an 4 immediate Republican conference. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 There will be an immediate Republican 7 conference in the Republican conference room. 8 Until then, the Senate will stand 9 at ease. 10 (Whereupon, the Senate stood at 11 ease at 2:03 p.m.) 12 (Whereupon, the Senate reconvened 13 at 2:48 p.m.) 14 ACTING PRESIDENT SAVINO: Senator 15 Klein. 16 SENATOR KLEIN: Madam President, 17 can we please call a Rules Committee meeting 18 in the Majority Conference Room. 19 Pending the return of the Rules 20 Committee, may we please stand at ease. 21 ACTING PRESIDENT SAVINO: There 22 will be an immediate meeting of the Rules 23 Committee in the Majority Conference Room. 24 Pending the return of the Rules 25 Committee, the Senate will stand at ease.

Candyco Transcription Service, Inc. 1 (Whereupon, the Senate stood at 2 ease at 2:49 p.m.) 3 (Whereupon, the Senate reconvened 4 at 3:16 p.m.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, 8 can we briefly return to motions and 9 resolutions. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Returning to motions and resolutions. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, on 14 behalf of Senator Foley, on page number 34 I 15 offer the following amendments to Calendar 16 Number 1137, Senate Print Number 7137A, and 17 ask that said bill retain its place on the 18 Third Reading Calendar. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Amendments received. 21 SENATOR KLEIN: On behalf of 22 Senator Dilan, on page 33 I offer the 23 following amendments to Calendar Number 1098, 24 Senate Print Number 1103, and ask that said 25 bill retain its place on Third Reading

Candyco Transcription Service, Inc. 1 Calendar. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Amendments received. 4 SENATOR KLEIN: On behalf of 5 Senator Foley, on page 33 I offer the 6 following amendments to Calendar Number 1021, 7 Senate Print Number 7263B, and ask that said 8 bill retain its place on Third Reading 9 Calendar. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Amendments received. 12 SENATOR KLEIN: On behalf of 13 Senator Savino, I wish to call up Print Number 14 5953, recalled from the Assembly, which is now 15 at the desk. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1088, by Senator Savino, Senate Print 5953, an 20 act to amend the Real Property Tax Law. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 now move to reconsider the vote by which this 25 bill was passed.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll on reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 now offer the following amendments. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Amendments received. 11 SENATOR KLEIN: Mr. President, on 12 behalf of Senator Squadron, on page number 32 13 I offer the following amendments to Calendar 14 Number 986, Senate Print Number 7855A, and ask 15 that said bill retain its place on Third 16 Reading Calendar. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Amendments received. 19 SENATOR KLEIN: On behalf of 20 Senator Addabbo, I move to recommit Senate 21 Print Number 5442, Calendar Number 635 on 22 order of third reading, to the Committee on 23 Cities, with instructions to said committee to 24 strike out the enacting clause. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 So ordered. 2 Senator Klein. 3 SENATOR KLEIN: On behalf of 4 Senator Valesky, I wish to call up Print 5 Number 6780, recalled from the Assembly, which 6 is now at the desk. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The Secretary will read the title. 9 THE SECRETARY: Calendar Number 10 184, by Senator Valesky, Senate Print 6780, an 11 act to amend the Agriculture and Markets Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, I 15 now move to reconsider the vote by which this 16 bill was passed. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The Secretary will call the roll on 19 reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, I 25 now offer the following amendments.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Amendments received. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, 5 staying on motions and resolutions, I move 6 that we pass the Resolution Calendar in its 7 entirety, with the exception of Senate 8 Resolutions 6244, 6245, 6246, 6247 and 6287. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 All those in favor of adopting the Resolution 11 Calendar in its entirety, with the exception 12 of Senate Resolutions 6244, 6245, 6246, 6247, 13 and 6287, please signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Resolution Calendar is adopted. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, at 22 this time I move to take up Senate Resolution 23 Number 6287, by Senators Farley and McDonald. 24 I ask that the resolution be read in its 25 entirety and move for its immediate adoption.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The Secretary will read. 3 THE SECRETARY: By Senators 4 Farley and McDonald, Senate Resolution 6287, 5 mourning the untimely death of Private First 6 Class David Taylor Miller of Wilton, New York, 7 and paying tribute to his courageous actions 8 as a member of the United States Army. 9 "WHEREAS, The courage and bravery 10 of our military personnel since the United 11 States Armed Forces commenced Operation Iraqi 12 Freedom will ensure our continued role as a 13 nation which embodies the ideals of democracy, 14 and as a defender of liberty for people 15 throughout the world; and 16 "WHEREAS, Members of the armed 17 services from the State of New York who have 18 served so valiantly and honorably during 19 Operation Enduring Freedom deserve a special 20 salute from this Legislative Body; and 21 "WHEREAS, It is with feelings of 22 deepest regret that this Legislative Body 23 mourns the untimely death of Private First 24 Class David Taylor Miller of Wilton, New York, 25 and pays tribute to his courageous actions as

Candyco Transcription Service, Inc. 1 a member of the United States Army; and 2 "WHEREAS, PFC David Taylor Miller 3 was killed by a suicide bombing on Monday, 4 June 21, 2010, when he and another soldier 5 were on security checkpoints in the province 6 of Kunar in Afghanistan. Always thinking of 7 others, he asked to switch his two-week leave 8 to a later date so a fellow soldier could go 9 home and meet his newborn son; and 10 "WHEREAS, This brave soldier, known 11 as 'Taylor' to his friends and family, 12 graduated from Saratoga Springs High School in 13 2009. He had moved to Wilton from his 14 hometown of Amherst, Virginia, during his 15 sophomore year; and 16 "WHEREAS, He was a lineman for the 17 Saratoga Springs Blue Streaks Varsity Football 18 Team for two years; and 19 "WHEREAS, The son of a Marine, 20 PFC David Taylor Miller joined the United 21 States Army right out of high school in July 22 of 2009. He was deployed to Afghanistan in 23 April 2010; and 24 "WHEREAS, PFC David Taylor Miller 25 was deployed to Afghanistan in April of 2010,

Candyco Transcription Service, Inc. 1 serving as a designated marksman with the 2 101st Airborne Division; and 3 "WHEREAS, He is survived by his 4 parents, Leslie and Jesse Miller, and his 5 sister, Victoria Ferguson; and 6 "WHEREAS, The banner of freedom 7 will always wave over our beloved New York and 8 all of America, the Land of the Free and the 9 Home of the Brave; and 10 "WHEREAS, Residents of this great 11 state must never forget the courage with which 12 these men and women served their country, and 13 must recognize that no greater debt is owed 14 than that owed to those who gave their lives 15 for their beloved nation and to those who 16 continue to be missing in action; and 17 "WHEREAS, The freedoms and security 18 we cherish as Americans come at a very high 19 price for those serving in the military in 20 times of conflict. It is fitting and proper 21 that we who are the beneficiaries of those who 22 risk their lives, leaving their families 23 behind, express our appreciation and eternal 24 gratitude for their sacrifices and courageous 25 acts; now, therefore, be it

Candyco Transcription Service, Inc. 1 "RESOLVED, That this Legislative 2 Body pause in its deliberations to mourn the 3 untimely death of PFC David Taylor Miller of 4 Wilton, New York, and to pay tribute to his 5 courageous actions as a member of the United 6 States Army; and be it further 7 "RESOLVED, That a copy of this 8 resolution, suitably engrossed, be transmitted 9 to the family of PFC David Taylor Miller." 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Farley. 12 SENATOR FARLEY: Thank you, 13 Mr. President. 14 Let me just say this is the third 15 time this week that we have mourned the loss 16 of a young man, 19 years of age. You know, 17 it's so sad when you think of -- he was called 18 Taylor, David Taylor Miller -- Taylor gave up 19 his leave to come home to see his family so 20 that a friend of his, his buddy, could visit 21 his newborn son. 22 This young man was killed by a 23 suicide bomber at a checkpoint and gave up his 24 life. 25 Now, at 19 years of age and he's

Candyco Transcription Service, Inc. 1 going to be buried in Arlington National 2 Cemetery in Virginia. He originally came from 3 Virginia. He lives in the town of Wilton, 4 which is in my district -- where Senator 5 McDonald lived for many years and was the 6 supervisor -- but went to Saratoga Springs 7 High School and was an outstanding football 8 player and so forth. 9 And it's interesting on July 4th 10 that the City of Saratoga Springs, for their 11 annual Fourth of July weekend celebration, 12 will dedicate their entire weekend celebration 13 to Taylor Miller. 14 You know, it is so sad -- and 15 Senator Maziarz just lost a constituent this 16 week, and Senator Little lost a constituent 17 this week -- it is so sad what is going on in 18 our world today. But I would ask that all of 19 my colleagues in this house mourn the death of 20 Taylor Miller because of all that he's given 21 for our country. And what a fine young man 22 that he thought of others before he thought of 23 himself. 24 And with that, I would yield the 25 floor to my colleague Senator McDonald, who

Candyco Transcription Service, Inc. 1 would like to speak on this also. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator McDonald. 4 SENATOR McDONALD: Thank you, 5 Mr. President. Thank you, Senator Farley. 6 Thank you, New York State Senate. 7 This is certainly a sad time, our 8 third this week. I know all my colleagues 9 from all over this great state have been going 10 through this. 11 There's a sadness that's almost 12 incomprehensible if you're a parent. In my 13 life, I've evolved from a soldier to a parent 14 to a grandparent. You not only think of this 15 wonderful soldier, so many of them -- men and 16 women, all over the place -- you think of 17 their family members right now, the sadness in 18 their hearts. 19 I don't know what the answer is. 20 As a former soldier, I know one thing: It's 21 nice to have the people back home carrying 22 about them. 23 I'm proud of this Senate and this 24 state because they do care about our soldiers. 25 I'm proud of the soldiers. When I read the

Candyco Transcription Service, Inc. 1 newspapers throughout the state, New York City 2 papers upstate, it's amazing to see the 3 diversity of our military -- men, women, 4 Hispanics, African-Americans, upstate, 5 downstate. One thing in common: They love 6 this country so much they're willing to leave 7 it to protect it. 8 So we have kind of a special 9 responsibility, and I know we're all up for 10 it, and that is to take care of them, the ones 11 that survive and come back, and to be there 12 for their family structures, like now. It's a 13 tough challenge. Other generations of 14 Americans have had to do it. And I'm sure 15 that future generations will have to do it. 16 It is without question one of the 17 saddest things that I've ever been involved 18 with. And I'm just amazed that there's so 19 many men and women throughout this great 20 country and state that are willing to do that 21 for us. 22 So thank you for letting me have 23 the opportunity to express that. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Thank you, Senator McDonald.

Candyco Transcription Service, Inc. 1 Senator Farley. 2 SENATOR FARLEY: I'd like to open 3 up this resolution to all members of the 4 house, if they would choose to be on it. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The resolution honoring David Taylor Miller 7 will be open to all members of the Senate. If 8 you do not wish to be on the resolution, 9 please contact the desk. 10 I also ask, on behalf of the memory 11 of David Taylor Miller, to have all members 12 and all those within the chamber to please 13 rise for a moment of silence in David Taylor 14 Miller's honor. 15 (Whereupon, the assemblage 16 respected a moment of silence.) 17 SENATOR FARLEY: Thank you very 18 much, Mr. Chair. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Thank you, Senator Farley. Thank you, Senator 21 McDonald. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 believe Senator Valesky has a resolution at 25 the desk --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 I'm sorry, Senator Klein. We actually have to 3 vote on the resolution, if you wouldn't mind. 4 All those in favor of the 5 resolution please indicate by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The resolution is adopted. 12 Again, to repeat, Senator Farley 13 does open up the resolution for sponsorship. 14 Those who do not wish to be on the resolution 15 please contact the desk. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, I 18 believe Senator Valesky has a resolution at 19 the desk. I ask that the title of the 20 resolution be read and move for its immediate 21 adoption. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Klein, has this resolution been deemed 24 privileged and submitted by the office of the 25 Temporary President?

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Yes, it has, 2 Mr. President. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Secretary will read the title only. 5 THE SECRETARY: By Senators 6 Valesky and DeFrancisco, legislative 7 resolution honoring Colonel Anthony B. Basile 8 a upon the occasion of his retirement as Chief 9 of Staff of the New York Air National Guard, 10 to be celebrated July 1, 2010. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The question is on the resolution. All those 13 in favor please signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The resolution is adopted. 20 Senator Valesky has also indicated 21 that he would like to open the resolution up 22 for cosponsorship. Any Senator not wishing to 23 be on the resolution please notify the desk. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 believe there's a report of the Rules 2 Committee at the desk. I move that we adopt 3 the report at this time. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein, there is a report of the Rules 6 Committee at the desk. 7 The Secretary will read. 8 THE SECRETARY: Senator Smith, 9 from the Committee on Rules, reports the 10 following bills: 11 Senate Print 756, by Senator 12 LaValle, an act to amend the Environmental 13 Conservation Law; 14 Senate Print 1156B, by Senator 15 Thompson, an act to amend the Vehicle and 16 Traffic Law; 17 Senate Print 2245B, by Senator 18 Onorato, an act to amend the Labor Law; 19 Senate Print 4050, by Senator 20 Hannon, an act to authorize the assessor of 21 the County of Nassau; 22 Senate Print 4410A, by Senator 23 O. Johnson, an act to authorize the West Islip 24 Union Free School District to file an 25 application;

Candyco Transcription Service, Inc. 1 Senate Print 5342A, by Senator 2 Morahan, an act to authorize the Congregation 3 Mesifta Beth Shraga to file an application; 4 Senate Print 6291, by Senator 5 Espada, an act to amend the Social Services 6 Law; 7 Senate Print 6356B, by Senator 8 Saland, an act to amend the General Business 9 Law; 10 Senate Print 6694B, by Senator 11 Skelos, an act to authorize the assessor of 12 the County of Nassau; 13 Senate Print 6766, by Senator 14 Farley, an act to authorize the Tabernacle of 15 New Hope to file an application; 16 Senate Print 6928B, by Senator 17 Klein, an act to amend the Education Law; 18 Senate Print 7022B, by Senator 19 Adams, an act to amend the Penal Law; 20 Senate Print 7447A, by Senator 21 Foley, an act authorizing certain school 22 districts; 23 Senate Print 7681A, by Senator 24 Young, an act to validate certain acts of the 25 Fredonia Central School District;

Candyco Transcription Service, Inc. 1 Senate Print 7863A, by Senator 2 Espada, an act to amend the Public Officers 3 Law; 4 Senate Print 7934B, by Senator 5 Ranzenhofer, an act authorizing the County of 6 Erie to transfer; 7 Senate Print 7951, by Senator 8 Dilan, an act to amend the Vehicle and Traffic 9 Law; 10 Senate Print 7953, by Senator 11 Peralta, an act to amend the Executive Law; 12 Senate Print 8119A, by Senator 13 Adams, Concurrent Resolution of the Senate and 14 Assembly proposing an amendment; 15 Senate Print 8121, by Senator 16 Fuschillo, an act to authorize the 17 Commissioner of General Services; 18 Senate Print 8122A, by Senator 19 Klein, an act to amend the Executive Law; 20 Senate Print 8124, by Senator C. 21 Johnson, an act to amend the Public 22 Authorities Law; 23 Senate Print 8156, by Senator 24 Smith, an act to amend the Education Law; 25 Senate Print 8213, by Senator

Candyco Transcription Service, Inc. 1 Dilan, an act to amend the Vehicle and Traffic 2 Law; 3 Senate Print 8221A, by Senator 4 Breslin, an act authorizing the lease of 5 lands; 6 Senate Print 8257, by Senator 7 C. Kruger, an act to amend Chapter 95 of the 8 Laws of 2000; 9 And Senate Print 8324, by Senator 10 Stachowski, an act to amend the Erie County 11 Tax Act. 12 All bills ordered direct to third 13 reading. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 All those in favor of adopting the Rules 16 Committee report please signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The Rules Committee report is adopted. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, at 25 this time can we please go to a reading of

Candyco Transcription Service, Inc. 1 Senate Supplemental Calendar 71B. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The Secretary will read. 4 THE SECRETARY: In relation to 5 Calendar Number 1218, Senator LaValle moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 2294 and substitute it 8 for the identical Senate Bill Number 756, 9 Third Reading Calendar 1218. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 1218, by Member of the Assembly Thiele, 14 Assembly Print Number 2294, an act to amend 15 the Environmental Conservation Law. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Announce the results. 25 THE SECRETARY: Ayes, 60.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 1238, by Senator Thompson, Senate Print 1156B, 5 an act to amend the Vehicle and Traffic Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 There is a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect January 1, 2011. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is passed. 19 THE SECRETARY: Calendar Number 20 1260, by Senator Onorato -- 21 SENATOR LIBOUS: Lay it aside. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is laid aside. 24 SENATOR KLEIN: Lay it aside for 25 the day, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 1261, by Senator Hannon, Senate Print 4050, an 5 act to authorize the assessor of the County of 6 Nassau. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is passed. 19 THE SECRETARY: Calendar Number 20 1262, by Senator O. Johnson, Senate Print 21 4410A, an act to authorize the West Islip 22 Union Free School District. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1263, Senator Morahan moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 7924A and substitute it 14 for the identical Senate Bill Number 5342A, 15 Third Reading Calendar 1263. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 1263, by Member of the Assembly Zebrowski, 20 Assembly Print Number 7924A, an act to 21 authorize the Congregation Mesifta Beth 22 Shraga. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 1264, by Senator Espada, Senate Print -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day, please. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is laid aside for the day. 16 THE SECRETARY: In relation to 17 Calendar Number 1265, Senator Saland moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 9223C and substitute it 20 for the identical Senate Bill Number 6356B, 21 Third Reading Calendar 1265. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number 25 1265, by Member of the Assembly Fields,

Candyco Transcription Service, Inc. 1 Assembly Print Number 9223C, an act to amend 2 the General Business Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Saland, to explain his vote. 12 SENATOR SALAND: Very briefly, 13 Mr. President. 14 This bill would prohibit the 15 manufacture and sale here in New York of 16 unsafe cribs as defined by really federal 17 standards, the Federal Consumer Safety 18 Commission. And it's particularly timely. 19 And the reason I rise is because 20 yesterday there was an announcement of some 21 2 million drop-side cribs being recalled. So 22 certainly it's more than fortuitous that we 23 would be passing this bill at this time. 24 Thank you, Mr. President. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Saland to be recorded in the 2 affirmative. 3 Announce the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1266, Senator Skelos moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 6241C and substitute it 11 for the identical Senate Bill Number 6694B, 12 Third Reading Calendar 1266. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 1266, by Member of the Assembly Barra, 17 Assembly Print Number 6241C, an act to 18 authorize Gibson Meeting Halls, Inc. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Announce the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 1267, by Senator Farley, Senate Print 6766, an 8 act to authorize the Tabernacle of New Hope. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Announce the results. 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 THE SECRETARY: Calendar Number 22 1268, by Senator Klein -- 23 SENATOR KLEIN: Lay the bill 24 aside for the day, please. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is laid aside for the day. 2 THE SECRETARY: In relation to 3 Calendar Number 1269, Senator Adams moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 10058B and substitute it 6 for the identical Senate Bill Number 7022B, 7 Third Reading Calendar 1269. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 1269, by Member of the Assembly Lancman, 12 Assembly Print Number 10058B, an act to amend 13 the Penal Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Announce the results. 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1270, by Senator Foley -- 3 SENATOR KLEIN: Lay the bill 4 aside for the day, please. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is laid aside for the day. 7 THE SECRETARY: In relation to 8 Calendar Number 1271, Senator Young moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 10798A and substitute it 11 for the identical Senate Bill Number 7681A, 12 Third Reading Calendar 1271. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 1271, by Member of the Assembly Parment, 17 Assembly Print Number 10798A, an act to 18 validate certain acts. 19 GETRIDDOFMETOOPLEASE: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Announce the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1272, Senator Espada -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day, please. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Klein, we'll continue the substitution 12 and then we'll lay the bill aside for the day. 13 THE SECRETARY: Senator Espada 14 moves to discharge, from the Committee on 15 Rules, Assembly Bill Number 11389 and 16 substitute it for the identical Senate Bill 17 Number 7863A, Third Reading Calendar 1272. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Substitution ordered. 20 The bill is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 1273, by Senator Ranzenhofer, Senate Print 23 7934B, an act authorizing the County of Erie. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 There is a home-rule message at the desk.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 1274, by Senator Dilan, Senate Print 7951, an 14 act to amend the Vehicle and Traffic Law and 15 the Penal Law. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Read the last section. 18 THE SECRETARY: Section 7. This 19 act shall take effect immediately. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Announce the results. 25 THE SECRETARY: Ayes, 60.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1275, Senator Peralta -- 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is laid aside for the day. 9 Oh, one more time, sorry. 10 THE SECRETARY: In relation to 11 Calendar Number 1275, Senator Peralta moves to 12 discharge, from the Committee on Finance, 13 Assembly Bill Number 10894 and substitute it 14 for the identical Senate Bill Number 7953, 15 Third Reading Calendar 1275. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Substitution ordered. 18 The bill is laid aside for the day. 19 THE SECRETARY: Calendar Number 20 1276, by Senator Adams, Senate Print -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day, please. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1277, by Senator Fuschillo, Senate Print 2 8121 -- 3 SENATOR KLEIN: Lay it aside for 4 the day, please. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 1278, by Senator Klein, Senate Print 8122A, an 9 act to amend the Executive Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Klein, to explain his vote. 19 SENATOR KLEIN: I'll be very 20 brief, Mr. President. 21 This is a piece of legislation that 22 came out of the Task Force on Government 23 Efficiency dealing with improper payments. 24 This is modeled after federal legislation 25 which was very successful that would require

Candyco Transcription Service, Inc. 1 state agencies to spend over $20 million to 2 identify programs that are at risk of a 3 significant amount of improper payments. 4 This is, I think, a way, once we 5 get this into effect, of really providing a 6 lot more transparency, efficiency in 7 government, and ultimately saving the 8 taxpayers millions upon millions of dollars. 9 So of course I vote yes Mr. President. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Klein to be recorded in the 12 affirmative. 13 Announce the results. 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1279, by Senator C. Johnson, Senate Print 19 8124, an act to amend the Public Authorities 20 Law. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1280, Senator Smith moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 11404 and substitute it 12 for the identical Senate Bill Number 8156, 13 Third Reading Calendar 1280. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 1280, by the Assembly Committee on Rules, 18 Assembly Bill Number 11404, an act to amend 19 the Education Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 SENATOR KLEIN: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is laid aside for the day.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1281, by Senator Dilan, Senate Print 8213, an 3 act to amend the Vehicle and Traffic Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Read the last section. 6 SENATOR KLEIN: Lay it aside for 7 the day, please. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 1282, by Senator Breslin, Senate Print 8221A, 12 an act to authorizing the lease of lands. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 15. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1283, Senator C. Kruger moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 11326 and substitute it 4 for the identical Senate Bill Number 8257, 5 Third Reading Calendar 1283. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1283, by the Assembly Committee on Rules, 10 Assembly Print 11326, an act to amend 11 Chapter 95 of the Laws of 2000. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1284, Senator Stachowski moves

Candyco Transcription Service, Inc. 1 to discharge, from the Committee on Local 2 Government, Assembly Bill Number 7385A and 3 substitute it for the identical Senate Bill 4 Number 8324, Third Reading Calendar 1284. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 1284, by Member of the Assembly Gabryszak, 9 Assembly Print Number 7385A, an act to amend 10 the Erie County Tax Act. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Announce the results. 20 THE SECRETARY: In relation to 21 Calendar Number 1284, those recorded in the 22 negative are Senators Golden, Ranzenhofer and 23 Saland. Also Senators Hannon and Griffo. 24 Ayes, 55. Nays, 5. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 Senator Klein, that completes the 3 reading of the noncontroversial supplemental 4 calendar. 5 SENATOR KLEIN: Mr. President, at 6 this time can we take up the very short 7 supplemental active list. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 782, by Senator Onorato, Senate Print 5847F, 12 an act to amend the Labor Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, is 16 there a message of necessity at the desk? 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Klein, there is a message of necessity 19 at the desk. 20 SENATOR KLEIN: Mr. President, I 21 move that we accept the message at this time. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The question is on the acceptance of the 24 message of necessity. All those in favor 25 please signify by saying aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The message is accepted. 7 The Secretary will read the last 8 section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on -- 11 SENATOR LIBOUS: Lay the bill 12 aside. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is laid aside. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 can we now go to a reading of the 18 controversial supplemental active list. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The Secretary will ring the bell. Members are 21 all asked to come to the chamber for a reading 22 of the controversial supplemental calendar. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 782, by Senator Onorato, Senate Print 5847F,

Candyco Transcription Service, Inc. 1 an act to amend the Labor Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Saland. 4 SENATOR SALAND: Thank you, 5 Mr. President. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Saland, on the bill? 8 SENATOR SALAND: Yeah, on the 9 bill. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Saland, on the bill. 12 SENATOR SALAND: Mr. President, 13 in reading the legislative intent, it's 14 certainly clear what is being attempted to be 15 done here. And the legislative intent section 16 dwells at some length on recent studies of 17 New York City's construction industry and 18 talks about abuses that are occurring in 19 New York City's construction industry and then 20 goes on to apply statewide a standard for 21 determining who shall be an independent 22 contractor. 23 And as I look at those standards, 24 there are two alternative sections, one under 25 Section 861C, which specifically says any

Candyco Transcription Service, Inc. 1 person performing services for a contractor 2 shall be classified as an employee unless the 3 person is a separate business entity under 4 subdivision 2 of this section or all the 5 following criteria are met, and it goes on to 6 list the criteria. 7 But when I look at Section 2, one 8 of the things -- and again, I'll emphasize the 9 difference between perhaps major construction 10 jobs in New York City and smaller jobs that 11 may occur in communities such as those that I 12 represent. But one of the criteria, and it 13 goes from A through L -- and I assume 14 that's -- I won't assume, that's 12 separate 15 criteria each of which have to be met. 16 One of them, in order to establish 17 that you are an independent contractor, the 18 business entity must have a substantial 19 investment of capital in the business entity 20 beyond ordinary tools and equipment and a 21 personal vehicle. 22 Now, many of the independent 23 contractors in my area are one-man operations, 24 perhaps two-person operations, and they get by 25 by working at any number of different sites.

Candyco Transcription Service, Inc. 1 And in the course of doing that, they probably 2 have a pickup truck and they probably have a 3 bin in the back of their pickup truck where 4 they store their tools, and that's pretty much 5 their capital investment. 6 We're not talking about major 7 companies here. We're not talking about 8 people who have big-time offices with 9 conference rooms. And we're not talking about 10 people who may have a large space where they 11 store materials or the like. These are folks 12 who in many instances are merely trying 13 sustain themselves. So that immediately 14 presents an enormous problem for any number of 15 small entrepreneurs in my district. 16 Then it goes on to say that the 17 business entity perform services for the 18 contractor under the business entity's name. 19 Now, I'm not quite sure if that means in the 20 absence of either an LLC, a corporation, or a 21 d/b/a, an assumed name, if Tom Jones isn't 22 sophisticated enough to form an LLC and just 23 goes out and works on the job site as a 24 carpenter or a plumber or an electrician, that 25 because he doesn't have a business name that

Candyco Transcription Service, Inc. 1 somehow or other he's prejudiced. 2 And the fact that that individual, 3 this one or perhaps two-person operation, may 4 do what is lawfully expected of him and secure 5 workers' compensation insurance as a sole 6 proprietor or partnership, is not binding on 7 any determination. 8 So you take some little guy or 9 little gal who's out there trying to make a 10 living, trying to scrape by, taking any job 11 that might be available in order to do this, 12 perhaps occasionally working as an independent 13 contractor on a particular job site -- and 14 they're complying with the law. They've got 15 workers' compensation. And one of the things 16 you would think they would attempt to use to 17 establish that in fact they are legitimately 18 in business -- and this says if they do that, 19 it doesn't matter. 20 Now, I understand the desire to 21 punish those who violate the law, and they 22 certainly should be punished. I understand 23 the efforts to try and inject an element of 24 wilfulness into this. But this has been cast 25 with such a broad brush that you are

Candyco Transcription Service, Inc. 1 effectively going to take, in what is already 2 a horrid economy, a number of people who are 3 desperately trying to sustain themselves by 4 the sweat of their labor -- their hands, their 5 tools, their pickup truck -- and basically say 6 you can't work on a job site as an independent 7 contractor, that's not going to be permitted 8 to you, so you'd better confine yourselves to 9 another universe, you'd better limit 10 yourselves to looking for odd jobs, working at 11 one or another residence or building because 12 you by definition are incapable of being an 13 independent contractor. 14 And the cards have been stacked, 15 stacked so high and so badly that it greatly 16 prejudices any number -- and I couldn't even 17 begin to hazard a guess. And I assume it 18 would be true in many areas upstate. 19 To the extent that there's a 20 significant problem in the city, and to the 21 extent that you want to punish those who are 22 wilfully in violation, then by all means they 23 should be punished. But this should not have 24 been crafted in such a blunderbuss fashion and 25 certainly should have been cognizant of those

Candyco Transcription Service, Inc. 1 who are struggling to make a living, who are 2 barely getting by, and who desperately are 3 looking for work and do from time to time, in 4 that capacity, find themselves working on 5 larger job sites as either an independent 6 contractor or perhaps a subcontractor. 7 I would hope that the sponsor, who 8 I know certainly is a keen advocate as the 9 chairman of the Labor Committee, might 10 consider some way in which to take into 11 consideration some of the points I've just 12 raised and before, in fact, this session is 13 over, which is just around the corner, might 14 look at some means by which to address those 15 issues. 16 Thank you. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Ranzenhofer. 19 SENATOR RANZENHOFER: Thank you, 20 Mr. President. 21 I share many of the concerns that 22 were expressed by Senator Saland. And it 23 appears that the intent of the legislation is 24 focused mainly on a problem that is occurring 25 in New York City.

Candyco Transcription Service, Inc. 1 But what is actually going to 2 happen here, by casting such a wide net to try 3 to deal with a problem in New York City, in my 4 area in Western New York it's going to be very 5 hurtful to the small businessman or woman that 6 right now serves as an independent contractor. 7 It's also going to be 8 disproportionately impacting and negatively 9 impacting minority- and women-owned 10 businesses, because many of them are the 11 smaller companies not yet at the larger stage, 12 and will have a real bad affect on women- and 13 minority-owned businesses. 14 One of the problems that you have 15 here, as Senator Saland said, is that you have 16 companies that are two, five, six, and this is 17 really going to shut them out of the 18 construction industry. They need to rely on 19 not only working on big jobs but working on 20 small jobs. And when you craft this 21 legislation, it's just so onerous that these 22 people are no longer going to be able to work 23 on the types of jobs which they've been 24 working on and they're struggling to work on, 25 because there aren't that many jobs.

Candyco Transcription Service, Inc. 1 One of the things that also 2 concerns me is the way, in the legislation, 3 you defined wilfulness. And the way it's 4 defined is that you knew or should have known 5 that the conduct was prohibited. And that 6 seems more like oversight and making a mistake 7 than intentionally going out. 8 I agree that someone who is 9 deliberately cheating the system ought to be 10 punished. But the definition that you have 11 here is going to capture the person who is not 12 knowledgeable, who is not a lawyer. And the 13 penalties that have been assessed are really, 14 really rather extreme, especially for Western 15 New York. 16 The first thing is that -- and I 17 haven't seen much of this -- is that you're 18 now criminalizing this type of behavior. And 19 a person who is guilty of this section can now 20 go to jail. So what you're doing is you're 21 taking a businesswomen or woman and you're 22 putting them in the same category as someone 23 who is convicted of drunk driving and kills 24 somebody, someone who has committed a criminal 25 offense. The businessman, the businesswoman

Candyco Transcription Service, Inc. 1 is now in that same category, and they can 2 find themselves in jail. Obviously if they 3 could themselves in jail, they're not going to 4 have a company that exists any longer. 5 Also some of the penalties here, 6 $25,000, $50,000 for some of these violations, 7 that may be more than the contractor makes in 8 a year. And yet a penalty of $50,000 is going 9 to be imposed on that particular individual. 10 I understand what the intent is 11 behind this. The intent is admirable. But 12 the way that the law is crafted in terms of 13 criminalizing what I believe to be mistakes 14 really is going to hurt small business in my 15 area. 16 Thank you. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Thank you, Senator Ranzenhofer. 19 Senator Savino, on the bill. 20 SENATOR SAVINO: Thank you, 21 Mr. President. 22 First I want to congratulate 23 Senator Onorato for bringing this bill through 24 and getting it to the floor, and also for the 25 support of the Governor's office and the

Candyco Transcription Service, Inc. 1 Assembly, who worked on this. 2 The misclassification of workers in 3 the construction industry is a problem not 4 just for those employees but it's a problem 5 for the State of New York. There is rampant 6 abuses of workers in the construction industry 7 that are hurting the State of New York's 8 bottom line. A recent study by Cornell 9 University suggests that as many as 50,000 10 New York City construction workers -- that's 11 nearly one in four -- are either misclassified 12 as independent contractors or they're employed 13 completely off the books. Which makes their 14 employers already in violation of the law. 15 Over $4 billion in taxable wages 16 are underreported due to misclassification. 17 That results in the underreporting of over 18 $175 million in unemployment tax, which taxes 19 our unemployment insurance system. 20 An estimated $150 million in 21 healthcare costs are shifted to employees, 22 taxpayers and honest employers because of 23 misclassification. Misclassification of 24 construction workers actually puts good actors 25 at a competitive disadvantage with the bad.

Candyco Transcription Service, Inc. 1 Now, I understand, from listening 2 to Senator Saland, his concern about real 3 independent contractors. And we believe that 4 in this bill we have found a way to clearly 5 define who is an independent contractor. 6 The Fair Play Act creates a 7 presumption that a construction worker is an 8 employee rather than an independent contractor 9 unless the employer can prove either, under 10 the ABC test, (A) the worker is free from 11 control and direction in performing the 12 work -- that means they're free to make their 13 own independent decisions. They may own their 14 own pickup truck, their own tools and go from 15 place to place. They would not be an 16 employee; they would be an independent 17 contractor -- (B) the service is performed 18 outside the employer's usual course of 19 business; and (C) the individual is 20 customarily engaged in an independent trade 21 that is similar to the work in question. 22 This ABC test has been adopted in 23 26 other states in an effort to crack down on 24 misclassification in the construction 25 industry.

Candyco Transcription Service, Inc. 1 It is not just harmful to the 2 employees who find themselves at the end of 3 the year assuming that their taxes have been 4 collected and transmitted to the federal 5 government and the State of New York when in 6 fact they haven't. It protects them in the 7 event they get hurt on the job and they find 8 out that their employer -- who they thought 9 was an employer. They didn't know they had 10 this relationship that they were an 11 independent contractor -- they get hurt on the 12 job, there's no workers' compensation coverage 13 for them. They get unemployed, there's no 14 unemployment insurance tax. 15 This costs the State of New York, 16 it costs the workers, and it costs the good 17 actors in the construction industry. And 18 that's why this is a good piece of 19 legislation. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Saland, why do you rise? 22 SENATOR SALAND: Will Senator 23 Savino yield? 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Savino, will you yield for a question?

Candyco Transcription Service, Inc. 1 SENATOR SAVINO: Certainly. 2 SENATOR SALAND: Just one 3 question. So that means that I can tell all 4 of the people I just described earlier that 5 they can disregard Section 2 because it 6 doesn't apply to them, the 12 criteria that 7 they also have to meet. 8 SENATOR SAVINO: Section 2 refers 9 to who a contractor is. And what we're trying 10 to define under the law here, who is an 11 employer in the construction industry. 12 And I believe that the language 13 that we've put forth clarifies who becomes an 14 independent contractor. So for a small 15 one-or-two-person firm, as opposed to a guy 16 who shows up every day on the job and actually 17 works for somebody else but does not realize 18 that he is being misclassified by his 19 employer. 20 SENATOR SALAND: I'll ask one 21 last question, if you'll yield, and then I'll 22 sit down. 23 SENATOR SAVINO: Certainly. 24 SENATOR SALAND: So the language 25 that reads "Any person performing services for

Candyco Transcription Service, Inc. 1 a contractor shall be classified as an 2 employee unless the person is a separate 3 business entity under subdivision 2 of this 4 section" would not apply to my guy in the 5 pickup truck with his tools? 6 SENATOR SAVINO: No. 7 SENATOR SALAND: It doesn't? 8 SENATOR SAVINO: I don't believe 9 it does. It should not apply to him. Unless 10 he has -- if he is working independently. And 11 again, it goes back to the ABC test. He is 12 free from control and direction. 13 SENATOR SALAND: So these -- 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Saland, do you wish Senator Savino to 16 yield again? 17 SENATOR SALAND: Yeah, if she'll 18 yield for one more. 19 So I should disregard the "or" 20 that's in that paragraph? It's an either/or 21 situation. So I should disregard -- 22 everything that precedes the "or" doesn't 23 count? 24 SENATOR SAVINO: Where exactly -- 25 what line are you on, so I can find it.

Candyco Transcription Service, Inc. 1 SENATOR SALAND: I'm at lines 43 2 through 47 on page 2, "Presumption of 3 employment in the construction industry." 4 SENATOR SAVINO: [Reading.] All 5 of the following criteria underneath should 6 consider them an employee as opposed to a 7 contractor. 8 SENATOR SALAND: Thank you, 9 Senator Savino. 10 SENATOR SAVINO: Thank you. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Are there any other Senators wishing to be 13 heard? 14 Seeing none, debate is closed. The 15 Secretary will please ring the bells. 16 Read the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Onorato, to explain his vote. 24 SENATOR ONORATO: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 I want to thank my colleagues for 2 their support. I understand there were some 3 concerns with the legislation. And if each 4 and every one of you put that in writing to 5 me, if there's something that I can reflect 6 later on in a chapter amendment, I'll be happy 7 to do so to take care of some of the concerns 8 that you just mentioned. 9 But again, thank you for your vote. 10 I vote aye. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Onorato to be recorded in the 13 affirmative. 14 Those who want to be recorded in 15 the negative please raise their hands so the 16 Secretary can record your vote. 17 Announce the results. 18 THE SECRETARY: In relation to 19 Calendar Number 782, those Senators recorded 20 in the negative: Senators DeFrancisco, 21 Griffo, Ranzenhofer and Saland. 22 Absent from voting: Senators 23 Bonacic, Diaz, Duane, Flanagan, Fuschillo, 24 Huntley, C. Kruger, LaValle, Leibell, 25 Marcellino, Robach, Squadron, Winner and

Candyco Transcription Service, Inc. 1 Young. 2 Ayes, 39. Nays, 4. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 Senator Klein, that completes the 6 controversial supplemental calendar. 7 SENATOR KLEIN: Mr. President, is 8 there any further business at the desk? 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Klein, the desk is clear. 11 SENATOR KLEIN: Mr. President, I 12 move that we adjourn at the call of the 13 Temporary President, intervening days to be 14 legislative days. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 There being no further business to come before 17 the Senate, on motion, the Senate stands 18 adjourned at the call of the Temporary 19 President, intervening days being legislative 20 days. 21 (Whereupon, at 4:12 p.m., the 22 Senate adjourned.) 23 24 25

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