Regular Session - July 9, 2009

                                                            5734



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     July 9, 2009

        11                       3:30 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Senate will come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       In the absence of clergy, may we all bow our

        11       heads for a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you.

        16                  The reading of the Journal.

        17                  The Secretary will read.

        18                  THE SECRETARY:    In Senate,

        19       Tuesday, July 7, the Senate met pursuant to

        20       adjournment.  The Journal of Monday, July 6,

        21       was read and approved.  On motion, Senate

        22       adjourned.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Without objection, the Journal stands approved



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         1       as read.

         2                  Presentation of petitions.

         3                  Messages from the Assembly.

         4                  Messages from the Governor.

         5                  Reports of standing committees.

         6                  Reports of select committees.

         7                  Communications and reports from

         8       state officers.

         9                  Senator Smith.

        10                  SENATOR SMITH:    Yes, Madam

        11       President.  I would ask at this moment that we

        12       could just have the Senate stand at ease and

        13       we will return shortly.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The Senate will stand at ease.

        16                  (Whereupon, the Senate stood at

        17       ease at 3:32 p.m.)

        18                  (Whereupon, the Senate reconvened

        19       at 9:25 p.m.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Smith.

        22                  SENATOR SMITH:    Yes, Madam

        23       President.  There will be an immediate meeting

        24       of the Rules Committee in Room 332, and I ask



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         1       that the Senate stand at ease based on the

         2       conclusion of the Rules Committee.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       There will be an immediate meeting of the

         5       Rules Committee, Room 332, and the Senate will

         6       stand at ease.

         7                  (Whereupon, the Senate stood at

         8       ease at 9:26 p.m.)

         9                  (Whereupon, the Senate reconvened

        10       at 9:34 p.m.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Smith.

        13                  SENATOR SMITH:    Yes, Madam

        14       President.  Is there a report of the Rules

        15       Committee at the desk?

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       There is a report of the Rules Committee here

        18       at the desk.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Senator Smith,

        21       from the Committee on Rules, reports the

        22       following resolution:  By Senator Sampson,

        23       Senate Resolution Number 2790.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Senator Smith.

         2                  SENATOR SMITH:    Yes, Madam

         3       President.  I move that we accept the report

         4       of the Rules Committee.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       All those in favor of accepting the report of

         7       the Rules Committee please signify by saying

         8       aye.

         9                  (Response of "Aye.")

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Opposed, nay.

        12                  (Response of "Nay.")

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The report of the Rules Committee is accepted.

        15                  Senator Smith.

        16                  SENATOR SMITH:    Thank you, Madam

        17       President.

        18                  Can we please take up Senate

        19       Resolution Number 2790.  I ask that the title

        20       of the resolution be read and move for its

        21       immediate adoption.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Returning to the order of motions and

        24       resolutions, the Secretary will read.



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         1                  THE SECRETARY:    By Senator

         2       Sampson, Senate Resolution Number 2790,

         3       amending Rules 2 and 9 of the Senate Rules, in

         4       relation to the authority of the Temporary

         5       President to appoint a Majority Leader of the

         6       Senate.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Are there any Senators that wish to be heard

         9       on the resolution?

        10                  Hearing none, the question is on

        11       the resolution.  All those in favor of the

        12       resolution please signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Opposed, nay.

        16                  SENATOR SKELOS:    May we have a

        17       show of hands on the yeses and the nos,

        18       please.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       All those who are in favor of the resolution

        21       signify by a show of hands, raising your

        22       hands, please.

        23                  (Democratic members raised their

        24       hands.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The Secretary will announce the results.

         3                  THE SECRETARY:    In relation to

         4       Resolution Number 2790:  Ayes, 32.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The resolution is adopted.

         7                  Senator Smith.

         8                  SENATOR SMITH:    Yes, Madam

         9       President.  I now hand up the following

        10       leadership notice and I ask that it be filed

        11       in the Journal.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The notice will be filed in the Journal.

        14                  Senator Smith.

        15                  SENATOR SMITH:    Yes, Madam

        16       President.  This is a historical moment for

        17       our chamber.  It will be the first time that

        18       the chamber will once again make history

        19       within the same year.  Back in January, it

        20       made history with its first African-American

        21       Majority Leader.  Today we will be making

        22       history with the first Latino Majority Leader.

        23                  And I believe that this is a

        24       fitting day, a fitting moment for our entire



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         1       state.  As we go back to business and as we

         2       open up a new chapter in doing business this

         3       year, I think this is very appropriate that we

         4       do it with my good friend Senator Pedro

         5       Espada.

         6                  And could you please recognize our

         7       Majority Leader, Senator Pedro Espada.

         8                  (Applause.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Majority Leader Espada.

        11                  SENATOR ESPADA:    Thank you, Madam

        12       President.

        13                  And thank you for the opportunity,

        14       Senator Smith, to address this chamber as the

        15       Majority Leader.  It is a point of tremendous

        16       honor for me personally, but today I wish to

        17       focus in on the institution that includes all

        18       of us, 62 Senators.

        19                  On June 8th we took decisive action

        20       from this side of the aisle, Senator

        21       Monserrate and myself.  We voted for reforms,

        22       we voted for titles.  Today we still are

        23       focused on the reforms, and now the folks that

        24       have raised their hands today support myself



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         1       for the Majority Leader position but also

         2       support, more importantly, the changes that

         3       had other hands up on June 8th.

         4                  So together, the events of

         5       June 8th, the hands that went up on June 8th,

         6       and the hands that went up today have created

         7       a new environment, a new State Senate.  And

         8       the reforms that were spoken about for six

         9       months will in fact be enacted.  They.

        10                  Will include reform of how we do

        11       business here, how we treat one another with

        12       respect.  Legislatively, it will improve our

        13       powers to deliver upon the promises that we

        14       made to the constituents that we serve --

        15       19.5 million people have watched us at our

        16       worst; they will now get used to watching us

        17       perform at our very best.

        18                  Senator Smith, thank you very much.

        19                  Senator Monserrate, 62 Senators,

        20       thank you very much for the high privilege of

        21       engaging in this journey with me.  Thank you

        22       very much.

        23                  (Applause from Democratic members.)

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Thank you, Senator Espada.  Congratulations.

         2                  Senator Smith.

         3                  SENATOR SMITH:    Yes, Madam

         4       President.  I now ask that we move to the

         5       reading of our calendar.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The Secretary will read.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 212, Senator Aubertine moves

        10       to discharge, from the Committee on Rules,

        11       Assembly Bill Number 1939 and substitute it

        12       for the identical Senate Bill Number 246,

        13       Third Reading Calendar 212.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Substitution ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       212, by Member of the Assembly Townsend,

        19       Assembly Print Number 1939, an act in relation

        20       to authorizing.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       There is a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Announce the results.

         7                  THE SECRETARY:    Ayes, 62.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 215, Senator Farley moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 4554C and substitute it

        14       for the identical Senate Bill Number 1261B,

        15       Third Reading Calendar 215.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       215, by Member of the Assembly Amedore,

        20       Assembly Print Number 4554C, an act to

        21       authorize the City of Schenectady.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       There is a home-rule message at the desk.

        24                  Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 243, Senator Bonacic moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 5208A and substitute it

        15       for the identical Senate Bill Number 3183A,

        16       Third Reading Calendar 243.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Substitution ordered.

        19                  THE SECRETARY:    Calendar Number

        20       243, by Member of the Assembly Gunther,

        21       Assembly Print Number 5208A, an act to

        22       authorize the City of Middletown.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       There is a home-rule message here at the desk.



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         1                  Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 460, Senator Thompson moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 8374 and substitute it

        16       for the identical Senate Bill Number 5073,

        17       Third Reading Calendar 460.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       460, by Member of the Assembly Peoples,

        22       Assembly Print Number 8374, an act to amend

        23       the Public Authorities Law.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 476, Senator Farley moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 4587A and substitute it

        16       for the identical Senate Bill Number 693A,

        17       Third Reading Calendar 476.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       476, by Member of the Assembly Amedore,

        22       Assembly Print Number 4587A, an act to

        23       legalize, validate, ratify and confirm.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 484, Senator LaValle moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 4767 and substitute it

        16       for the identical Senate Bill Number 1796,

        17       Third Reading Calendar 484.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       484, by Member of the Assembly Alessi,

        22       Assembly Print Number 4767, an act in relation

        23       to legalizing, validating, ratifying and

        24       confirming.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 491, Senator Larkin moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 8581 and substitute it

        17       for the identical Senate Bill Number 2756,

        18       Third Reading Calendar 491.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       491, by Member of the Assembly Calhoun,

        23       Assembly Print Number 8581, an act to provide

        24       for the repayment.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 494, Senator Stachowski moves

        15       to discharge, from the Committee on Rules,

        16       Assembly Bill Number 7202A and substitute it

        17       for the identical Senate Bill Number 3650A,

        18       Third Reading Calendar 494.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       494, by Member of the Assembly Quinn, Assembly

        23       Print Number 7202A, an act to legalize,

        24       validate, ratify and confirm.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 499, Senator Aubertine moves

        15       to discharge, from the Committee on Finance,

        16       Assembly Print Number 6413 and substitute it

        17       for the identical Senate Bill Number 4250,

        18       Third Reading Calendar 499.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       499, by Member of the Assembly Russell,

        23       Assembly Print Number 6413, an act to amend

        24       the Executive Law.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 500, Senator Volker moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Print Number 8001A and substitute it

        17       for the identical Senate Bill Number 4739A,

        18       Third Reading Calendar 500.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       500, by Member of the Assembly Burling,

        23       Assembly Print Number 8001A, an act to amend

        24       the Executive Law.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 525, Senator Diaz moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Print Number 6053A and substitute it

        17       for the identical Senate Print Number 3163,

        18       Third Reading Calendar 525.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       525, by Member of the Assembly Arroyo,

        23       Assembly Print Number 6053A, an act to

        24       authorizing the City of New York.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       There is a home-rule message at the desk.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Announce the results.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 525:  Ayes, 61.  Nays, 1.

        13       Senator Golden recorded in the negative.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is passed.

        16                  Senator Smith.

        17                  SENATOR SMITH:    Thank you, Madam

        18       President.

        19                  I wish to call up the Assembly

        20       bills which are at the desk.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       We will return to the order of motions and

        23       resolutions.

        24                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       72, Assembly Print Number 4790;

         3                  191, Assembly Print Number 2805A;

         4                  196, Assembly Print 6993;

         5                  200, Assembly Print 7085;

         6                  216, Assembly Print 6565;

         7                  242, Assembly Print 6466;

         8                  244, Assembly Print 7531;

         9                  245, Assembly Print 7530;

        10                  315, Assembly Print 7007;

        11                  320, Assembly Print 7310;

        12                  321, Assembly Print 3988;

        13                  334, Assembly Print 7450;

        14                  341, Assembly Print 6394;

        15                  375, Assembly Print 8528;

        16                  405, Assembly Print 7009;

        17                  408, Assembly Print 7429;

        18                  409, Assembly Print 7455;

        19                  410, Assembly Print 7671;

        20                  414, Assembly Print 8034A;

        21                  415, Assembly Print 8145;

        22                  431, Assembly Print 2782;

        23                  434, Assembly Print 7673;

        24                  436, Assembly Print 8312;



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         1                  437, Assembly Print 7344;

         2                  442, Assembly Print 8302A;

         3                  464, Assembly Print 7745A;

         4                  465, Assembly Print 7336;

         5                  467, Assembly Print 8382;

         6                  488, Assembly Print 5364A;

         7                  492, Assembly Print 8570;

         8                  542, Assembly Print 5222A;

         9                  557, Assembly Print 8617;

        10                  587, Assembly Print 6891;

        11                  588, Assembly Print 4768A;

        12                  589, Assembly Print 227;

        13                  590, Assembly Print 289;

        14                  591, Assembly Print 6421A;

        15                  592, Assembly Print 6883;

        16                  593, Assembly Print 1753;

        17                  594, Assembly Print 8548B;

        18                  596, Assembly Print 7365;

        19                  597, Assembly Print 8477;

        20                  607, Assembly Print 8135;

        21                  628, Assembly Print 8611;

        22                  630, Assembly Print 6923A;

        23                  639, Assembly Print 7685;

        24                  647, Assembly Print 4233;



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         1                  648, Assembly Print 4234;

         2                  649, Assembly Print 4718;

         3                  650, Assembly Print 8708;

         4                  651, Assembly Print 6884;

         5                  652, Assembly Print 6894;

         6                  653, Assembly Print 6890;

         7                  654, Assembly Print 7230;

         8                  655, Assembly Print 7795;

         9                  656, Assembly Print 8454;

        10                  657, Assembly Print 8691;

        11                  658, Assembly Print 8529;

        12                  659, Assembly Print 6050;

        13                  660, Assembly Print 6924B;

        14                  661, Assembly Print 7460A;

        15                  662, Assembly Print 7462;

        16                  663, Assembly Print 7721;

        17                  664, Assembly Print 8315;

        18                  665, Assembly Print 8977;

        19                  666, Assembly Print 8209;

        20                  667, Assembly Print 8116;

        21                  668, Assembly Print 8115;

        22                  669, Assembly Print 8614;

        23                  670, Assembly Print 7606;

        24                  671, Assembly Print 8057A;



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         1                  672, Assembly Print 8710;

         2                  673, Assembly Print 8891;

         3                  674, Assembly Print 8615;

         4                  675, Assembly Print 8618;

         5                  676, Assembly Print 8616;

         6                  677, Assembly Print 8469;

         7                  678, Assembly Print 7227A;

         8                  679, Assembly Print 8422;

         9                  680, Assembly Print 8376;

        10                  681, Assembly Print 8327;

        11                  682, Assembly Print 8502;

        12                  683, Assembly Print 8514;

        13                  684, Assembly Print 8666;

        14                  685, Assembly Print 6825;

        15                  686, Assembly Print 8048;

        16                  687, Assembly Print 8347;

        17                  688, Assembly Print 8688;

        18                  689, Assembly Print 8629;

        19                  690, Assembly Print 8682;

        20                  691, Assembly Print 8459A;

        21                  692, Assembly Print 8564;

        22                  693, Assembly Print 8045A;

        23                  694, Assembly Print 8660;

        24                  695, Assembly Print 7143B;



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                                (518) 371-8910
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         1                  696, Assembly Print 8831;

         2                  697, Assembly Print 8936;

         3                  698, Assembly Print 8838;

         4                  699, Assembly Print 8889;

         5                  700, Assembly Print 8923B;

         6                  701, Assembly Print 8894;

         7                  702, Assembly Print 8796;

         8                  704, Assembly Print 8867;

         9                  705, Assembly Print 8933;

        10                  706, Assembly Print 8920;

        11                  707, Assembly Print 8868;

        12                  708, Assembly Print 7252;

        13                  709, Assembly Print 7350;

        14                  710, Assembly Print 8895;

        15                  711, Assembly Print 8391;

        16                  715, Assembly Print 7064;

        17                  716, Assembly Print 9036;

        18                  717, Assembly Print 9039;

        19                  718, Assembly Print 8737;

        20                  719, Assembly Print 6564A;

        21                  720, Assembly Print 8423;

        22                  721, Assembly Print 8713;

        23                  722, Assembly Print 8864;

        24                  723, Assembly Print 8893;



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                                (518) 371-8910
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         1                  724, Assembly Print 9037;

         2                  725, Assembly Print 8103A;

         3                  And Calendar Number 726, Assembly

         4       Print 8694.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The Assembly bills are before the house.

         7                  Senator Smith.

         8                  SENATOR SMITH:    Madam President,

         9       I now move to reconsider the vote by which the

        10       bills were passed and ask that the bills be

        11       restored to the order of third reading.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The Secretary will call the roll on

        14       reconsideration.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The bills are restored to their place on the

        19       Third Reading Calendar.

        20                  SENATOR SMITH:    Madam President,

        21       at this time can we please take up the reading

        22       of the supplemental calendar.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       72, by Member of the Assembly Weinstein,

         3       Assembly Print Number 4790, an act to amend

         4       Chapter --

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       191, by Member of the Assembly Kolb, Assembly

        10       Print Number 2805A, an act to amend the Tax

        11       Law.

        12                  SENATOR PERKINS:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    Calendar Number

        16       196, by Member of the Assembly Hawley,

        17       Assembly Print Number 6993, an act to amend

        18       the Tax Law.

        19                  ACTING PRESIDENT VALESKY:    There

        20       is a home-rule message at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       200, by Member of the Assembly Sayward,

         8       Assembly Print Number 7085, an act to amend

         9       Chapter 327 of the Laws of 2006.

        10                  ACTING PRESIDENT VALESKY:    There

        11       is a home-rule message at the desk.

        12                  Read the last section.

        13                  SENATOR KLEIN:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       216, by Member of the Assembly Zebrowski,

        18       Assembly Print Number 6565, an act to amend

        19       the Local Finance Law.

        20                  ACTING PRESIDENT VALESKY:    There

        21       is a home-rule message at the desk.

        22                  Read the last section.

        23                  THE SECRETARY:    Section --

        24                  SENATOR KLEIN:    Lay it aside.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       242, by Member of the Assembly Latimer --

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       244, by Member of the Assembly Pretlow --

        10                  SENATOR LIBOUS:    Lay it aside.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside.

        13                  THE SECRETARY:    Calendar Number

        14       245, by Member of the Assembly Pretlow,

        15       Assembly Print Number --

        16                  SENATOR LIBOUS:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       315, by --

        21                  SENATOR LIBOUS:    Lay it aside.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    Calendar Number



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         1       320, by Member of the Assembly --

         2                  SENATOR LIBOUS:    Lay it aside.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       321, by Member of the Assembly Crouch --

         7                  SENATOR LIBOUS:    Lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       334, by Member of the Assembly Wright --

        12                  SENATOR LIBOUS:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    Calendar Number

        16       341, by Member of the Assembly Magee, Assembly

        17       Print Number 6394 --

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       375, by Member of the Assembly Camara,

        23       Assembly Print Number 8528, an act to amend

        24       the Private Housing Finance Law.



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         1                  SENATOR LIBOUS:    Lay it aside.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       405, by Member of the Assembly Duprey,

         6       Assembly Print Number 7009, an act to amend

         7       the Tax Law.

         8                  SENATOR KLEIN:    Lay it aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       408, by Member of the Assembly Burling,

        13       Assembly Print Number 7429, an act to amend

        14       the Tax Law.

        15                  SENATOR KLEIN:    Lay it aside.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is laid aside.

        18                  THE SECRETARY:    Calendar Number

        19       409, by Member of the Assembly Bacalles,

        20       Assembly Print Number 74 --

        21                  SENATOR KLEIN:    Lay it aside.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    Calendar Number



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         1       410, by Member of the Assembly Barclay --

         2                  SENATOR LIBOUS:    Lay it aside.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       414, by Member of the Assembly Magnarelli --

         7                  SENATOR LIBOUS:    Lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       415, by Member of the Assembly Englebright,

        12       Assembly Print Number 8145 --

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       431, by Member of the Assembly Abbate,

        18       Assembly Print Number --

        19                  SENATOR LIBOUS:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       434, by Member of the Assembly Barclay,

        24       Assembly Print Number --



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         1                  SENATOR LIBOUS:    Lay it aside.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       436, by Member of the Assembly Tedisco,

         6       Assembly Print Number --

         7                  SENATOR KLEIN:    Lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       437, by Member of the Assembly Calhoun,

        12       Assembly Print Number --

        13                  SENATOR KLEIN:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       442, by Member of the Assembly Magee, Assembly

        18       Print Number 8302A --

        19                  SENATOR LIBOUS:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       464, by Member of the Assembly Gunther,

        24       Assembly Print Number --



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         1                  SENATOR KLEIN:    Lay it aside.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       465, by Member of the Assembly Sweeney,

         6       Assembly Print Number 7336 --

         7                  SENATOR LIBOUS:    Lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       467, by Member of the Assembly Castro,

        12       Assembly Print Number 83 --

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       488, by Member of the --

        18                  SENATOR KLEIN:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       492, by Member --

        23                  SENATOR LIBOUS:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       542, by Member of the Assembly McEneny --

         4                  SENATOR LIBOUS:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar Number

         8       557, by Member of the Assembly Farrell --

         9                  SENATOR LIBOUS:    Lay it aside.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       587, by Member --

        14                  SENATOR KLEIN:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside.

        17                  THE SECRETARY:    Calendar Number

        18       588, by Member of the Assembly Jordan,

        19       Assembly Print Number --

        20                  SENATOR KLEIN:    Lay it aside.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is laid aside.

        23                  THE SECRETARY:    Calendar Number

        24       589, by Member of the Assembly Latimer,



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         1       Assembly Print Number 227 --

         2                  SENATOR LIBOUS:    Lay it aside.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       590, by Member of the Assembly Latimer,

         7       Assembly Print Number 289 --

         8                  SENATOR LIBOUS:    Lay it aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       591, by Member of the Assembly --

        13                  SENATOR KLEIN:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       592, by Member of the Assembly --

        18                  SENATOR KLEIN:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       593, by Member of the Assembly Lifton --

        23                  SENATOR KLEIN:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       594, by Member of the Assembly Skartados,

         4       Assembly Print Number 8548B, an act to amend

         5       the Tax Law.

         6                  SENATOR KLEIN:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       596, by Member of the Assembly Oaks, Assembly

        11       Print Number 7365, an --

        12                  SENATOR KLEIN:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    Calendar Number

        16       597, by Member of the Assembly Scozzafava,

        17       Assembly Print Number 84 --

        18                  SENATOR KLEIN:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       607, by Member of the --

        23                  SENATOR LIBOUS:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       628, by Member of the Assembly Morelle,

         4       Assembly Print --

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT VALESKY:    Lay

         7       the bill is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       630, by Member of the Assembly Towns, Assembly

        10       Print --

        11                  SENATOR LIBOUS:    Lay it aside.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       639, by Member of the Assembly Hooper,

        16       Assembly Print Number 7685, an act to amend

        17       the Local Finance Law.

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       647, by Member of the --

        23                  SENATOR KLEIN:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       648, by Member of the Assembly Giglio --

         4                  SENATOR KLEIN:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar Number

         8       649, by Member of the Assembly P. Lopez --

         9                  SENATOR KLEIN:    Lay it aside.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       650, by Member of the Assembly --

        14                  SENATOR KLEIN:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside.

        17                  THE SECRETARY:    Calendar Number

        18       651, by Member of the Assembly --

        19                  SENATOR KLEIN:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       652, by Member of the Assembly Molinaro,

        24       Assembly Print Number --



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         1                  SENATOR KLEIN:    Lay it aside.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       653, by Member of the Assembly P. Lopez --

         6                  SENATOR KLEIN:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       654, by Member of the Assembly --

        11                  SENATOR KLEIN:    Lay it aside.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       655, by Member of the Assembly DelMonte --

        16                  SENATOR KLEIN:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       656, by Member of the Assembly Galef --

        21                  SENATOR LIBOUS:    Lay it aside.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    Calendar Number



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         1       657, by Member of the Assembly V. Lopez --

         2                  SENATOR LIBOUS:    Lay it aside.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       658, by Member of the Assembly V. Lopez,

         7       Assembly Print Number 85 --

         8                  SENATOR LIBOUS:    Lay it aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       659, by --

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       660, by Member of --

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       661, by Member of the Assembly Jaffee,

        23       Assembly Print --

        24                  SENATOR KLEIN:    Lay it aside.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       662, by Member of the Assembly Giglio,

         5       Assembly Print Number 74 --

         6                  SENATOR KLEIN:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       663, by Member of the Assembly Giglio --

        11                  SENATOR KLEIN:    Lay it aside.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       664, by Member of the Assembly Galef --

        16                  SENATOR LIBOUS:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       665, by Member of the Assembly Weinstein,

        21       Assembly Print Number 8977 --

        22                  SENATOR LIBOUS:    Lay it aside.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside.



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         1                  THE SECRETARY:    Calendar Number

         2       666, by --

         3                  SENATOR KLEIN:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       667, by Member of the Assembly --

         8                  SENATOR KLEIN:    Lay it aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       668, by Member of the --

        13                  SENATOR KLEIN:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       669, by Member of the Assembly Farrell --

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       670, by Member of the Assembly Schimel,

        23       Assembly Print Number 7606, an act to amend

        24       Chapter --



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         1                  SENATOR LIBOUS:    Lay it aside.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       671, by Member of the Assembly --

         6                  SENATOR KLEIN:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       672, by Member of the Assembly --

        11                  SENATOR LIBOUS:    Lay it aside.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       673, by --

        16                  SENATOR LIBOUS:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       674, by Member of the Assembly Farrell,

        21       Assembly --

        22                  SENATOR LIBOUS:    Lay it aside.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside.



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         1                  THE SECRETARY:    Calendar Number

         2       675, by Member of the Assembly Farrell --

         3                  SENATOR LIBOUS:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       676, by Member of the --

         8                  SENATOR LIBOUS:    Again, lay the

         9       bill aside.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       677, by --

        14                  SENATOR KLEIN:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside.

        17                  THE SECRETARY:    Calendar Number

        18       678, by Member of the Assembly Sweeney --

        19                  SENATOR LIBOUS:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       679 --

        24                  SENATOR LIBOUS:    Lay it aside.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       680, by Member of the Assembly Silver,

         5       Assembly Print Number --

         6                  SENATOR LIBOUS:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       681, by Member of the Assembly Bing, Assembly

        11       Print Number 8327, an act --

        12                  SENATOR LIBOUS:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    Calendar Number

        16       682, by --

        17                  SENATOR KLEIN:    Lay it aside.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    Calendar Number

        21       683, by Member of the Assembly Kolb --

        22                  SENATOR KLEIN:    Lay it aside.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside.



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         1                  THE SECRETARY:    Calendar Number

         2       684, by Member of the Assembly --

         3                  SENATOR KLEIN:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       685, by Member of the Assembly Wright --

         8                  SENATOR LIBOUS:    Lay it aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       686, by --

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       687, by Member of the Assembly --

        18                  SENATOR KLEIN:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       688, by Member of the Assembly Skartados,

        23       Assembly Print Number 8688, an act to amend

        24       the Tax Law.



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         1                  SENATOR KLEIN:    Lay it aside.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       689, by Member of the Assembly Sayward --

         6                  SENATOR KLEIN:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       690, by Member of the Assembly --

        11                  SENATOR KLEIN:    Lay it aside.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       691, by Member of the Assembly --

        16                  SENATOR KLEIN:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       692, by Member of the Assembly Nolan, Assembly

        21       Print Number 85 --

        22                  SENATOR LIBOUS:    Lay it aside.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside.



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         1                  THE SECRETARY:    Calendar Number

         2       693, by --

         3                  SENATOR KLEIN:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       694, by Member of the Assembly --

         8                  SENATOR LIBOUS:    Lay it aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       695, by Member of the Assembly --

        13                  SENATOR KLEIN:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       696, by Member of the Assembly --

        18                  SENATOR KLEIN:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       697, by Member of the Assembly --

        23                  SENATOR KLEIN:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       698, by Member of the Assembly Barron,

         4       Assembly Print Number --

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       699, by Member of the Assembly Silver,

        10       Assembly Print Number 8889, an act to amend

        11       the --

        12                  SENATOR LIBOUS:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    Calendar Number

        16       700, by Member of the Assembly --

        17                  SENATOR KLEIN:    Lay it aside.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    Calendar Number

        21       701 --

        22                  SENATOR LIBOUS:    Lay it aside.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside.



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         1                  THE SECRETARY:    Calendar Number

         2       702 --

         3                  SENATOR LIBOUS:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       704, by Member --

         8                  SENATOR LIBOUS:    Lay it aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       705 --

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       706 --

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       707 --

        23                  SENATOR KLEIN:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       708 --

         4                  SENATOR KLEIN:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar Number

         8       709 --

         9                  SENATOR KLEIN:    Lay it aside.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       710 --

        14                  SENATOR LIBOUS:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside.

        17                  THE SECRETARY:    Calendar Number

        18       711 --

        19                  SENATOR LIBOUS:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       715 --

        24                  SENATOR LIBOUS:    Lay it aside.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       716, by Member of the Assembly Gottfried --

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       717, by Member of the Assembly Cahill,

        10       Assembly Print Number 9039, an act to amend

        11       the Economic Development Law.

        12                  SENATOR YOUNG:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    Calendar Number

        16       718, by Member of the Assembly Espaillat,

        17       Assembly Print Number 8737, an act --

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       719, by Member of the Assembly Zebrowski --

        23                  SENATOR KLEIN:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       720, by Member of the Assembly Destito --

         4                  SENATOR LIBOUS:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar number

         8       721, by Member of the Assembly --

         9                  SENATOR LIBOUS:    Lay it aside.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       722, by Member of the Assembly Canestrari --

        14                  SENATOR LIBOUS:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside.

        17                  THE SECRETARY:    Calendar Number

        18       723 --

        19                  SENATOR LIBOUS:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       724 --

        24                  SENATOR LIBOUS:    Lay it aside.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       725 --

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       726 --

        10                  SENATOR LIBOUS:    Lay it aside.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside.

        13                  Senator Klein, that completes the

        14       noncontroversial reading of Senate

        15       Supplemental Calendar 59A.

        16                  SENATOR KLEIN:    Mr. President,

        17       can we stand at ease.

        18                  ACTING PRESIDENT VALESKY:    The

        19       Senate will stand at ease.

        20                  (Whereupon, the Senate stood at

        21       ease at 10:08 p.m.)

        22                  SENATOR SKELOS:    Immediate

        23       conference of the Republicans in our

        24       conference room.



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         1                  (The Senate continued to stand at

         2       ease.)

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Smith.

         5                  SENATOR SMITH:    Yes,

         6       Mr. President.  Could you please ring the bell

         7       get members into the chamber so that we can

         8       continue with the controversial calendar.

         9                  ACTING PRESIDENT VALESKY:    The

        10       Secretary will ring the bells.

        11                  (The Senate continued to stand at

        12       ease.)

        13                  (Whereupon, the Senate reconvened

        14       at 11:46 p.m.)

        15                  ACTING PRESIDENT VALESKY:    The

        16       Senate will come back to order.

        17                  Senator Smith.

        18                  SENATOR SMITH:    Yes,

        19       Mr. President.  After consultation with

        20       Senator Libous and a few of my colleagues --

        21       Senator Sampson, Senator Maziarz, as well as

        22       Senator Jeff Klein -- we ask for unanimous

        23       consent to restore all bills that were

        24       previously laid aside to today's



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         1       noncontroversial calendar and move to take up

         2       the noncontroversial calendar at this time.

         3                  ACTING PRESIDENT VALESKY:

         4       Pursuant to a request under unanimous consent,

         5       the bills on Senate Supplemental Calendar

         6       Number 59A are restored to the

         7       noncontroversial reading.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       72, by Member of the Assembly Weinstein,

        11       Assembly Print Number 4790, an act to amend

        12       Chapter 455 of the Laws of 1997.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       191, by Member of the Assembly Kolb, Assembly



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         1       Print Number 2805A, an act to amend the Tax

         2       Law.

         3                  ACTING PRESIDENT VALESKY:    There

         4       is a home-rule message at the desk.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       200, by Member of the Assembly Sayward,

        16       Assembly Print Number 7085, an act to amend

        17       Chapter 327 of the Laws of 2006.

        18                  ACTING PRESIDENT VALESKY:    There

        19       is a home-rule message at the desk.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       216, by Member of the Assembly Zebrowski,

         7       Assembly Print Number 6565, an act to amend

         8       the Local Finance Law.

         9                  ACTING PRESIDENT VALESKY:    There

        10       is a home-rule message at the desk.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       242, by Member of the Assembly Latimer,

        22       Assembly Print Number 6466, an act to amend

        23       Chapter 272 of the Laws of 1991.

        24                  ACTING PRESIDENT VALESKY:    There



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         1       is a home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       244, by Member of the Assembly Pretlow,

        13       Assembly Print Number 7531, an act to amend

        14       the Tax Law.

        15                  ACTING PRESIDENT VALESKY:    There

        16       is a home-rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       245, by Member of the Assembly Pretlow,

         4       Assembly Print Number 7530, an act to amend

         5       the Tax Law and Chapter 535 of the Laws of

         6       1987.

         7                  ACTING PRESIDENT VALESKY:    There

         8       is a home-rule message at the desk.

         9                  Read the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       315, by Member of the Assembly Canestrari,

        20       Assembly Print Number 7007, an act to amend

        21       the Tax Law.

        22                  ACTING PRESIDENT VALESKY:    There

        23       is a home-rule message at the desk.

        24                  Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       320, by Member of the Assembly Finch, Assembly

        11       Print Number 7310, an act to amend the Tax

        12       Law.

        13                  ACTING PRESIDENT VALESKY:    There

        14       is a home-rule message at the desk.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number



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         1       321, by Member of the Assembly Crouch,

         2       Assembly Print Number 3988, an act to amend

         3       the Tax Law.

         4                  ACTING PRESIDENT VALESKY:    There

         5       is a home-rule message at the desk.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       334, by Member of the Assembly Wright,

        17       Assembly Print Number 7450, an act to amend

        18       Chapter 436 of the Laws of 1997.

        19                  ACTING PRESIDENT VALESKY:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       341, by Member of the Assembly Magee, Assembly

         7       Print Number 6394, an act to amend Chapter 80

         8       of the Laws of 2000.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT VALESKY:

        17       Senator DeFrancisco, to explain his vote.

        18                  SENATOR DeFRANCISCO:    Yes, I'm

        19       voting no.  I've voted no on a bill similar to

        20       this for many, many years.

        21                  There's so many students in our

        22       state that would love to go to veterinary

        23       school and would be wonderful veterinarians.

        24       But year after year, I plead for the state to



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         1       provide more education and more institutions

         2       or expand on the institutions that exist so

         3       that we could have our citizens actually

         4       participate and become veterinarians.

         5                  Instead, each year we end up just

         6       extending a law that allows for noncitizens to

         7       provide these services, and it's simply wrong.

         8       So I vote no.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator DeFrancisco to be recorded in the

        11       negative.

        12                  Senator LaValle, to explain his

        13       vote.

        14                  SENATOR LaVALLE:    Thank you,

        15       Mr. President.

        16                  A few years ago Senator Little had

        17       a bill very similar to this.  Senator Little's

        18       bill had a sunset provision in that

        19       legislation that became law.  It allowed us to

        20       take a look at how certain parts of the state

        21       had needs for veterinarians, but we didn't

        22       collapse and abolish citizenship regulations.

        23                  This bill puts out, for

        24       veterinarians as a profession, makes them



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         1       different than many other professions that

         2       still have citizenship requirements.  So this

         3       bill really should have a sunset provision for

         4       the reasons that Senator DeFrancisco

         5       articulated, because we need to fill this

         6       void -- if there is one in certain parts of

         7       the state -- with our own students, with our

         8       own citizens.

         9                  I vote no.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator LaValle to be recorded in the

        12       negative.

        13                  Senator Stavisky, to explain her

        14       vote.

        15                  SENATOR STAVISKY:    Yes,

        16       Mr. President.  I vote yes because of the

        17       serious shortage of veterinarians in upstate

        18       New York.  Particularly significant because of

        19       its proximity to the Canadian border, it makes

        20       it a lot easier to attract veterinarians.

        21                  It's interesting that other parts

        22       of the state are also experiencing shortages.

        23       For example, in the Buffalo-Niagara Frontier

        24       area, there are only two students at the



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         1       College of Veterinarian Medicine at Cornell

         2       from this area, only two students.

         3                  So to overcome these problems --

         4       and there are similar shortages, incidentally,

         5       of students in the Capital District, in the

         6       Rochester area, and in the Hudson Valley.  So

         7       that I think this will perhaps help somewhat

         8       to alleviate the shortage of veterinarians,

         9       and I vote aye.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Stavisky to be recorded in the

        12       affirmative.

        13                  The Secretary will announce the

        14       results.

        15                  THE SECRETARY:    Those recorded in

        16       the negative on Calendar Number 341 are

        17       Senators Bonacic, DeFrancisco, Flanagan,

        18       Fuschillo, Golden, Hannon, Lanza, Larkin,

        19       LaValle, Marcellino, McDonald, Nozzolio,

        20       Padavan, Ranzenhofer, Robach, Saland, Skelos,

        21       Volker, Winner and Young.  Also Senator Owen

        22       Johnson.  Also Senator Leibell.

        23                  Ayes, 40.  Nays, 22.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       375, by Member of the Assembly Camara,

         4       Assembly Print Number 8528, an act to amend

         5       the Private Housing Finance Law.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 62.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       405, by Member of the Assembly Duprey,

        18       Assembly Print Number 7009, an act to amend

        19       the Tax Law.

        20                  ACTING PRESIDENT VALESKY:    There

        21       is a home-rule message at the desk.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       408, by Member of the Assembly Burling,

         9       Assembly Print Number 7429, an act to amend

        10       the Tax Law.

        11                  ACTING PRESIDENT VALESKY:    There

        12       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 VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       409, by Member of the Assembly Bacalles,

        24       Assembly Print Number 7455, an act to amend



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         1       the Tax Law.

         2                  ACTING PRESIDENT VALESKY:    There

         3       is a home-rule message at the desk.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       410, by Member of the Assembly Barclay,

        15       Assembly Print Number 7671, an act to amend

        16       the Tax Law.

        17                  ACTING PRESIDENT VALESKY:    There

        18       is a home-rule message at the desk.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       414, by Member of the Assembly Magnarelli,

         6       Assembly Print Number 8034A, an act to amend

         7       the Tax Law.

         8                  ACTING PRESIDENT VALESKY:    There

         9       is a home-rule message at the desk.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       415, by Member of the Assembly Englebright,

        21       Assembly Print Number 8145, an act to amend

        22       the Tax Law.

        23                  SENATOR LaVALLE:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       431, by Member of the Assembly Abbate,

         4       Assembly Print Number 2782, an act to amend

         5       Chapter 929 of the Laws of 1986.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  SENATOR LIBOUS:    Lay it aside.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside.

        13                  THE SECRETARY:    Calendar Number

        14       434, by Member of the Assembly Barclay,

        15       Assembly Print Number 7673, an act to amend

        16       the Tax Law.

        17                  ACTING PRESIDENT VALESKY:    There

        18       is a home-rule message at the desk.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       436, by Member of the Assembly Tedisco,

         6       Assembly Print Number 8312, an act to amend

         7       the Tax Law.

         8                  ACTING PRESIDENT VALESKY:    There

         9       is a home-rule message at the desk.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       437, by Member of the Assembly Calhoun,

        21       Assembly Print Number 7344, an act to amend

        22       the Tax Law.

        23                  ACTING PRESIDENT VALESKY:    There

        24       is a home-rule message at the desk.



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         1                  Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 62.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       442, by Member of the Assembly Magee, Assembly

        12       Print Number 8302A, an act to amend

        13       Chapter 412 of the Laws of 2008.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number



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         1       464, by Member of the Assembly Gunther,

         2       Assembly Print Number 7745A, an act to amend

         3       Chapter 270 of the Laws of 2008.

         4                  ACTING PRESIDENT VALESKY:    There

         5       is a home-rule message at the desk.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       465, by Member of the Assembly Sweeney,

        17       Assembly Print Number 7336, an act to amend

        18       the County Law.

        19                  ACTING PRESIDENT VALESKY:    There

        20       is a home-rule message at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 465 are

         5       Senators Flanagan, Fuschillo, Golden, Lanza,

         6       LaValle, Marcellino, Padavan and Ranzenhofer.

         7       Also Senator O. Johnson.

         8                  Ayes, 53.  Nays, 9.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       467, by Member of the Assembly Castro,

        13       Assembly Print Number 8382, an act to amend

        14       Chapter 223 of the Laws of 1996.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 62.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       488, by Member of the Assembly Jordan,

         3       Assembly Print Number 5364A, an act to

         4       authorize approval.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       492, by Member of the Assembly --

        17                  SENATOR SKELOS:    Lay it aside.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    Calendar Number

        21       542, by Member of the Assembly McEneny,

        22       Assembly Print Number 5222A, an act to amend

        23       Chapter 693 of the Laws of 1980.

        24                  ACTING PRESIDENT VALESKY:    There



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         1       is a home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect upon the adoption by the

         5       County of Albany of a local law.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.  Nays,

        10       1.  Senator Golden recorded in the negative.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       557, by Member of the Assembly Farrell,

        15       Assembly Print Number 8617, an act to amend

        16       the New York State Financial Emergency Act.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 62.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       587, by Member of the Assembly P. Lopez,

         5       Assembly Print Number 6891, an act to amend

         6       the Tax Law.

         7                  ACTING PRESIDENT VALESKY:    There

         8       is a home-rule message at the desk.

         9                  Read the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       588, by Member of the Assembly Jordan,

        20       Assembly Print Number 4768A, an act to amend

        21       the Tax Law.

        22                  ACTING PRESIDENT VALESKY:    There

        23       is a home-rule message at the desk.

        24                  Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       589, by Member of the Assembly Latimer,

        11       Assembly Print Number 227, an act to amend the

        12       Tax Law.

        13                  ACTING PRESIDENT VALESKY:    There

        14       is a home-rule message at the desk.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 61.  Nays,

        22       1.  Senator Golden recorded in the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



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         1                  Senator Smith.

         2                  SENATOR SMITH:    Yes,

         3       Mr. President.  I would like to note that the

         4       record should reflect that the clock has

         5       struck midnight.  And I move, pursuant to Rule

         6       5, that the Senate remains in session so that

         7       we may complete our work.

         8                  Mr. President, though, prior to us

         9       completing our work, I would like to read a

        10       statement that Senator John Sampson, Senator

        11       Pedro Espada, Senator Dean Skelos, Senator

        12       Jeff Klein and myself have put out in the

        13       spirit of what we're looking to do with regard

        14       to reforming the State Senate.  And it reads

        15       as follows:

        16                  "We, as leaders of our respective

        17       conferences, have agreed on a framework for

        18       historic rules reform that will help us move

        19       forward to improve the operation of the State

        20       Senate.  The reforms encompass many of the

        21       recommendations of the Senate Temporary

        22       Committee on Rules and Reform that was chaired

        23       by Senator Bonacic and chaired by Senator

        24       Valesky, as reported on April 21st, as well as



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         1       some of the reforms that were advanced on

         2       June 8th and we believe will create a more

         3       open and bipartisan member-driven body.

         4                  "These reforms are long overdue.

         5       They give each individual Senator the means of

         6       effectively representing their constituents

         7       and assure each Senator will be treated fairly

         8       with respect to the way they do their jobs to

         9       the best of their ability.

        10                  "We believe these rules will

        11       empower all 62 members of this body.  It will

        12       give greater opportunity to get bills moved

        13       out of committee and onto the floor for a

        14       vote," Senator Squadron.

        15                  "There will be greater public

        16       notification of bills on committee agendas,

        17       greater notice on the active list.  We will

        18       compete with C-SPAN by having our own network

        19       in which we will look to have ourselves

        20       televised beyond the immediate conditions.

        21                  "We also have agreed that the

        22       Senate administration will be fair and

        23       nonpartisan, including access to services such

        24       as printing, mailing, and providing equitable



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         1       allocation for staff.

         2                  "We hope the conference will use

         3       these reforms, and we hope that we'll be

         4       taking these up as soon as next week.  But

         5       more importantly, we believe by enacting these

         6       reforms we hope that the Senate will be a more

         7       effective body and will serve the people of

         8       the State of New York."

         9                  Mr. President, we think this is a

        10       time for more bipartisanship than this body

        11       has ever had.  We think we have a

        12       responsibility to not only the 19.5 million

        13       people -- as our conference leader, Senator

        14       John Sampson, so ably says so many times --

        15       but we believe this is an opportunity for us

        16       to restore the faith, trust and hope of the

        17       people of the State of New York in this body,

        18       which is one of and still is one of the most

        19       esteemed bodies in this country.  We will

        20       continue to perform our duty as we continue to

        21       move forward on this calendar.

        22                  So with that, Mr. President, I ask

        23       that we return to the noncontroversial

        24       calendar and continue to read.



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         1                  ACTING PRESIDENT VALESKY:

         2       Senator Skelos.

         3                  SENATOR SKELOS:    If I could

         4       follow up on the comments made by Senator

         5       Malcolm Smith.

         6                  I believe that sometimes the

         7       outside world and perhaps even the media

         8       wonders what happened in the past month.  We

         9       are on the verge, and I believe with the

        10       support of the Majority, of really reforming

        11       the way this Senate chamber operates in the

        12       future.

        13                  We've been involved in a month-long

        14       struggle, but I also believe that the end

        15       result, as committed to by Senator Malcolm

        16       Smith and Senator John Sampson, is that we

        17       will be enacting historic reforms to change

        18       the way the process works here and also open

        19       up to the sunlight, to all of our constituents

        20       and the media, to see exactly how the process

        21       works and how we function.

        22                  It's also going to empower the

        23       individual members.  I know that this is

        24       something that has been extremely important to



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         1       Senator Bonacic, who was a cochair of the

         2       committee, Senator Winner and Senator Griffo,

         3       and in fact every single member of our

         4       conference.

         5                  It's my hope that in the next

         6       several days, the reforms -- and I appreciate

         7       your reading that statement -- that we felt

         8       could have and should have been passed tonight

         9       will be enacted when we return next week.

        10                  I think it's also important to note

        11       that, as I've said in the past, perhaps the

        12       dramatic steps that were taken on June 8th is

        13       also an indication to the public not just that

        14       reforms are critically important, but the

        15       direction this state was going -- in

        16       overspending, overtaxing, payroll taxes,

        17       antibusiness, antijob, elimination of STAR

        18       rebate checks -- cannot continue in the

        19       future.

        20                  And that's our commitment to the

        21       public.  I think we've made that statement

        22       clear and strong.  And certainly I look

        23       forward to working with you, Senator Smith, to

        24       enact the reforms.



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         1                  And it's also my hope that the

         2       collegiality that we should have within the

         3       Senate, and the open and frank discussions and

         4       debates, will continue perhaps in a more

         5       toned-down way.

         6                  So again, I appreciate, Senator

         7       Smith, your reading that statement.  And

         8       certainly it's my desire, my hope, and I take

         9       you at your word and Senator Sampson at his

        10       word that these critical reforms which we

        11       started on June 8th will become part of the

        12       rules of the Senate next week when we

        13       reconvene.

        14                  ACTING PRESIDENT VALESKY:    Thank

        15       you, Senator Skelos.

        16                  There is a motion on the floor by

        17       Senator Smith to continue the work of this

        18       session day past the midnight hour.  All in

        19       favor of the motion signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT VALESKY:

        22       Opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT VALESKY:    The



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         1       motion carries, and the work of this Senate

         2       session will continue, commencing with

         3       Calendar Number 590.

         4                  THE SECRETARY:    Calendar Number

         5       590, by Member of the Assembly Latimer,

         6       Assembly Print Number 289, an act to amend the

         7       Tax Law.

         8                  ACTING PRESIDENT VALESKY:    There

         9       is a home-rule message at the desk.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 61.  Nays,

        17       1.  Senator Golden recorded in the negative.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       591, by Member of the Assembly Butler,

        22       Assembly Print Number 6421A, an act to amend

        23       the Tax Law.

        24                  ACTING PRESIDENT VALESKY:    There



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         1       is a home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       592, by Member of the Assembly Hawley,

        13       Assembly Print Number 6883, an act to amend

        14       Chapter 579 of the Laws of 2004.

        15                  ACTING PRESIDENT VALESKY:    There

        16       is a home-rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       593, by Member of the Assembly Lifton,

         4       Assembly Print Number 1753, an act to amend

         5       the Tax Law.

         6                  ACTING PRESIDENT VALESKY:    There

         7       is a home-rule message at the desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       594, by Member of the Assembly Skartados,

        19       Assembly Print Number 8548B, an act to amend

        20       the Tax Law.

        21                  ACTING PRESIDENT VALESKY:    There

        22       is a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 62.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       596, by Member of the Assembly Oaks, Assembly

        10       Print Number 7365, an act to amend the Tax

        11       Law.

        12                  ACTING PRESIDENT VALESKY:    There

        13       is a home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       597, by Member of the Assembly Scozzafava,



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         1       Assembly Print Number 8477, an act to amend

         2       the Tax Law.

         3                  ACTING PRESIDENT VALESKY:    There

         4       is a home-rule message at the desk.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       607, by Member of the Assembly Nolan, Assembly

        16       Print Number 8135, an act to amend Chapter 425

        17       of the Laws of 2002.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       628, by Member of the Assembly Morelle,

         6       Assembly Print Number 8611, an act to amend

         7       Chapter 748 of the Laws of 2008.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       630, by Member of the Assembly Towns, Assembly

        20       Print Number 6923A, an act to amend Chapter

        21       322 of the Laws of 2007.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 62.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       639, by Member of the Assembly Hooper,

        10       Assembly Print Number 7685, an act to amend

        11       the Local Finance Law.

        12                  ACTING PRESIDENT VALESKY:    There

        13       is a home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.  Nays,

        21       1.  Senator Ranzenhofer recorded in the

        22       negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       647, by Member of the Assembly Giglio,

         3       Assembly Print Number 4233, an act to amend

         4       the Tax Law.

         5                  ACTING PRESIDENT VALESKY:    There

         6       is a home-rule message at the desk.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 62.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       648, by Member of the Assembly Giglio,

        18       Assembly Print Number 4234, an act to amend

        19       the Tax Law.

        20                  ACTING PRESIDENT VALESKY:    There

        21       is a home-rule message at the desk.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       649, by Member of the Assembly P. Lopez,

         9       Assembly Print Number 4718, an act to amend

        10       the Tax Law.

        11                  ACTING PRESIDENT VALESKY:    There

        12       is a home-rule message at the desk.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the first of the

        16       month next succeeding.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       650, by Member of the Assembly Gordon,



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                                (518) 371-8910
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         1       Assembly Print Number 8708, an act to amend

         2       Chapter 556 of the Laws of 2007.

         3                  ACTING PRESIDENT VALESKY:    There

         4       is a home-rule message at the desk.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       651, by Member of the Assembly Hawley,

        16       Assembly Print Number 6884, an act to amend

        17       the Tax Law.

        18                  ACTING PRESIDENT VALESKY:    There

        19       is a home-rule message at the desk.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       652, by Member of the Assembly Molinaro,

         7       Assembly Print Number 6894, an act to amend

         8       the Tax Law.

         9                  ACTING PRESIDENT VALESKY:    There

        10       is a home-rule message at the desk.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       653, by Member of the Assembly P. Lopez,

        22       Assembly Print Number 6890, an act to amend

        23       the Tax Law.

        24                  ACTING PRESIDENT VALESKY:    There



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         1       is a home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       654, by Member of the Assembly Parment,

        13       Assembly Print Number 7230, an act to amend

        14       Chapter 405 of the Laws of 2007.

        15                  ACTING PRESIDENT VALESKY:    There

        16       is a home-rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       655, by Member of the Assembly DelMonte,

         4       Assembly Print Number 7795, an act to amend

         5       the Tax Law.

         6                  ACTING PRESIDENT VALESKY:    There

         7       is a home-rule message at the desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       656, by Member of the Assembly Galef, Assembly

        19       Print Number 8454, an act to amend the Public

        20       Authorities Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       657, by Member of the Assembly V. Lopez,

         9       Assembly Print Number 8691, an act to amend

        10       Chapter 555 of the Laws of 1989.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       658, by Member of the Assembly V. Lopez,

        23       Assembly Print Number 8529, an act to amend

        24       Chapter 915 of the Laws of 1982.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       659, by Member of the Assembly Schimminger,

        13       Assembly Print Number 6050, an act to amend

        14       Chapter 413 of the Laws of 2003.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 62.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       660, by Member of the Assembly Towns, Assembly

         3       Print Number 6924B, an act to amend the

         4       Banking Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       661, by Member of the Assembly Jaffee,

        17       Assembly Print Number 7460A, an act to amend

        18       the Public Authorities Law.

        19                  ACTING PRESIDENT VALESKY:    There

        20       is a home-rule message at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       662, by Member of the Assembly Giglio,

         8       Assembly Print Number 7462, an act to amend

         9       the Tax Law.

        10                  ACTING PRESIDENT VALESKY:    There

        11       is a home-rule message at the desk.

        12                  Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       663, by Member of the Assembly Giglio,

        23       Assembly Print Number 7721, an act to amend

        24       Chapter 331 of the Laws of 2007.



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         1                  ACTING PRESIDENT VALESKY:    There

         2       is a home-rule message at the desk.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       664, by Member of the Assembly Galef, Assembly

        14       Print Number 8315, an act to amend Chapter 674

        15       of the Laws of 1993.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       665, by Member of the Assembly Weinstein,

         4       Assembly Print Number 8977, an act to amend

         5       the Family Court Act and the Domestic

         6       Relations Law.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 13.  This

        10       act shall take effect on the 90th day.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       666, by Member of the Assembly Amedore,

        19       Assembly Print Number 8209, an act to amend

        20       the Tax Law.

        21                  ACTING PRESIDENT VALESKY:    There

        22       is a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 62.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       667, by Member of the Assembly Butler,

        10       Assembly Print Number 8116, an act to amend

        11       the Tax Law.

        12                  ACTING PRESIDENT VALESKY:    There

        13       is a home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       668, by Member of the Assembly Butler,



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         1       Assembly Print Number 8115, an act to amend

         2       Chapter 489 of the Laws of 2004.

         3                  ACTING PRESIDENT VALESKY:    There

         4       is a home-rule message at the desk.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       669, by Member of the Assembly Farrell,

        16       Assembly Print Number 8614, an act to amend

        17       the Public Authorities Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       670, by Member of the Assembly Schimel,

         6       Assembly Print Number 7606, an act to amend

         7       Chapter 602 of the Laws of 1993.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       671, by Member of the Assembly Zebrowski,

        20       Assembly Print Number 8057A, an act to amend

        21       the Tax Law.

        22                  ACTING PRESIDENT VALESKY:    There

        23       is a home-rule message at the desk.

        24                  Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       672, by Member of the Assembly Nolan, Assembly

        11       Print Number 8710, an act authorizing the

        12       Commissioner of Education.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.  Nays,

        21       1.  Senator Ranzenhofer recorded in the

        22       negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       673, by Member of the Assembly Schimminger,

         3       Assembly Print Number 8891, an act to amend

         4       Part L of Chapter 60 of the Laws of 2004.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       674, by Member of the Assembly Farrell,

        17       Assembly Print Number 8615, an act to amend

        18       the Administrative Code of the City of

        19       New York.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       675, by Member of the Assembly Farrell,

         8       Assembly Print Number 8618, an act to amend

         9       the Local Finance Law and Chapter 413 of the

        10       Laws of 1991.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       676, by Member of the Assembly Farrell,

        23       Assembly Print Number 8616, an act to amend

        24       the Local Finance Law.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       677, by Member of the Assembly Gantt, Assembly

        13       Print Number 8469, an act to amend the Tax

        14       Law.

        15                  ACTING PRESIDENT VALESKY:    There

        16       is a home-rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       678, by Member of the Assembly Sweeney,

         4       Assembly Print Number 7227A, an act to amend

         5       the Suffolk County Tax Act.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 62.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       679, by Member of the Assembly Destito,

        18       Assembly Print Number 8422, an act to amend

        19       the Tax Law.

        20                  ACTING PRESIDENT VALESKY:    There

        21       is a home-rule message at the desk.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       680, by Member of the Assembly Silver,

         9       Assembly Print Number 8376, an act to amend

        10       the Election Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       681, by Member of the Assembly Bing, Assembly

        23       Print Number 8327, an act to amend Chapter 292

        24       of the Laws of 2007.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       682, by Member of the Assembly Parment,

        13       Assembly Print Number 8502, an act to amend

        14       the Tax Law.

        15                  ACTING PRESIDENT VALESKY:    There

        16       is a home-rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       683, by Member of the Assembly Kolb, Assembly

         4       Print Number 8514, an act to amend the Tax

         5       Law.

         6                  ACTING PRESIDENT VALESKY:    There

         7       is a home-rule message at the desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       684, by Member of the Assembly Finch, Assembly

        19       Print Number 8666, an act to amend the Tax

        20       Law.

        21                  ACTING PRESIDENT VALESKY:    There

        22       is a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 62.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       685, by Member of the Assembly Wright,

        10       Assembly Print Number 6825, an act to amend

        11       Chapter 92 of the Laws of 2001.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       686, by Member of the Assembly V. Lopez,

        24       Assembly Print Number 8048, an act to amend



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         1       the Real Property Tax Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       687, by Member of the Assembly Gunther,

        14       Assembly Print Number 8347, an act to amend

        15       the Tax Law.

        16                  ACTING PRESIDENT VALESKY:    There

        17       is a home-rule message at the desk.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 62.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       688, by Member of the Assembly Skartados,

         5       Assembly Print Number 8688, an act to amend

         6       the Tax Law and Chapter 200 of the Laws of

         7       2002.

         8                  ACTING PRESIDENT VALESKY:    There

         9       is a home-rule message at the desk.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       689, by Member of the Assembly Sayward,

        21       Assembly Print Number 8629, an act to amend

        22       Chapter 326 of the Laws of 2006.

        23                  ACTING PRESIDENT VALESKY:    There

        24       is a home-rule message at the desk.



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         1                  Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 62.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       690, by Member of the Assembly Thiele,

        12       Assembly Print Number 8682, an act to amend

        13       Chapter 282 of the Laws of 2008.

        14                  ACTING PRESIDENT VALESKY:    There

        15       is a home-rule message at the desk.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 62.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       691, by Member of the Assembly Galef, Assembly

         3       Print Number 8459A, an act to amend the Tax

         4       Law.

         5                  ACTING PRESIDENT VALESKY:    There

         6       is a home-rule message at the desk.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 62.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       692, by Member of the Assembly Nolan, Assembly

        18       Print Number 8564, an act to amend the

        19       Education Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 10.  This

        23       act shall take effect July 1, 2009.

        24                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       693, by Member of the Assembly Gunther,

         8       Assembly Print Number 8045A, an act to amend

         9       Chapter 738 of the Laws of 2005.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       694, by Member of the Assembly Englebright,

        22       Assembly Print Number 8660, an act to amend

        23       Chapter 138 of the Laws of 1998.

        24                  ACTING PRESIDENT VALESKY:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 62.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       695, by Member of the Assembly Calhoun,

        12       Assembly Print Number 7143B, an act to amend

        13       the Tax Law.

        14                  ACTING PRESIDENT VALESKY:    There

        15       is a home-rule message at the desk.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 62.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       696, by Member of the Assembly P. Lopez,

         3       Assembly Print Number 8831, an act to amend

         4       Chapter 333 of the Laws of 2006.

         5                  ACTING PRESIDENT VALESKY:    There

         6       is a home-rule message at the desk.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 62.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       697, by Member of the Assembly Sayward,

        18       Assembly Print Number 8936, an act to amend

        19       the Tax Law.

        20                  ACTING PRESIDENT VALESKY:    There

        21       is a home-rule message at the desk.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       698, by Member of the Assembly Barron,

         9       Assembly Print Number 8838, an act to amend

        10       the Private Housing Finance Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       699, by Member of the Assembly Silver,

        23       Assembly Print Number 8889, an act to amend

        24       the Administrative Code of the City of



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         1       New York and the Tax Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       700, by Member of the Assembly Lifton,

        14       Assembly Print Number 8923B, an act to amend

        15       the County Law.

        16                  ACTING PRESIDENT VALESKY:    There

        17       is a home-rule message at the desk.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 62.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       701, by Member of the Assembly Nolan, Assembly

         5       Print Number 8894, an act to amend Chapter 352

         6       of the Laws of 2005.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 4.  This

        10       act shall take effect July 1, 2009.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       702, by Member of the Assembly V. Lopez,

        19       Assembly Print Number 8796, an act to amend

        20       the General Municipal Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 4.  This

        24       act shall take effect July 15, 2009.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       704, by Member of the Assembly Farrell,

         9       Assembly Print Number 8867, an act to amend

        10       the Administrative Code of the City of

        11       New York.

        12                  ACTING PRESIDENT VALESKY:    There

        13       is a home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       705, by Member of the Assembly Abbate,



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         1       Assembly Print Number 8933, an act to amend

         2       the Administrative Code of the City of

         3       New York.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section --

         7                  SENATOR LIBOUS:    Lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       706, by Member of the Assembly Hoyt, Assembly

        12       Print Number 8920 --

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       707, by Member of the Assembly Silver,

        18       Assembly Print Number 8868, an act to amend

        19       the General City Law and the Administrative

        20       Code of the City of New York.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       708, by Member of the Assembly Galef, Assembly

         9       Print Number 7252, an act to amend the Tax

        10       Law.

        11                  ACTING PRESIDENT VALESKY:    There

        12       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 VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       709, by Member of the Assembly Galef, Assembly

        24       Print Number 7350, an act to amend the Tax



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         1       Law.

         2                  ACTING PRESIDENT VALESKY:    There

         3       is a home-rule message at the desk.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       710, by Member of the Assembly Hyer-Spencer,

        15       Assembly Print Number 8895, an act to amend

        16       the Real Property Tax Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 62.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       711, by Member of the Assembly Eddington,

         5       Assembly Print Number 8391, an act to amend

         6       Chapter 57 of the Laws of 2005.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       715, by Member of the Assembly Fields --

        19                  SENATOR LaVALLE:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       716, by Member of the Assembly Gottfried,

        24       Assembly Print Number 9036, an act to amend



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         1       Chapter 266 of the Laws of --

         2                  SENATOR RANZENHOFER:    Lay it

         3       aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       717, by Member of the Assembly Cahill,

         8       Assembly Print Number 9039, an act to amend

         9       the Economic Development Law.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       718, by Member of the Assembly Espaillat,

        22       Assembly Print Number 8737, an act to amend

        23       the Executive Law.

        24                  ACTING PRESIDENT VALESKY:



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         1       Senator Ranzenhofer, why do you rise?

         2                  SENATOR RANZENHOFER:    I withdraw

         3       my request that 716 be laid aside.

         4                  ACTING PRESIDENT VALESKY:    You're

         5       withdrawing your lay-aside --

         6                  SENATOR RANZENHOFER:    Yeah, I

         7       withdraw my request to lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       Secretary will continue reading Calendar 718.

        10                  THE SECRETARY:    Calendar Number

        11       718, by Member of the Assembly Espaillat,

        12       Assembly Print Number 8737, an act to amend

        13       the Executive Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  The Secretary will return to



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         1       Calendar Number 716.

         2                  THE SECRETARY:    Calendar Number

         3       716, by Member of the Assembly Gottfried,

         4       Assembly Print Number 9036, an act to amend

         5       Chapter 266 of the Laws of 1986.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 62.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       719, by Member of the Assembly Zebrowski,

        18       Assembly Print Number 6564A, an act to amend

        19       the County Law.

        20                  ACTING PRESIDENT VALESKY:    There

        21       is a home-rule message at the desk.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 61.  Nays,

         5       1.  Senator Lanza recorded in the negative.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       720, by Member of the Assembly Destito,

        10       Assembly Print Number 8423, an act to amend

        11       Chapter 1 of the Laws of 2005.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       721, by Member of the Assembly Cymbrowitz,

        24       Assembly Print Number 8713, an act to amend



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         1       Chapter 122 of the Laws of 2000.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       722, by Member of the Assembly Canestrari,

        14       Assembly Print Number 8864, an act to amend

        15       the Education Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the same date and in

        20       the same manner as Section 1 of Part F of

        21       Chapter 57 of the Laws of 2009.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       723, by Member of the Assembly Nolan, Assembly

         6       Print Number 8893, an act to amend the

         7       Education Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect July 1, 2009.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       724, by Member of the Assembly Abbate,

        20       Assembly Print Number --

        21                  SENATOR WINNER:    Lay it aside.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    Calendar Number



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         1       725, by Member of the Assembly Pretlow,

         2       Assembly Print Number 8103A, an act providing

         3       for accelerated pavements.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       726, by Member of the Assembly Magnarelli,

        16       Assembly Print Number 8694, an act in relation

        17       to authorizing.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  Senator Smith, that completes the

         5       noncontroversial reading of Senate

         6       Supplemental Calendar 59A.

         7                  SENATOR SMITH:    Thank you,

         8       Mr. President.

         9                  I would ask at this time that we

        10       move to the reading of the controversial

        11       supplemental calendar.

        12                  ACTING PRESIDENT VALESKY:    The

        13       Secretary will ring the bells.

        14                  I ask all members to return to the

        15       chamber so that we may proceed with the

        16       controversial reading.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       415, by Member of the Assembly Englebright,

        20       Assembly Print Number 8145, an act to amend

        21       the Tax Law.

        22                  SENATOR LaVALLE:    Explanation.

        23                  ACTING PRESIDENT VALESKY:    An

        24       explanation of Calendar Number 415 has been



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         1       requested, Senator Foley.

         2                  SENATOR FOLEY:    Yes, thank you,

         3       Mr. President.

         4                  This was an initiative that has

         5       been requested by the County of Suffolk

         6       wherein on a bipartisan basis the county

         7       legislature, along with the county executive,

         8       have requested of this body, as they have of

         9       the Assembly, to extend and to increase the

        10       hotel/motel tax for Suffolk County from

        11       1 percent to 3 percent.  And even at

        12       3 percent, it would be among the lowest

        13       hotel/motel taxes anywhere in the State of

        14       New York, and certainly lower than many in the

        15       adjoining states.

        16                  When you read the body of the

        17       resolution, it speaks to how the additional

        18       funds will be utilized by the County of

        19       Suffolk.  They'll be used in such fashion as

        20       to improve the county parklands, they'll be

        21       used to help improve cultural events and

        22       cultural affairs in the county, and they'll

        23       also be used in order to promote tourism

        24       throughout Suffolk County as well.



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         1                  So it's for those basic reasons

         2       that the county government, both the county

         3       executive and the county legislature -- again,

         4       in a bipartisan basis -- have asked for this

         5       increase in the hotel/motel tax to reflect

         6       the, let's say, increase in interest among the

         7       policymakers to have both parklands as well as

         8       cultural events as well as having, let's say,

         9       a more effective promotion of the hotels and

        10       motels and cultural venues throughout the

        11       County of Suffolk.

        12                  ACTING PRESIDENT VALESKY:    Thank

        13       you, Senator Foley.

        14                  Senator LaValle.

        15                  SENATOR LaVALLE:    Yes, would

        16       Senator Foley yield to just a few questions?

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Foley, do you yield?

        19                  SENATOR FOLEY:    Yes.

        20                  ACTING PRESIDENT VALESKY:    The

        21       sponsor yields.

        22                  SENATOR LaVALLE:    I see in the

        23       bill that the tax was 3/4 of 1 percent; is

        24       that correct?



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         1                  SENATOR FOLEY:    Yes.  Again, let

         2       the record reflect that this is a resolution

         3       that has been sponsored by the Governor and

         4       that we have moved forward tonight.

         5                  Yes, the answer is correct,

         6       Senator, the increase is from 3/4 percent to

         7       3 percent.

         8                  SENATOR LaVALLE:    Okay.  In your

         9       original remarks you had said 1 percent.

        10                  SENATOR FOLEY:    Correct.  I stand

        11       corrected.

        12                  SENATOR LaVALLE:    You said the

        13       Governor has requested this?

        14                  SENATOR FOLEY:    This is a Rules

        15       bill that comes out of the Rules Committee.

        16       The Governor has stated his support for this

        17       particular resolution, yes.

        18                  SENATOR LaVALLE:    Okay.  So this

        19       money is going to come into county.

        20                  SENATOR FOLEY:    Correct.

        21                  SENATOR LaVALLE:    And what is the

        22       mechanism that will distribute these monies?

        23                  SENATOR FOLEY:    Again, let the

        24       record reflect that the 24 percent of the



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         1       increase will be distributed for tourism, 10

         2       to 15 percent for cultural affairs, 5 to

         3       10 percent for museums on county properties,

         4       8 percent to other museums in the county, and

         5       up to 2 percent for film production or film

         6       promotion, and 20 percent for parks.

         7                  SENATOR LaVALLE:    And this bill,

         8       should the Governor sign it, would sunset in

         9       what year?

        10                  SENATOR FOLEY:    2015.

        11                  SENATOR LaVALLE:    2015.  Thank

        12       you, Senator.

        13                  SENATOR FOLEY:    Okay, thank you.

        14                  SENATOR LaVALLE:    On the bill,

        15       Mr. President.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator LaValle, on the bill.

        18                  SENATOR LaVALLE:    One of the

        19       reasons why I'm going to oppose this bill is

        20       the mechanism, which is our county Convention

        21       Tourism Visitors Bureau, is probably one of

        22       the biggest disasters that has been created.

        23                  The website really, while it has

        24       been updated, is really not a very good



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         1       website.  Promises that were made to the east

         2       end of Long Island and to those individuals

         3       who run golf courses was never really abided

         4       or fulfilled.  We have, as many of you know,

         5       some of the finest golf venues.  When the

         6       director came in of our visitors bureau, we

         7       were going to be the Myrtle Beach of the east.

         8       We were going to be a county that people would

         9       really think we were the best.

        10                  Instead, we have, in the east end,

        11       some of the biggest venues with the wine

        12       trails, some of the greatest historic venues,

        13       and they really have not been promoted.

        14                  The east end, that I represent, has

        15       opposed such increases in the hotel/motel tax

        16       because we, in the distribution mechanism, do

        17       not get a fair share.  And so this legislation

        18       really in terms of -- is taking money -- I

        19       think it raises about 3 million, is an

        20       estimate -- is taking money and pouring it

        21       down the drain.

        22                  If we had a visitors bureau that

        23       was exemplary, I wouldn't be on this floor.  I

        24       might complain that the east end of Long



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         1       Island gets shortchanged.  But our venues,

         2       from the west end to the east end of

         3       Long Island, has not been promoted, has not

         4       been promoted the way it should.

         5                  So to have a piece of legislation

         6       that continues this tax until the year 2015 is

         7       I think irresponsible.  I don't believe that

         8       we have the kind of accountability

         9       mechanisms -- while we have improved, we are

        10       far from where we should be in this age of

        11       transparency and accountability.

        12                  So, Senator Foley, I'm going to

        13       oppose this legislation.

        14                  ACTING PRESIDENT VALESKY:    Thank

        15       you, Senator LaValle.

        16                  Are there any other Senators who

        17       wish to be heard?

        18                  Senator Foley.

        19                  SENATOR FOLEY:    Thank you,

        20       Mr. President.

        21                  Let me just sum up; I know the hour

        22       is late.  And having served in the county

        23       legislature for 12 years, and also on the

        24       Parks Committee, the points are well-taken



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         1       that were made by Senator LaValle as far as

         2       the past practices of the Visitors Convention

         3       Bureau on Long Island.

         4                  However, a number of improvements

         5       have been made over the years, to the point

         6       where, again, tonight I can speak with full

         7       confidence that the great majority of county

         8       legislators who will be overseeing this

         9       particular program, on a strong bipartisan

        10       basis, support this particular initiative.

        11       Because, yes, by raising this hotel/motel tax

        12       from 3/4 to 3 percent -- which, again, stays

        13       still among the lowest anywhere in the State

        14       of New York, and certainly much lower than

        15       adjoining states -- it will enable the County

        16       of Suffolk to promote a number of venues that

        17       up to this point, as Senator LaValle

        18       mentioned, have not been adequately or

        19       effectively promoted.

        20                  Part of the reason why it's been

        21       ineffective is the allocation of funding has

        22       not been there suitable enough in order to

        23       promote those particular venues.  This will

        24       enable them to do so.



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         1                  Additionally, we live in a time

         2       where fewer people are going abroad or going

         3       to other parts of the country to vacation.

         4       This will allocate additional money to improve

         5       our county parks.  And one thing that we have

         6       seen in Suffolk County, that we have residents

         7       from the greater metropolitan New York area

         8       who come out to Suffolk County for vacation;

         9       it's called staycation.  They may not go too

        10       far from home; they will come to Suffolk

        11       County.

        12                  We need to improve those parks so

        13       they can enjoy, let's say, the full measure of

        14       what Suffolk has to offer.  This particular

        15       resolution will enable the county to improve

        16       those parks and, in so doing, improve the park

        17       experience that many families come to our

        18       county to enjoy.

        19                  So those are some of the reasons

        20       why we have strong support for this resolution

        21       by both sides of the aisle in the county

        22       legislature in Suffolk County.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT VALESKY:    Thank



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         1       you, Senator Foley.

         2                  The debate is closed.

         3                  The Secretary will ring the bells.

         4                  The Secretary will read the last

         5       section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT VALESKY:

        12       Announce the results.

        13                  THE SECRETARY:    Those recorded in

        14       the negative on Calendar Number 415 are

        15       Senators Bonacic, DeFrancisco, Flanagan,

        16       Fuschillo, Golden, Griffo, Hannon, O. Johnson,

        17       Lanza, Larkin, LaValle, Leibell, Libous,

        18       Marcellino, Nozzolio, Padavan, Ranzenhofer,

        19       Robach, Saland, Skelos, Volker and Winner.

        20                  Ayes, 40.  Nays, 22.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       431, by Member of the Assembly Abbate,



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         1       Assembly Print Number 2782, an act to amend

         2       Chapter 929 of the Laws of 1986.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Hannon, to explain his vote.

        12                  SENATOR HANNON:    Thank you,

        13       Mr. President.

        14                  Obviously, this bill extends the

        15       binding arbitration provisions for the MTA.  I

        16       simply think, in light of the circumstances

        17       that's taken place with the MTA -- the tax,

        18       the strike, the special provisions of, if you

        19       read through the law that we're amending here,

        20       what's in the bill is just the effective

        21       dates -- that we're doing a disservice to

        22       people who are in the metropolitan

        23       transportation region by just merely extending

        24       this.



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         1                  I think this there needs to be some

         2       thought.  This is a statute that was passed

         3       originally over two decades ago.  I don't

         4       think it's worked well.  I think it needs a

         5       lot of study.

         6                  When we passed the MTA transit

         7       payroll tax earlier, we were supposed to have

         8       a reorganization study of the MTA.  I haven't

         9       seen that.

        10                  So I don't think this is an

        11       appropriate bill at the moment, and I'm voting

        12       against it.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Hannon to be recorded in the negative.

        15                  Senator Saland, to explain his

        16       vote.

        17                  SENATOR SALAND:    Thank you,

        18       Mr. President.

        19                  Mr. President, I endured in the

        20       past couple of months perhaps one of the most

        21       horrendous experiences that I have ever been

        22       forced to endure in all my years of public

        23       service, and that was the MTA package that

        24       savaged, absolutely savaged my county.  This



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         1       apparent icon of inefficiency, this bloated,

         2       excessively costly, abusive system in which my

         3       county happens to be a revenue hostage.

         4                  Nobody has done, other than lip

         5       service, anything to take these people to

         6       task.  There is absolutely nothing that should

         7       be done in any way, shape or form to assist

         8       them as they continue to squander money, abuse

         9       taxpayers, charge excessive amounts to those

        10       who use their service.

        11                  And in my particular case, there

        12       are so few people who use the service, and yet

        13       my county, for somewhere in the area of about

        14       6,000 commuters, now pays over $85 million for

        15       the wonderful distinction of being a revenue

        16       hostage.

        17                  I'll vote in the negative each and

        18       every time I have the opportunity to vote

        19       against the MTA.

        20                  Thank you.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Saland to be recorded in the negative.

        23                  Announce the results.

        24                  THE SECRETARY:    Those recorded in



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         1       the negative on Calendar Number 431 are

         2       Senators Bonacic, DeFrancisco, Flanagan,

         3       Fuschillo, Hannon, Lanza, Larkin, LaValle,

         4       Leibell, Libous, Little, Marcellino, McDonald,

         5       Morahan, Nozzolio, Ranzenhofer, Saland, Seward

         6       and Skelos.  Also Senator Farley.  Also

         7       Senator Griffo.  Also Senator Winner.  Also

         8       Senator O. Johnson.  Also Senator Maziarz.

         9                  Ayes, 38.  Nays, 24.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       492, by Member of the Assembly Hoyt, Assembly

        14       Print Number 8570, an act in relation to

        15       redistributing 2008 bond volume allocations.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 62.

        24                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       705, by Member of the Assembly Abbate,

         4       Assembly Print Number 8933, an act to amend

         5       the Administrative Code of the City of

         6       New York.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 5.  This

        10       act shall take effect July 1, 2009.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  SENATOR SALAND:    Mr. President,

        15       what was that calendar number?

        16                  ACTING PRESIDENT VALESKY:

        17       Calendar Number 705.

        18                  SENATOR SALAND:    Thank you.

        19                  ACTING PRESIDENT VALESKY:

        20       Results.

        21                  THE SECRETARY:    Ayes, 62.  Nays,

        22       0.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       706, by Member of the Assembly Hoyt, Assembly

         3       Print Number 8920, an act to amend Chapter 605

         4       of the Laws of 2000.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       715, by Member of the Assembly Fields,

        17       Assembly Print Number 7064, an act to amend

        18       the Vehicle and Traffic Law and the State

        19       Finance Law.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator LaValle.

        22                  SENATOR LaVALLE:    Yes,

        23       Mr. President, on the bill.  The hour is

        24       getting late.



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         1                  This bill indicates that monies

         2       received by such funds shall be expended

         3       pursuant to an appropriation.  What everyone

         4       should know is that members of the Long Island

         5       delegation have worked for many years to

         6       secure funding for the police to patrol the

         7       Long Island Expressway and the Sunrise

         8       Highway.

         9                  I was offering an amendment, but

        10       what my amendment was trying to do was to say

        11       that the money received by such fund shall be

        12       expended directly to the counties of Suffolk

        13       and Nassau to provide funding for the cost of

        14       staffing the patrol units for the Long Island

        15       Expressway and the Sunrise Highway in both

        16       Suffolk and Nassau, and also allow for those

        17       municipalities outside of the police district

        18       only in the County of Suffolk on a

        19       proportional basis to receive some monies to

        20       patrol the state highways.

        21                  I guess what I am talking about

        22       is -- and I think a lot of members in the

        23       Assembly voted against this bill because it's,

        24       again, some hope that the appropriation will



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         1       be there in the future.

         2                  So I am not going to support this

         3       bill, because I believe that the monies should

         4       go directly to both counties that this bill

         5       intends to help.  And I believe if the

         6       language in the bill said that, I would be

         7       supporting it, because it's a goal that we in

         8       both Nassau and Suffolk Counties have sought,

         9       to have proper patrolling of the highways.

        10                  So when the bill comes up for a

        11       vote, Mr. President, I am going to vote in the

        12       negative.

        13                  ACTING PRESIDENT VALESKY:    Thank

        14       you, Senator LaValle.

        15                  Senator Flanagan, on the bill.

        16                  SENATOR FLANAGAN:    Thank you,

        17       Mr. President.  Just a couple of observations

        18       following up on some of the things that

        19       Senator LaValle said.

        20                  Relative to this bill, I have

        21       couple of issues that I think are important

        22       and should be important to all of us.  Number

        23       one, there's no home-rule message from Nassau

        24       or Suffolk County.



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         1                  And I know there are those who will

         2       say, well, this is the type of bill you don't

         3       really need one.  But we get caught in this

         4       situation all the time where we have

         5       purportedly these requests coming from

         6       counties.  If they want it, they should be

         7       sending us a home-rule message saying they

         8       want it.

         9                  Because what they're going to do,

        10       ladies and gentlemen -- you all know this --

        11       this bill is going to pass, they're going to

        12       enact something locally, and then they're

        13       going to turn around and tell everybody, hey,

        14       the State of New York passed a law.  They're

        15       going to blame us.  They're going to blame us.

        16       That's number one.

        17                  Number two, Senator LaValle is

        18       absolutely right.  The provisions in this bill

        19       make no guarantee whatsoever in any way, shape

        20       or form that this money is actually going to

        21       go to the place that it's intended.  This

        22       money can be kept by the State of New York,

        23       it's a special fund set up by the Comptroller,

        24       the Governor can take this money right away.



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         1       So there's no guarantee that it's supposed to

         2       get to the place that it was originally

         3       intended to go.

         4                  On top of that, there's no sunset.

         5       There's no sunset in here.  It's a

         6       permanentizing something that is going to cost

         7       people more money.

         8                  And finally, I do believe we are

         9       getting to the point where we need to take a

        10       serious look at the taxes and fees more so

        11       than we are doing right now.

        12                  Do I think people who have traffic

        13       infractions should pay a fine?  Yes.  But

        14       we're getting to the point where to register

        15       your car, to pay insurance, to put gas in the

        16       car, everything is getting so frightfully

        17       expensive.  This is another $50 surcharge on

        18       top of the surcharges that we already have, on

        19       top of the fines that we originally imposed.

        20       We're getting to the point of saturation, and

        21       we're absolutely killing the taxpayers.

        22                  This bill is replete with problems

        23       independent of some of the things that Senator

        24       LaValle mentioned regarding the police.  It



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         1       should not be passed.

         2                  ACTING PRESIDENT VALESKY:    Thank

         3       you, Senator Flanagan.

         4                  Are there any other Senators who

         5       wish to be heard?

         6                  Senator Diaz.

         7                  SENATOR DIAZ:    Thank you,

         8       Mr. President.

         9                  Because I refuse to burden the

        10       people of the State of New York with taxes and

        11       taxes and taxes and taxes, I'm joining my

        12       colleagues over there in voting no on this

        13       bill.

        14                  ACTING PRESIDENT VALESKY:    Thank

        15       you, Senator Diaz.

        16                  The debate is closed.

        17                  The Secretary will read the last

        18       section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT VALESKY:



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         1       Senator Smith.

         2                  SENATOR SMITH:    Yes,

         3       Mr. President, will you withdraw the roll call

         4       and lay this bill aside for the day.

         5                  ACTING PRESIDENT VALESKY:    The

         6       roll call is withdrawn, and the bill is laid

         7       aside for the day.

         8                  The Secretary will continue to

         9       read.

        10                  THE SECRETARY:    Calendar Number

        11       724, by Member of the Assembly Abbate,

        12       Assembly Print Number 9037, an act to amend

        13       the Retirement and Social Security Law.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Winner.

        16                  SENATOR WINNER:    Senator Valesky,

        17       Mr. President, this legislation is really a

        18       very, very large piece of legislation that has

        19       a very, very big impact on the pension fund of

        20       the State of New York.

        21                  As you know, most of you know, the

        22       pension fund in the last fiscal year has lost

        23       $44 billion in its value, over 26 percent of

        24       its overall value of the pension system.  And



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         1       therefore, some people could say that the

         2       performance of that fund has not been doing

         3       particularly well.

         4                  This bill is also at the request of

         5       the Comptroller.  And while it is seemingly

         6       intended to try to minimize the impact that

         7       localities may have on burgeoning pension

         8       contributions as a result of losses in the

         9       possession fund, it will further exacerbate

        10       additional losses to the fund due to the fact

        11       that the underlying assumptions as to how

        12       its -- the rate of payback for the loans that

        13       are basically in the billions of dollars that

        14       are being authorized now from the pension fund

        15       will now get rates of return to pay back those

        16       funds that are less than the assumptions of

        17       the amount of return that the pension fund was

        18       supposed to get in order to remain actuarially

        19       sound.

        20                  This is an extraordinarily reckless

        21       proposal.  And to advance it at 1 o'clock in

        22       the morning, when it is going to authorize the

        23       largest borrowing in the history of the State

        24       of New York as against the pension system, in



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         1       my judgment is something that we should not be

         2       going into very, very quickly in this hour

         3       without a great deal of additional study and

         4       work.

         5                  I am fearful that this bill is

         6       reckless, it will cost the pension system even

         7       more money, it will cost municipalities more

         8       money in the end because it will further erode

         9       the value of that fund, which then they have

        10       to make up in the end.

        11                  So while it sounds like a nice

        12       little rollover of contributions in

        13       amortizing -- oh, it's got nice little terms

        14       and phrases in it -- the underlying

        15       assumptions and the amount of money that will

        16       be paid in the form of interest will be less

        17       than the amount of money that the pension fund

        18       was presumed to be able to earn in any

        19       particular time.

        20                  Mr. President, I urge that this

        21       bill be either withdrawn, laid aside, or

        22       certainly defeated at this time, because I

        23       don't think that we should be going into it in

        24       this fashion without a lot further



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         1       understanding.  And there is no urgency to do

         2       it at this time.

         3                  ACTING PRESIDENT VALESKY:    Thank

         4       you, Senator Winner.

         5                  Are there any other Senators who

         6       wish to be heard?

         7                  Seeing none, the debate is closed.

         8                  The Secretary will read the last

         9       section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT VALESKY:

        16       Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 724 are

        19       Senators Alesi, Bonacic, DeFrancisco, Diaz,

        20       Farley, Flanagan, Fuschillo, Golden, Griffo,

        21       Hannon, Huntley, O. Johnson, Klein, C. Kruger,

        22       Lanza, Larkin, LaValle, Leibell, Libous,

        23       Little, Marcellino, Maziarz, McDonald,

        24       Morahan, Nozzolio, Padavan, Perkins,



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         1       Ranzenhofer, Robach, Saland, Seward, Skelos,

         2       Volker, Winner and Young.

         3                  Ayes, 27.  Nays, 35.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill fails.

         6                  Senator Smith, that completes the

         7       controversial reading of Senate Supplemental

         8       Calendar Number 59A.

         9                  SENATOR SMITH:    Now,

        10       Mr. President, I ask that we move to the

        11       reading of the supplemental active list.

        12                  ACTING PRESIDENT VALESKY:    The

        13       Secretary will proceed with the

        14       noncontroversial reading of the supplemental

        15       active list.

        16                  THE SECRETARY:    Calendar Number

        17       712, by Member of the Assembly Abbate,

        18       Assembly Print Number 8954, an act to amend

        19       the Civil Service Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       713, by Member of the Assembly Abbate,

         8       Assembly Print Number 8955, an act to amend

         9       the Civil Service Law and the State Finance

        10       Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       714, by Member of the Assembly Abbate,

        23       Assembly Print Number 8898, an act in relation

        24       to the implementation of terms.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  Senator Smith, that completes the

        12       noncontroversial reading of the supplemental

        13       active list.

        14                  SENATOR SMITH:    Thank you very

        15       much, Mr. President.

        16                  I would now move to reconsider the

        17       vote by which Assembly Bill 8866 was lost on

        18       June 30, 2009.  I further move that said bill

        19       be restored to the order of third reading.

        20                  ACTING PRESIDENT VALESKY:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       703, by Member of the Assembly Farrell,

        24       Assembly Print Number 8866, an act to amend



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         1       the Tax Law.

         2                  ACTING PRESIDENT VALESKY:    The

         3       Secretary will call the roll on

         4       reconsideration.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is restored to the Third Reading

         9       Calendar.

        10                  SENATOR SMITH:    Mr. President, I

        11       now move to table said bill, and I now move to

        12       take from the table the motion to reconsider

        13       the vote by which Assembly Bill Number 8866

        14       was lost on June 30, 2009.

        15                  ACTING PRESIDENT VALESKY:    The

        16       Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       703, by Member of the Assembly Farrell,

        19       Assembly Print Number 8866, an act to amend

        20       the Tax Law and the Administrative Code of the

        21       City of New York.

        22                  ACTING PRESIDENT VALESKY:    The

        23       Secretary will call the roll on

        24       reconsideration.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Smith.

         5                  SENATOR SMITH:    Mr. President, I

         6       further move that said bill be restored to the

         7       order of third reading.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is restored to the Third Reading

        10       Calendar.

        11                  SENATOR SMITH:    Now,

        12       Mr. President, I move that we take up this

        13       bill.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is before the house.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       703, by Member of the Assembly Farrell,

        19       Assembly Print Number 8866, an act to amend

        20       the Tax Law.

        21                  SENATOR DIAZ:    Lay it aside.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  Senator Smith.



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         1                  SENATOR SMITH:    Yes,

         2       Mr. President, I now ask that we will take up

         3       the controversial Bill 703.

         4                  ACTING PRESIDENT VALESKY:    The

         5       Secretary will proceed with the controversial

         6       reading of Calendar Number 703.

         7                  THE SECRETARY:    Calendar Number

         8       703, by Member of the Assembly Farrell,

         9       Assembly Print Number 8866, an act to amend

        10       the Tax Law and the Administrative Code of the

        11       City of New York.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Diaz.

        14                  SENATOR DIAZ:    On the bill.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Diaz, on the bill.

        17                  SENATOR DIAZ:    What time is it,

        18       Mr. President?  It is ten minutes after 1:00.

        19       And because we all love to be here and do the

        20       people's work, I'm going to help all of you

        21       stay here for one more hour.  I plan to speak

        22       for one hour so we can do the people's work as

        23       the Governor has stated we are supposed to do.

        24       He wants us to work.



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         1                  But, ladies and gentlemen, to the

         2       members of that aisle over there, there was a

         3       tax for Nassau County, and I voted against it.

         4       I voted against the tax, and I joined you.  I

         5       joined you because I don't believe in taxes.

         6       I don't believe that the people of the State

         7       of New York have to keep being punished tax

         8       after tax after tax.

         9                  I'm asking you now, now I'm asking

        10       you to do the same here for the City of

        11       New York.  I joined you, I voted with you to

        12       kill some tax for you earlier to help your

        13       constituents.  I crossed the aisle, I crossed

        14       my party to go with you to help you guys so

        15       you could stop taxes for your people.

        16                  Now I'm asking you now, join with

        17       me now.  Join me now.  Show me that you care.

        18       Show me that you are my friends.  Show me that

        19       I can work with you when we need each other.

        20       I make a lot of enemies.  See, I took a

        21       chance.  I crossed my party, I went to you to

        22       help you people in Nassau County so you people

        23       don't get taxes.

        24                  So now the people of the City of



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         1       New York, the bodegueros, the taxi drivers,

         2       the senior citizens, the poor people of the

         3       City of New York are being burdened with

         4       taxes.  MTA taxes, subway taxes, taxes on

         5       meals, cigarette taxes.  There is not a single

         6       tax that the mayor of the City of New York

         7       doesn't like.  Name it, and he tax, tax.

         8                  So I'm asking you again, join me so

         9       I could see that in the future I could jump

        10       too and join you when you really need me.  I

        11       need you today.  I challenge you, I'm

        12       challenging you today, join me.  Let's stop

        13       the burden of the people of the State of

        14       New York.  And I just proved to you that I

        15       could do it, that when I want I could jump.

        16       Proven to me that you could jump too.

        17                  And we could stop the taxes for the

        18       City of New York.  We just stopped the taxes

        19       for Nassau County.  Ladies and gentlemen, Liz

        20       Benjamin --

        21                  (Laughter.)

        22                  SENATOR DIAZ:    -- we stopped

        23       taxes.  Fifteen minutes after 1:00, I've got

        24       50 more minutes.



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         1                  Mr. Leader, I crossed you today, my

         2       leader -- two leaders -- today I just crossed

         3       my new majority leader to join you guys to

         4       show you that I care for the people of Nassau

         5       County.  As you should care for the people of

         6       the City of New York.

         7                  So join me.  Let's see if we could

         8       have a partnership.  Let's see if in the

         9       future Reverend Diaz -- let's see if in the

        10       future Reverend Diaz could say, Senator

        11       Skelos, I'm going to join you today.  Let's

        12       see.  Let's see if in the future Senator

        13       Reverend Diaz could say:  Senator Libous, I'm

        14       going to join you today, I'm going to cross

        15       lines and I'm going to join you today because

        16       I believe in what you're doing.  Let's see if

        17       I could do that in the future.  Because I did

        18       it tonight.

        19                  And I was no fool when I was doing

        20       that; I knew what I was doing.  I knew what I

        21       was doing.  I was throwing you a peace

        22       offering.  Peace offering.  And I did it, and

        23       my leader looked at me and said, "What are you

        24       doing?"  I was helping the people of Nassau



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         1       County.

         2                  So now I'm asking that you help the

         3       people of the City of New York -- the

         4       bodegueros, the taxi drivers, the senior

         5       citizens, people that have been burdened with

         6       taxes.  Taxes on taxis.  Taxes on horse rides.

         7       Taxes on milk.  Taxes on subways.  Taxes on

         8       cigarettes.  Taxes -- even the mayor wanted to

         9       put taxes on plastic bags, garbage, plastic

        10       bags.  Taxes all over.

        11                  So this is one of them.  This is

        12       one of the taxes.  But you know, the mayor of

        13       the City of New York could -- to solve the

        14       problem, he could cease with so -- they have

        15       so many consultant contracts wasting millions

        16       and millions and millions of dollars in

        17       consultant contracts.  They could do away with

        18       that.  They don't have to impose taxes to the

        19       people.

        20                  When I was growing up in

        21       Puerto Rico -- I got 40 more minutes.  I got

        22       40 more minutes.  When I was growing up in

        23       Puerto Rico, in Barrio Hato Tejas, Bayamon,

        24       there was no taxes at that time.  People used



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         1       to go to any palm tree or to the coconut tree

         2       or whatever you want to call it, and we

         3       used -- you know, there was no taxes, none of

         4       those things.

         5                  But now, in the City of New York,

         6       67 years later, I see taxes to senior

         7       citizens, taxes to everybody.

         8                  So I don't want to -- I don't want

         9       to punish you anymore.  I just -- look, is she

        10       sleeping?  Don't sleep on me.  Don't go to

        11       sleep on me now.

        12                  Just I'm asking you to help me

        13       prevent taxes for the people of the City of

        14       New York as I helped you prevent taxes for the

        15       people of Nassau County.

        16                  So, Senator Skelos, I never lie.  I

        17       have always been truthful to you.  I give you

        18       my hand, I keep my word.  So I'm telling you

        19       right now, in front of all -- of everybody and

        20       in front of Liz Benjamin, I'm telling you now

        21       that if you help me, that if you help me

        22       tonight, help the people of the City of

        23       New York by not imposing taxes to them, in the

        24       future you will not regret it.



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         1                  This is my offer, this is what I'm

         2       saying, and I'm saying it publicly in front of

         3       my colleagues.  I need your help now.  Thank

         4       you, ladies and gentlemen.

         5                  Mr. President -- oh, you were

         6       sleeping too, Mr. President?  Thank you very

         7       much.  Then I'll keep talking.

         8                  I'm voting no.  Thank you.

         9                  ACTING PRESIDENT VALESKY:    Thank

        10       you, Senator Diaz.

        11                  Senator Liz Krueger, on the bill.

        12                  SENATOR LIZ KRUEGER:    Thank you

        13       very much, Mr. President.

        14                  Thank you, Senator Reverend Diaz,

        15       for your interesting analysis.

        16                  So colleagues, the public, ladies,

        17       gentlemen, Liz Benjamin --

        18                  (Laughter.)

        19                  SENATOR LIZ KRUEGER:    -- I would

        20       simply like to make the point that I carry

        21       this bill not because I want to raise taxes,

        22       not because I don't -- I agree with Senator

        23       Diaz that the goal is not to have to raise

        24       taxes on the people of New York City.



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         1                  But like so many other bills we

         2       passed here tonight, this is a local tax bill

         3       requested by the City of New York with a

         4       home-rule message supported by their local

         5       legislature, the City Council, because they

         6       have a budget problem just like we have faced

         7       a budget problem.

         8                  And the analysis is they have a

         9       $500 million hole in their budget if they

        10       can't increase their sales tax, and that they

        11       are losing $60 million per month by our not

        12       moving this legislation.

        13                  So I won't disagree with Senator

        14       Diaz that there could be ways that the City of

        15       New York could in fact decrease some of their

        16       costs.  They could perhaps increase

        17       efficiencies.

        18                  And yet we, as we know, have our

        19       own headaches here running our state

        20       government.  I'm not sure we're up to taking

        21       on solving the problems of every local

        22       government or every county government in the

        23       state right now.

        24                  So I ask you to join with me in



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         1       supporting this bill, because the fundamental

         2       argument here, this is a local sales tax at

         3       the request of the City of New York, with the

         4       support of the local legislature, just like we

         5       could have gone down the list tonight and I

         6       could read many, many counties that we were

         7       moving tax bills for.

         8                  So of course no one ever wants to

         9       coat vote for an increase in taxes.  No one

        10       usually wants to put their name on a tax bill.

        11       But I stand here tonight asking you to do this

        12       because my city, New York City, needs the

        13       revenue.  I am being told that they have

        14       delayed hiring additional police, hiring

        15       additional emergency service workers because

        16       we have delayed so far in moving the sales

        17       tax.

        18                  So I hope, just like Senator Diaz

        19       has asked you to reach across the aisle and

        20       not vote for the bill, I'm asking you to join

        21       us in voting for the bill.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT VALESKY:    Thank

        24       you, Senator Krueger.



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         1                  Senator Monserrate, on the bill.

         2                  SENATOR MONSERRATE:    Thank you

         3       very much, Mr. Presiding Officer.

         4                  I also rise in opposition to this

         5       bill, and I join my colleague Ruben Diaz.

         6                  When we speak about what this bill

         7       potentially can do, we're looking at a tax

         8       increase that will bring us very close to

         9       9 percent in sales tax.  This is bad for small

        10       businesses -- bodegas, delis and small

        11       shops -- this is bad for businesses in Lower

        12       Manhattan and in Staten Island, where folks

        13       can cross a bridge and go to New Jersey and

        14       shop for their wares and their needs without

        15       this tax.

        16                  The reality is, ladies and

        17       gentlemen, this is the worst of tax-and-spend

        18       liberalism.  And I know my colleagues on that

        19       side of the aisle do not support that

        20       fundamentally.

        21                  I know that several of my

        22       colleagues here on June 30th sent a message to

        23       the administration of the City of New York and

        24       said no to an increase in sales tax.



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         1                  For those of us who are more

         2       progressive, a sales tax is amongst the most

         3       regressive taxation schemes.  We should be

         4       against this.  We should call on the mayor to

         5       be more fiscally prudent.  He speaks boldly

         6       about being a businessman that makes billions

         7       of dollars, but he says he needs to increase

         8       taxes on middle-class New Yorkers and the

         9       working poor in our city.

        10                  So to the administration, I say:

        11       You got it wrong.  Go back to those books.

        12       Make some cuts.  Make some adjustments.  Be

        13       more progressive.  Let's get rid of all these

        14       consultant contracts for millions upon

        15       millions of dollars.  And let's have the

        16       courage to vote no to this increase.

        17                  To my colleague Dan Squadron, who I

        18       promised I would be very short, because he's

        19       getting married soon -- Saturday, right?  He's

        20       getting married Saturday.  Hurry up and get

        21       married before we pass this bill --

        22                  (Laughter.)

        23                  SENATOR MONSERRATE:    -- because

        24       the sales tax will elevate it.  And I'm sure



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         1       you're going to have a beautiful wedding, just

         2       like your beautiful bride.

         3                  So I ask my colleague Dan Squadron

         4       to join me in protecting other people who are

         5       getting married so they don't have to pay

         6       thousands of dollars in taxation that's wrong.

         7       It's wrong on the left, it's wrong on the

         8       right.  It's bad for New York City.  We should

         9       vote no.

        10                  Mr. Chair, I intend to vote no.

        11       Thank you very much.

        12                  ACTING PRESIDENT VALESKY:    Thank

        13       you, Senator Monserrate.

        14                  Senator Parker, on the bill.

        15                  SENATOR PARKER:    Mr. President,

        16       on the bill.

        17                  I don't expect to be as eloquent as

        18       Senator Diaz, but I do agree with him

        19       wholeheartedly that this bill is a bad bill.

        20       This is not where we actually ought to be

        21       going as a city or as a state.

        22                  Like Liz Krueger, New York City is

        23       my city as well.  And representing, you know,

        24       probably the 4 million people who live in



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         1       Brooklyn, I know that they don't need one more

         2       tax, particularly on sales items.

         3                  As Senator Monserrate indicated, a

         4       sales tax is one of the most regressive things

         5       that you can do.  What does regressive mean?

         6       It means that poor people as a percentage of

         7       their salaries -- of their income, actually --

         8       pay more in sales taxes than rich people do.

         9       So the more money that you make, the less that

        10       this affects you.

        11                  So when you look at people in my

        12       community and many of the communities that we

        13       represent in New York City, our folks are

        14       going to be disproportionately affected in a

        15       negative way by the extension of this sales

        16       tax.

        17                  What is different about this sales

        18       tax as opposed to the 200 other sales taxes

        19       that we extended throughout this evening is

        20       that when you look at the amount of this sales

        21       tax, it is far greater than any of the other

        22       ones that we've passed tonight.

        23                  In addition, not passing this bill

        24       tonight helps New York City have a competitive



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         1       economic development advantage with

         2       New Jersey, its neighbor who it completes

         3       with.

         4                  As Senator Monserrate indicated,

         5       particularly in places like Staten Island,

         6       that is a simple bridge away from New Jersey,

         7       not enacting this sales tax will level the

         8       playing field and allow people to keep their

         9       dollars in New York City.  That would help

        10       small businesses, that would help a lot of the

        11       little guy who we come here and we claim that

        12       we want to help.

        13                  And so I'm asking my colleagues

        14       tonight, as somebody who lives and works in

        15       New York City, to vote no on this bill.  It is

        16       not a good bill for the small businesses.

        17       It's not a good bill for the people every day

        18       who are trying to make it, who work hard and

        19       who are already paying so many other taxes in

        20       this state.  To have to pay this extended

        21       sales tax would be a really, really

        22       significant undue burden.

        23                  We have been asked by the current

        24       mayor of the City of New York to do this.  And



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         1       why have we done this?  He's asked us to do

         2       this, to come here and put another regressive

         3       tax on the table, because this is a man who

         4       simply taxes his way out of every single

         5       problem that he's gotten into.

         6                  When he got elected, the first

         7       thing he did was pass the most expansive

         8       property tax increase in the history of

         9       New York City.  Right?  And many of you know

        10       that, many of you lived through that.  And

        11       they gave it back, and now they've in fact now

        12       reenacted that property tax.

        13                  And these taxes are never an answer

        14       to the problem.  When we had a problem around

        15       traffic and we had a problem in the city

        16       around the environment, what was the answer?

        17       A congestion price tax.  Then, when the MTA

        18       got into trouble, what did he want to do?  He

        19       wanted to tax the bridges across the

        20       East River.

        21                  Enough is enough, Mr. Mayor.

        22       Enough is enough.  The people of the City of

        23       New York can't take another tax from you.  We

        24       can't take, you know, another increase when



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         1       people are losing their jobs and people are

         2       trying to make it day to day.  When people are

         3       just trying to put food in their mouths, we

         4       just can't simply tax and tax and tax and tax

         5       and tax people.

         6                  And it's easy for him, because he's

         7       a billionaire.  He's the richest person in the

         8       state, he's the 16th richest person in the

         9       entire country.  And so for him, ah, another

        10       8 percent here, another 9 percent here.  He'll

        11       make that overnight, you know, on the stock

        12       exchange.

        13                  But most of us don't have,

        14       unfortunately, that kind of wealth.  And so to

        15       continue to tax and tax regular everyday

        16       people is not what we ought to do.

        17                  This is also the same person, while

        18       he's proposing the highest property taxes in

        19       the history of New York City, a tax for

        20       congestion pricing, a tax for the MTA on the

        21       East River bridges, an increased sales tax,

        22       who stood up and wanted to protect rich people

        23       in Manhattan when he didn't want to do a Fair

        24       Share Tax to bring this state into balance.



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         1                  We can't afford these policies,

         2       ladies and gentlemen.  We simply can't afford

         3       to do it.  The City of New York has the fourth

         4       largest budget in the country.  It's the

         5       federal government's budget, it's the state of

         6       California, it's the State of New York and the

         7       City of New York.

         8                  The City of New York has a budget

         9       that if it was a Fortune 500 company, it would

        10       be in the top ten.  It has a budget that is

        11       larger than 48 other states.  As such, there

        12       is more than one way, Mr. President, for them

        13       to skin the cat.

        14                  So for people like myself and Liz

        15       Benjamin, $500 million is a lot of money.

        16                  (Laughter.)

        17                  SENATOR PARKER:    But for the City

        18       of New York, $500 million is a significant sum

        19       but not all the money in the world.  They can

        20       certainly find other ways to skin that cat.

        21                  And so I'm voting no today because

        22       I need to stand up for the everyday people who

        23       are working in our communities, who are trying

        24       to make it day to day.  And the taxes on milk



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         1       and on Pampers and on clothes and on

         2       everything that we tax in New York City can't

         3       simply go on this way.

         4                  We can't simply continue to, you

         5       know, stand up for, you know, a billionaire

         6       mayor who thinks it's okay to tax regular

         7       people but doesn't want to see, you know, the

         8       rich people of the state pay their fair share.

         9       It can no longer continue to go on that way.

        10                  And so I'm urging my colleagues to

        11       join me on the side of right, on the side of

        12       fairness.  I want them to join me and my

        13       colleagues who are voting no on this bill

        14       because it is the right thing to do.

        15                  I vote no.

        16                  ACTING PRESIDENT VALESKY:    Thank

        17       you, Senator Parker.

        18                  Are there any other Senators who

        19       wish to be heard?  Seeing none, the debate is

        20       closed.

        21                  The Secretary will ring the bells.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  SENATOR SKELOS:    To explain my

         5       vote, Mr. President.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Skelos, to explain his vote.

         8                  SENATOR SKELOS:    Mr. President, I

         9       listened so carefully to my dear friend

        10       Reverend Diaz.

        11                  And I'm going to support the

        12       legislation for two reasons.  Number one, it

        13       comes with a home-rule message from the City

        14       of New York -- of which, the last time I

        15       looked, there were roughly, on the City

        16       Council, 47 Democrats and 3 Republicans.

        17                  And if I also listened carefully to

        18       you, Reverend Diaz, you said if I voted

        19       against it, you would come to this side.  I

        20       don't think we could go through 31-31 again.

        21                  (Loud laughter; applause.)

        22                  SENATOR SKELOS:    So I vote aye.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Skelos will be recorded in the



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         1       affirmative.

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 703 are

         5       Senators Adams, Addabbo, Bonacic, Diaz,

         6       Espada, Flanagan, Fuschillo, Golden, Hannon,

         7       Hassell-Thompson, Huntley, C. Kruger, Lanza,

         8       LaValle, Marcellino, Monserrate, Padavan,

         9       Parker, and Perkins.

        10                  Ayes, 43.  Nays, 19.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  Senator Smith.

        14                  SENATOR SMITH:    Could you please

        15       recognize Senator Klein, please.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Klein.

        18                  SENATOR KLEIN:    Mr. President, if

        19       we could return to the order of motions and

        20       resolutions, I have several motions.

        21                  ACTING PRESIDENT VALESKY:

        22       Proceed.

        23                  SENATOR KLEIN:    First, on behalf

        24       of Senator Ruth Hassell-Thompson, I wish to



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         1       call up Calendar Number 485, Assembly Print

         2       Number 4810.

         3                  ACTING PRESIDENT VALESKY:    The

         4       Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       485, by Member of the Assembly Brodsky,

         7       Assembly Print Number 4810, an act to amend

         8       the Executive Law.

         9                  SENATOR KLEIN:    I now move to

        10       reconsider the vote by which this Assembly

        11       bill was substituted for Senate Print 1799 on

        12       June 3rd.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll on reconsideration.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is before the house and restored to its

        19       place on the Third Reading Calendar.

        20                  SENATOR KLEIN:    I now move that

        21       Assembly Bill Number 4810 be recommitted to

        22       the Committee on Rules and the Senate bill be

        23       restored to the order of Third Reading

        24       Calendar.



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         1                  ACTING PRESIDENT VALESKY:    So

         2       ordered.

         3                  SENATOR KLEIN:    On behalf of

         4       Senator Stachowski, I move the following bills

         5       be discharged from their respective committees

         6       and be recommitted with instructions to strike

         7       the enacting clause:  Senate Number 3479B.

         8                  ACTING PRESIDENT VALESKY:    So

         9       ordered.

        10                  SENATOR KLEIN:    On behalf of

        11       Senator Parker, I move that the following

        12       bills be discharged from their respective

        13       committees and be recommitted with

        14       instructions to strike the enacting clause:

        15       Senate Bill 5812.

        16                  ACTING PRESIDENT VALESKY:    So

        17       ordered.

        18                  SENATOR KLEIN:    On behalf of

        19       Senator L. Krueger, I move that the following

        20       bills be discharged from their respective

        21       committees and be recommitted with

        22       instructions to strike the enacting clause:

        23       Senate Bill 5819.

        24                  ACTING PRESIDENT VALESKY:    So



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         1       ordered.

         2                  SENATOR KLEIN:    On behalf of

         3       Senator Onorato, I move to amend Senate Bill

         4       3358A by striking out the amendments made on

         5       April 14th and restoring it to its original

         6       print, Number 3358.

         7                  ACTING PRESIDENT VALESKY:    So

         8       ordered.

         9                  SENATOR KLEIN:    On behalf of

        10       Senator Sampson, I move to recommit Senate

        11       Print Number 5589, Calendar Number 531 on the

        12       order of third reading, to the Committee on

        13       Judiciary, with instructions to said committee

        14       to strike out the enacting clause.

        15                  ACTING PRESIDENT VALESKY:    So

        16       ordered.

        17                  SENATOR KLEIN:    Now, Mr.

        18       President, amendments are offered to the

        19       following Third Reading Calendar bills:

        20                  On behalf of Senator Stachowski,

        21       page 13, Calendar Number 247, Senate Print

        22       1944.

        23                  ACTING PRESIDENT VALESKY:    The

        24       amendments are received.



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         1                  SENATOR KLEIN:    On behalf of

         2       Senator L. Krueger, page 13, Calendar Number

         3       250, Senate Print 4259.

         4                  On behalf of Senator Thompson,

         5       page number 14, Calendar Number 281, Senate

         6       Print Number 4950.

         7                  On behalf of Senator Huntley,

         8       page number 21, Calendar Number 367, Senate

         9       Print 2653B.

        10                  On behalf of Senator Stachowski,

        11       page number 22, Calendar Number 426, Senate

        12       Print 1716.

        13                  Again on behalf of Senator

        14       Stachowski, page 26, Calendar Number 486,

        15       Senate Print 1948A.

        16                  On behalf of Senator Duane,

        17       page number 34, Calendar Number 567, Senate

        18       Print 3164.

        19                  On behalf of Senator Dilan,

        20       page 34, Calendar Number 569, Senate Print

        21       3619.

        22                  On behalf of Senator Thompson,

        23       page number 38, Calendar Number 618, Senate

        24       Print 4954A.



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         1                  On behalf of Senator Huntley,

         2       page number 39, Calendar Number 627, Senate

         3       Print 5596.

         4                  On behalf of Senator Stachowski,

         5       page number 39, Calendar Number 637, Senate

         6       Print 2860B.

         7                  And on behalf of Senator Perkins,

         8       page 35, Calendar Number 582, Senate Print

         9       4747.

        10                  Mr. President, I now move that

        11       these bills retain their place on the order of

        12       third reading.

        13                  ACTING PRESIDENT VALESKY:    The

        14       amendments are received.  So ordered.

        15                  Senator Fuschillo.

        16                  SENATOR FUSCHILLO:    Thank you,

        17       Mr. President.

        18                  I wish to call up Calendar Number

        19       395, Assembly Print Number 5320.

        20                  ACTING PRESIDENT VALESKY:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       395, by Member of the Assembly Maisel,

        24       Assembly Print Number 5320, an act to amend



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         1       the Public Health Law.

         2                  SENATOR FUSCHILLO:    I now move to

         3       reconsider the vote by which this Assembly

         4       bill was substituted for my bill, Senate Print

         5       Number 629, on May 26.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll on reconsideration.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is before the house.

        12                  SENATOR FUSCHILLO:    I now move

        13       that Assembly Bill Number 5320 be recommitted

        14       to the Committee on Rules, and that the Senate

        15       bill be restored to the order of Third Reading

        16       Calendar.

        17                  ACTING PRESIDENT VALESKY:    So

        18       ordered.

        19                  SENATOR FUSCHILLO:    I now offer

        20       the following amendments.

        21                  ACTING PRESIDENT VALESKY:    The

        22       amendments are received.

        23                  SENATOR FUSCHILLO:    Mr.

        24       President, amendments are offered to the



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         1       following Third Reading Calendar bills:

         2                  Sponsored by Senator McDonald,

         3       page number 8, Calendar Number 107, Senate

         4       Print Number 1757;

         5                  By Senator Morahan, page number 16,

         6       Calendar Number 338, Senate Print Number 2807;

         7                  By Senator Fuschillo, page number

         8       25, Calendar Number 475, Senate Print Number

         9       85A;

        10                  By Senator Griffo, page number 25,

        11       Calendar Number 479, Senate Print Number 1148;

        12                  By Senator Marcellino, page number

        13       27, Calendar Number 498, Senate Print Number

        14       4211;

        15                  By Senator Young, page number 27,

        16       Calendar Number 502, Senate Print 4805;

        17                  By Senator Griffo, page number 36,

        18       Senate Print 601, Senate Print Number 5467;

        19                  By Senator Morahan, page number 37,

        20       Calendar Number 612, Senate Print Number 5156;

        21                  By Senator LaValle, page number 39,

        22       Calendar Number 634, Senate Print Number 1447.

        23                  I now move that these bills retain

        24       their place on the order of third reading.



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         1                  ACTING PRESIDENT VALESKY:    So

         2       ordered.

         3                  SENATOR FUSCHILLO:    Thank you.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, is

         7       there any further business at the desk?

         8                  ACTING PRESIDENT VALESKY:    There

         9       is no further business at the desk.

        10                  SENATOR KLEIN:    There being none,

        11       I move that we adjourn at the call of the

        12       Temporary President, intervening days to be

        13       legislative days.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Skelos.

        16                  SENATOR SKELOS:    Before we

        17       adjourn, just for the information of the

        18       members here, I understand that the Governor

        19       has called an extraordinary session for

        20       tomorrow at 3 o'clock.  Well, today at

        21       3 o'clock.

        22                  I'm wondering if we know -- Senator

        23       Smith, I know you indicated to me just a few

        24       minutes ago that you don't believe the



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         1       Governor had withdrawn his proclamation.

         2                  SENATOR SMITH:    The Governor has

         3       indicated he is hoping that we have

         4       communication with the Assembly Speaker

         5       tomorrow to come up with a date certain when

         6       we will be returning.  And so at this point we

         7       are on hold until tomorrow morning.

         8                  At such time, I believe Senator

         9       Sampson will be reaching out to Assembly

        10       Speaker Silver to determine when in fact we

        11       can come back together.

        12                  SENATOR SKELOS:    Does that mean

        13       that he's bringing the Assembly back

        14       tomorrow --

        15                  SENATOR SMITH:    No.

        16                  SENATOR SKELOS:    -- or we're just

        17       being asked to hang around until he makes up

        18       his mind whether he's going to have us here in

        19       extraordinary session?

        20                  SENATOR SMITH:    My conversation

        21       with the Governor is that he will look forward

        22       to our call to him tomorrow after speaking to

        23       the Speaker, at which time he is hoping that

        24       we would come together jointly on the day that



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         1       we'll be back together.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Klein, would you please state your

         4       motion again?

         5                  SENATOR KLEIN:    Was to adjourn at

         6       the call of the Temporary President,

         7       intervening days to be legislative days.

         8                  ACTING PRESIDENT VALESKY:    On a

         9       motion by Senator Klein, the Senate stands

        10       adjourned at the call of the Temporary

        11       President, intervening days being legislative

        12       days.

        13                  (Whereupon, at 1:47 a.m., the

        14       Senate adjourned.)

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24



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