Regular Session - July 16, 2009

                                                            6068



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     July 16, 2009

        11                      12:56 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR DAVID J. VALESKY, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6069



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

         2                  ACTING PRESIDENT VALESKY:    The

         3       Senate will please come to order.

         4                  I ask everyone present to please

         5       rise and recite with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT VALESKY:    In the

        10       absence of clergy, may we bow our heads in a

        11       moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT VALESKY:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Wednesday, July 15, the Senate met pursuant to

        19       adjournment.  The Journal of Tuesday, July 14,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  ACTING PRESIDENT VALESKY:

        23       Without objection, the Journal stands approved

        24       as read.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6070



         1                  Presentation of petitions.

         2                  Messages from the Assembly.

         3                  Messages from the Governor.

         4                  Reports of standing committees.

         5                  Reports of select committees.

         6                  Communications and reports from

         7       state officers.

         8                  Motions and resolutions.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Mr. President,

        11       can we at this time adopt the Resolution

        12       Calendar in its entirety.

        13                  Mr. President, can we withdraw that

        14       motion at this time and go directly to the

        15       calendar.

        16                  ACTING PRESIDENT VALESKY:    The

        17       motion is withdrawn.

        18                  The Secretary will proceed with the

        19       noncontroversial reading of the active bills

        20       on Senate Calendar Number 61.

        21                  THE SECRETARY:    Calendar Number

        22       78, by Member of the Assembly Clark, Assembly

        23       Print Number 1968, an act in relation --

        24                  SENATOR DeFRANCISCO:    Lay it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6071



         1       aside.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 178, Senator Breslin moves to

         6       discharge, from the Committee on Insurance,

         7       Assembly Bill Number 1005C and substitute it

         8       for the identical Senate Bill Number 3635B,

         9       Third Reading Calendar 178.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       178, by Member of the Assembly Bing, Assembly

        14       Print Number 1005C, an act to amend the

        15       Insurance Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6072



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 179, Senator Montgomery moves

         4       to discharge, from the Committee on Children

         5       and Families, Assembly Print Number 2311A and

         6       substitute it for the identical Senate Bill

         7       Number 3423A, Third Reading Calendar 179.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       179, by Member of the Assembly Lifton,

        12       Assembly Print Number 2311A, an act to amend

        13       the Social Services Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect on the 60th day.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 55.  Nays,

        22       1.  Senator Lanza recorded in the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6073



         1                  THE SECRETARY:    Calendar Number

         2       277, by Senator Klein, Senate Print 2490B, an

         3       act to amend the Correction Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect on the 60th day.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 56.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       330, by Member of the Assembly Brodsky,

        16       Assembly Print Number 5025, an act to amend

        17       the Executive Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 180th day.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6074



         1                  ACTING PRESIDENT VALESKY:

         2       Senator Foley, to explain his vote.

         3                  SENATOR FOLEY:    Thank you,

         4       Mr. President.

         5                  Just very briefly, to state for the

         6       record that this legislation will require

         7       local disaster preparedness plans to be

         8       developed among counties, villages, as well as

         9       townships.

        10                  And it should also be noted for the

        11       record that incorporated within the bill is

        12       that for cities greater than a million, with

        13       the number of counties wholly within that

        14       particular city, they will be exempted from

        15       this particular piece of legislation.

        16       However, it should be noted that that

        17       particular city will also be working closely

        18       with the neighboring counties to ensure that

        19       there is a coordinated approach to disaster

        20       preparedness.

        21                  I just wanted to state that for the

        22       record.  And hopefully we can approve this

        23       today and it will enable our local

        24       municipalities to coordinate their efforts in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6075



         1       order to have a safer and more effective

         2       disaster preparedness plan developed for the

         3       local constituencies.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Foley to be recorded in the

         7       affirmative.

         8                  Announce the results.

         9                  THE SECRETARY:    Ayes, 56.  Nays,

        10       0.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       377, by --

        15                  SENATOR LIBOUS:    Lay it aside.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is laid aside.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 396, Senator --

        20                  SENATOR LIBOUS:    Lay it aside.

        21                  ACTING PRESIDENT VALESKY:    The

        22       Secretary will do the substitution first.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 396, Senator L. Krueger moves



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6076



         1       to discharge, from the Committee on Rules,

         2       Assembly Bill Number 7347 and substitute it

         3       for the identical Senate Bill Number 4960,

         4       Third Reading Calendar 396.

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered, and the bill is laid

         8       aside.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 439, Senator Duane moves to

        11       discharge, from the Committee on Rules,

        12       Assembly Print Number 904A and substitute it

        13       for the identical Senate Bill Number 3910A,

        14       Third Reading Calendar 439.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       439, by Member of the Assembly Gottfried,

        19       Assembly Print Number 904A, an act to amend

        20       the Public Health Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 5.  This

        24       act shall take effect on the 60th day.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6077



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 56.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       445, Senator Savino moves to discharge, from

         9       the Committee on Rules, Assembly Print Number

        10       7170A and substitute it for the identical

        11       Senate Bill Number 4562, Third Reading

        12       Calendar 445.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  SENATOR LIBOUS:    Lay it aside.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is laid aside.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 449, Senator Savino moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 8371 and substitute it

        22       for the identical Senate Bill Number 5557,

        23       Third Reading Calendar 449.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6078



         1       Substitution ordered.

         2                  THE SECRETARY:    Calendar Number

         3       449, by Member of the Assembly Abbate,

         4       Assembly Print Number 8371, an act to amend

         5       the Retirement and Social Security 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, 56.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       470, by Senator Savino, Senate Print 5474, an

        18       act to amend the Navigation Law.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6079



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 55.  Nays,

         3       1.  Senator Ranzenhofer recorded in the

         4       negative.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       483, by Member of the Assembly Millman,

         9       Assembly Print Number 4092, an act to amend

        10       the Executive 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, 56.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 486, Senator Stachowski moves

        23       to discharge, from the Committee on Finance,

        24       Assembly Bill Number 2247B and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6080



         1       for the identical Senate Bill Number 1948B,

         2       Third Reading Calendar 486.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  SENATOR LIBOUS:    Lay the bill

         6       aside, please.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       505, by Senator Klein, Senate Print 5376, an

        11       act to amend the Social Services Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 56.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       517, by Member of the Assembly Destito,

        24       Assembly Print Number 606A, an act to amend



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6081



         1       the Correction 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, 55.  Nays,

        10       1.  Senator Lanza recorded in the negative.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 522, Senator Hassell-Thompson

        15       moves to discharge, from the Committee on

        16       Rules, Assembly Bill Number 8521 and

        17       substitute it for the identical Senate Bill

        18       Number 5645, Third Reading Calendar 522.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       522, by Member of the Assembly Aubry, Assembly

        23       Print Number 8521, an act to amend the

        24       Correction Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6082



         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, 56.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 537, Senator Thompson moves to

        13       discharge, from the Committee on Finance,

        14       Assembly Bill Number 4091 and substitute it

        15       for the identical Senate Bill Number 1591,

        16       Third Reading Calendar 537.

        17                  ACTING PRESIDENT VALESKY:

        18       Substitution ordered.

        19                  THE SECRETARY:    Calendar Number

        20       537, by Member of the Assembly Millman,

        21       Assembly Print Number 4091, an act to amend

        22       the State Finance Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6083



         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, 56.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 538, Senator Valesky moves to

        11       discharge, from the Committee on Finance,

        12       Assembly Bill Number 2262A and substitute it

        13       for the identical Senate Bill Number 1610A,

        14       Third Reading Calendar 538.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       538, by Member of the Assembly Stirpe,

        19       Assembly Print Number 2262A, an act to amend

        20       the Navigation Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the first of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6084



         1       November.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 544, Senator C. Johnson moves

        10       to discharge, from the Committee on Finance,

        11       Assembly Bill Number 7741A and substitute it

        12       for the identical Senate Bill Number 2900A,

        13       Third Reading Calendar 544.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       544, by Member of the Assembly Destito,

        18       Assembly Print Number 7741A, an act to amend

        19       the Executive 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



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6085



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 56.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 552, Senator Stachowski moves

         8       to discharge, from the Committee on Finance,

         9       Assembly Bill Number 2819 and substitute it

        10       for the identical Senate Bill Number 4436,

        11       Third Reading Calendar 552.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       552, by Member of the Assembly Schimminger,

        16       Assembly Print Number 2819, an act to amend

        17       the State Finance 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.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6086



         1                  THE SECRETARY:    Ayes, 57.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 553, Senator Stachowski moves

         6       to discharge, from the Committee on Finance,

         7       Assembly Bill Number 2854 and substitute it

         8       for the identical Senate Bill Number 4437,

         9       Third Reading Calendar 553.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       553, by Member of the Assembly Schimminger,

        14       Assembly Print Number 2854, an act to amend

        15       the Economic Development Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 57.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6087



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 564, Senator Valesky moves to

         4       discharge, from the Committee on Local

         5       Government, Assembly Bill Number 695A and

         6       substitute it for the identical Senate Bill

         7       Number 1980A, Third Reading Calendar 564.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       564, by Member of the Assembly Hoyt, Assembly

        12       Print Number 695A, an act to amend the General

        13       Municipal Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 4.  This

        17       act shall --

        18                  SENATOR DeFRANCISCO:    Lay it

        19       aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 566, Senator Addabbo moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6088



         1       Assembly Print Number 5276A and substitute it

         2       for the identical Senate Bill Number 2868A,

         3       Third Reading Calendar 566.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  SENATOR LIBOUS:    Lay it aside,

         7       please.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 568, Senator Foley moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 1627C and substitute it

        14       for the identical Senate Bill Number 3331B,

        15       Third Reading Calendar 568.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       568, by Member of the Assembly Zebrowski,

        20       Assembly Print Number 1627C, an act to amend

        21       the General Business Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6089



         1       act shall take effect on the 60th day.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 569, Senator Dilan moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 8568B and substitute it

        12       for the identical Senate Bill Number 3619A,

        13       Third Reading Calendar 569.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       569, by Member of the Assembly Gantt, Assembly

        18       Print Number 8568B, an act to amend the

        19       Vehicle and Traffic 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



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6090



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Marcellino, to explain his vote.

         5                  SENATOR MARCELLINO:    Yes,

         6       Mr. President.  I am pleased to rise to

         7       explain my vote in support of this bill.

         8                  This bill hopefully in New York

         9       State will put an end to the text-messaging

        10       problem that we have.  Text messaging, as we

        11       all know, is a very dangerous act, but it's

        12       second nature to a lot of people, especially

        13       our young people.  And it's resulted in the

        14       deaths of many.

        15                  By passing this bill, which has had

        16       its problems getting it out of the other

        17       house -- it's passed this house many times,

        18       but not the other house.  But I commend

        19       Senator Dilan for using his good offices to

        20       work out a compromise and put the

        21       text-messaging language in this bill so we get

        22       a ban and we can end this terrible scourge on

        23       our driving public.

        24                  Text messaging is dangerous while



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6091



         1       walking, it's dangerous more while driving.

         2       And unfortunately, too many people do it.

         3       Everybody recognizes that it is a threat.  But

         4       many people admit to doing it, including

         5       adults, while driving.  Hopefully we'll put an

         6       end to that today in New York State and this

         7       will be a leader for the nation.

         8                  I thank the Senate here for passing

         9       this bill, and I thank my colleagues for their

        10       support.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Marcellino to be recorded in the

        13       affirmative.

        14                  Announce the results.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 569:  Ayes, 56.  Nays, 1.

        17       Senator Little recorded in the negative.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       581, by Senator Sampson, Senate Print 3708D,

        22       an act to amend the General Business Law.

        23                  SENATOR LIBOUS:    Lay it aside,

        24       please.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6092



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 584, Senator Adams moves to

         5       discharge, from the Committee on Health,

         6       Assembly Bill Number 4216 and substitute it

         7       for the identical Senate Print Number 4318,

         8       Third Reading Calendar 584.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       584, by Member of the Assembly Brodsky,

        13       Assembly Print Number 4216, an act to amend

        14       the Public Health Law.

        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, 57.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6093



         1                  THE SECRETARY:    Calendar Number

         2       600, by Senator Klein, Senate Print 4903, an

         3       act to amend the Vehicle and Traffic Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the 90th day.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 57.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 624, Senator Espada moves to

        16       discharge, from the Committee on Corporations,

        17       Authorities and Commissions, Assembly Print

        18       Number 5753 and substitute it for the

        19       identical Senate Bill Number 5551, Third

        20       Reading Calendar 624.

        21                  ACTING PRESIDENT VALESKY:

        22       Substitution ordered.

        23                  THE SECRETARY:    Calendar Number

        24       624, by Member of the Assembly Lopez, Assembly



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6094



         1       Print Number 5753, an act to amend the Public

         2       Authorities Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 57.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 638, Senator Adams moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 8182 and substitute it

        17       for the identical Senate Bill Number 3021,

        18       Third Reading Calendar 638.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       638, by Member of the Assembly Spano, Assembly

        23       Print Number 8182, an act to amend the Racing,

        24       Pari-Mutuel Wagering and Breeding Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6095



         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                  ACTING PRESIDENT VALESKY:

         9       Announce the results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 638 are

        12       Senators Griffo, Larkin, Libous, Maziarz,

        13       Ranzenhofer, Saland, Skelos, Winner.  Also

        14       Senator LaValle.  Also Senator Leibell.

        15                  SENATOR ADAMS:    Lay it aside for

        16       the day.

        17                  ACTING PRESIDENT VALESKY:    The

        18       roll call is withdrawn, and the bill is laid

        19       aside for the day.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 640, Senator Addabbo moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 8492 and substitute it

        24       for the identical Senate Bill Number 4243,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6096



         1       Third Reading Calendar 640.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  SENATOR LIBOUS:    Lay it aside,

         5       please.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 643, Senator Espada moves to

        10       discharge, from the Committee on Housing,

        11       Construction and Community Development,

        12       Assembly Bill Number 7681 and substitute it

        13       for the identical Senate Bill Number 5441,

        14       Third Reading Calendar 643.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       643, by Member of the Assembly Lopez, Assembly

        19       Print Number 7681, an act to amend the Private

        20       Housing Finance Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6097



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 57.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       644, by Senator Klein, Senate Print 5622, an

         9       act to amend Part R-1 of Chapter 57 of the

        10       Laws of 2009 amending the Tax Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  SENATOR HANNON:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       roll call is withdrawn, and the bill is laid

        21       aside.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 645, Senator Duane moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6098



         1       Assembly Bill Number 8131 and substitute it

         2       for the identical Senate Bill Number 4845B,

         3       Third Reading Calendar 645.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       645, by Member of the Assembly Weprin,

         8       Assembly Print Number 8131, an act to amend

         9       the Tax 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                  SENATOR DeFRANCISCO:    Lay it

        18       aside, please.

        19                  ACTING PRESIDENT VALESKY:    The

        20       roll call is withdrawn, and the bill is laid

        21       aside.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 646, Senator Savino moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6099



         1       Assembly Bill Number 8210 and substitute it

         2       for the identical Senate Bill Number 5482,

         3       Third Reading Calendar 646.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       646, by Member of the Assembly Cusick,

         8       Assembly Print Number 8210, an act to amend

         9       the Navigation 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, 57.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 727, Senator Breslin moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 1039 and substitute it

        24       for the identical Senate Bill Number 396,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6100



         1       Third Reading Calendar 727.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  SENATOR LIBOUS:    Lay the bill

         5       aside.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 728, Senator Young moves to

        10       discharge, from the Committee on Local

        11       Government, Assembly Bill Number 4263 and

        12       substitute it for the identical Senate Bill

        13       Number 689, Third Reading Calendar 728.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       728, by Member of the Assembly Giglio,

        18       Assembly Print Number 4263, an act to amend

        19       the Town 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



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6101



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 57.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 729, Senator Seward moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 3078A and substitute it

        10       for the identical Senate Bill Number 867A,

        11       Third Reading Calendar 729.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       729, by Member of the Assembly Magee, Assembly

        16       Print Number 3078A, an act to authorize the

        17       City of Oneonta.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6102



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 730, Senator Young moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 4613A and substitute it

         9       for the identical Senate Bill Number 868A,

        10       Third Reading Calendar 730.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       730, by Member of the Assembly Parment,

        15       Assembly Print Number 4613A, an act to

        16       validate certain actions.

        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, 57.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6103



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 731, Senator --

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Liz Krueger.

         7                  SENATOR LIZ KRUEGER:    Would you

         8       repeat the calendar number of that bill for

         9       me, please?

        10                  ACTING PRESIDENT VALESKY:

        11       Calendar Number 730.

        12                  SENATOR LIZ KRUEGER:    I jumped

        13       ahead of myself.  Thank you.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will continue with Calendar Number

        16       731.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 731, Senator Morahan moves to

        19       discharge, from the Committee on Finance,

        20       Assembly Bill Number 2234 and substitute it

        21       for the identical Senate Bill Number 1001,

        22       Third Reading Calendar 731.

        23                  ACTING PRESIDENT VALESKY:

        24       Substitution ordered.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6104



         1                  THE SECRETARY:    Calendar Number

         2       731, by Member of the Assembly Zebrowski,

         3       Assembly Print Number 2234, an act to amend

         4       Chapter 218 of the Laws of 2008.

         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, 57.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 732, Senator Larkin moves to

        18       discharge, from the Committee on Codes,

        19       Assembly Bill Number 2534 and substitute it

        20       for the identical Senate Bill Number 1149A,

        21       Third Reading Calendar 732.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6105



         1       732, by Member of the Assembly Calhoun,

         2       Assembly Print Number 2534, an act to amend

         3       the Criminal Procedure Law.

         4                  SENATOR DUANE:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 733, Senator Farley moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 3337A and substitute it

        11       for the identical Senate Bill Number 1171A,

        12       Third Reading Calendar 733.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       733, by Member of the Assembly Tedisco,

        17       Assembly Print Number 3337A, an act to

        18       authorize.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6106



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 56.  Nays,

         3       1.  Senator Bonacic recorded in the negative.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 734, Senator C. Johnson moves

         8       to discharge, from the Committee on Rules,

         9       Assembly Bill Number 1544B and substitute it

        10       for the identical Senate Bill Number 1263B,

        11       Third Reading Calendar 734.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       734, by Member of the Assembly Schimel,

        16       Assembly Print Number 1544B, 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.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6107



         1                  THE SECRETARY:    Ayes, 57.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 735, Senator Serrano moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 3949 and substitute it

         8       for the identical Senate Bill Number 1393,

         9       Third Reading Calendar 735.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitution ordered.

        12                  SENATOR LIBOUS:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 736, Senator Volker moves to

        17       discharge, from the Committee on Rules,

        18       Assembly Bill Number 6273B and substitute it

        19       for the identical Senate Bill Number 1566B,

        20       Third Reading Calendar 736.

        21                  ACTING PRESIDENT VALESKY:

        22       Substitution ordered.

        23                  THE SECRETARY:    Calendar Number

        24       736, by Member of the Assembly Corwin,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6108



         1       Assembly Print Number 6273B, an act to amend

         2       the Real Property 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, 57.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 737, Senator Farley moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 4321 and substitute it

        18       for the identical Senate Bill Number 1643,

        19       Third Reading Calendar 737.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       737, by Member of the Assembly Butler,

        24       Assembly Print Number 4321, an act to amend



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6109



         1       the Town 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, 57.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 738, Senator LaValle moves --

        14                  SENATOR KLEIN:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       Secretary will do the substitution first.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 738, Senator LaValle moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 4632A and substitute it

        21       for the identical Senate Bill Number 1718A,

        22       Third Reading Calendar 738.

        23                  ACTING PRESIDENT VALESKY:

        24       Substitution ordered, and the bill is laid



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6110



         1       aside.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 739, Senator LaValle moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 4633A and substitute it

         6       for the identical Senate Bill Number 1719A,

         7       Third Reading Calendar 739.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       739, by Member of the Assembly Thiele,

        12       Assembly Print Number 4633A, an act to amend

        13       the --

        14                  SENATOR KLEIN:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 740, Senator Little moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 4811 and substitute it

        21       for the identical Senate Bill Number 1800,

        22       Third Reading Calendar 740.

        23                  ACTING PRESIDENT VALESKY:

        24       Substitution ordered.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6111



         1                  THE SECRETARY:    Calendar Number

         2       740, by Member of the Assembly Jordan,

         3       Assembly Print Number 4811, an act to

         4       authorize the Village of Cambridge.

         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, 57.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 741, Senator Ranzenhofer moves

        18       to discharge, from the Committee on Rules,

        19       Assembly Bill Number 4710 and substitute it

        20       for the identical Senate Bill Number 1939,

        21       Third Reading Calendar 741.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6112



         1       741, by Member of the Assembly Hawley,

         2       Assembly Print Number 4710, an act to amend

         3       the Uniform Justice Court Act.

         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, 57.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 742, Senator Little moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 5311A and substitute it

        18       for the identical Senate Bill Number 2146A,

        19       Third Reading Calendar 742.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       742, by Member of the Assembly Sayward,

        24       Assembly Print Number 5311A, an act to amend



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6113



         1       the Criminal Procedure 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, 57.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 743, Senator Montgomery moves

        14       to discharge, from the Committee on Rules,

        15       Assembly Bill Number 5328 and substitute it

        16       for the identical Senate Bill Number 2232,

        17       Third Reading Calendar 743.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       743, by Member of the Assembly Millman,

        22       Assembly Print Number 5328, an act in relation

        23       to allowing.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6114



         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                  SENATOR LANZA:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:

         8       Withdraw the roll call.  The bill is laid

         9       aside.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 744, Senator Flanagan moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 5709A and substitute it

        14       for the identical Senate Bill Number 2407A,

        15       Third Reading Calendar 744.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       744, by Member of the Assembly Conte, Assembly

        20       Print Number 5709A, an act to amend the

        21       Criminal Procedure Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6115



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 745, Senator Nozzolio moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 5303C and substitute it

        12       for the identical Senate Bill Number 2408D,

        13       Third Reading Calendar 745.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       745, by Member of the Assembly Morelle,

        18       Assembly Print Number 5303C, an act to amend

        19       the Monroe County Tax Act.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6116



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 57.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 746, Senator Flanagan moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 8329 and substitute it

        11       for the identical Senate Bill Number 2518A,

        12       Third Reading Calendar 746.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       746, by Member of the Assembly Fitzpatrick,

        17       Assembly Print Number 8329, an act to

        18       authorize.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6117



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 747, Senator Nozzolio moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 6889A and substitute it

         9       for the identical Senate Bill Number 2687A,

        10       Third Reading Calendar 747.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       747, by Member of the Assembly Kolb, Assembly

        15       Print Number 6889A, an act to adjust.

        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, 57.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6118



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 748, Senator Foley moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 7838A and substitute it

         6       for the identical Senate Bill Number 2705A,

         7       Third Reading Calendar 748.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       748, by Member of the Assembly Ramos, Assembly

        12       Print Number 7838A, an act in relation to

        13       permitting.

        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, 55.  Nays,

        22       2.  Senators Bonacic and Larkin recorded in

        23       the negative.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6119



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 749, Senator Fuschillo moves

         4       to discharge, from the Committee on Rules,

         5       Assembly Bill Number 5807 and substitute it

         6       for the identical Senate Bill Number 2708,

         7       Third Reading Calendar 749.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       749, by Member of the Assembly Sweeney,

        12       Assembly Print Number 5807, an act in relation

        13       to permitting.

        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, 55.  Nays,

        22       2.  Senators Bonacic and Larkin recorded in

        23       the negative.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6120



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 750, Senator Larkin moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Print Number 6700 and substitute it

         6       for the identical Senate Bill Number 2737,

         7       Third Reading Calendar 750.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       750, by Member of the Assembly Skartados,

        12       Assembly Print Number 6700, an act to direct

        13       the Commissioner of Education.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  SENATOR DUANE:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 751, Senator Nozzolio [sic]

        21       moves to discharge, from the Committee on

        22       Local Government, Assembly Bill Number 6329B

        23       and substitute it for the identical Senate

        24       Bill Number 2771B, Third Reading Calendar 751.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6121



         1                  ACTING PRESIDENT VALESKY:

         2       Substitution ordered.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Mr. President,

         5       the clerk said Senator Nozzolio?  Isn't this

         6       a -- I'm just clarifying the calendar, please.

         7       Number 751, we skipped it?

         8                  ACTING PRESIDENT VALESKY:    The

         9       Secretary will correct the clerical error on

        10       Calendar 751 and reread Number 751.

        11                  SENATOR LIBOUS:    Thank you,

        12       Mr. President.  We'd like to lay that bill

        13       aside too, when it's read.

        14                  (Laughter.)

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 751, Senator Breslin moves to

        17       discharge, from the Committee on Housing,

        18       Construction and Community Development,

        19       Assembly Bill Number 6329B and substitute it

        20       for the identical Senate Bill Number 2771B,

        21       Third Reading Calendar 751.

        22                  SENATOR LIBOUS:    Mr. President,

        23       can we now lay that bill aside, please.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6122



         1       Substitution ordered, and the bill is laid

         2       aside.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 752, Senator Nozzolio moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Print Number 6845 and substitute it

         7       for the identical Senate Print Number 2799,

         8       Third Reading Calendar 752.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       752, by Member of the Assembly Finch, Assembly

        13       Print Number 6845, an act to amend the

        14       Not-For-Profit Corporation Law.

        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, 57.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6123



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 753, Senator Stachowski moves

         3       to discharge, from the Committee on Rules,

         4       Assembly Bill Number 7991A and substitute it

         5       for the identical Senate Bill Number 2841B,

         6       Third Reading Calendar 753.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       753, by Member of the Assembly Quinn, Assembly

        11       Print Number 7991A, an act to legalize,

        12       validate, ratify and confirm.

        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, 57.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 754, Senator Alesi moves to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6124



         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 6469A and substitute it

         3       for the identical Senate Bill Number 2864A,

         4       Third Reading Calendar 754.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       754, by Member of the Assembly Morelle,

         9       Assembly Print Number 6469A, an act to amend

        10       the Navigation 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, 57.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 755, Senator Seward moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 6731 and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6125



         1       for the identical Senate Bill Number 2903,

         2       Third Reading Calendar 755.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       755, by Member of the Assembly Magee, Assembly

         7       Print Number 6731, an act to authorize.

         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, 57.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 756, Senator Farley moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Print Number 6486 and substitute it

        23       for the identical Senate Bill Number 2931,

        24       Third Reading Calendar 756.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6126



         1                  ACTING PRESIDENT VALESKY:

         2       Substitution ordered.

         3                  THE SECRETARY:    Calendar Number

         4       756, by Member of the Assembly Amedore,

         5       Assembly Print Number 6486, an act to amend

         6       the Town Law.

         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, 58.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 757, Senator Marcellino moves

        19       to discharge, from the Committee on Codes,

        20       Assembly Bill Number 3939 and substitute it

        21       for the identical Senate Bill Number 2940,

        22       Third Reading Calendar 757.

        23                  ACTING PRESIDENT VALESKY:

        24       Substitution ordered.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6127



         1                  THE SECRETARY:    Calendar Number

         2       757, by Member of the Assembly Raia, Assembly

         3       Print Number 3939, an act to amend the

         4       Criminal Procedure Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  SENATOR DUANE:    Lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 758, Senator Valesky moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 6732 and substitute it

        14       for the identical Senate Bill Number 2961,

        15       Third Reading Calendar 758.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       758, by Member of the Assembly Magee, Assembly

        20       Print Number 6732, an act to amend Chapter 648

        21       of the Laws of 2008.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6128



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 58.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.  And there was a home-rule

         8       message at the desk on that bill.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 759, Senator Nozzolio moves to

        11       discharge, from the Committee on Codes,

        12       Assembly Bill Number 6506 and substitute it

        13       for the identical Senate Bill Number 2982,

        14       Third Reading Calendar 759.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       759, by Member of the Assembly Oaks, Assembly

        19       Print Number 6506, an act to amend the

        20       Criminal Procedure Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the first of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6129



         1       November.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.  Nays,

         6       2.  Senators Duane and L. Krueger recorded in

         7       the negative.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 760, Senator Nozzolio moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 7238 and substitute it

        14       for the identical Senate Bill Number 3270,

        15       Third Reading Calendar 760.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       760, by Member of the Assembly Finch, Assembly

        20       Print Number 7238, an act to amend the

        21       Criminal Procedure Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6130



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.  Nays,

         6       2.  Senators Duane and L. Krueger recorded in

         7       the negative.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 761, Senator Volker moves to

        12       discharge, from the Committee on Local

        13       Government, Assembly Print Number 2089A and

        14       substitute it for the identical Senate Bill

        15       Number 3337A, Third Reading Calendar 761.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       761, by Member of the Assembly Schroeder,

        20       Assembly Print Number 2089A, an act to amend

        21       the Real Property Tax Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6131



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 58.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 762, Senator Hannon moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 8339A and substitute it

        12       for the identical Senate Bill Number 3434A,

        13       Third Reading Calendar 762.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       762, by Member of the Assembly McKevitt,

        18       Assembly Print Number 8339A, an act to

        19       authorize.

        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



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6132



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 57.  Nays,

         4       1.  Senator Bonacic recorded in the negative.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 763, Senator --

         9                  SENATOR KLEIN:    Lay it aside for

        10       the day, please.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Klein, before laying the bill aside

        13       for the day, if we could take up the Assembly

        14       substitution.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 763, Senator Foley moves to

        17       discharge, from the Committee on Health,

        18       Assembly Bill Number 3144 and substitute it

        19       for the identical Senate Bill Number 3532,

        20       Third Reading Calendar 763.

        21                  ACTING PRESIDENT VALESKY:

        22       Substitution ordered, and the bill is laid

        23       aside for the day.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6133



         1       Calendar Number 764, Senator Skelos moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 7261A and substitute it

         4       for the identical Senate --

         5                  SENATOR HASSELL-THOMPSON:    Lay it

         6       aside.

         7                  ACTING PRESIDENT VALESKY:    Let us

         8       finish the Assembly substitution, please.

         9                  THE SECRETARY:    -- Senate Bill

        10       Number 3568A, Third Reading Calendar 764.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered, and the bill is laid

        13       aside.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 765, Senator Libous moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 7092A and substitute it

        18       for the identical Senate Bill Number 3613A,

        19       Third Reading Calendar 765.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       765, by Member of the Assembly Crouch,

        24       Assembly Print Number --



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6134



         1                  SENATOR DUANE:    Lay it aside,

         2       please.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 766, Senator Libous moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 7090 and substitute it

         9       for the identical Senate Bill Number 3614,

        10       Third Reading Calendar 766.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       766, by Member of the Assembly Crouch,

        15       Assembly Print Number 7090, an act to amend

        16       the Town 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, 58.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6135



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 767, Senator Oppenheimer moves

         5       to discharge, from the Committee on Rules,

         6       Assembly Bill Number 6153A and substitute it

         7       for the identical Senate Bill Number 3631A,

         8       Third Reading Calendar 767.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       767, by Member of the Assembly Paulin,

        13       Assembly Print Number 6153A, an act allowing.

        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, 58.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6136



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 768, Senator Foley moves to

         3       discharge, from the Committee on Rules,

         4       Assembly Bill Number 7148 and substitute it

         5       for the identical Senate Bill Number 3643,

         6       Third Reading Calendar 768.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       768, by Member of the Assembly Eddington,

        11       Assembly Print Number 7148, an act to

        12       authorize.

        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, 56.  Nays,

        21       2.  Senators Bonacic and Larkin recorded in

        22       the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6137



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 769, Senator Marcellino moves

         3       to discharge, from the Committee on Rules,

         4       Assembly Bill Number 7201A and substitute it

         5       for the identical Senate Bill Number 3649A,

         6       Third Reading Calendar 769.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       769, by Member of the Assembly Conte, Assembly

        11       Print Number 7201A, an act to authorize.

        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, 56.  Nays,

        20       2.  Senators Bonacic and Larkin recorded in

        21       the negative.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6138



         1       Calendar Number 770, Senator Morahan moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 7220 and substitute it

         4       for the identical Senate Bill Number 3756,

         5       Third Reading Calendar 770.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       770, by Member of the Assembly Jaffee,

        10       Assembly Print Number 7220, an act to

        11       authorize.

        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, 56.  Nays,

        20       2.  Senators Bonacic and Larkin recorded in

        21       the negative.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6139



         1       Calendar Number 771, Senator Morahan moves to

         2       discharge, from the Committee on Local

         3       Government, Assembly Bill Number 6473 and

         4       substitute it for the identical Senate Bill

         5       Number 3757, Third Reading Calendar 771.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       771, by Member of the Assembly Jaffee,

        10       Assembly Print Number 6473, an act to

        11       authorize.

        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, 56.  Nays,

        20       2.  Senators Bonacic and Larkin recorded in

        21       the negative.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6140



         1       Calendar Number 772, Senator Morahan moves to

         2       discharge, from the Committee on Local

         3       Government, Assembly Bill Number 6472A and

         4       substitute it for the identical Senate Bill

         5       Number 3758A, Third Reading Calendar 772.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       772, by Member of the Assembly Jaffee,

        10       Assembly Print Number 6472A, an act to

        11       authorize.

        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, 56.  Nays,

        20       2.  Senators Bonacic and Larkin recorded in

        21       the negative.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6141



         1       Calendar Number 773, Senator Winner moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 1396 and substitute it

         4       for the identical Senate Bill Number 3771,

         5       Third Reading Calendar 773.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       773, by Member of the Assembly O'Mara,

        10       Assembly Print Number 1396, an act to amend

        11       Chapter 438 of the Laws of 2008.

        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, 58.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 774, Senator Bonacic moves to

        24       discharge, from the Committee on Environmental



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6142



         1       Conservation, Assembly Bill Number 5939 and

         2       substitute it for the identical Senate Bill

         3       Number 3799, Third Reading Calendar 774.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       774, by Member of the Assembly Cahill,

         8       Assembly Print Number 5939, an act to amend

         9       Chapter 271 of the Laws of 2006.

        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, 58.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 775, Senator Valesky moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 7420A and substitute it

        24       for the identical Senate Bill Number 3812A,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6143



         1       Third Reading Calendar 775.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       775, by Member of the Assembly Magnarelli,

         6       Assembly Print Number 7420A, an act to amend

         7       the Vehicle and Traffic Law and others.

         8                  ACTING PRESIDENT VALESKY:    There

         9       is a home-rule message at the desk.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 24.  This

        12       act shall take effect on the 30th day.

        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       going to vote no.

        20                  I know these bills are in vogue

        21       nowadays, where we use cameras to pick up

        22       violators.  But I don't think this Orwellian

        23       way of law enforcement makes a lot of sense.

        24       I think citizens should have a little bit of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6144



         1       privacy in what they do.

         2                  If there's police officers that see

         3       these events or eyewitnesses that see people

         4       going through lights or whatever they do

         5       wrong, you know, they should be prosecuted.

         6                  But to have cameras installed for

         7       this reason just begs the question as to

         8       what's the next reason we're going to install

         9       cameras to watch people do things.

        10                  Secondly, this is an enforcement of

        11       a running-a-red-light type of offense against

        12       the owner.  In many instances the owner might

        13       not have any clue that an individual is

        14       driving the car through a red light or

        15       violating it and may not have any control over

        16       that individual -- unless we're assuming that

        17       owners should know what everyone is doing

        18       who's driving their car at any hour of the day

        19       or night.  So it imposes a penalty on someone

        20       who isn't directly responsible for the

        21       violation.

        22                  For those reasons, I vote no.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator DeFrancisco to be recorded in the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6145



         1       negative.

         2                  Announce the results.

         3                  If those who are voting in the

         4       negative on Calendar 775 would please raise

         5       your hands.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 775 are

         8       Senators DeFrancisco, Little, Morahan, Saland

         9       and Volker.  Ayes, 53.  Nays, 5.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  If the Secretary would return to

        13       Calendar Number 764, I believe Senator

        14       Hassell-Thompson wishes to withdraw her

        15       lay-aside.

        16                  THE SECRETARY:    Calendar Number

        17       764, substituted earlier today by Member of

        18       the Assembly Weisenberg, Assembly Print Number

        19       7261A, an act to amend the Real Property Tax

        20       Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6146



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 58.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 776, Senator C. Johnson moves

         9       to discharge, from the Committee on Local

        10       Government, Assembly Print Number 7664 and

        11       substitute it for the identical Senate Bill

        12       Number 3822, Third Reading Calendar 776.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       776, by Member of the Assembly Weisenberg,

        17       Assembly Print Number 7664, an act to amend

        18       the Real Property Tax Law.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6147



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 58.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 777, Senator Sampson moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 7260 and substitute it

         9       for the identical Senate Bill Number 4088,

        10       Third Reading Calendar 777.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       777, by Member of the Assembly Weinstein,

        15       Assembly Print Number 7260, an act to amend

        16       the Civil Practice Law and Rules.

        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, 58.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6148



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 778, Senator Winner moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Bill Number 7509 and substitute it

         7       for the identical Senate Bill Number 4127,

         8       Third Reading Calendar 778.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       778, by Member of the Assembly O'Mara,

        13       Assembly Print Number 7509, an act to amend

        14       the Environmental Conservation Law.

        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, 56.  Nays,

        23       2.  Senators Duane and Serrano recorded in the

        24       negative.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6149



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 779, Senator McDonald moves to

         5       discharge, from the Committee on Corporations,

         6       Authorities and Commissions, Assembly Bill

         7       Number 7607 and substitute it for the

         8       identical Senate Bill Number 4207, Third

         9       Reading Calendar 779.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       779, by Member of the Assembly Canestrari,

        14       Assembly Print Number 7607, an act to amend

        15       Chapter 422 of the Laws of 2008.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 58.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6150



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 780, Senator Ranzenhofer moves

         4       to discharge, from the Committee on Rules,

         5       Assembly Bill Number 7019A and substitute it

         6       for the identical Senate Bill Number 4304,

         7       Third Reading Calendar 780.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       780, by Member of the Assembly Hawley,

        12       Assembly Print Number 7019A, an act to amend

        13       the Town 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, 58.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6151



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 781, Senator Stewart-Cousins

         3       moves to discharge, from the Committee on

         4       Rules, Assembly Bill Number 5493A and

         5       substitute it for the identical Senate Bill

         6       Number 4392A, Third Reading Calendar 781.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       781, by Member of the Assembly Spano, Assembly

        11       Print Number 5493A, an act to amend the

        12       Vehicle and Traffic 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:    In relation to

        22       Calendar Number 781:  Ayes, 57.  Nays, 1.

        23       Senator Lanza recorded in the negative.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6152



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 782, Senator O. Johnson moves

         4       to discharge, from the Committee on Rules,

         5       Assembly Bill Number 8674 and substitute it

         6       for the identical Senate Bill Number 4428,

         7       Third Reading Calendar 782.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       782, by Member of the Assembly Ramos, Assembly

        12       Print Number 8674, an act to authorize.

        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, 56.  Nays,

        21       2.  Senators Bonacic and Larkin recorded in

        22       the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6153



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 783, Senator Maziarz moves to

         3       discharge, from the Committee on Rules,

         4       Assembly Bill Number 7711A and substitute it

         5       for the identical Senate Bill Number 4522A,

         6       Third Reading Calendar 783.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       783, by Member of the Assembly Hawley,

        11       Assembly Print Number 7711A, an act to

        12       authorize.

        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, 58.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6154



         1       Calendar Number 784, Senator Nozzolio moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 7938A and substitute it

         4       for the identical Senate Bill Number 4573A,

         5       Third Reading Calendar 784.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       784, by Member of the Assembly Errigo,

        10       Assembly Print Number 7938A, an act to

        11       authorize.

        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, 58.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 785, Senator Parker moves to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6155



         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 7921 and substitute it

         3       for the identical Senate Bill Number 4583,

         4       Third Reading Calendar 785.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       785, by Member of the Assembly Peralta,

         9       Assembly Print Number 7921, an act to amend

        10       the Banking 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, 58.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 786, Senator Bonacic moves to

        23       discharge, from the Committee on Local

        24       Government, Assembly Print Number 7185A and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6156



         1       substitute it for the identical Senate Bill

         2       Number 4824, Third Reading Calendar 786.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       786, by Member of the Assembly Gunther,

         7       Assembly Print Number 7185A, an act to amend

         8       Chapter 392 of the Laws of 2003.

         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                  THE SECRETARY:    Ayes, 58.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 787, Senator O. Johnson moves

        21       to discharge, from the Committee on Rules,

        22       Assembly Bill Number 7893A and substitute it

        23       for the identical Senate Bill Number 4849A,

        24       Third Reading Calendar 787.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6157



         1                  ACTING PRESIDENT VALESKY:

         2       Substitution ordered.

         3                  THE SECRETARY:    Calendar Number

         4       787, by Member of the Assembly Sweeney.

         5       Assembly Print Number 7893A, an act to

         6       authorize.

         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, 58.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 788, Senator Flanagan moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 7840A and substitute it

        21       for the identical Senate Bill Number 4862A,

        22       Third Reading Calendar 788.

        23                  ACTING PRESIDENT VALESKY:

        24       Substitution ordered.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6158



         1                  THE SECRETARY:    Calendar Number

         2       788, by Member of the Assembly Fitzpatrick,

         3       Assembly Print Number 7840A, an act in

         4       relation to authorizing.

         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, 58.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 789, Senator Bonacic moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 8186A and substitute it

        20       for the identical Senate Bill Number 4911,

        21       Third Reading Calendar 789.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6159



         1       789, by Member of the Assembly Cahill,

         2       Assembly Print Number 8186A, an act to amend

         3       the Highway Law.

         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, 58.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 790, Senator Oppenheimer moves

        16       to discharge, from the Committee on Local

        17       Government, Assembly Print Number 3173 and

        18       substitute it for the identical Senate Bill

        19       Number 4946, Third Reading Calendar 790.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       790, by Member of the Assembly --

        24                  SENATOR BONACIC:    Lay it aside.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6160



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 791, Senator LaValle moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Bill Number 7858 and substitute it

         7       for the identical Senate Bill Number 4972,

         8       Third Reading Calendar 791.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       791, by Member of the Assembly Thiele,

        13       Assembly Print Number 7858, an act to

        14       authorize.

        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, 58.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6161



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 792, Senator Foley moves to --

         4                  ACTING PRESIDENT VALESKY:    Hold,

         5       please.  If we could return to Calendar Number

         6       791.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 791:  Ayes, 57.  Nays, 1.

         9       Senator Duane recorded in the negative.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 792, Senator Foley moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 8342A and substitute it

        16       for the identical Senate Bill Number 4980A,

        17       Third Reading Calendar 792.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       792, by Member of the Assembly Ramos, Assembly

        22       Print Number 8342A, an act in relation to

        23       permitting.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6162



         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, 56.  Nays,

         8       2.  Senators Bonacic and Larkin recorded in

         9       the negative.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 793, Senator Leibell moves to

        14       discharge, from the Committee on Codes,

        15       Assembly Bill Number 8096 and substitute it

        16       for the identical Senate Bill Number 5084,

        17       Third Reading Calendar 793.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       793, by Member of the Assembly Galef, Assembly

        22       Print Number 8096, an act to amend the

        23       Criminal Procedure Law.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6163



         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, 58.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 794, Senator Morahan moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Print Number 2756A and substitute it

        14       for the identical Senate Bill Number 5158A,

        15       Third Reading Calendar 794.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       794, by Member of the Assembly Rabbitt,

        20       Assembly Print Number 2756A, an act to

        21       authorize.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6164



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.  Nays,

         6       1.  Senator Bonacic recorded in the negative.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 795, Senator Winner moves to

        11       discharge, from the Committee on Rules,

        12       Assembly Bill Number 7868 and substitute it

        13       for the identical Senate Bill Number 5302,

        14       Third Reading Calendar 795.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       795, by Member of the Assembly O'Mara,

        19       Assembly Print Number 7868, an act to amend

        20       the Criminal Procedure Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6165



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 57.  Nays,

         5       1.  Senator Duane recorded in the negative.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 796, Senator Winner moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 8019A and substitute it

        12       for the identical Senate Bill Number 5304A,

        13       Third Reading Calendar 796.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       796, by Member of the Assembly O'Mara,

        18       Assembly Print Number 8019A, an act to

        19       authorize.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6166



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 58.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 797, Senator Morahan moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 7579A and substitute it

        11       for the identical Senate Bill Number 5309A,

        12       Third Reading Calendar 797.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       797, by Member of the Assembly Jaffee,

        17       Assembly Print Number 7579A, an act to

        18       authorize.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6167



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 58.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 798, Senator Morahan moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Print Number 7580A and substitute it

         9       for the identical Senate Print Number 5322A,

        10       Third Reading Calendar 798.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       798, by Member of the Assembly Jaffee,

        15       Assembly Print Number 7580A, an act to

        16       authorize.

        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, 57.  Nays,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6168



         1       1.  Senator Bonacic recorded in the negative.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 799, Senator Morahan moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 2757 and substitute it

         8       for the identical Senate Bill Number 5331,

         9       Third Reading Calendar 799.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       799, by Member of the Assembly Rabbitt,

        14       Assembly Print Number 2757, an act to

        15       authorize.

        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, 57.  Nays,

        24       1.  Senator Bonacic recorded in the negative.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6169



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 800, Senator Morahan moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Bill Number 7751A and substitute it

         7       for the identical Senate Bill Number 5336A,

         8       Third Reading Calendar 800.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       800, by Member of the Assembly Rabbitt,

        13       Assembly Print Number 7751A, an act to

        14       authorize.

        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, 57.  Nays,

        23       1.  Senator Bonacic recorded in the negative.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6170



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 801, Senator Morahan moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 7750A and substitute it

         6       for the identical Senate Bill Number 5337A,

         7       Third Reading Calendar 801.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       801, by Member of the Assembly Rabbitt,

        12       Assembly Print Number 7750A, an act to

        13       authorize the Town of Ramapo.

        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, 57.  Nays,

        22       1.  Senator Bonacic recorded in the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6171



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 803, Senator LaValle moves to

         3       discharge, from the Committee on Judiciary,

         4       Assembly Bill Number 7288 and substitute it

         5       for the identical Senate Bill Number 5358,

         6       Third Reading Calendar 803.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       803, by Member of the Assembly Pretlow,

        11       Assembly Print Number 7288, an act in relation

        12       to authorizing.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 58.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 804, Senator Volker moves to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6172



         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 8132 and substitute it

         3       for the identical Senate Bill Number 5362,

         4       Third Reading Calendar 804.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       804, by Member of the Assembly Errigo,

         9       Assembly Print Number 8132, an act to

        10       authorize the funding.

        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, 58.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 805, Senator Libous moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 8020A and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6173



         1       for the identical Senate Bill Number 5397A,

         2       Third Reading Calendar 805.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       805, by Member of the Assembly O'Mara,

         7       Assembly Print Number 8020A, an act to

         8       authorize.

         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, 58.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 806, Senator Valesky moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 8017 and substitute it

        24       for the identical Senate Bill Number 5405,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6174



         1       Third Reading Calendar 806.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       806, by Member of the Assembly Magee, Assembly

         6       Print Number 8017, an act to amend Chapter 342

         7       of the Laws of 2005.

         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, 58.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 807, Senator Klein moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 8114A and substitute it

        22       for the identical Senate Bill Number 5436A,

        23       Third Reading Calendar 807.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6175



         1       Substitution ordered.

         2                  THE SECRETARY:    Calendar Number

         3       807, by Member of the Assembly Canestrari,

         4       Assembly Print Number 8114A, an act to amend

         5       the Public Authorities 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, 58.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 808, Senator Addabbo moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 5651A and substitute it

        20       for the identical Senate Bill Number 5443A,

        21       Third Reading Calendar 808.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6176



         1       808, by Member of the Assembly Pheffer,

         2       Assembly Print Number 5651A, an act

         3       authorizing the City of New York.

         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, 58.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 809, Senator Duane moves to

        17       discharge, from the Committee on Rules,

        18       Assembly Bill Number 8573 and substitute it

        19       for the identical Senate Bill Number 5450,

        20       Third Reading Calendar 809.

        21                  ACTING PRESIDENT VALESKY:

        22       Substitution ordered.

        23                  THE SECRETARY:    Calendar Number

        24       809, by Member of the Assembly Rosenthal,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6177



         1       Assembly Print Number 8573, an act to amend

         2       the New York State Medical Care Facilities

         3       Finance Agency Act.

         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, 58.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 810, Senator Larkin moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 8272 and substitute it

        18       for the identical Senate Bill Number 5458,

        19       Third Reading Calendar 810.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       810, by Member of the Assembly Skartados,

        24       Assembly Print Number 8272, an act to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6178



         1       authorize.

         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, 58.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 811, Senator Libous moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 8286 and substitute it

        17       for the identical Senate Bill Number 5490,

        18       Third Reading Calendar 811.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       811, by Member of the Assembly Crouch,

        23       Assembly Print Number 8286, an act to

        24       authorize.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6179



         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, 58.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 812, Senator DeFrancisco moves

        14       to discharge, from the Committee on Rules,

        15       Assembly Bill Number 8379A and substitute it

        16       for the identical Senate Bill Number 5506A,

        17       Third Reading Calendar 812.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       812, by Member of the Assembly Barclay,

        22       Assembly Print Number 8379A, an act to amend

        23       Chapter 607 of the Laws of 2004.

        24                  ACTING PRESIDENT VALESKY:    There



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6180



         1       is a home-rule message at the desk.

         2                  Read the last section.

         3                  SENATOR DUANE:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 813, Senator Savino moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 7993 and substitute it

        10       for the identical Senate Bill Number 5541,

        11       Third Reading Calendar 813.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       813, by Member of the Assembly Abbate,

        16       Assembly Print Number 7993, an act to amend

        17       the Retirement and Social Security 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.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6181



         1                  THE SECRETARY:    Ayes, 58.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 814, Senator Farley moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 8354 and substitute it

         8       for the identical Senate Bill Number 5555,

         9       Third Reading Calendar 814.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       814, by Member of the Assembly Amedore,

        14       Assembly Print Number 8354, an act to amend

        15       the Criminal Procedure Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 58.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6182



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 815, Senator Fuschillo moves

         4       to discharge, from the Committee on Rules,

         5       Assembly Bill Number 8356 and substitute it

         6       for the identical Senate Bill Number 5556,

         7       Third Reading Calendar 815.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       815, by Member of the Assembly Walker,

        12       Assembly Print Number 8356, an act in relation

        13       to a real property tax exemption.

        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, 58.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6183



         1       Calendar Number 816, Senator Libous moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 8370 and substitute it

         4       for the identical Senate Bill Number 5581,

         5       Third Reading Calendar 816.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       816, by Member of the Assembly Lupardo,

        10       Assembly Print Number 8370, an act to

        11       authorize.

        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, 58.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 817, Senator Larkin moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6184



         1       Assembly Bill Number 8600 and substitute it

         2       for the identical Senate Bill Number 5602,

         3       Third Reading Calendar 817.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       817, by Member of the Assembly Rabbitt,

         8       Assembly Print Number 8600, an act to

         9       authorize the Village of Monroe.

        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, 58.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 818, Senator McDonald moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Print Number 8588 and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6185



         1       for the identical Senate Bill Number 5654,

         2       Third Reading Calendar 818.

         3                  SENATOR MONTGOMERY:    Lay it

         4       aside.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered, and the bill is laid

         7       aside.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 819, Senator McDonald moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 8589 and substitute it

        12       for the identical Senate Bill Number 5655,

        13       Third Reading Calendar 819.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       819, by Member of the Assembly Gordon,

        18       Assembly Print Number 8589, an act to

        19       legalize, validate, ratify and confirm.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6186



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 58.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 820, Senator Larkin moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 8669 and substitute it

        11       for the identical Senate Bill Number 5703,

        12       Third Reading Calendar 820.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       820, by Member of the Assembly Rabbitt,

        17       Assembly Print Number 8669, an act to amend

        18       the Town Law.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6187



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 58.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 821, Senator Oppenheimer moves

         7       to discharge, from the Committee on Rules,

         8       Assembly Bill Number 8580 and substitute it

         9       for the identical Senate Bill Number 5713,

        10       Third Reading Calendar 821.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       821, by Member of the Assembly Bradley,

        15       Assembly Print Number 8580, an act to amend

        16       the County 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.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6188



         1                  THE SECRETARY:    Ayes, 58.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 822, Senator Oppenheimer moves

         6       to discharge, from the Committee on Rules,

         7       Assembly Bill Number 8637 and substitute it

         8       for the identical Senate Bill Number 5730,

         9       Third Reading Calendar 822.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       822, by Member of the Assembly Latimer,

        14       Assembly Print Number 8637, an act to amend

        15       the Criminal Procedure Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 57.  Nays,

        24       1.  Senator Duane recorded in the negative.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6189



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 823, Senator Saland moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Bill Number 8661 and substitute it

         7       for the identical Senate Bill Number 5735,

         8       Third Reading Calendar 823.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       823, by Member of the Assembly Molinaro,

        13       Assembly Print Number 8661, an act to

        14       authorize the Town of Austerlitz.

        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, 58.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6190



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 825, Senator Valesky moves to

         4       discharge, from the Committee on Commerce,

         5       Economic Development and Small Business,

         6       Assembly Print Number 7368 and substitute it

         7       for the identical Senate Bill Number 5749,

         8       Third Reading Calendar 825.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       825, by Member of the Assembly Schimminger,

        13       Assembly Print Number 7368, an act to amend

        14       Chapter 192 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:    In relation to

        23       Calendar Number 825:  Ayes, 57.  Nays, 1.

        24       Senator Dilan recorded in the negative.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6191



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 826, Senator Leibell moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Bill Number 8387A and substitute it

         7       for the identical Senate Bill Number 5762A,

         8       Third Reading Calendar 826.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       826, by Member of the Assembly Bradley,

        13       Assembly Print Number 8387A, an act in

        14       relation to creating.

        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, 58.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6192



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 827, Senator Leibell moves to

         3       discharge, from the Committee on Rules,

         4       Assembly Bill Number 8097 and substitute it

         5       for the identical Senate Bill Number 5763,

         6       Third Reading Calendar 827.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       827, by Member of the Assembly Galef, Assembly

        11       Print Number 8097, an act to authorize.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 57.  Nays,

        20       1.  Senator Bonacic recorded in the negative.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 828, Senator Marcellino moves



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6193



         1       to discharge, from the Committee on Rules,

         2       Assembly Bill Number 8729A and substitute it

         3       for the identical Senate Bill Number 5769A,

         4       Third Reading Calendar 828.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       828, by Member of the Assembly Lavine,

         9       Assembly Print Number 8729A, an act to amend

        10       the Public Authorities 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, 58.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 829, Senator Little moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 8725 and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6194



         1       for the identical Senate Bill Number 5780,

         2       Third Reading Calendar 829.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       829, by Member of the Assembly Jordan,

         7       Assembly Print Number 8725, an act to

         8       legalize, validate, ratify and confirm.

         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                  THE SECRETARY:    Ayes, 57.  Nays,

        17       1.  Senator Dilan recorded in the negative.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 830, Senator Serrano moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 8599A and substitute it

        24       for the identical Senate Bill Number 5810A,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6195



         1       Third Reading Calendar 830.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       830, by Member of the Assembly Powell,

         6       Assembly Print Number 8599A, an act to amend

         7       the Public Authorities Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 58.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 831, Senator Libous moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 8774 and substitute it

        22       for the identical Senate Bill Number 5816,

        23       Third Reading Calendar 831.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6196



         1       Substitution ordered.

         2                  THE SECRETARY:    Calendar Number

         3       831, by Member of the Assembly Crouch,

         4       Assembly Print Number 8774, an act to

         5       authorize the Village of New Berlin.

         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, 58.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 832, Senator Bonacic moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 8767A and substitute it

        21       for the identical Senate Bill Number 5828A,

        22       Third Reading Calendar 832.

        23                  ACTING PRESIDENT VALESKY:

        24       Substitution ordered.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6197



         1                  THE SECRETARY:    Calendar Number

         2       832, by Member of the Assembly Gunther,

         3       Assembly Print Number 8767A, an act to amend

         4       the Tax 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                  ACTING PRESIDENT VALESKY:

        13       Senator Bonacic, to explain his vote.

        14                  SENATOR BONACIC:    This

        15       legislation we believe will create 1500 jobs

        16       in Sullivan County over a three-year period.

        17                  I want to thank Senator Klein, who

        18       worked with me to help advance this

        19       legislation.

        20                  I'm going to vote in the

        21       affirmative.  Thank you.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Bonacic to be recorded in the

        24       affirmative.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6198



         1                  The Secretary will announce the

         2       results.

         3                  THE SECRETARY:    Ayes, 58.  Nays,

         4       0.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 833, Senator Huntley moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 8768 and substitute it

        11       for the identical Senate Bill Number 5830,

        12       Third Reading Calendar 833.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       833, by Member of the Assembly Rivera,

        17       Assembly Print Number 8768, an act to amend

        18       the Public Authorities Law.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6199



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 58.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 834, Senator Farley moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 4421A and substitute it

         9       for the identical Senate Bill Number 5840,

        10       Reading Calendar 834.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       834, by Member of the Assembly Butler,

        15       Assembly Print Number 4421A, an act to amend

        16       Chapter 148 of the Laws of 2001.

        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.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6200



         1                  THE SECRETARY:    Ayes, 58.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 835, Senator Libous moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 8890 and substitute it

         8       for the identical Senate Bill Number 5867A,

         9       Third Reading Calendar 835.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       835, by Member of the Assembly Lupardo,

        14       Assembly Print Number 8890, an act in relation

        15       to creating.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 58.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6201



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 836, Senator LaValle moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Print Number 8368A and substitute it

         6       for the identical Senate Bill Number 5899,

         7       Third Reading Calendar 836.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       836, by Member of the Assembly Alessi,

        12       Assembly Print Number 8368A, an act to amend

        13       Chapter 924 of the Laws of 1941.

        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, 58.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6202



         1       Calendar Number 837, Senator Morahan moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 8815 and substitute it

         4       for the identical Senate Bill Number 5903,

         5       Third Reading Calendar 837.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       837, by Member of the Assembly Zebrowski,

        10       Assembly Print Number 8815, an act to amend

        11       the Town Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 58.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 838, Senator Morahan moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6203



         1       Assembly Bill Number 7773A and substitute it

         2       for the identical Senate Bill Number 5904,

         3       Third Reading Calendar 838.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       838, by Member of the Assembly Rabbitt,

         8       Assembly Print Number 7773A, an act to

         9       authorize.

        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, 57.  Nays,

        18       1.  Senator Bonacic recorded in the negative.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 839, Senator Morahan moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 7775A and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6204



         1       for the identical Senate Bill Number 5905,

         2       Third Reading Calendar 839.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       839, by Member of the Assembly Rabbitt,

         7       Assembly Print Number 7775A, an act to

         8       authorize the Town of Ramapo.

         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                  THE SECRETARY:    Ayes, 57.  Nays,

        17       1.  Senator Bonacic recorded in the negative.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       840, by Senator Foley, Senate Print 5948, an

        22       act to amend the Real Property Tax Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6205



         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, 58.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 841, Senator Aubertine moves

        11       to discharge, from the Committee on Rules,

        12       Assembly Bill Number 8967 and substitute it

        13       for the identical Senate Bill Number 5951,

        14       Third Reading Calendar 841.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       841, by Member of the Assembly Russell,

        19       Assembly Print Number 8967, an act to

        20       legalize, validate, ratify and confirm.

        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



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6206



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 58.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 842 --

        10                  SENATOR YOUNG:    Lay it aside.

        11                  ACTING PRESIDENT VALESKY:    Could

        12       we take the substitution up first, please.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 842, Senator Schneiderman

        15       moves to discharge, from the Committee on

        16       Rules, Assembly Bill Number 8956A and

        17       substitute it for the identical Senate Bill

        18       Number 6003A, Third Reading Calendar 842.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitution ordered, and the bill is laid

        21       aside.

        22                  Senator Klein, that completes the

        23       noncontroversial reading of the active bills

        24       on Senate Calendar Number 61.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6207



         1                  The Secretary will return and put

         2       Calendar Number 644 before the house.  I

         3       believe Senator Hannon is withdrawing his

         4       lay-aside.

         5                  THE SECRETARY:    Calendar Number

         6       644, by Senator Klein, Senate Print 5622, an

         7       act to amend Part R-1 of Chapter 57 of the

         8       Laws of 2009.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 3.  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, 58.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President,

        21       concerning Calendar 842, Senator

        22       Schneiderman's bill, can we lay the bill aside

        23       temporarily.

        24                  ACTING PRESIDENT VALESKY:    That



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6208



         1       bill has already been laid aside, Senator

         2       Klein, I believe by Senator Young.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Madam President,

         6       at this time can we take up a reading of the

         7       controversial calendar.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       If the Secretary would please ring the bells,

        10       members are all asked to come to the chamber

        11       for the controversial reading of active bills

        12       on the calendar.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       78, by Member of the Assembly Clark, Assembly

        16       Print Number 1968, an act in relation --

        17                  SENATOR KLEIN:    Lay the bill

        18       aside for the day, please.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       377, by Member of the Assembly Millman,

        23       Assembly Print Number 301, an act to amend the

        24       Public Health Law and the Insurance Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6209



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  SENATOR LIBOUS:    Explanation.

         4                  SENATOR DUANE:    Lay it aside for

         5       the day, please.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is laid aside for the day.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       396, substituted earlier today by Member of

        11       the Assembly Galef, Assembly Print Number

        12       7347, an act to amend the Election Law.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Read the last section.

        15                  SENATOR LIBOUS:    Explanation,

        16       please.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       An explanation has been requested.

        19                  SENATOR LIZ KRUEGER:    Thank you,

        20       Madam President.

        21                  This bill adds the words "writing

        22       in a letter, telefax or other written

        23       instrument" to Election Law --

        24                  SENATOR LIBOUS:    Madam President.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6210



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Libous.

         3                  SENATOR LIBOUS:    Madam President,

         4       I'm sorry, but Senator Krueger, we can't hear

         5       you at all over here.

         6                  SENATOR LIZ KRUEGER:    I will try

         7       to speak up for you, Senator Libous.

         8                  SENATOR LIBOUS:    Thank you.

         9       We're very anxious to hear what you have to

        10       say, and we really want to hear.

        11                  SENATOR LIZ KRUEGER:    And I'm

        12       anxious to share with you.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Krueger.

        15                  SENATOR LIZ KRUEGER:    Thank you,

        16       Madam President.

        17                  This bill adds the words "writing

        18       in a letter, telefax or other written

        19       instrument" to Election Law Section 8-400,

        20       paragraph 2, paragraph D.

        21                  What it does, it allows voters to

        22       request an absentee ballot not only by

        23       appearing in person or through a written

        24       letter but through being allowed to telefax --



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6211



         1       what we know as fax -- the request into the

         2       Board of Election.

         3                  This is technically a 21st century

         4       modernization to what already is standard in

         5       law, allowing a signature to be signed onto

         6       the application for the absentee ballot, and

         7       the voter either has to go into the office or

         8       mail it into the office.

         9                  And this will increase the ability

        10       of voters to get their requests into the Board

        11       of Election at both less cost and potentially

        12       less of a problem for them getting to the

        13       offices.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you, Senator.

        16                  Are there any other Senators

        17       wishing to be heard on the bill?

        18                  Hearing none, then the debate is

        19       closed.  The Secretary will please ring the

        20       bells.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect on the first of January

        24       next succeeding.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6212



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Krueger, to explain her vote.

         6                  SENATOR LIZ KRUEGER:    Thank you

         7       very much.

         8                  I'm very proud to be sponsoring

         9       this bill today.  And when I made the

        10       explanation earlier, perhaps I also didn't

        11       mention probably the greatest number of people

        12       who will be impacted by this bill -- which

        13       passed 143 to zero in the Assembly -- are our

        14       military members.

        15                  This assures that military voters

        16       who request and receive absentee ballots can

        17       in fact use our fax machines to get their

        18       absentee ballot requests back here to the

        19       United States of America.

        20                  We know that there's enormous

        21       problems with mail and timelines of

        22       time-sensitive mail for our U.S. military

        23       throughout the world.  In 2001, the GAO

        24       estimated 6.1 million citizens, including



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6213



         1       almost 3 million active military personnel and

         2       their relatives, lived overseas, and they have

         3       a disproportionately more difficult time being

         4       able to file their absentee ballot requests.

         5                  So I'm very pleased and hope that

         6       this bill will pass because it means so much

         7       to our men and women in the military

         8       throughout the world in ensuring they have the

         9       right to vote while they are protecting our

        10       interests around the world.

        11                  Thank you, Madam President.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Klein.

        14                  SENATOR KLEIN:    Madam President,

        15       can I make a motion to withdraw the roll and

        16       lay the bill aside for the day.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       We will withdraw the roll, and we will lay the

        19       bill aside for the day.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       445, substituted earlier today by Member of

        23       the Assembly Abbate, Assembly Print Number

        24       7170A, an act to amend the Civil Service Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6214



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  SENATOR LIBOUS:    Explanation.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       An explanation has been requested, Senator

         6       Savino.

         7                  SENATOR SAVINO:    Thank you, Madam

         8       President.

         9                  This bill would seek to amend the

        10       Civil Service Law in relation to the duration

        11       of probationary periods and disciplinary

        12       hearings for employees who are members of the

        13       noncompetitive class in the HHC, the Health

        14       and Hospitals Corporation of the City of

        15       New York.

        16                  Currently, under Civil Service Law,

        17       noncompetitive employees have to serve five

        18       years' probation prior to the ability to have

        19       due process rights.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Again, order, please, so we can hear the

        22       explanation.

        23                  SENATOR SAVINO:    Thank you, Madam

        24       President.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6215



         1                  Currently, noncompetitive class

         2       employees who serve anywhere in the civil

         3       service system have to serve five years of

         4       probation prior to having obtained the right

         5       to have disciplinary rights or Section 75

         6       rights under Section 75 of the Civil Service

         7       Law.

         8                  So what this bill would do is it

         9       would shrink that period of time to one year,

        10       mirroring the same probationary period that

        11       applies to employees who serve in the

        12       competitive class system.  It's predicated on

        13       the idea that one year is enough of a period

        14       of time for an employer to determine that an

        15       employee should be retained, they've reached

        16       satisfactory levels, and that five years is

        17       too long.

        18                  In fact, I understand there are

        19       some who believe that I should take this and

        20       apply it to all employees who serve under the

        21       civil service system statewide in the

        22       noncompetitive class system.  I actually

        23       agree; I think we should.  I don't think we're

        24       quite ready to get there yet, though.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6216



         1                  And in fact, two years ago when

         2       Senator Robach was chair of the Civil Service

         3       and Pensions Committee and I was the ranker,

         4       we moved a piece of legislation through that

         5       committee that tasked the State Civil Service

         6       Commission, the city Department of Citywide

         7       Administrative Services, and other

         8       municipalities and localities to develop a

         9       plan to reduce the number of provisional

        10       employees serving all around the state who are

        11       exceeding the 24-month period of time.

        12                  We asked them to do that because

        13       many localities -- a little order, please --

        14       many localities had taken to hiring people in

        15       the competitive class positions, which are

        16       positions where people must be tested for

        17       merit and fitness, hiring them under

        18       provisional status and never moving them into

        19       the permanent status by scheduling civil

        20       service exams, moving them off those lists,

        21       appointing them as probably permanenters, and

        22       allowing them to obtain permanent status and

        23       therefore due process rights and protections.

        24                  In response to that, over the years



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6217



         1       many collective bargaining agents around the

         2       state negotiated extra protections for those

         3       workers.  Those who served in a provisional

         4       title in a competitive class position for more

         5       than 24 months, their unions were able to

         6       negotiate with those localities and

         7       municipalities due process rights similar to

         8       those in Section 75 of Civil Service Law.

         9                  And they enjoyed that for several

        10       years, until a decision in a case out in Long

        11       Beach was rendered about three years ago,

        12       saying that a union cannot negotiate a better

        13       benefit or more protection than the law

        14       provides.

        15                  And what this Legislature did, when

        16       Senator Robach was the chair, we directed the

        17       localities to come up with a five-year plan to

        18       reduce the number of people serving in

        19       competitive class positions as provisional

        20       employees within five years.

        21                  They've recently shared with us,

        22       through the Civil Service Commission, the

        23       results of that plan to date.  And what we

        24       have found -- and we've talked about this in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6218



         1       the Civil Service Committee; we've even

         2       discussed having a hearing on this -- instead

         3       of the localities scheduling exams, moving

         4       people in competitive class positions, moving

         5       them into probable permanent status,

         6       eventually obtaining permanency and due

         7       process rights and security, what they've done

         8       is they've sought to reclassify hundreds of

         9       competitive class positions to the

        10       noncompetitive titles.  And the reason they

        11       did that is because noncompetitive employees

        12       serve at will for up to five years.

        13                  Now, what's at stake here -- and I

        14       believe this is the shot across the bow.

        15       We're taking on the city's HHC, and I think

        16       that this Senate --

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Again, I'd like, please, some order.

        19                  SENATOR SAVINO:    I believe that

        20       this Senate, along with the Assembly, should

        21       demand that the State Civil Service Commission

        22       reject the findings of that report and demand

        23       that they actually adhere to the law and

        24       uphold the concept of merit and fitness, which



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6219



         1       is how average constituents in all of our

         2       districts have the opportunity to compete

         3       among their peers, get a job, and be able to

         4       obtain security and due process rights.

         5       That's what this bill is really about.

         6                  So we're sending a message to the

         7       HHC, we're starting there:  Don't attempt to

         8       circumvent the competitive class system

         9       replacing those employees with noncompetitive

        10       employees who really serve at will.

        11                  Thank you.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you, Senator.

        14                  Senator Hannon.

        15                  SENATOR HANNON:    On the bill,

        16       Madam President.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Hannon, on the bill.

        19                  SENATOR HANNON:    I have a couple

        20       of problems with this bill.  Not because of

        21       what it would do -- because I'm sure the

        22       people that it affects feel and have merited

        23       the rights that would be granted -- but rather

        24       that it's arrived at not through collective



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6220



         1       bargaining.  That it is trying to be imposed

         2       as going around collective bargaining.

         3                  Despite this convoluted explanation

         4       by the sponsor as to sending messages and

         5       reports and all of that, the basic thing is it

         6       grants a right directly, it gives that right

         7       without the collective bargaining.  It sets a

         8       bad precedent to do it without collective

         9       bargaining.  It allows the management to come

        10       back, they may want to impose or take away

        11       things without collective bargaining.  I think

        12       it undercuts a property that we've established

        13       in public policy.

        14                  Furthermore, I think technically

        15       this bill is totally flawed.  It would reduce

        16       the probationary period five years to one

        17       year, but it takes effect immediately.  When

        18       does the one year begin?  From their time of

        19       employment?  From the time of the bill?  Who

        20       is affected?  How is the class affected?  It

        21       just leaves chaos in its wake.

        22                  For that reason, I'd be against the

        23       bill.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6221



         1       Thank you, Senator.

         2                  Are there any other Senators

         3       wishing to be heard on the bill?

         4                  Hearing none, the debate is closed.

         5       The Secretary will please ring the bell.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Call the roll.

        11                  (The Secretary called the roll.)

        12                  SENATOR SAVINO:    Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Savino.

        15                  SENATOR SAVINO:    Thank you, Madam

        16       President.

        17                  Obviously I have not done a good

        18       enough job convincing my colleagues of the

        19       importance of this bill, and I have some work

        20       yet to do on it.  So I would request that we

        21       withdraw the roll call and lay the bill aside

        22       for the day so I can continue to work on

        23       convincing my colleagues of how important this

        24       is.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6222



         1                  Thank you.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The roll call will be withdrawn, and the bill

         4       is laid aside for the day.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       486, substituted earlier today by Member of

         8       the Assembly Schroeder, Assembly Print Number

         9       2247B, an act in relation to authorizing and

        10       directing.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  SENATOR DeFRANCISCO:

        14       Explanation.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       An explanation has been requested, Senator

        17       Stachowski.

        18                  SENATOR STACHOWSKI:    This bill

        19       calls for the Department of Labor to do a

        20       study on hostile behavior and consequences of

        21       that behavior in the workplace.  It would do

        22       the study over the course of a year and come

        23       back with a report on the hostile behavior

        24       they find in various workplaces and also a



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6223



         1       list of recommendations and how to deal with

         2       those hostile situations.

         3                  This would save businesses money in

         4       the long run.  It would prevent, hopefully

         5       prevent violent situations that often erupt in

         6       the workplace.  And the cost would be far

         7       exceeded in the savings that would accrue from

         8       the prevention of future violent behavior in

         9       various work situations.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Thank you, Senator.

        12                  Are there any other Senators

        13       wishing to be heard on the bill?

        14                  Hearing none, the debate is closed.

        15                  The Secretary will ring the bells.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator DeFrancisco, to explain his vote.

        24                  Again, please, let's be courteous



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6224



         1       to each other.

         2                  Senator DeFrancisco.

         3                  SENATOR DeFRANCISCO:    Yes, I'm

         4       voting no on this bill.

         5                  There's been study after study that

         6       we have authorized over the years, and I don't

         7       think we have the luxury of studies worth

         8       $300,000 or a million dollars, like an earlier

         9       bill was, when we're in a deficit situation

        10       that keeps growing.

        11                  So I'm going to vote no because of

        12       the financial circumstances of the state at

        13       the present time.

        14                  Thank you.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator.  Senator DeFrancisco to be

        17       recorded in the negative.

        18                  Announce the results.

        19                  THE SECRETARY:    Those recorded in

        20       the negative on Calendar Number 486 are

        21       Senators DeFrancisco, Golden, Little, Seward,

        22       Skelos and Winner.  Also Senator Nozzolio.

        23       Also Senator Saland.  Also voting in the

        24       negative, Senator Bonacic.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6225



         1                  Absent from voting, Senators Diaz

         2       and C. Kruger.  Excused from voting, Senators

         3       Foley, O. Johnson and Squadron.

         4                  Ayes, 48.  Nays, 9.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The bill is passed.

         7                  The Secretary will continue to

         8       read.

         9                  THE SECRETARY:    Calendar Number

        10       564, substituted earlier today by Member of

        11       the Assembly Hoyt, Assembly Print Number 695A,

        12       an act to amend the General Municipal Law.

        13                  SENATOR DeFRANCISCO:

        14       Explanation.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       An explanation has been requested, Senator

        17       Valesky.

        18                  SENATOR VALESKY:    Yes, Madam

        19       President.  This legislation is designed to

        20       clarify existing state law and provide an

        21       additional tool for local governments, cities,

        22       villages across the state who are anxious to

        23       be able to enhance their downtowns and other

        24       neighborhoods, through clarifying that



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6226



         1       regulations adopted by those local governments

         2       may prohibit improper maintenance of a

         3       historical place or building or work of art

         4       from substantial deterioration.

         5                  We have found across the state in

         6       many communities that historical buildings

         7       that have suffered or continue to suffer from

         8       substantial deterioration, which the bill

         9       defines, have a direct result on the quality

        10       of life in those communities.

        11                  So again, this is intended to be a

        12       tool to allow those local governments the

        13       opportunity to strengthen those local laws.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you, Senator.

        16                  Senator DeFrancisco, why do you

        17       rise?

        18                  SENATOR DeFRANCISCO:    Yes, I

        19       rise -- I'm going to vote against this bill,

        20       and the reason is as follows.

        21                  There are owners who have historic

        22       buildings that they own and it's so

        23       restrictive as far as what you can do in many

        24       instances with these buildings.  That, to me,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6227



         1       is the reason why many of these buildings

         2       remain vacant for years and years and years,

         3       so that the owner cannot do what the owner

         4       wants to do with his or her property.  And

         5       what happens, it does deteriorate and there

         6       are problems.  There was a building in our

         7       city, Dave Valesky's city and mine, Syracuse,

         8       at the corner of Butternut Street and Park

         9       Street, for years that was basically, in my

        10       judgment, historic junk.  The owner wanted to

        11       do something with it which would have

        12       rehabilitated the building, but it had some

        13       name associated with it and therefore was

        14       considered historic.

        15                  Well, years went by and it

        16       deteriorated substantially, and eventually

        17       permission was given after years to knock it

        18       down.

        19                  The reason that it deteriorated

        20       wasn't because the city didn't have another

        21       authority to try to convince them to keep this

        22       property from deteriorating.  The reason it

        23       deteriorated was because the owner wasn't

        24       allowed to do what he could do economically



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6228



         1       with the property to make it viable.

         2                  To give the city another tool in

         3       this situation, in the situation where I can't

         4       use my property the way I want so economically

         5       it's a loser -- and now the city is going to

         6       come in and say too bad, the historic rules

         7       say you can't do anything except X, Y and Z

         8       with the property, now we're also going to

         9       require you in your business, that makes no

        10       sense, is to start putting more money into a

        11       loss.

        12                  And eventually what's going to

        13       happen, I think, with more tools like this,

        14       after preventing a landowner from what they

        15       can do with their property, is more buildings

        16       are going to deteriorate.  And I think what we

        17       need really is reason on behalf of some of

        18       these organizations that declare structures

        19       historic in being flexible as to what they can

        20       do economically with the building.

        21                  So I'm going to vote against this

        22       bill for that reason.  And I would urge others

        23       to consider that logic in making their vote as

        24       well.  Thank you.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6229



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator DeFrancisco to be recorded in the

         3       negative.

         4                  Senator Padavan.

         5                  SENATOR PADAVAN:    Yes, will the

         6       sponsor yield to a question?

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Valesky, will you yield for a

         9       question?

        10                  SENATOR VALESKY:    Certainly.

        11                  SENATOR PADAVAN:    Senator, in my

        12       district we have a place called Fort Totten,

        13       which was excessed by the federal government,

        14       taken over now by the City of New York.  It's

        15       now a park.  In the middle of it is the

        16       original home of the commandant of Fort

        17       Totten, goes back a hundred-and-some-odd

        18       years.  It's a landmark.  The problem is it's

        19       falling down, it's falling apart, it's

        20       deteriorating.

        21                  To the government of the City of

        22       New York, who owns the property, we say, Why

        23       don't you stabilize it and, if at all

        24       possible, restore it?  They say:  We don't



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6230



         1       have the money to do it.  We'd love to, but we

         2       don't have the funds.

         3                  Now, tell me how your bill will

         4       help solve that problem.

         5                  SENATOR VALESKY:    Senator

         6       Padavan, and through you, Madam President, I

         7       don't believe this bill would help solve that

         8       problem.  I don't believe --

         9                  SENATOR PADAVAN:    Therefore, in

        10       what way -- excuse me.  If you would yield

        11       again.

        12                  SENATOR VALESKY:    If I can finish

        13       my answer, Senator.

        14                  SENATOR PADAVAN:    Oh, you weren't

        15       finished.  All right, go ahead.

        16                  SENATOR VALESKY:    This bill does

        17       not address an historic property that is owned

        18       by a locality.  It is intended to address an

        19       historic property owned by a private entity.

        20                  SENATOR PADAVAN:    All right,

        21       Senator, would you yield again?

        22                  SENATOR VALESKY:    Yes.

        23                  SENATOR PADAVAN:    Well, let's say

        24       that private entity, like the City of New York



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6231



         1       Parks Department, says that we don't have the

         2       money to do it; we'd love to do it, but we

         3       don't have the funds to do it with.  How do

         4       you overcome that difficulty?

         5                  SENATOR VALESKY:    Madam

         6       President, through you, I think that the

         7       legislation, should it become law, would

         8       provide the local government with the

         9       additional tool to provide additional pressure

        10       on the owner of the property to make the

        11       necessary improvements to prevent it from

        12       deteriorating from substantial neglect.

        13                  SENATOR PADAVAN:    Madam

        14       President, on the bill, if I may.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Padavan, on the bill.

        17                  SENATOR PADAVAN:    I'm certainly

        18       sympathetic, and the record clearly shows that

        19       in my area and elsewhere we have been involved

        20       with restorations of significant magnitude,

        21       throughout my district and throughout the

        22       city.  So I support the thrust of what you're

        23       trying to do.

        24                  But the fact remains unless you



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6232



         1       back it up with some tangible assets so that

         2       property owners, whether they be the City of

         3       New York or a private owner who justifies and

         4       clearly indicates that they don't have the

         5       resources to do what you'd like them to do,

         6       unless you put that money here or some fund or

         7       access to some resource, then the bill really

         8       has very limited value, unfortunately.  I wish

         9       it didn't.

        10                  And so for that reason I'm going to

        11       vote no.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Padavan to be recorded in the

        14       negative.

        15                  Are there any other Senators

        16       wishing to be heard on the bill?

        17                  Senator Maziarz.

        18                  SENATOR MAZIARZ:    Madam

        19       President, I understand very well my

        20       colleagues Senator DeFrancisco and Senator

        21       Padavan's questions and concerns about this

        22       bill.  I had some of those similar concerns

        23       until I saw that last year this was a Maziarz

        24       bill.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6233



         1                  So on the balance, I think it's a

         2       good bill, and I'm going to vote in favor of

         3       it, Madam President.  Thank you.

         4                  (Laughter.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Maziarz to be recorded in the

         7       affirmative.

         8                  Any other Senators wishing to be

         9       heard on the bill?

        10                  Hearing none, the debate is closed.

        11                  The Secretary will please ring the

        12       bell.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 4.  This

        15       act shall take effect on the 90th day.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator DeFrancisco, to explain his vote.

        21                  SENATOR DeFRANCISCO:    Yes.  I'm

        22       voting no.

        23                  In addition to the comments I made

        24       earlier, I think the points made by Senator



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6234



         1       Padavan indicate that this bill is basically a

         2       bill that could be another government "do as I

         3       say and not as I do," which require burdens on

         4       citizens that they don't permit them to have

         5       to suffer on their own.

         6                  Secondly, right now there are

         7       zoning ordinances and there are code

         8       requirements of buildings, whether they're

         9       vacant or not, and the cities have ample

        10       ability through existing law to make sure

        11       buildings are in safe condition.

        12                  So why give another tool to put a

        13       burden on an economic loss for a citizen when

        14       the economic loss is primarily if not solely

        15       because of the fact that the owner cannot do

        16       with his or her property what he or she

        17       chooses to do?

        18                  So I vote no.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator DeFrancisco to be recorded in the

        21       negative.

        22                  Announce the results.

        23                  THE SECRETARY:    Those recorded in

        24       the negative on Calendar Number 564 are



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6235



         1       Senators DeFrancisco, Flanagan, Golden, and

         2       Skelos.

         3                  Absent from voting, Senators Diaz

         4       and Padavan.

         5                  Ayes, 53.  Nays, 4.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  The Secretary will continue to

         9       read.

        10                  THE SECRETARY:    Calendar Number

        11       566, substituted earlier today by Member of

        12       the Assembly Galef, Assembly Print Number

        13       5276A, an act to amend the Election Law.

        14                  SENATOR VALESKY:    Lay the bill

        15       aside for the day, please.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The bill is laid aside for the day.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    Calendar Number

        21       581, by Senator Sampson, Senate Print 3708D,

        22       an act to amend the General Business Law.

        23                  SENATOR SALAND:    Explanation.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6236



         1       An explanation has been requested, Senator

         2       Sampson.

         3                  SENATOR SAMPSON:    Who has asked

         4       for the explanation, Madam President?

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Saland.

         7                  SENATOR SAMPSON:    Senator Saland,

         8       thank you very much.  I just wanted to make

         9       sure.

        10                  Basically, this bill requires

        11       licensed appearance-enhancement professionals

        12       to take continuing education classes in

        13       infections controls and transmissions.

        14                  Basically what this bill does is

        15       recognizes the need to protect the public from

        16       the spread of communicable diseases by

        17       ensuring that barbers who handle sharp

        18       instruments such as scissors and razors are

        19       adequately trained in infection controls and

        20       transmissions as well as proper methods of

        21       sanitation and sterilization.

        22                  In addition, this would require

        23       enhancement professionals to successfully

        24       complete, within three months of their



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6237



         1       application for a license, a study in

         2       infections controls as a prerequisite to

         3       receiving a license.  And this could be --

         4       proof can be shown by a certificate.

         5                  In addition, any school can be

         6       certified as a school of infection controls

         7       through approval of a course or a curriculum

         8       in sterilization and infection control by the

         9       Department of Education.

        10                  In addition, this does have a sort

        11       of an enhancement.  It says for each school of

        12       infection control shall be annually a

        13       percentage of their gross tuition, beginning

        14       in 2010 with 6 percent, and declining by

        15       1 percent each year until 2013, when at that

        16       point in time it will be 3 percent of the

        17       gross tuition.  That money shall be given to

        18       the Secretary of State to use for enforcement

        19       of this legislation.

        20                  The interesting thing about this

        21       legislation was last year it passed this house

        22       unanimously, but the Governor had vetoed it.

        23       And his concerns were addressed.  And one

        24       concern that was addressed with respect to the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6238



         1       assessment of the percentage which would allow

         2       for collection of revenue so we can assist in

         3       the enforcement.

         4                  And in addition, there was concern

         5       about whether this would be a monopoly.  And

         6       what we have shown is that there are

         7       additional schools who are ready, willing and

         8       able who can enforce this curriculum, and the

         9       only thing they have to do is to go through

        10       the Department of Education.

        11                  One more second.  And this issue,

        12       where they talked about with respect to a

        13       monopoly issue, I can give an example.  In

        14       1990, new laws were enacted regarding the

        15       courses required for barbers to be licensed to

        16       do business in the state.  At the time of the

        17       law there was only one school in the state

        18       that offered this type of course.

        19                  However, within a few months, there

        20       were seven to eight newly licensed schools who

        21       can provide these courses.  Which might have

        22       created a monopoly momentarily, but it gave

        23       the avenue in which they can go out and go to

        24       the Department of Education to take a course



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6239



         1       and thus can create more schools to deal with

         2       the infection control of disease.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Thank you, Senator.

         5                  Senator Saland.

         6                  SENATOR SALAND:    Thank you, Madam

         7       President.  Senator Sampson, I didn't hear --

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Saland, are you asking Senator Sampson

        10       to yield?

        11                  SENATOR SALAND:    Yes, Madam

        12       President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Sampson, do you yield?

        15                  SENATOR SAMPSON:    Oh, yes,

        16       Senator Saland, I yield.

        17                  SENATOR SALAND:    The example that

        18       you gave, I could not hear what school you

        19       were talking about.  You made reference to

        20       something back in 1990.

        21                  SENATOR SAMPSON:    In 1990, there

        22       were new laws that were enacted regarding the

        23       courses required for barbers to be licensed to

        24       do business in the state.  And at that time



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6240



         1       there was only one school who had offered this

         2       type of coursework.  But within a few months,

         3       seven to eight newly licensed schools were

         4       created, so thus more were given the

         5       opportunity.

         6                  And I think there was an issue with

         7       respect to the issue of a monopoly.  But what

         8       it allows is for schools to go through the

         9       Department of Education for this course so

        10       they can be duly licensed to offer these sort

        11       of classes in infection control and

        12       transmission.

        13                  SENATOR SALAND:    Thank you,

        14       Senator Sampson.  If you'll continue to yield.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Sampson, do you continue to yield?

        17                  SENATOR SAMPSON:    Yes.

        18                  SENATOR SALAND:    I'm not at all

        19       troubled by your desire to deal with issues of

        20       infection prevention, and certainly commend

        21       you for that.

        22                  Although you have not, I believe,

        23       said it, I think you've alluded to the fact

        24       that there may be only one school that's



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6241



         1       currently doing this?

         2                  SENATOR SAMPSON:    There is one

         3       school presently at this point in time.  But

         4       the Department of Education has the curriculum

         5       where those -- there are about 14 licensed

         6       proprietary schools that can offer this sort

         7       of education.  And the only thing they have to

         8       do is just go through the Department of

         9       Education, and they can offer this type of

        10       service.

        11                  SENATOR SALAND:    If the Senator

        12       will continue to yield.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Sampson, do you continue to yield?

        15                  SENATOR SAMPSON:    Certainly.

        16                  SENATOR SALAND:    So there's

        17       currently one school.  And where is that

        18       school, if you know?

        19                  SENATOR SAMPSON:    I think that

        20       school is located in Manhattan.

        21                  SENATOR SALAND:    In Manhattan?

        22                  SENATOR SAMPSON:    Yes.

        23                  SENATOR SALAND:    And you believe

        24       there might be 13 or 14 other proprietary



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6242



         1       schools that might be capable of offering this

         2       type of curriculum?

         3                  SENATOR SAMPSON:    Yes.  There are

         4       presently, at this point in time, 14 licensed

         5       proprietary schools offering this educational

         6       coursework.  I do have a list of a couple of

         7       them here.

         8                  SENATOR SALAND:    And if Senator

         9       Sampson will continue to yield.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Sampson, do you continue to yield?

        12                  SENATOR SAMPSON:    Yes, I do.

        13       Through you, Madam President, I continue to

        14       yield.

        15                  SENATOR SALAND:    Senator Sampson,

        16       who sets the tuition for this school or this

        17       type of school?

        18                  SENATOR SAMPSON:    The institution

        19       that provides this sort of service is the one

        20       who sets the price.  Presently the course is

        21       $60 per student, or $59.95.

        22                  SENATOR SALAND:    Through you,

        23       Madam Chair, if Senator Sampson will continue

        24       to yield.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6243



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Sampson, do you continue to yield?

         3                  SENATOR SAMPSON:    Yes, through

         4       you, Madam President.

         5                  SENATOR SALAND:    On page 2,

         6       beginning at line 35, there's reference to an

         7       annual assessment based on the prior year's

         8       financial statements by the Secretary of

         9       State.  Is that over and above the $60 that

        10       you referred to?  Or is that how the $60 is

        11       apparently arrived at?

        12                  SENATOR SAMPSON:    Through you,

        13       Madam President, that is not per student,

        14       that's the cost I think per the beauty school.

        15       But that has nothing to do with respect to the

        16       cost towards the students.

        17                  SENATOR SALAND:    I'm sorry, Madam

        18       President.  Would you repeat that?

        19                  SENATOR SAMPSON:    Through you,

        20       Madam President, could you repeat your

        21       question again so I can fully understand it?

        22                  SENATOR SALAND:    The question

        23       was -- and I'm looking at paragraph G,

        24       starting at line 35 on page 2.  There's



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6244



         1       reference to an annual assessment by the

         2       Secretary of State on any school of infection

         3       control, based on their prior year's financial

         4       statements.

         5                  And it goes on to say that a

         6       percentage of their gross tuition shall be

         7       deposited into the business and licensing

         8       account, and those funds will be transferred

         9       quarterly to the General Fund.

        10                  SENATOR SAMPSON:    And your

        11       question is?

        12                  SENATOR SALAND:    Is that an

        13       additional assessment over and above the $60

        14       that you referred to as being what is

        15       currently the tuition paid by the people who

        16       take this course?

        17                  SENATOR SAMPSON:    Through you,

        18       Madam President, no, it's not, Senator Saland.

        19                  SENATOR SALAND:    The annual

        20       assessment, and you made reference to it -- if

        21       you'll continue to yield.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Sampson, do you continue to yield?

        24                  SENATOR SAMPSON:    Definitely,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6245



         1       yes.

         2                  SENATOR SALAND:    The annual

         3       assessment, as you referred to, and I also

         4       made reference to, starts off at 6 percent

         5       beginning in October of this year and then

         6       declines.  That assessment is the means by

         7       which tuition will be raised at each of these

         8       schools?

         9                  SENATOR SAMPSON:    No, that's not

        10       the rate at which tuition will be raised.

        11       Basically what we're trying to do is take a

        12       certain percentage out of the gross tuition

        13       and use that to give to the Secretary of State

        14       to assist them in enforcing those individuals

        15       who don't comply with this regulation to sort

        16       of defray the cost with respect to the

        17       Secretary of State.

        18                  SENATOR SALAND:    And --

        19                  SENATOR SAMPSON:    And at that

        20       point in time, Senator Saland, it goes from

        21       6 percent to 1 percent, but then after 2013 it

        22       remains at a steady 3 percent.

        23                  SENATOR SALAND:    And if the

        24       Senator will continue to yield.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6246



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Sampson, do you continue to yield?

         3                  SENATOR SAMPSON:    Yes, I do.

         4                  SENATOR SALAND:    Now, that annual

         5       assessment is being paid by the school.

         6                  SENATOR SAMPSON:    Yes, it is.

         7                  SENATOR SALAND:    The school

         8       assumedly is raising that money by way of its

         9       tuition.  Is that a reasonable assumption on

        10       my part?

        11                  SENATOR SAMPSON:    I would say --

        12       through you, Madam President -- it depends

        13       what the school does also.  It could raise

        14       money with respect to that aspect, but there's

        15       some schools who offer more courses.  And I

        16       think -- it says percentage of the gross

        17       tuition, whatever the gross tuition is.

        18                  If I'm answering that correctly,

        19       Senator Saland.  If that answers your

        20       question.

        21                  SENATOR SALAND:    Well, thank you.

        22                  And if Senator Sampson will yield

        23       for just one more question.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6247



         1       Senator Sampson, do you yield?

         2                  SENATOR SAMPSON:    Oh, definitely.

         3       Definitely.

         4                  SENATOR SALAND:    Senator Sampson,

         5       if in fact there is a surplus -- and the bill

         6       goes on to refer to how a surplus is to be

         7       handled -- why would that surplus not go back

         8       to the school and, in turn, to the students,

         9       perhaps in the form of a reduced tuition,

        10       instead of it being transferred to the General

        11       Fund?

        12                  SENATOR SAMPSON:    Through you,

        13       Madam President.

        14                  Senator Saland, we wanted to, I

        15       guess, generate some revenue for the state so

        16       it can be used in the General Fund and

        17       hopefully as an aspect to enhance the

        18       education with respect to infectious control

        19       of diseases.  That's why it was done that way.

        20       Through you, Madam President.

        21                  SENATOR SALAND:    Thank you,

        22       Senator Sampson.

        23                  On the bill, Madam President.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6248



         1       Senator Saland, on the bill.

         2                  SENATOR SALAND:    Madam President,

         3       I have some reservations about this bill.  I

         4       certainly hope that Senator Sampson's example

         5       proves to be true that there will be other

         6       schools that will come into this particular

         7       venue and provide the kinds of services that

         8       are proposed in this bill, provide the kind of

         9       education that's proposed in this bill.  I'm

        10       not so certain that in fact that's going to

        11       happen but, again, would welcome it.

        12                  But what I'm concerned about even

        13       more so is that after a determination has been

        14       made by the Secretary of State as to how much

        15       shall be taken from the funds raised by the

        16       assessments on the schools -- which would in

        17       turn come from the students -- that once it's

        18       been determined how much is needed, according

        19       to the language of the bill, for the

        20       implementation and enforcement of this

        21       section, the surplus, to the extent that one

        22       is identified, goes to the General Fund.

        23                  Now, I don't know if we're talking

        24       about significant amounts of money here.  But



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6249



         1       I suspect that the students and the people who

         2       are engaged in the kinds of practices that are

         3       being controlled by this particular bill are

         4       not necessarily wealthy people, are not people

         5       who are making lots of money, are people who

         6       I'm sure are as hard-pressed as any you're

         7       going to find in this economy.

         8                  And if in fact there is a surplus,

         9       it would seem to me that students should not

        10       be subsidizing the state in this situation.

        11       We ran through a much larger version of that

        12       with the tuition grab that we went through

        13       earlier during the course of the adoption of

        14       the budget.  This is a mini version of that

        15       particular unfortunate episode.

        16                  And I would commend Senator Sampson

        17       for what he proposes to do here, and I would

        18       hope that if in fact this is not -- and I'm

        19       not sure if this is an Assembly substitute.

        20       If it is not, I would hope that we could do

        21       something at the very least about dealing with

        22       that surplus and providing a means of ensuring

        23       that it goes back to the hard-pressed young

        24       women and men who may be required to avail



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6250



         1       themselves of this type of service.

         2                  I thank you, Madam President, and I

         3       intend to vote in the negative on this bill.

         4       Thank you.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Thank you, Senator.

         7                  Senator LaValle.

         8                  SENATOR LaVALLE:    Thank you very

         9       much, Madam President.  Would Senator Sampson

        10       yield?

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Sampson, do you yield?

        13                  SENATOR SAMPSON:    Oh, yes.

        14                  SENATOR LaVALLE:    Senator

        15       Sampson, as you know, proprietary schools have

        16       had a very up-and-down history in the State

        17       Education Department that actually licenses

        18       the schools.  We've passed in this house at

        19       least two maybe three bills to bring them into

        20       tighter control.

        21                  My one question is -- and I

        22       understand what you're doing, and I think the

        23       purpose --

        24                  SENATOR SAMPSON:    Excuse me,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6251



         1       Madam President.  I can't hear Senator

         2       LaValle.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Please extend the courtesy to our colleagues.

         5                  SENATOR LaVALLE:    I think the

         6       purpose in your bill is laudatory.

         7                  I know that Senator Saland asked

         8       you some of the schools.  Do you have the

         9       names of some of those schools?

        10                  SENATOR SAMPSON:    One is the

        11       Capital Region BOCES, located in Albany,

        12       New York.  DCMO BOCES, in Sidney Center,

        13       New York.  The Eastern suffolk BOCES, in

        14       Bellport, New York.  And the Erie 2 BOCES in

        15       the Carrier Educational Center in Angola,

        16       New York.

        17                  You also have the Shear Ego

        18       International School of Hair Design in

        19       Rochester, New York, and the Atlas Barber

        20       School in New York, New York.

        21                  SENATOR LaVALLE:    Okay.  So a

        22       good number of the schools that you've talked

        23       about are actually BOCES programs --

        24                  SENATOR SAMPSON:    Yes.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6252



         1                  SENATOR LaVALLE:    -- that run a

         2       cosmetology program, and there are just a few

         3       that are really proprietary schools.  Is that

         4       correct?

         5                  SENATOR SAMPSON:    Correct.

         6                  SENATOR LaVALLE:    Good.  That

         7       makes a big difference to me and my vote on

         8       this bill, since the majority of those

         9       programs are really BOCES programs that are

        10       more tightly scrutinized through the State

        11       Education Department.

        12                  Thank you, Senator Sampson.

        13                  SENATOR SAMPSON:    Thank you very

        14       much.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Are there any other Senators wishing to be

        17       heard on the bill?

        18                  Hearing none, the debate is closed.

        19                  The Secretary will please ring the

        20       bells.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 4.  This

        23       act shall take effect on the 60th day.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6253



         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 581 are

         5       Senators Ranzenhofer, Saland and Winner.

         6                  Ayes, 54.  Nays, 3.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  The Secretary will continue to

        10       read.

        11                  THE SECRETARY:    Calendar Number

        12       638, substituted earlier today by Member of

        13       the Assembly Spano, Assembly Print Number

        14       8182, an act to amend the Racing, Pari-Mutuel

        15       Wagering and Breeding Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       I believe that was laid aside for the day.  So

        18       it will be 640.

        19                  THE SECRETARY:    Calendar Number

        20       640, substituted earlier today by Member of

        21       the Assembly Ramos, Assembly Print Number

        22       8492, an act to amend the Election Law.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The Secretary will ring the bell.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6254



         1                  SENATOR DeFRANCISCO:

         2       Explanation.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       An explanation has been requested, Senator

         5       Addabbo.

         6                  SENATOR ADDABBO:    Yes, thank you,

         7       Madam President.

         8                  The State Board of Elections in

         9       this departmental bill is requesting that

        10       because of the increased amount of optical

        11       scanners being used as our next generation of

        12       voting machines, especially this year in the

        13       upstate EDs and probably more widely used in

        14       next year's election, that we need to look at

        15       changing the criteria that the Board of

        16       Elections uses when determining polling sites,

        17       voting machines and the amount of voters at

        18       these polling sites.

        19                  So basically what this bill does is

        20       add eight words, merely changing the criteria

        21       to look at the ability of the new voting

        22       machines, or the next generation of voting

        23       machines, to take on multiple ballots in a

        24       given election.  That's it.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6255



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Thank you, Senator.

         3                  Are there any other Senators

         4       wishing to be heard on the bill?

         5                  Hearing none, the debate is closed.

         6                  The Secretary will ring the bell.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 57.  Nays,

        14       0.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The bill is passed.

        17                  The Secretary will continue to

        18       read.

        19                  THE SECRETARY:    Calendar Number

        20       645, substituted earlier by Member of the

        21       Assembly Weprin, Assembly Print Number 8131,

        22       an act to amend the Tax Law.

        23                  SENATOR DeFRANCISCO:    Read the

        24       last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6256



         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, 57.  Nays,

        11       0.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       727, substituted earlier today by Member of

        16       the Assembly McEneny, Assembly Print Number

        17       1039, an act to amend the Vehicle and Traffic

        18       Law.

        19                  SENATOR LIBOUS:    Explanation,

        20       please.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       An explanation is requested --

        23                  SENATOR KLEIN:    Lay the bill

        24       aside for the day, please.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6257



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is laid aside for the day.

         3                  The Secretary will continue to

         4       read.

         5                  THE SECRETARY:    Calendar Number

         6       732, substituted earlier by Member of the

         7       Assembly Calhoun, Assembly Print Number 2534,

         8       an act to amend the Criminal Procedure Law.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 57.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is passed.

        21                  The Secretary will continue to

        22       read.

        23                  THE SECRETARY:    Calendar Number

        24       735, substituted earlier today by Member of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6258



         1       the Assembly Kellner, Assembly Print Number

         2       3949, an act to amend the Real Property Tax

         3       Law.

         4                  SENATOR LIBOUS:    Explanation.

         5                  SENATOR SERRANO:    Lay the bill

         6       aside for the day.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is laid aside for the day.

         9                  The Secretary will continue to

        10       read.

        11                  THE SECRETARY:    Calendar Number

        12       738, substituted earlier by Member of the

        13       Assembly Thiele, Assembly Print Number 4632A,

        14       an act to amend the Criminal Procedure Law.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Announce the results.

        24                  THE SECRETARY:    Ayes, 57.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6259



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  The Secretary will continue to

         4       read.

         5                  THE SECRETARY:    Calendar Number

         6       739, substituted earlier today by Member of

         7       the Assembly Thiele, Assembly Print Number

         8       4633A, an act to amend the Criminal Procedure

         9       Law.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 57.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The bill is passed.

        22                  The Secretary will continue to

        23       read.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6260



         1       743, substituted earlier today by Member of

         2       the Assembly Millman, Assembly Print Number

         3       5328, an act in relation to allowing.

         4                  SENATOR LANZA:    Explanation.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       An explanation is requested, Senator

         7       Montgomery.

         8                  SENATOR MONTGOMERY:    Yes, thank

         9       you, Madam President.

        10                  I first want to acknowledge that I

        11       know that Senator Golden has tried on this

        12       legislation, and this time around I'm trying

        13       as well.

        14                  This is for a bill that is

        15       specifically to rectify a situation on behalf

        16       of the Honorable Justice Reichbach, who, on

        17       behalf of the United Nations, spent six months

        18       in Kosovo in 2003 and early 2004.  And after

        19       having been there for two months, apparently

        20       as of August 2003 he became on unpaid leave

        21       for the State of New York.

        22                  He sought and received an

        23       opinion -- prior to leaving the U.S., he

        24       received an opinion in writing from the State



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6261



         1       Comptroller's office indicating that he would

         2       be eligible for pension while he was serving

         3       in Kosovo.  However, about two months after he

         4       had gone to Kosovo, he received another letter

         5       from the Comptroller stating that they had

         6       made an error in determining his eligibility

         7       and therefore he would not be eligible to

         8       continue his retirement.  This bill seeks to

         9       rectify that situation on behalf of Judge

        10       Reichbach.

        11                  And I might add, Madam President,

        12       that the reason that he was in Kosovo was to

        13       serve as a judge on behalf of the United

        14       Nations War Crimes Tribunal.  So I believe

        15       that it is only fair for this body to consider

        16       justice on behalf of the Honorable Justice

        17       Reichbach, because he served on behalf of his

        18       country at a time when he was needed.

        19                  He did receive authorization to

        20       continue his state retirement eligibility.

        21       However, it was rescinded, and he's now

        22       seeking for us to allow him to count those

        23       four months that he went off of the state

        24       retirement plan.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6262



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Thank you, Senator Montgomery.

         3                  Senator Lanza.

         4                  SENATOR LANZA:    Yes, Madam

         5       President.  Would the sponsor yield to a

         6       series of questions?

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Montgomery, do you yield?

         9                  SENATOR MONTGOMERY:    Yes.

        10                  SENATOR LANZA:    Through you,

        11       Madam President, I understand what Senator

        12       Montgomery is trying to accomplish through

        13       this legislation.  But I have some questions

        14       with respect to some of the facts.

        15                  As I understand it, this judge,

        16       judge of the State of New York, left the bench

        17       and became employed by the United Nations

        18       overseas in 2003, in Kosovo.  Prior to

        19       leaving, he received an opinion from the State

        20       Comptroller that he would receive pension

        21       credit for the time that he served or worked

        22       for, I should say, the United Nations, and

        23       that the judge relied upon that opinion in

        24       making his decision to leave the bench and to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6263



         1       become employed by the United Nations.

         2                  And so I understand that if those

         3       were the facts, that the intent of this

         4       legislation is to -- and then that he received

         5       a subsequent letter from the Comptroller

         6       saying that in fact that would not be the

         7       case, but that nevertheless the judge relied

         8       on that first opinion, went to Kosovo, left

         9       the bench.

        10                  And so I could understand that if

        11       this were a mistake that was made by the

        12       Comptroller and that in fact the judge relied

        13       upon that mistake and left the bench, worked

        14       for the United Nations, that perhaps there's

        15       something that we should do to make the judge

        16       whole.

        17                  I want to also point out, first,

        18       that for the first two months that the judge

        19       was in Kosovo he was paid by the State of

        20       New York, utilizing vacation time, and that in

        21       the remaining five months he was paid by the

        22       United Nations.

        23                  Here's the question of fact that I

        24       have.  The letter that was issued by the State



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6264



         1       Comptroller indicating that the judge would

         2       receive pension credit was written on

         3       June 16th in 2003, prior to him leaving and

         4       taking on this new employment.  It was stated

         5       as a justification for this legislation that

         6       months later the Comptroller reversed his

         7       decision, but that it was too late and that

         8       the judge was already there.

         9                  I have a copy of that letter in

        10       which the State Comptroller reversed its first

        11       decision.  That letter was written a week

        12       later.  It was written one week after the

        13       first letter was written -- and, in fact,

        14       before the judge left the bench and took the

        15       job with the United Nations.

        16                  So in fact it seems to me, based on

        17       the facts, that the judge was not relying on

        18       the first letter because that first letter and

        19       the decision therein had already been

        20       rescinded.

        21                  So I ask the sponsor whether or not

        22       my statement of the facts is accurate and that

        23       in fact one week after the first letter was

        24       written, a second letter was already written



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6265



         1       by the State Comptroller.

         2                  SENATOR MONTGOMERY:    The question

         3       I believe that you're asking is why the judge

         4       states that it was two months after or it was

         5       sometime after he was already in Kosovo?

         6                  SENATOR LANZA:    Let me clarify,

         7       through you, Madam President.

         8                  What I'm saying is I guess the gist

         9       of this legislation is whether or not we

        10       should make whole this judge who may have

        11       relied on an incorrect opinion from the State

        12       Comptroller.  But that letter was written on

        13       June 16, 2003.

        14                  The letter rescinding that opinion

        15       was written one week later, prior to the judge

        16       leaving the bench and employing himself with

        17       the United Nations.

        18                  So I guess my question is, under

        19       those facts, was the judge really relying on

        20       that incorrect decision?

        21                  SENATOR MONTGOMERY:    Through you,

        22       Madam President, I am relying on the statement

        23       from the judge himself, and he clearly states

        24       that about a month after he arrived in Kosovo



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6266



         1       he received the communication from the

         2       Comptroller rescinding the decision in the

         3       first letter.

         4                  So I can't believe -- although how

         5       would I know -- but I would certainly rely on

         6       the judge to be telling the truth.  Perhaps

         7       the letter went to an address in the U.S. and

         8       it took some time for it to actually get to

         9       him.  However, this is what he says.  It was a

        10       month after he received the first letter.

        11                  And I don't believe the judge would

        12       be lying and put it in writing, Madam

        13       President.

        14                  SENATOR LANZA:    Madam President,

        15       will Senator Montgomery continue to yield.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Montgomery, do you continue to yield?

        18                  SENATOR MONTGOMERY:    Yes, I will.

        19                  SENATOR LANZA:    Thank you,

        20       Senator Montgomery.  And through you, Madam

        21       President.

        22                  Senator Montgomery, I have a letter

        23       that was written by then-State Comptroller

        24       Alan Hevesi.  This letter was provided me by



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6267



         1       your office.  This letter was written to the

         2       judge in question.  The letter was written on

         3       June 23, 2003, prior to the time that the

         4       judge went to work for the United Nations.

         5       The letter is addressed to the judge, and the

         6       address to which it was sent was the Supreme

         7       Court at 120 Schermerhorn Street in Brooklyn.

         8                  And so I guess my question to you

         9       is, given that fact, should we be making an

        10       exception here and doing something that we

        11       would not do, for instance, for someone who

        12       was employed by the state and then went to

        13       work for the federal government?

        14                  And given the question of fact

        15       here, shouldn't we withdraw this piece of

        16       legislation and make sure that we do have the

        17       facts correctly here?

        18                  SENATOR MONTGOMERY:    Through you,

        19       Madam President, I think in this particular

        20       case -- ordinarily, Senator Lanza, I would

        21       perhaps certainly agree.  But in this

        22       particular case we have a situation where this

        23       judge went to another country, but he wasn't

        24       on vacation, as you have implied, but rather



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6268



         1       he was serving on behalf of the United States

         2       as a -- I'm using the phrase guest justice in

         3       a situation that was extremely important, I

         4       believe, as it relates to the U.S.'s own

         5       interest and mission.

         6                  And therefore, I think that it's a

         7       humanitarian act on our part to allow him to

         8       receive the credit for the four months where

         9       he was in fact not eligible, by virtue of not

        10       being on payroll in the U.S., in the state.

        11                  SENATOR LANZA:    Thank you,

        12       Senator Montgomery.

        13                  Madam President, on the bill.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Lanza, on the bill.

        16                  SENATOR LANZA:    You know, when I

        17       first saw this legislation and saw the facts,

        18       while I would typically be opposed to

        19       legislation which would allow us to bend the

        20       rules for one individual in a way that we

        21       typically wouldn't for others, I was

        22       sympathetic when I heard that the State

        23       Comptroller, in writing, indicated to this

        24       judge that he would receive pension credit



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6269



         1       while employed by the United Nations.

         2                  But in receiving this letter and

         3       seeing it, it's become clear to me, without

         4       really casting undue aspersion, that the

         5       letter rescinding the initial opinion was

         6       written not months after the first letter, or

         7       a year later, it was written one week later.

         8                  So that initial decision that said

         9       "sure, you're going to get pension credit"

        10       stood for only seven days -- and, more

        11       importantly, was rescinded prior to the time

        12       that the judge decided to go work for the

        13       United Nations.

        14                  And again, I think it's admirable

        15       for an individual to want to serve in the way

        16       that this individual did.  However, to talk

        17       about the humanitarian nature here -- first of

        18       all, he was paid by the State of New York,

        19       first from vacation time, and then he was paid

        20       by the United Nations.  And now we're asking

        21       the taxpayers to pay upwards of $20,000 to buy

        22       back pension time and credit while he made

        23       this decision to do what he was free to do,

        24       but having, I believe, all the information



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6270



         1       necessary to make an informed decision and a

         2       decision based on the fact that he would not

         3       be receiving pension credit.

         4                  And for that reason, I'm going to

         5       be voting in the negative on this legislation.

         6       I would urge my colleagues to do the same.

         7       And, perhaps with some clarification with

         8       respect to some other facts that we may not

         9       have, to revisit this situation at a later

        10       time.

        11                  Thank you, Madam President.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you, Senator.

        14                  Senator Flanagan.

        15                  SENATOR FLANAGAN:    Thank you,

        16       Madam President.  On the bill.

        17                  I want to take a slightly different

        18       tack from Senator Lanza.  We were actually

        19       discussing this bill before it came up.  And

        20       this is a picture bill.  There's some money

        21       obviously attached to this, and I can

        22       understand the reasons why it may be here.

        23                  And I'm going to take Senator

        24       Montgomery at her word, certainly, which is



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6271



         1       very easy to do, and follow in terms of what

         2       the correspondence was where the judge

         3       acknowledges in writing that he had gotten

         4       this notice a month after the fact.  And I'll

         5       take that at face value.

         6                  And I'll still come to the same

         7       conclusion that we shouldn't do this bill.

         8       The reason being, he was paid by the State of

         9       New York, and he actually was on vacation

        10       time.  He took vacation time and was paid as

        11       an employee of the State of New York.  And

        12       that time had not run out before he found out

        13       he was not going to be eligible for that

        14       credit.

        15                  So he was on paid time with the

        16       State of New York and at the time he found

        17       out, even if it was a month, had full

        18       knowledge that he was not going to be entitled

        19       to any further credit.  And yet he stayed for

        20       at least five more months.

        21                  And I look at this and think, okay,

        22       it's humanitarian work for which he got paid.

        23       This is going to cost the taxpayers.  And if

        24       we do a bill like this, we're going to have



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6272



         1       500 other bills just like it, and someone is

         2       going to say, I was doing something really

         3       important and benevolent and noteworthy, and I

         4       deserve the same kind of recognition.

         5                  And for those reasons, I'm going to

         6       vote no.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Savino.

         9                  SENATOR SAVINO:    Thank you, Madam

        10       President.

        11                  I've actually quite enjoyed

        12       watching this debate.  You know, as the chair

        13       of the Civil Service and Pensions Committee --

        14       and I know Senator Robach can attest to

        15       this -- the committee on an annual basis gets

        16       flooded with what Senator Flanagan

        17       appropriately called picture bills.  Every

        18       year members of this body get approached by

        19       constituents who feel that somehow or other

        20       there's been an inequity that applies to them

        21       and the only way that they can get some

        22       redress is to seek legislation to correct that

        23       inequity.

        24                  And all of us, every one of you,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6273



         1       has introduced some of those bills.  I have a

         2       pile on my desk.  Some of them I actually find

         3       quite amusing.  I'm not sure, I think it's

         4       Senator Leibell, I think you have a

         5       constituent who wants me to create a pension

         6       plan just for him, hand-picking from the best

         7       of the multiple systems.  He feels somehow

         8       there's an inequity, through no fault of his

         9       own.  That is always the justification in

        10       every piece of this legislation, through no

        11       fault of their own.

        12                  And we generally look at them

        13       askance, because we recognize what they are.

        14       They're an opportunity from individual members

        15       to address an issue that a constituent has

        16       brought them.

        17                  In fact, Senator Lanza has one:

        18       Norma Jean Ciserio [ph] feels that she should

        19       be introduced into Tier 1 even though she

        20       wasn't hired by the City of New York until

        21       five years after it closed.  But she feels

        22       it's an inequity.

        23                  Senator Little has a woman who

        24       actually went to the Albany Times Union and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6274



         1       complained that she was being deprived of a

         2       benefit, a pension benefit from her deceased

         3       husband.  She had a very compelling case,

         4       except the facts didn't fit the case.  And in

         5       fact, she was paid and her sons were paid; she

         6       just didn't like what she got.

         7                  And so we consider these bills.

         8       But I recognize this, and I think Senator

         9       Robach would attest to this, we recognize them

        10       for what they are.  They are an opportunity

        11       for those of us in office to help a

        12       constituent who feels that we can help them,

        13       recognizing that most of the time we cannot

        14       because we cannot change the regulations, even

        15       though it's through no fault of their own.

        16                  So I'm just going to make a

        17       suggestion that if we're going to begin to

        18       examine these bills as if somehow we're

        19       conducting a trial over them -- which I'm okay

        20       with doing in the committee -- I think Senator

        21       Lanza, as the ranker, and myself, we should

        22       institute a new rule in the Civil Service and

        23       Pensions Committee that picture bills that

        24       come to us for consideration should come with



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6275



         1       the evidence to substantiate the claim that

         2       through no fault of their own that this

         3       inequity existed.

         4                  So I'm going to vote for this bill,

         5       for Senator Montgomery, for her constituent,

         6       the judge, and we'll let the Governor

         7       determine whether or not, through no fault of

         8       his own, that inequity existed.  And I'm going

         9       to do that because Senator Montgomery is

        10       trying to help a constituent.

        11                  Thank you.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Are there any other Senators wishing to be

        14       heard on the bill?

        15                  Hearing none, the debate is closed.

        16                  The Secretary will please ring the

        17       bells.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Madam President,

        20       can we stand at ease at this time?

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The Senate will stand at ease.

        23                  (Whereupon, the Senate stood at

        24       ease at 4:30 p.m.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6276



         1                  (Whereupon, the Senate reconvened

         2       at 4:41 p.m.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Madam President,

         6       can we lay the bill aside temporarily.

         7                  And on behalf of Senator Ruth

         8       Hassell-Thompson, could we have an immediate

         9       Democratic conference in the Majority

        10       Conference Room.

        11                  And please recognize Senator

        12       Libous.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Libous.

        15                  SENATOR LIBOUS:    Thank you, Madam

        16       President.

        17                  We'll have an immediate Republican

        18       conference in the Republican Conference Room.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is laid aside.

        21                  There will be an immediate meeting

        22       of the Majority in the Majority Conference

        23       Room and an immediate meeting of the

        24       Republicans in the Republican Conference Room.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6277



         1                  (Whereupon, the Senate stood at

         2       ease at 4:42 p.m.)

         3                  (Whereupon, the Senate reconvened

         4       at 5:51 p.m.)

         5                  ACTING PRESIDENT VALESKY:    The

         6       Senate will return to order.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President,

         9       can we please return to the controversial

        10       calendar and take up Calendar Number 743.

        11                  ACTING PRESIDENT VALESKY:    The

        12       Senate will return to the controversial

        13       reading of the calendar.

        14                  When we left for break, we had

        15       Calendar Number 743 in front of the house.  We

        16       will resume at that point.

        17                  The Secretary will ring the bells.

        18       I ask all Senators to come to the chamber.

        19                  Senator Libous.

        20                  SENATOR LIBOUS:    I was just going

        21       to ask them to read it, and we'll read the

        22       last section.

        23                  ACTING PRESIDENT VALESKY:    The

        24       Secretary will read the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6278



         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Saland, to explain his vote.

         8                  SENATOR SALAND:    Thank you,

         9       Mr. President.

        10                  Mr. President, I have served in the

        11       State Legislature for some 29 years and make

        12       it a practice of trying to, as best as I can,

        13       universally support any home-rule request or

        14       any local bill, and in fact had voted for this

        15       bill in Rules.

        16                  I was rather disturbed when I

        17       heard, during the course of the debate, the

        18       time sequence which Senator Lanza brought

        19       forward in reading from the documents that he

        20       had as to when this particular individual --

        21       who happens to be a judge, a man who took an

        22       oath of office -- in which he alleged as a

        23       basis of his receiving credit in the pension

        24       system that he had not been timely notified.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6279



         1                  Well, clearly this man was timely

         2       notified.  I find that what is occurring here

         3       is beyond shameless.  I think it casts a cloud

         4       on an institution that has already been

         5       beclouded on numerous occasions over the

         6       course of certainly our recent history and

         7       certainly our most recent history.

         8                  I'm deeply troubled.  I think the

         9       judge either needs a veracity check or a

        10       competency check to support his effort for

        11       however many months credit he's going to get

        12       in the pension system by bringing forth the

        13       allegations which are clearly at odds with the

        14       truth.  It is, I think, a stunning violation

        15       of his oath of office, and I will vote in

        16       opposition.

        17                  Thank you.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Saland to be recorded in the negative.

        20                  Senator Lanza, to explain his vote.

        21                  SENATOR LANZA:    Thank you,

        22       Mr. President.

        23                  I want to say to the sponsor,

        24       Senator Montgomery, that I understand



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6280



         1       completely what you're attempting to do with

         2       this legislation.  You're trying to do a good

         3       and decent thing, because that's what kind of

         4       person and that's what kind of Senator you

         5       are.

         6                  I have questions of fact with

         7       respect to whether or not there is an

         8       injustice here that needs to be remedied, as

         9       I've discussed before.  And for that reason,

        10       I'm going to vote in the negative.  But I

        11       thank Senator Montgomery for the exchange that

        12       occurred with respect to this bill.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Lanza to be recorded in the negative.

        15                  Senator Leibell, to explain his

        16       vote.

        17                  SENATOR LEIBELL:    Thank you,

        18       Mr. President.

        19                  During the exchange, Senator Savino

        20       mentioned my name, and it was another Senator

        21       with a similar name.

        22                  That I've had bills in, as most of

        23       us have, on pension issues that have come up.

        24       And like my colleagues, I have no question



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6281



         1       Senator Montgomery has the best of intentions

         2       in offering this legislation.

         3                  But like some of my colleagues

         4       here, I have some concerns with this bill.

         5       And when we see the paperwork that was put in

         6       to support it, there would certainly seem to

         7       be, on the part of the individual asking for

         8       this relief, to be a lack of candor there.

         9                  I will tell you -- and I point this

        10       out, Senator Savino; maybe you can help me

        11       with this.  I put in a bill for a number of

        12       years, and I did it for Virginia Donahue.  And

        13       I served with her husband, Frank, who died

        14       very suddenly of cancer, very quickly.  And he

        15       had picked the wrong box to fill out while he

        16       was heavily medicated and dying of colon

        17       cancer.  And Frank Donahue had been the chief

        18       assistant district attorney in Westchester

        19       County, and I worked for him as a young

        20       lawyer.

        21                  And I never was able to get any

        22       sort of legislation through here, whether in

        23       the majority or minority, and I think that's

        24       the type of case that screams out for some



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6282



         1       sort of redress from this legislative body so

         2       we can help in this case a widow who suffered

         3       through no fault of her own.

         4                  I have a problem with this

         5       particular bill that's before the house today.

         6       As I said, I know the sponsor means only the

         7       best by introducing it.  But I'm going to be

         8       constrained to vote in the negative.

         9                  Thank you.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Leibell to be recorded in the

        12       negative.

        13                  Senator Winner, to explain his

        14       vote.

        15                  SENATOR WINNER:    Thank you,

        16       Mr. President.

        17                  I rise because I'm going to support

        18       this legislation.  I'm going to support this

        19       legislation based upon the representations

        20       that Senator Montgomery has made to this body

        21       with regard to the veracity of the information

        22       that she believes has been submitted by the

        23       judge in support of her efforts to have this

        24       legislation move on his behalf.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6283



         1                  I am going to support it, you know,

         2       because I believe that Senator Montgomery's

         3       representations to this body are that the

         4       judge was truthful with regard to his

         5       representations, that in fact he did not

         6       receive this information from the Comptroller

         7       that indicated that the consent or the

         8       approval of the credit was properly -- was

         9       received by him, even though the documentary

        10       evidence that Senator Lanza has indicated

        11       would deem to be to the contrary.

        12                  But I do so also expecting, before

        13       this legislation is finally approved by the

        14       Governor of the State of New York, that I will

        15       encourage -- as I know some of my colleagues

        16       will -- that I expect to communicate with the

        17       Office of the Governor and expect him to

        18       investigate and to look into the veracity of

        19       the statements that were in fact made by the

        20       judge in support of his contention that he did

        21       not receive this information, and expect that

        22       there should be some clarification as to

        23       whether or not this message was received by

        24       him from the Comptroller one week later.  It



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6284



         1       seems odd that it would not have been so

         2       received.  But again, I accept Senator

         3       Montgomery's representations.

         4                  But I would urge that the

         5       Governor's office and the office of the

         6       counsel of the Governor would thoroughly look

         7       into this and make sure that this Legislature

         8       has been properly informed as to the

         9       entitlement of this individual to the benefit

        10       that he is trying to receive from the

        11       taxpayers of the State of New York.

        12                  So I vote in the affirmative,

        13       Mr. President.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Winner to be recorded in the

        16       affirmative.

        17                  Are there any other Senators who

        18       wish to explain their vote?

        19                  The Secretary will announce the

        20       results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Calendar Number 743 are

        23       Senators Flanagan, Griffo, Lanza, Leibell,

        24       Ranzenhofer, Robach, and Saland.  Also Senator



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6285



         1       LaValle.  Also Senator Larkin.

         2                  Ayes, 48.  Nays, 9.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  Senator Bonacic.

         6                  SENATOR BONACIC:    Thank you,

         7       Mr. President.

         8                  I'd like to remove a lay-aside on

         9       Senator Oppenheimer's bill, Senate Number

        10       4946.

        11                  ACTING PRESIDENT VALESKY:    Do you

        12       have the calendar number, Senator Bonacic?

        13                  SENATOR BONACIC:    790.  Senate

        14       Print 4946.

        15                  ACTING PRESIDENT VALESKY:    Okay,

        16       the Secretary will place Calendar Number 790

        17       before the house, noncontroversial.

        18                  THE SECRETARY:    Calendar Number

        19       790, substituted earlier today by Member of

        20       the Assembly Lentol, Assembly Print Number

        21       3173, an act to amend the General Municipal

        22       Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6286



         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect on the first of

         3       November.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 57.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       750, substituted earlier by Member of the

        12       Assembly Skartados, Assembly Print Number

        13       6700, an act to direct the Commissioner of

        14       Education.

        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, 57.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6287



         1                  THE SECRETARY:    Calendar Number

         2       751, substituted earlier today by Member of

         3       the Assembly Canestrari, Assembly Print Number

         4       6329B, an act authorizing a certain housing

         5       authority.

         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, 57.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       757, substituted earlier today by Member of

        18       the Assembly Raia, Assembly Print Number 3939,

        19       an act to amend the Criminal Procedure 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



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6288



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 57.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       765, substituted earlier today by Member of

         8       the Assembly Crouch, Assembly Print Number

         9       7092A, an act to amend the Town Law and the

        10       Public Officers 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, 57.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       812, substituted earlier by Member of the

        23       Assembly Barclay, Assembly Print Number 8379A,

        24       an act to amend Chapter 607 of the Laws of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6289



         1       2004.

         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, 57.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       818, substituted earlier today by Member of

        15       the Assembly Gordon, Assembly Print Number

        16       8588, an act authorizing Steven Roy to file.

        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.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6290



         1                  THE SECRETARY:    Ayes, 57.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       842, substituted earlier today by Member of

         6       the Assembly Weinstein, Assembly Print Number

         7       8956A --

         8                  SENATOR LIBOUS:    Mr. President, I

         9       thought this was laid aside for the day.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Libous, the bill was laid aside

        12       temporarily.

        13                  SENATOR KLEIN:    Lay the bill

        14       aside for the day.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside for the day.

        17                  Senator Klein, that completes the

        18       controversial reading of the active bills on

        19       Senate Calendar Number 61.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, by

        22       unanimous consent can we temporarily lay aside

        23       Calendar Number 842.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6291



         1       Calendar Number 842 is laid aside temporarily.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, at

         4       this time can we have an immediate Rules

         5       Committee meeting in Room 332.

         6                  ACTING PRESIDENT VALESKY:    There

         7       will be an immediate meeting of the Senate

         8       Standing Committee on Rules in Room 332.

         9                  SENATOR KLEIN:    And can we stand

        10       at ease pending the report of the Rules

        11       Committee.

        12                  ACTING PRESIDENT VALESKY:    The

        13       Senate will stand at ease.

        14                  Senator Libous.

        15                  SENATOR LIBOUS:    Mr. President,

        16       as soon as the Rules Committee meeting is

        17       over, there will be a Republican conference

        18       immediately following the Rules Committee.

        19                  ACTING PRESIDENT VALESKY:    An

        20       immediate Republican conference following the

        21       conclusion of the Rules Committee meeting.

        22                  (Whereupon, the Senate stood at

        23       ease at 6:07 p.m.)

        24                  (Whereupon, the Senate reconvened



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6292



         1       at 6:40 p.m.)

         2                  ACTING PRESIDENT VALESKY:     The

         3       Senate will return to order.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, is

         6       there a report of the Rules Committee at the

         7       desk?

         8                  ACTING PRESIDENT VALESKY:    There

         9       is a report of the Rules Committee at the

        10       desk.

        11                  SENATOR KLEIN:    I move to accept

        12       the report of the Rules Committee,

        13       Mr. President.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Senator Smith,

        17       from the Committee on Rules, reports the

        18       following bills:

        19                  Assembly Print 8905, by Member of

        20       the Assembly Weisenberg, an act to authorize;

        21                  Senate Print 2343A, by Senator

        22       Savino, an act to amend the General Municipal

        23       Law;

        24                  4865B, by Senator Montgomery, an



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6293



         1       act to amend the Family Court Act;

         2                  1145A, by Senator Perkins, an act

         3       to amend the Environmental Conservation Law;

         4                  1058A, by Senator Addabbo, an act

         5       to amend the Election Law;

         6                  1169B, by Senator Dilan, an act to

         7       amend the Vehicle and Traffic Law;

         8                  1347, by Senator Duane, an act to

         9       amend the Personal Property Law;

        10                  1537C, by Senator Perkins, an act

        11       to amend the Public Authorities Law;

        12                  1590, by Senator Thompson, an act

        13       to amend the Economic Development Law;

        14                  1599A, by Senator Valesky, an act

        15       to amend the Public Service Law;

        16                  1608, by Senator Valesky, an act to

        17       amend the Executive Law;

        18                  1743A, by Senator Stavisky, an act

        19       in relation;

        20                  3180B, by Senator Duane, an act to

        21       amend the Public Health Law;

        22                  3358, by Senator Onorato, an act to

        23       amend the Labor Law;

        24                  3531B, by Senator Dilan, an act to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6294



         1       amend the Public Authorities Law;

         2                  3603, by Senator Stavisky, an act

         3       relating to;

         4                  3623A, by Senator Dilan, an act to

         5       amend the Vehicle and Traffic Law;

         6                  3285A, by Senator Adams, an act to

         7       amend the Executive Law;

         8                  3842, by Senator Duane, an act to

         9       amend the Public Health Law;

        10                  3992A, by Senator Dilan, an act to

        11       amend the Insurance Law;

        12                  4283B, by Senator Valesky, an act

        13       to amend the Public Service Law;

        14                  4330A, by Senator Valesky, an act

        15       to amend the Agriculture and Markets Law;

        16                  4364A, by Senator Aubertine, an act

        17       to amend the Not-For-Profit Corporation Law;

        18                  4796, by Senator Savino, an act to

        19       amend the Civil Practice Law and Rules;

        20                  5208, by Senator Huntley, an act to

        21       amend the Penal Law;

        22                  5575A, by Senator Stachowski, an

        23       act creating;

        24                  5578, by Senator Squadron, an act



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6295



         1       to amend the Alcoholic Beverage Control Law;

         2                  5603C, by Senator Aubertine, an act

         3       to create;

         4                  5632, by Senator Savino, an act to

         5       amend the Retirement and Social Security Law;

         6                  5732, by Senator Aubertine, an act

         7       to amend the New York State Urban Development

         8       Corporation Act;

         9                  5764, by Senator Sampson, act to

        10       amend the Social Services Law;

        11                  5779, by Senator Thompson, an act

        12       to amend the Public Buildings Law;

        13                  5892, by Senator Espada, an act to

        14       amend the Private Housing Finance Law;

        15                  5929, by Senator Parker, an act to

        16       amend the Insurance Law;

        17                  5956, by Senator L. Krueger, an act

        18       to amend the Real Property Tax Law;

        19                  5980, by Senator Klein, an act to

        20       amend the Insurance Law;

        21                  5981, by Senator Klein, an act to

        22       amend the Education Law;

        23                  5982, by Senator Savino, an act to

        24       amend the Labor Law;



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6296



         1                  5990, by Senator Klein, an act to

         2       amend the Election Law;

         3                  5998, by Senator Klein, an act to

         4       amend the Tax Law;

         5                  6024, by Senator Breslin, an act to

         6       amend the Social Services Law;

         7                  6041, by Senator Foley, an act to

         8       amend the Real Property Tax Law;

         9                  6046, by Senator Aubertine, an act

        10       to amend the State Finance Law;

        11                  6050, by Senator Stachowski, an act

        12       to amend the Public Authorities Law;

        13                  6056, by Senator Valesky, an act to

        14       amend the Tax Law;

        15                  939A, by Senator Robach, an act to

        16       amend the Public Health Law;

        17                  2295, by Senator Stavisky, an act

        18       to amend the Education Law;

        19                  4126, by Senator Winner, an act in

        20       relation to;

        21                  4200, by Senator Stavisky, an act

        22       to amend the Education Law;

        23                  5036, by Senator Hassell-Thompson,

        24       an act to amend the Social Services Law;



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6297



         1                  5598B, by Senator Stachowski, an

         2       act to amend the General Municipal Law;

         3                  5615, by Senator Parker, an act to

         4       amend the Public Service Law;

         5                  5872, by Senator Maziarz, an act to

         6       amend the Social Services Law;

         7                  6073, by Senator O. Johnson, an act

         8       to amend the Town Law;

         9                  2664, by Senator Duane, an act to

        10       amend the Social Services Law;

        11                  5576, by Senator Parker, an act to

        12       amend the Education Law;

        13                  And Senate Print 5861A, by Senator

        14       Dilan, an act to amend the Tax Law.

        15                  All bills ordered direct to third

        16       reading.

        17                  ACTING PRESIDENT VALESKY:    Those

        18       Senators in favor of adopting the report of

        19       the Rules Committee signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT VALESKY:

        22       Opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6298



         1       report of the Rules Committee is adopted.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President,

         4       can we please stand at ease pending the

         5       Minority coming back from conference.

         6                  ACTING PRESIDENT VALESKY:    The

         7       Senate will stand at ease pending the return

         8       of the Minority conference.

         9                  (Whereupon, the Senate stood at

        10       ease at 6:45 p.m.)

        11                  (Whereupon, the Senate reconvened

        12       at 8:20 p.m.)

        13                  ACTING PRESIDENT VALESKY:     The

        14       Senate will return to order.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, at

        17       this time can we take up Senate Supplemental

        18       Calendar Number 61A.

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Klein, we can do that.  Would you

        21       prefer to take up would you prefer to take

        22       up -- I believe there's some housekeeping.

        23       Would you prefer to do that first?

        24                  SENATOR KLEIN:    No, let's take up



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6299



         1       the calendar.

         2                  ACTING PRESIDENT VALESKY:    The

         3       Secretary will proceed with the reading of the

         4       noncontroversial reading of Senate Calendar

         5       Number 61A.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, at

         8       this time we can take up the supplemental

         9       active list.

        10                  ACTING PRESIDENT VALESKY:    The

        11       Secretary will proceed with the

        12       noncontroversial reading of the bills on the

        13       supplemental active list.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 160, Senator Parker moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 5877B and substitute it

        18       for the identical Senate Bill Number 2501B,

        19       Third Reading Calendar 160.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       160, by Member of the Assembly Cahill,

        24       Assembly Print Number 5877B, an act to amend



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6300



         1       the Energy 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, 57.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 322, Senator Savino moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 4106B and substitute it

        16       for the identical Senate Bill Number 5098A,

        17       Third Reading Calendar 322.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       322, by Member of the Assembly Abbate,

        22       Assembly Print Number 4106B, an act to amend

        23       the Public Officers Law.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6301



         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the 30th day.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 57.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       370, by Senator Adams, Senate Print 3022, an

        12       act to amend the Racing, Pari-Mutuel Wagering

        13       and Breeding Law.

        14                  SENATOR WINNER:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside.

        17                  SENATOR KLEIN:    Can we lay the

        18       bill aside for the day.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside for the day.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 371, Senator Adams moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 8181 and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6302



         1       for the identical Senate Bill Number 3023,

         2       Third Reading Calendar 371.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       371, by Member of the Assembly DelMonte,

         7       Assembly Print --

         8                  SENATOR KLEIN:    Lay the bill

         9       aside for the day, please.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside for the day.

        12                  THE SECRETARY:    Calendar Number

        13       471, by Member of the Assembly Englebright,

        14       Assembly Print Number 7432A, an act to amend

        15       the Parks, Recreation and Historic

        16       Preservation 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, 57.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6303



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       485 by Senator Hassell-Thompson --

         5                  SENATOR HASSELL-THOMPSON:    Lay it

         6       aside for the day.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       493, by Member of the Assembly Wright,

        11       Assembly Print Number 7449, an act to amend

        12       the Social Services Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 57.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 512, Senator Onorato moves to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6304



         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 2021B and substitute it

         3       for the identical Senate Bill Number 2776B,

         4       Third Reading Calendar 512.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       512, by Member of the Assembly John, Assembly

         9       Print Number 2021B, an act to amend the

        10       Workers' Compensation 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:    Those recorded in

        19       the negative on Calendar Number 512 are

        20       Senators Larkin, Little, Seward, Volker and

        21       Winner.

        22                  Ayes, 52.  Nays, 5.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6305



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 516, Senator Squadron moves to

         3       discharge, from the Committee on Rules,

         4       Assembly Bill Number 8125A and substitute it

         5       for the identical Senate Bill Number 5281A,

         6       Third Reading Calendar 516.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  SENATOR KLEIN:    Lay it aside for

        10       the day.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside for the day.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 523, Senator Savino moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 6604A and substitute it

        17       for the identical Senate Bill Number 2962A,

        18       Third Reading Calendar 523.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       523, by Member of the Assembly Abbate,

        23       Assembly Print Number 6604A, an act to amend

        24       the Agriculture and Markets Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6306



         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 120th day.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 57.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 559, Hassell-Thompson moves to

        13       discharge, from the Committee on Finance,

        14       Assembly Bill Number 4629B and substitute it

        15       for the identical Senate Bill Number 5042,

        16       Third Reading Calendar 559.

        17                  ACTING PRESIDENT VALESKY:

        18       Substitution ordered.

        19                  THE SECRETARY:    Calendar Number

        20       559, by Member of the Assembly Weinstein,

        21       Assembly Print Number 4629B, an act to amend

        22       the Executive Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6307



         1                  THE SECRETARY:    Section 6.  This

         2       act shall take effect on the 90th day.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 57.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       570, by Senator Parker, Senate Print 3764, an

        11       act to amend the Penal Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the first of

        16       November.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 55.  Nays,

        21       2.  Senators DeFrancisco and Little recorded

        22       in the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6308



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 632, Senator Oppenheimer moves

         3       to discharge, from the Committee on Elections,

         4       Assembly Bill Number 6718B and substitute it

         5       for the identical Senate Bill Number 4135A,

         6       Third Reading Calendar 632.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       632, by Member of the Assembly Pheffer,

        11       Assembly Print Number 6718B, an act to amend

        12       the Education Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect January 1, 2010.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 57.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 802, Senator Morahan moves to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6309



         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 7749A and substitute it

         3       for the identical Senate Bill Number 5338A,

         4       Third Reading Calendar 802.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       802, by Member of the Assembly Rabbitt,

         9       Assembly Print Number 7749A, an act to

        10       authorize the Town of Ramapo.

        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, 56.  Nays,

        19       1.  Senator Bonacic recorded in the negative.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 843, Senator Volker moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6310



         1       Assembly Bill Number 7581A and substitute it

         2       for the identical Senate Bill Number 6057,

         3       Third Reading Calendar 843.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       843, by Member of the Assembly Kolb, Assembly

         8       Print Number 7581A, an act to amend the

         9       Environmental Conservation 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, 55.  Nays,

        18       2.  Senators Duane and Serrano recorded in the

        19       negative.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 844, Senator Robach moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6311



         1       Assembly Bill Number 9025 and substitute it

         2       for the identical Senate Bill Number 6063,

         3       Third Reading Calendar 844.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       844, by Member of the Assembly Gantt, Assembly

         8       Print Number 9025, an act in relation to

         9       paying aid and incentives.

        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, 57.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 845, Senator L. Krueger moves

        22       to discharge, from the Committee on Health,

        23       Assembly Print Number 789B and substitute it

        24       for the identical Senate Bill Number 1107A,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6312



         1       Third Reading Calendar 845.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       845, by Member of the Assembly Gunther,

         6       Assembly Print Number 789B, an act to amend

         7       the Public Health Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of May.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 55.  Nays,

        16       2.  Senators Marcellino and Volker recorded in

        17       the negative.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 846, Senator Sampson moves to

        22       discharge, from the Committee on Consumer

        23       Protection, Assembly Bill Number 3409 and

        24       substitute it for the identical Senate Bill



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6313



         1       Number 2460, Third Reading Calendar 846.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  SENATOR LIBOUS:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar Number

         8       847, by Senator Aubertine, Senate Print 2813A,

         9       an act to amend the Public Authorities 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:    Those recorded in

        18       the negative on Calendar Number 847 are

        19       Senators Alesi, Golden, C. Johnson, Larkin,

        20       Marcellino, Ranzenhofer, Seward, Volker and

        21       Winner.

        22                  Ayes, 48.  Nays, 9.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6314



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 848, Senator Valesky moves to

         3       discharge, from the Committee on Commerce,

         4       Economic Development and Small Business,

         5       Assembly Bill Number 2201A and substitute it

         6       for the identical Senate Bill Number 3076A,

         7       Third Reading Calendar 848.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       848, by Member of the Assembly Morelle,

        12       Assembly Print Number 2201A, an act to amend

        13       the Economic Development 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, 57.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6315



         1       Calendar Number 849, Senator Stewart-Cousins

         2       moves to discharge, from the Committee on

         3       Rules, Assembly Bill Number 7122C and

         4       substitute it for the identical Senate Bill

         5       Number 3325B, Third Reading Calendar 849.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       849, by Member of the Assembly Spano, Assembly

        10       Print Number 7122C, an act to amend the

        11       General Municipal Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 57.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 850, Senator Savino moves to

        24       discharge, from the Committee on Finance,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6316



         1       Assembly Print Number 4343 and substitute it

         2       for the identical Senate Bill Number 3508,

         3       Third Reading Calendar 850.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  SENATOR LIBOUS:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 851, Senator Duane moves to

        11       discharge, from the Committee on Codes,

        12       Assembly Bill Number 1752A and substitute it

        13       for the identical Senate Bill Number 3527,

        14       Third Reading Calendar 851.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  SENATOR LIBOUS:    Lay it aside.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 852, Senator Montgomery moves

        22       to discharge, from the Committee on Codes,

        23       Assembly Bill Number 8282A and substitute it

        24       for the identical Senate Bill Number 3866A,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6317



         1       Third Reading Calendar 852.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       852, by Member of the Assembly Bradley,

         6       Assembly Print Number 8282A, an act to amend

         7       the Family Court Act.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect on the 60th day.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 57.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 853, Senator Montgomery moves

        20       to discharge, from the Committee on Rules,

        21       Assembly Print Number 8888 and substitute it

        22       for the identical Senate Bill Number 3879A,

        23       Third Reading Calendar 853.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6318



         1       Substitution ordered.

         2                  THE SECRETARY:    Calendar Number

         3       853, by Member of the Assembly Weinstein,

         4       Assembly Print Number 8888, an act to amend

         5       the Social Services 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:    Those recorded in

        14       the negative on Calendar Number 853 are

        15       Senators DeFrancisco and Ranzenhofer.

        16                  Ayes, 55.  Nays, 2.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       854, by Senator Klein, Senate Print 4589B, an

        21       act to amend the Public Health Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6319



         1       act shall take effect one year after it shall

         2       have become law.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 854 are

         8       Senators DeFrancisco, Flanagan, Golden, Lanza,

         9       Little, Marcellino and Seward.

        10                  Ayes, 50.  Nays, 7.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 855, Senator Breslin moves to

        15       discharge, from the Committee on Insurance,

        16       Assembly Bill Number 7949A and substitute it

        17       for the identical Senate Bill Number 4602A,

        18       Third Reading Calendar 855.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       855, by Member of the Assembly Silver,

        23       Assembly Print Number 7949A, an act to amend

        24       the Insurance Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6320



         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, 57.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 856, Senator Oppenheimer moves

        13       to discharge, from the Committee on Rules,

        14       Assembly Bill Number 6772A and substitute it

        15       for the identical Senate Bill Number 4944A,

        16       Third Reading Calendar 856.

        17                  ACTING PRESIDENT VALESKY:

        18       Substitution ordered.

        19                  THE SECRETARY:    Calendar Number

        20       856, by Member of the Assembly Paulin,

        21       Assembly Print Number 6772A, an act to amend

        22       the Public Health Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6321



         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect April 1, 2011.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 57.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 857, Senator Hassell-Thompson

        11       moves to discharge, from the Committee on

        12       Investigations and Government Operations,

        13       Assembly Bill Number 9017 and substitute it

        14       for the identical Senate Bill Number 5031A,

        15       Third Reading Calendar 857.

        16                  SENATOR LIBOUS:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:

        18       Substitution ordered, and the bill is laid

        19       aside.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 858, Senator Oppenheimer moves

        22       to discharge, from the Committee on Education,

        23       Assembly Bill Number 8245A and substitute it

        24       for the identical Senate Bill Number 5446A,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6322



         1       Third Reading Calendar 858.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       858, by Member of the Assembly Nolan, Assembly

         6       Print Number 8245A, an act to amend the

         7       Education Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 57.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 859, Senator Addabbo moves to

        20       discharge, from the Committee on Elections,

        21       Assembly Bill Number 8527 and substitute it

        22       for the identical Senate Bill Number 5448A,

        23       Third Reading Calendar 859.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6323



         1       Substitution ordered.

         2                  THE SECRETARY:    Calendar Number

         3       859, by Member of the Assembly Skartados,

         4       Assembly Print Number 8527, an act to amend

         5       the Election 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, 57.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 859:  Ayes, 56.  Nays, 1.

        18       Senator Golden recorded in the negative.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 860, Senator Breslin moves to

        23       discharge, from the Committee on Finance,

        24       Assembly Print Number 8400 and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6324



         1       for the identical Senate Print Number 5471,

         2       Third Reading Calendar 860.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       860, by Member of the Assembly Peoples,

         7       Assembly Print Number 8400, an act to amend

         8       the Insurance Law.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 4.  This

        12       act shall take effect July 1, 2009.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 57.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 861, Senator Klein moves to

        21       discharge, from the Committee --

        22                  SENATOR KLEIN:    Lay the bill

        23       aside for the day.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6325



         1       Secretary will complete the Assembly

         2       substitution first.

         3                  THE SECRETARY:    Senator Klein

         4       moves to discharge, from the Committee on

         5       Agriculture, Assembly Bill Number 3765 and

         6       substitute it for the identical Senate Bill

         7       Number 5479, Third Reading Calendar 861.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered, and the bill is laid

        10       aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       862, by Senator Huntley, Senate Print 5562B,

        13       an act to amend the Public Health Law and the

        14       New York State Medical Care Facilities Finance

        15       Agency Act.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 14.  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, 57.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6326



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 863, Senator Valesky moves to

         4       discharge, from the Committee on

         5       Investigations and Government Operations,

         6       Assembly Print Number 8294 and substitute it

         7       for the identical Senate Print Number 5586,

         8       Third Reading Calendar 863.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       863, by Member of the Assembly Destito,

        13       Assembly Print Number 8294, an act to amend

        14       the Tax Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 5.  This

        18       act shall take effect on the first day of a

        19       sales tax quarterly period.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 57.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6327



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 864, Senator Squadron moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Print Number 8519 and substitute it

         6       for the identical Senate Bill Number 5577,

         7       Third Reading Calendar 864.

         8                  ACTING PRESIDENT VALESKY:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       864, by Member of the Assembly Schimminger,

        12       Assembly Print Number 8519, an act to amend

        13       the Alcoholic Beverage Control 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                  SENATOR DeFRANCISCO:    Lay it

        22       aside.

        23                  ACTING PRESIDENT VALESKY:    The

        24       roll call is withdrawn, and the bill is laid



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6328



         1       aside.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 865, Senator Stewart-Cousins

         4       moves to discharge, from the Committee on

         5       Commerce, Economic Development and Small

         6       Business, Assembly Bill Number 3193 and

         7       substitute it for the identical Senate Bill

         8       Number 5639, Third Reading Calendar 865.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       865, by Member of the Assembly Weprin,

        13       Assembly Print Number 3193, an act to amend

        14       the Economic Development Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect on the 180th day.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 57.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6329



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 866, Senator Sampson moves to

         3       discharge, from the Committee on Children and

         4       Families, Assembly Print Number 2004A and

         5       substitute it for the identical Senate Print

         6       Number 5697, Third Reading Calendar 866.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       866, by Member of the Assembly Weinstein,

        11       Assembly Print Number 2004A, an act to amend

        12       the Domestic Relations Law and the Family

        13       Court Act.

        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, 57.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6330



         1       867, by Senator Schneiderman, Senate Print

         2       5701, an act to amend the Education Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 867 are

        12       Senators DeFrancisco, Larkin, Marcellino,

        13       Maziarz, Ranzenhofer, and Skelos.  Also

        14       Senator Morahan.

        15                  Ayes, 50.  Nays, 7.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 868, Senator Thompson moves to

        20       discharge, from the Committee on Environmental

        21       Conservation, Assembly Print Number 8559A and

        22       substitute it for the identical Senate Bill

        23       Number 5766, Third Reading Calendar 868.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6331



         1       Substitution ordered.

         2                  THE SECRETARY:    Calendar Number

         3       868, by Member of the Assembly Sweeney,

         4       Assembly Print Number 8559A, an act to amend

         5       the Environmental Conservation Law.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect on the 90th day.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 868, those recorded in the

        15       negative are Senators Griffo, Serrano and

        16       Maziarz.  Also Senator Duane.

        17                  Ayes, 53.  Nays, 4.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       869, by Senator Sampson, Senate Print 5807A,

        22       an act to amend the Uniform City Court Act and

        23       the Judiciary Law.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6332



         1       the last section.

         2                  THE SECRETARY:    Section 8.  This

         3       act shall take effect on the first of April.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 57.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 870, Senator Valesky moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 8593 and substitute it

        14       for the identical Senate Bill Number 5823,

        15       Third Reading Calendar 870.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       870, by Member of the Assembly Magee, Assembly

        20       Print Number 8593, an act to amend the

        21       Agriculture and Markets Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6333



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       871, by Senator Klein, Senate Print 5841A, an

        10       act authorizing the Commissioner of General

        11       Services.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 57.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 872, Senator Aubertine moves

        24       to discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6334



         1       Assembly Bill Number 8901 and substitute it

         2       for the identical Senate Bill Number 5888,

         3       Third Reading Calendar 872.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       872, by Member of the Assembly Silver,

         8       Assembly Print Number 8901, an act --

         9                  SENATOR KLEIN:    Lay it aside for

        10       the day.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside for the day.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 873, Senator Perkins moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 8823 and substitute it

        17       for the identical Senate Bill Number 5914,

        18       Third Reading Calendar 873.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       873, by Member of the Assembly Wright,

        23       Assembly Print Number 8823, an act to amend

        24       the Alcoholic Beverage Control Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6335



         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, 55.  Nays,

         9       2.  Senators Fuschillo and Hannon recorded in

        10       the negative.

        11                  SENATOR SALAND:    Mr. President,

        12       is this 873?

        13                  ACTING PRESIDENT VALESKY:    This

        14       is Calendar 873, yes, Senator Perkins' bill.

        15                  THE SECRETARY:    Those recorded in

        16       the negative on Calendar Number 873 are

        17       Senators Fuschillo, Hannon and Saland.

        18                  Ayes, 54.  Nays, 3.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 874, Senator Sampson moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 8681 and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6336



         1       for the identical Senate Bill Number 5987,

         2       Third Reading Calendar 874.

         3                  SENATOR KLEIN:    Lay the bill

         4       aside for the day.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered, and the bill is laid

         7       aside for the day.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 875, Senator Valesky moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Print Number 7967A and substitute it

        12       for the identical Senate Bill Number 6017,

        13       Third Reading Calendar 875.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       875, by Member of the Assembly Hoyt, Assembly

        18       Print Number 7967A, an act to amend the

        19       Private Housing Finance 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



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6337



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 57.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 876, Senator Breslin moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 9038 and substitute it

        10       for the identical Senate Bill Number 6030,

        11       Third Reading Calendar 876.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       876, by Member of the Assembly Morelle,

        16       Assembly Print Number 9038, an act to amend

        17       the Insurance Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 8.  This

        21       act shall take effect September 1, 2009.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6338



         1                  ACTING PRESIDENT VALESKY:

         2       Senator Seward, to explain his vote.

         3                  SENATOR SEWARD:    Yes, very

         4       briefly.

         5                  I'm going to support this

         6       legislation, because it does attempt to

         7       address an important issue, and that is to

         8       extend health insurance coverage for children,

         9       older children, young adults who have not yet

        10       secured a place in their career and have

        11       health insurance through their employment.

        12                  But I think this particular bill,

        13       as well-intentioned as it is, falls short of

        14       where it needs to be in terms of truly

        15       addressing this problem.  And we look forward

        16       to working with Senator Breslin, Senator

        17       Hannon and others in the future to come in

        18       with a version which I think will better

        19       address this issue for young adults.

        20                  I vote aye.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Seward to be recorded in the

        23       affirmative.

        24                  Announce the results.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6339



         1                  THE SECRETARY:    Ayes, 57.  Nays,

         2       0.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 877, Senator Aubertine moves

         7       to discharge, from the Committee on Rules,

         8       Assembly Bill Number 9031 and substitute it

         9       for the identical Senate Bill Number 6032,

        10       Third Reading Calendar 877.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       877 --

        15                  SENATOR KLEIN:    Lay it aside for

        16       the day, please.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside for the day.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 878, Senator Perkins moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 8839A and substitute it

        23       for the identical Senate Bill Number 6034,

        24       Third Reading Calendar 878.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6340



         1                  SENATOR LIBOUS:    Lay it aside,

         2       please.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered, and the bill is laid

         5       aside.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 879, Senator Aubertine moves

         8       to discharge, from the Committee on Rules,

         9       Assembly Bill Number 8789 and substitute it

        10       for the identical Senate Bill Number 6037,

        11       Third Reading Calendar 879.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       879, by Member of the Assembly Ortiz, Assembly

        16       Print Number 8789, an act to amend the

        17       Domestic Relations Law and others.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 5.  This

        21       act shall take effect on the 60th day.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6341



         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 879 are

         3       Senators DeFrancisco, Flanagan, Golden, Lanza,

         4       Larkin, Leibell, Marcellino, Morahan,

         5       Ranzenhofer, Saland and Skelos.

         6                  Ayes, 46.  Nays, 11.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 880, Senator Thompson moves to

        11       discharge, from the Committee on Rules,

        12       Assembly Print Number 9049 and substitute it

        13       for the identical Senate Bill Number 6047,

        14       Third Reading Calendar 880.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       880, by Member of the Assembly Sweeney,

        19       Assembly Print Number 9049, an act to amend

        20       the Environmental Conservation Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  SENATOR LIBOUS:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6342



         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       881, by Senator Sampson, Senate Print 6068, an

         4       act to amend the Insurance Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 3 --

         8                  SENATOR LIBOUS:    Lay it aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       882, by Senator Thompson, Senate Print 6089,

        13       an act to amend the Environmental Conservation

        14       Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 7.  This

        18       act shall take effect on the same date and in

        19       the same manner as a chapter of the Laws of

        20       2009.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  SENATOR LIBOUS:    Lay it aside.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6343



         1                  ACTING PRESIDENT VALESKY:    The

         2       roll call is withdrawn, and the bill is laid

         3       aside.

         4                  THE SECRETARY:    Calendar Number

         5       883, by Member of the Assembly Weprin,

         6       Assembly Print Number 3250, an act to amend

         7       the Public Authorities Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  SENATOR LIBOUS:    Lay it aside.

        16                  ACTING PRESIDENT VALESKY:    The

        17       roll call is withdrawn, and the bill is laid

        18       aside.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 884, Senator Stachowski moves

        21       to discharge, from the Committee on Finance,

        22       Assembly Print Number 251A and substitute it

        23       for the identical Senate Bill Number 2289A,

        24       Third Reading Calendar 884.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6344



         1                  ACTING PRESIDENT VALESKY:

         2       Substitution ordered.

         3                  THE SECRETARY:    Calendar Number

         4       884, by Member of the Assembly Magnarelli,

         5       Assembly Print Number 251A, an act to amend

         6       the Public Authorities Law.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 5.  This

        10       act shall take effect on the 60th day.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Alesi, to explain his vote.

        16                  SENATOR ALESI:    To explain my

        17       vote.

        18                  It's a great bill.

        19                  (Laughter.)

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Alesi to be recorded in the

        22       affirmative.

        23                  THE SECRETARY:    Ayes, 57.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6345



         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 885, Senator Stachowski moves

         4       to discharge, from the Committee on Veterans,

         5       Homeland Security and Military Affairs,

         6       Assembly Bill Number 2239 and substitute it

         7       for the identical Senate Bill Number 2440,

         8       Third Reading Calendar 885.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       885, by Member of the Assembly Schroeder,

        13       Assembly Print Number 2239, an act to amend

        14       the Real Property Tax Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2 --

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 886, Senator Stachowski moves

        23       to discharge, from the Committee on Housing,

        24       Construction and Community Development,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6346



         1       Assembly Bill Number 6093A and substitute it

         2       for the identical Senate Bill Number 2791A,

         3       Third Reading Calendar 886.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       886, by Member of the Assembly Schroeder,

         8       Assembly Print Number 6093A, an act to amend

         9       the Executive Law.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect on the 80th day.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 57.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 887, Senator Addabbo moves to

        22       discharge, from the Committee on Energy and

        23       Telecommunications, Assembly Print Number

        24       3639C, and substitute it for the identical



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6347



         1       Senate Bill Number 4192B, Third Reading

         2       Calendar 887.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       887, by Member of the Assembly Hevesi,

         7       Assembly Print Number 3639C, an act to amend

         8       the Public Service Law and the General

         9       Business Law.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 4.  This

        13       act shall take effect April 1, 2010.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 887 are

        19       Senators Farley, Seward and Volker.

        20                  Ayes, 54.  Nays, 3.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 888, Senator Stachowski moves



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6348



         1       to discharge, from the Committee on Finance,

         2       Assembly Bill Number 2849 and substitute it

         3       for the identical Senate Bill Number 4435,

         4       Third Reading Calendar 888.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       888, by Member of the Assembly Schimminger,

         9       Assembly Print Number 2849, an act to amend

        10       the Economic Development 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                  SENATOR ALESI:    To explain my

        19       vote.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Alesi, to explain his vote.

        22                  SENATOR ALESI:    This is another

        23       great bill, as was Calendar 848.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6349



         1       Senator Alesi to be recorded in the

         2       affirmative.

         3                  Announce the results.

         4                  THE SECRETARY:    Ayes, 57.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 889, Senator Aubertine moves

         9       to discharge, from the Committee on Energy and

        10       Telecommunications, Assembly Bill Number 2928

        11       and substitute it for the identical Senate

        12       Bill Number 4841, Third Reading Calendar 889.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       889, by --

        17                  SENATOR KLEIN:    Lay it aside for

        18       the day.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside for the day.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 890, Senator Huntley moves to

        23       discharge, from the Committee on Finance,

        24       Assembly Bill Number 5055 and substitute it



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6350



         1       for the identical Senate Bill Number 4938,

         2       Third Reading Calendar 890.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       890, by Member of the Assembly Rivera,

         7       Assembly Print Number 5055, an act to amend

         8       the Mental Hygiene Law.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 4.  This

        12       act shall take effect on the first of April.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 890 are

        18       Senators DeFrancisco, Griffo, Lanza and

        19       Little.

        20                  Ayes, 53.  Nays, 4.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 891, Senator C. Johnson moves



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6351



         1       to discharge, from the Committee on Finance,

         2       Assembly Bill Number 7698 and substitute it

         3       for the identical Senate Bill Number 5048,

         4       Third Reading Calendar 891.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       891, by Member of the Assembly Meng, Assembly

         9       Print Number 7698, an act to amend the

        10       Executive 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, 57.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 892, Senator Huntley moves to

        23       discharge, from the Committee on

        24       Investigations and Government Operations,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6352



         1       Assembly Bill Number 781B and substitute it

         2       for the identical Senate Bill Number 5396,

         3       Third Reading Calendar 892.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       892, by Member of the Assembly Paulin,

         8       Assembly Print Number 781B, an act to amend

         9       the Executive Law.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect on the 120th day.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 57.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 893, Senator Breslin moves to

        22       discharge, from the Committee on Insurance,

        23       Assembly Bill Number 8402A and substitute it

        24       for the identical Senate Bill Number 5472A,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6353



         1       Third Reading Calendar 893.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       893, by Member of the Assembly Morelle,

         6       Assembly Print Number 8402A, an act to amend

         7       the Insurance Law and the Public Health Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 48.  This

        11       act shall take effect January 1, 2010.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 57.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 894, Senator Klein moves to

        20       discharge, from the Committee on Labor,

        21       Assembly Bill Number 7144A and substitute it

        22       for the identical Senate Bill Number 5737,

        23       Third Reading Calendar 894.

        24                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6354



         1       Substitution ordered.

         2                  THE SECRETARY:    Calendar Number

         3       894, by Member of the Assembly Benedetto,

         4       Assembly Print Number 7144A, an act to amend

         5       the Labor Law and the Civil Service Law.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 6.  This

         9       act shall take effect on the 90th day.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 57.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 895, Senator Huntley moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 8972A and substitute it

        20       for the identical Senate Bill Number 5930A,

        21       Third Reading Calendar 895.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6355



         1       895, by Member of the Assembly Weisenberg,

         2       Assembly Print Number 8972A, an act to amend

         3       the Mental Hygiene Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the 90th day.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 57.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  Senator Klein, that completes the

        15       noncontroversial reading of the supplemental

        16       active list.

        17                  SENATOR KLEIN:    Mr. President, on

        18       behalf of Senator Schneiderman, I move to

        19       reconsider the vote by which Calendar 867 was

        20       passed.

        21                  ACTING PRESIDENT VALESKY:    The

        22       Secretary will call the roll on

        23       reconsideration.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6356



         1       867, by Senator Schneiderman, Senate Print

         2       701, an act to amend the Education Law.

         3                  SENATOR SCHNEIDERMAN:    Lay it

         4       aside for the day.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is before the house, restored to its

         7       place on the Third Reading Calendar, and laid

         8       aside for the day.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Mr. President, at

        11       this time can we go to the controversial

        12       reading of the supplemental calendar, please.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will ring the bells.

        15                  We will proceed with the

        16       controversial reading of the bills on the

        17       supplemental active list.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Mr. President,

        20       can we go back to the order of motions and

        21       resolutions, please.

        22                  ACTING PRESIDENT VALESKY:    To the

        23       order of motions and resolutions.

        24                  Senator Klein.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6357



         1                  SENATOR KLEIN:    I have four

         2       motions.

         3                  First, on behalf of Senator

         4       Aubertine, I move to recommit Senate Print

         5       4104, Calendar Number 571 on the order of

         6       Third Reading, to the Committee on Codes, with

         7       instructions to said committee to strike out

         8       the enacting clause.

         9                  ACTING PRESIDENT VALESKY:    So

        10       ordered.

        11                  SENATOR KLEIN:    On behalf of

        12       Senator Ruth Hassell-Thompson, on page 25 I

        13       offer the following amendments to Calendar

        14       Number 485, Senate Print Number 1799, and ask

        15       that said bill retain its place on Third

        16       Reading Calendar.

        17                  ACTING PRESIDENT VALESKY:    The

        18       amendments are received.

        19                  SENATOR KLEIN:    Mr. President, on

        20       behalf of Senator Thompson, on page 9 I offer

        21       the following amendments to Calendar Number

        22       174, Senate Print Number 3781, and ask that

        23       the bill retain its place on Third Reading

        24       Calendar.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6358



         1                  ACTING PRESIDENT VALESKY:    The

         2       amendments are received.

         3                  SENATOR KLEIN:    And last, on

         4       behalf of Senator Thompson, on page 10 I offer

         5       the following amendments to Calendar Number

         6       207, Senate Print 3782, and ask that said bill

         7       retain its place on Third Reading Calendar.

         8                  ACTING PRESIDENT VALESKY:    The

         9       amendments are received.

        10                  SENATOR KLEIN:    Madam President,

        11       welcome.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Klein.

        14                  SENATOR KLEIN:    At this time can

        15       we move to the controversial reading of the

        16       supplemental calendar.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       If the Secretary would please ring the bells,

        19       members are asked to come to the chamber for

        20       the controversial reading of active bills on

        21       the calendar.

        22                  SENATOR LIBOUS:    Madam President.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Libous.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6359



         1                  SENATOR LIBOUS:    If I could ask

         2       of Senator Klein, and I would ask that our

         3       members stay in the chamber and we can get

         4       this moving.  And if Senator Klein might ask

         5       that the same, so that we can move these bills

         6       right along.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       846, by Member of the Assembly Perry, Assembly

        11       Print Number 3409, an act to amend the

        12       Personal Property Law and the Banking Law.

        13                  SENATOR GOLDEN:    Explanation.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       An explanation has been requested, Senator

        16       Sampson.

        17                  SENATOR SAMPSON:    Madam

        18       President, who is asking for the explanation?

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Golden has requested the explanation.

        21                  SENATOR SAMPSON:    Senator Golden,

        22       this bill prohibits credit card companies from

        23       including interest and fees in determining

        24       over-the-limit charges on credit cards.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6360



         1       includes all credit card fees, such is finance

         2       charges, service charges, commissions, fines

         3       and penalties.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Farley, why do you rise?

         6                  SENATOR FARLEY:    Thank you, my

         7       distinguished friend over here.

         8                  Let me just say that if there's any

         9       consensus on the Banking Committee -- this did

        10       not go through the Banking Committee -- it's

        11       to enhance and try to protect the

        12       state-chartered banks.

        13                  Now, this would only affect

        14       state-chartered banks.  And the vast

        15       preponderance, if not 98 percent of all the

        16       credit cards in this state are handled through

        17       the federal -- they've moved them out of state

        18       because they don't want to be troubled by such

        19       legislation.

        20                  Senator Sampson, this may --

        21       actually, the New York State Bankers

        22       Association opposes this.  You may think that

        23       you're really helping the consumer, but

        24       unfortunately you may mislead them by letting



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6361



         1       them think they have protection when, in

         2       reality, this bill would apply to almost no

         3       credit cards in this state.

         4                  I think there's only about four

         5       state-chartered banks that even have their own

         6       credit cards.  Should this become law, it's a

         7       good chance that they will move it out of

         8       state.

         9                  So I would have to vote no on this,

        10       with all due respect.

        11                  SENATOR SAMPSON:    Thank you.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you, Senator Farley.

        14                  SENATOR SAMPSON:    Thank you,

        15       Senator Farley.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Are there any other members wishing to be

        18       heard on the bill?

        19                  Hearing none, the debate is closed.

        20                  The Secretary will ring the bell.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the 60th day.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6362



         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Announce the results.

         5                  THE SECRETARY:    Those recorded in

         6       the negative on Calendar Number 846 are

         7       Senators Bonacic, DeFrancisco, Farley, Griffo,

         8       Hannon, Larkin, LaValle, Marcellino, Maziarz,

         9       Ranzenhofer, Saland, Seward, Skelos, Volker,

        10       Winner, and Young.

        11                  Absent from voting:  Senator

        12       McDonald.

        13                  Ayes, 40.  Nays, 16.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is passed.

        16                  The Secretary will continue to

        17       read.

        18                  THE SECRETARY:    Calendar Number

        19       850, substituted earlier today by Member of

        20       the Assembly Brodsky, Assembly Print Number

        21       4343, an act to amend the Public Authorities

        22       Law.

        23                  SENATOR LIBOUS:    Explanation.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6363



         1       Senator Savino, an explanation is requested by

         2       Senator Libous.

         3                  SENATOR SAVINO:    Thank you, Madam

         4       President.

         5                  This bill would amend the Public

         6       Authorities Law in relation to subcontracting

         7       out by public authorities.

         8                  Essentially what the legislation

         9       would require is that public authorities would

        10       be prohibited from contracting out for

        11       services unless contracting for such services

        12       is, one, cost-effective when compared to the

        13       cost of having the public authority do the

        14       work in-house.

        15                  It would have to be required for a

        16       short duration, making it impractical to hire

        17       bargaining unit employees to perform the same

        18       service.  Or if it was required for special

        19       expertise not currently available in the

        20       bargaining unit, or required due to an urgent

        21       need such that the delay in hiring employees

        22       would frustrate the public interest.

        23                  It would be --

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6364



         1       I'd ask the members to extend the courtesy to

         2       Senator Savino as she explains her bill.

         3                  SENATOR SAVINO:    Thank you, Madam

         4       President.

         5                  It would also require the public

         6       authorities to perform a cost-benefit analysis

         7       of proposed contracts when they do contract

         8       out, which would evaluate but not be limited

         9       to the following factors:  Whether there was

        10       reimbursement from other sources both for the

        11       direct and indirect costs of performing the

        12       work; whether or not the contractor that they

        13       contract out to provides wages and supplements

        14       to employees which are comparable to those

        15       paid to similar employees performing similar

        16       work in the geographic area where the work is

        17       to be performed.

        18                  A contract may not be considered

        19       cost-effective if such wages and supplements

        20       are substantially lower that those customarily

        21       paid in the area, and whether the quality of

        22       service being provided is comparable to that

        23       which could be provided by the public

        24       authority's own employees currently covered by



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6365



         1       their bargaining units.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Thank you, Senator Savino.

         4                  SENATOR LIBOUS:    Explanation

         5       satisfactory.  Read the last section.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Are there any other Senators wishing to speak

         8       on the bill?

         9                  Read the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of April.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Call the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 850 are

        19       Senators Golden, Ranzenhofer and Skelos.  Also

        20       Senator Saland.  Also Senators Hannon and

        21       Larkin.  Also Senator Marcellino.  Also

        22       Senator LaValle.  Also Senator Flanagan.  Also

        23       Senator Leibell.

        24                  Ayes, 47.  Nays, 10.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6366



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  The Secretary will continue to

         4       read.

         5                  THE SECRETARY:    Calendar Number

         6       851, substituted earlier by Member of the

         7       Assembly Gottfried, Assembly Print Number

         8       1752A, an act to amend the Public Health Law.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Hannon, why do you rise?

        11                  SENATOR HANNON:    I'd like to

        12       speak on the bill.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Hannon, on the bill.

        15                  SENATOR HANNON:    Let me just ask

        16       a question of the chair first.  This is which

        17       calendar, which calendar item?

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       It's Number 851, Senator.

        20                  SENATOR HANNON:    Thank you.

        21                  There is, in light of the total

        22       circumstances affecting hospitals, a good

        23       reason not to support this.  We have been in

        24       substantial removal of their financial support



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6367



         1       from this year's budget.  We have changed

         2       around their funding streams by moving major

         3       support away from inpatient healthcare to

         4       outpatient clinics, ambulatory clinics.  The

         5       federal government has talked about major

         6       changes.

         7                  But the president of the United

         8       States and the hospitals in this nation have

         9       talked about sacrificing $1.5 trillion to

        10       $2 trillion over the next 10 years, which

        11       would translate into a loss to hospitals of

        12       about a billion dollars a year from affecting

        13       that agreement between the President of the

        14       United States and the hospitals of this

        15       nation, notwithstanding whatever of the

        16       various five or six bills come out of Congress

        17       for reforming healthcare.

        18                  In light of that, we're supposed to

        19       have a disclosure statement that would be the

        20       Nursing Care Quality Protection Act.  It

        21       sounds great, but nothing would be there.  We

        22       don't have standards that say what the ratios

        23       of staffing to patients ought to be.  We don't

        24       actually have, in any given hospital



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6368



         1       institution, a uniform type of care that has

         2       to be given.

         3                  How can I say that?  We have

         4       emergency rooms, we have general surgical

         5       units, we have intensive care units, we have

         6       obstetric units.  Each one of those -- and I

         7       could go on.  Postsurgical.  Each one of those

         8       requires a different staffing pattern.

         9                  Now, all of the hospitals in this

        10       state have to conform to quality standards.

        11       If they don't conform to quality standards,

        12       they're subject to strict regulation by the

        13       state hospital department, by federal

        14       regulations.

        15                  So there is quality there.  The

        16       point is if we start to have to have this

        17       vague mandate, we're going to be collecting

        18       things against a standard that's unknown.

        19                  For those reasons and for many

        20       others -- and the hour is too late and we have

        21       too much things on our plate -- I just want to

        22       point out that the hospitals in New York City,

        23       the Greater Hospital Association, the

        24       hospitals in the state, the Hospital



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6369



         1       Association of New York State, various

         2       specific hospitals have communicated their

         3       opposition.  This is not the right time nor

         4       the right place to go with this legislation.

         5                  Now, consumers and patients in this

         6       state are left with a myriad of resources

         7       currently available, currently available to

         8       everybody.  It's on the web.  You can go look

         9       on the web for any hospital in the state and

        10       find a myriad of indicators and make your

        11       decisions as to the services being provided.

        12                  But this legislation is the wrong

        13       place at the wrong time.  In the future,

        14       perhaps with some of the things being

        15       discussed under national healthcare reform

        16       with quality indicators, with effectiveness

        17       indicators, this would be appropriate.  But

        18       not now, not this time.

        19                  Thank you, Madam President.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Thank you, Senator.

        22                  Senator LaValle.

        23                  SENATOR LaVALLE:    Thank you,

        24       Madam President.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6370



         1                  It is a very rare time when I rise

         2       to have a disparate view than my learned

         3       colleague to my left, Senator Hannon.

         4       Normally, throughout my career I have been

         5       very supportive of our hospitals.  During the

         6       budget, I stood up here and debated Senator

         7       Duane.  And actually Senator Hannon

         8       articulated many of the reasons why we need to

         9       be supportive of the hospitals.

        10                  I spend a lot of time with -- I

        11       have five hospitals in my district.  I have

        12       done a lot of interaction with the hospitals

        13       in my Senate district, which places me there

        14       and talking to patients, talking to staff.

        15       One of the biggest complaints today, and I

        16       hear this all the time, people will say:  "The

        17       last place you want to be is in a hospital."

        18                  Now, for a lot of reasons, you

        19       don't want to be ill.  But you don't want to

        20       be in a hospital because the issue of nursing

        21       to patient ratios differs.  And in some cases,

        22       because the hospitals are so jammed fiscally,

        23       that ratio in some cases is compromised.

        24                  In this case I am going to, because



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6371



         1       again, through my career, I have been a person

         2       who believes that one of the best kinds of

         3       regulation is through disclosure, through

         4       transparency.  And I think the more

         5       information that we have in terms of

         6       nurse/patient ratios is a good thing.  It's a

         7       good thing for the patients.

         8                  We have to, in other venues, be

         9       supportive of the hospitals to be able to

        10       ensure that they have the revenues to provide

        11       adequate care.  But we should not be in a

        12       place at this time compromising patients'

        13       health.

        14                  So when it comes for a vote -- and

        15       again, it's rare that I have a disparate view

        16       from my colleague Senator Hannon -- but I am

        17       going to be supportive of this legislation.

        18                  Thank you.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Thank you, Senator.

        21                  Senator DeFrancisco.

        22                  SENATOR DeFRANCISCO:    I'm going

        23       to vote in favor of this bill as well.  This

        24       used to be my bill in other times.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6372



         1                  And it's interesting that hospitals

         2       would be against something like this.  It's

         3       simple disclosure to give the consumer a

         4       little information about the various numbers

         5       of nurses and the like that serve in the

         6       hospital, that serve in direct patient care.

         7       It's just more information.

         8                  And the reason why it seems sort of

         9       unusual the hospitals would be against this

        10       for so many years is that they're advertising

        11       all over the place nowadays, trying to

        12       convince people to come, through their

        13       advertisements, to their particular hospital

        14       for their specialty.

        15                  They should also be willing -- and

        16       if they're not, the state should require

        17       them -- to provide this information to the

        18       general public to make a wise decision.

        19                  I'm going to vote yes.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Thank you, Senator.

        22                  Are there any other Senators

        23       wishing to be heard on the bill?

        24                  Senator Duane.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6373



         1                  SENATOR DUANE:    Thank you very

         2       much, Madam President.

         3                  My colleagues, I think -- all of

         4       them -- made some excellent points.  But I

         5       want to most of all stress that the intent of

         6       this bill is really just to better inform

         7       consumers.  And the goal really is to try to

         8       have as many tools in order to ensure the best

         9       quality of care.

        10                  The information that will be

        11       garnered as a result of this bill is

        12       information that's part of much information

        13       that will empower consumers as well as people

        14       in the health and medical fields, and

        15       ultimately I think it will help to provide for

        16       a better health care system for all

        17       New Yorkers.

        18                  Thank you, Madam President.  And I

        19       encourage my colleagues to vote yes.  Thank

        20       you.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator Duane.

        23                  Any other Senators wishing to be

        24       heard?



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6374



         1                  Hearing none, the debate is closed.

         2                  The Secretary will please ring the

         3       bells.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the 180th day.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 851 are

        12       Senators Farley, Hannon, Larkin, Libous,

        13       Little, Marcellino, Ranzenhofer, Seward,

        14       Skelos and Winner.

        15                  Ayes, 47.  Nays, 10.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The bill is passed.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       857, substituted earlier today by Member of

        21       the Assembly Weinstein, Assembly Print Number

        22       9017, an act to amend the Family Court Act.

        23                  SENATOR LIBOUS:    Read the last

        24       section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6375



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 15.  This

         4       act shall take effect on the 90th day.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 857 are

        10       Senators Bonacic, DeFrancisco, Skelos and

        11       Volker.

        12                  Ayes, 53.  Nays, 4.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The bill is passed.

        15                  The Secretary will continue to

        16       read.

        17                  THE SECRETARY:    Calendar Number

        18       864, substituted earlier today by Member of

        19       the Assembly Schimminger --

        20                  SENATOR KLEIN:    Lay it aside for

        21       the day.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is laid aside for the day.

        24                  The Secretary will continue to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6376



         1       read.

         2                  THE SECRETARY:    Calendar Number

         3       878, substituted earlier today by Member of

         4       the Assembly Pheffer, Assembly Print Number

         5       8839A, an act to amend the General Business

         6       Law.

         7                  SENATOR FUSCHILLO:    Explanation.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Perkins, an explanation has been

        10       requested by Senator Fuschillo.

        11                  SENATOR PERKINS:    This bill

        12       amends the "Do Not Call" Law to create more

        13       comprehensive protections from unsolicited

        14       telemarketing sales calls for consumers.

        15                  The bill expressly prohibits

        16       prerecorded telemarketing sales call,

        17       restricts telemarketer calling times, requires

        18       telemarketers to disclose all terms and

        19       conditions related to offers containing

        20       negative option features, and provides the

        21       Consumer Protection Board with subpoena power

        22       to investigate violations.

        23                  Effectively, it better coordinates

        24       the federal law with our state law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6377



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Saland, why do you rise?

         3                  SENATOR SALAND:    On the bill.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Saland, on the bill.

         6                  SENATOR SALAND:    Madam President,

         7       I certainly don't have any problems with

         8       anything that Senator Perkins mentioned in his

         9       explanation of the bill.

        10                  What does, however, give me some

        11       problems is providing the Consumer Protection

        12       Board with a subpoena power, something which

        13       we have not done for them previously,

        14       something in fact which they didn't even ask

        15       for in their program bill.

        16                  And I just think it's a rather

        17       slippery slope, and I'm not quite sure how we

        18       justify providing this particular ability to

        19       this particular entity.  And for that reason,

        20       Madam President, I'm going to vote in the

        21       negative and urge my colleagues to vote in the

        22       negative as well.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Thank you, Senator.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6378



         1                  Senator Fuschillo, why do you rise?

         2                  SENATOR FUSCHILLO:    On the bill,

         3       Madam President.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Fuschillo, on the bill.

         6                  SENATOR FUSCHILLO:    I am

         7       well-versed on the "Do Not Call" Registry, as

         8       the author of that, and Senator Stachowski was

         9       the co-prime back in 2001.  And all the

        10       provisions that Senator Perkins talked about,

        11       consumers in New York are currently covered.

        12                  The Consumer Protection Board was

        13       established in 1970 as a consumer watchdog and

        14       a think tank, not to go down the avenue of

        15       have subpoena power.  As the former chair of

        16       the Consumer Protection Board, when the

        17       current executive director and chair came in,

        18       she came from the Attorney General's office.

        19       And she handled consumer complaints.  And I

        20       think she wanted to take the powers that she

        21       had in the Attorney General's Office and bring

        22       them to the Consumer Protection Board.

        23                  I did not agree with her because I

        24       felt, as I feel now, that the Attorney



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6379



         1       General's Office, their Consumer Protection

         2       Unit does an admirable job in protecting

         3       consumers.  And I have full faith and

         4       confidence in Attorney General Andrew Cuomo

         5       and his staff to handle consumer complaints

         6       when it has to go to the next step.

         7                  Now, to give the Consumer

         8       Protection Board the subpoena power that they

         9       currently don't have and take away the

        10       authority and the responsibility that the

        11       Attorney General's Office has, I never

        12       understood why she wanted to do it; I don't

        13       understand why she wants to do it today.

        14                  I urge all my colleagues to vote

        15       against this bill to reinforce our faith in

        16       the Attorney General's Consumer Protection

        17       Unit.  When I was the chair of the Consumer

        18       Protection Board, I had many dealings with

        19       Attorney General then Eliot Spitzer and

        20       Attorney General currently Andrew Cuomo, and I

        21       must tell you something, ladies and gentlemen,

        22       that the consumers of New York State are

        23       fortunate to have a strong Attorney General's

        24       Office.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6380



         1                  And to give the Consumer Protection

         2       Board, and the chair, subpoena power is wrong,

         3       and I urge a no vote on this legislation.

         4                  Thank you, Madam President.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Thank you, Senator.

         7                  Are there any other Senators

         8       wishing to be heard on the bill?

         9                  Senator Maziarz.

        10                  SENATOR MAZIARZ:    Thank you very

        11       much, Madam President.

        12                  I respectfully disagree with my

        13       colleagues.  I think this is a good bill.

        14                  Just very recently I had, I think,

        15       maybe hundreds, maybe thousands of calls in my

        16       Senate district making extremely negative,

        17       disparaging remarks against our new Senate

        18       majority leader.  They were anti-Hispanic

        19       calls.  And we still don't know to this day

        20       who did that, and I'd like to find out.

        21                  I think this is a good bill.  Thank

        22       you.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Klein.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6381



         1                  SENATOR KLEIN:    I'd like to rise

         2       in support of this legislation.  I want to

         3       thank my colleague Senator Perkins.  This

         4       piece of legislation is something that I

         5       shared with Senator Fuschillo; I was the

         6       Assembly sponsor of the original "Do Not Call"

         7       legislation.

         8                  And I think one of the most

         9       important things that we have to remember

        10       about this is that it did cut down on unwanted

        11       telemarketing calls tremendously, especially

        12       those calls which targeted senior citizens and

        13       people who are vulnerable to different kinds

        14       of scams.

        15                  And I think it's important, since

        16       we wrote the original law, that we keep

        17       updating it.  And certainly one of the newer

        18       nuisances are these automated calls.

        19                  So I want to give a lot of credit

        20       to my colleague Senator Perkins, and of course

        21       I support this legislation.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Thank you, Senator Klein.

        24                  Are there any other Senators



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6382



         1       wishing to be heard on the bill?

         2                  Hearing none, the debate is closed.

         3                  The Secretary will ring the bell.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the 120th day.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 878 are

        14       Senators Alesi, Bonacic, DeFrancisco, Farley,

        15       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        16       Lanza, Larkin, LaValle, Leibell, Libous,

        17       Little, Marcellino, McDonald, Morahan,

        18       Nozzolio, Padavan, Ranzenhofer, Robach,

        19       Saland, Seward, Skelos, Volker, Winner and

        20       Young.

        21                  Ayes, 29.  Nays, 28.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is defeated.

        24                  Senator Perkins.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6383



         1                  SENATOR PERKINS:    Madam

         2       President, I'd like to lay it on the table.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The bill is laid on the table.  The bill is

         5       tabled.

         6                  The Secretary will continue to

         7       read.

         8                  THE SECRETARY:    Calendar Number

         9       880, substituted earlier today by Member of

        10       the Assembly Sweeney, Assembly Print Number

        11       9049, an act to amend the Environmental

        12       Conservation Law.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  SENATOR MARCELLINO:    Madam

        21       President.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Marcellino, why do you rise?

        24                  SENATOR MARCELLINO:    I'd like to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6384



         1       speak on the bill.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Marcellino, on the bill.

         4                  SENATOR MARCELLINO:    Yes, thank

         5       you, Madam President.

         6                  This is not an easy point for me.

         7       For years, I have been working very hard to do

         8       an electronic waste recycling bill.  I've been

         9       working to do a regional bill in the Northeast

        10       with the Council of State Governments so that

        11       we had a unibill for the entire Northeast

        12       region so that manufacturers could come in

        13       with one set of rules in all of these states

        14       that we have.

        15                  I thought we were getting really

        16       very close as negotiations went on this

        17       particular year.  However, at the last minute,

        18       language was removed from the bill by the

        19       Assembly that put manufacturers located in

        20       New York State, in various regions of the

        21       state -- such as Kodak, such as Hewlett

        22       Packard, such an IBM, such as Canon -- various

        23       major employers at a detriment.

        24                  The language that was removed was



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6385



         1       recognized by Senator Thompson, as the

         2       sponsor, and he has placed a subsequent bill

         3       down the line which is, I think, the next bill

         4       we'll probably take up, as a chapter

         5       amendment.

         6                  Unfortunately, at this time we have

         7       no agreement on the part of the Assembly to

         8       take up the chapter amendment, and that means

         9       it's worthless.  We'll pass a one-house bill

        10       that did not pass the Assembly.  There will be

        11       no reason for them to come back.  The bill

        12       that we are currently talking about is a bill

        13       that has passed the Assembly.  They have no

        14       incentive to come back and redo this bill.

        15                  And as I said before, this bill, if

        16       passed in this form, will cost jobs in various

        17       regions of the state which we cannot afford.

        18                  This language that I would like to

        19       see in the bill, in this current bill, would

        20       not change the idea, would not impact it in

        21       any way, shape or form, and I do not believe

        22       is opposed by any environmental group that is

        23       currently supporting the electronic waste

        24       bill.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6386



         1                  I would like to see this bill laid

         2       aside.  And at this point in time I do urge my

         3       colleague Senator Thompson, who chairs the

         4       EnCon Committee in this house, to lay the bill

         5       aside.

         6                  Let us negotiate with the Assembly.

         7       Let us talk to the sponsor, let us talk to the

         8       EnCon chair in the other house, let us get an

         9       agreement on this bill so that the language

        10       gets put in or they'll accept a chapter

        11       amendment -- I don't care which -- but we

        12       could then pass the bill at a later date,

        13       which I would be more than happy to do.  I

        14       would be more than happy to extend my efforts

        15       and my best work, if you will, to assist in

        16       this negotiation to make this bill real.

        17                  I would like nothing better than to

        18       pass this bill in a form that is good for the

        19       State of New York.  Right now it is not.  It

        20       will not help.

        21                  We are going to be back, and we all

        22       know it.  This is not the last time this

        23       chamber will meet.  This is not the last time

        24       we will come together as a house, and bills



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6387



         1       will be on the table.  This bill could be one

         2       of them, negotiated with full three-way

         3       agreement, with the Governor signing it, the

         4       Senate passing it, the Assembly passing it in

         5       the proper form.

         6                  Again, I urge that that be the

         7       case.  The last thing I want to do is to see a

         8       bill like this, which I have worked extremely

         9       hard to get passed, defeated.  I don't like

        10       that.  That's not what I want to do.

        11                  So again, I do urge my colleague,

        12       you have my commitment to work with you to

        13       make this bill whole, to make this bill a

        14       realistic bill that can pass in the proper

        15       form that would be effective and not cost jobs

        16       in this state, not impact negatively employers

        17       in this state, and having absolutely nothing

        18       to do with an environmental thing.

        19                  This bill is flawed as it is now.

        20       And we can make it better.  We can make it

        21       more effective for the environment and for the

        22       workers of this state.

        23                  Thank you, Madam President.  With

        24       the bill in this form, I will have to vote no



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6388



         1       and urge my colleagues to vote no as well.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Thank you, Senator Marcellino.

         4                  Senator Thompson.

         5                  SENATOR THOMPSON:    Thank you.

         6       First let me thank you, Madam President, for

         7       recognizing me.  I just want to give a couple

         8       of things on the bill.

         9                  The first is that electronic

        10       recycling is extremely important. A lot of

        11       time has gone into working on this bill long

        12       before I even came into the Senate, as my

        13       colleague Senator Marcellino talked about.

        14                  I think there's a couple of things

        15       that are of extreme importance.  Number one,

        16       this process has been extremely transparent.

        17       We had a number of roundtables that were

        18       televised by the Senate.  We had companies

        19       come from all over the country to participate

        20       in them.  We also have a number of letters,

        21       memorandums of support from General Electric

        22       to the New York State Association of Counties

        23       to NYCOM.  A lot of organizations have come

        24       out in support of this bill.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6389



         1                  Nineteen other states have e-waste

         2       legislation on the books right now.  That's

         3       tremendously important as well.  New York

         4       City, who has a law on the books, they have

         5       delayed the implementation of the e-waste bill

         6       in New York City because they were waiting for

         7       the Senate to pass this bill.

         8                  My colleague talked about input and

         9       recommendations.  Every suggestion that was

        10       recommended was added to this bill.  The only

        11       reason why this last technical amendment was

        12       not added to the bill is because, as everyone

        13       knows, we had a little disturbance during the

        14       month of June.  And so the Assembly, on the

        15       last day, they waited for us to hopefully come

        16       together, but we didn't.  But they did put in

        17       a couple of the other amendments.

        18                  I have every bit of confidence that

        19       this other chapter amendment, we will get it

        20       done.  But all the other amendments that have

        21       been recommended by the industry, by the

        22       advocates -- this was a very grueling process

        23       to work through, and we were able to do that.

        24                  And again, the companies in this



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6390



         1       state, if they sell products in this state or

         2       in New York City, whether upstate, downstate

         3       or out of state and they sell products in

         4       New York City, they will have to comply with

         5       that law.  And that's why so many companies

         6       came together to support this bill.

         7                  Can we do this other amendment?

         8       Yes, we can.  Do we need to do it?

         9       Absolutely.  But this bill will not take

        10       effect until July 1st of 2010.  And this is

        11       extremely important.  This bill will not take

        12       effect until July 1st of 2010, and it preempts

        13       New York City's bill.  So it gives these

        14       companies in New York State that you're

        15       fighting for some breathing room.  And that's

        16       why so many companies and over 20

        17       organizations have come out in support of this

        18       bill.

        19                  When HP and a couple of others had

        20       some concerns about business-to-business

        21       usage, I said to them that we would put the

        22       chapter amendment in.  We did it immediately

        23       within two days.  And so they understand that,

        24       number one, the bill doesn't take effect until



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6391



         1       July 1st of 2010.  They don't have to comply

         2       with the New York City bill; this preempts the

         3       New York City bill.

         4                  So if you want to help businesses,

         5       you need to support this bill, because

         6       otherwise they will have to comply with

         7       New York's bill on August 1st of this year,

         8       and they then have to go around hiring service

         9       companies or providing the service themselves

        10       to collect recyclable materials.  So this is

        11       very, very important.

        12                  And I would ask you to support this

        13       bill.  It's a very good bill.  And even though

        14       my colleague said he may not vote for it, he

        15       has put a lot of time in it and he can

        16       honestly say that I have valued his input.

        17       And everything he suggested that we could get

        18       in before the June deadline, we did submit,

        19       and we will do this other chapter amendment as

        20       well.

        21                  Thank you.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Thank you, Senator Thompson.

        24                  Senator Craig Johnson.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6392



         1                  SENATOR CRAIG JOHNSON:    Thank

         2       you, Madam President.  I rise to express my

         3       concerns about this bill.

         4                  And I have the utmost respect for

         5       my good friend and colleague the chairman of

         6       the Environmental Conservation Committee, a

         7       committee that I served as a ranker on for a

         8       year, working with my colleague from Long

         9       Island, Senator Marcellino.

        10                  But my concern comes out of the

        11       definite need to promote recycling of e-waste.

        12       And I think all of us here in this body

        13       recognize today that one of the biggest

        14       environmental concerns is more and more

        15       computers and computer monitors, the

        16       technology that we seem to rely upon getting

        17       old very rapidly and filling up our space.

        18                  But at the same time, at the same

        19       time we have to balance these concerns with

        20       legislation that, while good-intentioned, may

        21       have some problems that affect all of us

        22       throughout the state.

        23                  My concern is not on Chairman

        24       Thompson's goals, my concern is what happens



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6393



         1       with the other side in this Capitol.  We have

         2       before us right now a bill that was introduced

         3       on June 22, 2009, in the days, if it was a

         4       perfect world, of what would have been the

         5       last days of our Senate session.  Facts

         6       change, and we're here today.

         7                  The problem is, the problem is the

         8       bill that we are debating in my opinion

         9       contains some very burdensome problems for

        10       businesses like Canon, which is located on

        11       Long Island, an important employer for

        12       constituents who may live in Senator

        13       Fuschillo's district or my district or Senator

        14       Skelos, Senator Hannon, or Senator

        15       Marcellino's district.  Or Kodak, located

        16       upstate in Rochester, Senator Robach's

        17       district.

        18                  Now, what's important is Senator

        19       Thompson has recognized some of these

        20       potential problems and introduced an amendment

        21       on July 13th, an important amendment that

        22       would address these concerns.  There's one

        23       problem, my colleagues; the Assembly hasn't

        24       passed it.  Hasn't passed what looks to be an



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6394



         1       amendment that saves or would save the bill.

         2                  So what we're being asked to do

         3       right now is pass a bill that has flaws, that

         4       we know has flaws, that there's legislation to

         5       correct those flaws, but that corrective

         6       legislation hasn't even been introduced in the

         7       Assembly.

         8                  My concern is the Assembly is not

         9       even going to take it up.  Because if they

        10       carried about the legislation, they would have

        11       introduced it right after or at the same time

        12       as Senator Thompson.  But they haven't.  They

        13       haven't.

        14                  And so my concern is we pass a

        15       piece of legislation tonight with acknowledged

        16       problems and the Governor signs it, and then

        17       we have a potential economic impact on

        18       employers and employees in areas like Long

        19       Island -- which just saw a very important

        20       company, OC Pharmaceuticals, leave Long Island

        21       to go to Westchester.

        22                  I think we need to recognize this

        23       is an important piece of legislation, but it

        24       should be done right.  It should be done



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6395



         1       correctly.  I think we all recognize that

         2       we're going to be back in September.  I think

         3       we understand, given the major economic

         4       problems we continue to face here in New York

         5       State, we're coming back.  And hopefully we're

         6       going work together in the spirit we saw last

         7       night to solve those problems.

         8                  Well, we should take that same

         9       spirit and apply it to this bill.  We should

        10       put aside this bill for a short period of time

        11       to ensure that the Assembly introduces a very

        12       simple amendment that recognizes the problems

        13       and then we have the confidence -- I don't

        14       have confidence tonight, ladies and gentlemen,

        15       that the Assembly is going to do the right

        16       thing that Senator Thompson has done by

        17       introducing this amendment.

        18                  And it's because of that lack of

        19       confidence that I have in the Assembly, a lack

        20       of confidence I think a lot of us have shared

        21       in years past and even tonight, that I cannot

        22       at this time support an important piece of

        23       legislation.  I can't do it because I'm afraid

        24       the Assembly won't fix the problem that



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6396



         1       Senator Thompson has tried to fix and then

         2       we've got even a bigger problem for some of

         3       our employers in New York State.

         4                  Thank you very much, Madam

         5       President.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you, Senator Johnson.

         8                  Are there any other Senators

         9       wishing to be heard on the bill?

        10                  Senator Alesi.

        11                  SENATOR ALESI:    Thank you.  I'll

        12       be brief.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Alesi, on the bill.

        15                  SENATOR ALESI:    As a former chair

        16       of the Committee on Commerce and Economic

        17       Development, and now the ranker -- but more

        18       importantly, as somebody who comes from the

        19       Greater Rochester area -- I know the impact of

        20       disrupting the balance between trying to do

        21       the right thing with our environment and

        22       trying to protect and preserve and even grow

        23       jobs, especially in the upstate area,

        24       Rochester area, where Eastman Kodak is



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6397



         1       headquartered.

         2                  Many times I had conversations with

         3       the former chair and expert on environmental

         4       issues, Senator Marcellino, on how that

         5       balance could better be implemented.  I know

         6       of nobody who is more passionate about

         7       protecting the environment.  I know of nobody

         8       in this state -- even though I can't hear very

         9       well, I know of nobody in this state who has

        10       more passion and more knowledge than Senator

        11       Marcellino, with all respect to the new chair.

        12                  But I also believe that having some

        13       personal knowledge and experience about the

        14       growth of our economy, the decline of our

        15       economy, the people that are my neighbors, my

        16       constituents that once might have worked not

        17       only for Kodak, but supplied Kodak and

        18       serviced Kodak, a company that at one time by

        19       itself had 80,000 employees in the greater

        20       Rochester area and now has one-twelfth,

        21       one-twelfth of that 80,000.

        22                  And they have come to us and they

        23       have said, "We are good stewards of the

        24       environment within the confines of the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6398



         1       business that we run, and we are becoming

         2       better stewards."  Just as many companies,

         3       without even having to be forced

         4       legislatively -- because economically, it's

         5       sound for them to be good stewards of the

         6       environment.  Businesses are good partners

         7       with those that want a solid, sound

         8       environment.

         9                  When I listened to Senator

        10       Marcellino, someone who is passionate beyond

        11       belief, someone who is driven more than I was

        12       even comfortable with at times, I have to say

        13       that there is absolutely something right with

        14       his approach to this.  I believe it myself,

        15       because, as I said, I can see the impact it's

        16       going to have not just on a Rochester company

        17       but on all New York State.

        18                  In fact, the company I've talked

        19       about is not the only company that's going to

        20       be impacted.  HP, maybe others.  Suppliers,

        21       servicers.  A global company is going to be

        22       impacted with this by rushing this through.

        23                  There will be no retreat to the

        24       Assembly, I guarantee you.  I guarantee you.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6399



         1       Even if there's a chapter amendment in print

         2       right now, it will never make it over there,

         3       it won't be taken up.  This bill will go to

         4       the Governor.  And it will be one more death

         5       blow to a company that is on the edge right

         6       now, that has done everything it can to

         7       survive not only economically, to be prudent

         8       in everything it does as it relates to our

         9       environment.

        10                  To simplify the argument, if

        11       Senator Marcellino is saying we should wait --

        12       and I can't imagine anyone here who would not

        13       heed his advice.

        14                  But to bring it back home, I've

        15       seen so many of my friends and neighbors that

        16       are either out of work -- highly skilled,

        17       highly educated people -- or maybe they're

        18       doing some job that is below their level of

        19       training and education because they need to

        20       put food on the table.

        21                  When I see that, and I know that

        22       this is just going to add one more nail to the

        23       coffin, then I have to implore Senator

        24       Thompson, take this bill and lay it aside and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6400



         1       rather than wait for a chapter amendment, make

         2       the adjustments that will serve not only the

         3       environment but will serve human beings that

         4       need to put food on their table, pay their

         5       bills, and send their kids to school.  That

         6       would be not only a prudent thing to do, but I

         7       think it would be a compassionate thing to do.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Thompson, why do you rise?

        10                  SENATOR THOMPSON:    Yes, Madam

        11       President, I tried to restrain myself as much

        12       as I can.  If my colleague would be kind

        13       enough to yield for one question.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Alesi, Senator Thompson has asked you

        16       to yield for a question.

        17                  SENATOR ALESI:    I will yield for

        18       a question.

        19                  SENATOR THOMPSON:    Yeah, just one

        20       question.

        21                  Through you, Madam Chairperson, if

        22       my colleague is aware that this bill will not

        23       take effect until July 1st of 2010.  In

        24       addition, if he's aware that the reason why



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6401



         1       it's so important to do this bill now is

         2       because the same companies like Kodak that

         3       he's concerned about would be impacted by the

         4       New York City bill.  If he's aware of those

         5       two things.

         6                  SENATOR ALESI:    Madam President,

         7       through you -- and I'll try to be as succinct

         8       as possible.  Unless there are other sections,

         9       usually the last line says when the bill shall

        10       take effect.  And this last line said it shall

        11       take effect immediately.  That's the bill

        12       we're talking about, not the implementation.

        13                  So once again, I would simply ask,

        14       with all due respect, based on the expertise

        15       and passion, not only of myself but of Senator

        16       Marcellino and others, that Senator Thompson

        17       simply at this late hour, without trying to

        18       ram this bill down everybody's throat, take a

        19       moment and say it would be okay for me as the

        20       author to lay this bill aside and work with

        21       the Assembly to do the prudent thing.

        22                  But this last line does say this

        23       bill shall take effect immediately.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6402



         1       Are there any other Senators wishing to be

         2       heard on the bill?

         3                  Hearing none, the debate is closed.

         4                  The Secretary will please ring the

         5       bells and read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Thompson.

        13                  SENATOR THOMPSON:    Yes, seeing

        14       that we are a couple of votes short tonight, I

        15       would ask that we table the bill.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The bill is tabled.

        18                  SENATOR THOMPSON:    And withdraw

        19       the motion as well.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       We will withdraw the roll and lay the bill on

        22       the table.

        23                  SENATOR THOMPSON:    Yes, withdraw

        24       the roll and lay the bill aside for the day.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6403



         1       Thanks.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The roll is withdrawn, and the bill is laid

         4       aside for the day.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       881, by Senator Sampson, Senate Print 6068, an

         8       act to amend the Insurance Law.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Hannon, why do you rise?

        11                  SENATOR HANNON:    To speak on the

        12       bill, Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Hannon, on the bill.

        15                  SENATOR HANNON:    I have another

        16       improbable task, which is why I think that a

        17       bill labeled mandate relief, with a respected

        18       sponsor, contains something that I think will

        19       actually do the reverse of helping localities

        20       and do the reverse of helping people in the

        21       state.

        22                  Sections A to F in this bill -- and

        23       Section F is the one that I'm talking about.

        24       It wasn't in the bill originally when it came



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6404



         1       from the Governor as mandate relief, but some

         2       people have put it in there.  And I believe

         3       what it does is it cuts off the current right

         4       of subrogation and thereby says to people who

         5       provide health insurance, you're not going to

         6       be able to recover for --

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Excuse me, Senator Hannon.

         9                  May we have order in the chamber,

        10       please.

        11                  SENATOR HANNON:    You're not going

        12       to be able to recover from awards, and you're

        13       going to have to raise your premiums

        14       accordingly.

        15                  Now, at 10 after 10:00, the right

        16       of subrogation is certainly pretty strange.

        17       What is it?  It's a whole principle in

        18       equitable law that says if somebody has

        19       insurance coverage and has a right, because

        20       they have been injured, to sue, that they can

        21       only recover once, that they cannot recover

        22       twice.  They can't get insurance payments for

        23       their health benefits and they can't get an

        24       award in court because they've been injured.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6405



         1                  But precisely this bill would

         2       propose to cut off that and allow the double

         3       recovery.

         4                  People have talked about that this

         5       is occasioned by some recent Court of Appeals

         6       decision called Fasso in February of this

         7       year.  You read through it, it says the

         8       opposite.  It talks about the fact that a

         9       person does not have the right to double

        10       recover.

        11                  Whatever other excuses have been

        12       offered, you then go to the bill, the very

        13       last part of the bill, and I find it

        14       astounding.  Because the right of subrogation

        15       is something we gave specifically to the

        16       people who provide Medicaid benefits --

        17       namely, the state and the counties -- in the

        18       budget this year so they could make sure they

        19       could have recoveries.

        20                  Now we purport to take it away from

        21       the insurers.  And by the provisions in this

        22       bill, I believe we take it away actually from

        23       Medicaid.  People have said otherwise.

        24                  There is a statement at the end



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6406



         1       under the General Obligations Law that's added

         2       that says when a plaintiff settles with one or

         3       more defendants in an action for personal

         4       injuries, medical, dental or podiatric

         5       malpractice, it shall be conclusively presumed

         6       that the settlement does not include any

         7       compensation for the cost of healthcare

         8       services.  Conclusively presumed.  We're

         9       making a decision by this statute as to what

        10       every case is included its award and

        11       settlement in this state.

        12                  It goes further on to say that by

        13       entering into any settlement, the plaintiff

        14       should not be deemed to have taken action in

        15       derogation of any nonstatutory right.  We're

        16       making decisions for every court case.

        17                  People will, in years to come, in

        18       law reviews wonder what the heck we were ever

        19       doing and why we were raising premiums.  Well,

        20       it's because people like the trial lawyers,

        21       their memo in support -- I'm speaking in

        22       opposition to it -- they have made some

        23       convoluted statements.

        24                  They talk about a health insurer



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6407



         1       enjoying a windfall.  "The health insurer is

         2       enjoying a windfall by both collecting

         3       premiums from a person covered and collecting

         4       reimbursement from a city."  Well, they forget

         5       to say that the health insurer has paid health

         6       benefits.  Someone has an injury, someone is

         7       harmed, the insurer is paying.  They skip over

         8       that.

         9                  We are abrogating the entire

        10       principle here tonight.  I don't believe it is

        11       supportable.  I am voting against this bill.

        12       I would urge my colleagues to do the same.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you, Senator.

        15                  Senator DeFrancisco.

        16                  SENATOR DeFRANCISCO:    Very

        17       briefly, it was just mentioned that there's no

        18       windfall to the insurance companies.  Well,

        19       the fact of the matter is under the present

        20       situation, without this bill, there definitely

        21       is a windfall.

        22                  There's a big difference between

        23       Medicaid having a lien on a recovery in a

        24       lawsuit because the plaintiff in the lawsuit



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6408



         1       doesn't paid pay premiums for the Medicaid

         2       benefits.  These are statutory rights that the

         3       state has provided, and the plaintiff is not

         4       paying premiums.

         5                  The windfall is very, very simple

         6       to understand.  If the insurance company is

         7       getting premiums to pay for the ill health of

         8       someone, they're being paid for the benefit

         9       they're providing.  It's double recovery if

        10       they're not only getting paid for the benefit

        11       provided, but then be able to recover once the

        12       plaintiff gets a recovery in a lawsuit.

        13                  And if you look at the statute, the

        14       statute precludes you from going after medical

        15       expenses.  You can't get that double dip.

        16                  And the other point I think that's

        17       really important for those who don't practice

        18       this type of law is that the insurance

        19       companies have a hold over settlements.  You

        20       try to settle a case, you try to find out what

        21       the lien is that they want.

        22                  And the fact of the matter is they

        23       hold a club over the settlement.  And if

        24       you've got to pay the lien of the insurance



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6409



         1       company, that means the defendant has to pay

         2       more in a settlement. That's not fair to that

         3       defendant, because the defendant wasn't

         4       getting premiums like the insurance company

         5       was for the health insurance.

         6                  So this is a very good bill.  It's

         7       good not only because it helps municipalities

         8       in getting reimbursement, but it prevents the

         9       double-dipping of insurance companies and

        10       makes for a more efficient settlement process

        11       so that the settlements are likely to be

        12       less -- and the insurance companies are not

        13       getting reimbursement as well as premiums.

        14                  So it's an excellent, excellent

        15       bill, long overview, and I would urge the

        16       support of both sides of the aisle.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Thank you, Senator.

        19                  Senator Volker.

        20                  SENATOR VOLKER:    Madam President,

        21       it really is ironic -- and I want to

        22       compliment my good friend Senator Sampson that

        23       an issue that I have been pursuing for I guess

        24       15 years is included in part of a bill



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6410



         1       sponsored by Senator Sampson.  Who, by the

         2       way, I think was a wonderful gentleman this

         3       year as chairman of Judiciary, I want to make

         4       that very clear.

         5                  But everybody should know that what

         6       is involved in this bill is a provision that

         7       relates to what's called collateral source.

         8       Now, collateral source has been around for

         9       years and it has caused millions and millions

        10       of dollars to be paid out by the City of

        11       New York, the City of Buffalo, the City of

        12       Rochester, counties, towns, villages.  Every

        13       municipality in this state has supported my

        14       attempt over the years, or our attempt over

        15       the years, to eliminate collateral source.

        16                  Now, it has been difficult for many

        17       reasons.  The Assembly has been reluctant to

        18       move on this unless we tag with that certain

        19       other issues.  And Senator DeFrancisco and I a

        20       couple of years ago had competing bills

        21       relating to how this issue would be taken care

        22       of.  Finally, what happened is we joined them

        23       together.

        24                  And although I hate to dispute my



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6411



         1       great friend Senator Hannon, who is brilliant

         2       in healthcare, I don't quite agree with the

         3       way in which he has decided that the situation

         4       will come down.  The truth is it is far more

         5       complicated than that.

         6                  Oh, it may raise, slightly,

         7       healthcare costs.  That is possible.  But the

         8       big thing is every city, town, village and

         9       county in this state is going to be able to

        10       keep or recover millions of dollars.  The City

        11       of New York, very conservatively now -- they

        12       used to say $100 million; they now say about

        13       30 million.  I think one reason is that they

        14       changed the way they insure.  But at any one

        15       given time, it could well be $100 million

        16       because of the way the system works.

        17                  So let me say that when this

        18       portion of the Legislature is over, there will

        19       be people in the business community and in the

        20       municipalities who will say that one of the

        21       major issues in tort reform that has been

        22       sought after for at least a decade was

        23       accomplished in this bill.

        24                  And I compliment my good friend,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6412



         1       the chairman of Judiciary.  I realize that

         2       this is not a perfect bill, and Senator Hannon

         3       did mention some of the difficulties that we

         4       have when you're dealing with this subrogation

         5       issue and when you're dealing with the issue

         6       of different trial issues.

         7                  But there's no question in my mind

         8       that the people of this state will be far

         9       better off and that specifically the

        10       municipalities of this state will be far

        11       better off when this bill is passed and passed

        12       through both houses and is signed by the

        13       Governor.

        14                  Congratulations, Senator Sampson.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator Volker.

        17                  Senator Schneiderman.

        18                  SENATOR SCHNEIDERMAN:    Thank you,

        19       Madam President.

        20                  I also rise to support this bill.

        21       And I have had the benefit of listening to

        22       Senator Volker and Senator DeFrancisco talk

        23       about it for a number of years, about this

        24       issue.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6413



         1                  And I just want to emphasize to all

         2       of my colleagues, this bill cleans up an area

         3       of law that can charitably be described right

         4       now as a mess as a result of several judicial

         5       decisions.

         6                  Right now a public defendant like

         7       the City of New York, or a county government,

         8       is treated differently under the law than a

         9       private defendant when it comes to whether

        10       insurance companies can seek to recover after

        11       there's a settlement of a tort claim.

        12                  The law now discourages settlements

        13       of cases because, remarkably, it provides that

        14       even though defendants aren't supposed to --

        15       you know, they will not pay for the medical

        16       costs that were reimbursed by insurance, that

        17       they're not allowed to settle a case if

        18       there's a slip-and-fall plaintiff because the

        19       insurers can intervene and demand a share of

        20       the settlement.

        21                  So the law is confusing, the law

        22       discourages settlements, and the law costs our

        23       local governments many millions of dollars a

        24       year.  The New York State Association of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6414



         1       Counties supports this bill, the City of

         2       New York supports it and says it's one of

         3       their top priorities.  This will make the law

         4       more just.

         5                  And it's not -- really, if you

         6       think about it, it just doesn't make sense to

         7       say if I pay my premiums, I have health

         8       insurance, the job of the insurer is to cover

         9       me if I'm hurt.  And if I happen to be hurt

        10       just on my own, they pay it.  And if I'm hurt

        11       in a tort claim and then sue someone and get a

        12       recovery -- which recovery does not, under the

        13       law, include my medical expenses that were

        14       paid for by the insurer -- why should they be

        15       allowed to come back and separately sue the

        16       defendant?

        17                  This costs the city and our

        18       counties and local governments a lot of money.

        19       It's unfair.  Having private defendants

        20       treated differently than public defendants is

        21       unfair.  Having a rule that discourages

        22       settlements like this is unfair.

        23                  This is a great solution to the

        24       problems in a comprehensive reform of these



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6415



         1       confusing areas of law.  It's great.  And I

         2       want to urge everyone also that this is a bill

         3       that we've been dealing with separately.

         4       Senator Sampson has put it together in a bill

         5       that has other provisions that will save local

         6       governments money.  It's, I think, something

         7       that everyone in this house should be able to

         8       support.

         9                  Obviously we hear a lot from local

        10       governments about unfunded mandates from

        11       Albany and how we need to do more to help

        12       them.  This bill helps them.  Let's do this

        13       tonight.

        14                  Thank you, Senator Sampson.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator Schneiderman.

        17                  Are there any other Senators

        18       wishing to be heard on the bill?

        19                  Senator Hannon, why do you rise?

        20                  SENATOR HANNON:    I'd like to

        21       speak again, if I'm permitted.  Briefly.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Hannon, on the bill.

        24                  SENATOR HANNON:    I have no idea



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6416



         1       how many of these local governments supported

         2       the mandate relief provision of the bill and

         3       how many support this provision of the bill.

         4       I wonder.  I haven't tracked it, but the bill

         5       did start as a mandate relief bill, and this

         6       was added on as the tail-end article.

         7                  And the second thing is for all of

         8       the arguments that I've heard from trial

         9       lawyers about it's difficult to settle, it's

        10       not difficult to settle, I have two points.

        11                  (A), it is difficult to settle.

        12       The Court of Appeals said we ought to address

        13       that.  Specifically, they said the Legislature

        14       did not address the procedures and the means

        15       of recovery.  Consequently, the Legislature

        16       may wish to reexamine the concept of

        17       permissible intervention under CPLR 1013.

        18                  You know what?  You know what's not

        19       done in this bill?  We didn't address that.

        20       And I think that's a major gap.  So we'll

        21       continue to have problems, right here.  Fasso,

        22       February 2009, Court of Appeals, New York

        23       State.  So it's there.  

        24                  And the worst part of it is what



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6417



         1       we've done by having the cutoff of subrogation

         2       is we have two different types of insurance

         3       that goes out in New York State.  One is

         4       subject to state regulation; the other is

         5       preempted by ERISA.  All we can affect is

         6       what's done by state regulation.

         7                  By adding this provision in, we're

         8       going to have two different types of

         9       negotiations.  It's going to take longer for

        10       plaintiffs and defendants to figure out under

        11       which category the coverage is and what are

        12       the permissible rules.  We have not solved

        13       problems here.  We've made it more

        14       complicated, we've made it more costly.  We'll

        15       be back to this area shortly.

        16                  Thank you.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Thank you, Senator.

        19                  Are there any other Senators

        20       wishing to be heard on the bill?

        21                  Hearing none, the debate is closed.

        22                  The Secretary will please ring the

        23       bells.

        24                  Read the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6418



         1                  THE SECRETARY:    Section 3.  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       Senator Schneiderman, to explain his vote.

         8                  SENATOR SCHNEIDERMAN:    Thank you,

         9       Madam President.

        10                  If it wasn't so late, I would enjoy

        11       having a lengthy colloquy with my friend

        12       Senator Hannon.

        13                  But I just do want to point out

        14       that the City of New York and NYSAC do support

        15       this provision of the bill explicitly, because

        16       this provision was taken from a separate bill

        17       I carried all year which that bill in itself

        18       was endorsed by the local governments.

        19                  And second, we do deal with the

        20       footnote in Fasso that was cited by Senator

        21       Hannon, page 20 of the bill, Section 8, line

        22       25 on.

        23                  So thank you, Madam President.  I

        24       appreciate these colloquies.  I look forward



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6419



         1       to doing them in the daylight.  But this is a

         2       good bill, it does address the relevant

         3       issues.  And this provision and the rest of

         4       the bill is all supported, separately and

         5       together, by our local governments.

         6                  Thank you.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Schneiderman to be recorded in the

         9       affirmative.

        10                  Senator Winner, to explain his

        11       vote.

        12                  SENATOR WINNER:    Thank you, Madam

        13       President.  I rise to support this

        14       legislation.

        15                  Clearly there are other provisions

        16       of this bill that are also extraordinarily

        17       important to local government, and those are

        18       the bonding provisions that are provided in

        19       here to allow local governments to be able to

        20       afford bonding terms that are going to be much

        21       more favorable to them to provide for economic

        22       development projects and the like.

        23                  That additionally, in conjunction

        24       with the collateral source provisions that



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6420



         1       have been called for by municipalities over

         2       and over and over for years after years, I

         3       think compel us to be in support of this

         4       legislation.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Excuse me, Senator.

         7                  (Gaveling for order.)

         8                  SENATOR WINNER:    Thank you, Madam

         9       President.

        10                  For those reasons, obviously I do

        11       disagree with my colleague Senator Hannon with

        12       regard to the impact of the subrogation

        13       provisions.  I think that there's a big

        14       differentiation between the settlement

        15       provisions and where subrogation should come

        16       into place, and the issue of collateral source

        17       set-offs after trial.  I think those are two

        18       very important distinctions that have not been

        19       raised during the debate here.

        20                  Collateral source is still

        21       available for those private health insurance

        22       companies who would otherwise be paying

        23       benefits that would have been to be separately

        24       stated in a verdict sheet after trial.  These



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6421



         1       are only provisions with regard to actions

         2       that are subject to settlements, and in almost

         3       every one of those instances there's always an

         4       opportunity and effort to try to isolate the

         5       dollars that are set aside for whether they be

         6       collateral source or whether they be for pain

         7       and suffering and the like, and therefore are

         8       always in dispute.

         9                  And that as a result, those private

        10       health insurance companies who are not subject

        11       to a statutory right of lien on those

        12       settlement proceeds are always in an ability

        13       to come in and interfere with that settlement,

        14       delay the provisions in the settlement of that

        15       case, and therefore cost the parties even more

        16       money.

        17                  Therefore, Madam President, I am

        18       supporting this legislation very

        19       enthusiastically.  Thank you very much.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Winner will be recorded in the

        22       affirmative.

        23                  Announce the results.

        24                  THE SECRETARY:    Those recorded in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6422



         1       the negative on Calendar Number 881 are

         2       Senators Alesi, Hannon, Larkin, LaValle,

         3       Marcellino, Seward, and Skelos.  Also Senator

         4       Farley.

         5                  Ayes, 49.  Nays, 8.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  The Secretary will continue to

         9       read.

        10                  THE SECRETARY:    Calendar Number

        11       882, by Senator Thompson, Senate Print --

        12                  SENATOR KLEIN:    Lay the bill

        13       aside for the day.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is laid aside for the day.

        16                  The Secretary will continue to

        17       read.

        18                  THE SECRETARY:    Calendar Number

        19       883, by Member of the Assembly Weprin,

        20       Assembly Print Number 3250 --

        21                  SENATOR KLEIN:    Lay the bill

        22       aside for the day.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The bill is laid aside for the day.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6423



         1                  The Secretary will continue to

         2       read.

         3                  THE SECRETARY:    Calendar Number

         4       885, substituted earlier today by Member of

         5       the Assembly Schroeder, Assembly Print Number

         6       2239, an act to amend the Real Property Tax

         7       Law.

         8                  SENATOR LIBOUS:    Read the last

         9       section.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the 90th day.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 57.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The bill is passed.

        22                  Senator Klein, that concludes the

        23       reading of the controversial calendar.

        24                  SENATOR KLEIN:    Madam President,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6424



         1       at this time can we stand at ease.

         2                  And if you can please recognize

         3       Senator Libous.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Libous.

         6                  SENATOR LIBOUS:    Thank you, Madam

         7       President.

         8                  There will be a brief Republican

         9       conference immediately.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The Senate stands at ease.

        12                  And there will be a brief

        13       Republican conference immediately.

        14                  (Whereupon, the Senate stood at

        15       ease at 10:35 p.m.)

        16                  (Whereupon, the Senate reconvened

        17       at 11:42 p.m.)

        18                  ACTING PRESIDENT VALESKY:    The

        19       Senate is in order.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, I

        22       move that we take up the Senate Resolution

        23       Calendar in its entirety.

        24                  ACTING PRESIDENT VALESKY:    All



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6425



         1       those in favor of adopting the Senate

         2       Resolution Calendar in its entirety signify by

         3       saying aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT VALESKY:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT VALESKY:    The

         9       Resolution Calendar is adopted.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President, at

        12       this time can we take up Senate Supplemental

        13       Calendar Number 61A.

        14                  Excuse me, Mr. President.  Can you

        15       just recognize Senator Larkin on one of the

        16       resolutions.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Larkin.

        19                  SENATOR LARKIN:    On Resolution

        20       2733.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Larkin, on the resolution.

        23                  SENATOR LARKIN:    Mr. President,

        24       thank you.  Thank you.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6426



         1                  This is very important.  You know,

         2       it's still the 16th day of July.  Forty years

         3       ago today, we launched on a mission that late

         4       President John F. Kennedy said "In this

         5       decade, we will land a man on the moon."  And

         6       on the 16th they took off, and on the 20th

         7       they landed.

         8                  You know, this is very, very

         9       important.  A lot of people here, around the

        10       world, are putting their stuff together this

        11       weekend out at San Francisco, out at Stanford,

        12       West Point.

        13                  There were three gentlemen, there

        14       was a gentleman by the name of Armstrong, a

        15       graduate of the University of Purdue; Buzz

        16       Aldrin, Class of 1950, West Point; Michael

        17       Collins, Class of West Point, 1952.  Armstrong

        18       and Aldrin were combat pilots before they

        19       became part of NASA.  As a matter of fact,

        20       Armstrong flew 78 combat missions over Korea.

        21       And Aldrin, a jet pilot also in Korea, flew 66

        22       combat missions and was shot down twice.

        23       Michael Collins was in the Cold War and later

        24       on became part of Iraq I.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6427



         1                  Now, these people have put together

         2       something that we all as Americans can be very

         3       proud of.  And I think it's something that we

         4       shouldn't pass lightly when you can start to

         5       think.  I see my colleague Senator Breslin

         6       looking up there; he said, "You know, if my

         7       brother just kept going, he might have been

         8       part of that."

         9                  Ladies and gentlemen, we as

        10       Americans ought to be very proud of these

        11       three Americans.  They took a ride and, as

        12       Armstrong said, one step for mankind, one

        13       giant step.

        14                  So, ladies and gentlemen, we should

        15       all thank God we have such dedicated Americans

        16       who back forty years ago, when going up in the

        17       air was not as easy as it is today -- and we

        18       ought to be thankful and look what they've

        19       done for us.

        20                 Thank you very much, Mr. President.

        21                  ACTING PRESIDENT VALESKY:    Thank

        22       you, Senator Larkin.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, at



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6428



         1       this time can we take up Senate Supplemental

         2       Calendar Number 61A.

         3                  ACTING PRESIDENT VALESKY:    The

         4       Secretary will read Senate Supplemental

         5       Calendar 61A.

         6                  THE SECRETARY:    Calendar Number

         7       896, by Member of the Assembly Weisenberg,

         8       Assembly Print Number 8905, an act to

         9       authorize.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section --

        13                  SENATOR DUANE:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 897, Senator Savino moves to

        18       discharge, from the Committee on Finance,

        19       Assembly Bill Number 4905A and substitute it

        20       for the identical Senate Bill Number 2343A,

        21       Third Reading Calendar 897.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6429



         1       897, by Member of the Assembly Markey,

         2       Assembly Print Number 4905A, an act to amend

         3       the General Municipal Law and the Retirement

         4       and Social Security Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect July 1.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 57.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 898, Senator Montgomery moves

        17       to discharge, from the Committee on Codes,

        18       Assembly Bill Number 7846B and substitute it

        19       for the identical Senate Bill Number 4865B,

        20       Third Reading Calendar 898.

        21                  ACTING PRESIDENT VALESKY:

        22       Substitution ordered.

        23                  THE SECRETARY:    Calendar Number

        24       898, by Member of the Assembly Millman,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6430



         1       Assembly Print Number 7846B, an act to amend

         2       the Family Court Act and the Social Services

         3       Law.

         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, 56.  Nays,

        12       1.  Senator Ranzenhofer recorded in the

        13       negative.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 899, Senator Perkins moves to

        18       discharge, from the Committee on Rules --

        19                  SENATOR KLEIN:    Lay the bill

        20       aside for the day.

        21                  ACTING PRESIDENT VALESKY:    The

        22       Secretary will complete the substitution.

        23                  THE SECRETARY:    Senator Perkins

        24       moves to discharge, from the Committee on



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6431



         1       Rules, Assembly Bill Number 8642 and

         2       substitute it for the identical Senate Bill

         3       Number 1145A, Third Reading Calendar 899.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered, and the bill is laid

         6       aside for the day.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 900, Senator Addabbo moves to

         9       discharge, from the Committee on Finance,

        10       Assembly Bill Number 584A and substitute it

        11       for the identical Senate Bill Number 1058A,

        12       Third Reading Calendar 900.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       900, by Member of the Assembly Cahill,

        17       Assembly Print Number 584A, an act to amend

        18       the Election Law.

        19                  ACTING PRESIDENT VALESKY:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect on the 15th of December.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6432



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 901, Senator Dilan moves to

         7       discharge, from the Committee on --

         8                  SENATOR KLEIN:    Lay the bill

         9       aside for the day.

        10                  ACTING PRESIDENT VALESKY:    The

        11       Secretary will complete the substitution.

        12                  THE SECRETARY:    -- from the

        13       Committee on Codes, Assembly Bill Number 225A

        14       and substitute it for the identical Senate

        15       Bill Number 1169B, Third Reading Calendar 901.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered, and the bill is laid

        18       aside for the day.

        19                  THE SECRETARY:    Calendar Number

        20       902, by Senator Duane, Senate Print --

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Saland.

        23                  SENATOR SALAND:    Mr. President,

        24       can you please tell me what bill we're on and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6433



         1       whether roll has been called?

         2                  ACTING PRESIDENT VALESKY:

         3       Calendar Number 901 was laid aside for the

         4       day.  We're waiting to proceed with 902.

         5                  SENATOR SALAND:    Has the bill

         6       been called?

         7                  ACTING PRESIDENT VALESKY:    It has

         8       not.

         9                  SENATOR SALAND:    Thank you, sir.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Klein.

        12                  SENATOR KLEIN:    Mr. President,

        13       can we stand at ease.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Senate will stand at ease.

        16                  (Whereupon, the Senate stood at

        17       ease at 11:50 p.m.)

        18                  (Whereupon, the Senate reconvened

        19       at 11:59 p.m.)

        20                  ACTING PRESIDENT VALESKY:    The

        21       Senate returns to session.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Mr. President,

        24       can we continue with the reading of Senate



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6434



         1       Supplemental Calendar Number 61A.

         2                  ACTING PRESIDENT VALESKY:    The

         3       Secretary will continue reading Senate

         4       Supplemental Calendar 61A.

         5                  The Secretary will place Calendar

         6       902 before the house.

         7                  THE SECRETARY:    Calendar Number

         8       902, by Senator Duane, Senate Print 1347, an

         9       act to amend the Personal Property Law.

        10                  SENATOR LIBOUS:    Lay it aside.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Libous, did you say lay it aside?

        13                  SENATOR LIBOUS:    I did.

        14                  ACTING PRESIDENT VALESKY:    Lay

        15       the bill aside.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Mr. President,

        18       the clock, I think, just almost struck

        19       midnight.  I would like the record to reflect

        20       that after consultation with Senator Libous,

        21       and with unanimous consent, we will continue

        22       this legislative session past midnight.

        23                  SENATOR LIBOUS:    Without

        24       objection.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6435



         1                  ACTING PRESIDENT VALESKY:    By

         2       unanimous consent, the Senate will continue

         3       its work past the midnight hour.

         4                  The Secretary will continue to

         5       read.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 903, Senator Perkins moves to

         8       discharge, from the Committee on Finance,

         9       Assembly Bill Number 2209C and substitute it

        10       for the identical Senate Bill Number 1537C,

        11       Third Reading Calendar 903.

        12                  SENATOR LIBOUS:    Read the last

        13       section.

        14                  ACTING PRESIDENT VALESKY:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       903, by Member of the Assembly Brodsky,

        18       Assembly Print Number 2209C, an act to amend

        19       the Public Authorities Law and the Executive

        20       Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 26.  This

        24       act shall take effect on the 60th day.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6436



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 903 are

         6       Senators Bonacic, DeFrancisco, Golden, Hannon,

         7       Larkin, LaValle, Leibell, Little, Marcellino,

         8       Maziarz, Padavan, Ranzenhofer, Saland, Skelos,

         9       Volker and Young.  Also Senator Fuschillo.

        10       Also Senator Libous.

        11                  Ayes, 39.  Nays, 18.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 904, Senator Thompson moves to

        16       discharge, from the Committee on Finance,

        17       Assembly Bill Number 4097 and substitute it

        18       for the identical Senate Bill Number 1590,

        19       Third Reading Calendar 904.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       904, by Member of the Assembly Millman,

        24       Assembly Print Number 4097, an act to amend



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6437



         1       the Economic Development 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, 57.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 905, Senator Valesky moves to

        14       discharge, from the Committee on Finance,

        15       Assembly Bill Number 1122 and substitute it

        16       for the identical Senate Bill Number 1599,

        17       Third Reading Calendar 905.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       905, by Member of the Assembly Destito,

        22       Assembly Print Number 1122, an act to amend

        23       the Public Service Law.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6438



         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 57.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 906, Senator Valesky moves to

        12       discharge, from the Committee on Finance,

        13       Assembly Bill Number 250 and substitute it for

        14       the identical Senate Bill Number 1608, Third

        15       Reading Calendar 906.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       906, by Member of the Assembly Magnarelli,

        20       Assembly Print Number 250, an act to amend the

        21       Executive Law and the Education Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6439



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 907, Senator Stavisky moves to

        10       discharge, from the Committee on Veterans,

        11       Homeland Security and Military Affairs,

        12       Assembly Bill Number 1247A and substitute it

        13       for the identical Senate Bill Number 1743A,

        14       Third Reading Calendar 907.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       907, by Member of the Assembly Lancman,

        19       Assembly Print Number 1247A, an act in

        20       relation to enacting.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6440



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 57.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 908, Senator Duane moves to

         9       discharge, from the Committee on Finance,

        10       Assembly Bill Number 6741B and substitute it

        11       for the identical Senate Print Number 3180B,

        12       Third Reading Calendar 908.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       908, by Member of the Assembly --

        17                  SENATOR LIBOUS:    Lay it aside.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 909, Senator Onorato moves to

        22       discharge, from the Committee on Finance,

        23       Assembly Bill Number 6963 and substitute it

        24       for the identical Senate Bill Number 3358B,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6441



         1       Third Reading Calendar 909.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       909, by Member of the Assembly Zebrowski,

         6       Assembly Print Number 6963, an act to amend

         7       the Labor Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 4.  This

        11       act shall --

        12                  SENATOR DUANE:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 910, Senator Dilan moves to

        17       discharge, from the Committee on Finance,

        18       Assembly Bill Number 7056B and substitute it

        19       for the identical Senate Bill Number 3531B,

        20       Third Reading Calendar 910.

        21                  ACTING PRESIDENT VALESKY:

        22       Substitution ordered.

        23                  Senator Padavan, why do you rise?

        24                  SENATOR PADAVAN:    Will Senator



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6442



         1       Dilan answer a question, please?

         2                  ACTING PRESIDENT VALESKY:    We

         3       need to put the bill before the house.

         4                  THE SECRETARY:    Calendar Number

         5       910, by Member of the Assembly Benedetto,

         6       Assembly Print Number 7056B, an act to amend

         7       the Public Authorities Law.

         8                  SENATOR KLEIN:    Lay the bill

         9       aside for the day.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside for the day.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 911, Senator Stavisky moves to

        14       discharge, from the Committee on Finance,

        15       Assembly Bill Number 6391 and substitute it

        16       for the identical Senate Bill Number 3603,

        17       Third Reading Calendar 911.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitution ordered.

        20                  SENATOR LIBOUS:    Lay it aside.

        21                  SENATOR KLEIN:    Lay the bill

        22       aside for the day.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside for the day.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6443



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 912, Senator Dilan moves to

         3       discharge, from the Committee on Codes,

         4       Assembly Bill Number 8612A and substitute it

         5       for the identical Senate Bill Number 3623A,

         6       Third Reading Calendar 912.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       912, by Member of the Assembly Gantt, Assembly

        11       Print Number 8612A, an act to amend the

        12       Vehicle and Traffic Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 5.  This

        16       act shall take effect on the 90th day.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Flanagan, to explain his vote.

        22                  SENATOR FLANAGAN:    Thank you,

        23       Mr. President.

        24                  I was discussing this bill with



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6444



         1       Senator Lanza, and I know in some respects

         2       people say you're crazy to vote against a bill

         3       like this.  But at some point, looking at kids

         4       and determining their age, I'm not sure we're

         5       going in the right direction here.

         6                  The child restraint system, I

         7       understand; wearing a seat belt, I understand.

         8       But now I'm not quite sure if this means a

         9       child who's 8 years old has to be in some type

        10       of car seat or some limited car seat.  I don't

        11       know that that's properly defined.

        12                  It just seems to me that we're

        13       going perhaps a bit too far.  All for safety,

        14       but at some point kids can sit like regular

        15       people in a car.  I'm voting no.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Flanagan to be recorded in the

        18       negative.

        19                  Announce the results.

        20                  THE SECRETARY:    Ayes, 55.  Nays,

        21       2.  Senators Flanagan and Little recorded in

        22       the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6445



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 913, Senator Adams moves to

         3       discharge, from the Committee on Finance,

         4       Assembly Bill Number 8555A and substitute it

         5       for the identical Senate Bill Number 3285A,

         6       Third Reading Calendar 913.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       913, by Member of the Assembly Espaillat,

        11       Assembly Print Number 8555A, an act to amend

        12       the Executive Law and the State Finance Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section --

        16                  SENATOR DUANE:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 914, Senator Duane moves to

        21       discharge, from the Committee on Finance,

        22       Assembly Bill Number 903 and substitute it for

        23       the identical Senate Bill Number 3842, Third

        24       Reading Calendar 914.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6446



         1                  ACTING PRESIDENT VALESKY:

         2       Substitution ordered.

         3                  THE SECRETARY:    Calendar Number

         4       914, by Member of the Assembly Gottfried,

         5       Assembly Print Number 903, an act to amend the

         6       Public Health Law.

         7                  SENATOR LIBOUS:    Read the last

         8       section.

         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                  THE SECRETARY:    Ayes, 57.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       915, by Senator Dilan, Senate Print 3992A, an

        21       act to amend the Insurance Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6447



         1       act shall take effect --

         2                  SENATOR KLEIN:    Lay the bill

         3       aside for the day.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside for the day.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 916, Senator Valesky moves to

         8       discharge, from the Committee on Finance,

         9       Assembly Bill Number 2442C and substitute it

        10       for the identical Senate Bill Number 4283B,

        11       Third Reading Calendar 916.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       916, by Member of the Assembly Destito,

        16       Assembly Print Number 2442C, an act to amend

        17       the Public Service Law and the Public

        18       Authorities Law.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6448



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 917, Senator Valesky moves to

         7       discharge, from the Committee on Finance,

         8       Assembly Bill Number 7742A and substitute it

         9       for the identical Senate Bill Number 4330A,

        10       Third Reading Calendar 917.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       917, by Member of the Assembly Destito,

        15       Assembly Print Number 7742A, an act to amend

        16       the Agriculture and Markets Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect --

        21                  SENATOR DUANE:    Lay it aside.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6449



         1       Calendar Number 918, Senator Aubertine moves

         2       to discharge, from the Committee on

         3       Corporations, Authorities and Commissions.

         4       Assembly Bill Number 4218 and substitute it

         5       for the identical Senate Bill Number 4364A,

         6       Third Reading Calendar 918.

         7                  ACTING PRESIDENT VALESKY:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       918, by Member of the Assembly Brodsky.

        11       Assembly Print Number 4218, an act to amend

        12       the Not-For-Profit Corporation Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect on the 60th day.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 57.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 919, Senator Savino moves to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6450



         1       discharge, from the Committee on Codes,

         2       Assembly Bill Number 8043 and substitute it

         3       for the identical Senate Bill Number 4796,

         4       Third Reading Calendar 919.

         5                  ACTING PRESIDENT VALESKY:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       919, by Member of the Assembly Cusick,

         9       Assembly Print Number 8043, an act to amend

        10       the Civil Practice Law and Rules.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  SENATOR DUANE:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 920, Senator Huntley moves to

        18       discharge, from the Committee on Codes,

        19       Assembly Bill Number 6349 and substitute it

        20       for the identical Senate Bill Number 5208,

        21       Third Reading Calendar 920.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6451



         1       920, by Member of the Assembly Gordon,

         2       Assembly Print Number 6349, an act to amend

         3       the Penal Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect on the first of

         8       November.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 57.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       921, by Senator Stachowski, Senate Print

        17       5575A, an act creating an Economic Development

        18       Benefit Task Force.

        19                  ACTING PRESIDENT VALESKY:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect on the 30th day.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6452



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 922, Senator Squadron moves to

         7       discharge, from the Committee on Commerce,

         8       Economic Development and Small Business,

         9       Assembly Bill Number 8518 and substitute it

        10       for the identical Senate Bill Number 5578,

        11       Third Reading Calendar 922.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       922, by Member of the Assembly Schimminger,

        16       Assembly Print Number 8518, an act to amend

        17       the Alcoholic Beverage Control 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.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6453



         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 922 are

         3       Senators Bonacic, DeFrancisco, Farley,

         4       Flanagan, Fuschillo, Griffo, Huntley, Lanza,

         5       Larkin, Libous, Little, Ranzenhofer, Robach,

         6       Saland and Winner.  Also Senator Monserrate.

         7       Also Senator Young.

         8                  Ayes, 40.  Nays, 17.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 923, Senator Aubertine moves

        13       to discharge, from the Committee on Finance,

        14       Assembly Bill Number 8405C, and substitute it

        15       for the identical Senate Bill Number 5603C,

        16       Third Reading Calendar 923.

        17                  ACTING PRESIDENT VALESKY:

        18       Substitution ordered.

        19                  THE SECRETARY:    Calendar Number

        20       923, by Member of the Assembly Brodsky,

        21       Assembly Print Number 8405C, an act to create

        22       a Temporary New York State War of 1812 200th

        23       Anniversary Commemoration Commission.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6454



         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  SENATOR DUANE:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 924, Senator Savino moves to

         9       discharge, from the Committee on Finance,

        10       Assembly Bill Number 8228 and substitute it

        11       for the identical Senate Bill Number 5632,

        12       Third Reading Calendar 924.

        13                  ACTING PRESIDENT VALESKY:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       924, by Member of the Assembly Abbate,

        17       Assembly Print Number 8228, an act to amend

        18       the Retirement and Social Security Law.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6455



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 925, Senator Aubertine moves

         7       to discharge from the Committee on

         8       Corporations, Authorities and Commissions,

         9       Assembly Bill Number 8643 and substitute it

        10       for the identical Senate Bill Number 5732,

        11       Third Reading Calendar 925.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       925, by Member of the Assembly Cahill,

        16       Assembly Print Number 8643, an act to amend

        17       the New York State Urban Development

        18       Corporation Act.

        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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6456



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       926, by Senator Sampson, Senate Print 5764, an

         7       act to amend the Social Services Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  SENATOR DUANE:    Lay it aside.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 927, Senator Thompson moves to

        15       discharge, from the Committee on

        16       Investigations and Government Operations,

        17       Assembly Bill Number 7246B and substitute it

        18       for the identical Senate Bill Number 5779,

        19       Third Reading Calendar 927.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       927, by Member of the Assembly Lupardo,

        24       Assembly Print Number 7246B, an act to amend



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6457



         1       the Public Buildings 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                  ACTING PRESIDENT VALESKY:

        10       Senator Little, to explain her vote.

        11                  SENATOR LITTLE:    Thank you,

        12       Mr. President.  Just briefly.

        13                  While it's definitely a good idea

        14       for green construction and energy efficiency,

        15       I just think that at this time, with the

        16       state's finances the way they are, this is an

        17       imposition on OGS to do this and it would be a

        18       little bit too expensive at this time.

        19                  Therefore, I will vote in the

        20       negative.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Little to be recorded in the negative.

        23                  Results.

        24                  THE SECRETARY:    Ayes, 55.  Nays,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6458



         1       2.  Senators DeFrancisco and Little recorded

         2       in the negative.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 928, Senator Espada moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 8842 and substitute it

         9       for the identical Senate Bill Number 5892,

        10       Third Reading Calendar 928.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       928, by Member of the Assembly Crespo,

        15       Assembly Print Number 8842, an act to amend

        16       the Private Housing Finance 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, 57.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6459



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 929, Senator Parker moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Print Number 1004 and substitute it

         7       for the identical Senate Bill Number 5929,

         8       Third Reading Calendar 929.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       929, by Member of the Assembly Dinowitz,

        13       Assembly Print Number 1004, an act to amend

        14       the Insurance Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  SENATOR DUANE:    Lay it aside.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    Calendar Number

        21       930, by Senator C. Kruger, Senate Print 5956,

        22       an act to amend the Real Property Tax Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6460



         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect --

         3                  SENATOR LIBOUS:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  SENATOR SMITH:    Lay it aside for

         7       the day.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside for the day.

        10                  THE SECRETARY:    Calendar Number

        11       931, by Senator Klein, Senate Print 5980, an

        12       act to amend the Insurance Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 5.  This

        16       act shall take effect on the 30th day.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 57.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       932, by Senator Klein, Senate Print 5981, an



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6461



         1       act to amend the Education Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 4.  This

         5       act shall take --

         6                  SENATOR DUANE:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 933, Senator Savino moves to

        11       discharge, from the Committee on Rules,

        12       Assembly Bill Number 6493D and substitute it

        13       for the identical Senate Bill Number 5982,

        14       Third Reading Calendar 933.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       933, by --

        19                  SENATOR LIBOUS:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 934, Senator Klein moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6462



         1       Assembly Bill Number 3367A and substitute it

         2       for the identical Senate Bill Number 5990,

         3       Third Reading Calendar 934.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       934, by Member of the Assembly Englebright,

         8       Assembly Print Number 3367A, an act to amend

         9       the Election 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, 57.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  SENATOR LIBOUS:    Excuse me,

        21       Mr. President.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Libous.

        24                  SENATOR LIBOUS:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6463



         1       933 was laid aside inadvertently.  And if we

         2       could bring that back up and take it on.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Libous withdraws his lay-aside on

         5       Calendar Number 933.  The Secretary will place

         6       933 before the house.

         7                  THE SECRETARY:    Calendar Number

         8       933, substituted earlier by Member of the

         9       Assembly John, Assembly Print Number 6493D, an

        10       act to amend the Labor Law and the General

        11       Business Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Those recorded in

        20       the negative on Calendar Number 933 are

        21       Senators Alesi, Bonacic, DeFrancisco, Farley,

        22       Flanagan, Hannon, Larkin, LaValle, Leibell,

        23       Libous, McDonald, Nozzolio, Ranzenhofer,

        24       Robach, Saland, Seward, Volker, Winner and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6464



         1       Young.  Also Senator Little.

         2                  Ayes, 37.  Nays, 20.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 935, Senator Klein moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Print Number 8018A and substitute it

         9       for the identical Senate Bill Number 5998,

        10       Third Reading Calendar 935.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       935, by Member of the Assembly Morelle,

        15       Assembly Print Number 8018A, an act to amend

        16       the 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, 57.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6465



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 936, Senator Breslin moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Bill Number 9033 and substitute it

         7       for the identical Senate Bill Number 6024,

         8       Third Reading Calendar 936.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       936, by Member of the Assembly Gottfried,

        13       Assembly Print Number 9033, an act to amend

        14       the Social Services Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act --

        19                  SENATOR LIBOUS:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       937, by Senator Foley, Senate Print 6041, an

        24       act to amend the Real Property Tax Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6466



         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  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, 57.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 938, Senator Aubertine moves

        13       to discharge, from the Committee on Rules,

        14       Assembly Bill Number 9019 and substitute it

        15       for the identical Senate Bill Number 6046,

        16       Third Reading Calendar 938.

        17                  ACTING PRESIDENT VALESKY:

        18       Substitution ordered.

        19                  THE SECRETARY:    Calendar Number

        20       938, by Member of the Assembly Cahill,

        21       Assembly Print Number 9019, an act to amend

        22       the State Finance Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6467



         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, 57.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 939, Senator Stachowski moves

        11       to discharge, from the Committee on Rules,

        12       Assembly Print Number 9040 and substitute it

        13       for the identical Senate Bill Number 6050,

        14       Third Reading Calendar 939.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       939, by Member of the Assembly Cahill --

        19                  SENATOR MAZIARZ:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 940, Senator Valesky moves to

        24       discharge, from the Committee on Rules,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6468



         1       Assembly Bill Number 9023 and substitute it

         2       for the identical Senate Bill Number 6056,

         3       Third Reading Calendar 940.

         4                  ACTING PRESIDENT VALESKY:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       940, by Member of the Assembly Hoyt, Assembly

         8       Print Number 9023, an act to amend the Tax

         9       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, 57.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 941, Senator Robach moves to

        22       discharge, from the Committee on Health,

        23       Assembly Print Number 6818A and substitute it

        24       for the identical Senate Bill Number 939A,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6469



         1       Third Reading Calendar 941.

         2                  ACTING PRESIDENT VALESKY:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       941, by Member of the Assembly Morelle,

         6       Assembly Print Number 6818A, an act to amend

         7       the Public Health Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  SENATOR DUANE:    Lay it aside.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 942, Senator Stavisky moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 2713 and substitute it

        17       for the identical Senate Bill Number 2295,

        18       Third Reading Calendar 942.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       942, by Member of the Assembly Glick, Assembly

        23       Print Number 2713, an act to amend the

        24       Education Law.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6470



         1                  SENATOR KLEIN:    Lay the bill

         2       aside for the day.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside for the day.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 943, Senator Winner moves to

         7       discharge, from the Committee on Education,

         8       Assembly Bill Number 7506 and substitute it

         9       for the identical Senate Bill Number 4126,

        10       Third Reading Calendar 943.

        11                  ACTING PRESIDENT VALESKY:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       943, by Member of the Assembly Bacalles,

        15       Assembly Print Number 7506, an act in relation

        16       to capital improvement.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall --

        21                  SENATOR DUANE:    Lay it aside.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6471



         1       Calendar Number 944, Senator Stavisky moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 8219 and substitute it

         4       for the identical Senate Bill Number 4200,

         5       Third Reading Calendar 944.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       944, by Member of the Assembly Glick, Assembly

        10       Print Number 8219, an act to amend the

        11       Education Law and the State Finance Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  SENATOR LaVALLE:    Lay it aside.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is laid aside.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 945, Senator Hassell-Thompson

        19       moves to discharge, from the Committee on

        20       Finance, Assembly Bill Number 3843A and

        21       substitute it for the identical Senate Bill

        22       Number 5036, Third Reading Calendar 945.

        23                  ACTING PRESIDENT VALESKY:

        24       Substitution ordered.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6472



         1                  THE SECRETARY:    Calendar Number

         2       945, by Member of the Assembly Rosenthal,

         3       Assembly Print Number 3843A, an act to amend

         4       the Social Services Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall --

         9                  SENATOR WINNER:    Lay it aside.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       946, by Senator Stachowski, Senate Print

        14       5598B, an act to amend the General Municipal

        15       Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 20.  This

        19       act shall take effect immediately.

        20                  SENATOR MAZIARZ:    Lay the bill

        21       aside.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6473



         1       947, by Senator Parker, Senate Print 5615, an

         2       act to amend the Public Service Law and the

         3       General Business Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section --

         7                  SENATOR WINNER:    Lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 948, Senator Maziarz moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 8826 and substitute it

        14       for the identical Senate Bill Number 5872,

        15       Third Reading Calendar 948.

        16                  ACTING PRESIDENT VALESKY:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       948, by Member of the Assembly Schimminger,

        20       Assembly Print Number 8826, an act to amend

        21       the Social Services Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  SENATOR DUANE:    Lay it aside.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6474



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 949, Senator O. Johnson moves

         5       to discharge, from the Committee on Rules,

         6       Assembly Bill Number 8862 and substitute it

         7       for the identical Senate Bill Number 6073,

         8       Third Reading Calendar 949.

         9                  ACTING PRESIDENT VALESKY:

        10       Substitution ordered.

        11                  THE SECRETARY:    Calendar Number

        12       949, by Member of the Assembly Sweeney,

        13       Assembly Print Number 8862, an act to amend

        14       the Town Law.

        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:    Ayes, 57.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6475



         1       950, by Senator Duane, Senate Print 2664, an

         2       act to amend the Social Services Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  MULTIPLE SENATORS:    Lay it aside.

         6                  SENATOR LIBOUS:    Lay it aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       951, by Senator Parker, Senate Print 5576, an

        11       act to amend the Education Law and the

        12       New York City Charter.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  SENATOR WINNER:    Lay it aside.

        18                  MULTIPLE SENATORS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       952, by Senator Dilan, Senate Print 5861A, an

        23       act to amend the Tax Law.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6476



         1       the last section.

         2                  MULTIPLE SENATORS:    Lay it aside.

         3                  SENATOR KLEIN:    Lay it aside for

         4       the day.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside for the day.

         7                  Senator Smith, that completes the

         8       noncontroversial reading of Senate

         9       Supplemental Calendar 61A.

        10                  Senator Libous.

        11                  SENATOR LIBOUS:    Mr. President, I

        12       believe if I can just -- if you call on

        13       Senator Maziarz, he would like to withdraw a

        14       lay-aside and we could address it.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Maziarz.

        17                  SENATOR MAZIARZ:    Thank you,

        18       Mr. President.  Could I withdraw the lay-aside

        19       for Calendar 946, Senate Bill 5598B, please.

        20                  ACTING PRESIDENT VALESKY:    The

        21       Secretary will place Calendar 946 before the

        22       house.

        23                  THE SECRETARY:    Calendar Number

        24       946, by Senator Stachowski, Senate Print



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6477



         1       5598B, an act to amend the General Municipal

         2       Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 20.  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 Maziarz.

        12                  SENATOR MAZIARZ:    Mr. President,

        13       to explain my vote.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Maziarz, to explain his vote.

        16                  SENATOR MAZIARZ:    Mr. President,

        17       I intend on voting in favor of this bill.

        18                  We just a few minutes ago passed

        19       Calendar Number 921, which creates a

        20       commission to study the benefits -- or the

        21       successes and failures of the Empire Zone

        22       program.  That has to be the fastest report of

        23       any commission we've ever appointed, because

        24       now we're passing a bill that does the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6478



         1       corrections to the Empire Zone program --

         2       which quite frankly, in the budget which was

         3       passed here by one vote, we nearly destroyed

         4       the good parts of the Empire Zone program.

         5                  So, Mr. President, I think this is

         6       a good bill, and I'm going to be voting in

         7       favor of it.

         8                  Thank you.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Maziarz to be recorded in the

        11       affirmative.

        12                  Senator Stachowski, to explain his

        13       vote.

        14                  SENATOR STACHOWSKI:    Just to

        15       explain my vote, Mr. President.

        16                  The bill that we are passing now is

        17       a technical cleanup bill of the action that

        18       was taken in the budget.

        19                  For those that would be interested

        20       in what the 920 bill actually does, it sets up

        21       a commission to develop the program that will

        22       come after Empire Zones disappears.  And so

        23       it's a program bill that -- a task force that

        24       people in the Empire Zone -- either people



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6479



         1       that are in it, people that work with it --

         2       throughout the state have been reaching out to

         3       us since we announced we were trying to do

         4       this, to try to get membership on that task

         5       force so that they can take part in developing

         6       the new program.  Which is the way we would

         7       like that to happen.

         8                  But this particular technical

         9       change that we're doing in this bill addresses

        10       the problems that everybody brought to us that

        11       were in the budget.  The fact is that the

        12       look-back now will go back only to January

        13       '09, which is very important to the people

        14       that are in Empire Zones.

        15                  It also gives them an opportunity

        16       to be considered either -- if there's people

        17       that own multiple projects that are in various

        18       Empire Zones, they can be either considered

        19       individually or all at once.  It would be

        20       their option.  That's another part that people

        21       brought to us.

        22                  The other thing it does is it

        23       clears up what shirt-changer is and talks

        24       about that you have to change your federal ID



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6480



         1       number to be a shirt-changer.

         2                  So the cleanups in this bill are

         3       very important to the people that are

         4       participating in the Empire Zone program.  We

         5       listened to them when they talked to us after

         6       the budget was passed.  We did the best we

         7       could in cleaning up the program that was

         8       originally put in by the Governor in the

         9       budget.  And this is a technical change that

        10       even cleans it up better, as presented to us

        11       by the people that do business in Empire

        12       Zones.

        13                  So we're glad that this bill is on

        14       the floor.  We're hoping that the Assembly

        15       will see its passage and that Assemblyman

        16       Schimminger will be able to carry the day in

        17       the Assembly and get this done so we'll have a

        18       cleaner program that will carry on until we

        19       address the new program.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Stachowski to be recorded in the

        23       affirmative.

        24                  Senator Winner, to explain his



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6481



         1       vote.

         2                  SENATOR WINNER:    Thank you,

         3       Mr. President.

         4                  Briefly, I am supporting this bill.

         5       It's just a clear example as to the necessity

         6       for this bill is the fact that we did this

         7       budget in secret and caused all these problems

         8       with regard to the Empire Zone program.  And

         9       this bill is a reflection of the mistakes that

        10       were made in that secretive process.

        11                  It's just unfortunate that those

        12       deliberations weren't done in the open so we

        13       wouldn't have made that mistake, because now

        14       we're dependent upon an Assembly that has been

        15       heretofore unwilling to be cooperative with

        16       regard to the Empire Zone program.

        17                  And so while I'm hopeful that they

        18       will in fact agree with this measure, I am

        19       somewhat skeptical and I am somewhat

        20       disappointed that in fact we got to this point

        21       whereby in particular our upstate regions are

        22       in so much jeopardy with regard to their

        23       noncompetitiveness that the Empire Zone

        24       changes that are made are going to make



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6482



         1       further economic difficulties for us in our

         2       upstate region.

         3                  So while I will support this

         4       measure, it's unfortunate that we had to be in

         5       this position.  Had we done a more diligent

         6       job in the budget in the first place, we

         7       wouldn't be here.

         8                  I vote in the affirmative.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Winner to be recorded in the

        11       affirmative.

        12                  Senator Nozzolio, to explain his

        13       vote.

        14                  SENATOR NOZZOLIO:    Thank you,

        15       Mr. President.  I echo the words of Senator

        16       Winner.

        17                  But this cleanup bill is attempting

        18       to address a mess that is huge across New York

        19       State, a mess that puts havoc into economic

        20       development, a mess that was created by one

        21       single vote in the last budget process.

        22                  This budget never should have had

        23       this provision in it.  It never should have

        24       sent a signal to business that New York is all



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6483



         1       over the place, it's unreliable.

         2                  That this cleanup measure is a

         3       half-step in the right direction, but it

         4       doesn't undo the damage that has already been

         5       done to businesses that are trying to make

         6       sound economic decisions to bring jobs and

         7       keep jobs in New York State.

         8                  Mr. President, I support this

         9       measure but certainly wish that we did not

        10       have to be here.  And I think Senator Winner's

        11       question about whether the Assembly will in

        12       fact finish this cleanup is one that remains

        13       open.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Nozzolio to be recorded in the

        16       affirmative.

        17                  Announce the results.

        18                  THE SECRETARY:    Ayes, 57.  Nays,

        19       0.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  SENATOR WINNER:    Mr. President.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Winner.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6484



         1                  SENATOR WINNER:    Yes, I'd like to

         2       remove my lay-aside on Calendar Number 951.

         3                  ACTING PRESIDENT VALESKY:    The

         4       Secretary will place Calendar Number 951

         5       before the house.

         6                  THE SECRETARY:    Calendar Number

         7       951, by Senator Parker, Senate Print 5576, an

         8       act to amend the Education Law and the

         9       New York City Charter.

        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                  SENATOR KLEIN:    Lay the bill

        18       aside for the day.

        19                  ACTING PRESIDENT VALESKY:    The

        20       roll call is withdrawn, and the bill is laid

        21       aside for the day.

        22                  Senator Klein, that completes the

        23       noncontroversial reading of the calendar.

        24                  SENATOR KLEIN:    Mr. President, at



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6485



         1       this time can we move to a reading of the

         2       controversial calendar, Senate Supplemental

         3       Calendar Number 61A.

         4                  ACTING PRESIDENT VALESKY:    The

         5       Secretary will proceed with the controversial

         6       reading of Supplemental Calendar Number 61A.

         7                  THE SECRETARY:    Calendar Number

         8       896, by Member of the Assembly Weisenberg,

         9       Assembly Print Number 8905, an act to

        10       authorize.

        11                  SENATOR DUANE:    Explanation.

        12                  (Pause.)

        13                  SENATOR SKELOS:    Mr. President.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Skelos.

        16                  SENATOR SKELOS:    Are we at ease,

        17       or are we having press conferences now?  Can I

        18       just clarify what's happening right now?

        19                  ACTING PRESIDENT VALESKY:    Sure.

        20       Calendar Number 896 is before the house.

        21       Senator Duane has asked for an explanation.

        22                  SENATOR SKELOS:    Fine.

        23                  ACTING PRESIDENT VALESKY:    And

        24       I'm waiting for -- since there is no Senate



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6486



         1       sponsor for this bill, I'm waiting for a

         2       Senator to explain the bill.

         3                  SENATOR SKELOS:    This Young

         4       Israel of Hewlett is in my district.  The bill

         5       is sponsored by Assemblyman Weisenberg, and it

         6       would allow Young Israel of Hewlett to file an

         7       application for a real property tax exemption

         8       with the County of Nassau retroactively.

         9                  ACTING PRESIDENT VALESKY:    Thank

        10       you, Senator Skelos.

        11                  Senator Duane.

        12                  SENATOR DUANE:    Explanation

        13       satisfactory.  Thank you, Senator.

        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, 55.  Nays,

        22       2.  Senators Bonacic and Larkin recorded in

        23       the negative.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6487



         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       902, by Senator Duane, Senate Print 1347, an

         4       act to amend the Personal Property Law.

         5                  SENATOR SKELOS:    Explanation,

         6       please.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Duane, an explanation has been

         9       requested.

        10                  SENATOR DUANE:    Thank you,

        11       Mr. President.

        12                  This legislation would require that

        13       all rent-to-own merchandise be -- that the

        14       prices can't be inflated above the local

        15       market rate; that all hidden fees must be

        16       disclosed in the purchase agreement; that

        17       interest and other charges have to comply with

        18       the federal Truth in Lending Act, which is the

        19       standard for all credit cards; that all fees

        20       must be itemized in the purchase agreement;

        21       that the purchase agreements must clearly

        22       state how many payments are necessary to

        23       purchase the merchandise; and that if a renter

        24       should cancel the agreement, the rent-to-own



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6488



         1       agreement, that the penalty fee cannot be more

         2       than 10 percent and that interest rates cannot

         3       be more than 25 percent per year.

         4                  I think many of us have heard --

         5                  SENATOR SKELOS:    If I could --

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Skelos.

         8                  SENATOR SKELOS:    -- the

         9       explanation is sufficient.  Thank you very

        10       much.

        11                  ACTING PRESIDENT VALESKY:    Thank

        12       you, Senator Duane.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect on the 180th day.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Those recorded in

        20       the negative on Calendar Number 902 are

        21       Senators Alesi, Bonacic, DeFrancisco, Farley,

        22       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        23       Lanza, Larkin, LaValle, Leibell, Libous,

        24       Little, Marcellino, Maziarz, McDonald,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6489



         1       Morahan, Nozzolio, Padavan, Ranzenhofer,

         2       Robach, Saland, Seward, Skelos, Volker, Winner

         3       and Young.

         4                  Ayes, 28.  Nays, 29.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is defeated.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President,

         9       with unanimous consent, and after consultation

        10       with Senator Libous, I ask that we withdraw

        11       the lay-aside on Calendar Number 951 and take

        12       it up as part of the noncontroversial

        13       calendar.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will place Calendar 951 before the

        16       house, noncontroversial.

        17                  THE SECRETARY:    Calendar Number

        18       951, by Senator Parker, Senate Print 5576, an

        19       act to amend the Education Law and the

        20       New York City Charter.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6490



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  SENATOR PARKER:    Lay it aside.

         5                  SENATOR KLEIN:    Lay the bill

         6       aside.

         7                  ACTING PRESIDENT VALESKY:    The

         8       roll call is withdrawn, and the bill is laid

         9       aside.

        10                  The Secretary will continue to call

        11       the bills in calendar order.

        12                  THE SECRETARY:    Calendar Number

        13       908, substituted earlier today by Member of

        14       the Assembly Bradley, Assembly Print Number

        15       6741B, an act to amend the Public Health Law

        16       and the Insurance Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  SENATOR SEWARD:    On the bill.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Seward, on the bill.

        22                  SENATOR SEWARD:    Yeah, briefly on

        23       the bill, Mr. President.

        24                  In an effort to render quality



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6491



         1       medical care as well as to control costs, many

         2       of the HMOs and our health plans have

         3       established managed-care networks of providers

         4       who have agreed to provide care for members of

         5       that particular health plan or HMO at a

         6       reasonable rate of expense.  And that helps to

         7       keep the costs of health premiums down.

         8                  But this legislation before us, my

         9       fear is would increase costs, would diminish

        10       managed-care plans, would gut managed-care

        11       plans, diminish their ability to protect plan

        12       participants as well as significantly alter

        13       these provider networks that have been

        14       established.

        15                  And in light of existing New York

        16       regulations, this bill is unnecessary and

        17       would not benefit insureds, because current

        18       law does permit referrals to nonparticipating

        19       laboratories under certain circumstances and

        20       they are indeed paid.

        21                  So, Mr. President, I would

        22       encourage a no vote on this legislation.

        23                  ACTING PRESIDENT VALESKY:    Thank

        24       you, Senator Seward.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6492



         1                  Are there any other Senators who

         2       wish to be heard?

         3                  Senator Duane.

         4                  SENATOR DUANE:    Thank you,

         5       Mr. President.

         6                  You know, I'm confident that people

         7       understand that sometimes numbers don't

         8       necessarily mean that they're correct or that

         9       people that have more numbers in their group

        10       at a moment in time, that doesn't necessarily

        11       make them correct on an issue.

        12                  That said, I just want to describe

        13       what this piece of legislation does.

        14                  Unfortunately, current law permits

        15       health plans to limit consumers and their

        16       providers to certain clinical labs and health

        17       plans in a network.  That deprives the

        18       consumer as well as the prescriber of choosing

        19       the best clinical laboratory that serves their

        20       needs.  In fact, in some cases some labs offer

        21       more and/or different or more precise

        22       information to the consumer and the healthcare

        23       provider.

        24                  And I don't think that we -- I do



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6493



         1       not want on me that I would deprive a

         2       healthcare provider and their patient from

         3       getting the best possible information.

         4                  This bill would guarantee that a

         5       consumer can access out-of-network clinical

         6       labs so that they can get the most precise and

         7       the best information from their tests.

         8                  By the way, the bill also provides

         9       that the health insurer will pay the clinical

        10       lab directly.  And the individual is similarly

        11       responsible for paying any extra copay,

        12       coinsurance or deductible, so that argument is

        13       not -- should not be of a concern.

        14                  And this bill was amended because

        15       there were concerns.  And one of the great

        16       things about working both in this body and

        17       this Senate, as well as reaching out as

        18       thoroughly as possible with the industry and

        19       with consumer groups, is that sometimes a bill

        20       when it's first drawn, drafted, is not

        21       perfect.  And in this case, I think revisions,

        22       after speaking with colleagues and people in

        23       the industry and consumers and consumer

        24       groups, has made for a better bill and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6494



         1       assuaged some of the concerns that various

         2       groups had.

         3                  So this bill did incorporate those

         4       concerns from the industry and the consumer

         5       groups.  There was a negotiation that happened

         6       among all of us.  And that's reflected in this

         7       bill, in this B print.

         8                  The legislation passed the Assembly

         9       overwhelmingly.  Not that that necessarily

        10       means that -- it's just another piece of

        11       information for people as they make their

        12       decision about how to vote on this bill.  But

        13       I think we have a very good, pro-consumer,

        14       pro-best possible information for the patient,

        15       allowing best efforts for the healthcare

        16       provider to get the best information to the

        17       patient bill.  And I would encourage my

        18       colleagues to vote yes on this bill.

        19                  Thank you, Mr. President.

        20                  ACTING PRESIDENT VALESKY:    Thank

        21       you, Senator Duane.

        22                  SENATOR LIBOUS:    Read the last

        23       section.

        24                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6495



         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                  ACTING PRESIDENT VALESKY:

         8       Senator Robach, to explain his vote.

         9                  SENATOR ROBACH:    Very quickly.

        10                  In all due respect to my friend and

        11       colleague Tom Duane, having nothing to do with

        12       numbers, this bill -- every lab in New York

        13       State has to go through certain criteria, a

        14       certain quality level.  And one of the reasons

        15       why HMOs work within those streams is actually

        16       to keep the costs down, not raise it, if you

        17       take volume.

        18                  So the logic would be if someone

        19       for some reason, even though they all have to

        20       meet the same standard, wanted to go to an

        21       out-of-service provider, actually increasing

        22       the cost to all those people in that

        23       healthcare service.

        24                  So in all due respect, while I



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6496



         1       understand your intention, I'm not seeing the

         2       merit of the bill.  And for that reason and no

         3       other, I'm going to cast my vote in the

         4       negative.

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Robach to be recorded in the negative.

         7                  Announce the results.

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 908 are

        10       Senators Alesi, Bonacic, DeFrancisco, Farley,

        11       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        12       Lanza, Larkin, LaValle, Leibell, Libous,

        13       Little, Marcellino, Maziarz, McDonald,

        14       Morahan, Nozzolio, Padavan, Ranzenhofer,

        15       Robach, Saland, Seward, Skelos, Volker, Winner

        16       and Young.

        17                  Ayes, 28.  Nays, 29.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is defeated.

        20                   Senator Klein.

        21                  SENATOR KLEIN:    Mr. President,

        22       can we call Calendar 951, Print Number 5576 --

        23       Senator Parker's bill -- controversially.

        24                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6497



         1       Secretary will place Calendar Number 951

         2       before the house, controversial.

         3                  THE SECRETARY:    Calendar Number

         4       951, by Senator Parker, Senate Print 5576, an

         5       act to amend the Education Law and the

         6       New York City Charter.

         7                  SENATOR SMITH:    Explanation.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Parker, an explanation has been

        10       requested.

        11                  SENATOR PARKER:    Thank you,

        12       Mr. President.

        13                  This bill is the Better Schools

        14       Act.  And as everyone knows, that we have been

        15       in the midst of talking about school

        16       governance.  We have had in New York City

        17       calls for mayoral control.  There's also been

        18       a hue and cry in our community against mayoral

        19       control and a desire to return to the old

        20       system.

        21                  This bill would actually strengthen

        22       and put at the focus parental involvement by

        23       making sure that parents were more empowered.

        24                  It overhauls the city Education



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6498



         1       Board by expanding it to 17 members.  Eight

         2       would be appointed by the mayor, one each by

         3       the borough presidents, one by the City

         4       Council, one by the Governor, one by the

         5       Assembly, one by the Senate.  It authorizes

         6       the chairman of the board to select a

         7       chairperson from among its voting members.  It

         8       actually eliminates -- it eliminates the

         9       chancellor as the chair of the board.  It

        10       establishes two-year terms.

        11                  It empowers district

        12       superintendents to address issues such as

        13       school choice and student discipline, language

        14       access for parents and students.  It addresses

        15       education of students with disabilities and

        16       also empowers the superintendent to deal with

        17       shared decision-making among schools.

        18                  As it relates to the budget, it

        19       also provides a significant amount of

        20       transparency and accountability by making sure

        21       that there is board approval for procurement

        22       contracts that exceed $200,000.  Also, the

        23       board would have to approve the DOE operating

        24       budget for a five-year capital plan.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6499



         1                  It establishes that the chancellor

         2       be appointed by the mayor and serve as an

         3       ex officio member as opposed to the chair of

         4       the board.  It requires the chancellor to

         5       provide the Independent Budget Office with all

         6       relevant data.

         7                  It requires that the CECs hold at

         8       least two public hearings per year.  It

         9       requires community input when selecting

        10       superintendents.  It requires the city board

        11       to approve budget requests prior to sending

        12       requests to the mayor.  It requires

        13       consultation with school leadership teams

        14       before principals can propose a school budget.

        15       It requires that proposed budgets be aligned

        16       with the school's comprehensive educational

        17       plan.

        18                  In addition, the comptroller of the

        19       City of New York shall have power to audit the

        20       Department of Education -- again, back to this

        21       idea of transparency and accountability.

        22                  It requires that New York City

        23       provide 5 percent of funds given to the Office

        24       of Management and Budget of the IBO, the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6500



         1       Independent Budget Office, to carry out

         2       responsibilities.  That is, that it is more

         3       than just to say that the IBO needs to have

         4       these oversight functions, but we actually

         5       provide a funding mechanism within the context

         6       of the bill for that work to actually get

         7       done.

         8                  It amends the city charter to

         9       create a center for parent and student

        10       services, and empowers it within the office of

        11       the public advocate.  It requires the city to

        12       provide an amount actual equal to 10 percent

        13       of the Office of Management and Budget to the

        14       budget of the public advocate to fund a

        15       training center.  That number is approximately

        16       $3 million a year.

        17                  It replaces one of the elected

        18       community district education council members

        19       with a student and grants the student all

        20       voting rights, thus empowering students within

        21       the context of the legislative outline of the

        22       bill.

        23                  SENATOR SMITH:    Explanation

        24       sufficient.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6501



         1                  ACTING PRESIDENT VALESKY:    Thank

         2       you, Senator Parker.

         3                  Are there any other Senators who

         4       wish to be heard on the bill?

         5                  SENATOR PARKER:    I want to talk

         6       on the bill.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Parker, you may continue.

         9                  SENATOR PARKER:    Mr. President,

        10       thank you very much.

        11                  As you know, this is the Better

        12       Schools Act, which has come about because in

        13       2002 this State Legislature made New York City

        14       and made the mayor of New York City the most

        15       powerful person in the country as related to

        16       public education by creating a mayoral control

        17       system.

        18                  The beginning of that system in

        19       2002 created a reign of tyranny over parents

        20       and students throughout the five boroughs of

        21       New York City, where parents did not have

        22       access to the schools, where community leaders

        23       and elected officials could not oversee what

        24       was happening in classrooms, where schools



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6502



         1       were opened and closed, frankly, willy-nilly,

         2       without any input from parents, students,

         3       community leaders or elected officials.

         4                  And as somebody who has kind of

         5       grown up in public education -- went to

         6       P.S. 193 on Avenue L in Bedford, went to

         7       Andries Hudde Junior High School, I.S. 240,

         8       went to Midwood High School on Avenue L -- I'm

         9       sorry, on Bedford Avenue and Glenwood Road --

        10       I know how important public school is not just

        11       to my own life and my own pursuits, but what

        12       public education has meant to the people of

        13       the City of New York.

        14                  We have over 1.1 million

        15       schoolchildren every single day who go to

        16       public schools in our city.  And it is

        17       important that, yes, there is some significant

        18       oversight to what they do, but then also that

        19       their parents have some input on what happens

        20       in the classroom, on the ability to have

        21       children go to a school that makes sense for

        22       them in their community.

        23                  It's important that community

        24       members feel good about the schools that are



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6503



         1       in their community and that they have some

         2       sense of ownership to make sure that those

         3       young people who are going to those schools

         4       and engaging in activities in the community

         5       are in fact involved.

         6                  This Better Schools Act isn't about

         7       control, it's about continuing to improve the

         8       education quality and quantity in New York

         9       City.  The Better Schools Act requires

        10       transparency, it imposes accountability, it

        11       ensures access for parents, for students

        12       throughout the New York City school system.

        13                  And these are not small

        14       considerations, especially since we recognize

        15       that we are in a financial crisis and we have

        16       to extract the greatest possible value of our

        17       investment from taxpayer dollars.

        18                  State Comptroller Tom DiNapoli has

        19       reported our revenues in April and May are

        20       down from a year ago and that the numbers for

        21       June are due out tomorrow -- well, I guess

        22       tonight.  New York is in an economic crisis,

        23       and we all know that, but our investment in

        24       education should not be sacrificed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6504



         1                  In the budget we passed in April,

         2       the payout for the Campaign for Fiscal Equity

         3       lawsuit was reduced and spread over an extra

         4       year.  Now, this was a critical thing

         5       particularly for me.  And those of you who

         6       have served in this body with me for the last

         7       seven years know that I blocked the doors of

         8       the State Capitol in 2004 when we were about

         9       to go on break without dealing with the

        10       Campaign for Fiscal Equity lawsuit.  In 2006,

        11       I stood in this very chamber and took 10 no

        12       votes on the budget exactly because we had

        13       failed our responsibility to respond to the

        14       Campaign for Fiscal Equity lawsuit.

        15                  And so for us to be in an economic

        16       situation where we now were unable to fulfill

        17       our commitment once again to the children of

        18       the City of New York and then, by extension --

        19       because CFE in the iterations that we passed

        20       in this body, frankly, did not just deal with

        21       New York City but in fact dealt with every

        22       single low-needs district in the entire state.

        23                  And so for us not to in fact hold

        24       on to our commitment was really disturbing for



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6505



         1       me this year.

         2                  With revenues coming in under

         3       forecast, it's likely that some in this

         4       chamber will support reducing the state's

         5       educational investments even more in the next

         6       DRP or definitely in next year's budget.

         7       Well, it won't be me.  At the time when things

         8       are bad, that is exactly the right time to

         9       invest in education.

        10                  You get nothing more in terms of

        11       third-party externalities than you do in

        12       education.  Educating our children gives us

        13       better citizens, it gives us better

        14       communities, it gives us people who are better

        15       for economic development, because a

        16       well-skilled workforce is one of the things

        17       that corporations look at when they're looking

        18       to relocate, it brings in more tax dollars and

        19       give us an ability to in fact shore up our

        20       future.

        21                  Expert after expert, whether

        22       economists, educators, law enforcement

        23       professionals, and even business owners

        24       understand that a public investment in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6506



         1       education prepares our children to contribute.

         2       They're our next generation of thinkers,

         3       workers and leaders.  The experts tell us that

         4       if we shortchange our children, we will only

         5       pay a higher price over the long haul, with

         6       more children unprepared to compete.  The

         7       government will spend more to incarcerate.

         8       And that's exactly what we've seen.  Their

         9       unrealized potential means they earn less over

        10       their lifetimes, they will contribute less to

        11       state revenues and only increase the burden

        12       that remains on taxpayers.

        13                  So I believe that we have to hold

        14       onto our investment in education as a whole,

        15       but it does not mean we continue to make large

        16       investments without greater returns.

        17                  And so the mayor and the chancellor

        18       want to take all the credit for student

        19       performance.  They ignore the role of the

        20       Legislature's historic multi-billion-dollar

        21       investment in New York City's school system

        22       and the long overdue financial corrections

        23       made through the Campaign for Fiscal Equity.

        24                  So over the last four years we've



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6507



         1       put approximately $20 billion, this State

         2       Legislature -- with most of the Republicans

         3       saying no to it -- has put about $20 billion

         4       into New York City public schools.  And that

         5       includes about $5.8 billion in capital

         6       improvements for schools.

         7                  If you want to start talking about

         8       performance and why performance is better, it

         9       is in fact better in large part because of the

        10       increased dollars that we put in.  If you want

        11       to talk about why performance is better, yes,

        12       the mayor and the chancellor have done some

        13       things that are good and correct.  But we have

        14       also done our share here.  We have put in

        15       place a Contract for Excellence that has

        16       allowed class sizes to be smaller, that has

        17       given accountability to the system.

        18                  But right now all they want to do

        19       is tell us how good they did and tell us about

        20       statistics.  They want credit for statistics

        21       improvements they claim have occurred in the

        22       system, and that's all they show us, are these

        23       statistics.  There is no independent

        24       verification for their job performance, and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6508



         1       it's like an employee writing their own

         2       performance review or a student allowed to

         3       write his own report card.

         4                  The people in this conference, the

         5       Democratic conference of the State Senate,

         6       believe that everyone has to tighten their

         7       belts and adjust to the new fiscal reality.

         8       The days of the Halliburton-style economy and

         9       the mayoral style of management are over.

        10                  This year, this Legislature

        11       provided $8.9 billion in school aid and the

        12       state has given $54 billion to New York City's

        13       school aid since we've allowed mayoral

        14       control, $54 billion.  That's even big money

        15       to Mike Bloomberg.  And that massive

        16       investment and enormous amount of money,

        17       people have to pay attention to that and have

        18       some accountability for it.  Mike Bloomberg

        19       himself would have never made an investment

        20       that big without requiring some measure of

        21       accountability and independent audit, and

        22       neither will we.

        23                  Now, so some of you have the same

        24       experience I have.  When I was young, my



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6509



         1       father used to send me to the store all the

         2       time.  And what did he say?  "Bring my change

         3       and bring my receipt."

         4                  This Legislature and many of our

         5       partners fought decades to get New York City

         6       their fair share of educating funding.  And

         7       two years ago, after electing a Democratic

         8       governor we finally honored the Campaign for

         9       Fiscal Equity court decree and increased our

        10       investment in education.  Why?  Because we

        11       wanted change, and we still want that change

        12       to go on today.

        13                  And we want meaningful improvements

        14       that we can measure.  We want higher test

        15       scores, we want less racial disparity in

        16       four-year graduation rates.  We want lower

        17       dropout rates.  We want lower class sizes.

        18       And we want better teacher pay.

        19                  In exchange for that increased

        20       investment, we've gotten statistics and press

        21       releases, and we all know what Mark Twain says

        22       about statistics.

        23                  If the success story is real, then

        24       why do we have parents coming into my office



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6510



         1       and your offices asking for help getting their

         2       kids into a local school and helping them

         3       fight through the bureaucracy when they have a

         4       problem?  Why do racial disparities in test

         5       scores, retention and graduation rates exist?

         6                  We gave Joel Klein and Mike

         7       Bloomberg the money, and they went to the

         8       store.  We still want our change, and we

         9       definitely want our receipt.  And we don't

        10       want a receipt printed up by the guy we sent

        11       to the store.  We don't want an accounting

        12       firm from the two guys in the room down in

        13       New York City who tell us to leave them alone

        14       and pay no mind to what they're doing.  We

        15       want independent confirmation of both quality

        16       of their work and the management of the people

        17       and the money.

        18                  You can't tell us that after we

        19       gave you almost $9 billion this year, an

        20       increase of $625 million from the previous

        21       year, that you have imposed a hiring freeze on

        22       new teachers but there aren't enough

        23       kindergarten seats this year.  It doesn't --

        24       it doesn't add up.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6511



         1                  Some of you will remember in 2008

         2       we gave them -- we spent, in 2008, more money

         3       in the State of New York per pupil than any

         4       other state in the history of the United

         5       States on education.  And literally a week

         6       after we did that, Mike Bloomberg announced

         7       cuts to teachers and was talking about closing

         8       schools and cuts to classrooms.  It's

         9       outrageous.

        10                  Look, I'm not going to be placated

        11       by statistical improvements when the four-year

        12       graduation rates amongst blacks and Latinos

        13       lags significantly behind others.  You can't

        14       have a Panel for Educational Policy that votes

        15       with you 97 out of 97 times and the one time

        16       they disagree with you on policy, you fire

        17       members on the panel in the Monday Night

        18       Massacre.  It's unacceptable.

        19                  If we're going to have a panel that

        20       is supposed to provide a check and a balance

        21       to the work of the chancellor, then it needs

        22       to be a real board -- point-blank, period.  If

        23       you hire all the people on the board, if your

        24       boy is the chair of the board and you, you



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6512



         1       know, can fire them summarily, that is not a

         2       board.  That is a staff meeting.  And if

         3       you're going to have a sham board, you might

         4       as well have no board at all.

         5                  We don't have confidence in a

         6       system that requires great investment but

         7       continues to deliver less than perfect

         8       results.  If this were one of Mike Bloomberg's

         9       business investments, neither would he.

        10                  The Better Schools Act requires

        11       transparency.  It empowers the Independent

        12       Budget Office to conduct forensic audits of

        13       the board's finances and the independent

        14       performance of audits in our schools.  The

        15       Better School Act imposes accountability by

        16       reforming the Panel on Educational Policy and

        17       ensuring that innovations and reforms are

        18       properly considered at the highest level of

        19       the educational system.  And it makes the

        20       chancellor a nonvoting ex officio member of

        21       the panel.

        22                  This Better Schools Act ensures

        23       access for parents and students to the system

        24       that is designed to service them.  And that's



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6513



         1       been missing.  It seems basic.  I know you're

         2       sitting there saying, Really?  But right now,

         3       parents in our district don't have access to

         4       the system and don't know how to access the

         5       system.

         6                  Our constituents will have local

         7       mechanisms to resolve concerns or problems

         8       they may have with their children's education

         9       and empower district-level decision-makers to

        10       facilitate speedy resolutions to those

        11       parents' concerns.  Taken together, the Better

        12       Schools Act improves school governance.

        13       Whoever the mayor is, now and in the future,

        14       will still have the authority for running the

        15       system that has to provide healthy and safe

        16       schools, offer the best curriculum for

        17       teaching methods, and improve performance of

        18       students in the system.

        19                  What the Best Schools Act requires

        20       is that with the authority we grant to any

        21       mayor will also now come the responsibility to

        22       account for how they achieve these goals and

        23       how they manage the investments in the future

        24       of New York City's children.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6514



         1                  We need to have accountability.

         2       And I'm asking my colleagues in this body to

         3       vote for this bill today.  I have heard

         4       numerous people around this Capitol and

         5       numbers of my colleagues say to me:  We need

         6       to do something around school governance.

         7       Well, ladies and gentlemen, here we are.  Here

         8       is a bill that you can vote for that provides

         9       not only the kind of school governance that we

        10       need in the City of New York, but it also

        11       provides the enhancement of parental

        12       involvement that has been missing in the

        13       current iteration of school governance.

        14                  Some of you say, This is

        15       antimayoral control, and I'm for mayoral

        16       control.  I think of this as mayoral control,

        17       but I think of it as enhanced mayoral control.

        18       It is enhanced with parental involvement, it

        19       is enhanced with transparency and

        20       accountability, it is enhanced with checks and

        21       balances, it is enhanced by more democracy.

        22       And how can we in fact not be supportive of a

        23       bill that increases democracy amongst the

        24       parents and the children in the system that we



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6515



         1       think is so important?

         2                  Now, I know many of my colleagues

         3       don't live in New York City, and so for some

         4       of you this may be, you know, not that big of

         5       a deal.  And so if you think it's not that big

         6       of a deal, vote for the bill.  If you want to

         7       see -- you know, and I know all my colleagues

         8       in here, as much as I've sat here and heard

         9       people, you know, complain about how much

        10       money we spend, with us spending $8.9 billion

        11       this year on education in New York City, with

        12       us spending $54 billion over the last seven

        13       years in the system, there is no way that you

        14       can not vote for this bill, because this bill

        15       provides the kind of transparency and

        16       accountability that is needed in our system.

        17                  This is a chance for us to do the

        18       right thing by the children of New York City.

        19       And so I'm asking you to join me in voting for

        20       this bill.  Let's get this bill passed.  Let's

        21       start some conversations in good faith with

        22       the mayor and the governor and the Assembly,

        23       and let's put together a law that in fact does

        24       what it needs to do for those children and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6516



         1       make sure that parents are feeling comfortable

         2       about the system that they're sending their

         3       children to everyday.

         4                  Thank you, Mr. President.

         5                  SENATOR LIBOUS:    Read the last

         6       section.

         7                  ACTING PRESIDENT VALESKY:    Thank

         8       you, Senator Parker.  Are there any other

         9       Senators who wish to be heard?

        10                  Senator Perkins.

        11                  SENATOR PERKINS:    Thank you,

        12       Mr. President.  I rise to express my support

        13       for this bill.

        14                  And, you know, mayoral control as

        15       we have come to know is it really about

        16       mayoral dictatorship.  It has created a system

        17       in which the only voice that you can

        18       significantly hear and that has any input

        19       whatsoever is the voice of the mayor.  There

        20       is no serious involvement of parents, and all

        21       you hear are parents in our communities

        22       complaining about the fact that they are

        23       disconnected from the process.

        24                  When you try to find out about the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6517



         1       statistics that are reported in terms of the

         2       success of the system, all you hear are the

         3       statistics that are provided by the mayor.

         4       And when they're challenged, those challenges

         5       go without review or without serious

         6       consideration.  And they come from highly

         7       regarded experts who in the past have informed

         8       us in terms of these types of statistics but

         9       never are given any consideration under this

        10       mayor.

        11                  Most significant, perhaps, for me

        12       is the fact that under this system of mayoral

        13       control, it seems as if the most important

        14       thrust of this effort has been to create

        15       charter schools in our communities, charter

        16       schools that only appear in my district above

        17       96th Street, where the children of color

        18       attend school.  Yet below 96th Street, the

        19       public schools are available to the children

        20       in those communities.

        21                  The public schools in my community

        22       above 96th Street are schools that are failing

        23       miserably.  Parents are fleeing them as if

        24       they're fleeing a four-alarm fire.  And the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6518



         1       only options that they're given are charter

         2       schools where our children are questionably

         3       being given a better education.  In fact, you

         4       still can't even get the statistics about

         5       those schools.

         6                  And we've notice that this is the

         7       case with all of our communities above

         8       96th Street, metaphorically speaking.  And

         9       you'll notice that in all of these

        10       communities, parents are fleeing the schools

        11       throughout the city.

        12                  You know, this week we are

        13       witnessing the 100th anniversary of the

        14       celebration of the NAACP.  And amongst its

        15       significant contributions is not simply the

        16       fact that we now have Barack Obama as our

        17       president and Sonia Sotomayor about to become

        18       our first Latina United States Supreme Court

        19       judge -- but significant in that legacy has

        20       been its movement to prevent separate and

        21       unequal public education.  Thurgood Marshall,

        22       as you know, Brown vs. Board of Education.

        23                  Yet despite that significant

        24       historical legacy, you have a mayor in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6519



         1       New York City who brags that charter schools

         2       are the public's private schools for children

         3       of color.  Charter schools are the private

         4       schools for children of color, according to

         5       Mayor Bloomberg.

         6                  And it seems to me that all he is

         7       doing is restating separate and unequal,

         8       resegregating our children in a way that

         9       clearly is polarizing in racial terms.  And I

        10       think from that perspective alone, it gives us

        11       reason to want not to see mayoral control as

        12       we have witnessed it over these past few

        13       years.

        14                  Mayoral control has been polarizing

        15       in terms of communities, has been alienating

        16       in terms of parents, has not proven itself to

        17       be a success in terms of the outcomes.  And in

        18       fact, if you really look at what's going on,

        19       it has been an opportunity for this mayor to,

        20       in a dictatorial way, determine how a huge

        21       $21 billion budget is being spent without any

        22       oversight in terms of premium practices,

        23       et cetera.

        24                  So this bill I think goes a long



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6520



         1       way towards curing these ills that we've

         2       witnessed over the last years.  And by the

         3       way, in case you didn't know it, mayoral

         4       control sunsetted, and we did not turn into

         5       the Soviet Union-type chaos as was predicted

         6       mayor.

         7                  So I think this is an important

         8       step forward in terms of trying to really

         9       reform our public school system.  I would hope

        10       that my colleagues on both sides of the aisle

        11       would take a good look at what we've been

        12       experiencing in New York City.  It has not an

        13       system that is unquestionably successful.  In

        14       fact, quite the opposite.  Parents throughout

        15       the city are wondering whether or not their

        16       children are getting the best education that

        17       they can and why can't their children go to a

        18       public school and have to go to a charter

        19       school.

        20                  Just recently, in conclusion, you

        21       may have read in the Daily News, thanks to

        22       Juan Gonzalez, an instance of mayoral control

        23       gone amuck, in which one of the schools in my

        24       district, P.S. 123, a charter school operator



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6521



         1       invaded the school, took over the school

         2       without authority -- because they had been

         3       given the wink, supposedly, that they were

         4       going to be able to move into that school, and

         5       at the expense of the people that are already

         6       in that school.

         7                  And so I think that this mayoral

         8       control has not proven itself to be successful

         9       in terms of educational outcomes, has created

        10       a great deal of disruption and confusion, has

        11       questionable outcomes in terms of our

        12       children, and I believe has a racially

        13       polarizing effect in terms of the educational

        14       community in general.

        15                  So for that reason, I encourage my

        16       colleagues to support this bill.  And

        17       appreciate the fact that this bill, in the

        18       spirit of the reforms that we just passed, is

        19       a good example of why we need to be able to

        20       have a debate, to have a discussion, to have a

        21       vote up or down on legislation that comes

        22       before this body.

        23                  Thank you so much.

        24                  ACTING PRESIDENT VALESKY:    Thank



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6522



         1       you, Senator Perkins.

         2                  Senator Monserrate.

         3                  SENATOR MONSERRATE:    Thank you

         4       very much, Mr. Chair.

         5                  I also rise in support of this

         6       legislation sponsored by Senator Parker.  And

         7       I echo the sentiments of my colleague Bill

         8       Perkins.

         9                  I also want to give a strong

        10       welcome to the deputy mayor, who's looking

        11       from the balcony, Dennis Walcott.  Thank you

        12       for being here.

        13                  And just for the record, Mr. Mayor,

        14       Dennis is working very hard to promote your

        15       agenda.

        16                  When we speak about education in

        17       our communities, ladies and gentlemen, we are

        18       talking about a historical battleground, a

        19       battleground that in many ways was fought by

        20       people of color.  The very fact that today in

        21       our current school system in the City of

        22       New York children are taught who Fannie Lou

        23       Hamer was, who Harriet Tubman was, what the

        24       civil rights struggle was before Martin Luther



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6523



         1       King, is that parents and communities demanded

         2       empowerment and demanded participation in our

         3       education systems.

         4                  And also, the Latino community,

         5       which throughout the 60s and the 70s had to

         6       sue the department, the Board of Education to

         7       ensure that there was bilingual education for

         8       limited English speakers.

         9                  Ladies and gentlemen, this all

        10       occurred because parents were at the forefront

        11       of participating in their children's

        12       education.  In fact -- and this is a fact --

        13       every scientific and clinical study will show

        14       you that parental participation is paramount

        15       for the success of our children's education.

        16                  And ladies and gentlemen, what we

        17       have seen in the City of New York is the

        18       separation of parents from the educational

        19       process of their children.  And yes, parents

        20       are not precluded in participating in a PTA

        21       meeting.  They are not precluded from visiting

        22       a teacher.  But there is no formalized

        23       structure that empowers parents and

        24       communities.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6524



         1                  And this is why, ladies and

         2       gentlemen, many of the downstate Senators from

         3       the City of New York are raising our voices to

         4       the mayor of the City of New York.  We're not

         5       trying to kill your mayoral control.  What we

         6       want to do is ensure that parents have a real

         7       voice in the education of their children.

         8                  It is easy for many folks to escape

         9       and not to recall the fact that it is only in

        10       New York City where we need a special plan to

        11       give almost entire power to one executive to

        12       run the educational system.

        13                  The second point I wanted to

        14       make -- because there are two objections that

        15       I have raised with the administration with

        16       respect to the current mayoral control

        17       scheme -- and that is, one, parental

        18       participation; and, two, to have a panel, an

        19       educational panel without fixed terms is not

        20       to have a real panel at all.

        21                  In fact, if you have a panel where

        22       you can remove those that you have chosen

        23       because they have the intellect, the capacity

        24       and the experience, and if at midnight you can



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6525



         1       move them out because they don't agree with

         2       your policy, then that's not a real panel.

         3       That's not folks that we have chosen to lead

         4       and to participate.

         5                  In this body we ratify nominations

         6       constantly.  We put people on the bench.  We

         7       make them commissioners, we make them parts of

         8       boards.  But almost always, in their entirety,

         9       they are for fixed terms.

        10                  Look at the Secretary of the

        11       Senate, where there was a lot of debate

        12       recently about who should be the Secretary of

        13       the Senate and what he was doing and what he

        14       wasn't.  But the fact is even when we were

        15       challenging and discussing the leadership of

        16       this house, we understood that the Secretary

        17       of the Senate had a fixed term and that his

        18       constitutional fixed term was to do the good

        19       of the State of New York in the Senate.  We

        20       understood that.

        21                  So why would the administration and

        22       the mayor of the City of New York be so

        23       concerned to have so much power that the very

        24       same people that he put on this panel he can



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6526



         1       remove the day before a vote and then replace

         2       them with people with zero educational

         3       experience?

         4                  That, ladies and gentlemen, is an

         5       affront.  It's an affront to this institution

         6       and the political power that we should

         7       exercise as responsible legislators and send a

         8       message back to the executive of the City of

         9       New York:  This Senate will not be a rubber

        10       stamp.  This Senate will demand that you meet

        11       with us and you negotiate what's important for

        12       our 1.1 million children.

        13                  So I ask my friends and my

        14       colleagues on the other side of the aisle, I

        15       ask my friends and my colleagues on this side

        16       of the aisle, not allowing this discussion to

        17       continually deteriorate in the politics of

        18       New York City, but by standing up for our

        19       children and our communities, because we have

        20       a right to be heard in the education of our

        21       children and our future.

        22                  Thank you very much.

        23                  ACTING PRESIDENT VALESKY:    Thank

        24       you, Senator Monserrate.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6527



         1                  Senator Adams.

         2                  SENATOR ADAMS:    Thank you,

         3       Mr. President.

         4                  I think about my 22-year career.

         5       And Hiram and I, we were both police officers.

         6       And ever since I was a rookie, I used to look

         7       at things in the police department that I felt

         8       was wrong, because I took great pride in being

         9       a police officer.  And, you know, people used

        10       to say we were anti-cops just because we

        11       thought it was wrong for cops to do something

        12       that was illegal.  And we weren't.  We just

        13       enjoyed and we loved our career.

        14                  And that's the way I feel about

        15       education.  You know, this is not about

        16       attacking Mayor Bloomberg.  It's not about

        17       attacking Klein.  Dennis Walcott, who's the

        18       deputy mayor and I think one of the finest

        19       deputy mayors the city has, I've known for

        20       over 30 years.  It's larger than that.

        21                  Its' the common denominator for

        22       those who are incarcerated is not ethnicity or

        23       economics, it's education.

        24                  This is a very important time in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6528



         1       our lives, and we have to make a very big

         2       decision.  And I know my colleagues on the

         3       other side of the aisle have already made up

         4       their mind which way they're going to vote,

         5       and so I don't want to convince them on how to

         6       vote.  I want to get the record straight.

         7                  I think it is wrong and it is a lie

         8       to state that Kevin Parker and Shirley Huntley

         9       and Ruth and Bill Perkins and Hiram Monserrate

        10       and others, that we are attempting to take the

        11       system backwards.  That is a lie.

        12                  I am tired, since the beginning of

        13       my career in policing in '84, of putting

        14       handcuffs on 11-year-old children and children

        15       sitting in classrooms too afraid to read and

        16       write because gangs were pervasive.  Countless

        17       numbers of adults unable to attend college

        18       because they couldn't take the academic

        19       courses that were involved.  I don't want to

        20       go back.

        21                  But none of us would disagree, none

        22       of us, that the system we're currently seeing

        23       is not perfect.  We may disagree on the level

        24       of improvements, if they're high or low, but



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6529



         1       none of us would state that the system that's

         2       currently in place is perfect.

         3                  When little Jordan, my son, comes

         4       home and he says, "Dad, I didn't get a D in

         5       math, I got a C" -- "but, son, I don't want

         6       you to have a C.  I want you to move towards

         7       an A.  So you have to do something different

         8       to move from a C to an A."  This is what we're

         9       saying.

        10                  The system isn't perfect now that

        11       Mayor Bloomberg has put together.  So what

        12       we're doing is looking at that system,

        13       redefining it, coming up with some changes,

        14       improvements, to move us from a C to a B to an

        15       A and to a perfect system.  That is our goal.

        16                  Our goal is not to go back to a

        17       system that was riddled with Fs.  That is not

        18       what we want, and that's not what we're

        19       looking for.

        20                  And I think that when you look at

        21       some very important areas, something shocked

        22       me when I read the New York Times over the

        23       weekend.  Do you know that in the Department

        24       of Education we have something called credit



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6530



         1       recovery?  Credit recovery?  A child can miss

         2       50 percent of his classroom time, 50 percent,

         3       and just do a project to get a credit.  That's

         4       not education.  That's filling our detentional

         5       facilities upstate.

         6                  But it's more than just credit

         7       recovery.  It's when I started in policing,

         8       when Commissioner Bratton took over the police

         9       department he put in place this thing called

        10       COMPSTAT.  And the goal was that you have

        11       precinct commanders, you would tell them, if

        12       you want to be promoted, you had to make sure

        13       crime was down in your precinct.  And that was

        14       the only way you were going to be promoted.

        15                  So what you had police commanders

        16       starting to do, they said, well, you know

        17       what, one way to ensure crime was down is not

        18       to report it.  Or instead of saying there's a

        19       robbery, I'm going to say it's a grand

        20       larceny.  Or instead of saying someone's

        21       assaulted, I'm going to say they tripped.

        22                  That's what we're doing to our

        23       principals.  We are telling our principals,

        24       who must be judged on how well they do with



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6531



         1       students based on their graduation rates --

         2       our principals have learned creative ways of

         3       graduating students.  Seventy-five percent of

         4       our students who graduate from high school,

         5       they can't get into college.  They've got to

         6       take remedial courses.  Go back eight years.

         7       The children who were eight years ago in the

         8       system, the system has been eight years

         9       running.  So those who are graduating now have

        10       been eight years in the system.  And they're

        11       not prepared.

        12                  So we have to change the direction

        13       that we're going in, change what we're doing.

        14       Here's what I'm saying -- as we continue this

        15       discussion in a later time, because this bill

        16       I'm sure will be defeated, but our victory

        17       will be won -- we must define education.

        18                  Someone else took over our system

        19       and they defined education for us based on how

        20       well our children pass an examination.  And I

        21       say no.

        22                  I want a well-rounded child.  I

        23       want a child that is not being mistreated by

        24       obesity that's killing our children, that



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6532



         1       understands you should have recess, you should

         2       go out and have a gym in your building.  I

         3       want a child that can sit down and not only

         4       check off squares in a box but understand it

         5       is all right to play and talk to an Asian

         6       child, it is all right to understand that if

         7       someone is gay you should not be abusive to

         8       them.  Madoff got As, and look what he did to

         9       us.

        10                  We need to build character in our

        11       children.  And you don't have character merely

        12       studying for a test.  That is not an American

        13       child.  Our children are not only going to

        14       compete with Buffalo, they're going to compete

        15       with Belgium.  They're not going to only

        16       compete with New York State, they're going to

        17       compete with New Zealand.

        18                  This is the only country where

        19       we're training our children just to be robots,

        20       instead of training them to be educated,

        21       intelligent human beings.  Because the globe

        22       is what they are supposed to adore, explore,

        23       and to conquer, not just sit inside a

        24       classroom.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6533



         1                  This is a major issue that we're

         2       going for, and this is why we have so much

         3       passion.  And the passion we have is being

         4       perceived as we're anti-education.  And I

         5       don't believe some of the things that I'm

         6       reading in the papers that are questioning,

         7       how dare us say we want the system to be

         8       better?  How dare us?  This is what they're

         9       saying.

        10                  Every editorial board seems to have

        11       drunken the Mayor Bloomberg Kool-Aid that if

        12       you question the system, you're

        13       anti-education.  That's what they're saying.

        14       If we question the system.  How dare the mayor

        15       tell you you'd better not change one period in

        16       the legislation.  When did we become an

        17       extension of City Hall?  How dare him tell the

        18       governor, You need to call them back every day

        19       until they pass this bill, this bill.

        20                  Am I missing something?  Are we not

        21       the Senate?  Do we not have the responsibility

        22       to make sure that we are separate, that we

        23       understand what we're passing and what we're

        24       doing?



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6534



         1                  I think we're in a good place.  I

         2       think that we have an opportunity to do some

         3       good things.  This bill may not be perfect.

         4       But you know what it does?  It starts the

         5       discussion.  And I'm always talking about, you

         6       know, the guys standing behind me from the

         7       Times, the Daily News and the Post, and I know

         8       they're going to beat me up tomorrow.  But the

         9       reality is, tell the truth.  Tell the truth.

        10       Let's talk about the empress that is unclothed

        11       and stop acting like they have a designer

        12       dress on.

        13                  Listen, we've reached out to City

        14       Hall several times, and we said, Can't we talk

        15       about those things that are important to us?

        16       Can't we have a conversation?  Can we at least

        17       sit down as reasonable, intelligent adults and

        18       at least listen to what we have to say?  How

        19       could you be so arrogant that you're not

        20       willing to listen?

        21                  You know what they offered to us?

        22       You know what they told us, Lanza?  They said,

        23       "We'll let you do an MOU, and then we'll put

        24       it into the chancellor regs."



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6535



         1                  I'm a legislator.  I don't do MOUs.

         2       I pass laws and bills.  My school buildings

         3       are not a group of chain stores, 7-11s, where

         4       you look at profit margins to decide the

         5       success of them.  Those are my children, those

         6       are my babies.  Those are the people I

         7       strapped on a bulletproof vest for for 22

         8       years and stood on the corner to protect their

         9       lives.  How dare you tell me I can't tell you

        10       what I think they should have to be educated?

        11                  This is what this is about.  And I

        12       don't care how late it is, because you're

        13       going to hear me.  You're going to hear what I

        14       have to say.  This is an important issue that

        15       we're riding on.

        16                  And that's why Hiram Monserrate and

        17       Kevin Parker and John Sampson -- no one wakes

        18       up in the morning with merely a slingshot of

        19       compassion and desire and goes after a Goliath

        20       like Bloomberg unless you are determined to

        21       believe that what you're doing is right.

        22                  We are right.  We are right in what

        23       we're saying.  And, Velmanette, don't let

        24       anybody tell you we are wrong.  Bill, don't



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6536



         1       let anybody tell you we are wrong.  We are

         2       right in what we're doing.  We're in the right

         3       direction.

         4                  So I'm saying to you, my friend of

         5       many years, Deputy Mayor Walcott, I know your

         6       heart, I know your desire.  From the Urban

         7       League to the Department of Education, I know

         8       your commitment.  It's imperative that we put

         9       this system in the right direction.

        10                  We cannot have a chancellor who is

        11       going to control the billions of dollars with

        12       no oversight.  No other agency head in this

        13       entire state has one man that can control

        14       billions of dollars in no-bid contracts,

        15       billions of dollars of giving away contracts

        16       to people he knew.  No other man in the entire

        17       State of New York has that level of oversight.

        18                  All we want is transparency.

        19       That's all we're asking for.  All we're asking

        20       for is the common denominator of greatness,

        21       and that's parental participation.  I don't

        22       care how raggedy a school is, I don't care how

        23       old the books are -- if you have a parent who

        24       is compassionate and educated on how to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6537



         1       educate her child, you have a productive

         2       child.  It doesn't matter.

         3                  All we want is to make sure that

         4       when we send money out of here to go there,

         5       that it's spent correctly.  That's all we're

         6       asking.  All we're asking is just to have some

         7       input, that if I knock on a school building

         8       door in my district that they will at least

         9       let me in so I can talk to the students.  Is

        10       that asking too much?

        11                  All we're asking is to take the

        12       school buildings, what we can't fund -- we

        13       can't fund community centers, we can't build

        14       community centers because we're in a deficit.

        15       Yet we have school buildings on corners in our

        16       community where you have gyms and swimming

        17       pools that we can't get into to allow children

        18       off the streets of New York.

        19                  All we're asking is when we pick up

        20       the phone to call the Department of Education

        21       and say, "This Korean mother that can't speak

        22       English needs help," we just want a return

        23       phone call.  That's all we're asking.

        24                  And I think that the reason these



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6538



         1       guys are not reporting it right is because

         2       they don't know what we're going through.

         3       They don't realize that we're locked out of

         4       our educational system.  They think we are

         5       just merely complaining.

         6                  We have no say-so in our

         7       educational system.  And you know what's

         8       funny?  Flanagan, I know that if the schools

         9       on Long Island was treated that way, you

        10       wouldn't tolerate it.  I know it, because

        11       that's not the type of person you are.  You

        12       know that?  Libous, I know that if the schools

        13       in your community, you couldn't go inside

        14       there to have your children play, that would

        15       be unacceptable.  I know that.  DeFrancisco, I

        16       know that if the quality of education was

        17       challenged in your community, you wouldn't

        18       accept that.

        19                  Because let me tell you one thing

        20       about a parent, I don't care where they are. 

        21       A parent will give their life for their

        22       children.  There would be something unhuman

        23       about us if we were willing to let this go

        24       without a fight.  There would be something



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6539



         1       wrong with us.

         2                  I know the men and women on that

         3       side of the aisle, no matter who they are or

         4       where they're from, a parent doesn't moan any

         5       different.  If their child is harmed by anyone

         6       or anyplace, the moan is the same.  Just hear

         7       our moans, that's all.  That's all I'm asking

         8       of you.  No matter which way you vote, just

         9       demand that he has a conversation with us.

        10                  This is an issue that I'm asking of

        11       you on the other side of the aisle to take

        12       this out of politics.  I'm asking you not as

        13       Senator, I'm asking you as Eric Adams.  I need

        14       you on this one.  I just need you to tell the

        15       mayor -- not of your city, but of my city --

        16       sit down and have a conversation with Eric

        17       Adams so we can do some improvements in

        18       education.

        19                  You and I both know there's only

        20       three of you over there that are in the City

        21       of New York.  There's only a few of us here

        22       that will probably vote for this bill.  All

        23       I'm asking of you, LaValle and Padavan and

        24       Larkin -- and even you, Winner -- all I'm



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6540



         1       asking, let us have input in the system that

         2       our children go to.  That's all I'm asking.

         3       And I'm going to tell you something.  I would

         4       do it for you.

         5                  ACTING PRESIDENT VALESKY:    Thank

         6       you, Senator Adams.

         7                  Senator Huntley.

         8                  SENATOR HUNTLEY:    Yes, Mr.

         9       President.  It's very hard to follow Senator

        10       Adams, you know, when he speaks, because Eric,

        11       that was excellent.

        12                  Let me just say this.  My

        13       granddaughter goes to school in Dean Skelos's

        14       district.  What a lovely school.  I snuck

        15       down -- the Governor can send the troopers

        16       now, it's over.  I snuck down last week to go

        17       to a ballet recital that they had.  And I'm

        18       telling you, the parents, the school, the

        19       people in general, they were marvelous.

        20                  Now let me tell you the second part

        21       of the story.  I live in a community whether

        22       there's a school, Public School 30.  It's

        23       called the Ruby S. Couche School.  In fact, I

        24       named the school, me and some other parents.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6541



         1       I laid the first brick in the school.  It's

         2       been there a very long time.  It was a very

         3       good school.  Community school, we were

         4       welcome, the community did activities, the

         5       kids were happy, they were not totally

         6       underachievers.  The kids were doing -- they

         7       weren't doing the greatest, but they were

         8       surviving.  They were being educated by a very

         9       good principal, Althea Tyson, who moved on to

        10       another school.

        11                  When Althea Tyson left that school,

        12       we got a principal who had never been a

        13       principal before.  The principal was a

        14       teacher.  While the principal is principaling

        15       for the children, he's also going to school --

        16       835 children, but twice a week he left to go

        17       for his principal training.  And he left the

        18       building in charge of someone who was an AP

        19       but had never been an AP before.  So, you

        20       know, there's like this ten-minute education

        21       in the community where we live.

        22                  The community has totally been

        23       marked up.  I used to go there, I used to help

        24       them fund-raise, have cookie sales.  Even as a



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6542



         1       Senator, in September when I'd be down,

         2       schools would open, I'd participate.  I visit

         3       all my schools.  Starting in September and

         4       October, I cover every school in my district.

         5                  I was amazed when I went to P.S. 30

         6       and I was told that I couldn't come in, the

         7       principal would have to call the Department of

         8       Ed and get permission to see if they could

         9       speak to me.  That's every school in my

        10       district, okay?

        11                  But not at Dean Skelos's school.

        12       When I go there, they open the door and

        13       welcome me.  In fact, in my daughter's

        14       classroom, even though it's Dean's area, they

        15       have a big picture of me up in my

        16       granddaughter's classroom.  You know, the

        17       library picture.  And the kids are just so

        18       happy about it.

        19                  So what we're saying, we're not

        20       saying that we want to take over the mayor.

        21       But we're saying that we are tired of letting

        22       the mayor strangle the life out of our

        23       community.  And that's what's going on.  And

        24       we will not tolerate it any longer.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6543



         1                  Now, this body, I'm not asking any

         2       of you to do anything.  I'm not asking you to

         3       vote.  Frankly, I don't care.  I'm not asking

         4       this body over here to vote either, other than

         5       the people who I know will vote for it.

         6       Because I've found, since I've been here in

         7       the Senate, all that we do, we don't care an

         8       awful lot about children.  We don't.  We care

         9       about all these other things.  We care about

        10       the MTA.  We care about this project, we care

        11       about that project, but we absolutely do

        12       nothing at all for our children.  I don't

        13       think I've heard education mentioned -- and

        14       I'm going into my second term -- I don't think

        15       I've heard it be mentioned 20 times, and

        16       that's very sad.

        17                  And when people ask me about the

        18       Senate and education, you know what I say to

        19       them?  I say, "Well, the Senators don't really

        20       care about education."  Because you don't.

        21       Okay?

        22                  My colleagues across the aisle, I

        23       know for you it's a political vote.  I'm quite

        24       aware.  And I tell my colleagues over here,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6544



         1       there are such things as political votes and

         2       there are such things as votes.  Okay?

         3                  This is not a political vote for

         4       me.  It's not about the mayor; I don't know

         5       the mayor.  Never met him, never been to

         6       Gracie Mansion, never spoke to him.  So I

         7       don't know him, so it's not about him.  It's

         8       about our children and our community.

         9                  So I leave you with this.  Feel

        10       very proud of yourselves when our kids end up

        11       where Eric was talking about, with handcuffs.

        12       Feel very proud of that.  Because without a

        13       good education, you get no place.  We all know

        14       that.  We all know today is a different time.

        15       You must be educated.  So just remember, we

        16       asked you to support what we're doing.  And

        17       you're not, but hey, that's okay.

        18                  I just want to go on record saying

        19       that, you know, it's very sad that adults --

        20       and parents, because most of you are

        21       parents -- only care about their own children.

        22                  Thank you.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Thank you, Senator.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6545



         1                  Are there any other Senators

         2       wishing to be heard on the bill?

         3                  Hearing none, the debate is closed.

         4                  The Secretary will ring the bell.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 18.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Announce the results.

        13                  THE SECRETARY:    Those recorded in

        14       the negative on Calendar Number 951 are

        15       Senators Alesi, Aubertine, Bonacic,

        16       DeFrancisco, Farley, Flanagan, Fuschillo,

        17       Golden, Griffo, Hannon, C. Johnson, Klein,

        18       L. Krueger, Lanza, Larkin, LaValle, Leibell,

        19       Libous, Little, Marcellino, Maziarz, McDonald,

        20       Morahan, Nozzolio, Oppenheimer, Padavan,

        21       Ranzenhofer, Robach, Saland, Savino,

        22       Schneiderman, Serrano, Seward, Skelos, Smith,

        23       Stachowski, Valesky, Volker, Winner and Young.

        24                  Absent from voting:  Senators Dilan



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6546



         1       and Onorato.

         2                  Ayes, 15.  Nays, 40.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The bill is defeated.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Calendar Number

         8       909, substituted earlier today by Member of

         9       the Assembly Zebrowski, Assembly Print Number

        10       6963, an act to amend the Labor Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 4.  This

        14       act shall take effect on the 90th day.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  SENATOR WINNER:    Explanation.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Breslin, an explanation has been

        21       requested.

        22                  SENATOR BRESLIN:    Thank you,

        23       Madam President.

        24                  This bill was initiated by the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6547



         1       Labor Department.  The Labor Department had

         2       been doing exhaustive investigations of

         3       workers who were either denied their pay or

         4       given less than full pay.

         5                  And as a result of that, the Labor

         6       Department provided a bill which would

         7       increase the penalties for employers who did

         8       not give proper pay.  And the penalties hadn't

         9       been increased in 50 years.

        10                  Employers would not be allowed to

        11       terminate any employees who were viewed as

        12       whistleblowers, and those penalties were

        13       tightened as well.

        14                  It also provided the Labor

        15       Department, through its commissioner, through

        16       administrative procedures to not only seek the

        17       back pay but seek liquidated damages.  That

        18       generally is the outline of the bill.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Thank you, Senator Breslin.

        21                  Are there any other Senators

        22       wishing to speak on this bill?

        23                  Read the last section.

        24                  THE SECRETARY:    Section 4.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6548



         1       act shall take effect on the 90th day.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Saland.

         7                  SENATOR SALAND:    To explain my

         8       vote.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Saland, to explain his vote.

        11                  SENATOR SALAND:    Thank you,

        12       Madam President.

        13                  Certainly the description which

        14       Senator Breslin provided is accurate, and it's

        15       accurate as far as it went.  However, while it

        16       does provide for liquidated damages, this

        17       bill, there's a recognition that if an

        18       employer provides a good-faith basis for

        19       believing that the underpayment was in

        20       compliance with the law, there is no

        21       liquidated damages.

        22                  And I raise that point simply to

        23       point out that in all other areas, there's a

        24       penalty.  The penalty under the current law is



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6549



         1       anywhere from a minimum of 200 to 2,000.  This

         2       would increase it from a minimum of 1,000 to

         3       10,000.  And yet there's no recognition of

         4       that good faith in which an employer may have

         5       made a mistake.  So the penalties get

         6       increased rather dramatically without the

         7       benefit of the good-faith exception that's

         8       recognized for purposes of the liquidated

         9       damages.

        10                  So I'm going to vote in opposition

        11       to this and would hope that my colleagues

        12       would as well.  Thank you.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you.  Senator Sampson to be recorded in

        15       the negative.

        16                  Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 909 are

        19       Senators Bonacic, DeFrancisco, Farley,

        20       Flanagan, Griffo, Hannon, Lanza, Larkin,

        21       LaValle, Leibell, Libous, Little, Nozzolio,

        22       Ranzenhofer, Saland, Seward, Skelos, Winner

        23       and Young.

        24                  Absent from voting:  Senators



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6550



         1       Dilan, Huntley, C. Johnson, Onorato and

         2       Thompson.

         3                  Ayes, 33.  Nays, 19.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  The Secretary will continue to

         7       read.

         8                  THE SECRETARY:    Calendar Number

         9       913, substituted earlier today by Member of

        10       the Assembly Espaillat, Assembly Print Number

        11       8555A, an act to amend the Executive Law and

        12       the State Finance Law.

        13                  SENATOR LIBOUS:    Read the last

        14       section.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The debate is closed.  The Secretary will ring

        17       the bell.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 5.  This

        20       act shall take effect on the first of April.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6551



         1       Announce the results.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 913:  Ayes, 53.  Nays, 0.

         4       Absent from voting:  Senators Dilan, Huntley,

         5       Lanza and Onorato.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  The Secretary will continue to

         9       read.

        10                  THE SECRETARY:    Calendar Number

        11       917, substituted earlier today by Member of

        12       the Assembly Destito, Assembly Print Number

        13       7742A, an act to amend the Agriculture and

        14       Markets Law.

        15                  SENATOR LIBOUS:    Read the last

        16       section.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Are there any other Senators wishing to be

        19       heard on the bill?

        20                  Hearing none, the debate is closed.

        21                  The Secretary will ring the bell.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6552



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Announce the results.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 917:  Ayes, 53.  Nays, 0.

         5                  Absent from voting:  Senators

         6       Dilan, Huntley, Monserrate and Onorato.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  The Secretary will continue to

        10       read.

        11                  THE SECRETARY:    Calendar Number

        12       919, substituted earlier today by Member of

        13       the Assembly Cusick, Assembly Print Number

        14       8043, an act to amend the Civil Practice Law

        15       and Rules.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Are there any Senators wishing to be heard on

        18       this bill?

        19                  Hearing none, the debate is closed.

        20                  The Secretary will please ring the

        21       bell.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6553



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Announce the results.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 919:  Ayes, 53.  Nays, 0.

         8                  Absent from voting:  Senators

         9       Dilan, Huntley, Monserrate and Onorato.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  The Secretary will continue to

        13       read.

        14                  THE SECRETARY:    Calendar Number

        15       923, substituted earlier today by Member of

        16       the Assembly Brodsky, Assembly Print Number

        17       8405C, an act to create a Temporary New York

        18       State War of 1812 200th Anniversary

        19       Commemoration Commission.

        20                  SENATOR LIBOUS:    Last section.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Are there any Senators wishing to be heard on

        23       the bill?

        24                  Hearing none, the debate is closed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6554



         1                  The Secretary will please ring the

         2       bell.

         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 923:  Ayes, 53.  Nays, 0.

        13                  Absent from voting:  Senators

        14       Dilan, Huntley, Monserrate and Onorato.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The bill is passed.

        17                  The Secretary will continue to

        18       read.

        19                  THE SECRETARY:    Calendar Number

        20       926, by Senator Sampson, Senate Print 5764, an

        21       act to amend the Social Services Law.

        22                  SENATOR LIBOUS:    Read the last

        23       section.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6555



         1       Are there any Senators wishing to speak on the

         2       bill?

         3                  Hearing none, the debate is closed.

         4                  The Secretary will please ring the

         5       bells.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Call the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Announce the results.

        14                  THE SECRETARY:    Those recorded in

        15       the negative on Calendar Number 926 are

        16       Senators DeFrancisco, Flanagan, Griffo,

        17       Hannon, Larkin, LaValle, Little, Marcellino,

        18       Padavan, Ranzenhofer, Saland, Skelos, Volker

        19       and Winner.

        20                  Absent from voting:  Senators

        21       Dilan, Huntley, Monserrate and Onorato.

        22                  Ayes, 39.  Nays, 14.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The bill is passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6556



         1                  The Secretary will continue to

         2       read.

         3                  THE SECRETARY:    Calendar Number

         4       929, substituted earlier today by Member of

         5       the Assembly Dinowitz, Assembly Print Number

         6       1004, an act to amend the Insurance Law.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Are there any Senators wishing to be heard on

         9       this bill?

        10                  Hearing none, the debate is closed.

        11                  The Secretary will please ring the

        12       bells.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the first of January.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 52.  Nays,

        22       0.  Absent from voting:  Senators Dilan,

        23       Huntley, Monserrate, Onorato and Parker.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6557



         1       The bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       932, by Senator Klein, Senate Print 5981, an

         4       act to amend the Education Law.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Are there any Senators wishing to be heard on

         7       the bill?

         8                  Hearing none, the debate is closed.

         9                  The Secretary will please ring the

        10       bells.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 4.  This

        13       act shall take effect on the first of July.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 53.  Nays,

        20       0.  Absent from voting:  Senators Dilan,

        21       Huntley, Monserrate and Onorato.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is passed.

        24                  The Secretary will continue to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6558



         1       read.

         2                  THE SECRETARY:    Calendar Number

         3       936, substituted earlier today by Member of

         4       the Assembly Gottfried, Assembly Print Number

         5       9033, an act to amend the Social Services Law.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Are there any Senators wishing to speak on the

         8       bill?

         9                  Hearing none, the debate is closed.

        10                  The Secretary will please ring the

        11       bell.

        12                  Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 936 are

        22       Senators Hannon, Larkin, Little, Marcellino,

        23       Ranzenhofer, Saland and Seward.

        24                  Absent from voting:  Senators



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6559



         1       Dilan, Huntley, Monserrate and Onorato.

         2                  Ayes, 46.  Nays, 7.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The bill is passed.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Calendar Number

         8       939, substituted earlier by Member of the

         9       Assembly Cahill, Assembly Print Number 9040,

        10       an act to amend the Public Authorities Law.

        11                  SENATOR MAZIARZ:    Explanation.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Stachowski, an explanation has been

        14       requested.

        15                  SENATOR STACHOWSKI:    Yes, Madam

        16       President.  This bill is an act to amend the

        17       Public Authorities Law in relation to the

        18       energy efficiency and clean energy initiatives

        19       of the Power Authority of the State of

        20       New York, providing for the repeal of such

        21       provisions upon expiration thereof.

        22                  The purpose of the bill is to

        23       enhance the energy efficiency, clean energy,

        24       energy service and green building programs



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6560



         1       administered by the Power Authority of the

         2       State of New York, to reduce energy

         3       consumption and mitigate environmental impacts

         4       from energy usage consistent with the state's

         5       energy and environmental policies.

         6                  This bill will provide NYPA with

         7       the authority to design, develop, construct,

         8       implement, provide and administer

         9       energy-related projects, programs and services

        10       for recipients of economic development power,

        11       expansion power, replacement power,

        12       preservation power, high load-factor power,

        13       municipal distribution agency power, Power for

        14       Jobs.

        15                  This bill will also give them the

        16       authority, as deemed feasible or advisable by

        17       NYPA's trustees, that NYPA may finance,

        18       design, develop, construct, implement and

        19       administer energy-related projects, programs

        20       and services for any public entity and

        21       customers of NYPA's low-power-cost programs.

        22                  NYPA may consult standards and

        23       other criteria established or adopted by other

        24       organizations, including but not limited to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6561



         1       the United States Green Building Council and

         2       its lead program, the Green Building

         3       Initiative's Green Globes rating system, and

         4       the American National Standards Institute.

         5                  NYPA may use note and bond proceeds

         6       and other authority funds to finance projects

         7       and programs.

         8                  The programs can authorize

         9       contracts, energy efficiency, clean energy,

        10       energy services, green building programs for

        11       up to 35 years' duration, provided that the

        12       duration of any such contract does not exceed

        13       the expected useful life of the facilities or

        14       equipment comprising such projects.

        15                  The bill would build upon the

        16       significant reductions in the consumption of

        17       energy and the contributions to a cleaner

        18       environment made possible by NYPA's energy

        19       efficiency, clean energy, energy service,

        20       sustainable building programs and make it

        21       easier for public entities to implement such

        22       services and projects.

        23                  NYPA has invested more than

        24       $1 billion in energy efficient projects at



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6562



         1       publicly owned facilities in New York State

         2       since 1987.  Through direct implementation of

         3       projects and low-cost financing, its energy

         4       services programs have resulted in more than

         5       1,560 completed projects at 2,640 facilities,

         6       producing more than $102 million in annual

         7       taxpayer savings.

         8                  Since the inception of this

         9       program, these programs have reduced energy

        10       consumption in the state by over 900 gigawatt

        11       hours and prevented the emission of

        12       approximately 824,987 tons of greenhouse gas

        13       emissions.

        14                  An example of one of these success

        15       stories would be NYPA's own building in White

        16       Plains, where NYPA replaced its chilled water

        17       plant as an energy efficiency measure and

        18       implemented other measures that earned the

        19       facility Lead Existing Building Gold Status.

        20       The completed project is saving NYPA 4,704,764

        21       kilowatt hours per year of electricity,

        22       accounting for a savings of $338,951 annually.

        23                  The new equipment has reduced

        24       greenhouse gases by 3,034 tons per year and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6563



         1       mitigated the CFCs that would otherwise be

         2       refrigerated of the old chilled water plant.

         3       Many of the public entities served by NYPA can

         4       make use of these programs, such as the City

         5       of New York, the Office of General Services,

         6       the State University of New York --

         7                  (Laughter; Republican Senators

         8       gesturing "surrender.")

         9                  SENATOR STACHOWSKI:    No, I'm

        10       trying to give an explanation.

        11                  Go ahead.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Maziarz, why do you rise?

        14                  SENATOR MAZIARZ:    Would Senator

        15       Stachowski yield for many questions?

        16                  SENATOR STACHOWSKI:    Sure.  Go

        17       ahead.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Stachowski yields.

        20                  SENATOR MAZIARZ:    The first

        21       question I have, Senator Stachowski, is did

        22       you just say that you were pleased to see that

        23       the assets of NYPA would be used to do

        24       something in the City of New York?



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6564



         1                  SENATOR STACHOWSKI:    I said that

         2       this is a program that is statewide, Senator

         3       Maziarz.  Whether you like it or not, the City

         4       of New York is part of New York State.

         5                  Currently, in a program that was

         6       developed long before I got here, Power for

         7       Jobs, which everybody raves about upstate, has

         8       more money invested in downstate New York than

         9       upstate.  I think that was done by the

        10       Republican Senate.  Just a guess, because it's

        11       in the last 40 years.  And New York City gets

        12       to make use of this program.  All of upstate

        13       gets to make use of this program.

        14                  If I'm not mistaken, SUNY, with the

        15       exception of a couple of locations on Long

        16       Island, is located throughout upstate New York

        17       and will be readily available to make use of

        18       this.  As a matter of fact, there's fire

        19       companies upstate that are using any of these

        20       programs, they also can make use of this

        21       program.

        22                  And all the companies in upstate

        23       that are trying to achieve energy savings will

        24       be able to apply for these programs and get



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6565



         1       better energy efficiency and therefore save

         2       energy costs and save the state money and save

         3       us the size of a footprint in carbon dioxide

         4       emissions.

         5                  So yes, New York City is part of

         6       it, but so is all of upstate.

         7                  SENATOR MAZIARZ:    Madam

         8       President, through you, would Senator

         9       Stachowski continue to yield for questions.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Stachowski, do you continue to yield?

        12                  SENATOR STACHOWSKI:    Yes, I

        13       continue to yield.

        14                  SENATOR MAZIARZ:    Yes, Senator

        15       Stachowski, you pointed out earlier that the

        16       Senate approved the Power for Jobs program.

        17       Did the Assembly approve the Power for Jobs

        18       program too?

        19                  SENATOR STACHOWSKI:    I believe

        20       they will be.

        21                  SENATOR MAZIARZ:    No, have they

        22       in the past?

        23                  SENATOR STACHOWSKI:    In the past?

        24       Yes, they have in the past, yes.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6566



         1                  SENATOR MAZIARZ:    They have --

         2                  SENATOR STACHOWSKI:    Yes.

         3                  SENATOR MAZIARZ:    -- the Assembly

         4       has approved the Power for Jobs program since

         5       1997.

         6                  You read the first, I think, lines

         7       3 through 9 of this bill during your

         8       explanation about the entities that are

         9       eligible under this program for energy

        10       efficiency grants from the Power Authority.

        11       It's a very wide-ranging, very broad, very

        12       general criteria that the Power Authority will

        13       be able to assist them in.

        14                  Through you, Madam President, if

        15       Senator Stachowski would answer, where does

        16       the Power Authority make its money?  Where is

        17       the Power Authority going to get the money to

        18       fund all of these things from?

        19                  SENATOR STACHOWSKI:    I believe,

        20       Senator, that a lot of these will be loans and

        21       grants, and they'll achieve a lot of savings

        22       from the power that won't be used, as they

        23       have achieved in the power in the White Plains

        24       station, their own building in White Plains.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6567



         1                  And as they continue to get more

         2       energy-efficient buildings, less energy will

         3       be used by each individual user and more

         4       energy will be available for more companies

         5       hopefully that will locate in upstate New York

         6       and then become energy users in more of these

         7       low-cost-power programs.

         8                  SENATOR MAZIARZ:    Madam

         9       President, through you --

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Are you asking Senator Stachowski to yield?

        12                  SENATOR MAZIARZ:    No, actually

        13       I'll speak on the bill, because Senator

        14       Stachowski wasn't going to answer my

        15       questions.

        16                  The Power Authority gets its money

        17       from two places, Senator.  It gets it from the

        18       Massena plant in St. Lawrence, a little bit,

        19       but it gets the boatload of its revenue, which

        20       Congressman Brian Higgins -- who you're very

        21       familiar with, a Democrat from Western

        22       New York -- continually points out, along with

        23       myself, they get the boatload of their revenue

        24       from the Niagara plant.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6568



         1                  So money from Niagara.  Because

         2       they operate 16 plants in the State of

         3       New York, and they are so inept that they lose

         4       money in 14 out of the 16.  They only make

         5       money at St. Lawrence and, of course, their

         6       cash cow, Niagara.

         7                  So once again, once again, just

         8       like back in February of this year when

         9       $550 million was stolen from the people of

        10       Western New York, when the chance to create

        11       jobs in Western New York, when the chance to

        12       have economic development in Western New York

        13       was taken away by this Legislature, once again

        14       the people of Western New York are going to

        15       have to use their best asset, that hydropower,

        16       to fund these energy-efficiency grants in

        17       New York City, downstate New York, Long

        18       Island, Westchester, and across the state.

        19                  Twenty-two percent of the homes in

        20       the City of Niagara Falls are abandoned.

        21       They're not for sale, they're not in

        22       foreclosure, they're abandoned.  The U.S.

        23       Census Bureau estimates that the largest

        24       decline in population of any city in upstate



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6569



         1       New York will be in the City of Niagara Falls.

         2                  How can that be, when right down

         3       the road is the largest hydroelectric plant in

         4       the entire northeastern United States?  How

         5       can that be?

         6                  There should be jobs, there should

         7       be companies, there should be opportunities

         8       there.  Congressman Higgins sees it.  I see

         9       it.  Why don't the people who represent

        10       Western New York in this room see it?  The

        11       Buffalo News continually reminds them of that.

        12       And they continually come here and vote

        13       against the interests of those young people in

        14       Western New York.

        15                  Senator Adams and Senator Parker

        16       spoke very passionately earlier about young

        17       children and their education in the City of

        18       New York.  And I feel just as passionately

        19       about this issue, as I'm sure you all know.

        20       It's unfortunate that we had to have this at

        21       3 o'clock in the morning, a Power Authority

        22       bill.  Senator Smith, don't ever put a Power

        23       Authority bill on the calendar at 3 o'clock in

        24       the morning.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6570



         1                  I will vote against this.  I will

         2       ask my colleagues to vote against this.  I

         3       will beg my colleagues from Western New York

         4       to withdraw their sponsorship of this.

         5                  This is taking our best asset,

         6       taking our best asset and sending it to --

         7       they define public authorities, public

         8       universities such as the City University of

         9       New York -- taking our best asset out of

        10       Western New York and sending it downstate.

        11       When is it going to stop?

        12                  Thank you, Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you, Senator.

        15                  Senator Stachowski, why do you

        16       rise?

        17                  SENATOR STACHOWSKI:    Yes, Madam

        18       President.  I'd like to speak on the bill.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Stachowski, on the bill.

        21                  SENATOR STACHOWSKI:    It seems

        22       like it's very easy for Senator Maziarz to

        23       stand here and criticize everything that is

        24       done for the power plant that is a federal



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6571



         1       power plant, I might add.  I don't hear him

         2       complaining about the power that goes out of

         3       state.  And maybe he wants to talk to the

         4       Congressman about opening that up and see how

         5       well they do at keeping that power.

         6                  He talks about the money that was

         7       swept in the DRP, but he never talks about the

         8       $500 million that was swept while he sat on

         9       this side of the aisle over the course of the

        10       many budgets when they took money from the

        11       Power Authority to balance budgets.  That was

        12       okay, because then Senator Maziarz did it.

        13       And I would never use a word like he used in

        14       that.  But when he did it, it was fine.  When

        15       lot of these programs were put in while he was

        16       here, that was fine.

        17                  During the course of his budget

        18       comments, he said how they could have used

        19       that money to reduce people's rates.  Well,

        20       that money was there the year before; he was

        21       chairman of Energy, and nobody's rates went

        22       down.

        23                  He complained about an assessment

        24       on electric and other power that unfortunately



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6572



         1       we couldn't get out.  We got the telephone

         2       part out.  However, during the 30-day

         3       amendment period of the budget -- that he

         4       always takes so much credit that he fought --

         5       he was chairman of Energy.  Didn't say word

         6       about that assessment.  Could have started the

         7       fight then, and maybe we would have been

         8       successful in getting that whole piece out of

         9       the budget.  But he sat quietly while the

        10       30-day amendment period went by.

        11                  Does the whole state benefit from

        12       this program?  Yes.  Does Niagara County need

        13       more help?  Absolutely.  Does Erie County and

        14       the other counties in Western New York need

        15       more help?  Yes.  If we want to look who's in

        16       charge of Niagara County, we don't have to

        17       look far.  We know who runs Niagara County.

        18       It's nobody sitting on this side.  But if

        19       that's how we want to play, that's how we'll

        20       play on this.

        21                  This happens to be a very good

        22       program.  If you want to kill it, feel free.

        23       This bill enables companies that get power to

        24       do a better job with their buildings, with the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6573



         1       way they use their energy.  They will end up

         2       saving energy.  They will save on the carbon

         3       footprint.  There will be more energy for

         4       other companies.  There will be more energy to

         5       induce more companies to come to Western

         6       New York, hopefully, or other parts of

         7       upstate.  People will go to work.  The Power

         8       Authority will make money, not lose money.

         9       They're saving money in the examples that are

        10       in the bill itself.

        11                  But I guess we shouldn't mention

        12       those parts.  We should just beat a dead horse

        13       and say that this is just terrible because it

        14       takes an asset of the state and uses it for

        15       the whole state.

        16                  If I'm not mistaken, based on the

        17       economy in Western New York, we're not

        18       generating all the tax dollars, but we're

        19       benefiting from a lot of the programs.  And I

        20       think a lot of those dollars, even in this bad

        21       time in downstate, are coming from downstate

        22       coming up here and paying a lot of the bills.

        23                  And I'm not defending downstate,

        24       but this is one New York.  And a bill like



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6574



         1       this recognizes that this is one New York and

         2       that SUNY campuses can benefit, authorities

         3       can benefit, businesses that use all these

         4       various programs from the Power Authority can

         5       benefit from the ability to make their

         6       buildings greener, more efficient, better

         7       energy users.  Definitely better

         8       environmentally for everyone around it.

         9                  But if it's politically expedient

        10       to kill this bill, then feel free.  And all

        11       your colleagues who join you.  Kill the bill,

        12       George.  Great job, be proud of yourself.

        13                  I think it's a good bill.  I think

        14       everybody should vote for it.  I think it's a

        15       step forward for New York State.  Everybody is

        16       looking how to green buildings.  Part of the

        17       ARRA money is for green buildings.  This

        18       program will help that become more efficient

        19       and make those dollars easier for

        20       municipalities to use.

        21                  Hopefully we'll be smart enough not

        22       to be petty and to pass this bill and add

        23       another good program into the asset of trying

        24       to make New York a better place to locate



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6575



         1       businesses and to keep your business in.

         2       Because when they have programs to help your

         3       business become more efficient and let you use

         4       less power, your expenses go down and your

         5       competitiveness goes up.

         6                  So if that's a bad thing, then vote

         7       no.  I think it would be a great vote on your

         8       part.  And it might be our turn to run around

         9       to the newspapers and all the TV stations and

        10       say, well, you know, we did this program we

        11       were going to do for -- yup, unfortunately

        12       New York City benefited, but it would have

        13       benefited all the companies that are getting

        14       Power for Jobs in upstate New York and help

        15       them become more efficient, able to compete

        16       better with the other plants that are in their

        17       own company and maybe even be cheaper than a

        18       lot of the plants.

        19                  Maybe keep the Ford stamping plant

        20       in Hamburg, where I represent, and make them

        21       more efficient in their power use and more

        22       competitive with the other Ford plants across

        23       the country and keep those jobs in Western

        24       New York.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6576



         1                  Maybe if we had this program we

         2       might not have the cutbacks that they're

         3       having at Chevy.  But we'll never know,

         4       because if they choose to kill this bill

         5       tonight we'll never find out tonight, either,

         6       if in the future we'll have that ability to

         7       make these companies more competitive.

         8                  Hopefully we'll look past that,

         9       we'll do a bill that's good for the State of

        10       New York and we'll do what's right for the

        11       people that do business and work and live in

        12       the State of New York.  And I suggest

        13       everybody votes for this bill.

        14                  Thank you, Madam President.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator.

        17                  Are there any other Senators

        18       wishing to be heard on the bill?

        19                  Hearing none, the debate is closed.

        20                  The Secretary will please ring the

        21       bell.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6577



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Maziarz, to explain his vote.

         6                  SENATOR MAZIARZ:    Thank you very

         7       much, Madam President.  To explain my vote.

         8                  I think that my colleague has to

         9       get his talking points updated.  He continues

        10       to use, and other representatives continue to

        11       use that tired example of previous sweeps from

        12       the Power Authority under Governor Pataki and

        13       under Governor Spitzer.

        14                  And he knows, because I've said it

        15       so many times, absolutely there were previous

        16       sweeps under the previous governors, Governor

        17       Pataki and Governor Spitzer, that I supported

        18       because they were used for the right reason.

        19       They were used to pay for energy programs.

        20       They were used to pay for a program like Power

        21       for Jobs.  They were used to fund energy

        22       development and research into the General Fund

        23       budget.

        24                  I remember being at one of these



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6578



         1       hearings that Governor Spitzer had downstate

         2       in the Red Room, on energy issues, and he

         3       talked about a sweep from the Power Authority.

         4       And he leaned over to me and he said, "We have

         5       to be very careful."  The discussion was, you

         6       know, on whether to take money and put it into

         7       the General Fund.  And he leaned over to me

         8       and he said, "You know, if we get it into the

         9       General Fund once, it will become a piggy bank

        10       for Shelly."  And we sort of laughed and joked

        11       about that.

        12                  And when we did that this year, by

        13       one vote in this body, the ex-governor at the

        14       time called me up, and he recalled that

        15       conversation.  Because now it has become a

        16       piggy bank.  The Niagara Power Project has

        17       become a piggy bank.

        18                  This was the first time, the first

        19       time this year that a sweep from the Power

        20       Authority was intended for the state's General

        21       Fund.  It came to Albany to pay the bills.

        22       And it came directly from Niagara.

        23                  It was also unprecedented in the

        24       amount.  Congressman Higgins -- I say this all



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6579



         1       the time, much, I'm sure, to the pain of my

         2       colleagues from Western New York.  Congressman

         3       Higgins, a Democrat, said that this

         4       Legislature took more out of Western New York

         5       in one day than the Power Authority has given

         6       us in 50 years.

         7                  Senator Stachowski mentioned the

         8       Chevy plant.  I mentioned the Chevy plant many

         9       times on the floor during the debate on the

        10       budget.  The Chevy plant just laid off 274

        11       people, UAW people in Western New York.  You

        12       know why?  You know what we did to them in

        13       this year's budget?  We raised their utility

        14       rates by a thousand dollars a week.  That's

        15       what we did to them.

        16                  We wouldn't have to do that to them

        17       if we could keep our power.  If we could keep

        18       the money that's generated from selling our

        19       power in Niagara -- and I'm sure the same is

        20       true in St. Lawrence -- we wouldn't need a

        21       stimulus package.  We wouldn't need help from

        22       the State of New York.  Niagara Falls wouldn't

        23       be a dying city that it is today, and Western

        24       New York would be a vibrant community with



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6580



         1       people moving in instead of moving out.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Maziarz --

         4                  SENATOR MAZIARZ:    Yes.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       How do you vote?

         7                  SENATOR MAZIARZ:    Is my time up?

         8                  (Laughter.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Apparently.

        11                  SENATOR MAZIARZ:    I vote in the

        12       negative.  Thank you.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you, Senator Maziarz.

        15                  Senator Thompson.

        16                  SENATOR THOMPSON:    Yes, first let

        17       me thank Senator Stachowski for being the lead

        18       sponsor on this bill.

        19                  I think it's very important that we

        20       support this economic development tool.  And I

        21       would just say that, you know, it's easy to --

        22       particularly for people in Western New York to

        23       get caught in the gridlock of Albany.

        24                  I think that many of my colleagues



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6581



         1       on the other side of the aisle from Western

         2       New York know that the Western New York

         3       delegation used to have a rich tradition of

         4       working together in a collegial and bipartisan

         5       way so that we could work in the Assembly and

         6       the Senate to bring home our resources for

         7       Western New York.

         8                  And I believe that we have gotten

         9       on the wrong path, the path of gridlock and

        10       destruction, which will hamper our ability to

        11       work collectively across the aisle to deliver

        12       for Western New York.  Because we in Western

        13       New York are always concerned about making

        14       sure that we get our fair share.

        15                  And I would just say to my

        16       colleagues that when I was in the minority, I

        17       used to work with folks and listen.  And

        18       sometimes I would agree or disagree, but I

        19       always understood one thing, that together we

        20       can work collectively to produce for Western

        21       New York.

        22                  And I think that since January we

        23       have been on a very destructive course that

        24       will not benefit Western New York.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6582



         1                  So I would ask that as we move

         2       forward over the next year to year and a half

         3       that we be mindful of why we were successful

         4       in the past.  That's because Democrats and

         5       Republicans from Western New York always

         6       worked together.  We didn't always agree, but

         7       one thing we always agreed on was making sure

         8       that we sent a united message to deliver for

         9       Western New York.

        10                  And I would say that we need to get

        11       back on that path, because that's what the

        12       people from Western New York want.  Anyone can

        13       throw a rock.  Anyone can throw a stone --

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Thompson, how do you vote?

        16                  SENATOR THOMPSON:    I support this

        17       bill.

        18                  And I also believe that, you know,

        19       you can't change the rules because you're in

        20       the minority.  You know, if it was good to be

        21       collegial when you were in the majority, it's

        22       good to be collegial when you're in the

        23       minority as well.

        24                  Thank you, and God bless you.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6583



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Thompson will be recorded in the

         3       affirmative.

         4                  Announce the results.

         5                  THE SECRETARY:    Those recorded in

         6       the negative on Calendar Number 939 are

         7       Senators DeFrancisco, Griffo, Libous, Maziarz,

         8       Winner and Young.  Also Senator Little.  Also

         9       Senator Ranzenhofer.

        10                  Absent from voting:  Senators

        11       Dilan, Huntley, McDonald, Monserrate and

        12       Onorato.

        13                  Ayes, 44.  Nays, 8.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is passed.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Madam President,

        18       staying with the controversial calendar, can

        19       we take up Calendar Number 944, Print Number

        20       4200.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       944, substituted earlier today by Member of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6584



         1       the Assembly Glick, Assembly Print Number

         2       8219, an act to amend the Education Law and

         3       the State Finance Law.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Are there any Senators wishing to be heard on

         6       the bill?

         7                  Senator LaValle.

         8                  SENATOR LaVALLE:    Yeah, would

         9       Senator Stavisky -- the hour is late; I'm just

        10       going to ask you one brief question.

        11                  This is a surcharge on the 48

        12       professions that the State Education

        13       Department oversees.  There's not been an

        14       increase since, I think --

        15                  SENATOR STAVISKY:    I didn't hear

        16       the end of your question.

        17                  SENATOR LaVALLE:    Can you hear

        18       me?

        19                  SENATOR STAVISKY:    Yes, now I

        20       can.

        21                  SENATOR LaVALLE:    This is a bill

        22       placing a 15 percent surcharge on the 48

        23       professions that the department oversees.

        24       There hasn't been an increase since '89.  But



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6585



         1       this is a large increase.

         2                  I think the membership wants to

         3       know, Senator Stavisky, that the professions

         4       are supportive of this so that they can be

         5       served properly by the department.

         6                  SENATOR STAVISKY:    Yes.  This is

         7       a 15 percent surcharge.  Let's remember that

         8       the Office of the Professions takes care of

         9       50,000 professional licenses, 250,000

        10       registrations.  They certify educational

        11       requirements.  They have 300 educational

        12       programs that they take care of, 15,000

        13       reviews of nontraditional educational

        14       programs.  They handle a million calls and

        15       emails, et cetera.

        16                  There have been absolutely no memos

        17       in opposition.  And in fact, it was the

        18       professions who came to me and said, "We

        19       support the 15 percent surcharge."

        20                  And the following have issued

        21       written memoranda on the subject:  The New

        22       York State Institute of Architects, the

        23       New York Mental Health Councils Association,

        24       the National Association for Drama Therapy,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6586



         1       the New York State Podiatric Medical

         2       Association, the New York Chapter of the

         3       American Society of Landscape Architects, the

         4       National Association of Advancement of

         5       Psychoanalysis, the Public Employees

         6       Federation, the New York Mental Health

         7       Councils Association.

         8                  This does not apply to doctor

         9       registrations, only the 48 licenses that come

        10       under the jurisdiction of the State Education

        11       Department.

        12                  SENATOR LaVALLE:    Thank you,

        13       Senator Stavisky.

        14                  Thank you, Madam President.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator.

        17                  Are there any other Senators

        18       wishing to speak on the bill?

        19                  Hearing none, the debate is closed.

        20                  The Secretary will please ring the

        21       bells.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6587



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Announce the results.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 944:  Ayes, 52.  Nays, 0.

         8                  Absent from voting:  Senators

         9       Dilan, Huntley, McDonald, Monserrate and

        10       Onorato.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Madam President,

        15       can we take up at this time Calendar Number

        16       945, Print Number 5036.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       945, substituted earlier today by Member of

        21       the Assembly Rosenthal, Assembly Print Number

        22       3843A, an act to amend the Social Services

        23       Law.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6588



         1       Are there any Senators wishing to speak on the

         2       bill?

         3                  Hearing none, the debate is closed.

         4                  SENATOR LIBOUS:    Read the last

         5       section, please.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The Secretary will please ring the bells.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the 90th day.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Announce the results.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 945:  Ayes, 52.  Nays, 0.

        18                  Absent from voting:  Senators

        19       Dilan, Huntley, McDonald, Monserrate and

        20       Onorato.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The bill is passed.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Yeah, if I could



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6589



         1       just be recognized for a minute.

         2                  I had a passing thought to move to

         3       adjourn, although I'm not going to do it,

         4       because out of respect for members that have

         5       bills here and they've spent the entire

         6       evening here.

         7                  But I do want to point out that as

         8       of right now there are eight members of the

         9       Democrat majority not here voting on this

        10       legislation.  That's one-quarter of that

        11       conference is not here voting.

        12                  Now, I know, with Senator Foley,

        13       his father is very ill, and we pray for him.

        14                  But this is not the way we should

        15       be conducting business at this time in the

        16       hour.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Thank you, Senator.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Madam President,

        21       now that Senator Skelos withdrew his childish

        22       threat, let's take up Calendar Number 941,

        23       Print Number 939A.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6590



         1       The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       941, substituted earlier today by Member of

         4       the Assembly Morelle, Assembly Print 6818A, an

         5       act to amend the Public Health Law.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Are there any Senators wishing to speak on the

         8       bill?

         9                  Hearing none, the debate is closed.

        10                  The Secretary will please ring the

        11       bells.

        12                  Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 52.  Nays,

        21       0.

        22                  Absent from voting:  Senators

        23       Dilan, Huntley, McDonald, Monserrate, and

        24       Onorato.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6591



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Madam President,

         5       can we now take up Calendar Number 943, Print

         6       Number 4126.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       943, substituted earlier today by Member of

        11       the Assembly Bacalles, Assembly Print Number

        12       7506, an act in relation to capital

        13       improvement projects.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Are there any Senators wishing to be heard on

        16       the bill?

        17                  Hearing none, the debate is closed.

        18                  The Secretary will please ring the

        19       bell.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Call the roll.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6592



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 943:  Ayes, 52.  Nays, 0.

         6                  Absent from voting:  Senators

         7       Dilan, Huntley, McDonald, Monserrate and

         8       Onorato.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The bill is passed.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Madam President,

        13       can we take up Calendar Number 947 and then

        14       proceed in order on the controversial

        15       calendar.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       947, by Senator Parker, Senate Print 5615, an

        20       act to amend the Public Service Law and the

        21       General Business Law.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Are there any Senators wishing to be heard on

        24       the bill before us?



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6593



         1                  Hearing none, the debate is closed.

         2                  The Secretary will please ring the

         3       bells.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 4.  This

         6       act shall take effect on the 120th day.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator LaValle, to explain his vote.

        12                  SENATOR LaVALLE:    Yes, to explain

        13       my vote.

        14                  This was a LaValle bill in prior

        15       years, so it is my pleasure to vote for it as

        16       a Senator Parker bill.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Announce the results.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 947:  Ayes, 52.  Nays, 0.

        21                  Absent from voting:  Senators

        22       Dilan, Huntley, McDonald, Monserrate and

        23       Onorato.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6594



         1       The bill is passed.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       948, substituted earlier today by Member of

         5       the Assembly Schimminger, Assembly Print

         6       Number 8826, an act to amend the Social

         7       Services Law.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Are there any Senators wishing to be heard on

        10       the bill before us?

        11                  Hearing none, the debate is closed.

        12                  The Secretary will please ring the

        13       bells and read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Announce the results.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 948:  Ayes, 52.  Nays, 0.

        23                  Absent from voting:  Senators

        24       Dilan, Huntley, McDonald, Monserrate and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6595



         1       Onorato.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is passed.

         4                  The Secretary will continue to

         5       read.

         6                  THE SECRETARY:    Calendar Number

         7       950, by Senator Duane, Senate Print 2664, an

         8       act to amend the Social Services Law.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Are there any Senators wishing to be heard on

        11       the bill before us?

        12                  Senator Duane.

        13                  SENATOR DUANE:    Thank you, Madam

        14       President.  On the bill.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Duane, on the bill.

        17                  SENATOR DUANE:    Thank you, Madam

        18       President.

        19                  You know, I'm wondering whether

        20       anyone thinks that I like being here after

        21       3 o'clock tonight after having been here very,

        22       very late last night.

        23                  And you know what?  I also wonder

        24       whether there's anyone in this chamber that



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6596



         1       thinks that they can scare me or get me to

         2       back down on anything that I believe in.

         3                  I wonder if there's anyone in this

         4       chamber that thinks whether I care whether I'm

         5       a Senator or not.  I don't.  I only care that

         6       I get to say what is important to me and to

         7       people that I represent on this floor.

         8                  I don't think you know what I'm

         9       doing here.  I'm here to save lives.  I'm here

        10       to fight for what I believe in.  I'm here to

        11       stand up for myself and to stand up for other

        12       people that don't have people standing up for

        13       themselves here, in this chamber.  That's why

        14       I'm here, to stand up, to stand up for what I

        15       believe in and to fight for people who don't

        16       have a voice.

        17                  Let me take you back.  The early

        18       eighties.  Visiting friends in hospitals.

        19       We'd go in, we'd go in one night, in the

        20       morning they'd be dead.  I'd bring them food,

        21       my family, bring them food, my friends, bring

        22       someone food.  But whoever was in the bed

        23       would be dead before they could eat it.

        24                  We'd leave it.  Maybe the nurses



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6597



         1       will take it home.  No, they wouldn't eat it,

         2       because it's contaminated.  Contaminated.

         3       Wouldn't touch it.  Wouldn't go into the room,

         4       wearing masks, gloves, gowns.

         5                  Someone gets sick in the afternoon,

         6       they'd be dead the next day.  Dead.  And that

         7       went on for months and then years.  Dead.

         8       Dead.  You think if you got sick and your

         9       friends were dying that I would sit there and

        10       do nothing?  No.  But that's what happened.

        11       That's what happened.

        12                  Every cold, every virus, every

        13       temperature, I thought I'd be dead.  And so

        14       did so many people that I knew.  Dead.

        15                  You think you scare me?  You think

        16       you can make me back off?  Nothing scares me.

        17                  There were gurneys backed up into

        18       the avenues because they wouldn't let people

        19       in the emergency rooms.  The public hospitals,

        20       they had to.  They tried not to, but they had

        21       to.  You know what?  The Catholic hospitals,

        22       the only ones.  The only ones.  Scared?  That

        23       was scared.

        24                  Eventually, people could stay alive



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6598



         1       a few days.  A few days.  People thrown out of

         2       their homes.  People evicted from their

         3       apartments.  Families didn't want to know who

         4       their kids were.  Oh, oh, his lips were on

         5       that glass, don't touch it.  Sterilize that

         6       plate.  Every cold, every fever, every virus,

         7       I'm going to die.  That's what it was like.

         8       Scared?  No.  Mad?  You bet.

         9                  And then there were -- oh, you

        10       know, this -- you know, we can put you on this

        11       antibiotic for a while.  It will wreck your

        12       lungs, but we'll give you a few more weeks.

        13       Here, try this additive, maybe this will help.

        14       Nothing helped.  Hundreds, hundreds of my

        15       friends died.  And every day I thought I could

        16       be the next one.

        17                  I wish I could say things are

        18       different now, but they're not.  Not much

        19       different at all.

        20                  1985, I was in a study about how

        21       people were coping and surviving, their mental

        22       health.  You know what the answer was?  I

        23       don't know that we needed a study.  "Not so

        24       good."  When they took my blood, we weren't



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6599



         1       even supposed to find out.  Why?  Because

         2       nothing could be done.

         3                  You know when I got here, those of

         4       you that remember?  Remember?  Remember all

         5       those bills?  Oh, you can get AIDS from a taxi

         6       inspector.  You can get AIDS from a guard.

         7       1999.

         8                  So easy to find a place to live.

         9       Today, I have doctors who treat people with

        10       HIV, they cannot rent space.  No stigma.  No

        11       stigma.  In Queens, where I grew up, it was in

        12       the paper, they wanted to site a small house

        13       for people living with AIDS.  The neighbors

        14       hysterical:  All those people with HIV around

        15       our children.  Today, today that goes on.

        16                  What does this bill do?  This bill

        17       would let someone living, if they could find a

        18       private home to live in, to live on more than

        19       30 bucks a week.  You try it.  Toilet paper,

        20       socks, underwear, telephone, visiting your

        21       grandchildren, toothpaste, toothbrush.

        22                  The only people in New York State,

        23       the only people who have to pay more than

        24       30 percent of their income in rent.  You are



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6600



         1       going to kill a bill?  Nice.  Nice.  If you're

         2       lucky enough to find a place to live.

         3                  Yeah, I'm scared.  You scare me.

         4       Yeah, you'll make me back off.  I love being a

         5       Senator.  What, you might not accept me?  I

         6       earned my spot here.

         7                  Yeah, you want to know what's going

         8       on in our schools?  Oh, come to the school on

         9       World AIDS Day.  I'll show you what they're

        10       doing about teaching about HIV.  They're doing

        11       a great job.  One kid, tragic, choked on a hot

        12       dog in a cafeteria.  One child.  Meanwhile,

        13       every day kids are getting infected, hundreds,

        14       probably thousands every year, because no one

        15       till them how HIV is transmitted.  And you

        16       think you can get it from my saliva.

        17                  Oh, yeah, don't let my doctor

        18       choose the lab to get my blood drawn so they

        19       know what kind of medicine I should take.

        20       That's another good one.  I had to fight to

        21       let them take blood in prisons and send it to

        22       labs so they can get people in prisons the

        23       right medicine to keep them alive because the

        24       labs the prisons use didn't test for the right



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6601



         1       kind of -- to see what kind of strain the HIV

         2       was so they could prescribe the right kind of

         3       drug.

         4                  If people are lucky enough to find

         5       a place to live, you let them keep a couple

         6       hundred dollars a month to live on -- if

         7       they're lucky enough.  Right here in Colonie,

         8       a few years ago when I was here, that TV show

         9       that builds houses for people?  They built a

        10       house for a mom here.  Four kids.  Two living

        11       with HIV, two without.  She adopted them.

        12                  I read in the Times Union letters

        13       to the editor:  Why are they building a pool?

        14       It's Albany, it's cold.  How often can they go

        15       swimming?  Why did they build a pool?

        16                  Because the Town of Colonie

        17       wouldn't let them swim in the pool.  That's a

        18       couple of years ago.  Not just the two that

        19       had HIV, but their brothers too, because

        20       they're all contaminated.  Right here in

        21       Albany.  And those kids are lucky they had

        22       someone to -- they could live with a mother

        23       who loved them.

        24                  The thing I'm most proud of that I



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6602



         1       did when I was in the New York City Council

         2       was when Mayor Giuliani wanted to eliminate

         3       the agency that helped keep people with AIDS

         4       alive.  He wanted to eliminate it.  I put it

         5       in law he couldn't break it up.

         6                  I got them an extra hundred dollars

         7       for food.  You know what they call AIDS?

         8       Wasting disease.  A hundred dollars to take

         9       the subway to the doctor.  That money is taken

        10       away.

        11                  This bill would let people have a

        12       few dollars to live on if they could find

        13       place to live.  The people that this bill

        14       would protect, they live in SROs.  They live

        15       in garbage where the landlord makes all the

        16       money and they're left with nothing.  The only

        17       ones.

        18                  You think it's funny, we'll kill

        19       Duane's bill.  No, you're not killing my bill.

        20       You're killing people.

        21                  I'm lucky, I have a good health

        22       plan.  You think someone would hire me if I

        23       left here?  I'm expensive.  My drugs cost

        24       money.  I don't live in a place where I'd end



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6603



         1       up living on less than 10 bucks a day --

         2       toilet paper, toothpaste, phone calls, visit

         3       my mother.  Go to the doctor.  Buy a Band-Aid

         4       for when they take my blood if it starts to

         5       bleed again.

         6                  Funny.  Kill Duane's bill.  Yeah,

         7       I'm nice.  I've got a sense of humor.  But I'm

         8       not here so you like me.  I'm here to save my

         9       life, and I'm here to save the lives of other

        10       people because they don't have anyone sitting

        11       here.

        12                  In 1989, 1990 -- 1984 -- even

        13       today, people sitting in hospitals.  Sick

        14       friends, sick relatives.  No cure.  Yeah,

        15       people live longer, but it kills.  You know

        16       how many people get evicted, get dragged into

        17       court because they don't have enough money to

        18       stay in their homes?  These people that would

        19       get a few extra dollars.

        20                  You wonder why I fight so hard for

        21       tenants?  Because landlords evicted family.

        22       If someone died of AIDS and the partner wasn't

        23       on the lease, the body wouldn't even be cold,

        24       they'd be nailing the eviction notice to the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6604



         1       door.

         2                  Oh, don't fight, Tom.  You'll never

         3       win.  They'll never say your families count.

         4       Your families won't count.  We'll never win.

         5       I said, "Why not fight it anyway?  We're

         6       getting evicted anyway.  What do we have to

         7       lose?"

         8                  It took years, but we won.  They

         9       can't throw us out.  And neither can you.

        10                  You want someone to live on a

        11       couple of dollars for their toilet paper and

        12       their toothpaste and take the subway to visit

        13       their mother?  Defeat the bill; it's on you.

        14       Have a good time.  Have a big laugh.  Go

        15       ahead, do it tonight.  But I'm coming back,

        16       and you can't stop me.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Are there any other Senators wishing to --

        19                  (Standing ovation.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Are there any other Senators wishing to speak

        22       on the bill?

        23                  SENATOR THOMPSON:    I just want to

        24       say something real quick.  I won't be long.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6605



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Thompson.

         3                  SENATOR THOMPSON:    I really

         4       appreciate with great compassion that Senator

         5       Duane spoke.

         6                  You know, the last month and a half

         7       it's really been, I think, quite

         8       soul-searching.  And I know one of the days I

         9       went home and I was pretty frustrated.  And as

        10       you know, traveling west, it's a four-hour

        11       ride.  And some of the things that Senator

        12       Duane talked about was on my mind, not only on

        13       the way there but on the way back, about why

        14       we take some of the tough issues that we take

        15       up.

        16                  And we had a conversation in

        17       conference about a week and a half ago about

        18       what makes us different.  What makes us

        19       different is because we fight for the folks

        20       that Tom is talking about.  We take up the

        21       causes that are not easy, they're not popular.

        22       Especially when you are one of -- you know, a

        23       Democrat.  We take up these issues that aren't

        24       so sexy, that are not safe.  They're not cool.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6606



         1                  And I know, I know how that is.  I

         2       do it all the time.  The issues that make

         3       people uncomfortable.  Oh, here they come with

         4       the tree-hugger issue or social justice or

         5       economic justice.  And it's unfortunate.

         6       Because the issues that you talk about,

         7       whether it's dealing with folks who are

         8       affected, infected, or impacted, on a whole

         9       host of issues it's not easy.  Even the folks

        10       on that side of the aisle have the same -- we

        11       all have a similar problem with some of the

        12       same issues.  And that's why we got involved

        13       with this.

        14                  But sometimes we get so caught up

        15       in our two minutes of fame that we sometimes

        16       lose sight of why we first ran for office and

        17       why we ran for the Senate.

        18                  So I commend you for that.  Because

        19       this last 30 to 45 days for me has reminded me

        20       why we take up these progressive issues, why

        21       we fight for the people we fight for.  And why

        22       we do the things that we do so that they know

        23       that they have a voice here.  Whether they are

        24       people who have just come to America or people



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6607



         1       who have been shut out in America.  Or people

         2       who believe that the dream would touch them.

         3                  Because you know what?  Just

         4       because Obama is president, that doesn't mean

         5       the people on the main streets and side

         6       streets are feeling a lot better right now.

         7       So they look to all of us to make sure that we

         8       don't lose sight of that because we have

         9       bigger offices and people call us Mr. Senator

        10       or Mrs. Senator or Miss Senator.  We have a

        11       responsibility.

        12                  And, Tom, I appreciate it.  Yes,

        13       tonight is long.  But you know what?  I think

        14       it was an important message.  And we can't

        15       ever lose sight of it.  This is why so many

        16       great people have come through these chambers,

        17       so that we can make good public and

        18       progressive public policy.  That's what this

        19       is all about.  And we can't ever lose sight of

        20       that and get so caught up in our rugged

        21       individualism which has so often crippled

        22       America.  We can do better, and we will do

        23       better.

        24                  Thank you.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6608



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Thank you, Senator.

         3                  Senator Alesi.

         4                  SENATOR ALESI:    Thank you, Madam

         5       President.

         6                  Senator Duane, would you be kind

         7       enough to yield for a brief question?

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Duane, will you yield for a question?

        10                  SENATOR DUANE:    Yes, Madam

        11       President.

        12                  SENATOR ALESI:    We know each

        13       fairly well; I think that goes without saying.

        14       Through you, Madam President, Senator Duane

        15       and I have had a lot of conversations about

        16       this subject.

        17                  We've never had the opportunity to

        18       discuss the thing that is in this bill, the

        19       housing crisis for those people who are on

        20       public assistance and the cost to them of

        21       sustaining themselves.  All of the things that

        22       you spoke so passionately about comes down to

        23       what's in this bill.

        24                  And the bill simply asks that those



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6609



         1       people who are described as being on public

         2       assistance, living in sustained housing

         3       circumstances, not be required to pay more

         4       than 30 percent of their earned or unearned

         5       income, as I understand it.  Am I correct in

         6       that?

         7                  SENATOR DUANE:    (Nodding.)

         8                  SENATOR ALESI:    Through you,

         9       Madam President, will the Senator continue to

        10       yield?

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Will you continue to yield, Senator Duane?

        13                  SENATOR DUANE:    Yes, Madam

        14       President.

        15                  SENATOR ALESI:    Senator, I

        16       embrace everything that you said.  Having said

        17       that, and setting that aside, is there any

        18       other disease or any other circumstance where

        19       someone on public assistance who is living in

        20       a sustained or assisted living situation

        21       that's described in this bill, are they

        22       guaranteed that they will not have to spend

        23       more than 30 percent of their earned or

        24       unearned income to sustain themselves?  Are



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6610



         1       there any other health circumstances -- Madam

         2       President, this is a very sensitive issue.

         3       I'm trying to be sensitive; I'm trying to

         4       frame my question.  So I apologize for the

         5       interruption, Senator.

         6                  Are there any other circumstances?

         7       None?

         8                  SENATOR DUANE:    Through you,

         9       Madam President.  No, there aren't.

        10                  And the problem is compounded

        11       because if you've been diagnosed with cancer

        12       or MS or if you've had an amputation or a

        13       whole host of other terrible health

        14       problems -- I'm not saying it's easy.  But

        15       because it's so difficult for these people to

        16       find a place to live, if they are lucky enough

        17       to find a place in a private accommodation,

        18       this is the circumstance that they find

        19       themselves in.

        20                  And there is no other group in the

        21       State of New York that is required to pay more

        22       than 30 percent of their income for rent.  And

        23       that money doesn't go back, that money -- it

        24       just leaves them destitute.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6611



         1                  SENATOR ALESI:    Madam President,

         2       will Senator Duane continue to yield.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Duane, do you continue to yield?

         5                  SENATOR DUANE:    Yes, Madam

         6       President.

         7                  SENATOR ALESI:    Again, I would

         8       simply remind you of our personal friendship

         9       and our relationship and our discussions and

        10       remind the body that on a daily basis we share

        11       not only these chambers, but we share the

        12       members lounge, we eat together, we drink

        13       together, we talk together, we visit, and we

        14       come into contact with each over in a very

        15       normal way in these circumstances.

        16                  And I believe that we are all good

        17       and close friends.  And I don't notice and I

        18       haven't experienced any circumstances where

        19       the kind of bias that you describe has been

        20       displayed here, at least obviously.

        21                  I consider you a friend.  And as I

        22       said earlier, I embrace the issues that you

        23       talked about, and I truly appreciate your

        24       passion.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6612



         1                  I simply asked the question because

         2       to be fair, to be fair to all of those other

         3       people who might have another disease, how do

         4       we not offer them the same kind of thing that

         5       you're proposing here?

         6                  And so when I cast my vote, I'll

         7       have to weigh that.  And in doing that, it

         8       will have no bearing, Senator, at all on the

         9       issue of bias.  And I hope that you'll

        10       understand that.

        11                  Thank you, Madam President.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you, Senator.

        14                  Are there any other Senators

        15       wishing to be heard on the bill before us?

        16                  SENATOR ADAMS:    Yes, Madam

        17       President.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Adams.

        20                  SENATOR ADAMS:    First, I want to

        21       thank you, Senator Duane.  I don't know those

        22       who suffer from cancer that are not allowed to

        23       swim in swimming pools.  I don't know people

        24       who have asthma that are not allowed to rent



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6613



         1       apartments.  I don't know people who have

         2       lupus that are told to wash their glass after

         3       they drink.

         4                  So no other individuals who suffer

         5       from diseases don't have the benefit that

         6       Senator Duane is talking about, but they too

         7       do not go through the stigma that is

         8       associated with AIDS.

         9                  Last year -- or early this year, I

        10       should say, while I was here in the Senate, my

        11       building burned down.  And I rushed to return

        12       back to Brooklyn because I have three

        13       apartments in that building.  Each one of

        14       those apartments are rented to individuals who

        15       are HIV-positive.  And I promised them from

        16       the day they moved in I would never raise

        17       their rent, I would make sure they have a

        18       place to stay.

        19                  And I'm hoping within the next few

        20       days that they will finish fixing the building

        21       so they can return home, because I know what

        22       they go through.

        23                  So no, this is not a benefit that

        24       is extended to others.  But others don't go



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6614



         1       through those who are inflicted with HIV or

         2       who have AIDS.  It's very real.  And only a

         3       person that can't see that would ever feel the

         4       impact that it does to individuals and their

         5       families.

         6                  So I commend you for this bill, and

         7       I will be voting in the positive.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Thank you, Senator.

        10                  Are there any other Senators

        11       wishing to speak on the bill?

        12                  Hearing none, the debate is closed.

        13                  The Secretary will please ring the

        14       bells.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator DeFrancisco, to explain his vote.

        23                  SENATOR DeFRANCISCO:    Yes, I'm

        24       going to vote in favor of this bill.  And



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6615



         1       basically a lot was based upon what Senator

         2       Duane had said.

         3                  As I listened to the debate, in

         4       many instances I changed my mind as to my

         5       initial opinion.  And that's true as late as

         6       today, when another Senator Duane bill was on

         7       the floor that I had laid aside.  He came

         8       over, gave me an explanation, I took off the

         9       lay-aside, and we went ahead and proceeded.

        10                  Secondly, this is a very unusual

        11       night because the Majority does not have

        12       enough people to pass any bills today.

        13                  And the only thing I truly take

        14       offense at is the fact that somehow we're

        15       being accused of wanting to kill a specific

        16       bill or kill bills.  We could have killed

        17       every single bill that came on the floor

        18       today.  And we didn't do that.  We based our

        19       vote and are basing this vote on the merits of

        20       the situation.  And everybody has different

        21       views of the merits of every case.

        22                  So I'm going to vote yes on this

        23       bill, but I don't want anybody in the world to

        24       think that I or anyone on this side of the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6616



         1       aisle is being pushed to vote yes because of

         2       some embarrassment that somehow Senator Duane

         3       got the concept that we were going to kill his

         4       bill and that he's not afraid of us.

         5                  I'm going to always vote on the

         6       merits, as I believe all of my colleagues are

         7       here today, and I vote aye.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator DeFrancisco to be recorded in the

        10       affirmative.

        11                  Senator Liz Krueger.

        12                  SENATOR LIZ KRUEGER:    Thank you.

        13       I rise to support the bill and thank you for

        14       reminding many of us why we do come here every

        15       day.  Tom, thank you.

        16                  But in response to the question of

        17       Senator Alesi, I think it's important to point

        18       out that this is a bill for people who are

        19       suffering with HIV/AIDS but who are also, by

        20       definition, so poor that they need public

        21       assistance.

        22                  And so in response to your

        23       question, I would say if we were to take a

        24       look at the population of people suffering



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6617



         1       from chronic and crisis-like illnesses who

         2       find themselves on public assistance, we

         3       should ask ourselves a question:  Are we

         4       providing adequate income to many, many people

         5       who are ill from many diseases in this state

         6       and have to turn to the government for

         7       assistance, for public assistance, for food

         8       stamps, for healthcare?

         9                  And I think if we looked at the

        10       question, we would know that the answer is no,

        11       we're not doing enough for these people.

        12                  So I don't think the debate ought

        13       to be why this for people with AIDS or HIV who

        14       are poor, but why not, as a state, aren't we

        15       looking at making sure we provide adequate

        16       housing and healthcare and income for anyone

        17       in the state who finds themselves desperate,

        18       poor and sick?

        19                  I'm very proud to vote yes.  Thank

        20       you.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Liz Krueger to be recorded in the

        23       affirmative.

        24                  Senator Duane, to explain his vote.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6618



         1                  SENATOR DUANE:    Madam President,

         2       I just want to be as crystal-clear as

         3       possible.

         4                  People living with HIV and AIDS are

         5       the only class of people whose income is

         6       capped at this low level.  Other diseases,

         7       people living on public assistance, they only

         8       pay a third.  It's only, in grotesque

         9       unfairness, are people living with HIV and

        10       AIDS limited in the amount of money they are

        11       allowed to have each month.  The rest is taken

        12       away from them.  So I just wanted to clarify

        13       that.

        14                  And then the other thing I wanted

        15       to say was thank you.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Announce the results.

        18                  SENATOR HANNON:    I'd like to

        19       explain my vote.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Hannon, to explain his vote.

        22                  SENATOR HANNON:    When I first saw

        23       this bill yesterday, it was in the Rules

        24       Committee.  I asked how much it cost.  Senator



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6619



         1       Duane didn't provide any information but just

         2       gave a structural answer that he thought it

         3       would save money because it would put people

         4       in better circumstances.

         5                  And during this debate I've been

         6       thinking about the 12-plus, 15-plus years that

         7       I was chair of health, of all of the budgets

         8       that we did, of the over $100 million a year

         9       that we do to support people who have AIDS to

        10       support them, to help them with medical

        11       problems, help them with housing problems.

        12                  I presume that there are some

        13       people in the circumstance the way Senator

        14       Duane has outlined tonight that still have

        15       plight.  But I do not believe there is a study

        16       out there, I do not believe there are

        17       newspaper reports that show this to be

        18       widespread.  I have not seen that.

        19                  To bring up something with this

        20       much emotion at the end of the session,

        21       outside of the budget, without an

        22       appropriation -- where it probably is great

        23       for emotion but I don't know how factual it

        24       is, I don't know how practical it is -- is



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6620



         1       something I have an objection to.  If it were

         2       that much needed, it should have been worked

         3       through, we should have done a supplemental

         4       appropriation to the budget, we should get

         5       actual assistance to people who need it.

         6                  I've worked, I've voted for people

         7       who have AIDS, to better their lives, to

         8       better their healthcare, to better their

         9       circumstances.  I believe it's an obligation

        10       we have.  I've put that test to mettle.  And

        11       I'm not sure this is the case tonight.  I just

        12       don't think I'm supporting this, because I

        13       haven't seen the facts.

        14                  Thank you.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Hannon to be recorded in the negative.

        17                  Senator Schneiderman, to explain

        18       his vote.

        19                  SENATOR SCHNEIDERMAN:    Thank you,

        20       Madam President.

        21                  I'm very proud to rise in support

        22       of this bill.  I will be voting yes.  This

        23       is -- I don't see how you can't support this

        24       bill.  I hear Senator Alesi, this doesn't



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6621



         1       solve everyone's problems, but it solves a

         2       very real problem for a lot of people.

         3                  And, Senator Hannon, there is a

         4       study by Johns Hopkins on this specific issue,

         5       and Senator Duane has a copy and will be glad

         6       to provide you with it.

         7                  There is no question that in the

         8       State of New York there are people suffering

         9       under these circumstances, the combination of

        10       disease and discrimination.  We can do

        11       something about it.  Let's do something about

        12       it tonight.

        13                  Thank you, Tom.  Thanks to all of

        14       you for supporting this.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Schneiderman to be recorded in the

        17       affirmative.

        18                  Senator Lanza, to explain his vote.

        19                  SENATOR LANZA:    Thank you, Madam

        20       President.

        21                  I just want to say that like

        22       everyone in the chamber tonight, I listened

        23       very attentively to you, Senator Duane, and

        24       heard your passion.  And the vote I'm about to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6622



         1       cast, I will cast in a way that is in part

         2       influenced by some of the things that you

         3       talked about.

         4                  You talked about fairness.  And I

         5       just want to point out -- and I think you know

         6       this in your heart -- I think it's unfair to

         7       suggest that anyone in this chamber would vote

         8       for or against something because they thought

         9       it was funny.  And I can assure you that no

        10       one on either side of the aisle said that they

        11       were going to do anything because it was a

        12       Duane bill.  In fact, if anything, the support

        13       that I think there will be for this bill may

        14       be because it's a Duane bill.

        15                  And so I'm going to vote in favor

        16       of this, but I just wanted to point that out.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Lanza will be recorded in the

        19       affirmative.

        20                  Senator Alesi, to explain his vote.

        21                  SENATOR ALESI:    To explain my

        22       vote, Madam President.

        23                  My colleagues, Senator Krueger, Liz

        24       Krueger pointed out that we should probably be



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6623



         1       looking at all of the diseases.  And I think

         2       that was exactly where I was going with my

         3       questioning.  Because we should be making a

         4       more comprehensive approach to taking care of

         5       those people who have living needs, who don't

         6       have the resources to sustain themselves while

         7       they're sick.

         8                  So yes, of course, we should be

         9       doing that.  But tonight we're presented with

        10       a bill that specifically deals with HIV/AIDS.

        11                  It would be better if we could be

        12       voting on a more comprehensive approach.  That

        13       goes without saying, although Senator Krueger

        14       very adroitly brought that to our attention.

        15                  So I mentioned that my vote would

        16       not be based on any form of bias, and it will

        17       not be.  But I will tell you this.  I would

        18       prefer to be voting on a bill that does not

        19       single out a particular disease, although I

        20       will vote in favor of this bill, as Senator

        21       Duane probably could have predicted.  But I'll

        22       be doing it more as a statement rather than

        23       something that is purely objective.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6624



         1       Senator Alesi to be recorded in the

         2       affirmative.

         3                  Senator Flanagan, to explain his

         4       vote.

         5                  SENATOR FLANAGAN:    Thank you,

         6       Madam President.

         7                  I'll try and be very brief.  I want

         8       to associate myself with the remarks made by

         9       Senator Alesi.  This is -- it's frustrating,

        10       it's enlightening.

        11                  And in listening to the comments

        12       from Senator Duane in particular, Senator

        13       Duane, there is a lot of affection for you in

        14       this chamber, because most of us were worried

        15       that you were going to keel over in the course

        16       of your comments.  So fortunately, nothing

        17       like that happened.

        18                  But I do take some offense to the

        19       way the comments were raised.  And I agree

        20       with Senator Lanza that nobody thinks this is

        21       funny.  And I would only hasten to add that as

        22       we look at all these issues and we deal with

        23       things like this, we have talked about this

        24       house and about the other house.  And I tried



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6625



         1       looking quickly at some of the background.

         2                  And, Senator Duane, at the

         3       beginning of this, I was voting no.  I've

         4       changed my mind; I'm going to be voting yes.

         5                  But I would also say that for all

         6       the things that are said negatively about the

         7       Senate, we're passing this bill.  And you're

         8       right, we could kill this bill.  We, the nasty

         9       Republicans, quote, unquote, could kill this

        10       bill.  But that's not going to happen.

        11                  I just offer for everyone's

        12       enlightenment that this bill has not passed in

        13       the Assembly.  It's been introduced since

        14       January and sits in the Ways and Means

        15       Committee.  And when everyone seems to look at

        16       that house as being the vanguard and the great

        17       protector, it's this house -- and it's frankly

        18       the members on both sides of the aisle -- that

        19       are going to pass this bill.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Flanagan to be recorded in the

        22       affirmative.

        23                  Senator Marcellino, to explain his

        24       vote.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6626



         1                  SENATOR MARCELLINO:    Yes, Madam

         2       President.  Thank you.

         3                  I rise at this early hour of the

         4       morning with about a three-hour ride ahead of

         5       me.  I should arrive on Long Island sometime

         6       around the rush hour, where I will see my

         7       wife, whom I haven't seen in a month.  It's

         8       our fortieth anniversary week.  We had a

         9       cruise planned.  Needless to say, I didn't get

        10       there.  I'm here, doing my job.

        11                  Tom, you taught me something today.

        12       One, you taught me you're very emotional.  And

        13       I thought I had seen just about everything,

        14       but you showed me something.  And I thought

        15       there was no one in the world that could scare

        16       me except my wife, and she's about

        17       two-foot-three and hits like somebody your

        18       height and weight.

        19                  I'd like to see a copy of that

        20       study.  I'd like to read it.  And I think

        21       perhaps it would be a good idea if you shared

        22       it with all of us.

        23                  I leave my thoughts with Jim Alesi.

        24       I wish we could be voting on a more



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6627



         1       comprehensive situation and a bill that took

         2       into consideration more of the diseases out

         3       there where the impact might be similar.  I

         4       think we'd all feel better for it.

         5                  But in this case, this is what we

         6       have to do to deal with.  And I will be voting

         7       in the affirmative.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Marcellino to be recorded in the

        10       affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 950:  Ayes, 52.  Nays, 1.

        14       Senator Hannon recorded in the negative.

        15                  Absent from voting:  Senators

        16       Dilan, Huntley, McDonald and Onorato.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The bill is passed.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Madam President,

        21       can we at this time take up the supplemental

        22       active list.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The Secretary will read.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6628



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 307, Senator Monserrate moves

         3       to discharge, from the Committee on Rules,

         4       Assembly Bill Number 271A and substitute it

         5       for the identical Senate Bill Number 3797,

         6       Third Reading Calendar 307.

         7                  SENATOR KLEIN:    Lay the bill

         8       aside for the day.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The bill is laid aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       345, by Member of the Assembly Weinstein,

        13       Assembly Print Number --

        14                  SENATOR KLEIN:    Lay the bill

        15       aside for the day.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The bill is laid aside for the day.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 391, Senator Hassell-Thompson

        20       moves to discharge, from the Committee on

        21       Rules --

        22                  SENATOR KLEIN:    Lay the bill

        23       aside for the day.

        24                  ACTING PRESIDENT STEWART-COUSINS:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6629



         1       The Secretary will make the substitution

         2       first.

         3                  THE SECRETARY:    Senator

         4       Hassell-Thompson moves to discharge, from the

         5       Committee on Rules, Assembly Bill Number 3664A

         6       and substitute it for the identical Senate

         7       Bill Number 4366A, Third Reading Calendar 391.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Substitution ordered.

        10                  The bill will be laid aside for the

        11       day.

        12                  THE SECRETARY:    Calendar Number

        13       419, by Member of the Assembly Rosenthal,

        14       Assembly Print Number 3378, an act to amend

        15       the Social Services Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect on the 180th day.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Announce the results.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6630



         1                  THE SECRETARY:    Ayes, 56.  Nays,

         2       1.  Senator Ranzenhofer recorded in the

         3       negative.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       455, by Senator Monserrate, Senate Print

         8       Number 4071, an act to amend the General

         9       Business Law.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Read the last section.

        12                  THE SECRETARY:    Section 7.  This

        13       act shall take effect on the 60th day.

        14                  SENATOR KLEIN:    Lay the bill

        15       aside for the day.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Lay the bill aside for the day.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    Calendar Number

        21       521, by Member of the Assembly Aubry, Assembly

        22       Print Number 3766, an act to amend the

        23       Correction Law.

        24                  SENATOR KLEIN:    Lay the bill



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6631



         1       aside for the day.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is laid aside for the day.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 556, Senator Breslin moves to

         6       discharge, from the Committee on Finance,

         7       Assembly Bill Number 5049 and substitute it

         8       for the identical Senate Bill Number 4809,

         9       Third Reading Calendar 556.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       556, by Member of the Assembly Destito,

        14       Assembly Print Number 5049, an act to amend

        15       the Public Officers Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Announce the results.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6632



         1                  THE SECRETARY:    Ayes, 57.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       567, by Senator Duane, Senate Print 3164A, an

         6       act to amend the Public Health Law and others.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Read the last section.

         9                  THE SECRETARY:    Section 28.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Announce the results.

        16                  Oh, Senator Maziarz, to explain his

        17       vote.

        18                  SENATOR MAZIARZ:    Madam

        19       President, just to very, very briefly explain

        20       my vote.

        21                  I think it's very fitting that we

        22       should be ending this session -- I think this

        23       is really the end of session -- voting for a

        24       bill sponsored by Tom Duane, and hopefully



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6633



         1       that Eric Schneiderman is going to support,

         2       that's been endorsed by New York State Right

         3       to Life Committee.

         4                  (Laughter.)

         5                  SENATOR MAZIARZ:    And I just want

         6       to acknowledge these two ladies who have sat

         7       here all day waiting for this particular bill

         8       to come up.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you.

        11                  Senator Duane, to explain his vote.

        12                  SENATOR DUANE:    Thank you, Madam

        13       President.

        14                  I just wanted to especially --

        15       well, thank a lot of people, but I'm not going

        16       to, but in particular Senator Hannon for his

        17       invaluable advice and wise counsel on helping

        18       with this legislation.  So thank you.

        19                  Thank you, Madam President.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Thank you, Senator Duane.

        22                  Announce the results.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 567:  Ayes, 57.  Nays, 0.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6634



         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  Senator Smith, that concludes the

         4       reading of the supplemental active list.

         5                  SENATOR SMITH:    Yes, thank you,

         6       Madam President.

         7                  Normally, Madam President, this

         8       would be a time when we would make remarks

         9       regarding the end of session for this year.

        10       While we know this was an extraordinary year

        11       for us, it is not over.

        12                  And I would say to my colleagues,

        13       while I know you will be going home safely,

        14       while we will be praying for each one of your

        15       families, please note that there is much more

        16       business for us to do.  We will probably be

        17       back in these chambers sometime between now

        18       and the end of the year.  And at that time

        19       will be a time for the appropriate

        20       end-of-session comments.

        21                  So please note that this is not the

        22       end of session for this year.  While we know

        23       that this is the end during this summer, we

        24       will be back sometime between now and the fall



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        6635



         1       to conduct some other business.

         2                  Is there any other further business

         3       at the desk, Madam President?

         4                  I ask that the bills that are

         5       remaining or that are outstanding on the

         6       calendar be recommitted to the Committee on

         7       Rules.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator, the desk is clear.  The outstanding

        10       bills will be recommitted to the Committee on

        11       Rules.

        12                  SENATOR SMITH:    There being no

        13       further business, I ask that we adjourn this

        14       session at the call of the Temporary

        15       President, intervening days to be legislative

        16       days.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The Senate is adjourned at the call of the

        19       Temporary President, intervening days to be

        20       legislative days.

        21                  (Whereupon, at 4:07 a.m., the

        22       Senate adjourned.)

        23

        24



                      Candyco Transcription Service, Inc.
                                (518) 371-8910